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 18990000 English

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1899 18990000 COMPILED AND PUBLISHED BY AUTHORITY ATLANTA, GEORGIA: GEO. W. HARRISON, State Printer. (The Franklin Printing and Publishing Company.) 1899.

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

TABLE OF TITLES. Part I.Public Laws. TITLE I.APPROPRIATIONS. TITLE II.TAXES. TITLE III.AMENDMENT OF CONSTITUTION. TITLE IV.CODE AMENDMENTS. TITLE V.COURTS. TITLE VI.EDUCATION. TITLE VII.RAILROADS AND INSURANCE COMPANIES. TITLE VIII.MISCELLANEOUS. TITLE IX.MUNICIPAL CORPORATIONS. TITLE X.BANKING CORPORATIONS. Part II.Local Laws. TITLE I.CITY AND COUNTY COURTS. TITLE II.EDUCATION. TITLE III.MISCELLANEOUS. Part III.Private Laws. Part IV.Resolutions.

STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1899. Part I.Public Laws. TITLE I.APPROPRIATIONS. TITLE II.TAXES. TITLE III.AMENDMENT OF CONSTITUTION. TITLE IV.CODE AMENDMENTS. TITLE V.COURTS. TITLE VI.EDUCATION. TITLE VII.RAILROADS AND INSURANCE COMPANIES. TITLE VIII.MISCELLANEOUS. TITLE IX.MUNICIPAL CORPORATIONS. TITLE X.BANKING CORPORATIONS.

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TITLE I. APPROPRIATIONS. ACTS. For support of Prison Commission. For the Georgia School for the Deaf. For repairs of old capitol at Milledgeville. For pensions of invalid and indigent soldiers. For Georgia Volunteers and Clerk of Adjutant-General. FOR SUPPORT OF PRISON COMMISSION. No. 363. An Act to provide for the support of the Prison Commission for the year 1900, and to make the necessary appropriation therefor. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the sum of one hundred and twenty thousand dollars be, and is, hereby appropriated out of any funds in the treasury, not already appropriated, for the use of the Prison Commission for the year 1900, to pay

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the salaries of the commissioners, and other officers and employees, office expenses and supplies, transportation, and other necessary expenses incurred by authority of law; provided, that the appropriation heretofore made of seven thousand two hundred dollars, for the payment of the salaries of the Prison Commissioners and their clerk, shall be held and deemed and be considered a part of the appropriation made by this Act. Appropriation for Prison Commission, $120,000.00. Sec. 2. This money shall be drawn from the treasury by executive warrant, upon requisition of the commission, stating for what purpose the money is to be used. How paid. Sec. 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved December 20, 1899. THE GEORGIA SCHOOL FOR THE DEAF. No. 383. An Act to appropriate the sum of ($5,000) five thousand dollars to the Georgia School for the Deaf, to cover certain deficit arising in the appropriation for the support fund for the year 1899, and for increased attendance and expense of maintenance for the year 1900, 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 sum of five thousand dollars be, and the same is, hereby appropriated to the Georgia School for the Deaf, to cover certain deficit and increased cost of maintenance arising in the support fund for the year 1899 and 1900, occasioned by the increased attendance, which required larger expenditures on account of supplies, clothing, teachers, etc., and by the advance in provisions and all other material contributing to the support of the school. Appropriation for the Georgia School for the Deaf. $5,000,00. 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 20, 1899.

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OLD CAPITOL AT MILLEDGEVILLE. No. 373. An Act to appropriate the sum of two thousand dollars for the purpose of repairing and placing in proper condition the old Capitol building located at Milledgeville, Georgia, and now used by the Middle Georgia Military and Agricultural College. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the sum of two thousand dollars, or so much thereof as may be necessary, be, and the same is, hereby appropriated for the purpose of preserving, repairing and placing in good and proper condition the State's property, known as the old Capitol building, located at Milledgeville, Georgia, and the Governor of this State is hereby authorized to draw his warrant on the treasurer of the State for said amount whenever he is furnished by the board of trustees of the Middle Georgia Military and Agricultural College with an itemized estimate and account of the sum expended, or necessary to be expended, in putting said building in good condition and repair. Appropriation to repair the old capitol at Milledgeville, $2,000 00, 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. Approved December 20, 1899. PENSIONS FOR INVALID AND INDIGENT SOLDIERS. No. 302. An Act to make appropriations for payment of pensions to invalid and indigent soldiers for the year 1900, in addition to the sum heretofore appropriated for said year, by Act approved December 22, 1898, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That in addition to the sum heretofore appropriated by the Act of December 22, 1898, for the payment of pensions to invalid soldiers, the other and further sum of two thousand and five hundred dollars is hereby

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appropriated for payment of said invalid pensions for the year 1900, aggregating and making a total of one hundred and ninety-five thousand dollars for said year 1900. And in addition to the sum heretofore appropriated by said Act of December 22, 1898, for the payment of pensions to indigent soldiers, the other and further sum of thirty thousand dollars is hereby appropriated for payment of said indigent pensions for the year 1900, aggregating and making a total of two hundred and sixty-eight thousand dollars for said year 1900. Pensions for invalid soldiers increased $2,500.00, and for indigent soldiers $30,000. Sec. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899. GEORGIA VOLUNTEERS AND CLERK OF ADJUTANT-GENERAL. No. 322. An Act to make additional appropriation for organizing, arming, equipping, clothing, drilling and training the Georgia volunteers of this State, and for the purpose of paying the State troops, when in actual service, and for the purpose of paying the armory rents of the Georgia volunteers, and for the purpose of administration of the several military departments of the State, and to increase the military fund for the year 1900, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the sum of twenty ($20,000) thousand dollars, in addition to the amount already appropriated, be, and the same is, hereby appropriated for the purpose of organizing, arming, equipping, clothing, drilling and training the Georgia volunteers, and for the purpose of paying the State troops, when in actual service, and of paying the armory rents, of the several commands of the Georgia volunteers, and for the purposes of administration of the several military departments of the State, including necessary clerical assistance, and to increase the military fund for the year 1900 to be available January 1st, 1900, and that same shall be spent under the direction of the Governor; provided, that twelve hundred dollars for clerk of Adjutant-General shall be paid out of this appropriation. Georgia Volunteers appropriation for $20,000. Clerk of adjutant-general, salary of. Approved December 21, 1899.

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TITLE II. TAXES. ACTS. Pharmacies not taxed. Confederate soldiers as photographers, not taxed. Agents of sewing-machine companies, how taxed. Dogs taxed. PHARMACIES NOT TAXED. No. 389. An Act to amend paragraph two of section two of the general tax Act for the years 1899 and 1900, approved December 22d, 1898, by striking the word pharmacy. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That paragraph two, section two of the general tax Act for the years 1899 and 1900, approved December 22d, 1898, be, and the same is, hereby amended by striking the word pharmacy from the said second paragraph of said Act. Pharmacies not taxed. Approved December 20, 1899.

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CONFEDERATE SOLDIERS AS PHOTOGRAPHERS, NOT TAXED. No. 350. An Act to amend subsection third of section 2 of the General Tax Act for the years 1899 and 1900, approved December 22, 1898, so as to exempt Confederate soldiers, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That subsection third of section 2 of the General Tax Act for the years 1899 and 1900, approved December 22, 1898, be, and the same is, hereby amended by adding after the word photographer and before the word and in the 6th line thereof, the following: provided further, that this tax shall not be required of, nor any of its restrictions apply to, Confederate soldiers who may engage in said business for themselves, and not for some other person or persons, either as partner, or otherwise, so that subsection third, when so amended, shall read as follows: Confederate soldiers as photographers not taxed. Third. Upon every daguerrean, ambrotype, photographic, and similar artist, ten dollars, and tax shall be required of them only in one county; provided, this Act shall not authorize any traveling photographer to do business in any incorporated town or city, or within ten miles of the limits thereof, where there is located a permanent photographer; provided further, that this tax shall not be required of, nor any of its restrictions apply to, Confederate soldiers who may engage in said business for themselves, and not for some other person or persons, either as partner or otherwise; and upon each agent or firm negotiating loans, and charging therefor, ten dollars in each county in which they may carry on business. Sec. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899.

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AGENTS OF SEWING-MACHINE COMPANIES, HOW TAXED. No. 362. An Act to amend the tenth section of the General Tax Act for 1899 and 1900. Section I. Be it enacted by the General Assembly of the State of Georgia, That the tenth section of the General Tax Act, approved December 22d, 1898, which section prescribes the rule for licensing sewing-machine companies, and other dealers in sewing-machines, in this State, and the agents of such companies, and dealers, be, and the same is, hereby amended by striking out the words twenty-five where the same occur in the 11th line of said section of said Act, as the same appears in the printed volume of the Acts of 1898, and substituting therefor the word five, and by adding after the word county and before the word tax in the 18th line of said section, the words or corporation, so that the tax on individual agents of said companies and dealers shall be reduced from twenty-five dollars per annum in each county in which such agent does business, to five dollars in each county, and so that the exemption of such agents from county tax shall be extended and become an exemption also from corporation license tax. Agents of sewing-machine companies, how taxed. Approved December 20, 1899. TAX ON DOGS. No. 243. An Act to levy a tax on dogs; to provide for the collection of said tax, the killing of dogs in default of the payment of the same, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, each person, firm or corporation, owning or keeping a dog, shall pay an annual tax of one dollar for each male, and one dollar and fifty cents for each female dog owned or kept, which was four months old, or over, on the first day of January of the year in which the tax is to be paid. Tax on dogs.

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Sec. II. Be it further enacted, That on the first day of January of each year, the ordinary of each county shall open a book to be known as the Register of Dogs, in which shall be entered the name of each person, firm or corporation, owning or keeping a dog and desiring to register him, the sex of the dog, the date of registering, the amount of tax paid; or, if the dog is not four months old, that fact shall be stated, which book shall be subject to public inspection. Registration of dogs Sec. III. Be it further enacted, That it shall be the duty of the ordinary of each county, on the first day of January of each year, to provide a sufficient number of brass checks, not less than one and one-half inches wide, and two inches long, with slots near the ends, by which they may be fastened to a collar, and on which are stamped, or engraved, the word Registered, and the year in which the check is to be used, one of which checks is to be delivered to the person, firm or corporation owning or keeping dogs, for each dog, when the same is registered and the tax paid. Tags for registered dogs. Sec. IV. Be it further enacted, That said ordinaries, on the first day of January of each year, shall also procure checks of like description to those above, on which shall be engraved puppy, and the year in which the same is issued, one of which is to be delivered to each person, firm or corporation owning or keeping dogs, for each dog under four months old, on the first day of January immediately preceding, when said puppy is registered as above required, and the ordinaries paid ten cents for each one registered, and the actual cost of the check. Tags for registered puppies. Sec. V. Be it further enacted, That when a dog has on a collar with a proper check, it shall be evidence that he has been registered as above required. Evidence of registry. Sec. VI. Be it further enacted, That all dogs shall be registered and said tax paid annually to the ordinaries of the several counties, by the first day of March of each year, and every dog found without the collar required by law, after the first day of March, shall be put to death as hereinafter set forth, unless the dog is registered as is provided in the next section. Tax, when paid. Sec. VII. Be it further enacted, That it shall be the duty of the constables in each militia district during the month of March of each year, to catch and impound at his residence, every dog in his district, which has no collar, as above provided, and immediately notify the owner, if known, and shall keep said dog for forty-eight hours, during which time the owner or keeper thereof may register

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said dog on condition that he will make affidavit before the ordinary that he was providentially prevented from registering said dog prior to March 1st of that year, and shall then register and pay the tax on said dog as required by law, or shall simply register him or her, and pay for check and fees, if the dog was under four months old on January 1st immediately preceding. The party shall also pay the ordinary twenty-five cents for said affidavit, and to the officer impounding, fifty cents for his fee; but in the event the tax and fees are not paid as above, the impounding officer, after the dog has been impounded forty-eight hours, shall kill him or her. Constables must impound and kill dogs not registered. Sec. VIII. Be it further enacted, That it shall be the duty of each of the aforesaid constables, during the months of March and April of each year, to kill without impounding, every dog in his district, which has not been registered as above required, for which service he shall receive twenty-five cents for each dog killed. Constables, compensation of. Sec. IX. Be it further enacted, That in the event a dog has been registered for any year and has lost his check, the owner or keeper of said dog can have a duplicate check for that dog and year issued by making affidavit before the ordinary of the loss of the original, and paying the actual cost of the check. Tags lost, duplicates of. Sec. X. Be it further enacted, That any person who shall willfully and knowingly secrete any dog to prevent said dog being registered or killed, as above provided, or shall resist or oppose any constable in carrying out the provisions of this Act, and every constable who shall knowingly and willfully refuse to impound or kill any unregistered dog, as is in this Act provided, or who shall kill any dog not subject to that penalty, shall be guilty of and punished for a misdemeanor. Penalty for non-compliance with this act. Sec. XI. Be it further enacted, That all payment of fees to ordinaries and constables which have not been paid by the owners or keepers of dogs, and all expenses for books and checks shall be paid only out of the funds arising from the tax on dogs. Ordinaries and constables, fees of, how paid. Sec. XII. Be it further enacted, That on the first Tuesday in July in each year the ordinary of each county shall make a sworn statement to the county school commissioner of his county, showing the amount of money received from tax on dogs, the amount paid out for books, checks and fees, and the net amount of cash on hand, which shall be paid to said county school commissioner, to be used for common school purposes as is required by law. Tax, how applied. Sec. XIII. Be it further enacted, That the fees of constables for killing dogs shall be paid by the ordinaries on sworn statements,

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showing the number of dogs killed, the date when killed, and the owner's name, when known; provided, that this bill, if enacted, shall not become operative in any county except upon the recommendation of the grand jury thereof. Constables, fees of. Proviso, recommendation of grand jury. Sec. XIV. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 8, 1899.

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TITLE III. AMENDMENT TO CONSTITUTION. ACTS. Pensions for Confederate soldiers and their widows. PENSIONS FOR CONFEDERATE SOLDIERS AND THEIR WIDOWS. No. 390. An Act to amend section 1, article 7, paragraph 1 of the Constitution of Georgia, so as to extend the provisions of said section, article, and paragraph to the widows of Confederate soldiers, who, by reason of age and poverty, or infirmity and poverty, or blindness and poverty, are unable to provide a living for themselves, 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 section 1, article 7, paragraph 1, of the Constitution of Georgia be, and the same is, hereby amended by inserting after the word service in the 13th line, the following words: or who, by reason of age and poverty, or infirmity and poverty, or blindness and poverty, are unable to earn a living for themselves, so that said section, when so amended, will read as follows, to wit: To supply the soldiers who lost a limb or limbs in the militiary service of the Confederate States, with substantial artificial limbs, during life; and make suitable provisions for such Confederate soldiers as may have been otherwise disabled or permanently injured in such service, or who may, by reason of age and poverty, or infirmity and poverty, or blindness and poverty, are unable to provide a living for themselves, and for the widows of such Confederate soldiers as may

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have died in the service of the Confederate States, or since, from wounds received therein, or disease contracted in the service, or who, by reason of age and poverty, or infirmity and poverty, or blindness and poverty, are unable to provide a living for themselves; provided, that the Act shall only apply to such widows as were married at the time of such service, and have remained unmarried since the death of such soldier husband. Pensions for Confederate soldiers and their widows because of infirmity and poverty. Sec. 2. Be it further enacted, That if this amendment shall be agreed to by two-thirds of the members of the General Assembly of each House, the same shall be entered on their journals with the yeas and nays taken thereon, and the Governor shall cause the amendment to be published in one or more of the newspapers in each congressional district for two months immediately preceding the next general election, and the same shall be submitted to the people at the next general election, and the voters thereat shall have written or printed on their tickets, For Ratification of section 1, article 7, paragraph 1 of the Constitution of this State, or Against Ratification of section 1, article 7, paragraph 1 of the Constitution of this State, as they may choose; and if a majority of the electors qualified to vote for members of the next General Assembly, voting, shall vote in favor of ratification, then said amendment shall become a part of said article 7, section 1, paragraph 1 of the Constitution of this State, and the Governor shall make proclamation thereof. Constitution, amendment. 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 20, 1899.

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TITLE IV. CODE, AMENDMENTS TO. ACTS. Volume 1, Section 48.Disqualified voters, how listed. Volume 1, Section 333.Militia districts, how changed. Volume 1, Section 338.Justices and constables of districts consolidated or abolished. Volume 1, Section 386 and 387.County lines disputed, how surveyed. Volume 1, Section 739.Municipal offices, how held. Volume 1, Section 906.Tax fi. fas., how collected. Volume 1, Section 982.State depository in city of Douglas. Volume 1, Section 1143 and 1218.Officers of volunteer forces, terms of. Volume 1, Section 1778 and 1781.Stock law not operative for districts not fenced. Volume 2, Section 1916.Loans by banks limited. Volume 2, Section 2219.Railroads crossed by roads of mining companies. Volume 2, Section 2723.Mortgages to secure bonds. Volume 2, Section 2801.Liens for improvement of real estate. Volume 2, Section 3441.Deeds by administrators or executors. Volume 2, Section 4082.Justices of peace, compensation for list of taxpayers. Volume 2, Section 4205.Executions from county courts, form of. Volume 2, Section 4517.Attachment bonds, sufficiency of how contested. Volume 2, Section 4653. Certiorari, new trials in cases of. Volume 2, Section 4927.Applications to enjoin cutting timber. Volume 2, Section 5462.Legal advertisements, rates for and publication of. Volume 2, Section 2035, 2045 and 2048.Insurance, regulating business of. Volume 2, Section 3465.Landlord's lien for rent and supplies. Volume 3, Section 65.Voluntary manslaughterCooling time. Volume 3, Section 372.Seduction, testimony of wife. Volume 3, Section 388.Seduction, prosecution for, how stopped. Volume 3, Section 815.Revision of Jury lists. DISQUALIFIED VOTERS, HOW LISTED. No. 341. An Act to amend section 48 of the Code of 1895, Vol. I., in regard to list of disqualified persons to be prepared and filed by the tax-collector, the ordinary and the clerk of the superior court of each county in this State, so as to add at the end of said

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section a proviso, providing that after the passage of this Act, said list of disqualified persons shall consist only of such persons whose names do not appear on the list last prepared and filed by them, that they shall only receive pay for the new names each year prepared, listed and filed by them; provided, nevertheless, that in all cases they shall receive each at least two dollars per day, and that the last list prepared, listed and filed by them before the passage of this Act, taken together with the list or lists of new names prepared and filed each year afterwards, shall constitute the list of disqualified persons as prepared by them for any one year as the case may be, 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 section 48 of the Code of 1895, Vol. I., in regard to list of disqualified persons to be prepared and filed by the tax-collector, the ordinary and the clerk of the superior court of each county in this State, be and the same is hereby amended as follows, by adding at the end of said section the following: Provided that after the passage of this Act said list of disqualified persons shall consist only of such persons whose names do not appear on the list last prepared and filed by them, and said tax-collector, ordinary and clerk of the superior court shall only receive pay for the new names each year prepared, listed and filed by them; provided, nevertheless, that in all cases they shall receive, each, at least two dollars per day; that the last list prepared, listed and filed by them before the passage of this Act, taken together with the list or lists of new names prepared and filed each year afterwards, shall constitute the list of disqualified persons as prepared by them for any one year as the case may be. So that said section as amended shall read as follows: The tax-collector, the ordinary and the clerk of the superior court of each county shall, on or before July 1st of each year, prepare and file with the county registrar and tax-collector a complete list, alphabetically arranged, of all persons living in the county on January first of that year, who are disqualified from voting in that year by reason of non-payment of taxes since 1877, or by reason of idiocy, insanity or conviction of crime whose penalty is disfranchisement, unless such convict has been pardoned and the right of suffrage restored to him; and said list shall also show the race of such personthat is to say, whether white or colored; provided, that after the passage of this Act, said list of disqualified persons shall

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consist only of such persons whose names do not appear on the list last prepared and filed by them. And said tax-collector, ordinary and clerk of the superior court shall only receive pay for the new names each year prepared, listed and filed by them; provided, nevertheless, that in all cases, they shall receive each, at least two dollars per day, that the last list prepared, listed and filed by them before the passage of this Act, taken together with the list or lists of new names prepared and filed each year afterwards, shall constitute the list of disqualified persons as prepared by them for any one year as the case may be. Disqualified voters, how listed. 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 20, 1899. MILITIA DISTRICTS, HOW CHANGED. No. 258. An Act to amend section 333 of volume 1 of the Code of 1895, which prescribes the manner of laying out or changing militia districts so as to authorize the consolidation or abolishing old districts, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, That the above named section of the Code be, and the same is, hereby amended by adding after the word ones, in third line thereof, the following words, to wit: Or to consolidate or abolish old districts, so that said section when amended shall read as follows: Whenever it may be necessary and expedient to lay out a new militia district, [Illegible Text] to change the lines of the old ones, or to consolidate or abolish old districts, the ordinary may, at any time, appoint three commissioners, citizens of the district or districts from which it is proposed to make the new district, or change the lines thereof, whose duty it shall be to lay out and define such lines, and report the same to the said ordinary. Militia districts, how changed. Sec. 2. Be it further enacted by the authority aforesaid, That all laws in conflict herewith be, and the same are, hereby repealed. Approved December 14, 1899.

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JUSTICES AND CONSTABLES OF DISTRICTS CONSOLIDATED OR ABOLISHED. No. 257. An Act to amend section 338 of volume 1 of the Code of 1895, which prescribes the consequences of making or changing militia districts, so as to prescribe the consequences of consolidating or abolishing militia districts, 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 the above named section of the Code be, and the same is, hereby amended by inserting after the word district and before the word the, in the second line thereof, the following words, to wit: or in consolidating or abolishing old districts, so that said section when amended shall read as follows: If, in laying out a new district or in changing the lines of an old district, or in consolidating or abolishing old districts, the residences of justices of the peace or constables elected or appointed are included in the new district, or cut off from the district, for which they were elected or appointed, they have authority to discharge their duties for the district for which they were elected or appointed until their term of office expires and their successors in such district are qualified, unless elected or appointed to the same office in the new district to which they are eligible. Justices and constables of districts consolidated or abolished. Sec. 2. Be it further enacted by the authority aforesaid, That all laws in conflict herewith be, and the same are, hereby repealed. Approved December 14, 1899. COUNTY LINES, DISPUTED, HOW SURVEYED. No. 357. An Act to amend section 386 and 387 of volume 1 of the Code of 1895, in reference to the manner of settling disputed county lines, by providing for contests to be heard and determined by the Secretary of State, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, That sections 386 and 387 of volume 1 of the Code of 1895, in reference to the manner of settling disputed county lines, be, and the same are, hereby so amended as to require the surveyor appointed by the Governor to survey, mark out and define the boundary line in dispute, to furnish the ordinaries or chairmen of the board of county commissioners of the respective counties with a copy of the survey and plat made and returned by him to the Secretary of State, and at the same time that such survey and plat is made and returned to the Secretary of State. County lines, disputed, how surveyed. Sec. 2. And be it further enacted by the authority aforesaid, That the survey with plat, made and returned to the Secretary of State, shall be filed but not recorded for the space of thirty days from the date of its reception in his office and the entry of filing made thereon, for the purpose of allowing the authorities of either county dissatisfied therewith, to file a protest or exceptions thereto within said time. Return of survey and plat, protest. Section 3. And be it further enacted by the authority aforesaid, That in case such protest or exceptions is filed in said Secretary of State's office within the thirty days aforesaid, that it shall be the duty of said Secretary of State to give ten days' written notice through the mail to the ordinaries or chairmen of the board of county commissioners of the respective counties, of the time when he will hear the same at his office, and upon hearing said contest said Secretary of State shall determine from the law and evidence the true boundary line in dispute between the respective counties. Contests, how determined. Sec. 4. And be it further enacted by the authority aforesaid. That upon such decision being made by the Secretary of State, or in case no protest or exceptions are filed within the thirty days aforesaid, he shall cause the same to be then recorded in a book to be kept for that purpose, whereupon the same shall be final and conclusive as to the boundary line in dispute. Decision, where recorded. Sec. 5. And be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899.

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MUNICIPAL OFFICES, HOW HELD. No. 318. An Act to amend section 739 of the Code of Georgia, which declares councilmen and aldermen incompetent to hold any other municipal office during the term of office for which they were chosen. Section 1. Be it enacted, That section 739 of the Code of Georgia be, and the same is, hereby amended, by adding after the words for which they were chosen, and before the words but nothing, in the fifth line of said section, the following: provided, this shall not render them ineligible to be elected, during said term, to serve in a term immediately succeeding said term, so that the section, when amended, shall read as follows: Councilmen and aldermen of the towns and cities of this State shall be incompetent to hold, except in towns of less than two thousand inhabitants, any other municipal office in said towns and cities during the term of office for which they were chosen; provided, nothing herein shall render them ineligible to be elected during said term, to serve in a term immediately succeeding said term, but nothing in this section shall apply to any municipal office which is filled by appointment of the mayor. Any councilman or alderman appointed during his term to any other municipal office shall resign before being eligible to enter upon the office to which he has been appointed; provided, nothing herein contained shall be construed as repealing any provisions to the contrary hereof in any charter of any city or town in this State. Municipal offices, how held. Approved December 21, 1899. TAX FI. FAS., HOW COLLECTED. No. 328. An Act to amend section 906 of volume 1 of the Code of 1895, which provides that tax-collector may place his fi. fas. for taxes in the hands of any one constable of the county, who shall be authorized to collect or levy the same in any part of the county, so as to require the levying officer or officers to whom said tax

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fi. fas. may be given for collection to execute them within a fixed period and compelling them to make prompt settlements with the tax-collectors, and to fix a penalty for failure to do so, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That section 906 of volume 1 of the Code of 1895 be, and the same is, hereby altered and amended by adding a clause thereto, so that said section will read as follows: The tax-collector may place his fi. fas. in the hands of any one constable of the county, who shall be authorized to collect or levy the same in any part of the county, and it shall be the duty of the constable or constables, or other levying officer to whom the tax-collector may deliver said tax fi. fas. for collection, to proceed promptly to enforce by levy and sale the collection of the same, and said levying or collecting officer or officers shall make prompt settlements with the tax-collectors, and in no event shall they be allowed longer than ninety days from the time the fi. fas. are placed in his hands, within which to make final settlement with the collector and return to him the tax collected and the uncollected fi. fas. with proper entries thereon. Any constable or other levying officer who shall fail or refuse to make such final return or settlement within the time above stated shall forfeit all costs that might be due him on said fi. fas. and be subject to be ruled before any court of competent jurisdiction and made to account as required by this law. Tax fi. fas. how collected. 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 21, 1899. STATE DEPOSITORY IN CITY OF DOUGLAS. No. 270. An Act to amend section 982 of the Code of Georgia of 1895, providing for the selection by the Governor of banks in certain cities therein named, as State depositories, and the several Acts of the General Assembly of the State of Georgia amendatory thereof, so as to add the city of Douglas, in Coffee county, Georgia, to the list of such cities.

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Section 1. Be it enacted by the General Assembly of Georgia, That section 982 of the Code of Georgia of 1895, providing for the selection by the Governor of banks in certain cities therein named, as State depositories, and the several Acts of the General Assembly of Georgia amendatory thereof, be, and the same are, hereby so amended, as to add the city of Douglas, in Coffee county, Georgia, to the list of such cities. State Depository in city of Douglas. 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 20, 1899. OFFICERS OF VOLUNTEER FORCES, TERMS OF. No. 393. An Act to adopt a substitute for section 1143 of the Code of 1895, prescribing the duration of commissions of officers of the volunteer forces of this State, and to amend section 1218, prescribing the pay of the volunteer forces of the State when called into the service of the State, 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, and it is hereby enacted by the authority of the same, That section 1143 of the Code of 1895 be, and the same is, hereby repealed, and the following enacted in lieu thereof: All commissions now held by officers of the volunteer forces of this State shall expire on the first day of February, 1900, on which day officers shall be elected to succeed the present incumbents in the manner now prescribed by law, and commissioned for a term of three years. The term of office of all officers of said volunteer forces elected or appointed after the passage of this bill, whether line, field, or staff officers, shall be three years from date of their respective commissions. Officers of volunteer forces, terms of. Sec. 2. Be it further enacted by the authority aforesaid, That section 1218 of the said Code of 1895, prescribing the compensation of the volunteer forces, shall be so amended as to read as follows: Whenever any part of the volunteer forces of this State is called into the service of the State for the purpose of quelling insurrections, suppressing mobs, or otherwise aiding the civil authorities in

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enforcing the law, their compensation, in addition to railroad transportation, quarters and rations, shall be as follows: All colonels, lieutenant-colonels and majors, of whatever arm of service, $4.00 per day. All captains of whatever arm of the service, $3.00 per day. All lieutenants of whatever arm of the service, $2.00 per day. All first sergeants of whatever arm of the service, and all non-commissioned staff officers, $1.50 per day. All other non-commissioned officers of whatever arm of the service, $1.25 per day, and all private soldiers, of whatever arm of service, $1.00 per day. In computing the length of the term of service, twenty-four hours shall be considered a day, and all fractional parts of twenty-four hours shall be counted as an entire day. The compensation herein provided for, as well as the cost of railroad transportation and subsistence shall be paid out of the military fund, unless otherwise specifically provided for. Volunteer forces, compensation of for service. 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 20, 1899. STOCK LAW, NOT OPERATIVE IN DISTRICTS NOT FENCED. No. 225. An Act to amend sections 1778 and 1781 of the Code of Georgia of 1895, in regard to stock law in militia districts, by providing when, and on what conditions the stock law is to go into effect in such districts. Section 1. Be it enacted by the General Assembly of the State of Georgia, That section seventeen hundred and seventy-eight (1778) of the Code of Georgia of 1895, in regard to stock law in militia districts, be, and the same is hereby amended by adding at the end of said section, the following proviso, to wit: And, provided further, that within six months after such election, a lawful fence, with proper gates be erected around parts of such district as touch non-stock law or fence law districts or counties as is provided for in section 1781 of the Code of 1895, and if within such time, such fences and gates shall not be so erected, then the provisions of said section shall not go into effect. Stock law, not operative for districts not fenced.

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Sec. 2. Be it further enacted, That section seventeen hundred and eighty-one (1781) of the Code of Georgia of 1895, in regard to stock law in militia districts, be, and the same is, hereby amended by adding at the end of said section the following: and provided further, that in no event shall the provisions of the stock law go into effect as the result of a militia district election hereafter held, until and unless within six months after such election (if in favor of stock law), such fence, with gates, as above provided, has been erected around portions of such district as touch non-stock or fence law districts or counties. 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 7, 1899. LOANS BY BANKS, LIMITED. No. 358. An Act to amend section 1916, volume 2 of the Code of 1895, as amended by an Act, approved December 22d, 1898, by adding at the end of said section the words: The word `surplus' in this section shall be construed to mean the net profits of such bank or corporation, 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 1916, volume 2 of the Code of 1895, as amended by an Act, approved December 22d, 1898, be, and the same is hereby amended by adding at the end of said section the words: The word `surplus' in this section shall be construed to mean the net profits of such bank or corporation, so that said section, thus amended, shall read as follows: No bank, or corporation, doing a banking business, shall be allowed to loan to any one person, unless such loan is amply secured by good security, more than ten per cent. of its capital stock and surplus. The word surplus in this section shall be construed to mean the net profits of such bank or corporation. Loans by banks, limited. 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 20, 1899.

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RAILROADS MAY BE CROSSED BY ROADS OF MINING COMPANIES. No. 187. An Act to amend section 2219 of the Code of 1895, Vol. II., providing for railroads crossing each other, regulating said crossing, 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, section 2219 of the Code of 1895, Vol. II., be, and the same is, hereby amended, by inserting after the word State in the third line the words and also any person or persons or company owning or operating a public or private railroad in this State, when necessary to reach minerals, timber, or other materials. So that said section, when amended, will read as follows: Any railroad company heretofore or hereafter chartered by the legislature of this State, and also, any person or persons or company owning or operating a public or private railroad in this State, when necessary to reach minerals, timber, or other materials, shall have the right to cross any other railroads heretofore or hereafter built or to be built in this State, upon the following terms: they shall be allowed to cross at grade points, or at any other point where the same shall not obstruct the other road, and may be allowed to cross by a tunnel or bridge, if necessary, said tunnel or bridge being absolutely secure. Railroads may be crossed by roads of mining companies. Sec. 2. Be it further enacted by the authority of aforesaid, That any public or private railroads availing themselves of the privileges of this Act, shall be subject to the same restrictions, liabilities, and penalties, and governed by the same rules, as to crossings, as now provided by law for chartered [Illegible Text] provided, that where any train or unchartered road crosses a chartered road in this State may require said train or unchartered road to put in the necessary and proper safety switches and signal service on both sides of said chartered road. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and are, hereby repealed. Approved November 22, 1899.

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MORTGAGES TO SECURE BONDS. No. 278. An Act to amend section 2723 of the Code of 1895, in relation to the lien of mortgages, so as to provide that a mortgage given by a person or a corporation to a trustee or trustees, to secure an issue of bonds, shall, when it is expressly so stipulated therein, embrace and cover after-acquired property of such person or corporation, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and is hereby enacted by authority of the same, That from and after the passage of this Act, section 2723 of the Code of 1895 be amended by adding at the end of said section, the following words, to wit: A mortgage given by a person or a corporation to a trustee or trustees, to secure an issue of bonds, shall, when it is expressly so stipulated therein, embrace and cover after-acquired property of such person or corporation. So that said section when amended, shall read as follows: A mortgage in this State is only security for a debt, and passes no title. It may embrace all property in possession, or to which the mortgagor has the right of possession at the time, or may cover a stock of goods, or other things in bulk, but changing in specifies, in which case the lien is lost on all articles disposed of by the mortgagor up to the time of foreclosure, and attaches to the purchases made to supply their place. A mortgage given by a person or a corporation to a trustee or trustees, to secure an issue of bonds, shall, when it is expressly so stipulated therein, embrace and cover after-acquired property of such person or corporation. Mortgage to secure bonds may cover after-acquired property. 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 19, 1899.

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LIENS FOR IMPROVEMENT OF REAL ESTATE. No. 275. An Act to alter and amend the law of liens in this State as declared in paragraph two of section 2801 of the Code of this State as said paragraph was amended by an Act, approved December 18, 1897, by striking therefrom all the words in the second section of said amending Act occurring therein after the words such true owner in the fifteenth line thereof, and by substituting therefor, the words for the amount of the work done, or material furnished, unless such true owner shows that such has been waived in writing, or produces the sworn statement of the contractors or other person at whose instance the work was done or material furnished, that the agreed price or the reasonable value thereof has been paid; provided, that in no event shall the aggregate amount of liens set up, hereby exceed the contract price of the improvements made, 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 paragraph two of section twenty-eight hundred and one of the Code of Georgia, which relates to the liens of mechanics and material men as amended by an Act of the General Assembly, approved December 18th, 1897, be, and the same is, hereby amended by striking from the second section of said amending Act all the words occurring therein after the words such true owner in the fifteenth line thereof, and inserting in lieu thereof the words for the amount of work done or material furnished, unless such true owner shows that such lien has been waived in writing, or produces the sworn statement of the contractor or other person at whose instance the work was done, or material furnished, that the agreed price or the reasonable value thereof has been paid; provided, that in no event shall the aggregate amount of liens set up hereby exceed the contract price of the improvements made, so that said paragraph of said section, when amended, shall read as follows: Liens for improvement of real estate. When work done, or material furnished for the improvement of real estate is done or may be furnished upon the employment of a contractor, or some other person than the owner, then, and in that case, the lien given by this section, shall attach upon the real estate

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improved as against such true owner, for the amount of the work done, or material furnished, unless such true owner shows that such lien has been waived in writing, or produces the sworn statement of the contractor, or other person, at whose instance the work was done or material was furnished, that the agreed price or reasonable value thereof has been paid; provided, that in no event shall the aggregate amount of liens set up hereby exceed the contract price of the improvements made. 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 19, 1899. DEEDS BY ADMINISTRATORS OR EXECUTORS. No. 185. An Act to amend section 3441 of the Code of 1895, which provides for notice and trial in receiving and making titles on bonds for title by administrators and executors, by striking out of said section after the word executor in the second line thereof, the words, and heirs at law of the deceased, if to be found in this State, and if not residents, by publication in one of the gazettes of this State for thirty days, shall be given of such application, and inserting in lieu thereof, the words, And notice shall be given to the heirs at law of the deceased, by publication in the gazette publishing the legal advertisements of the county, once a week for four weeks, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That on and after the passage of this Act, section 3441 of the Code of 1895 be, and the same is, hereby amended by striking out of said section after the word executor in the second line thereof, the words, And heirs at law of the deceased, if to be found in this State, and if not residents, by publication in one of the gazettes of this State for thirty days, shall be given of such application, and inserting in lieu thereof, the words, And notice shall be given to the heirs at law of said deceased, by publication in the gazette publishing the legal advertisements of the county once a week for four

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weeks, so that said section 3441, when so amended, shall read as follows: Deeds by admrs. and exrs. on bonds for title. Notice and trial.Fifteen days' notice in writing to the administrator or executor, and notice shall be given to the heirs at law of said deceased by publication in the gazette publishing the legal advertisements of the county once a week for four weeks. If no objection is filed, and the ordinary is satisfied of the truth of the allegations in the petition, the order shall be granted. When objections in writing are filed in the office of said ordinary, it shall be the duty of the ordinary to hear evidence as to the fact, whether the conditions of said bond have been complied with, by the payment of the purchase money or not, and to grant an order requiring said titles to be made or not, as he may think the principles of justice may require; and either party being dissatisfied with the decision, may appeal to the superior court upon the same terms as appeals are granted in other cases. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved November 11, 1899. JUSTICES OF PEACE, COMPENSATION FOR LIST OF TAXPAYERS. No. 280. An Act to amend sub-section 11 of section 4082 of volume 2 of the Code of 1895, by providing compensation for justices of the peace for services therein mentioned, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia. That sub-section 11 of section 4082 of volume 2 of the Code of 1895 be, and the same is, hereby amended by adding the following thereto: And they shall receive as compensation for such services three cents for each name returned, to be paid out of the county funds; so that sub-section when amended will read as follows: To make a list of names of all persons liable to tax on property or poll in their respective districts and return the same to the receiver of tax returns at his second round to receive tax returns in their respective districts in each year, and they shall receive as compensation for such service three cents for each name returned, to be paid out of the county funds. Compensation of justices of peace for making lists of taxpayers.

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Sec. 2. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved December 19, 1899. EXECUTIONS FROM COUNTY COURTS, FORM OF. No. 239. An Act to amend section 4205 of volume 2 of the Code of Georgia so as to change the form of executions issued from the county courts of Georgia, and prescribe the manner in which they shall be directed, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That section 4205 of volume 2 of the Code of Georgia, which provides that executions issued from the county courts of said State shall be in the usual form issued by justices of the peace, be, and it is, hereby amended, by striking out the words justice of the peace, at the end of said section, and inserting in lieu thereof the words clerks of the superior courts, and adding after said word courts the words and shall be directed to all and singular the sheriffs of this State and their lawful deputies and county court bailiffs, so that said section as amended shall read as follows: So soon as judgment is entered, said county judge is compelled to issue an execution upon such judgment, unless an appeal is taken, or a certiorari sued out, as herein provided; which execution shall be in the usual form issued by clerks of the superior courts, and shall be directed to all and singular the sheriffs of this State and their lawful deputies and county court bailiffs. Executions from county courts, form of. Sec. 2. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 8, 1899.

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ATTACHMENT BONDS, SUFFICIENCY OF, HOW CONTESTED. No. 184. An Act to amend section 4517 of the Civil Code of Georgia of 1895, so as to authorize the court to which an attachment has been returned by the levying officer, to hear evidence and pass upon the sufficiency of the bond. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That section 4517 of the Civil Code of the State of Georgia, 1895, be amended by adding thereto the following proviso: provided, however, that in all cases where the levying officer has returned the attachment into the court where the same is returnable, the affidavit here-inbefore referred to shall be, by the levying officer returned into said court, and the judge of said court, or the justice of peace, if in a justice court, shall, without delay, hear testimony as to the sufficiency of said bond, and may, in his discretion, require additional security or a new bond, to be given within such time as he may prescribe, and in default of such additional security or new bond, the levying officer, or the sheriff, or other officer of the court where said attachment has been returned, and who may have taken charge of said levy made under said attachment shall dismiss said levy and return the property to the party entitled thereto, so that said section when amended shall read as follows: Section 4517 (3271). Sufficiency of Bond, How Contested. When any attachment shall be issued and levied upon the property of the defendant, the defendant, his agent or attorney, may file his affidavit, that he has a good defense to the action, and that the bond given in such attachment is not a good bond, and the ground of its insufficiency; and when such affidavit is made and delivered to such levying officer, such officer shall return such attachment, together with the affidavit, forthwith to the officer issuing same, and the officer issuing the attachment shall without delay hear testimony as to the sufficiency of said bond, and may in his discretion require additional security or a new bond to be given within the time prescribed by the officer, and in default hereof the levying officer shall dismiss the levy made under such attachment; provided, however, that in all cases where an attachment shall be issued for an amount greater than one-half the amount of the penal sum named in the bond, and

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shall be levied on the property of the defendant, the defendant by himself, his agent or attorney may file his affidavit that he has good defense to the action, and the bond given in such attachment is not sufficient in amount, or is not a good bond, and the ground of its insufficiency, and when such affidavit is made and delivered to the levying officer, he shall return such attachment, together with the affidavit, to the judge of the superior court of the county in which attachment issued, who shall, as soon as practicable, and on such notice to the plaintiff, his agent or attorney as he may prescribe, hear testimony as to the amount of the sufficiency of the bond, and in his discretion may require additional security or a new bond to be given within the time prescribed by him, and in default thereof the levying officer shall dismiss the levy made under such attachment; provided, however, that in all cases where the levying officer has returned the affidavit into the court where the same is returnable, the affidavit hereinbefore referred to shall be, by the levying officer, returned into said court, and the judge of said court, or the justice of the peace, if in a justice court, shall, without delay, hear testimony as to the sufficiency of said bond, and may, in his discretion, require additional security or a new bond, to be given within such time as he may prescribe, and in default of such additional security or new bond, the levying officer, or the sheriff, or other officer of the court where said attachment has been returned, and who may have taken charge of said levy under said attachment, shall dismiss said levy, and return the property of the party entitled thereto. Attachment bonds, sufficiency of, how contested. Sec. 2. Be it further enacted, That any and all laws or parts of laws in conflict with this act, be, and the same are, hereby repealed. Approved November 11, 1899. CERTIORARI, NEW TRIALS IN CASES OF. No. 285. An Act to amend section 4653 of the Civil Code of Georgia of 1895, which relates to proceedings in certiorari cases by adding after the words justice's court, in the third line, the words, or ordinary's court or any other court where by law the writ of certiorari is permissible, and by adding after the word justice's

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in the fourth line, the words or ordinary, or other presiding officer, and by striking out the word presiding, in the sixth line, and by adding after the word judge, in the sixth line, the words who granted the writ of certiorari, and by adding after the word forthwith, in the sixth line, the words whether in term time or vacation. 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, section 4653 of the Civil Code be, and the same is, hereby amended by adding after the words justice's court, in the third line, the words or ordinary's court, or any other court where by law the writ of certiorari is permissible, and by adding after the word justice's, in the fourth line, the words or ordinary or other presiding officer, and by striking out the word presiding, in the sixth line, and by adding after the word judge, in the sixth line, the words who granted the writ of certiorari, and by adding after the word forthwith, in the sixth line, the words whether in term time or vacation, so that said section, when so amended, shall read as follows: Section 1. In all cases now pending, or which may be hereafter pending in the superior courts of this State upon certiorari from any justice's court or ordinary's court and the justice or justices or ordinary before whom the case was tried may have died before answering the writ of certiorari served, then it shall be the duty of the judge who granted the writ of certiorari, forthwith, whether in term time or vacation, to order a new trial to be had upon the case in the court below. Certiorari, new trials in cases of. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved December 19, 1899. APPLICATIONS TO ENJOIN CUTTING TIMBER. No. 356. An Act to amend section 4927 of the Code of 1895, Vol. 2, by inserting after the word situated, in the seventh line of said section, the words or who has perfect title to the timber growing upon any lands.

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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, section 4927 of the Code of 1895, Vol. 2, be amended by inserting after the word situated, in the seventh line of said section, the words, or who has perfect title to the timber upon any lands, so that said section, when so amended, shall read as follows: Section 4927. In application to enjoin cutting timber. In all applications to enjoin the cutting of timber for saw-mill purposes, and railroad ties, and bridge timbers for railroad purposes, or to enjoin the cutting of timber or boxing, or otherwise working the same for turpentine purposes, it shall not be necessary to aver or prove insolvency, or that the damages will be irreparable; provided, the petitioner has perfect title to the land upon which the timber is situated, or who has perfect title to the timber upon any lands, and shall attach an abstract of his title, stating name of grantor and grantee, date, consideration and description of property, names of witnesses, when and where recorded, to his petition, and produce the original titles before the judge; and provided, that the judge granting said temporary restraining order shall require the petitioner to give such bond as in his discretion he may deem proper, to be approved by the clerk of the superior court, to answer the damages, if any, which may be sustained by the defendant, by reason of the granting of said injunction, and if, in the final hearing of the cause, damages against the petitioner are proven, judgment shall be entered against the sureties on said bond as in appeal cases. Applications to enjoin cutting timber. 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. Approved December 20, 1899. LEGAL ADVERTISEMENTS, RATES FOR AND PUBLICATION OF. No. 183. An Act to amend section 5462 of the Code of 1895, and for other purposes. Section I. Be it enacted by the General Assembly, That section 5462 of the Code of 1895 be amended by inserting the word a in lieu of the word the, where said word follows the word in

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and precedes the word newspaper, in the third line of said section; and also by inserting the words at the county site of said county, after the word county and before the word then, in the third line of said section, so said section, when so amended, shall read as follows: If the ordinary, sheriff, or other officer is unable to procure the advertisements at the rate herein prescribed, in a newspaper published in the county at the county site of said county, then he is authorized to have said advertisements published in any newspaper in this State having the largest general circulation in the county; provided, said rates are agreed upon; provided further, if contracts cannot be made with newspapers at the rates aforesaid, then the sheriff and ordinary, or other advertising officers, shall post their advertisements in the court-house and in a public place in each militia district in the county for the length of time required by law for advertising in newspapers; provided, there is no newspaper published at the county site, then any paper published in the county shall be next entitled to the public advertisements. Legal advertisements, rates for, and publication of. Sec. II. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 8, 1899. VOLUNTARY MANSLAUGHTER-COOLING TIME. No. 288. An Act to amend section 65 of volume 3 of the Code of 1895, which defines voluntary manslaughter, so as to make the jury the judges of the sufficiency of the time for the voice of reason and humanity to be heard, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the above recited section be, and the same is, hereby amended by inserting between the words [Illegible Text] and sufficient, in the twelfth line of said section, the following words: of which the jury in all cases shall be the judges; so that when amended said section shall read as follows: In all cases of voluntary manslaughter, there must be some actual assault upon the person killing, or an attempt by the person killed to commit

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a serious personal injury on the person killing, or other equivalent circumstances to justify the excitement of passion, and to exclude all idea of deliberation, or malice, either expressed or implied. Provocation by words, threats, menaces or contemptuous gestures, shall in no case be sufficient to free the person killing from the guilt and crime of murder. The killing must be the result of that sudden, violent impulse of passion supposed to be irresistible; for if there should have been an interval between the assault or provocation given and the homicide, of which the jury in all cases shall be the judges, sufficient for the voice of reason and humanity to be heard, the killing shall be attributed to deliberate revenge, and be punished as murder. Voluntary manslaughter, cooling time, jury judges. Sec. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 19, 1899. SEDUCTION, TESTIMONY OF WIFE. No. 372. An Act to amend section 388 of the Code of Georgia of 1895, so as to make the wife a competent witness to testify against the husband, in cases where there is an indictment for seduction, and marriage for the purpose of suspending the prosecution. Section I. Be it enacted by the General Assembly, That section 388 of the third volume of the Code of 1895 be, and the same is, hereby amended, by adding after the last line of said section the following, to wit: In case the defendant fails to comply with the provision of this section, the wife shall be a competent witness to testify against the husband, so that said section, when amended, shall read as follows: The prosecution under the preceding section may be stopped at any time by the marriage of the parties, or a bona fide and continuing offer to marry, on the part of the seducer; provided, that the seducer shall at the time of obtaining the marriage license from the ordinary of the county of the female's residence, give a good and sufficient bond in such sum as said ordinary may deem reasonable and just, taking into consideration the condition of the parties, payable to said ordinary and his successors in

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office, and conditioned for the maintenance and support of the female and her child or children, if any, for the period of five years. If the defendant is unable to give the bond, the prosecution shall not be at an end until he shall live with the female in good faith for five years. In case the defendant fails to comply with the provision of this section, the wife shall be a competent witness to testify against the husband; provided, that this amendment shall not apply to cases now pending. Seduction when wife may testify in cases of. Sec. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899. SEDUCTION, PROSECUTION FOR, HOW STOPPED. No. 388. An Act amending section 388 of volume 3 of the Code of Georgia of 1895, which relates to the stopping of prosecutions for seduction, by marriage of the parties, or a bona fide and continuing offer of marriage on the part of the seducer, and to prescribe how the same shall be done. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, section 388 of volume 3 of the Code of Georgia of 1895 be, and the same is, hereby amended as follows: By inserting after the word time, in the second line of said section, the following words: Before arraignment and pleading, and not otherwise; so that when said section, when so amended, shall read as follows: A prosecution under the preceding section may be stopped at any time before arraignment and pleading, and not otherwise, by the marriage of the parties, or a bona fide and continuing offer of marriage on part of the seducer; provided, that the seducer shall at the time of obtaining the marriage license from the ordinary of the county of the female's residence, give a good and sufficient bond in such sum as said ordinary may deem reasonable and just, taking into consideration the conditions of the parties, payable to said ordinary and his successors in office and conditioned for the maintenance and support of the

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female and her child or children, if any, for the period of five years. If the defendant is unable to give the bond, the prosecution shall not be at an end until he shall have lived with the female in good faith for five years. Seduction prosecution for, how stopped. Sec. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899. REVISION OF JURY LISTS. No. 355. An Act to amend section 815 of volume 3 of the Code of Georgia of 1895, so as to provide for triennial revisions of jury lists, 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 above recited section be, and the same is hereby amended by inserting next after the word biennially in the first line thereof, the words or if the judge of the superior court shall direct, triennially, so that when amended, said section shall read as follows: Biennially, or if the judge of the superior court shall direct, triennially, on the first Monday in August, or within thirty days thereafter, they shall revise the jury lists, as provided in this article, except that in those counties within whose limits there is an incorporated town of ten thousand or more inhabitants, the revision shall be made annually; excepting that the judge in such cases may also order a revision of the jury list biennially or triennially, in his discretion. In determining the number of inhabitants of any town, the last preceding census of the United States shall be taken as an evidence of the number of inhabitants. Revision of jury lists. 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 20, 1899.

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INSURANCE, REGULATING BUSINESS OF. No. 349. An Act to amend the laws of this State, regulating the business of insurance, to modify the provisions of sections 2035, 2045 and 2048 of the Code of this State, so as to reduce the amount of bonds required to be deposited by fire, marine and inland insurance companies, chartered by other States or foreign governments; to require the restitution to the depositor of certain bonds heretofore deposited under existing laws, to empower the insurance commissioner, under certain circumstances, to suspend, revoke and restore the license of any such company, and generally to amend the insurance laws of said State as to more fully protect the interests of the citizens and property owners thereof, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the laws regulating the business of insurance in this State be amended in the following particulars, to wit: That section two thousand and thirty-five of the Code of this State be, and is, hereby amended, by striking therefrom the word twenty occurring in the sixth line of said section, and by adding at the conclusion of said section, the words following: and it shall be the duty of the Treasurer of this State, upon demand therefor, to deliver to the depositor thereof, or to the person lawfully authorized to receive them, all bonds deposited by it under laws heretofore existing in excess of the sum of ten thousand dollars, so that said section when amended shall read as follows: All fire, marine, and inland insurance companies chartered by other States or foreign governments, 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 ten 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, said bonds shall be delivered up to the proper party on presentation

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of the Treasurer's receipt. While said bonds are so deposited, the owners of the same shall, subject to the notices hereinafter 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, and it shall be the duty of the Treasurer of this State, upon demand therefor, to deliver to the depositors thereof, or to the person lawfully authorized to receive the same, all bonds deposited by it or him, under laws heretofore existing in excess of the sum of ten thousand dollars. Deposits by insurance companies. Section II. Be it further enacted, That section two thousand and forty-five of the Code be, and the same is, hereby amended, by striking therefrom all the words following the words twenty per cent. occurring in the fourteenth line of said section, and by substituting for the words so stricken the words following, to wit: the Insurance Commissioner shall suspend the license issued to said company and require the company to cease to do new business within this State, and give notice to said company to make good its whole capital stock within ninety (90) days; and if this is not done he shall revoke the license of such company and debar the same from doing business in this State. License of insurance companies. Section III. Be it further enacted, That section two thousand and forty-eight of the Code be, and the same is, hereby amended, by striking therefrom all the words thereof, following the word business occurring in the fifth line thereof, and by the substitution for the words so stricken, the words following, to wit: as contemplated by the laws of this State, he shall revoke the license of such company and require said company to cease to do business in this State, giving public notice of such revocation of authority. Any insurance company which has been suspended or which has had its license revoked may be reinstated upon showing that its condition is such as to authorize it to do business in this State, and the Insurance Commissioner may reinstate such company whenever it makes such showing. Revocation of license. Section IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899.

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YEAR'S SUPPORT AND LANDLORD'S LIEN FOR RENT AND SUPPLIES. No. 391. An Act to regulate the law of year's support as provided in section 3465, Volume II of the Code, so as to make the same inferior to the special lien of landlords on the crops made on lands rented from them, for rent and supplies furnished the year such things are done or furnished, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, That whenever the head of the family shall die owing his landlord for rent or for supplies for which the landlord has a special lien on the crops made on the lands rented from them the year such things are done or furnished, neither the widow, or widow and minor children, or minor child or children only, of said deceased head of family, shall be entitled to a year's support in the crops so planted or grown said year as against his said landlord until the rent and supplies so furnished by and owing to him are fully paid; provided, however, that this Act shall not be construed to affect rights already accrued at the time of its passage; provided, however, that the widow shall be entitled to a year's support in such part of the crop as may remain, after the landlord's lien for rent and supplies have been paid. Landlord's lien for rent and supplies superior to year's support. Sec. II. Be it further enacted, That all laws in conflict herewith are repealed. Approved December 20, 1899.

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TITLE V. COURTS. ACTS. Judges of City Courts. Fayette county transferred from Coweta to Flint Circuit. JUDGES OF CITY COURTS. No. 317. An Act to provide for the holding of the several city courts in this State by the various city court judges thereof, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the judges of the various city courts in this State shall be, and are, hereby authorized and empowered to preside in any of the city courts now established or hereafter established by the General Assembly of Georgia, in the same manner as the superior court judges of this State preside in the courts of one another, and any city court judge may exercise all the powers, duties and functions devolved upon the judge of such city court over which he may be called to preside by the judge of any such city court (in such cases where the judge of said city court is disqualified, or is providentially prevented from trying). Judges of city courts may exchange. Sec. II. Bt it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 21, 1899.

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FAYETTE COUNTY TRANSFERRED FROM COWETA TO FLINT CIRCUIT. No. 308. An Act to rearrange the Flint and Coweta circuits by taking from the Coweta circuit the county of Fayette, and adding said county to the Flint circuit, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the first day of January, 1900, the county of Fayette shall become a part of the Flint judicial circuit, and shall cease to be a part of the Coweta judicial circuit; provided, this Act does not affect the office of solicitor-general of the Coweta circuit during his present term of office, and he is still authorized to discharge the duties of said office during said term. Fayette county transferred to Flint circuit. Sec. II. Be it further enacted by the authority aforesaid, That the time of holding the superior court of said county of Fayette shall be the same as that now fixed by law. Sec. III. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899.

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TITLE VI. EDUCATION. ACTS. Technological School. Teachers of public schools, examination of. TECHNOLOGICAL SCHOOL. No. 281. An Act to regulate the meetings of the local Board of Trustees of the State Technological School, provide for the payment of the expenses of the trustees, and for other purposes. Section I. Be it enacted by the General Assembly of this State, and it is hereby enacted by the authority of the same, That it shall be the duty of the local Board of Trustees in charge of the Technological School to meet at least once in every three months in the city of Atlanta, in order to examine into, regulate and direct the affairs of the school, and supervise the finances of the same. Technological School, meetings of trustees. Section II. Be it further enacted by the authority aforesaid, That the report to be made by the chairman of said Local Board to the Governor, shall be filed with the Governor at least ten days before the opening of the session of the General Assembly in each year. Said report shall exhibit the number of teachers and other employees, with their names and salaries, connected with the school, during the current year; a catalogue of the students with the address of each and the tuition and other fees collected from each student; an itemized statement of the receipts and expenditures of the school; a statement showing the disposition of the products of the shop, and such other matters as may be deemed of interest to the State. Reports of.

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Sec. III. That the said Local Board of Trustees shall be entitled to be paid their actual railroad fare for travelling to and from the meetings aforesaid, and also the sum of four dollars per day for each day's service at said meetings. These amounts shall be paid by the Treasurer of the Board out of any funds available for the expenses of the school; said amount not to exceed fifty dollars per annum, to be paid to any member of said Board, in any year. Expenses and per diem of trustees, how paid. Sec. IV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 19, 1899. TEACHERS IN PUBLIC SCHOOLS EXAMINATION OF. No. 351. An Act to require all students or graduates of any school, college or other institution of learning to stand an examination as now prescribed by the general common school laws of this State before the county school commissioner of each county in this State in which they desire to teach, and get a license from the State School Commissioner before being permitted to teach in the common or public schools of such county, and to repeal all laws and parts of laws authorizing and entitling any student or graduate of any school, college or other institution of learning to teach in the common or public schools of this State on the certificate or diploma from any school, college or other institution of learning, or the officers thereof. Section I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act all students or graduates of any school, college or other institution of learning be required to stand an examination as now prescribed by the general common school laws of this State before the county school commissioner of each county in this State in which they desire to teach and get a license from the county school commissioner before being permitted to teach in the common or public schools of such county; provided, that nothing herein contained shall be construed to invalidate

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any license to teach in the schools of this State now held by any person. Teachers in public schools, examination of. Sec. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws authorizing and entitling any student or graduate of any school, college or other institution of learning to teach in the common or public schools of this State on the certificate or diploma from any school, college or other institution of learning or the officers thereof be, and the same are, hereby repealed. Sec. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899.

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TITLE VII. RAILROADS AND INSURANCE COMPANIES. ACTS. Insurance brokers, Act of 1894 repealed. Deposits required of insurance and other companies. Railroad leases to be recorded. INSURANCE BROKERS, ACT OF 1894 REPEALED. No. 186. An Act to repeal certain of the laws of this State regulating the business of insurance in this State, the provisions of which are contained in sections 2072, 2073, 2074, 2075, 2076, 2077, 2078, 2079, 2080, 2081, 2082, 2083 and 2084 of the Code of this State, and for other purposes. Section I. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, That sections 2072 to 2084, inclusive, of the Code of this State, which sections of the Code embody the provisions of an Act approved December 14th, 1894, entitled An Act to provide for and regulate the business of insurance brokers in this State, and authorize insurance to be procured by them, beyond the limits of this State, upon property within this State, be, and the same are, hereby repealed. Insurance brokers, act of 1894 repealed. Sec. II. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved November 15, 1899.

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DEPOSITS REQUIRED OF INSURANCE AND OTHER COMPANIES. No. 320. An Act to authorize and direct the State Treasurer to return to insurance and fidelity and deposit companies and fidelity or surety companies the excess of the deposit held by him over and above the amount now or hereafter required to be deposited with him by said companies. Section I. Be it enacted by the General Assembly of Georgia, That the State Treasurer, upon demand made upon him by said companies, shall return to insurance and fidelity and deposit companies and fidelity and surety companies the excess of the deposits now held by him over and above the deposit now required by law of said companies. Deposits required of insurance and other companies. Sec. II. Be it further enacted, That in case the deposit now required of said companies is lessened by law, that the excess of the sum required by law after such decrease shall, upon demand of said companies, be returned to them by said State Treasurer. Approved December 21, 1899. RAILROAD LEASES TO BE RECORDED. No. 271. An Act to provide that all railroad companies in this State, leasing, or who have already leased their property or line of road to another railroad company, or to a private person or persons, shall have the contract of lease recorded in the clerk's office of the superior court of each county through which said road may run, and that a failure so to do will authorize any person having a right of action against said railroad or the lessee or lessees thereof, including employees, to file and prosecute said action against said railroad company, in all respects as if the same was the proper party defendant, and for other purposes.

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Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, all railroad companies in this State, who have already leased, or who may hereafter lease their property or line of road to another railroad company or to a private person or persons, shall have the contract of lease or other contract of like nature, evidencing the change of control and possession of such property or line of road, recorded in the clerk's office of the superior court in each county through which said line of road may run. Railroad leases to be recorded. Sec. II. Be it further enacted by the authority aforesaid, That any such railroad refusing or failing so to do, will authorize any person having a right of action against said railroad or the lessee or lessees thereof, including any employee of the same, to file and prosecute said action against said railroad company in all respects, as if the same were the proper party defendant, and any plea or other defense attempting to shift liability to such lessee or lessees or denying control or possession of such property or line of road filed either to the suit of a person belonging to the general public or to a suit filed by an employee as aforesaid, shall not avail to protect any such railroad against liability that fails or refuses to record as provided in section 1, of this Act. Liability of railroad leased. Sec. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act, be, and the same are hereby repealed. Approved December 20, 1899.

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TITLE VIII. MISCELLANEOUS. ACTS. Deeds to beneficial interests. Timber, protection of. Limitation of municipal claims. Military forces, reorganization. Registry of gold purchased. White and colored passengers on sleeping-cars separated. Sleeping apartments of convicts. County funds, how expended. Protection of fish. Railway postal clerks exempt from jury duty. Georgia State Board of Embalming. Blind tiger a nuisance. Claims for damages against municipalities. Inspection of illuminating oils. Supersedeas in criminal cases. County commissioners ineligible as jury commissioners. Mortgages on crops, lien of. Affidavits made out of this State, how attested. Counterfeiting cards, letters or receipts. Arson in city or on farm. Private hospitals and sanitariums. Bill of sale to personalty to secure debt. Republication of Georgia decisions and reports. Bonded public warehousemen. Freight trains on Sunday. Roads and bridges, inspectors of. Liens, how transferred. Pensions of lunatics. National Park, land for ceded. Jurisdiction over land for public building ceded. Jurisdiction over land for U. S. prison ceded. Protection of turkeys, quails, doves and deer. Protection of oysters and fish. Protection of cattle against infectious diseases. Exportation of partridges and quails. Confederate soldiers, as physicians, not taxed. Confederate soldiers, as proprietors of parks and race tracks, not taxed.

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DEEDS TO BENEFICIAL INTERESTS. No. 397. An Act to provide the manner by which the owners of property may create by deed an estate therein, and the improvements placed thereon, for the benefit of themselves, and such other persons as may contribute to the development or improvement of same. To prescribe the interest of the beneficiaries therein and the method of transferring such interest; to define the powers of the trustees of such property and limit their liability and that of the beneficiaries; to provide for the removal of the trustees and the appointment of their successors, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That the owners of property located in this State may create by deed an estate therein and in the improvements made thereon, for the benefit of themselves and such other persons (whether sui generis or not) who may contribute to the improvement or development of said property, and their assigns or transferees, provided the deed creating such estate shall provide for the improvement or development of the property covered thereby and the trustee or trustees therein named and their successors shall have some active duty to perform in and about the trust property or the management or control of the same; and provided further, that the deed creating such estate shall be recorded within thirty days from the date of its execution in the record of deeds in the office of the clerk of the superior court of the county wherein said property is located. When such an estate is so created, the legal title to the said property and all the property added thereto, or substituted therefor, shall vest and remain in the trustee or trustees named, his or their successors, in accordance with the terms of said deed, with all the powers conferred thereby upon the trustee, and shall not during the continuance of the said estate pass to or vest in the beneficiaries or cestuis que trust, but at the end of twenty-five years from the date of the deed creating such estate the title of such of said property as may then belong to said estate shall vest in the beneficiaries, and if said deed creating such estate so provides, a renewal of said estate may be made at the end of said twenty-five years upon the

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terms and conditions and in the manner therein set forth for a like period. Deeds to interests in property for its improvement or development. Sec. II. Be it further enacted by the authority aforesaid, That when an estate is so created, and from time to time thereafter, the trustee or trustees shall issue such certificates of beneficial interest as may be provided by said deed to the persons beneficially interested in such estate, or becoming so interested therein in accordance with the provisions of said deed, which certificates shall pass and be transferred as personalty and in the same manner as shares of stock in corporations, and the same shall be subject to levy and sale under attachment or execution or any other process in like manner as shares of stock. And the trustee or person in charge of the estate representing the trustee of said estate shall be subject to the same demand as that provided by section 5430 of the Code for the levying officer to make upon the officers of a corporation. And persons having claims against said estate created as aforesaid may enforce same by suit against the trustee or trustees thereof in like manner as suits against corporations, and service thereof may be perfected by serving the trustee or trustees, if residents of this State, and if not, then by publication, and the venue of such suits shall be the same as that of similar suits against private corporations, but neither the trustees nor the beneficiaries of such estate shall be personally or individually liable therefor except in cases where officers and stockholders of private corporations are now liable under the law. Certificates of interests by trustees Sec. III. Be it further enacted by the authority aforesaid, That the trustee or trustees shall have sole and exclusive management and control of the said property in accordance with the terms and provisions of the deed creating such estate, and the exercise by the trustee or trustees of any power granted or conferred by the said deed, including the power to lease, encumber and sell, when exercised in accordance with the terms and provisions thereof, shall be as valid and effective to all intents and purposes as if said trustee or trustees were the sole and exclusive owners of the said property in his or their own right. The said trustee or trustees may resign or be removed, and their successors appointed in the manner and in accordance with the terms fixed by the deed creating such estate, and the same rights, powers and title over and to the said property shall belong to and be vested in the new trustee or trustees as are conferred upon the original trustee or trustees by the said deed creating the said estate, and the death of a trustee shall not operate

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to cast title upon his heirs, devisees, executors or administrators, but the same shall vest in his successor when appointed. Duties and powers of trustees. Sec. IV. Be it further enacted by the authority aforesaid, That upon the termination of the estate created as herein provided the legal title to all the property belonging to said estate then undisposed of shall pass to and vest in the persons as shall then be the beneficiaries of said estate, in shares corresponding with their respective interest as beneficiaries. Termination of trust estate. Sec. V. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 20, 1899. TIMBER, PROTECTION OF No. 352. An Act to protect timbers on the uninclosed lands of this State; to provide a penalty for a violation of the same, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act it shall be unlawful for any person or persons, or any company, firm or corporation to enter, or cut or remove from any uninclosed lands in this state, any timber or tan bark on such lands, unless such person or persons, firm, company or corporation shall before so doing have on record in the county where such land lies, a deed of conveyance to the same, prima-facie showing title to such lands, or shall have a written contract, from some person or persons, company or corporation, who have on record in the county where such land lies, deeds of conveyance, prima-facie showing title in the person or persons, company or corporation entering into said contract. Cutting or removing timber or tan bark from uninclosed lands. Sec. II. Be it further enacted by authority aforesaid, That any person or persons, company, firm or corporation violating the provisions of this Act shall be punished as provided in section 1039 of the Criminal Code of this State. Penalty Sec. III. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899.

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STATUTES OF LIMITATIONS AS TO MUNICIPAL CLAIMS. No. 354. An Act to apply the Statutes of Limitation in certain cases, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act any claim or demand held by any municipality not being in the shape of a special contract, or which has not been reduced to execution, shall be barred by the Statutes of Limitation as provided by the general Statutes of Limitation of force in this State, and all executions issued by any municipality shall be subject to the same laws as to the Statutes of Limitation now governing other executions. Limitation of municipal claims. Sec. II. Be it enacted, That all laws or parts of laws in conflict herewith are hereby repealed. Approved December 20, 1899. MILITARY FORCES, REORGANIZATION. No. 377. An Act to provide for the reorganization, discipline, enlistment and protection of the military forces of this State, and for other purposes connected therewith. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the military forces of this State shall be the active militia of this State, of which the white forces shall be known and designated as the Georgia State Troops, and the colored forces as the Georgia State Troops, Colored. Militia Sec. II. Be it enacted by the authority aforesaid, That in time of peace the aforesaid military forces shall consist of not exceeding sixty companies of infantry, white, and seven companies of infantry, colored; twelve troops of cavalry, white; two batteries of artillery, white, one battery of artillery, colored; a band of music to each regiment of infantry and cavalry, and the Medical Department and hospital ambulance corps, the Governor's staff and

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naval militia, as now authorized; said military forces fully armed and equipped, to be allotted and apportioned in such locality of the State as the interest of the service, in the discretion of the Governor, may require. The Governor shall have power, in case of war, invasion, insurrection, riot or imminent danger thereof, to increase said forces and shall organize same as the exigencies of the occasion may demand. Military forces, organization of. Sec. III. Be it enacted by the authority aforesaid, That the aforesaid military forces shall be organized and arranged, by the Governor, into such regiments, unassigned battalions, unassigned companies, separate departments and corps, with power to make such alterations in the organization and arrangement thereof from time to time, as he may deem necessary; provided, that unassigned battalions and companies of infantry and cavalry, white, now existing or as may hereafter be organized, shall be assigned to regiments whenever it is possible, in the judgment of the Governor, so to do; provided further, that in time of peace the number of regments of infantry, white, shall not exceed five, and the number of regiments of cavalry, white, shall not exceed one; provided further, that in such organization and arrangement the companies composing any regiment shall be selected from the same geographical section of the State, to the end that the territory in which each regiment is located shall be distinct and separate; provided further, that for the purpose of this Act, as hereinbefore set forth, the Governor shall be authorized to transfer, if necessary, companies to and from regiments and battalions as they are now organized; provided further, that the infantry, colored, shall be organized into one battalion. Governor's authority. Sec. IV. Be it enacted by the authority aforesaid, That regiments of infantry and cavalry shall consist of three battalions and a band, and to each regiment of infantry and cavalry there shall be one colonel, one lieutenant-colonel, not exceeding three majors, in the discretion of the Governor, one adjutant, one quartermaster, one commissary, one inspector of rifle practice, one chaplain, each with the rank of captain; one sergeant-major, one quartermaster-sergeant, one commissary sergeant and one color-sergeant. Regiments, officers of. Sec. V. Be it enacted by the authority aforesaid, That battalions of infantry and cavalry, white, shall consist of not less than three, or more than four companies, and to each battalion there shall be one major, one adjutant, with rank of first lieutenant, and one sergeant major; provided, that the battalion of infantry, colored, shall consist of not less than three or more than seven

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companies, and there shall be one major, one chaplain, one adjutant, one quartermaster, one commissary, one surgeon, one inspector of rifle practice, each with the rank of first lieutenant, one sergeant-major, one quartermaster-sergeant, one commissary-sergeant, one hospital steward, and one color-sergeant. Battalions, officers of. Sec. VI. Be it enacted by the authority aforesaid, That to every company of infantry and cavalry there shall be one captain, one first lieutenant, one second lieutenant, one first-sergeant, one quartermaster-sergeant, four sergeants, not less than four or more than eight corporals, in the discretion of the Governor, and not less than thirty or more than one hundred privates; that to every battery of artillery there shall be one captain, two first lieutenants, one second lieutenant, one first sergeant, one quartermaster-sergeant, four sergeants, not less than four or more than eight corporals, in the discretion of the Governor, and not less than thirty or more than one hundred privates; to each regimental band of music there shall be one chief musician, two sergeants, two corporals, and not less than twelve or more than fifty privates; that to every company there shall be one clerk, who shall be detailed for that duty from the company. Companies, officers of. Batteries, officers of. Bands, officers of. Sec. VII. Be it enacted by the authority aforesaid, That for the purposes of this Act the company or companies shall apply to and include infantry, cavalry, artillery and naval militia, except where herein specified, and the term unassigned battalion shall apply to battalions not attached to regiments, and the term unassigned company, to companies not attached to regiments or battalions. Sec. VIII. Be it enacted by the authority aforesaid, That within sixty days from the passage of this Act all commissioned officers, not herein provided for, shall be honorably mustered out of the service of the State. Commissioned officers. Sec. IX. Be it enacted by the authority aforesaid, That nothing in this Act shall be construed to deleat or impair the existing charters and privileges of regiments, battalions or companies, now organized, as to their property rights. Chartered organizations. Sec. X. Be it enacted by the authority aforesaid, That regiments, battalions and companies already organized, may retain any special name or designation they have adopted or may have by charter, and any company hereafter organized may adopt any special name or designation it may select, but every company must be designated in the regiment or battalion to which it is assigned,

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by a letter of the alphabet in the manner now in use in the United State Army. Names of organizations. Sec. XI. Be it enacted by the authority aforesaid, That when an officer, either on the active or retired list, of the military forces is elected or appointed to another office, or enlists in the military forces, and accepts same, such acceptance shall vacate the office and commission previously held. One office. Sec. XII. Be it enacted by the authority aforesaid, That each member of the military forces of this State shall enlist for the term of two years, or in default thereof the name of such persons shall be dropped from the rolls of the organization to which they belong. Term of enlistment. Sec. XIII. Be it further enacted by the authority aforesaid, That all commissioned officers of the Georgia State Troops who shall have been at date of retirement in commission for the period of ten years, or who shall have served in the ranks and in commission for the period of fifteen years, may, upon application and approval of the Governor, be honorably retired from the service and their names inscribed upon a roll to be established and maintained in the office of the Adjutant-General and known as the Roll of Retired Officers, and such retired officers shall have the rights, privileges, immunities and exemptions now or hereafter enjoyed by the military forces of this State, and shall be entitled to wear, upon any occasion, the uniform of the highest rank they may have held; provided, that the time of service of any officer who served in the Confederate Army, or in the United States Army, during the Spanish-American war with the volunteers from this State, shall be counted double if necessary, to make the ten or fifteen years service required; and the service required herein need not be continuous. Retired officers, roll of, privileges. Sec. XIV. Be it further enacted by the authority aforesaid, That whenever, in the opinion of the Governor, such occasion is necessary, he is hereby authorized to appoint a board of three officers and a recorder, to be known as a Retiring Board, to pass upon the fitness of any officer for continuance in commission for any cause whatsoever. Should this board find that an officer should not be continued in commission and the Governor so approves, said officer may be wholly retired from the service of the State and his commission cancelled, or should he have service sufficient to entitle him to be placed upon the roll of retired officers, and the retiring board should so recommend, he shall, with the approval of the Governor, be placed upon said Roll of Retired Officers and his office declared vacant. Retiring Board.

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Sec. XV. Be it further enacted by the authority aforesaid, That any person, not being duly commissioned by the Governor of this State, who wears the uniform or insignia of rank of any officer in the military forces of this State, or any uniform which is similar in appearance, style or make-up to the uniform of said State, or in any manner impersonates any officer, shall be guilty of a misdemeanor; provided, that this section shall not apply to regularly authorized troops of the United States Army and of other States. Wearing uniform without commission, officers, authority of. Sec. XVI. Be it further enacted by the authority aforesaid, That any officer of the military forces of this State is authorized to administer oaths and to witness any military papers over his official signature, for which no charge shall be made. Sec. XVII. Be it further enacted by the authority aforesaid, That the commanding officer of any company, in the discretion of the Governor, shall be authorized to hold one company drill per month, and to enforce the attendance thereat of any officer or enlisted man of his command. Drills. Sec. XVIII. Be it further enacted by the authority aforesaid, That any regiment, battalion or company may provide a roll to be known as the Veteran Roll, and any enlisted man of the command who shall have served ten years in the State service, shall be entitled to be honorably retired from active service, and to have his name placed upon said roll, and shall be entitled to wear the uniform and parade with such organization upon any occasion of ceremony; provided, that such service need not be continuous. Veteran roll. Sec. XIX. Be it further enacted by the authority aforesaid, That the commanding officer of any rank shall have authority to prevent the sale or giving away of any spirituous, vinous or malt liquors within said camp or a quarter of a mile thereof; provided, that said camp shall not be nearer than one mile to any incorporated town or city. Sale of liquor in camp. Sec. XX. Be it further enacted by the authority aforesaid, That general courtmartials shall have authority to punish in their discretion, any violation of the military laws or regulations by a person in the military service of said State, to the extent of a misdemeanor subject to the approval of the Governor. Courtmartials. Sec. XXI. Be it further enacted by the authority aforesaid, That any officer or enlisted man injured while in active service of the State, shall be entitled to such pension as the General Assembly may provide. Pensions.

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Sec. XXII. Be it further enacted by authority aforesaid, That every officer, non-commissioned officer, musician, or private of said volunteer forces shall be exempt from road duty and street tax during the time of his service as such in the said volunteer forces, and each company of said volunteer forces shall have the privilege of bearing upon its rolls a class of special pay members, not exceeding thirty in number, to be called Special Pay Members, who, upon paying a sum of money, as prescribed by said company, not less than twenty-five dollars per annum each to said company, shall be exempt from jury and road duty, and street tax, so long as such membership is continued. Certificates of membership shall be prepared and shall be signed by the commanders of said companies, and delivered to all of the pay members of said company, and when produced in any court of this State shall be evidence of the right of the holder thereof to exemptions herein granted. Exempt from road duty and street tax. Exemptions from jury duty. Sec. XXIII. Be it further enacted by authority aforesaid, That to each regiment of infantry and cavalry, of Georgia State troops, there shall be one surgeon, with the rank of captain, and not less than one, or more than two assistant surgeons, with the rank of first lieutenant, in the discretion of the Governor, and to each battery of artillery there shall be an assistant surgeon, with the rank of first lieutenant, all to be appointed and commissioned as now provided by law, and to hold office for the same period as other officers. Surgeons. Sec. XXIV. Be it further enacted by authority aforesaid, That upon any occasion, whatsoever, when the Georgia State troops, and the Georgia State troops, colored, shall join together for duty, the senior officer of the Georgia State troops then present shall command the whole. Senior officer of white troops commands. Sec. XXV. Be it further enacted by authority aforesaid, That sections 1147, 1158, 1191, 1229, 1230, 1231, 1232, 1233, 1235, 1236, 1237, 1238, 1239, Vol. I., Code 1895, be, and the same are hereby repealed. Sec. XXVI. Be it further enacted by authority aforesaid, That all laws, general or special, or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899.

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PURCHASERS OF GOLD, DUTY OF. No. 348. An Act to require purchasers of native gold, gold bullion, gold dust, gold nuggets, or gold amalgam, to keep a record or register of such purchase, and to make returns of the same. Whereas, There are large amounts of gold produced and sold in Georgia, of which no record is kept, and for which the State gets no credit in the statistics of gold production to the injury of the mining interest of the State. Preamble. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, that every person purchasing within this State, native gold, gold bullion, gold dust, gold nuggets or gold amalgam shall keep a register in a book of the date of purchase, amount purchased, name of seller of the lands from which it was obtained; and every such purchaser shall file on or by the first day of January, April, July and October of each year, with the ordinary of the county of his residence, a copy of the register kept as aforesaid for the previous quarter; and that each ordinary with whom such report has been filed, shall make an annual report of the same, by certified copy, on or by the fifteenth of January of each year, to the State Geologist, who shall keep a record thereof, open for public inspection. Registry of gold purchased. Sec. II. Any person who purchases gold within this State without complying with this provision of the Acts shall be guilty of a misdemeanor. Sec. III. Be it further enacted, That all laws or parts of laws in conflict herewith are hereby repealed. Approved December 20, 1899. SLEEPING-CAR COMPANIES TO SEPARATE WHITE AND COLORED PASSENGERS. No. 369. An Act to require sleeping-car companies and railroad companies operating sleeping-cars in this State to separate white and

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colored passengers; to extend the police powers of conductors of the trains to which sleeping-cars are attached; to prescribe certain penalties, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act sleeping-car companies and railroad companies operating sleeping-cars in this State shall have the right to assign all passengers to seats and berths under their charge, and shall separate the white and colored races in making said assignments, and the conductor and other employees on the train of cars to which said sleeping-car or cars may be attached, shall not permit white and colored passengers to occupy the same compartment. And any passenger remaining in any compartment other than to which he may be assigned shall be guilty of and punished as for a misdemeanor; provided, that nothing in this Act shall be construed to compel sleeping-car companies or railroads operating sleeping-cars to carry persons of color in sleeping or parlor-cars; provided, that this Act shall not apply to colored nurses or servants traveling with their employers. White and colored passengers on sleeping-cars separated. Sec. II. Be it further enacted by the General Assembly, That any conductor or other employee of any sleeping-car, as well as any conductor or other employee of the train to which any sleeping-car may be attached, are hereby empowered with full police power to enforce the preceding section, and any conductor or other employee of any sleeping-car, or of any train carrying sleeping-cars, who fails or refuses to assist in ejecting any passenger violating the provisions of this Act, shall be guilty of a misdemeanor and punished as for a misdemeanor. Police powers of conductors. Sec. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899. STATE CONVICTS, SLEEPING APARTMENTS OF. No. 347. An Act to amend the Act of December 21st, 1897, entitled An Act to create a Prison Commission for the State of Georgia, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the Act recited in the above caption be, and the same is, hereby amended

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by striking therefrom in the eighth section (D) the words: To provide a separate compartment for sleeping purposes for each convict, so that no physical connection can be had one with another after the hours of retiring. Sleeping apartments of convicts. Sec. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899. EXPENDITURE OF COUNTY FUNDS. No. 346. An Act to amend an Act approved December 22, 1898, entitled An Act to regulate and control the expenditure of county funds so far as the same relates to the purchase of goods or property of any kind for county purposes, and to provide a penalty for the violation of the same, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act the above entitled Act be, and the same is, hereby amended by striking from section one of said Act the following: Unless by sanction of a majority of the members of said board, or it shall be made clearly to appear that said individual, store or corporation, offers said article or property for sale as cheap or cheaper than can be bought elsewhere. County funds, how expended. Sec. II. Be it further enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved December 20, 1899. PROTECTION OF FISH. No. 345. An Act to prohibit the putting of walnut hulls, or walnut leaves, devil shoestring, and other poisonous substances from being put in any waters of this State for any purposes whatever. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act it shall be unlawful

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for any person or persons to put walnut hulls, walnut leaves, devil shoestring, or any poisonous substances whatever of any kind in any waters, either running streams or standing waters, such as lakes, ponds or eddy places in any river or creek within the limits of this State, which will be likely to drive away or poison the fish therein by contaminating said waters. Poisoning water prohibited. Sec. II. Be it further enacted, That any or all persons who shall violate the provisions of this Act by directly putting said substances in said waters or by aiding or abetting others in doing so shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in section 1039 of the Criminal Code of this State. Penalty. Sec. III. Be it further enacted, That it shall be the duty of the Fish Commissioner of any county of this State, upon sufficient information furnished him, to swear out warrants for the arrest of all such offenders and have them bound over to the criminal courts of the several counties having jurisdiction thereof, to be dealt with as provided for in section (2) two of this Act. Fish commissioner, duty of. Sec. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899. RAILWAY POSTAL CLERKS EXEMPT FROM JURY DUTY. No. 364. An Act to exempt railway postal clerks from jury duty in any of the courts of this State, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act all railway postal clerks residing in this State shall be exempt from jury duty in any of the courts of this State. Railway postal clerks. Sec. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899.

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THE GEORGIA STATE BOARD OF EMBALMING. No. 367. An Act to establish a State Board of Embalming, to provide for the better protection of life and health; to prevent the spread of contagious diseases; to regulate the practice of embalming, and the care and disposition of the dead, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That there is hereby established and created a board to be known as the Georgia State Board of Embalming. The board shall consist of five members, to be appointed by the Governor, and all vacancies occurring on the board shall be filled by the Governor. The members of said board shall be practical embalmers, having experience in said business and the care of and the disposition of dead human bodies. The members of said board shall be residents of this State. State Board of Embalming. Sec. II. Be it further enacted by the authority aforesaid, That each member of said board shall serve for a term of five years from the date of his appointment going into effect, except those first appointed, who shall serve as follows: One for one year, one for two years, one for three years, one for four years, and one for five years, respectively; the Governor shall designate the number of years each member shall serve, and any one having served as a member of said board shall be eligible for reappointment. The Governor shall have power to remove from office any member of said board for neglect of duty, incompetency or improper conduct. Term of office. Sec. III. Be it further enacted by the authority aforesaid, That the first board shall be appointed on or before the first day of February, nineteen hundred, and one member annually thereafter, who shall serve for a term of five years from the first day of January ensuing. Appointment. Sec. IV. Be it further enacted by the authority aforesaid, That the Governor shall furnish each person appointed to serve on the State board of emblaming a certificate of appointment, and such appointee shall qualify by taking the usual oath of office before any officer authorized by law to administer oaths in this State, within ten days after said appointment has been made; and this fact shall be noted on the certificate of appointment, and shall be filed with the board of embalmers, which board shall organize by electing one

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of its members as president, and another member as secretary and treasurer. The secretary shall enter into bonds to the State of Georgia in the sum of not less than $1,000, for the proper discharge of his duty, and the care, custody and disbursement of all moneys that may come into his hands, in accordance with such rules as may be adopted by said board. Certificate of appointment, organization. Sec. V. Be it further enacted by the authority aforesaid, That for the purpose of carrying out the objects of this Act, which are fully set out in the title thereof, the said State board of embalming shall have the power and it shall be its duty, first, to prescribe a standard of proficiency as to the qualifications and fitness of those engaged and who may engage in the practice of embalming, and the care and disposition of dead human bodies in this State; second, to meet at least once in each year, and oftener as the proper and efficient discharge of its duties may require. At least fifteen days' notice of the time and place of meeting of said board shall be given by publication in at least three daily newspapers published in different towns or cities of the State. Three members of the board shall constitute a quorum for the transaction of all its business and the performance of all its duties; third, to elect at the first meeting of said board a president and secretary from the members of said board, who shall serve for one year, or until their successors shall be elected and qualified; fourth, to adopt a common seal; fifth, to adopt rules and regulations and by-laws, from time to time, not inconsistent with the laws of this State or of the United States, whereby the performance of the duties of said board and the practice of embalming of dead human bodies shall be regulated. Duties and powers. Meetings. Rules. Sec. VI. Be it further enacted by the authority aforesaid, That from and after the first day of June, nineteen hundred, every person now engaged or desiring to engage in the practice of embalming dead human bodies within the State of Georgia shall make a written application to the State board of embalming for a license, accompanying the same with the license fee of five dollars, whereupon the applicant as aforesaid shall present himself or herself before said board, at a time and place to be fixed by said board, and if the board shall find, upon due examination, that the applicant is of good moral character, possessed of a knowledge of the venous and arterial systems, the location of heart, lungs, stomach, bladder, womb and other organs in the human body; the location of abdominal, pleural and thoracic cavities; the location of the carotid, brachial, radial, ulnar, femoral and tibial arteries; a knowledge of the science of embalming and the care and disposition of the dead, and has a

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reasonable knowledge of sanitation and the disinfection of bodies of deceased persons and the apartment, clothing and bedding, in case of death from infectious or contagious diseases. The board shall issue to said applicant a license to practice said science of embalming and the care and disposition of the dead, and shall register such applicant as a duly licensed embalmer. Such license shall be signed by a majority of the board and attested by its seal. All persons reciving a license under the provisions of this Act shall have said license registered in the ordinary's office of the county in the jurisdiction of which it is proposed to carry on said practice, and shall display said license in a conspicuous place in the office of such person so licensed. Application for license. Examination of applicant. Registry of license. Sec. VII. Be it further enacted by the authority aforesaid, That every registered embalmer, who desires to continue the practice of his profession, shall annually thereafter, during the time he shall continue in such practice, on such date as said board may determine, pay the secretary of said board a fee of two dollars for the renewal of registration. Annual fee. Sec. VIII. Be it further enacted by the authority aforesaid, That all expenses, salary and per diem to members of this board shall be paid from fees received under the provisions of this Act, and shall in no manner be an expense to the State. All moneys received in excess of said per diem allowance and other expenses provided for, shall be held by the secretary of said board, as a special fund for meeting the expenses of said board; provided, that the secretary of said board shall make on the first day of April, in each and every year, a financial statement of the receipts and expenses of said board, and shall also pay to the State Treasurer any balance remaining in his hands, which amount shall be credited to the common school fund of the State. Expenses, how paid. Sec. IX. Be it further enacted by the authority aforesaid, That on and after the first day of July, 1900, it shall be unlawful for any person not a registered embalmer to practice or pretend to practice the science of embalming, unless said person is a registered embalmer within the meaning of this Act. Unlawful practice. Sec. X. Be it further enacted by the authority aforesaid, That nothing in this Act shall apply to, nor in any manner interfere with, the duties of any officer of local or state institutions, nor shall this Act apply to any person engaged simply in the furnishing of burial receptacles for the dead, but shall only apply to such person or persons as engage in the business of embalming. Application of this act. [Illegible Text]

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Sec. XI. Be it further enacted by the authority aforesaid, That any person who shall practice or hold himself or herself as practicing the science of embalming, without having complied with the provisions of this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof before any court, shall be sentenced to pay a fine of not less than fifty dollars or more than one hundred dollars for each and every offense. All fines collected for the violation of any of the provisions of this Act shall be paid into the common school fund of the State. Penalty for practicing without a license. Sec. XII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and are, hereby repealed. Approved December 20, 1899. ANY PLACE WHERE LIQUOR IS ILLEGALLY SOLD A NUISANCE. No. 292. An Act to declare as a nuisance any place where spirituous, malt or intoxicating liquors are sold in violation of law, to provide for abating or enjoining such nuisance, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, any place commonly known as a blind tiger, where spirituous, malt or intoxicating liquors are sold, in violation of law, shall be deemed a nuisance, and the same may be abated or enjoined as such, as now provided by law, on the application of any citizen or citizens of the county where the same may be located. A blind tiger declared a nuisance. Sec. II. Be it further enacted, That if the party or parties carrying on said nuisance shall be unknown or concealed, it shall be sufficient service in the abatement or injunction proceedings under this Act to leave the writ or other papers to be served, at the place where such liquor or liquors may be sold, and the case or cases may proceed against parties unknown, as defendants. Cases to abate or enjoin. Sec. III. Be it further enacted, That the court shall have authority under this Act to order the officers to break open such blind tiger and arrest the inmates thereof, and seize their stock in trade, and bring them before him to be dealt with as the law directs. Suppression.

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Sec. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 19, 1899. CLAIMS FOR DAMAGES AGAINST MUNICIPALITIES. No. 344. An Act to require persons, firms or corporations having claims for money damages against any municipal corporation of this State on account of injuries to persons or property to present the same for adjustment before bringing suit thereon, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, That no person, firm or corporation, having a claim for money damages against any municipal corporation of this State on account of injuries to person or property, shall bring any suit at law or equity against said municipal corporation for the same, without first presenting in writing such claims to the governing authority of said municipality for adjustment, stating the time, place and extent of such injury, as near as practicable, and the negligence which caused the same, and no such suit shall be entertained by the courts against such municipality until the cause of action therein has been first presented to said governing authority for adjustment; provided, that upon the presentation of such claim said governing authority shall consider and act upon the same within thirty days from said presentation, and that the action of said governing authority, unless it results in the settlement thereof, shall in no sense be a bar to a suit therefor in the court, provided that the running of the statute of limitations shall be suspended during the time that the demand for payment before such authorities is pending, without action on their part. Claims for damages against a municipality, demand before suit. Sec. II. That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899.

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INSPECTOR OF ILLUMINATING OILS. No. 343. An Act to prescribe the method of testing illuminating oils in this State, and the manner in which such test shall be made, and to provide for the appointment of a general inspector to aid in the inspection of such oils, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, it shall be the duty of the Commissioner of Agriculture of the State of Georgia to appoint a general Inspector of Oils for said State, whose duty shall be to go from point to point about the State at the direction of the Commissioner of Agriculture to inspect such oils as may be desired; instruct the local inspectors in the art of taking fair, correct and impartial samples of oils for illuminating purposes, and to test the same, under the provisions of this Act; to check up all accounts and books of account of local oil inspectors, and to see that said moneys due the State from fees paid for oil inspections are paid into the State Treasury, and to see that said local oil inspectors fairly, correctly and impartially discharge the duties imposed upon them by this Act and existing law not in conflict herewith, and perform such other duties as may be prescribed by the Commissioner of Agriculture. If any dispute arises as to the test of any oils, then said General Inspector shall take a fair sample of said oil and forward it to the State Chemist, who shall make a final test, and his decision shall control in all matters of dispute. Said General Inspector shall be paid a salary not to exceed one hundred dollars ($100.00) per month, and actual and necessary traveling expenses, while in the discharge of his duties, and said salary and traveling expenses shall be paid out of the fees collected from oil inspection; provided, however, that this Act shall not be in conflict with sections 1579 and 1584 and other sections of the Code of Georgia, providing for the appointment and compensation of local oil inspectors. State inspector of oils, duties of. Salary. Sec. II. Be it further enacted by the authority aforesaid, That no person shall manufacture or have in his possession, or sell or give away for illuminating or heating purposes in lamps or stoves within the State, any oil or burning fluid, wholly or partly composed

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of naphtha, coal oil, petroleum or products thereof, or of other substances or materials, emitting an inflammable vapor which will flash at a temperatue below 100 degrees Fahrenheit, when tested in the closed oil tester, known as the New York State or Elliott Oil Tester, according to the following formula, to wit: Fill the water bath with fresh well or hydrant water up to the lead mark on the inside. Then immerse the oil cup in the water and pour in oil so as to fill the cup up to within one-eight of an inch of the plunge. Take a piece of blotting paper and remove all air-bubbles from the surface of the oil by lightly touching them with the paper. Next, carefully with a dry towel or cloth, wipe the upper inner parts of the oil cup so as to remove any drops of oil that might have spattered on the upper part of the cup. Then put on the glass cover of the oil cup, pass thermometer through the hole in the cork to such a point that the mercury bulb will just be covered by the surface of the oil. Next light the lamp and introduce it under the water bath, so adjust the flame that the temperature will rise at the rate of two degrees a minute. Wait until the temperature reaches 99 degrees F., then light a wooden toothpick and pass the flame through the semi-circular opening in the glass plate at such angle as to clear the glass cover, and to a distance about half way between the oil and the cover. The motion should be steady and uniform, rapid and without pause. The appearance of a slight bluish flame shows that the flashing point has been reached. If the oil flashes at this point, it should be branded: State of Georgia, Rejected. If it does not flash at this point, it should be branded: State of Georgia, Approved. Naphtha and other illuminating products of petroleum, which will not stand the flash test required by this section, may be used for illuminating or heating purposes in the following cases: Inspection. Naphtha, allowable for. First. In street lamps and open-air receptacles, apart from any buildings, factory or inhabited house in which the vapor is burned. Second. In dwellings, factories, or other places of business when vaporized in secure tanks of metal generators made for that purpose, in which the vapor so generated is used for lighting or heating. Third. For use in the manufacture of illuminating gas in gas manufactories, situated apart from dwellings and other buildings. The inspector shall provide at his own expense instruments for testing oils and stencils for branding packages, to read thus: State of Georgia, Approved, with name of inspector and date

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of inspection. The inspector should brand all oils and fluids falling below 100 degrees, flash test, in the Elliott Tester, State of Georgia, Rejected, with the name of inspector and date of inspection. If the inspector shall find any illuminating oil or fluid under the flash test required by law, or falsely branded, he shall cause the offender to be prosecuted. Inspector's brand. Sec. III. And it is hereby made the duty of said General Inspector of Oils to personally prosecute each and every offender under the provisions of this Act, and upon conviction such offender shall be punished as prescribed in section 1039 of the Code of Georgia. And all fines arising from prosecutions under this Act shall be paid into and become a part of the general educational fund of this State. Penalties for violating this act. Sec. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899. SUPERSEDEAS IN CRIMINAL CASES. No. 338. An Act to require the judges of the courts of this State to grant supersedeases in criminal cases when motions for new trials are made, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That whenever the defendant in a criminal case is convicted, in any of the courts of this State, and makes a motion for a new trial, the judge trying such case shall grant an order superseding the sentence imposed on such defendant until his motion for new trial is heard and decided, when requested to do so by the defendant or his counsel. Supersedeas in criminal cases. Sec. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899.

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COUNTY COMMISSIONERS INELIGIBLE AS JURY COMMISSIONERS. No. 333. An Act to prescribe the ineligibility of members of boards of roads and revenues and county commissioners as jury commissioners. Section I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, that no person, while serving as a member of the board of roads and revenues, or as county commissioner, shall be eligible to serve as jury commissioner, and the acts of either as jury commissioner shall be illegal, null and void. County commissioners in eligible as jury commissioners. Sec. II. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899. MORTGAGES ON CROPS, LIEN OF. No. 327. An Act to provide that the lien of mortgages on crops given to secure the payment of debts for supplies, money and other articles of necessity, including live stock to aid in making and gathering such crops, shall be superior to judgments of older date than such mortgages, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act the lien of mortgages on crops, which mortgages are given to secure the payment of debts for money, supplies and other articles of necessity, including live stock, to aid in making and gathering such crops, shall be superior to judgments of older date than such mortgages. Lien of mortgages on crops. Sec. II. Be it further enacted, That in order for such lien to have priority, as provided in section 1, the money or other supplies mentioned in said section shall be furnished in the year in which such crop is grown, and shall be intended in good faith to be used in and for the purpose of making such crops.

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Sec. III. Be it further enacted, That nothing herein shall be construed as affecting the lien of landlords for rent and supplies, as is now provided under existing laws. Lien of landlords. Sec. IV. Be it further enacted, That all conflicting laws are hereby repealed. Approved December 21, 1899. AFFIDAVITS MADE OUT OF THE STATE, HOW ATTESTED. No. 315. An Act to provide for the making of affidavits out of the State of Georgia, to be used within said State. Section I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act any affidavit made out of the State of Georgia before any notary public, justice of the peace, judge of a court of law, or chancellor, commissioner or master of any court of equity of the State or county where the oath is made, or before any other officer of such State or county, who is authorized by the laws thereof to administer oaths, shall have the same force and effect, and be recognized in like manner as if it had been made before an officer of this State authorized to administer the same; provided, that this Act shall not apply to such affidavits as are by law required to be made within the State of Georgia, nor have the effect to impair or render invalid any of the existing provisions of law for making affidavits out of this State. Affidavits made out of this State, how attested. Sec. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899. COUNTERFEITING AS SPECIFIED PROHIBITED. No. 311. An Act to prohibit the making, forging or counterfeiting cards, receipts, certificates or letters given by any association of railway employees or any corporation or person, or having any such in possession with intent to deceive or defraud, and to provide the punishment therefor, and for other purposes.

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Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, any person who shall make, alter, forge or counterfeit any card or receipt of dues purporting to be given or issued by any association of railway employees, or by any of its officers, to its members, with intent to injure, deceive or defraud, shall be punished as hereinafter provided. Counterfeiting cards or receipts. Sec. II. Be it further enacted, That any person who shall falsely make, alter, forge or counterfeit any letter or certificate purporting to be given by any corporation or person, or officer or agent of such corporation or person to an employee of such corporation or person at the time of such employee's leaving the service of such corporation or person, showing the capacity or capacities in which such employee was employed by such corporation or person, the date of leaving the service or the reason or cause of such leaving, with the intent to injure, deceive or defraud, shall be punished as hereinafter provided. Letters or certificates. Sec. III. Be it further enacted, That any person who shall wilfully and knowingly utter, publish, pass or tender as true, or who shall have in his possession with intent to utter, publish, pass or tender as true, any false, altered, forged or counterfeited letter, certificate, card or receipt, the forging, altering or counterfeiting whereof is prohibited by either of the preceding sections of this Act, with intent to injure, deceive or defraud, knowing the same to be forged, shall be punished as hereinafter provided; provided that nothing in this Act shall be construed to repeal, change or modify any of the existing laws in this State against the crime of forgery. Using counterfeits as true. Sec. IV. Be it further enacted, That any person violating any of the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in section 1039, vol. III. of the Penal Code of 1895. Penalty. Sec. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899.

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ARSON IN CITY OR ON FARM. No. 286. An Act to provide for the punishment of Arson in a city and for burning of an occupied dwelling on a farm, and for other purposes. Section I. Be it enacted, That from and after the passage of this Act, the punishment for the willful and malicious burning, or setting fire to, or attempting to burn a house in a city, town or village, whether the house be the property of the perpetrator or of another, and the punishment for the willful and malicious burning of an occupied dwelling-house of another on a farm, or plantation, or elsewhere, shall be imprisonment and labor in the penitentiary for not less than five nor more than twenty years; provided, said arson shall not produce the death or maiming of any person. But if said arson shall produce the death or maiming of any person, the punishment shall be death, in conformity with the provisions of section 63 of the third volume of the Code of 1895. Arson in city or on farm, penalty. Code, Sec. 63, Vol. 3. Sec. II. Be it further enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved December 19, 1899. PRIVATE HOSPITALS AND SANITARIUMS. No. 383. An Act to authorize private hospitals and sanitariums in this State to receive and treat patients who are the victims of alcohol, morphine and other drugs, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, it shall be lawful for any private hospital or sanitarium in this State, for inebriate or other persons who are the victims of the excessive use of alcohol, morphine, cocaine, or other intoxicants, narcotics or drugs of a similar character, to receive such persons therein, for treatment, who shall voluntarily make application for admission therein. Private hospitals and sanitariums.

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Sec. II. Be it further enacted, That when any such person shall, under the provisions of this Act, apply for admission, and be received in such hospital or sanitarium as aforesaid, the authorities thereof shall have the right to exercise such restraint upon the person of such patient, and administer such treatment to him, as may, in their opinion, be necessary and proper for the care and treatment, according to the methods in use by alienists and neurologists in such cases. Treatment of patients. Sec. III. Be it further enacted, That the authorities of such private hospital or sanitarium shall have the right to discharge such patient at any time they may deem proper; or whenever the patient or other person, with whom the contract for his treatment is made, for such treatment, fails to comply with the terms of such contract. Discharge. Sec. IV. Be it further enacted, That any private institution of the character aforesaid, which shall receive a patient under the provisions of this Act, shall be subject to the inspection and investigation of the Superintendent of the Georgia State Sanitarium, and of the Chairman of the State Board of Medical Examiners. Such inspection and investigation of said officers may be made, at any time, and any number of times they may deem proper, and they may make such recommendations in their annual or other reports, as to management of such institutions, as will, in their opinion, tend to the improvement of the same. Inspections Sec. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 19, 1899. BILL OF SALE TO PERSONALTY TO SECURE DEBT, FORECLOSURE. No. 265. An Act to authorize and empower any owner of a bill of sale to personal property to secure a debt, to forsclose the same in the same manner as mortgages on personal property are now foreclosed where the amount of the principal debt does not exceed one hundred dollars, and providing defenses to said foreclosure, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid,

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That from and after the passage of this Act the owner of any bill of sale to personal property to secure a debt where the principal sum does not exceed one hundred dollars, may foreclose the same in the manner as mortgages on personal property are now foreclosed, under the laws of the State of Georgia. Bill of sale to personal property to secure debt, foreclosure. Sec. II. Be it further enacted by the authority aforesaid, That in the event any such bill of sale is foreclosed as herein provided, the after proceedings of the said foreclosure shall be the same as proceedings to foreclose mortgages, with the same rights to mortgagees to defend in the manner as defenses to foreclosure of mortgages as are now provided by the laws of said State. Defense. Sec. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1899. REPUBLICATION OF GEORGIA DECISIONS AND REPORTS. No. 264. An Act to authorize and direct the republication of certain Georgia Reports, including Charltons and Dudley Reports and Georgia Decisions. Section I. Be it enacted by the General Assembly of Georgia, That the State Librarian be, and he is, hereby authorized and directed to republish, under the same restrictions and conditions, so far as practicable, as now relate to the republication of Georgia Reports, and electrotyped copies of same, five hundred copies each of the earlier Georgia Reports, together with Charltons and Dudley Reports and Georgia Decisions, where the copyright has expired, beginning with Volume I and continuing consecutively, to be paid for out of the money received by him from the sale of Georgia Reports, together with said Charltons and Dudley Reports and Georgia Decisions; provided, that only such volumes be republished during any one year as may be paid for out of the said money received during that year. That said Librarian shall continue said publication of such Reports whenever the copyrights may hereafter expire; provided, that all of said Reports shall be sold at actual cost, to the State, of publication. Republication of earlier Ga., Charltons and Dudley Reports. Sec. II. Be it further enacted by the authority aforesaid,

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That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1899. BONDED, PUBLIC WAREHOUSEMEN. No. 263. An Act relating to warehousemen in this State, authorizing them to give bonds and issue warehouse receipts secured thereby, and prescribing and regulating their powers and duties and liabilities, and for other purposes, c. Section I. The General Assembly of the State of Georgia do hereby enact, That any person engaged in the business of a warehouseman, or any corporation organized under the laws of this State, and whose charter authorizes them to engage in the business of a warehouseman within this State, may, if they so desire, become a bonded public warehouseman, and authorized to keep and maintain bonded public warehouses for the storage of cotton and other goods, wares and merchandise as hereinafter prescribed, upon their giving the bond hereinafter required. Bonded, public warehouses Sec. II. Be it further enacted, That every person or corporation desiring to become a bonded public warehouseman under the authority granted by the preceding section shall give bond to an amount based on the estimated value said warehouseman will provide storage for. Said bond shall be made payable to the clerk of the superior court of the county wherein such bonded public warehouse is situated, and be conditioned for the faithful performance of his duties and liabilities as a bonded public warehouseman under the provisions of this act. The surety or sureties upon said bond shall be some one or more of the guarantee, surety, fidelity insurance, or fidelity and deposit companies which are described in section first of an Act entitled 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, approved December 24th, 1896; all of the provisions of said Act being hereby made applicable to the purposes and provisions

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of this Act, so far as the same are pertinent or applicable hereto; and it shall be the duty of said clerk of the superior court to fix the amount of said bond, and to approve the surety or sureties thereon. Bond. Sureties. Sec. III. Be it further enacted, That whenever such bonded public warehouseman fails to perform his duty as such, or violates any of the provisions of this Act, any person injured by such failure or violation may bring his action in a court of competent jurisdiction against the principal and sureties upon the bond of said warehouseman. Liability of principal and sureties. Sec. IV. Be it further enacted, That every such bonded public warehouseman shall cause to be insured for the benefit of whom it may concern, unless requested not to insure by the owner, all property placed in storage with him in his said bonded public warehouse, such insurance to be so taken out as to cover and protect said property from the time it is so stored with him. Every such warehouseman shall, except as hereinafter provided, give to each person depositing property with him for storage a receipt therefor, which shall be negotiable in form, and shall describe the property, distinctly stating the brand or distinguishing marks upon it, and if such property is grain the quantity and inspected grade thereof. The receipt shall also state the rate of charges for storing the property, and amount and rate of insurance thereon, and also the amount of the bond given to the clerk of the court, as hereinabove provided; provided, however, that every such warehouseman shall, upon request of any person depositing property with him for storage, give to such person his non-negotiable receipt therefor, which receipt shall have the words non-negotiable plainly written, printed or stamped on the face thereof; and provided, that no assignment of such non-negotiable receipt shall be effective until recorded on the books of the warehouseman issuing it; provided further, that the non-negotiable receipt may be surrendered at any time by the owner thereof, and a negotiable receipt issued in lien of the same. Insurance of property stored. Receipts of warehouseman. Sec. V. Be it further enacted, That the title to cotton and other goods, wares and merchandise stored in such bonded public warehouses shall pass to a purchaser or pledgee thereof by the delivery to him of the said warehouseman's receipt therefor with an endorsement thereon to such purchaser or pledgee signed by the person to whom such receipt was originally given by said warehouseman or by the endorsee of such receipt. Transfer of receipt. Sec. VI. Be it further enacted, That when grain or other property is stored in such bonded public warehouses in such a

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manner that different lots or parcels are mixed together, so that the identity thereof cannot be accurately preserved, the warehouseman's receipts for any portion of such grain or property shall be deemed a valid title to so much thereof as is designated in said receipt, without regard to any separation or identification. Mixed grain or other property. Sec. VII. Be it further enacted, That every such warehouseman shall keep a book in which shall be entered an account of all his transactions relating to warehousing, storing and delivering cotton, goods, wares and merchandise, and to the issuing of receipts therefor, which book shall be open to the inspection of any person actually interested in the property to which such entries relate. Books of warehouseman. Sec. VIII. Be it further enacted, That every bonded public warehouseman who shall have in his possession any property by virtue of any agreement or warehouse receipt for the same on which a claim for storage of the same is at least one year overdue, may proceed to sell the same at public auction, and out of the proceeds may retain all charges for storage on such goods, wares and merchandise, and any advances that may have been made thereon by him on them, with legal interest thereon, and the expenses of advertising and sale thereof. But no sale shall be made until after the giving of printed or written notice of such sale to the person or persons in whose name such goods, wares and merchandise were stored, requiring him or them, naming them, to pay the arrears or amounts due for such storage, and in case of default in so doing, the goods, wares and merchandise may be sold to pay the same at a time and place to be specified in such notice. Storage sale for non-payment. Sec. IX. Be it further enacted, That the notice required in the last preceding section shall be served by delivering to the person or persons in whose name such goods, wares and merchandise were stored, or by leaving it at his usual place of abode, if within this State, at least thirty days before the time of such sale, and a return of the service shall be made by some officer authorized to serve civil process, or by some other person, with an affidavit of the truth of the return. If the party storing such property cannot with reasonable diligence be found within this State; then such notice shall be given by publication once in each week for two successive weeks, the last publication to be at least ten days before the time of such sale, in a newspaper published in the city or town where such warehouse is located; or if there is no such paper, in one of the principal papers published in the county in which said city or town is located. In the event that the party storing such goods shall have parted with the same, and the purchaser shall have

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notified the warehouseman, with his address, such notice shall be given to such person in lieu of the person storing the goods. Notice by warehouseman. Sec. X. Be it further enacted, That such bonded public warehouseman shall make an entry in a book kept for the purpose of the balance or surplus of proceeds of sale, if any, and such balance or surplus, if any, shall be paid over to such person or persons entitled thereto, on demand. Proceeds of sale. Sec. XI. Be it further enacted, That whoever unlawfully sells, pledges, lends, or in any other way disposes of, or permits, or is a party to the unlawful selling, pledging, lending, or other disposition of any goods, wares, merchandise or thing deposited in a bonded public warehouse, without the authority of the party who deposited the same, or of the lawful transferee or endorsee of the receipt given therefor, shall be punished by a fine not to exceed $2,000.00, and by imprisonment in the State Penitentiary for not more than three years. But no bonded public warehouseman shall be liable to the penalties provided in this section unless with intent to injure or defraud any person to whom he so sells, pledges, lends, or in any other way disposes of same, or is a party to the unlawful selling, pledging, lending, or other unlawful disposition of any goods, wares, merchandise, article or thing so deposited and receipted for by him. Penalty for unlawful disposition of deposited goods. Sec. XII. Be it further enacted, That whenever a bonded publie warehouseman has in his possession any property which is of a perishable nature, or will deteriorate in value by keeping, or upon which the charges for storage will be likely to exceed the value thereof, or which by its odor, leakage, inflammability or explosive nature, is likely to injure other goods, such property having been stored upon non-negotiable receipt, and when said warehouseman has notified the person in whose name the property was received to remove said property, but such person has refused or omitted to receive and take away such property, and to pay the storage and proper charges thereon, said bonded public warehouseman may, in the exercise of a reasonable discretion, sell the same at public or private sale without advertising, and the proceeds, if there are any proceeds, after deducting the amount of said storage and charges and expenses of sale, shall be paid or credited to the person in whose name the property was stored; and if said person cannot be found, on reasonable inquiry, the sale may be made without any notice, and the proceeds of such sale, after deducting the amount of storage, expenses of sale, and other proper charges, shall be paid to the person entitled to the same. Sale of perishable property by warehouseman.

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Sec. XIII. Be it further enacted, That when a bonded public warehouseman, under the provisions of the preceding section, has made a reasonable effort to sell perishable and worthless property, and has been unable to do so because of its being of little or no value, he may then proceed to dispose of such property in any lawful manner, and he shall not be liable in any way for property so disposed of. Unsalable property. Sec. XIV. Be it further enacted, That when a bonded public warehouseman, under the provisions of the two preceding sections, has sold or otherwise disposed of property, and the proceeds of such sale have not equalled the amount necessary to pay the storage charges, expenses of sale and other charges against said property, then the person in whose name said property was stored shall be liable to said bonded public warehouseman for any amount which, added to the proceeds of such sale, will be sufficient to pay all the proper charges upon said property, or in case such proeprty was valueless and there were no proceeds realized from its disposition, the person in whose name said property was stored shall be liable to said public warehouseman for all proper charges against said property. Liability for storage. Sec. XV. Be it furthe enacted, That all Acts and parts of Acts inconsistent with this Act are hereby repealed. Sec. XVI. This Act shall take effect upon its passage. Approved December 16, 1899. FREIGHT TRAINS ON SUNDAY. No. 253. An Act to amend section 4 of an Act of the General Assembly of Georgia, approved November 30, 1897, entitled An Act to regulate the running of freight trains on Sunday in said State, by inserting in the third line of the fourth section of said Act thirty instead of three, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That section four of an Act entitled An Act to amend section four hundred and twenty of the Code of 1895 by inserting at the end of said section the following words: To trains on railroads where the lines of said railroad begins and ends in another State and does not run a

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distance greater than three miles through this State, be, and the same is, hereby amended by adding in the third line of said section of said Act the word thirty instead of three, so that said section, when amended, shall read as follows: to trains on railroads where the line of said railroad begins and ends in another State, and does not run a distance greater than thirty miles through this State. Running freight trains on Sunday. Sec. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 14, 1899. ROADS AND BRIDGES, INSPECTORS OF. No. 233. An Act to provide for the employment of Inspectors of Roads and Bridges for all counties in this State having a population of more than seventy-five thousand people, for defining their duties, and for other purposes connected therewith. Section I. Be it enacted by the General Assembly of the State of Georgia, That hereafter the commissioners of roads and revenues for all counties in this State having a population of more than seventy-five thousand people, according to the census of the United States, shall have the power to employ one or more persons to be known as inspector of roads and bridges. Inspector of roads and bridges Sec. II. Be it further enacted, That it shall be the duty of such Inspectors to examine routes for new roads and report thereon, to make constant and careful examination of the existing roads and bridges of the county for which they may be appointed, and report the condition of the same to the commissioners as often as may be necessary and as often as directed by said commissioners; to guard and look after the county chaingang and capture escapes therefrom, and do all such other things in reference thereto when and as directed by said commissioners. Duties of. Sec. III. Be it further enacted, That the sheriff of any county, which employs such inspectors shall, on the request of the commissioners appoint them deputy sheriffs, and as such they shall have power to make arrests for any violations of the criminal laws of this State, as other deputy sheriffs, but as to all arrests such inspector Sec. III. Be it further enacted, That the sheriff of any county, which employs such inspectors shall, on the request of the commissioners appoint them deputy sheriffs, and as such they shall have power to make arrests for any violations of the criminal laws of this State, as other deputy sheriffs, but as to all arrests such inspector

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shall report to the sheriff of their county as other deputy sheriffs. May be deputy sheriffs. Sec. IV. Be it further enacted, That where more than one inspector shall be appointed in any county, the commissioners shall have power to designate one of them as Chief Inspector. Chief inspector. Sec. V. Be it further enacted, That the commissioners are authorized to pay such inspectors such salaries out of the county treasury as they may think right and proper. Salary of. Sec. VI. Be it further enacted, That such inspectors shall be employed subject to be discharged at any time by the Commissioners for any cause whatever satisfactory to them. Tenure of office. Sec. VII. Be it further enacted, That said inspector or Inspectors shall be under the control of the county commissioners, and such rules as they may make in pursuance of this Act. Control of. Sec. VIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 8, 1899. LIENS, HOW TRANSFERRED. No. 192. An Act to provide for the more full and complete transfer and assignment of rent notes, mortgage notes, and other evidences of indebtedness secured either by contract lien or out of which springs a lien by operation of law; so that upon a simple transfer for value of such rent note, mortgage note, and other such evidences of indebtedness, the lien connected therewith is carried and follows as a necessary incident of such transfer so as to allow such transferee or assignee of the same without more to foreclose and enforce the same in his own name, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act, all transfers and assignments of rent notes, mortgage notes, and other such evidences of indebtedness, secured either by contract lien or out of which a lien springs by operation of law, shall be sufficiently technical and valid where such transfer or assignment plainly seeks to pass the title to any of such paper or papers in [Illegible Text] from one person to another. Liens, how transferr'd.

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Sec. II. Be it further enacted by the authority aforesaid, That upon all such transfers or assignments of any such rent note, mortgage note, or other such evidence of indebtedness, as mentioned in section I. of this Act, such transfer or assignment shall carry together with the title thereof to such transferee or assignee also the lien or liens connected with the same without naming or specifically transferring said lien or liens, so that the effect of such transfer or assignment will be to completely and fully carry such lien as a necessary incident thereof. Liens, how transferr'd. Sec. III. Be it further enacted by the authority aforesaid, That upon the simple transfer or assignment of any such rent note, mortgage note, or other such evidence of debt, as mentioned in sections I. and II. of this Act, the person or persons to whom the same may be transferred or assigned may without more have full power and authority to foreclose or enforce the same in his own name. [Illegible Text] may foreclose. Sec. IV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 22, 1899. PENSIONS OF LUNATICS. No. 191. An Act to prevent certain persons from drawing pensions in this State, and for other purposes. Section 1. Be it enacted by the General Assembly of this State, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall not be lawful for any pensioner of this State, after being adjudged a lunatic and confined in the lunatic asylum, to draw a pension from the pension fund of this State; provided, that if said pensioner has a wife or minor children dependent on said pensioner, the same shall be paid to them. Sec. 2. It is hereby further enacted that the ordinaries of the several counties of this State shall, as soon as any pensioner has been adjudged a lunatic, notify the Commissioner of Pensions of this State, giving the name, male or female, and the fund that said pensioner has been drawing from; provided, that nothing herein contained

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shall prevent any pensioner from being replaced on the pension roll when they have been discharged from the asylum. Sec. 3. Be it further enacted that all laws and parts of laws in conflict with this Act be, and are, hereby repealed. Approved November 22, 1899. NATIONAL PARK, LAND CEDED. No. 323. An Act to cede jurisdiction to the Government of the United States over certain property in Fulton county, Georgia, for the establishment of a National Park. Section I. Whereas, the United States Government has recently entered into negotiations with a view to purchasing for use as a national park the following land, to wit: Preamble. All that tract or parcel of land lying and being in the seventeenth (17th) district of Fulton county, Georgia, commencing at a point of land lot No. 110 of said district, at the northwest corner of Peachtree road and the Collier road, and running thence westerly along said Collier road through land lots Nos. 110, 146 and 156 to the Howell's Mill road, and continuing west in a straight line to the western line of what is known as the A. P. Woodward property; thence north along the west line of said Woodward property 1258 feet, more or less, to the north line of land lot 153; thence west along the land lot lines to the west line of the property of Mrs. M. V. Lyons; thence north through land lot No. 185, and along Mrs. Lyons' west line to the south line of land lot No. 184; thence west along the south line of land lot No. 184 to the property of McCamey and Henson; thence north along said McCamey and Henson line to Peachtree creek; thence west along the line of said creek to the west line of land lot No. 184; thence north along said west line of land lot No. 184 to the north line of said land lot; thence east along the north line of said land lot to the line of Jane Howell; thence south along said Jane Howell's line to her southwestern corner; thence east along said Howell's south line to the Howell's Mill road; thence north along said Howell's Mill road to a six-acre tract belonging to Betsy Howell; thence east along said Betsy Howell's south line to her southeast corner; thence north along said Betsy Howell's east line to the

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north line of land lot No. 155; thence east along the north line of land lots No. 155 and No. 144, to the west line of land lot No. 112; thence south along the west line of land lots Nos. 112 and 111 to Peachtree creek; thence easterly along the meandering of said creek five hundred feet, more or less, to Howell's line; thence southeasterly 738 feet to Thornton's line; thence southeasterly along Thornton's line 650 feet; thence easterly along Thornton's south line 601 feet to Peachtree road; and thence southerly along the west side of Peachtree road 2,200 feet, more of less, to the beginning point; together with such approaches and such other lands contiguous to that above described, which the United States Government may hereafter acquire for the purpose named. Therefore, be it enacted by the General Assembly of Georgia, That jurisdiction over said land and territory be, and the same is, hereby ceded to said United States Government on condition that it shall acquire title to the same; provided, however, that the State of Georgia shall retain concurrent jurisdiction thereover with the United States Government. Jurisdiction over ceded land. Sec. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 21, 1899. JURISDICTION OVER LAND FOR PUBLIC BUILDING CEDED. No. 223. An Act ceding jurisdiction by the State to the United States of America, over land in the city of Atlanta for new government building, or for repairing the present building. Section I. Be it enacted by the House of Representatives of the State of Georgia, the Senate concurring, and it is hereby enacted by authority of the same, That the State of Georgia hereby cedes to the United States of America jurisdiction over such land in the city of Atlanta, county of Fulton, as the said United States may acquire for the purpose of erecting thereon a government building for courthouse, post-office and other governmental purposes, or for enlarging the present government building in said city, the particular land to be covered by this cession to be determined by a plat and description

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to be filed in the office of the Secretary of State. The plat and description so filed shall refer to this Act and state that the land so platted and described is the land as to which this Act shall be operative. Jurisdiction ceded over land for public building. Approved December 5, 1899. JURISDICTION CEDED OVER LAND FOR UNITED STATES PRISON. No. 222. An Act ceding jurisdiction over certain land selected for the site of a United States prison in Fulton county, Georgia. Section I. Be it enacted by the General Assembly of the State of Georgia, That the jurisdiction of the State of Georgia is hereby ceded to the United States of America in and over all that tract of land, lately selected for the site of a United States prison, lying in the fourteenth district of originally Henry county, now Fulton county, Georgia, being parts of original land lots numbered forty, twenty-five, eight, and twenty-six, according to the plan of said district, and more particularly described as follows: Beginning at a point in the center of the McDonough public road at the northeast corner of the Reed land, now owned by A. G. Rhodes, the said point of beginning being the northwest corner of the land formerly belonging to the Columbia Finance and Trust Company, and running thence easterly and then southeasterly along said McDonough public road six thousand six hundred and sixty-five feet to the intersection of said McDonough road with the Forrest road; thence southwesterly along said Forrest road one hundred and sixty-six feet to the original line dividing land lot number eight from land lot number seven; thence west along said land lot line one thousand two hundred and sixty-three and five-tenths feet to an iron pin situated at the point where land lots numbered eight, seven, twenty-five and twenty-six corner; thence south along the original line dividing land lot twenty-six from land lot seven, a distance of five hundred and ninety-four feet; thence west three hundred and eight feet to a corner in a branch; thence south two hundred and eighty-three feet to an iron pin; thence east three hundred and eight feet to said original line dividing land lot twenty-six from land lot seven; thence south along said

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land lot line three hundred and eleven feet to a stone corner; thence west one thousand and fifty feet to an oak tree corner on the north-east edge of the right of way of the Southern Railway; thence north five hundred and ninety-four feet to a stone corner; thence west six hundred and fifty-four and five tenths feet to the northeastern edge of the right of way of the Southern Railway; thence northwesterly along said right of way to the original line dividing land lot number twenty-five from land lot number twenty-six at a point marked by a stone corner, a distance of seven hundred and sixteen and fivetenths feet; thence west along the line dividing land lot twenty-five from land lot twenty-six, a distance of five hundred and eighty feet to the point where land lots twenty-five, twenty-six, thirty-nine, and forty corner; thence north along the line dividing land lot twenty-five from land lot number forty to the northern side of the right of way of the Southern Railway; thence northwesterly along said right of way sixteen hundred and ninety-eight feet to the land formerly owned by Reed, now owned by A. G. Rhodes; thence north fourteen hundred and four feet to the point of beginning on the McDonough public road, containing three hundred acres, more or less; provided that the State shall retain concurrent jurisdiction with the United States in and over said tract so far that all civil and criminal process issued under the authority of the State may be executed thereon in like manner, as if this Act were not in force; and provided further, that said cession of jurisdiction shall not take effect until the United States shall have acquired title to said tract. Jurisdiction ceded over land for United States prison. Concurrent jurisdiction of State. Sec. II. Be it further enacted, That all laws in conflict herewith be, and are, hereby repealed. Approved December 5, 1899. PROTECTION OF TURKEYS, QUAIL, DOVES AND DEER. No. 373. An Act to make it unlawful for any person to trap, net, kill or in any way take for the purpose of sale, except upon his own land, wild turkeys, quails, doves or deer, without a license; to fix a penalty for the violation of this act, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia,

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and it is hereby enacted by authority of the same, That from and after the passage of this Act, it shall be unlawful for any person to trap, net, kill, or in any way take, for the purpose of selling the same, except upon his own land during the hunting season, wild turkeys, quail, doves or deer. Hunting on land of another. Sec. II. Be it further enacted, That any person desiring to kill, trap, net, or in any way take, for the purpose of selling the same, except upon his own land, any of the game mentioned in the foregoing section, shall before doing so, pay to the treasurer of the county in which he desires to kill, net, trap, or take such game, the sum of twenty-five dollars, and upon the exhibition of such receipt to the ordinary of such county, the ordinary shall issue to such person a license to kill, trap, net, or take such game in said county for the space of twelve months from the date of said license, and no longer; and such person at the time of procuring said license shall register his name as a licensed hunter in a book to be kept for that purpose by the ordinary. A license shall be procured and registration made in each county wherein said person proposes to carry on said business; provided, that the provisions of this bill shall not be in effect until recommended by the grand jury of the county desiring it. Licensed hunter. Sec. III. Be it further enacted, That any person violating the provisions of this Act shall be punished as for a misdemeanor. Penalty Sec. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899. PROTECTION OF OYSTERS AND FISH. No. 284. An Act to regulate and control the taking and catching of oysters and fish from the public waters of the State, to provide a penalty for violations thereof, and for other purpose. Section I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, it shall be unlawful for any non-resident of this State to take or catch any oysters or fish from the public waters of this State, for the purpose of selling the

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same, unless such person shall first take out a license from the ordinary of the county in which said waters are situated, and pay the sum of twenty-five dollars annually therefor. But if any river, or other body of water, shall be boundary line between any two counties, then in that case, a license from the ordinary of either county shall be sufficient. Catching oysters or fish for sale. Sec. II. Be it further enacted by the authority aforesaid, That upon the application of any non-resident for said license, as herein provided, it shall be the duty of the ordinary to whom said application has been made, to issue such license upon the payment to him of the sum of twenty-five dollars for each license so issued, and the said ordinary shall keep a correct list of all licenses issued by him, and shall turn over to the county treasurer all moneys so collected. License to fish. Sec. III. Be it further enacted, That any person violating the provisions of section I. of this Act shall be guilty of a misdemeanor, and be punished as prescribed in section 1039 of the Criminal Code of this State. Penalty. Sec. IV. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 19, 1899. PROTECTION OF CATTLE AGAINST INFECTIOUS DISEASES. No. 374. An Act to protect the cattle of this State from all contagious or infectious diseases, to authorize and empower the Commissioner of Agriculture of this State to establish, maintain and enforce quarantine lines, and make such rules and regulations as he may deem proper and necessary for the purpose of carrying into effect the provisions of this Act, to prohibit the driving of diseased cattle through said State, or cattle calculated to spread disease, to provide a penalty for the violation of the same, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Commissioner of Agriculture of this State shall immediately

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upon the passage of this Act, and from time to time thereafter, ascertain in what sections of this State cattle are free from contagious or infectious diseases and splenetic fever. Commissioner of agriculture duty of. Sec. II. Be it further enacted by the authority aforesaid, That whenever the cattle of any section of this State are found to be free from contagious and infectious diseases and splenetic fever, said Commissioner of Agriculture is hereby authorized, empowered, and required to establish and maintain such quarantine lines, and to make and enforce such rules and regulations as may be necessary for the protection of such cattle. Quarantine for cattle. Sec. III. Be it further enacted by the authority aforesaid, That said commissioner shall co-operate with the officials of other States, and with the Secretary of Agriculture of the United States in establishing such quarantine lines, rules and regulations as he shall deem proper and best for the protection of the cattle of this State free from any of the diseases referred to in the foregoing sections of this Act. Co-operation with other States. Sec. IV. Be it further enacted by the authority aforesaid, That any person or persons, company or corporation who shall violate any quarantine provision, rule or regulation established by the Commissioner of Agriculture of this State, under the authority conferred by this Act, shall be guilty of, and upon conviction punished as for a misdemeanor. Penalty. Sec. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899. EXPORTATION OF PARTRIDGES AND QUAIL. No. 380. An Act to protect game in this State, and prevent exportation of same beyond the limits of the State. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall be unlawful for any person or persons, firm or corporation, to export or ship, send or carry beyond the limits of said State, any partridge or quail at any season of the year. Exportation of partridges and quails prohibited.

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Sec. II. Be it further enacted, That it shall and is hereby declared unlawful for any person or persons within the limits of said State to net partridges or quails at any season of the year. Netting prohibited. Sec. III. Be it further enacted, That any person violating the provisions of this Act, upon conviction shall be punished as prescribed in section 1039 of volume 3 of the Code of 1895. Penalty. Sec. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899. CONFEDERATE SOLDIERS MAY PRACTICE MEDICINE WITHOUT TAX. No. 290. An Act to authorize all Confederate soldiers who are now or who may hereafter be on the indigent pension roll, and who are otherwise, under the laws of Georgia, entitled to practice medicine, to practice without being subject to any tax therefor. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That all Confederate soldiers who are now or may hereafter be on the indigent pension roll of this State and who are otherwise, under the laws of Georgia, entitled to practice medicine, be aud they are hereby authorized to practice their profession without being subject to any tax therefor. Confederate soldiers may practice medicine without tax. Sec. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 19, 1899.

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CONFEDERATE SOLDIERS AS PROPRIETORS OF PARKS OR RACE TRACKS NOT TAXED. No. 342. An Act to exempt maimed or disabled Confederate soldiers from the tax imposed upon proprietors or owners of every park or place where baseball or football or any similar game is played, or race tracks where bicycles, horse or other races of similar character are had where admission fees are charged, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, every park or place where baseball, football or any similar game is played, or race tracks where bicycles, horses or other races of similar character are had, where admission fees are charged, shall be exempt from any special tax imposed upon same, whenever the proprietor or owner of same is a maimed or disabled Confederate soldier. Confederate soldiers not taxed as proprietors of parks or race tracks. Sec. II. Be it further enacted by the authority aforesaid, That any one obtaining the benefits of this Act must first make proof by his affidavit, before the ordinary of the county where said park or place or track is, that his claim to the benefits of this Act are true and valid, and such affidavit must be approved by the ordinary, before said property shall be held exempt from the special tax by the tax collector of said county. Affidavit to obtain exemption. Sec. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899.

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TITLE IX. MUNICIPAL CORPORATIONS. ACTS. Adrain, town of, incorporated. Albany, city of, new charter. Albany, city of, repeal of charter. Alto, town of, charter amended. Athens, charter amended. Atlanta, charter amended. Augusta, system of sprinkling streets. Augusta, charter amended. Barnesville, charter amended. Boston, municipal elections. Cedartown, charter amended. Cedartown, charter amended. Clarkesville, charter amended. Cordele, charter amended. Crawfordville, charter amended. Cuthbert, charter amended. Dahlonega, new charter. Dalton, charter amended. Dalton, charter amended. Dalton, charter amended. Darien, charter amended. Dawson, charter amended. Dexter, charter amended, Doerun, charter amended. Douglasville, charter amended. Douglas, new charter.

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Ellijay, charter amended. Five Forks, town of, incorporated. Fort Gaines, town of, incorporated. Hamilton, new charter. Harrison, charter amended. Hahira, charter amended. Jackson, charter amended. Jefferson, city of, incorporated. Jefferson, town of, charter repealed. Kirkwood, town of, incorporated. Lexington, city of, incorporated. Macon, corporate limits. Macon, charter amended. Macon, charter amended. Meigs, charter amended. Moultrie, registration of voters. Moultrie, charter amended. Ocilla, charter amended. Raccoon, charter amended. Ringgold, village of, charter repealed. Ringgold, town of, incorporated. Rome, charter amended. Poulan, town of, incorporated. Social Circle, charter amended. Sparks, town of, new charter. Summerville, charter amended, Summerville, charter amended. Swainsboro, city of incorporated Talbotton, charter amended. Valdosta, charter amended. Warrenton, charter amended. Washington, charter amended. West Point, sale of liquor. Wrightsville, city of, incorporated. Yatesville, charter amended.

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ADRIAN, TOWN OF, INCORPORATED. No. 295. An Act to incorporate the town of Adrian, in the counties of Emanuel and Johnson; to define the corporate limits thereof; to provide a municipal government for said town; to confer certain powers and privileges on the same; to establish a system of public schools for the said town of Adrian; to provide for the support and maintenance of same by taxation and otherwise; to create a Board of Education therefor; to authorize and require the State School Commissioner to pay to said Board of Education of said town their pro rata of the State school funds for the children residing in said limits, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the town of Adrian, in the counties of Emanuel and Johnson, be, and the same is, hereby incorporated as a town, under the name of the town of Adrian. Adrian, town of, incorporated. Sec. II. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall be as follows: Five-eighths of one mile in all directions from the present junction of the Wadley Mount Vernon Railroad and The Bruton and Pineora Railway. Corporate limits. Sec. III. Be it further enacted by the authority aforesaid, That the municipal government of said town shall consist of a mayor and five aldermen, who are hereby constituted a body corporate under the name and style of the Mayor and Council of the town of Adrian, and by that name and style shall have perpetual succession, and to do all acts relating to their corporate capacity; and shall be capable in law to purchase, hold, receive, enjoy and possess, to retain to them and their successors, for the sole use and benefit of the said town of Adrian, in perpetuity or for a term of years, any estate, real or personal, within the limits of said town, and to sell, exchange or lease the same in any way whatever. Mayor and council. Sec. IV. Be it further enacted by the authority aforesaid, That on the second Wednesday in January, 1900, and annually, thereafter for aldermen, and biennially thereafter for mayor, an election shall be held in said town. The mayor to hold office for two years, and the aldermen, after the first election, shall hold

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office for two years; but at the first election two of the aldermen shall be chosen for one year, and the other three for two years. The terms of office of each and all elected to begin with the first Monday in February after their election. Said election shall be held and conducted in the same manner as the election for county officers in this State, and the certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the office to which they have been elected. Election of mayor and aldermen. Sec. V. Be it further enacted by the authority aforesaid, That the qualified voters of said town shall be all such persons as are qualified to vote for members of the General Assembly for said counties, and who have been bona fide residents in said town for six months previous to the election whereat they shall offer to vote. Voters. Sec. VI. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall, before entering upon the duties of their respective offices, subscribe to the following oath, which may be administered by any person in this State authorized to administer oaths: I do solemnly swear or affirm that I will faithfully discharge all the duties incumbent upon me as mayor (or alderman) of the town of Adrian, according to the best of my ability, so help me God. Oath of mayor and aldermen. Sec. VII. Be it further enacted by the anthority aforesaid, That said mayor and aldermen shall have power and authority to elect a marshal and clerk, and to prescribe the duties of such officers and require of them such bonds as they may deem necessary; but no salary whatever shall be paid to said mayor and aldermen, or other officers, except the marshal, who shall act as clerk, tax receiver and tax collector. Marshal, clerk, tax receiver and collector. Sec. VIII. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have the power to make and pass all ordinances, by-laws, rules and regulations that may seem necessary for the good government, peace, order and health of said town, and for the enforcement of all powers herein granted; provided, that they are not repugnant to the constitution and laws of the State of Georgia, or of the United States. Police powers. Sec. IX. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power to levy a tax, not to exceed one-half of one per cent. on all property, real and personal, subject to the State tax, within the corporate limits of said town for the purpose of paying the expenses of the town and of the system of public schools hereinafter provided for, and the returns as made to the State and county tax receivers of the counties of

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Emanuel and Johnson shall be accepted as the correct assessment. They shall also have the power and authority to require all persons subject to road duty, under the laws of this State, to work on the streets and sidewalks of said town, but they may receive in lieu of said work such commutation fee as said mayor and aldermen may prescribe. Tax. Sec. X. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have the power to provide for the arrest, trial and punishment of offenders against any ordinance, by-law, rule or regulation of said town by fine, imprisonment, or work on the street of said town; provided, said fine shall not exceed twenty-five dollars, and such imprisonment shall not exceed twenty-five days. Police powers. Sec. XI. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have the power to elect a mayor pro tem., who shall perform all the duties of the mayor when from any cause he cannot be present to execute the duties of his office; also to fill any vacancy that may occur in the office of mayor or alderman, or any subordinate office of said town. Mayor protem. Sec. XII. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have the power to provide by ordinance for the collection of all taxes, moneys and fines due said town by execution to be issued by the mayor and executed by the marshal thereof. Collection of municipal claims. Sec. XIII. Be it further enacted by the authority aforesaid, That the mayor, or mayor pro tem., shall have the power to compel the attendance of witnesses, to examine them under oath, to admit any offender to bail, or commit him to the guardhouse or county jail for the violation of the ordinances of said town. Police powers. Sec. XIV. Be it further enacted by the authority aforesaid, That the mayor of said town shall be the chief executive officer; he shall see that the ordinances, by-laws, rules and regulations of the council are faithfully executed; he may appoint special police when he may deem it necessary, of whom he shall have full control; he shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and in default of such immediate payment, he may imprison the offender in the guardhouse in said town, or county jail not exceeding twenty-five days. Mayor, his duties and powers. Sec. XV. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have authority to devise, design and adopt a system of public instruction in said town, and shall have

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exclusive jurisdiction over all the schools established under said system, and shall be authorized to modify the same from time to time, as cirmustances may require; to establish such schools as they may deem proper for both the white race and the colored race: provided, that separate schools shall be established and maintained for the white and the colored race, and no colored child shall be permitted to attend any school established for the white race, and no white child shall be permitted to attend any school established for the colored race; to appoint, remove or suspend teachers in said schools or in any one thereof, in their discretion; to fix salaries for such teachers; to prescribe a curriculum or course of study in such schools; to make such by-laws, rules and regulations for the control and government of said schools as they may think proper, and to do all lawful acts conducive to the proper and successful operation of said system of public instruction and the schools established thereunder. Public schools. Sec. XVI. Be it further enacted by the authority aforesaid, That it shall be the duty of the said mayor and aldermen to have, prepare and furnish the State School Commissioner each year a list or census of all the pupils residing in said town entitled to the State school fund, and the said State School Commissioner shall pay over to said mayor and aldermen such proportion of said educational fund as said pupils are entitled to under the rules of distribution. Pro rata part of State school fund Sec. XVII. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall be forever prohibited from granting license in any form to any person natural or artificial, for the sale of spirituous, vinous, malt or other intoxicating liquors within the corporate limits of said town of Adrian; they shall also be prohibited from allowing tenpin alleys, billiard and pool tables, and from allowing any other like devices and contrivances used for the purpose of gaming or carrying on any other game of change by selling cards, tickets or numbers, or by using any other article or contrivance for the purpose of gaming in said town. Sale of liquor and gaming prohibited. Sec. XVIII. Be it further enacted by the authority aforesaid, That all manufacturing enterprise now or hereafter established within the corporate limits of said town of Adrian shall be exempt from taxation by said town for a period of ten years from January 1st, 1900. Factories. Sec. XIX. 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, 1899.

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ALBANY, CITY OF, NEW CHARTER. No. 359. An Act to create a new charter for the city of Albany, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the name and style of the corporation shall be the City of Albany, and by such, its corporate name, it shall have perpetual existence; shall sue and be sued, plead and be impleaded, and do all other acts relating to its corporate capacity. It shall have and use a common seal, and shall succeed to all the rights and liabilities of the old corporation. Albany, city of. Sec. II. The corporate limits shall be and remain as fixed by Acts of the Legislature approved December 27th, 1838, February 8th, 1854, September 26th, 1879, and December 17th, 1896; provided, however, that it shall rest within the sound discretion of the mayor and council to, at any time, call an election for the incorporation of the contiguous territory whenever at least twenty-five residents therein shall petition the mayor and council therefor, which election shall be held as the mayor and council may be ordinance prescribe, and all the qualified voters in said district shall be eligible to vote thereat; a majority of those voting being in favor of incorporation, said territory shall be declared duly incorporated. Corporate limits. Sec. III. The municipal government shall consist of a mayor and six (6) members of the council, elected from the city at large, and such other officers, servants and agents, not hereinafter enumerated, as said mayor and council may, from time to time, lawfully employ or elect. Mayor and councilmen. Sec. IV. The mayor and council shall be the supreme governing body, exercising all powers herein conferred upon the corporation, and not otherwise specifically delegated. Powers of. Sec. V. All elections, both general and special, shall be conducted in accordance with the following regulations: Elections. 1st. The mayor and council shall appoint, at least ten days prior to each election, a Board of three managers, each of whom shall be a qualified voter and freeholder in the city, and who shall before entering upon the discharge of their duties, each take and subscribe

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before some officer authorized by law to administer the same, the following oath: All and each of us do swear that we will faithfully manage this day's election; that we are freeholders and voters in said city; that we will make a just and true return thereof, and not knowingly permit anyone to vote unless we believe he is entitled to do so according to the laws of the city, not knowingly prohibit anyone from voting who is so entitled by law; and will not divulge for whom any vote was cast, unless called on under law to do so. So help me God. And said managers shall appoint three clerks. Managers. Oath. 2d. That all elections shall be held at the county court house or at such other place as may be prescribed by ordinance. Polls. 3d. That the vote shall be given by ballot and secretly, no one but the election managers being allowed to be present with the voter, except in case of a challenge, the person challenging, who shall immediately withdraw after the decision of the managers is made. Secret ballot. 4th. In case a voter is unable, by illiteracy or physical disability, to prepare his ballot, one of the managers may, at the voter's request, and in the presence of the other two, prepare his ballot for him. Ballot. 5th. The polls shall be open from 7 a. m. until 6 p. m. (sun time), unless all the candidates shall in writing agree upon different hours. Hours. 6th. There shall be kept by three clerks, appointed by the managers as hereinbefore prescribed, three lists of the names of voters, which shall be numbered in the order of their voting, and also three tally sheets. List of voters. 7th. As each ballot is received, the number of the voter on the list shall be marked on his ballot before being deposited in the box. Ballots numbered. 8th. When any voter is challenged, that fact shall be so writte opposite his name on the list, and also on his ballot, and he sha be required to take the following oath: I do solemnly swear that I am a citizen of the United States and of the State of Georgia; that I have attained the age of 21 years, and resided in the State one year, in the county of Dougherty six months, and in the city of Albany three months next preceding the election; that I have paid all taxes which since the adoption of the present constitution of this State, have been required of me, and which I have had an opportunity to pay agreeably to law, except for the year in which this election is held, and that I have not voted before at

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this election, so help me God. Any voter who shall refuse to take the foregoing oath when challenged shall have his ballot rejected. Oath of voter. 9th. To preserve peace and good order at the polls, so that every voter may have an unobstructed opportunity of casting his ballot, and so that the secrecy of the same may be maintained, it shall be the duty of the proper municipal authorities to furnish a sufficient number of police to secure that end. Police. 10th. The managers may begin the count at any time in their discretion, but they shall not do so until the polls are closed if a candidate, in person or in writing, objects. Count. 11th. When the votes are all counted out, there must be a certificate signed by all of the managers stating the number of votes each person voted for received, and each list of voters and each tally sheet must likewise have thereon the signature of the managers. Certificate. 12th. The oath of the managers, together with their certificate and one tally sheet and list of voters, shall be securely sealed in an envelope with the names of the managers endorsed thereon and delivered to the clerk of the council, who shall keep same safely and have it at the next meeting of the mayor and council. Returns. 13th. One tally sheet, one list of voters and all of the ballots shall be sealed up together in the ballot-box, with the names of the managers written across the seal, which said box and its contents shall be delivered to the clerk of the superior court, and by him safely kept until called for by lawful authority. The remaining tally sheet and list of voters shall be retained by the managers and by them likewise safely kept until called for by lawful authority. Returns. 14th. The mayor and council shall, at their first meeting after the election, receive the returns from the clerk and declare the result of the election in accordance with the certificate of the managers, those receiving the highest number of votes being declared duly elected, which certificate, together with the resolution of the council declaring the result of the same, shall be entered on the minutes. Result, how declared. Sec. VI. All persons qualified to vote for members of the General Assembly in the county of Dougherty, who shall have paid all taxes legally imposed and demanded by the authorities of the city, including the street tax, except for the year in which the election occurs, and who shall have resided three months within the jurisdictional limits of the city, and have registered as hereinafter provided, shall be qualified to vote at any city election. Qualified. voters.

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Sec. VII. The clerk of the council, or in case of his sickness or absence, any officer of the city duly appointed by the mayor and council for that purpose, shall open at the clerk's office, or at such other place as may be designated by the mayor and council, notice of such change being given by newspaper publication 40 days prior to each election, a list for the registration of voters, which list shall be kept open from 9 o'clock a. m. until 12 o'clock m., and from 2 o'clock p. m. until 5 p. m. each and every day, Sundays excepted, for the space of thirty days, when it shall be finally and absolutely closed at 5 p. m. of the 30th day. Registration. 1st. Upon application in person, the clerk or other registering officer shall enter upon the registration list the names, ages, occupations and residences of such persons entitled to register as shall furnish to him satisfactory evidence of their qualification, the names being alphabetically arranged in the registry, the white and colored being kept separate. How made 2d. The registering officer shall be the judge of the qualifications of those offering to register, with the right of appeal by the applicant for registration to the mayor and council, but the registrar may, in his discretion, administer to the applicant the following oath: I do solemnly swear that I am twenty-one years of age, or will be on the day of election, and am qualified by citizenship, residence and payment of taxes to vote for members of the State Legislature in the county of Dougherty; that I will have resided in the city of Albany for the last three months at the time of the election, and have paid all taxes which have been required of me by the authorities of said city, and which I have had an opportunity to pay agreeable to law, since the adoption of the present constitution except for the year of the election, so help me God. And when applicants are so sworn, a minute of that fact shall be entered opposite their names on the list. Qualification. Oath. 3d. Any qualified voter who, by reason of physical disability or prolonged absence from the city, is unable to apply in person for registration, may make an affidavit before some officer of this or any other State authorized by law to attest same, stating the age, occupation, residence and cause of disability of applicant, and when the clerk or other registering officer shall receive such affidavit, during the time in which the lists are open, it shall be his duty to enter the name of the applicant upon the registry. Affidavit of absent voter. 4th. That in order to guide the registering officer in the discharge of his duty, he shall secure from the clerk of the superior court, prior to such election, the list of disqualified voters for that

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year as provided for in section 48 of the Georgia Code of 1895, and in addition thereto, the mayor and council is hereby empowered and directed, prior to the first election under this charter, to prepare a list of all those who are disqualified to vote by reason of the non-payment of city taxes since the adoption of the present Constitution, and shall also provide for a revision of said list from year to year. And the registering officer shall refuse to register any person whose name appears upon either of these lists, unless such person shall furnish satisfactory evidence that his disqualification has been removed. List of disqualified voters. 5th. The clerk or registering officer shall publish in a daily paper twice between the closing of the registration and the day of the election a list of the persons registered, and shall furnish the managers of the election prior to the opening of the polls a certified copy of said list, arranged alphabetically, with the ages, occupations and residences of voters expressed therein, white and colored being arranged separately. This shall be the only official registration list and shall be returned to the clerk after the election and by him safely kept and preserved. Publication of list. 6th. Any person voting illegally at any election herein provided for shall be guilty of a misdemeanor and be punished as prescribed by section 630 of the Georgia Code. Any person who shall falsely take the oath provided for in the preceding sections shall be guilty of false swearing and be punished as prescribed in section 259 of the Code. Illegal voting. Sec. VIII. Elections for mayor and members of council shall be by a vote of the people, and shall be held on the first Monday in December. Their terms of office shall begin on the first Monday in January next ensuing and shall continue for two years and until their successors are elected and qualified, the mayor being ineligible to a second successive term. First election. Sec. IX. The first election for mayor and members of council held hereunder shall be on the first Monday in December, 1900, for three members of council and at the next election thereafter, to wit, on the first Monday in December, 1901, for a mayor and three members of council, thus securing a rotation in office, so that the full membership of said body may not be completely changed at one election. Sec. X. The mayor and council shall on the first Monday in January in each year elect one of the members of council as a mayor pro tem., who shall, in case of the absence or disability of the mayor from any cause, or in case of a vacancy in said office, be clothed

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with all the powers and fulfill all the duties of same. In case of the absence or disability of both mayor and mayor pro tem. the remaining members of council shall choose one of their number to act for such time as may be necessary. Mayor pro tem. Sec. XI. A vacancy occurring in the office of mayor shall be filled for the unexpired term by a popular election called by the Mayor pro. tem. for that purpose, which election shall be held in not more than 50 days after such vacancy occurs. Vacancy in office of mayor. Sec. XII. A vacancy occurring among the members of council shall be filled, for the unexpired term, at an election by the mayor and remaining members of the council called by the mayor for that purpose. Said election must be held in not more than fifteen days after such vacancy occurs, three votes being necessary to elect. In council. Sec. XIII. The mayor shall be the presiding officer of council shall be entitled to a vote upon any question before said body, but shall only exercise such privilege in case of a tie, except in the election provided forinsections 3, 10, 16, 17, 25, 26 of this Act, and in case of impeachment as provided for in section 20 of this Act. In addition the mayor shall be the supreme executive officer of the city government, shall see to it that all laws, ordinances and resolutions are properly executed, shall see to it that all officers of the city properly perform their duties and shall in all things exercise a general supervision of the city's affairs, making such recommendations to the council, from time to time, as may to him seem proper for the public good. Mayor, duties and powers. Sec. XIV. The members of council, together with the mayor, shall constitute the legislative department of the government, and as such no less than the mayor, it shall be their duty to exercise a watchful care over all the city's interest, and more especially to initiate and propose such municipal legislation as may to them seem proper and needful. Legislative body. Sec. XV. Said mayor and council shall have power to punish by execution and attachment for contempts in a penalty not to exceed $50.00 or confinement in the guard house thirty days, either or both, in their discretion; shall have power to establish parliamentary rules for the orderly conduct of business, and shall, before entering upon the discharge of their duties, each take and subscribe before some officer authorized by law to administer same, the following oath: I do solemnly swear that I will faithfully and uprightly demean myself as (mayor or member of council) of the city of Albany, during my continuance in office; that I will, to the utmost

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of my skill and ability, promote the interest and prosperity of said city; that I will not wilfully and knowingly use or be the cause of using tyrannical means towards any portion of the citizens hereof, so help me God. May punish for contempts. Official oath. Sec. XVI. The following municipal officers shall be elected by the mayor and council on the first Monday in January, who shall hold their offices for a term of two years and until their successors are elected and qualified; an attorney, a physician, a treasurer, and collector, a clerk of the council, a sexton, a superintendent of Streets, a Chief of the Fire Department, such of whom shall receive such compensation as the mayor and council may by ordinance prescribe, which amount shall not be increased or diminished during their term of office and each of whom in addition to the duties herein prescribed shall perform such other duties as may be provided by ordinance. Municipal officers. Sec. XVII. A vacancy occurring in any of the offices enumerated in the preceding section, an election to fill the unexpired term shall be held by the mayor and council in not more than fifteen days thereafter. Vacancies. Sec. XVIII. Any one who has attained the age of 21 years and is a qualified voter in the city of Albany shall be eligible to any municipal office. Eligible to office. Sec. XIX. All officers elected by the mayor and council shall be at all times subject to the jurisdiction of the same, and amenable to their discipline, who shall have the power to suspend, fine or remove any of said officers by a majority vote of the whole body, the mayor voting for any cause that may seem just and proper after a fair opportunity to be heard. Officers amenable to mayor and council. Sec. XX. That the mayor and council shall provide by ordinance for the impeachment and trial of any member of said body who, upon conviction of malpractice in office or of any wilful neglect or abuse of the powers and duties of same, shall by a two-thirds vote of the whole body, the mayor voting except in case of his own impeachment, be dismissed from office. Impeachment. Sec. XXI. The salary of the mayor shall be prescribed by ordinances and shall be increased or diminished during his term of office. Mayor's salary. Sec. XXII. All officers elected by the mayor and council shall be required to take such oath to properly perform their duties and to give such bond to secure and indemnify the city for any loss by reason of their default as the mayor and council may by ordinance prescribe. Oath and bond of officers.

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Sec. XXIII. In addition to a chief the fire department shall consist of such a number of men, who shall receive such salaries and be employed for such time as may be provided by ordinance, the chief shall be the executive head of the department, shall be responsible for the good order and efficiency of the same, shall make such expenditures therefor as may be previously authorized by the mayor and council, and shall make such reports to said body on the condition of the department as may be required. Fire department. Sec. XXIV. The mayor shall be the presiding officer in the police courts, shall have the power to try all offenders against the laws and ordinances of the city, and to inflict such penalties as may be prescribed therefor. In case of the absence or disability of the mayor, or in case of a vacancy in said office, the mayor protem. or any member of the council shall preside in his stead. Said court shall have the power to punish for contempt in a sum not to exceed one hundred ($100.00) dollars, or imprisonment in the city guard-house not to exceed twenty days, either or both in its discretion, and shall have the power to enforce the same by execution and attachment. The presiding officer of said court shall have the power to bind over any defendant on trial before him who shall appear by the evidence to be guilty of a State offense. Police court. Sec. XXV. That there shall be a board of police commissioners connected with the municipal government of the city of Albany, which said board shall consist of five persons, citizens and freeholders of said city, and neither of them shall be a member of the city council, but the mayor of the city of Albany shall be ex-officio president of the board; shall preside at all meetings there-of except in case of his absence from sickness, or other cause, in which event said board shall designate one of their number to preside at said meeting in his stead; he shall, in no event, have a vote by reason of his membership on said board, but shall at all times, by virtue thereof, as well as by reason of his office as mayor, have the right and power to call upon the police force or any member thereof, to execute any law, ordinance or resolution of the city government. They shall be elected by the mayor and council and shall hold office for the term of five years. The first election hereunder shall be by the present mayor and council at their last regular meeting for one commissioner, and at the last regular meeting of the mayor and council in each succeeding year an election shall be held to elect a commissioner to succeed the commissioner whose term may then expire. Police commissioners. Should any vacancy occur in the board during the year for any

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cause than the expiration of the regular term, an election to fill said vacancy shall be immediately held by the mayor and council, and such incumbent so elected shall hold until the unexpired term shall expire and until his successor is elected and qualified. Each regular term shall begin at the date of election and close as hereinafter declared, and until a successor is elected and qualified. No person shall be eligible for election and membership on said board for two consecutive terms; provided, however, that any person filling an unexpired term may be eligible for election to the succeeding term. Vacancies in police board. 1. That each member of said board of police commissioners, before entering on the duties of his office shall take and subscribe this oath of office before some officer authorized to administer it: I swear that I will faithfully and impartially demean myself as a commissioner of police during my continuance in office. I have not, in order to influence my election to this office as commissioner, directly or indirectly, expressly or impliedly, promised my vote or support to any person for any office in the city of Albany, nor for any other office. I will not knowingly permit my vote in the election or appointment of any person to position on the police force to be influenced by fear, favor or affection, reward or the hope thereof, but in all things pertaining to said office I will be governed by my conviction of the public good. The oath shall be entered on the Minutes in the proceedings of the Board, and the original shall be filed in the office of the clerk of the city council. Oath of police commissioners. 2. That the board of police commissioners thus elected and qualified shall have exclusive power, and it shall be their duty to appoint a marshal or chief of police, and such other police officer or policeman as is or may be prescribed by the city ordinance. This power extends to unexpired as well as to regular terms. They shall keep a record of their proceedings, and the clerk of the city council shall act as the clerk thereof; they shall hold a stated meeting each month, and such other meetings as the public interest may from time to time require; three shall constitute a quorum with power to transact business except upon questions of the election or dismissal of members of the force, in which case it shall require the full board of five to constitute a quorum. Said board of police commissioners shall serve without compensation or emolument; they shall exercise full direction and control of the officers and members of the police force in conformity to existing ordinances, and such as may be applicable to the subject, but in no

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event shall said power be so construed as to deny to the mayor and ex-officio president the right and power to call upon the police force, or any member thereof, to execute any law, ordinance or resolution of the city government. Powers of police commission. 3. That the police force of the city shall consist of a marshal or chief of police, and such other officers and men as the city council shall prescribe; that they shall take an oath faithfully and impartially to discharge the duties imposed on them by the laws and the city ordinances, and shall give such bond as may be required of them by city ordinance. The chief shall hold his office for two years, and the remaining members of the force for one year, their respective terms beginning on Tuesday after the first Monday in January; provided, however, that the term of office of the present force shall not expire until Tuesday after the first Monday in January, 1901. Police force 4. That their compensation shall be prescribed by ordinance, and shall not be increased or diminished during their respective terms. No extra pay, or allowance, or cost shall be made to them, or either of them. It shall be their duty to make arrests, in the manner prescribed by law, of persons violating the penal laws of of this State. They shall perform such other duties as may be imposed by law of the State, or ordinance of the city council. It shall be the duty of the marshal, or chief of police, to prosecute offenders before the superior court of Dougherty county and the city court of said county. For a failure to perform any duty required by law, or the city ordiaances, they may be suspended or removed from office by the board of police commissioners. The mode of preferring the accusation against them, and their trial, shall be prescribed by city ordinance. The city council shall also prescribe the manner of suspending until trial, the marshal or chief of police, or any other police officer or policeman, when accusation is brought, and in all such cases the board of commissioners of police may make appointments to the office or place of the suspended person, such appointee to hold during the suspension. Policemen, duties of. 5. That the mayor and council shall cause the entire police force of the city to be armed and so uniformed as to be readily recognized by the public as police officers, the arms only to be furnished at the expense of the city. Arms and uniform. Sec. XXVI. There shall be a board of water and electric light commissioners, of which the mayor shall be the ex-officio chairman. In addition to the mayor, said board shall consist of two members of council elected by the mayor and council, each of

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whom shall serve for one year, and two members elected by the mayor and council from the citizens of said city. Any one eligible to the office of mayor or councilman shall be eligible to the commission. The citizen members of said commission shall be elected for a term of two years, but at the first election hereunder one shall be elected for one year and one for two years. The terms of office of said commissioners shall begin on the first Monday in January and continue until their successors are elected and qualified. The first election for commissioners hereunder shall be held as soon after the adoption of this charter as convenient, and their terms of office shall date as from the first Monday in January. All subsequent elections shall be held on the first Monday in January, and all vacancies shall be filled for the unexpired term in not more than fifteen days after such vacancies occur. Said board shall govern and control the water-works and electric light systems of said city in the manner hereinafter set forth. Water and electric light commission. 1. The said board of commissioners shall take and subscribe an oath to faithfully and impartially discharge their duties during their continuance in office, and shall keep a record, in books to be kept for the purpose, of the acts and doings of said board, a full report of which shall be made quarterly to the mayor and council of said city; provided, however, that the said mayor and council, by the adoption of a resolution to that effect, may change the time for making said report. The books, vouchers and papers of said board shall be subject to inspection and examination at any time by persons authorized to do so by the mayor and council. Oath. Reports. 2. That a majority of said board shall constitute a quorum for the transaction of business, and all contracts and engagements, acts and doings of said board, within the scope of their authority, shall be obligatory upon, and be in law considered as if done by, the mayor and council; provided, however, that no election held by said board shall be valid unless all five commissioners are present and vote in said election. Contracts. 3. That said board of commissioners shall have power to elect one superintendent of water-works and electric lights and such other officers, clerks and laborers as may from time to time be found needful; the mayor and council, however, to fix the compensation for all such appointees. No election or appointment made by such board shall be for a period longer than one year, except that of the superintendent, which shall be for two years. The superintendent may be required to make stated reports to both the board and the mayor and council. Said board shall adopt

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a code of rules and regulations defining the duties of the superintendent and the other officers appointed, and may inflict penalties by way of fines, suspensions or discharge, for violation of said rules. Superintendent. 4. That said board shall have power to establish a scale of water and electric light rates, make and enforce rules for the collection of the same, adopt rules and regulations respecting the introduction of water and electric lights into or upon any premises, and from time to time to regulate the use of water and electricity in such manner as shall seem to them necessary and proper; and the members of said board and the superintendent and all inspectors in their service are hereby authorized and empowered to enter at all seasonable hours any dwelling or other places where said water or electric light is taken and used, and where unnecessary waste thereof is known or suspected, and examine and inquire into the cause thereof. They shall have full power to examine all surfacepipes, stop-cocks and other apparatus connected with said water-works, and for the purpose of ascertaining whether the same are of the character and dimensions and fixed in the same manner directed in the permits issued therefor; and if any person refuse to permit such examination or oppose or obstruct such officers in the performance of such duties, such person so offending shall be liable to a fine not exceeding ten dollars for each offense, the proceedings against offender to be the same as that against violators of the ordinances of said city. In addition the board may shut off the supply of water until the required examination is made and such alterations and repairs are completed as necessary. Rates and rules. Powers. 5. That said board shall regulate the distribution of said water and electricity in all places and for all purposes where the same may be required, and from time to time shall fix the prices for the use thereof and the time of payment, and they shall erect such number of public hydrants and stock founts, and in such places as they shall see fit, and elect in what manner and for what purposes the same shall be used, for all of which they may charge at their discretion; provided, that all hydrants, conduits and appliances required and furnished for the extinguishment of fires shall be erected and placed as the mayor and council may direct, and be under their exclusive control and direction. Distribution of water and electricity. 6. That such board shall have full power and authority to require the payment in advance for the use or rent of water and electricity furnished by them in or upon any building, place or premises, and in case prompt payment shall not be made, they may

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shut off the water and electricity from such building, place or premises, and shall not be compelled again to supply said places or premises with water or electricity until arrears with interest thereon shall be fully paid. Payments for water and electricity. 7. That said board shall make no contract for the price of using water or electricity for a longer time than one year. All complaints regarding inequalities in the rates shall be heard by said board, and their decision shall be final and conclusive. Contracts. 8. That the mayor and council may require bond with good and sufficient security in a sum to be fixed by them of any or all employees appointed by said board. Said bond conditioned for the faithful performance of their duties, and the prompt delivery of all money belonging to said city coming into their hands during their continuance in office, and said bond to be made payable to the city of Albany. Bonds of employees. 9. That the members of said board shall not receive any compensation for their services, but shall be paid for all reasonable expenses that they may incur while in the performance of their duties. Compensation of board. 10. That the mayor and council of the city of Albany may at any time remove any citizen member of said board, provided it shall satisfactorily appear after reasonable notice to the parties, and hearing the cause of complaint and answer thereto, if any should be offered, that the member whose removal is sought has been guilty of maladministration, or neglect of the duties of his office, that his removal will be right and proper, and two-thirds of the members of said council shall concur in said removal. Removal from office. Sec. XXVII. The city of Albany shall have the following powers: 1. To assess and collect a tax upon all property, both real and personal, within the limits of the city not to exceed one per cent. ad valorem; to levy and collect a specific or occupation tax on all business occupations, professions, callings or trades exercised within the city, as may be deemed just and proper; to fix a license on theatrical exhibitions, circuses and shows of all kinds, on the sale of spirituous and malt liquors, or on drays and hacks, hotels, boarding-houses, restaurants, fish stands, billiard, pool and other kinds of tables, tenpin alleys, butcher shops, livery stables, auctioneers and upon all other classes or kinds of business legitimately coming within the police power of the city, as may be just and reasonable. Municipal powers. 2. To provide by ordinance for the return of all real and personal property for taxation, to double tax defaulters, to prescribe

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the time or times at which same shall be due, and shall have the power to enforce the collection of same by an execution issued by the clerk, directed to the marshal and bearing test in the name of the mayor, which execution shall be issued not later than December 20th of each year, sales under same being conducted as prescribed by section 732 et seq. of the Georgia Code of 1895. Tax on property. 3. To provide by ordinance for the registration of all business occupations that are subject to a specific or license tax, the time or times at which same shall be due; shall provide penalties for engaging in same without first registering and paying the tax, and shall have the power to enforce the collection of the same by execution, as in the previous section provided. License. 4. To levy and collect a street tax upon each male inhabitant of the city between the ages of sixteen and fifty years inclusive, provided such tax shall not exceed the sum of $3.00 per annum for each person, and such person may satisfy the same by working six days on the streets under the direction of the municipal authorities. In case of failure so to work or pay such tax, said city may enforce the same by execution or by compulsory labor on the streets, at its discretion. Street tax. 5. To appoint boards of assessors of real and personal property consisting each of three freeholders in said city, who shall assess for taxation the value of all property in the city, and each of said boards, when sitting, shall have all the powers of a court to compel the attendance of parties and witnesses, to require the production of books and papers, and to enforce same by attachments for contempt, which may be published as herein prescribed for contempt committed before the police court. Tax assessors. 6. To try all nuisances within the city and abate same, to define what shall constitute a nuisance, to cause any nuisance likely to endanger the health of the city or any neighborhood to be abated, in a summary manner, to charge the expenses for abating same against the person causing the nuisance or the owner of the premises, according as the one or the other is liable, and to enforce the collection of same by execution. Nuisances. 7. To regulate butcher pens, butcher shops, tan yards, livery stables, fish stands, restaurants or any other business in which decaying animal or vegetable matter, or in which noxious odors may become dangerous and injurious to the health of the public, or any part thereof; to license same only in such localities as may be least offensive to the public, and to revoke the license for same when they prove dangerous and injurious to health as aforesaid. Sanitary powers.

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8. In order to guard against danger or damage by fire, said city shall have the power to regulate and control blacksmith shops, forges, stoves and chimneys, and to cause same to be moved or remedied as safety may dictate; to create fire limits and prescribe the material out of which buildings shall be constructed therein; to regulate the construction of doors in places of public gathering, and may require the erection of fire escapes in all buildings, not private residences, three or more stories in height. Fire limits. 9. To regulate and control all hotels and public houses within the city, and to revoke the license of same in case they should become disorderly. Hotels. 10. To take up and impound dogs, horses, mules, cattle or hogs running at large, and to pass such ordinances as may be deemed necessary for the regulation of stock and other animals within the city. Pounds. 11. To require owners of lots to drain the same, to fill up excavations or depressions, to drain cellars and cisterns and fill up same if necessary, and upon failure to do so after reasonable notice, to have same done at owner's expense and enforce collection of same by execution against property. Drainage. 12. To regulate all vehicles of every kind or character used in the city for profit in the transportation of passengers, freights, or both; to provide for the regular inspection of same, and to fix the rates of fare and carriage thereon. Transportation. 13. To regulate and control barrooms, saloons and bowling alleys; to refuse a license to same in certain localities, and to revoke the license of same when it may become proper or necessary. Sale of liquor. 14. To lay off, vacate, close, open and alter streets and alleys in the city; to prohibit any one from opening or laying out any new street or alley save by the consent of the mayor and council, due regard being had by said body to the original plan of the city; to regulate the width of sidewalks and to pave, repave or repair the pavement of same at the expense of the owners of real estate adjoining, enforcing the payment of said cost by execution against the property and against the owner of same, which shall be issued and levied as executions for taxes, shall be sold in the same manner and shall be subject to all the incidents of purchase by the city and redemption by the owner et cetera, as provided by section 732 et seq. of the Georgia Code of 1895; to lay off and construct cross walks, drains and gutters, and it shall be the duty of said city to keep said streets, alleys, sidewalks and crosswalks in good order and repair and free from obstructions. Streets and alleys.

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15. To adopt at any time an ordinance requiring the grading, paving, macadamizing, curbing or otherwise improving for travel or drainage any of the streets of the city or any portion of a street. A railroad company now having, or which may hereafter have tracks running through streets so improved, being required to macadamize or otherwise pave, as the mayor and council may direct, the width of its tracks and two feet on each side thereof; to repair or repave same similarly, railroads being required to repair or repave their portion as aforesaid. Street improvements. 16. To construct or extend sewers in any of the alleys of said city, or contiguous territory that may hereafter be incorporated; to assess such part of the cost of same on the real estate abutting on the street or alley in which same may be extended, according to frontage, as may be just and reasonable, and to enforce the payment of same by execution against the abutting real estate and the owner thereof; provided, that to an execution issued under this paragraph the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which execution issued is due, and stating what amount he admits to be due, shall be paid or collected before the affidavit is received, and the affidavit shall be received for the balance; and all such affidavit so received shall be returned to the superior court of Dougherty county and there tried and the issue determined as in case of illegality, subject to all the pains and penalties provided for in cases of illegality for delay. Sewers. 17. To grant encroachments upon the streets or alleys of the city on such terms and in such manner as may be by ordinance prescribed. Encroachments. 18. To remove or cause to be removed all obstructions upon the streets, alleys or sidewalks of the city; to have made an official survey of the city and to mark with suitable stones all street intersections; to require that all fences and buildings conform to the true line of the streets and alleys, as shown by the official survey; to require all persons before building upon or improving any real estate to first secure from the mayor and council permit therefor, application for same showing the kind and character of structure of improvement to be made. Obstructions on streets. 19. To punish for vagrancy, and in case a jury is demanded, to bind over to the proper State court. Vagrancy. 20. To regulate all machinery, including stationary and locomotive engines within the city, and to make all such needful rules and regulations for same as will guard the citizens or any portion

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thereof against annoyance by unnecessary volumes of smoke and disagreeable and unnecessary noises. Machinery. 21. To establish one or more markets and regulate the same fix the hours of sale therein, prohibit the sale of marketable commodities elsewhere within the city, and pass all ordinances, rules and regulations necessary and proper to control and regulate marketing within the city. Markets. 22. To purchase, hold, receive, enjoy, possess and retain for the use and benefit of said city, in perpetuity or for any term of years, any estate or estates, real or personal, lands, tenements hereditaments of what kind or nature soever, within or without the limits of the city, for corporate purposes. Corporate property. 23. To organize a chain-gang and to put at compulsory labor thereon all those convicted of violating any of the ordinances of the city. Chaingang. 24. To own, use and operate for municipal purposes and for profit, a system of water-works and electric lights; to make rules and regulations regarding the use of the same by the public, and to provide by ordinance for the punishment of those who illegally use said water or lights, who illegally divert same from their proper channels of transmission. Water-works and electric lights. 25. To pass all ordinances that may be deemed requisite and proper to the peace, security, welfare, health and convenience of the city, and to punish for violation of the same in a sum not to exceed two hundred ($200.00) dollars, or imprisonment in the guard-house, or compulsory labor on the public works, not to exceed three months, and any one or more of these punishments in the discretion of the court. Police powers. 26. In addition to the powers herein enumerated the city shall have all additional power usually and properly incident to municipal corporations, not in conflict with the Constitution of Georgia, or of the United States, as may be necessary to promote the good government of the city and the general welware of its citizens. General powers. Sec. XXVIII. Neither the mayor nor any member of council, or any city officer shall be interested directly or indirectly, in any contract made with the city, or receive any profit or emolument for any purchase or sale of material, or other articles paid for out of the public revenues, or for which the city becomes responsible. Contracts. Sec. XXIX. That all purchase of supplies made in behalf of the fire and police departments, in behalf of the water and electric light plants, or in behalf of any other department of the city government, and all contracts made by the city for any municipal

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purpose shall, so far as practicable, be made with the lowest and best bidder after a public advertisement for bids. How let. Sec. XXX. That the mayor and city council shall not grant any public franchise to persons or incorporated companies without reserving in said grant the right to tax said franchise at will. Franchise. Sec. XXXI. That this Act shall not become operative until same has been submitted to a vote of all the qualified electors of the city of Albany, and have been ratified by a majority of those voting at said election. The mayor of the city of Albany shall, as soon after the passage of this Act as possible, call a special election for this purpose, which election shall be held at election for mayor and council under the present charter, except that a special registration of voters shall not be necessary. If a majority of those voting favor adoption, the mayor shall issue his proclamation to that effect, and thereupon this Act shall become operative. Ratification of this act. Sec. XXXII. That all laws and parts of laws in conflict with the above and foregoing be, and the same are, hereby repealed. Approved December 20, 1899. ALBANY, CITY OF, REPEAL OF CHARTER. No. 259. An Act to repeal an Act approved December 27th, 1838, and the several Acts amendatory thereto, constituting the present charter of the city of Albany. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That the Acts approved December 27th, 1838, December 10th, 1841, February 21st, 1850, February 8th, 1854, December 13th, 1859, November 24th, 1866, December 6th, 1858, March 4th, 1869, August 23d, 1872, December 9th, 1890, November 22d, 1892, November 21st, 1895, December 20th, 1898, Aug. 24th, 1872, February 21st, 1876, Aug. 28th, 1889, same constituting the present charter of the city of Albany, be, and the same are, hereby repealed. Sec. II. Be it further enacted by the authority aforesaid, That this Act shall become operative when a bill to be entitled

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An Act to create a new charter for the city of Albany shall have been ratified by a vote of the people as in said Act provided. Approved December 15, 1899. ALTO, TOWN OF, CHARTER AMENDED. No. 202. An Act to amend an Act incorporating the town of Alto, in the counties of Banks and Habersham, approved December 16th, 1895, so as to define the corporate limits of the same, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act entitled An Act to incorporate the town of Alto, in the counties of Banks and Habersham, approved December 16, 1895, be, and the same is, amended as follows: by striking from section 2 of said Act the words for police and road duty and road tax purposes, but for purposes of other taxation shall extend only one-quarter of a mile in every direction from said depot, following the word town in the fourth line of section 2 of said Act, and inserting in lieu thereof the words for all purposes, so that said section when so amended shall read as follows: Section 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall entend one-half mile in every direction, from the depot of the Air Line Railroad in said town, for all purposes. Alto, town of. Corporate limits. Sec. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved December 20, 1899.

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ATHENS, CHARTER AMENDED. No. 382. An Act to amend an Act entitled an Act to amend the charter of the town of Athens and the various Acts amendatory thereof, approved August 24th, 1872, so as to authorize the mayor and council of the city of Athens to create the office of city marshal, whose duty it shall be to collect all tax fi. fas. due the city of Athens, and to have all personal property returned for taxation; also all street, business and license taxes, and such other power as may be conferred upon him by said mayor and council. Section I. Be it enacted by the General Assembly of the State of Georgia, That an Act entitled an Act to amend the charter of the town of Athens, and the various Acts amendatory thereof, approved August 24th, 1872, be, and the same is, hereby amended as follows, to wit: That the mayor and council of the city of Athens have the power to create the office of city marshal. That all tax fi. fas. issued by authority of said mayor and council, including ad valorem, business taxes, assessment tax, and all other taxes, shall be directed to the said city marshal, and the said city marshal shall have the authority to levy and collect said fi. fas. and to make all deeds where sales are made under said fi. fas. Athens. Marshal, duties of. It shall be the duty of the said city marshal to see that all personal property in the city of Athens is returned for taxation; and also all street, business and license taxes are properly returned, and to have such other and further power as may be conferred upon him by ordinance of the mayor and council of the city of Athens; said mayor and council shall have full authority to pass such ordinances as may be deemed necessary to carry into effect the provisions of this Act. Sec. II. Be it further enacted, That all laws or parts of laws in conflict with this law that the same be, and are, hereby repealed. Approved December 20, 1899.

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ATLANTA, CHARTER AMENDED. No. 370. An Act to amend the charter of the city of Atlanta. Section I. Be it enacted by the Senate and the House of Representatves of Georgia in General Assembly convened, That the Act incorporating the city of Atlanta, approved February 28th, 1874, and the various Acts amendatory thereof be, and the same are, hereby amended, so as to provide that after the approval of this Act a quorum of the general council of said city shall consist of a majority of all the members of said general council, and a quorum of the council and of the aldermen shall consist of a majority of all the members of each of these bodies respectively; and so as to also provide that the mayor pro tem., as an alderman, may, when presiding over a meeting of the aldermen, in addition to voting in case of a tie, as now authorized by law, also vote on any question coming before the aldermen for action when his vote is necessary to make a quorum of the aldermen. Atlanta, charter amended. Quorum of council. Sec. II. Be it further enacted that said Act of incorporation and the Acts amendatory thereof are hereby further amended, so as to provide that the mayor and general council of the city of Atlanta shall have power and authority to pass and enforce ordinances providing for the location, use and cleanliness of private stables, and forbidding the erection or use of such stables where they are likely to be injurious to the health of citizens. Private stables. Sec. III. Be it further enacted by the authority aforesaid, That the mayor and general council of said city of Atlanta, are hereby authorized to issue and sell not exceeding five hundred thousand dollars in bonds of said city to run thirty years and bear interest at three and one-half per centum per annum, and the principal and interest to be payable in gold coin of the United States of America of the present standard of weight and finess or its equivalent, and none of which bonds shall be sold below par, for the purpose herein specified, to wit: Two hundred thousand dollars in extending water mains in said city, and three hundred thousand dollars in the purchase, acquisition or erection of an electric lighting plant to be owned and operated by said city; provided, the qualified voters of said city assent to the issue of such bonds by the requisite two-thirds majority at an election called for that purpose by the mayor and general council of said city, at any time in the

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year 1900 or 1901; provided further, that the mayor and general council may in their discretion submit the question of the issuing of both the proposed water main bonds and the electric lighting plant bonds to the voters of said city together, or either or both of said proposed bond issues separately at the same election, or if submitted separately, at elections held at different times. Bonds, may issue and sell $500,000.00 for extending water mains and for electric plant. Sec. IV. Be it further enacted by the authority aforesaid, That it shall be the duty of the mayor and general council of the city of Atlanta, beginning with the annual apportionments and appropriations for the year 1900 to annually apportion, appropriate and expend from the incomes and revenues of said city the sum of five thousand dollars for the support, maintenance and operation of the free public library to be known as the Carnegie Library. Carnegie Library. Sec. V. Be it further enacted by the authority aforesaid, That the said original and amendatory Acts of incorporation be, and the same are hereby further amended by changing the day for the annual closing of the tax collector's books from the fifteenth to the tenth day of October, and by fixing the date for the issue of tax executions on the first week day after the tenth day of October, instead of the first week day after the fifteenth day of October as now provided by law. Tax executions when issued. Sec. VI. Be it further enacted by the authority aforesaid, That said Act of incorporation, and the Acts amendatory thereof, are hereby further amended so that the clerk of council shall be elected by the mayor and general council at the first regular meeting of said mayor and general council held in the month of October of the year 1900, and every two years thereafter. Clerk of council, election of. Sec. VII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith are hereby repealed. Approved December 20, 1899.

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AUGUSTA MAY MAINTAIN A SYSTEM OF SPRINKLING. No. 221. An Act to authorize the City Council of Augusta, upon the written petition of the owners of one-half of the property having a frontage along the sidewalk of each and every block to be benefited, to establish by ordinance, or ordinances, and to maintain, upon any and all of the streets of said city, or upon any part or portions thereof, a uniform system of sprinkling; and to charge the cost therefor against the abutting property and the owners thereof along the street or streets, or portions of streets, upon which the sprinkling may be done, and also against any person or corporation using the streets, or portions of streets by railroad tracks, or other permanent structures placed in the street or streets; the charge or cost of said sprinkling to be a lien of the same dignity as taxes due said city against the abutting property and owners, and against the corporations or other persons using the said street or streets as aforesaid, from the date of the passage of the ordinance or ordinances providing for said sprinkling, in such proportion as the ordinance or ordinances may prescribe, and the cost may be collected by execution the same as other taxes due said city, and the said city council is authorized to pay such portion of the cost of said sprinkling at the intersection of streets, and at such other points, as the city council by ordinance may prescribe, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, That the City Council of Augusta be, and it is, hereby fully authorized and empowered to establish within the city of Augusta by ordinances passed from time to time, and to maintain upon any and all of the squares, and upon any and all of the streets of Augusta, or upon any part or portion of said streets, a system of watering or sprinkling. Augusta may sprinkle streets. Sec. II. Be it further enacted, That full authority is given to said city to provide, by ordinance or ordinances, for all the details and appliances necessary or convenient for the purposes of carrying the objects of this Act into full force and effect. Appliances for. Sec. III. Be it further enacted, That upon the written petition of the owners of one-half of the property fronting or abutting upon any square, or upon any street or streets, requesting sprinkling or

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watering to be done, whether persons or corporations, said city council shall be authorized to charge the whole or such part of the cost of said sprinkling as it may by ordinance or ordinances prescribe against all of the owners having property abutting on said square or street or streets, or portions of streets, upon which the sprinkling may be done. The amount of cost to be charged against the abutting property and the owners shall be in proportion to their frontage upon the street or streets, or portion of streets, and this right to charge each property owner with his, her or its share of the cost shall go fully into effect whenever one-half of the abutting property owners shall petition for said watering or sprinkling to be done. Assessments for. Sec. IV. Be it further enacted, That the equitable cost of sprinkling any street or streets, or portions of streets, may be charged, without any petition asking that said sprinkling be done, against any person or corporation using the street or streets, or portions of streets, for the street passenger railroad purposes or for steam railroad traffic, when the street or streets, or portions of streets, shall be occupied by any permanent structures placed therein, such as railroad ties and iron or other structures commonly used for railroad purposes. Charges for against railroads. Sec. V. Be it further enacted, That the charge or cost of said sprinkling, which may be assessed by virtue of any ordinance or ordinances passed by the City Council of Augusta, to carry into effect the purposes of this Act, shall be a lien from the date of the passage of the ordinance against the property abutting upon said street, and against the persons or corporations using the said street or streets for railroad purposes, as aforesaid, of the same dignity as other city taxes, and the same may be collected by execution issued and to be enforced as ordinary tax executions are issued and enforced by said city council, or as otherwise may be prescribed by the ordinance or ordinances to be passed. Liens for assessments. Sec. VI. Be it further enacted, That the defendant against whom any execution may be issued for the cost of said sprinkling shall have the right to file an affidavit of illegality, upon the ground that the assessment against the abutting property belonging to him, her or it is in excess of the assessment made against the property having the same frontage along the street or streets belonging to others, specifying wherein, or that the cost of said sprinkling is in substantial excess of the special benefits accuring to him. If the defendant shall admit any part or portion of said assessment to be correct, then he shall pay the same to the levying officer before

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the affidavit of illegality shall be received. When said affidavit is received, the same shall be returned by the levying officer to the superior court of Richmond county, and shall stand for trial at the term of said court which shall sit within five days from the filing of said affidavit of illegality, and the case shall be heard and determined at that term unless continued for legal cause. The trial to be had and all the proceedings to be the same as in other cases of levies of executions upon land or personal property. Affidavits of illegality. Sec. VII. Be it further enacted, That all laws and parts of laws, in conflict with this Act be, and the same are, hereby repealed. Approved November 29, 1899. AUGUSTA, CHARTER AMENDED. No. 331. An Act to amend the charter of the city of Augusta. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the City Council of Augusta, in making assessments against real estate or the owners thereof for the costs of grading, paving, macadamizing, constructing side drains, crossings, and otherwise improving the roadway and street proper, and for the cost of curbing, sidewalks, sewers, or other local improvements, shall make said assessment not only according to the frontage of the property against which the assessment may be made, but also according to the special benefit accruing to such property by reason of said improvement. Augusta, street improvements. Sec. II. Be it further enacted, That whenever any such assessments shall have been made, it shall be considered and construed to have been made according to the said special benefits as well as according to the frontage; provided, that any owner of any real estate against which such assessment may have been made, who may wish to contest the fact of special benefit, shall have the right to file an affidavit with the levying officer denying such special benefit, and all of such affidavits thus filed shall be returned to the superior court of Richmond 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 or delay. Assessments, how resisted.

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Sec. III. Be it further enacted, That all laws or parts thereof in conflict with this be, and the same are, hereby repealed. Approved December 20, 1899. BARNESVILLE, CHARTER AMENDED. No. 268. An Act to amend the charter of the town of Barnesville, to change the corporate name and extend its police powers beyond the waterworks; to confer additional powers on the mayor and council; to increase the term of penal servitude; establish a board of commissioners of public works; issue fi. fas. for water and light dues, and levy certain license taxes, 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 charter of the town of Barnesville be amended as provided by each of the several sections of this Act, and by changing the corporate name, The mayor and council of Barnesville, to The city of Barnesville, and under the latter name and style the mayor and aldermen shall be a body politic, and shall be vested with and exercise all the rights, powers and muncipal functions granted by the former charter and amendments thereto of said town, and shall be liable for all debts lawfully contracted by the corporate authorities thereof, and own and possess all the property, including choses in action, belonging to said town in the same manner as if such debts had been contracted and said property had been acquired in the name of the city of Barnesville. Barnesville, corporate name and powers. Sec. 2. Be it further enacted by the authority aforesaid, That the police power of said city of Barnesville shall extend in a northern and northeastern direction one-half mile beyond the corporate limits of said city, so as to include the water-works and electric light plants, extending a quarter of a mile west of the pumping station and a quarter of a mile east of the reservoir. The mayor and council shall have authority over the strip of territory lying between these boundaries, to preserve the peace and maintain order therein the same as if it was in the incorporate limits, and to prohibit, by penal ordinance, any person from trespassing upon or damaging the city's water-works and electric light plant,

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from polluting the water or in any manner interfering with the transmission of water or electricity. Limits of police powers. Sec. 3. Be it further enacted by the authority aforesaid, That the mayor and council shall have power to enforce the prompt payment of debts due the city of Barnesville for water and electric lights, and for this purpose may require the clerk and treasurer of said city to issue fi. fas. instanter as for taxes against any person or persons so indebted; such fi. fas. when so issued shall proceed and be executed in the same manner as tax fi. fas. for city taxes are collected by levy and sale. The defendant in said fi. fa. shall have the right to file an illegality to the same, returnable to the justice's or city court of Barnesville district, to be heard and determined as other cases. Claims for water and for electric lights, how collected. Sec. 4. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Barnesville shall have authority to establish, and at their discretion may establish, a board of commissioners of public works to manage and operate the water-works and electric light plant and other public works of said city, under the supervisory control of the mayor and council; provided, that said board of commissioners shall be elected by the qualified voters of said city when so established, and their successors also shall be elected. Commissioners of public works. Sec. 5. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Barnesville shall have power and authority to enforce the payment of fines for the violation of city ordinances by compelling parties who fail or refuse to pay such fines to work on the streets or public works not exceeding sixty days, and all sentences may be in the alternative. Ordinanc's, how enforced. Sec. 6. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Barnesviile, besides the power to issue licenses as heretofore granted by charter, shall have authority to license, regulate and control hacks, drays, or other vehicles carrying persons or freight for hire; all agents in any kind of business or soliciting orders; itinerant traders in musical instruments, jewelry, or any other goods, wares or merchandise; itinerant venders of any article or thing of value; venders of fresh meats, keepers of slaughter pens, meat markets or green groceries; dealers in fish, oysters, vegetables, fruits, bread, or other food; dealers in coal, wood or other fuel; pawnbrokers, and any other business subject to State license; and to enforce payments of license taxes by penal ordinance, and to regulate and control any of these business transactions when made without payment of license tax. License tax.

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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 16, 1899. BOSTON, TOWN OF, MUNICIPAL ELECTIONS. No. 303. An Act to provide for the registration for voters to vote at the municipal elections in the town of Boston, Georgia; to fix, regulate and determine the time, place and manner in which such election shall be held; to prescribe the qualifications of voters at all such elections, and to provide suitable penalties for all violations thereof, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act no one shall be allowed to vote at any municipal election in the town of Boston, Thomas county, Georgia, who is not a registered voter in said town. Boston, qualified voters. Sec. II. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the election for mayor and aldermen shall be held at the time and place, and in the manner now prescribed by the charter of said town of Boston and the ordinance passed in pursuance thereof, except only those who have registered as hereinafter prescribed shall be entitled to vote. Elections, when, where and how held. Sec. III. Be it further enacted by the authority aforesaid, That the clerk of the town council shall open the books for the registration of voters sixty days prior to the date of the election, and keep them open each day, Sundays excepted, for thirty days, for and during such honrs as the authorities of said town shall by ordinance prescribe, and during that time he shall receive and register all male citizens of said town who are qualified to register as voters under the laws of this State, and who will take the oath required of voters in Thomas county, who register for the election for members of the General Assembly, and in addition thereto will swear that he has paid all taxes required of him, including license and street taxes, by said town, and has resided in said town for six months previous to said time of registration. The clerk is hereby

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authorized to administer said oaths, and to require any applicant to answer under oath any and all questions touching his right to register which said clerk may see fit to put to him, and said clerk may refuse to register any applicant of whose right to register he is not fully satisfied. Registration of voters. Sec. IV. Be it further enacted by the authority aforesaid, That the town authorities may prescribe such rules and regulations regarding the revision and publication and the furnishing of lists of registered voters for the managers of elections as to them shall seem right and proper. Lists of registered voters. Sec. V. Be it further enacted by the authority aforesaid, That any one swearing falsely as to his qualification as a voter in order to register, or voting when not entitled so to do so, shall be guilty of a misdemeanor, and shall be punished as prescribed in the Volume III. of the Code of Georgia of 1895, section 1039. Illegal voting. Sec. VI. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899. CEDARTOWN, CHARTER AMENDED. No. 335. An Act to amend an Act entitled an Act to amend, consolidate and supersede the several Acts incorporating the city of Cedartown in the county of Polk, to confer additional powers on the corporate authorities thereof, and otherwise to amend the charter of said city, to provide a new charter for the same, and for other purposes, approved December 13, 1898, so as to confer upon the mayor and council of Cedartown the right and power to grant authority to any person or corporation the right to use the streets and sidewalks of said town for the purposes of laying out, constructing, and operating tramways, dummy lines, street-car lines, telegraph and telephone lines, upon such terms as the said mayor and council may determine, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the Mayor and Aldermen

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of the city of Cedartown shall have the power and authority by proper ordinances, and upon such terms as the said Mayor and Council may determine, to grant franchises to any person or corporation the right to use the streets and sidewalks of said town for the purpose of laying out, constructing and operating tramways, dummy lines, street-car lines, telegraph and telephone lines. The said tramways, dummy lines or street-car lines may be run and operated by horse-power, steam-power or electricity, or such other motive power as in their discretion may be desirable. Cedartown. Franchises. Sec. II. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved December 20, 1899. CEDARTOWN, CHARTER AMENDED. No. 337. An Act to alter and amend the charter of the city of Cedartown in Polk county as incorporated in the Act of the General Assembly of Georgia approved December 13th, 1898, so as to provide that the clerk of said city shall have no vote, and to provide further that the mayor of said city shall not have any vote in the meetings of the mayor and aldermen except in case of a tie vote of the aldermen present, and to further provide that no person can become a qualified voter in any ward of said city unless he shall have resided in such ward thirty days prior to the election at which he offers to vote, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That section I. of the charter of the city of Cedartown, as incorporated in the Act of the General Assembly of Georgia incorporating said city, approved December 13th, 1898, be, and the same is, hereby amended by adding to section I. of said charter the following words: Said clerk shall in no case be allowed to vote on any question or measure coming before said body, and that the mayor shall only be allowed a vote in case of a tie vote of the aldermen present; provided, that this Act shall not affect any right to vote which the present mayor and clerk may now have under the charter of the city during their present terms of office. Vote of clerk and mayor.

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Sec. II. Be it further enacted, That section VIII. of said charter as contained in said Act be, and the same is, hereby amended by striking out the word three in said section VIII. and substituting in lieu thereof the word thirty between the words ward in the next to the last line of the said section, and the words days in the last line of said section, so that said section, when so amended, shall read as follows: Section VIII. Be it further enacted, That all persons qualified to vote for members of the Legislature, and who shall have paid all taxes legally imposed and demanded by the authorities of the city, and shall have resided three months within the city prior to the opening of the registration lists and registers as hereinafter provided for, shall bequalified to vote at said election for mayor and clerk and for aldermen when he has resided in his ward thirty days preceding the election. Qualified voters. Sec. III. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899. CLARKESVILLE, CHARTER AMENDED. No. 399. An Act to amend the charter of the city of Clarkesville; to authorize the mayor and council of said city to order an election upon the question of establishing public schools in said city; to prescribe for the government and regulation of the same, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the charter of the city of Clarkesville be, and the same is, hereby amended so as to authorize the mayor and council of said city of Clarkesville to establish in said city a system of public schools to be conducted, maintained, supported and provided for in the manner prescribed in this Act. Clarkesville. Public school. Sec. II. Be it further enacted by the authority aforesaid, That in conformity with article 8, section 4, paragraph 1 of the Constitution, when the mayor and council of said city shall recommend that a system of public schools be established and maintained

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in said city by carrying into effect this Act, an election shall be held in said city on the day to be appointed by the mayor and council of said city on the question of local taxation for the support of said system of public schools, and all persons resident in the said city of Clarkesville, who are qualified to vote for members of the General Assembly, shall be entitled to a vote in the election herein provided. All voters who favor the adoption of provisions of this Act shall have written or printed on their ballots For Public Schools, and those opposed shall have written or printed on their ballots the words Against Public Schools, and in case two-thirds of the qualified voters in said city shall in said election vote for public schools, then it shall be the duty of the mayor and council of said city annually to raise by taxation a sum sufficient to carry out the purposes of this Act. Notice of said election shall be given by the mayor of said city (in a newspaper published in said city) once a week for two weeks next preceding said election. In case two-thirds of the qualified voters of said city do not vote for public schools in any election held under this Act, an election may be held in said city by order of the mayor and council of said city annually, until the provisions of this Act are adopted by a vote of two-thirds for public schools. The managers of each election provided for in this Act shall count the votes and return all the papers to the mayor and council, who shall declare the result, certify to the same, and publish it one time in a newspaper published in said city. Before declaring and certifying to the result for publication said mayor and council shall wait until twelve o'clock M. on the day after the election, and if no notice of contest is given by that time no contest shall be had. If notice of contest is given as above allowed, the contest shall be heard by the mayor and council, who shall hear and determine the same and publish the result as above stated. Election for. Sec. III. Be it further enacted by the authority aforesaid, That in case two-thirds majority of the qualified voters of said city in any one of said elections shall vote for public schools, the mayor and council of said city shall elect five citizens of said town as a board of education, with the right in them and their successors to take and hold in trust for school purposes in said city any grant, conveyance or devise of lands, or any donation, gift or bequest of money or other personal property made to them for educational purposes; that said board of education so elected shall hold their office until the next regular election for mayor and council of said city, and that at said next general election under the same regulation

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and rules as the mayor and council are elected there shall be elected five members of a board of education, and those receiving the highest number of votes in said election shall be declared elected. That at said election the member receiving the highest vote shall hold his office for three years, the two next highest shall hold two years each, and the two next highest shall hold one year each. Each member shall hold over after the expiration of his term until his successor is elected and qualified. The elections to fill vacancies on the board occurring annually by expiration of terms shall be held annually on the same day that municipal elections of said city are held, at the same time, subject to the same regulations, and by the same managers as said municipal elections for the election of mayor and council, and those receiving the highest number of votes shall be declared elected. All vacancies otherwise than by the expiration of terms shall be filled by the remaining members of the board. If from any cause an election is not held on the designated day, the board of education shall appoint a day and give notice thereof in a public gazette once a week for two weeks next preceding the election. All members elected to succeed those whose terms have expired shall be elected for a term of three years and until their successors are elected and qualified, and those elected by the board to fill unexpired terms shall hold for the balance of said unexpired terms. Board of education. Sec. IV. Be it further enacted by the authority aforesaid, That said board of education shall be a body corporate with the right to sue and be sued, plead and be impleaded in any of the courts of this State. Corporate rights. Sec. V. Be it further enacted by the authority aforesaid, That the Board of Education shall have power to appoint such principal and such number of assistant teachers as they may deem necessary; to remove any principal, or any of the teachers, when they consider it to be the interest of the school to do so; to fix the salaries of the principal and assistants and the mode and time of payment; to prescribe the course of studies; and shall adopt such rules and regulations as may be necessary for the successful conduct of said schools, and shall have general oversight and management of the schools, and shall do such other acts not inconsistent with the laws of this State as may promote the efficiency of the system of education under their charge. Teachers. Rules. Sec. VI. Be it further enacted by the authority aforesaid, That said board shall organize, by electing from this number a president, a vice-president, secretary and treasurer. The secretary and

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treasurer shall keep a record of all the acts of the board and keep the records thereof open to the inspection of all the citizens of said city. The treasurer shall give bond for the safe keeping and disbursement of the funds in his charge, the amount of the bond and the sufficiency of the security to be judged by said board of education. Said bond shall be made payable to the board of education of said city, and the said board is authorized to sue thereon to recover for any breach thereof, and any expenses incurred by said board of education in carrying out any of the provisions of this Act shall be paidout of any funds in the treasuary of said board of education. It shall not be lawful for said secretary and treasurer to pay out any funds except by order of the board. The majority of said board shall constitute a quorum in the transaction of any and all business. Officers. Sec. VII. Be it further enacted by the authority aforesaid, That the schools established by authority of this Act shall be free to all the children residing within the corporate limits of the city of Clarkesville. Children of non-residents may be admitted to said school upon such terms as may be prescribed by said board of education. Schools free. Sec. VIII. Be it further enacted by the authority aforesaid, that provisions shall be made under this Act by said board for the education of all children, both white and colored, in said city, but separate schools shall be provided for white and colored children. Separate schools for white and colored. Sec. IX. Be it further enacted by the authority aforesaid, that the amount of the public school fund of Habersham county to be paid to the city of Clarkesville shall be estimated according to the ratio that the school population of the said city of Clarkesville bears to the school population of Habersham county, as shown by the latest school census; and the teachers of the public schools of the city of Clarkesville shall make out reports of the attendance of non-resident children entitled to draw the State school fund, and when said reports are passed upon by the county school board and approved by them, the county school commissioner shall pay over to the treasurer of the city school board of the city of Clarkesville its pro rata share of said non-resident pupils, which amount the said school commissioner shall turn over to the treasurer of said board, and such fund shall be applied to the maintenance of said public schools according to the provisions of this Act; and it shall further be the duty of said treasurer to receive from the mayor and council of said city all money raised by them by taxation under this Act or otherwise, to be applied and appropriated under the

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direction of said board according to the provisions of this Act; and it shall be the duty of said mayor and council to turn over to said treasurer said funds on the order of said board, and the treasurer of said board shall also receive the incidental fees and other proceeds of said school and report the same to the board at each meeting thereof. School fund. Sec. X. Be it further enacted by the authority aforesaid, That said Board of Education shall determine as early as practicable after the beginning of the scholastic year what amount of money it will be necessary to raise by taxation to defray the expenses of running said public school for the ensuing year, and it shall lay the same before the mayor and council of the city of Clarkesville, and it shall be the duty of said mayor and council to proceed to levy and collect the same; and when collected the collecting officer of said mayor and council shall pay the same over to the board of education, which shall then constitute a fund to be expended by said board in payment of teachers and other expenses incidental thereto. School tax. Sec. XI. Be it further enacted by the authority aforesaid, That the board of education shall provide a system of graded schools for a term of not less than eight scholastic months in each year. Graded schools. Sec. XII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899. CORDELE, CHARTER AMENDED. No. 299. An Act to amend an Act entitled an Act to incorporate the city of Cordele, in the county of Dooly, define its limits, prescribe its municipal powers and privileges, and for other purposes, approved December 22, 1888, concerning the election laws of said city, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the above recited Act to incorporate the city of Cordele, approved December 22, 1888, be, and the same is, hereby amended by adding at the end of the fourth section

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thereof, in reference to the election and certificates of election of mayor and aldermen, the following proviso, to wit: provided, however, that such certificates of election and of the result of election shall not be issued by the managers until after the expiration of five days from the election; and provided further, that the officers elected shall not be sworn in nor assume the duties of their respective offices until twenty days after the issue of such certificates. That it shall be the duty of the managers, at any election held under the provisions of this law, after the ballots have been counted and the results have been ascertained, to replace all the ballots in the ballot box, together with a list of the voters and at least one tally-sheet, and carefully seal the same and deposit the same with the clerk of superior court of said county of Dooly, who shall carefully preserve the same and deliver it as only herein provided. Cordele. Certificates of elections. Sec. II. Be it further enacted, That in the event any one desires to contest any election held in said town, said contest shall be conducted under the rules and regulations now prescribed by law, and it shall be the duty of the said clerk of the superior court to produce said box and deliver it to the justice of the peace, who shall be selected to take evidence in said case or before such other officer as may be designated by law to take testimony in the contest. The said clerk shall produce said box and said contents at the time and place fixed for taking testimony in said contest. And whenever he is required to produce said box and said contents, he shall be allowed five dollars for such service to be paid out of the treasury of the said city of Cordele. Contested elections. Sec. III. Be it further enacted, That in the event any contest for any of said officers is instituted, that the said certificates of election shall not be delivered to the managers of said election until said contest is heard and determined as now required by law. And it shall be the duty of the officers in commission at the time said election is held to continue to dischargs the duties of their respective offices until said contest is heard and determined. Contest, how determined. Sec. IV. Be it further enacted, That if the election managers should violate any of the provisions of this Act, they shall jointly and severally be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in section 1039 of the Code. Penalty for violating this act. Sec. V. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899.

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CRAWFORDVILLE, CHARTER AMENDED. No. 307. An Act to amend the charter of the town of Crawfordville in Taliaferro county, so as to authorize and empower the town council of said town of Crawfordville to make annually appropriations to public schools in said town of Crawfordville. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That on and after the passage of this Act the charter of the town of Crawfordville, in Taliaferro county, Georgia, shall be so amended as to authorize and empower the town council of said incorporation to make annually from any and all funds in the treasury of said town of Crawfordville such appropriations as said council of said town of Crawfordville may in its discretion be able to any and all public schools now situated or that may hereafter be situated in said town of Crawfordville, for educational purposes. Crawfordville. Support of public schools. Sec. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899. CUTHBERT, CHARTER AMENDED. No. 324. An Act to amend the charter of the city of Cuthbert, so as to provide for election of superintendent of water-works and electric lights, and fix duties and compensation; to authorize the issuance of executions for collection of amounts due the city of Cuthbert for water rents and electric lights; for election of chief engineer, fire department and water-works; to fix his duties and compensation; to punish trespassers upon property of the city water-works and electric light plants for damage thereto or pollution of water supplying water station within one mile of same; to authorize and empower superintendent of water-works and electric light plants to arrest any person trespassing or in any way damaging city water-works or electric light property, or polluting the water supply of said city; to

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levy and collect ad valorem taxes sufficient to meet ordinary and extraordinary expenses of city government of Cuthbert, and to provide a sinking fund to retire bonds; to assess, levy, and collect a license of all kind of business and entertainment carried on in said city, not exempted by State law, and to issue executions instanter to enforce same. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the charter of the city of Cuthbert, in Randolph county, be, and the same is, hereby amended as follows: Cuthbert. Sec. II. That the mayor and council of the city of Cuthbert, shall at the first meeting in January each year, and the usual time of electing officers for said city, elect a superintendent of water-works and electric lights, who shall hold his office for one year until his successor shall qualify, unless removed by said mayor and council for neglect of duty or malpractice in office, which may be done in the same manner as any other officer of said city is removed. The duties of said superintendent shall be to have the care of water-works and electric light plants; to aid in and see to the proper running and care of machinery; to look after the accounts due the water rents and electric lights, when he may be so required, and to do any and all other things pertaining to said electric lights, water-works, that may be required of him by the mayor and council of said city. He shall receive such compensation as may be allowed and assessed by the mayor and council of said city of Cuthbert. Superintendent of water-works and electric lights, duties of. Sec. III. Be it further enacted by the authority aforesaid, That the said mayor and council shall have authority to issue executions for collections of amounts due the city of Cuthbert for water rents and electric lights, in the same manner as tax executions are now issued by said city, which said executions shall be recorded as tax executions shall be levied by the marshal of said city, and shall be a lien on all property against whom they are issued from the date of their record in city tax execution docket, and any and all sales thereunto shall be as other tax executions, and the purchaser shall acquire a title thereunto as in other sales of property under tax executions. Municipal claims, how collected. Sec. IV. Be it further enacted by the authority aforesaid, That said mayor and council of the city of Cuthbert shall at the first meeting in January in each year, and the usual time of electing officers for said city, elect a chief engineer of the fire department

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and water-works of said city, whose duty it shall be to see that all machinery of the fire department of said city, and all machinery of water-works of said city, are kept in good condition and properly cared for, and to this end he shall report to the mayor and council any dereliction of duty or want of proper care of said machinery, on the part of the superintendent of water works and electric lights, or other officers of said city, charged with care of said machinery. Said chief engineer shall receive such salary as the mayor and council may determine; said chief engineer may hold any other position in said city government, the duties of which do not conflict therewith. Chief engineer, duties of. Salary. Sec. V. Be it further enacted by the authority of the same, That said mayor and council shall have authority, and are hereby authorized to levy and collect an ad valorem tax, for each year sufficient to meet the ordinary and extraordinary expenses of the city government, and to provide a sinking fund to retire the bonds issued by the city government, said levy at no time to exceed twelve dollars on the thousand. Ad valorem tax. Sec. VI. Be it further enacted by the authority of the same, That said mayor and council of city of Cuthbert shall have authority, and they are hereby authorized to levy and collect a license or business tax upon each and every kind of business and entertainment carried on in said city, not exempted by State law, which said tax or license shall be fixed by ordinance at the first meeting after election of officers in each year, and shall be duly published as now provided by law; and that the collection of such business tax or license may be enforced as other taxes due said city. That the clerk shall, on default in payment of said business tax or license, issue, instanter, execution thereof, which may and shall be enforced as other tax executions due the city. License tax. Sec. VII. Be it further enacted by authority aforesaid, That any person trespassing upon water-works, electric light property of city of Cuthbert, or damaging said property in any manner, or polluting in any manner the water supply of said water-works station within one mile of said station, shall be guilty of a misdemeanor, and on conviction shall be punished as provided in section 1039 of the Code of Georgia. Penalty for trespass. Sec. VIII. Be it further enacted by authority of the same, That the superintendent of water-works and electric light plant of city of Cuthbert is hereby clothed with police power to arrest any and all persons, whether in the corporate limits of said city or without said corporate limits, who may be detected in damaging said electric

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light plant or water-works property of city of Cuthbert, or who may be detected in polluting the water supply of said city, within one mile of water-works station. Said superintendent shall, immediately upon making any arrest, deliver such person or persons over to the county jail of Randolph county, or to the marshal of said city, to be dealt with as hereinbefore provided. Powers of Superintendent. Sec. IX. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 21, 1899. DAHLONEGA, NEW CHARTER. No. 251. An Act to amend the several Acts incorporating the town of Dahlonega, as well as the Acts amendatory thereof, and to reincorporate the town of Dahlonega as the City of Dahlonega, and to grant a new charter to said City of Dahlonega, and to supersede and abrogate all previous charters of said town, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the town of Dahlonega be, and the same is, hereby reincorporated under the name and style of the City of Dahlonega, and the several acts incorporating said town, as well as the acts amendatory thereof, be so amended, superseded and changed as that the charter of said City of Dahlonega shall be as follows: Dahlonega, city of, incorporated. The municipal government of the city of Dahlonega shall consist of a mayor and six aldermen, who are hereby constituted a body corporate, under the name and style of the City of Dahlonega, and by that name and style shall have perpetual succession, with power to make such ordinances, resolutions and by-laws for municipal purposes, as may be deemed proper, not in conflict with this charter nor the constitution and laws of this State, nor of the United States, and with power in and by said corporate to contract and be contracted with, sue and be sued, plead and be impleaded, in all courts of this State, and do all other acts relating to its corporate capacity; and shall be able in law to purchase, hold, receive, enjoy possess and retain for the use and benefit of the said City of Dahlonega

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any property, estate, real or personal, lands, tenements' hereditaments, of whatever kind or nature soever, within the limits or without the limits of said city, for corporate purposes, and to hold same as well as all property and effects now belonging to said town of Dahlonega for the purposes and intents for which the same was granted or dedicated; and to use, manage, sell, convey, rent or lease any of said property or effects at the will and pleasure of the mayor and aldermen. All ordinances, rules and regulations heretofore adopted in said town and now in force shall continue in operation until the same are repealed, amended and codified by the said mayor and aldermen, provided the same are not in conflict with the provisions of this Act. Mayor and aldermen, powers and duties. Sec. II. Be it further enacted by the authority aforesaid, That the corporate limits of said city shall extend one mile in every direction from the present courthouse as now located therein, and shall include all persons and property within a radius of that distance. Corporate limits. Sec. III. Be it further enacted by the authority aforesaid, That an election shall be held at the courthouse in the City of Dahlonega, on the third Saturday in December annually. On the third Saturday in December, 1899, a mayor and six aldermen shall be elected. Said mayor shall be elected for a term of two years, three of said aldermen shall be elected for one year and three of said aldermen shall be elected for two years, the aldermen elected for one year to be so designated on the tickets voted, and the aldermen elected for two years to be so designated on the tickets voted; on the third Saturday in December, 1900, and every two years thereafter, three aldermen shall be elected to serve for two years and until their successors are elected and qualified; and on the third Saturday in December, 1901, and every two years thereafter a mayor and three aldermen shall be elected to serve for two years and until their successors are elected and qualified. The term of office of said mayor and aldermen shall begin on the first Monday in January immediately succeeding their election. Mayor and aldermen, election of. Terms of. Sec. IV. Be it further enacted by the authority aforesaid, That said City of Dahlonega shall be divided into three wards to be known as wards numbers 1, 2, and 3, respectively, as follows, that is to say: Ward 1 shall consist of all that part of said city lying southwest of the middle of Chestatee street and its extension Hill street. Ward 2 shall consist of all that part of said city lying within the territory bounded by the middle of Hill street on the southwest and the middle of Clarkesville street on the southeast and

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shall include the north side and northeast corner of the public square and the courthouse. Ward 3 shall consist of all that part of said city not included in wards 1 and 2; the limits of said wards in each case to extend to the corporate limits of said city. Wards. Of the said aldermen so to be elected for said city not exceeding two shall reside in any one of said wards, and at the first election hereinbefore provided each ward shall be entitled to one long term and one short term alderman, and thereafter at each annual election each ward shall be entitled to one alderman. While said aldermen shall be so selected as that each of said wards shall at all times be represented by two aldermen; nevertheless, all of said aldermen shall be elected by the qualified voters of the entire city. Aldermen for. Sec. V. Be it enacted by the authority aforesaid, That all elections shall be superintended and managed by a justice of the peace or some other judicial officer and two freeholders, or by three freeholders, residents of said city, and before entering on their duties as managers of said elections they shall 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 other judicial officers, or freeholders (as the case may be), residing in the city of Dahlonega; that we will make a just and true return thereof, and 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, said oath to be signed by each manager in the capacity in which he acts. Said oath may be administered by any person in the county of Lumpkin qualified to administer oaths, or, if no such officer can be had, said superintendents or managers may swear each other. Managers of elections Oath of. Sec. VI. Be it 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 5 o'clock p. m., when they shall be closed, and the managers of said election 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 certificate of the result on each tally-sheet, and shall place one of said lists of voters and one of said tally-sheets, together with the ballots, in an envelope or box, and seal the same and deposit with the clerk of the superior court of Lumpkin county. The other list of voters and tally-sheet shall be filed by the managers with the clerk of the city council, for delivery to and inspection by said city council, who shall meet within (5) five days after said election

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is held and declare the result of the same. The clerk of the superior court and the clerk of the city council, after the expiration of sixty days from the time of said election, shall destroy said ballots and lists of voters without inspection; provided, no notice of contest be filed or pending. Polls. Election returns. Sec. VII. Be it enacted by the authority aforesaid, That all persons who shall have paid all taxes legally imposed and demanded by the city authorities, except taxes for the year in which the election is held, who have been bona fide residents of said city for six months previous to the time when the election is held, who have registered as qualified voters of the city, as hereinafter provided for, and who are qualified to vote for members of the General Assembly of Georgia (except registration in the registration book kept by the county tax-collector or registrar, shall not be considered a necessary qualification) shall be considered electors, and be entitled to vote in said city elections, and no other shall be qualified to vote. Qualified voters. Sec. VIII. Be it enacted by the authority aforesaid, That the clerk or treasurer, or such other person as may be designated by the city council, shall open a list or book for the registration of voters, ample notice of which shall be given by publication in the newspaper in which the sheriff's advertisements for the county of Lumpkin are published, or by posting at three or more public places in said city, for at least fifteen (15) days prior to any election, which list or book shall be finally and absolutely closed for registration five days before the election, after which time no person shall be allowed to register. Each and every person applying to be registered shall make oath before the registrar in whose possession is the list or book of registration, who is hereby authorized to administer the same, which oath shall be written or printed on said list or book of registration as follows: I do swear that I am twenty-one years of age, or will be by the time of the election next to be held in the city of Dahlonega. By the next municipal election in the city of Dahlonega I will have resided in the State of Georgia twelve months, in the county of Lumpkin six months, and in the city of Dahlonega six months. 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 of voters. Oath of voter. Sec. IX. Be it enacted by the authority aforesaid, That the registrar shall furnish the list or book of registration to the managers of the election, together with au alphabetical list of the names

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of the registered voters at the opening of the polls, and the managers shall be judges of the qualifications of all registered voters. List of voters. Sec. X. Be it enacted by the authority aforesaid, That if any person shall register on the list or book kept by the registrar as aforesaid, who is not entitled to register under the laws of said city, or if any person votes in any election in said city who is not legally entitled to vote under the laws of said city, he shall be guilty of a misdemeanor and shall be punished as prescribed in section 1039 of the Criminal Code of 1895, upon conviction, after indictment or presentment by the grand jury of the county of Lumpkin. Illegal registration or vote. Sec. XI. Be it enacted by the authority aforesaid, That at the election hereinbefore provided to be held in said city on the third Saturday in December, 1899, no registration shall be required as a prerequisite to voting, but the voters in said election shall in all other respects be qualified as hereinbefore provided. In all future elections, after said first election, said registration shall apply. First election. Sec. XII. Be it enacted by the authority aforesaid, That the mayor and aldermen of said city elected on the third Saturday in December, 1899, shall on the first Monday of January, 1900, be installed in office by taking and subscribing the following oath, which may be administered by any officer authorized by law to administer oaths: I do solemnly swear that I will faithfully discharge the duties devolved upon me as mayor (or alderman, as the case may be) of the city of Dahlonega, that I will faithfully execute and enforce the laws of said city, to the best of my ability, skill and knowledge, and that I will do all in my power to promote the general welfare of the inhabitants of said city and the common interests thereof. So help me God. And on the first Monday of January of each year thereafter the mayor and aldermen elect, or the aldermen elect, shall be installed in office by taking and subscribing said oath. Oath of mayor and aldermen. Sec. XIII. Be it further enacted by the aforesaid authority, 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, and in case of aldermen, removal beyond the limits of the ward from which such aldermen are selected shall

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vacate the office; and it is further provided that in case of vacancy in the office of alderman the council shall have the right to elect a qualified person to fill such vacancy without submitting the same to the vote of the people, and the person so elected shall hold such office until the next regular election. Vacancies. Sec. XIV. Be it enacted by the authority aforesaid, That the chief executive officer of the city of Dahlonega shall be the mayor, who shall be a citizen of the United States, a qualified elector, a resident of the city of Dahlonega, and shall hold his office for two years, and until his successor is elected and qualified. All the aldermen of said city shall be citizens of the United States and qualified electors residing in said city of Dahlonega. Qualifications of mayor and aldermen. Sec. XV. Be it further enacted by the authority aforesaid, That the mayor shall preside at the meetings of the city council, but shall not be allowed to vote except in the elections by the council of the officers of said city. The mayor shall have the right and power to veto any ordinance or resolution or appropriation passed by the council. All ordinances or resolutions passed by the city council shall be transmitted by the clerk of the council to the mayor of the city, and the same shall not become operative as a resolution or ordinance of the city council unless the same is approved by the mayor and returned to the city council by its next regular meeting, or unless the mayor fails by the next regular meeting of said city council to approve or disapprove such resolution or ordinance. In case said mayor should disapprove such ordinance or resolution, such ordinance or resolution shall be reconsidered by the city council, and in case it receives a two-thirds vote of the whole council it shall become a law, and no ordinance, resolution, appropriation or other matter shall be considered as having been passed or adopted by said council unless the same receives the vote of a majority of all the aldermen elected. Mayor's veto power. Sec. XVI. Be it enacted by the authority aforesaid, That the mayor of said city shall see that all the laws, ordinances and resolutions of the city are faithfully executed and enforced, and that all the officers of the city shall faithfully discharge the duties required of them; be shall have general jurisdiction of the affairs of the city; he may exercise within the city limits the powers conferred upon sheriff and constables to suppress disorder and keep the peace; he shall have power, when necessary, to call on every male inhabitant of the city, over eighteen years of age, to aid in suppressing riot or disorderly assemblages of any kind, or to aid in enforcing the laws and ordinances of the city; he shall have

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power to inspect the books, records and papers of any agent, employee or officer of the city; he shall from time to time, and at the end of each official year, give the city council information relative to the affairs of the city, and shall recommend for the consideration of the city council such measures as he may deem expedient. Mayor, powers and duties. Sec. XVII. Be it enacted by the authority aforesaid, That the city council shall, at the first meeting of the same after election and qualification, elect the police officers of the city, a clerk and treasurer, who shall hold their office for one year, unless convicted before the mayor and council of failure to discharge their several duties, and until their successors are elected and qualified. The city council shall also, at said first meeting after their election and qualification, elect one of their members as mayor pro tem., who shall, in the absence of the mayor, be the presiding officer of the city council, and shall be allowed to vote on all questions, and who shall, in the absence or disqualification of the mayor exercise all the functions of the office of mayor; 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, or when the mayor from sickness or from some other reason is unable to act. Officers of city. Sec. XVIII. Be it enacted by the authority aforesaid, That at said first meeting of the city council they shall fix the salaries of the police officers of the city and of the clerk and treasurer of the council, the salaries to remain fixed and unchanged for the year, and shall require of each of the subordinate officers of the council an oath provided by ordinance for the faithful performance of their several duties, and a bond and security in such sum as may be fixed by ordinance for the diligent and faithful performance of the duties of their several offices. Salaries of officers. Sec. XIX. Be it enacted by the authority aforesaid, That said mayor and aldermen shall, by their first regular meeting in March of each and every year, appoint or elect a tax assessor or assessors, should more than one be necessary, who shall each be aldermen, to assess the taxable real estate of said town, and to receive the returns of personal property under oath and assess the same for taxes, and perform such other service as may be, by ordinance, required in connection with said office. It shall be the duty of said tax-assessor or assessors to place a just, fair and equitable valuation on property within the corporate limits of said town, and when the owner of personal property fails to return same for taxation it shall be their duty to place a just, fair and equitable valuation on

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same and double the said valuation, and enter said double valuation upon the tax digest, with an entry thereon showing that the same was double taxed. The tax-assessor, or assessors, shall give notice by publication in the newspaper in which the legal advertisements of Lumpkin county are published, once a week for two weeks, of the time when they will begin receiving tax returns, and the time when the books for receiving same will be closed. In no event shall the books for receiving same be kept open for less than thirty days. Tax-assessors. Sec. XX. Be it enacted by the authority aforesaid, That should any property owner be dissatisfied with the assessment of his or her property, he or she shall have the right to appeal from said assessment to the city council; provided, such appeal be made within thirty days from the time fixed for the return of the assessor, or assessors, of the tax digest, to the city council, which return shall be made by the first of June each year. Appeals from assessors. Sec. XXI. Be it enacted by the authority aforesaid, That the mayor, or in his absence or disqualification, the mayor pro tem., or in case of the absence or disqualification of both the mayor and the mayor pro tem., any member of the city council may hold the mayor's court for the trial of all offenders against the laws and ordinances of said city as often as necessary. Said court shall have the power to preserve order, compel the attendance of witnesses and punish for contempt. The punishment for any violation of a city law, ordinance or rule, or for contempt, shall be a fine not exceeding one hundred dollars, imprisonment in the guard house or county jail, by permission of the county authorities, not exceeding ninety days, work on the street chain-gang or other public works of the city under the supervision of the chief of police or marshals of the city, not exceeding ninety days, one or more or all of these, at the discretion of the trial court, and in addition thereto such costs of the proceedings as may be incurred. Any person convicted before the mayor, mayor pro tem., or any member of the city council sitting as a mayor's court, for any violation of the laws or ordinances of the town, may enter an appeal from the judgment of said court to the mayor and aldermen of the city sitting in council, provided the appeal be entered instanter; and provided, that all costs are first paid and bond given to abide the decision of said council; and any person convicted on such appeal by the mayor and aldermen sitting in council may have the right of certiorari to the superior court of Lumpkin county; provided, that all costs are first paid and bond given in double the

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amount of the fine imposed, which bond shall be approved by the mayor, for the appearance of the defendants to answer the final judgment or decree of the court; provided, that nothing in this section shall prevent the applicant for certiorari from filing the proper pauper affidavit in lieu of the payment of costs or giving the bond as now required by law, but in such case the defendant may be committed to the guard-house or jail pending the hearing of the certiorari. Mayor's court, jurisdiction. Sec. XXII. Be it enacted by the authority aforesaid, That the mayor of said city is hereby authorized to issue warrants for the arrest of all persons charged upon affidavits before him made with having committed, within the limits of the city of Dahlonega offenses against any penal law of this State, and to take the examination of such persons, and the same to discharge or commit to prison or let to bail, according to law, to answer such charge before the proper court having jurisdiction, in the same manner as justices of the peace of the several counties of the State now or hereafter may have by law, all of which warrants shall be addressed to The Chief of Police of Dahlonega, or any Marshal, or Deputy Marshal thereof, and to all and singular, the Sheriff, 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 the State have to execute criminal warrants. Mayor may issue warrants for arrest. Sec. XXIII. Be it enacted by the authority aforesaid, That if on the trial of any person before the mayor, mayor pro tem., or mayor and aldermen sitting in council for a violation of any ordinance or law of the city, it shall appear that such person is probably guilty of an offense against the penal laws of the State, it shall be the duty of the court trying such person to commit such person to prison or let to bail to answer before the court having jurisdiction of the same for the offense committed. Commitments. Sec. XXIV. Be it enacted by the authority aforesaid, That it shall be lawful for the chief of police of the city, the marshal or any special policeman lawfully appointed, to arrest without warrant any and all persons within the corporate limits of said city who are at the time of said arrest, or who before that time have been, guilty within said limits of disorderly conduct, public indecency, quarreling, fighting, or a violation of any of the laws or ordinances of said city, and to hold said person so arrested until a hearing of the matter before the proper officer can be had; and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the city guard-house or

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in the common jail of Lumpkin county, for a reasonable length of time. Said chief of police, marshals or any special policemen may have power and authority to call to his assistance, to arrest and detain such offenders the sheriff of Lumpkin county or his deputies, or any constable of said county, or any by-standers, and such persons, when so summoned, shall be bound to aid and assist said officers, and should they fail to do so, they, or either of them, shall be liable to be prosecuted in the mayor's court, and upon conviction shall be punished as prescribed in section 21 of this Act. Police, powers of. Sec. XXV. Be it enacted by the authority aforesaid, That the chief of police, marshal or special policemen, shall have the right, power and privilege (though they shall not be compelled) to release any person arrested within the corporate limits of the city, upon said person giving a bond to be approved by the chief of police, marshal or the mayor of said city, payable to the city of Dahlonega, conditioned to pay the obligees in said bond an amount fixed by the chief of police, marshal or the mayor of said city, in the event said person arrested does not appear before the corporate authorities of the city at the time and place specified in the bond, and from time to time till said person arrested is tried for the offense for which he or she was arrested. Appearance bonds. Sec. XXVI. Be it enacted by the authority aforesaid, That if any person who has been arrested charged with a violation of any law or ordinance of the city of Dahlonega and has given bond for his appearance before the proper corporate authorities to answer such charge, fails to appear at the time and place fixed and recited in the bond, said bond shall be forfeited and a rule nisi directed to the principal and the securities shall issue, directing and requiring them to show cause before the mayor's court, at a sitting of said court to be held not less than sixty days from the time of the forfeiture nisi, why the bond shall not be absolutely forfeited, copies of which rule nisi shall be served upon the principal and sureties on the bond at least twenty days before the sitting of the court to which it is made returnable, either personally or by leaving same at the most notorious place of abode of the person upon whom service is perfected, or by publishing the same once a week for four weeks prior to the sitting of the court to which the same is made returnable, in the newspaper published in said city in which the sheriff's advertisements are published. If at such return term no sufficient cause be shown to the contrary, the forfeiture shall be made final and absolute, and execution shall issue

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against the principal and securities on said bond, or such of them as have been served, for the full amount thereof and all cost, which execution shall be signed by the clerk of the council and the mayor of said city, and shall have the same lien and binding effect upon the property of the defendants therein as execution issued upon the judgments in justices' or superior courts. Said executions shall be directed to the chief of police of the city of Dahlonega, or any marshal or deputy marshal thereof, and to all and singular the sheriffs, the deputy sheriffs or constables of this State, by any one of whom the same may be executed. Forfeiture of appearance bonds. Sec. XXVII. Be it enacted by the authority aforesaid, That the mayor and aldermen of said city are authorized to purchase real estate in the city of Dahlonega and erect thereon a building in which said corporate authorities and officers of said city may transact the public business of said city, and in which to keep the records, archives and property of said city, and a building for a city prison and guardhouse and such other buildings as may be necessary or convenient for carrying on the government of said city; that said mayor and aldermen are authorized to levy and collect a tax upon all the property, real and personal, within the limits of said city, not to exceed two-tenths of one per cent. per annum, with which to pay for said land and said buildings, out of said taxes so levied and collected; provided, however, that the city council shall not have the right or power to levy or collect said tax until the same is submitted to and approved by a majority of the qualified voters of the city of Dahlonega, and which election shall be held under the same rules and regulations and with the same notice required by the charter in case of an election to fill a vacancy in the office of mayor. Those favoring the levying of said tax shall vote in said election For levying tax, and those opposed to the same Against levying tax, and if a majority of the qualified voters vote in said election in favor of the levying of said tax, the mayor and council of said city shall be authorized to levy and collect the same. Public building. Tax for. Election. Sec. XXVIII. Be it enacted by the authority aforesaid, That all male persons over the age of sixteen years 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 said limits, each and every year, not exceeding ten days each year, or to pay a commutation tax each year in lieu of working said streets, alleys and sidewalks, not exceeding four dollars each year, and said mayor and aldermen shall have the

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right and power to compel said persons to work said streets, alleys and sidewalks not exceeding ten days each year, or to pay a commutation tax therefor not exceeding four dollars each year; and in the event any such persons fail to do such work, or to pay such commutation tax as may be fixed by the by-laws and ordinances of said city, after being notified by the chief of police, or marshal, or any policeman or marshal of said city, in writing, one day beforehand, to do said work or pay said tax, such persons, for such refusal or failure, shall be subject to be arrested by the chief of police, marshal, or any officer of said city, and punished on such charge being preferred against him in the mayor's court by being compelled to work on the streets, alleys and sidewalks of said city not exceeding thirty days, or to pay a fine of fifteen dollars, or less, or to be imprisoned in the city prison or guard-house not exceeding thirty days, or by being compelled to do either one or more, or all of these things, for each and every day he so fails and refuses. Work on streets. Commutation tax. Sec. XXIX. Be it enacted by the authority aforesaid, That the city council shall have the power to control the finances and property of the city; to appropriate money, and to provide for the payment of the debts and expenses of the corporation. City finances. Sec. XXX. Be it enacted by the authority aforesaid, That the city council shall have the power to levy and collect taxes for general and special purposes upon all real and personal property within said city; 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, and upon the inhabitants of said city who engage in, or offer or attempt to engage in, any profession, business or occupation in said city, and on such persons as live without the limits of said city, but who engage in, or attempt or offer to engage in any profession, business or occupation, not exempt by law, within the limits of said city, as said mayor and aldermen may deem expedient for the safety, benefit, convenience and advantage of said city. This tax shall be in the nature of a license, which must be paid in advance of practicing or engaging in such profession, trade, business or occupation; and the mayor or aldermen shall provide by ordinance for the punishment of all persons required by ordinances to pay such occupation tax, or take out license for same, who engage in or attempt to engage in such business, profession or occupation, before paying such tax or taking out such license, and complying fully with all the requirements of the city council made in reference thereto. Tax,

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Sec. XXXI. Be it enacted by the authority aforesaid, That the city council shall have power to require a license to be paid by all theatrical performances, shows, circuses, menageries and exhibition of any kind for gain, and upon all itinerant traders or peddlers, or vendors of patent or proprietary medicines, drugs, books, nostrums or devices of any kind; of all solicitors or canvassers selling goods, wares, merchandise or other things by retail to customers; of all agents of fire, accident or life insurance companies doing business in said city; and to provide by ordinance for the punishment of any person or persons who may engage in or attempt or offer to engage in such business or calling without first having taken out the license required by law, or for the collection of the license by issuing executions therefor as executions are issued and collected for ad valorem taxes. License. Sec. XXXII. Be it enacted by the authority aforesaid, That the clerk of the city council shall issue executions, which executions shall be countersigned by the mayor or mayor pro tem., for any and all taxes, or fines, or license fees, or assessments, or forfeitures, or demands, due said city or its corporate authorities, against any person owning the same, or any property subject thereto, directed to The chief of police of the city of Dahlonega, to any marshal thereof, and to all and singlar the sheriffs, deputy sheriffs and constables of this State, commanding them that of any property belonging to the persons against whom said execution issues, or of certain property described in the execution, to make by levy and sale thereof the amount due upon said execution and costs. Said execution shall have the same force and binding effects as other executions for taxes; in case it is for ad valorem taxes due the city, and in case it is for other licenses, forfeitures, fines or demands due the city, shall have the same force and binding effect as executions issued from superior courts and justice's courts of this State, and may be levied by any officer to whom it is directed upon any property in said State subject to said execution. The same rights and privileges shall belong to the person against whom said executions issue to file an illegality to said execution, and to any person not a party to said execution to file a claim to the property levied on and give bonds, as if said execution issued from a justice's or superior court of this state; and if the amount claimed on said execution is less than one hundred dollars, all the papers connected with the said claim or illegality case, shall be returned to the justice's court of the district in which the city of Dahlonega is situated for trial, and said claim or illegality case shall be there tried as claim or

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illegality cases are tried by law in said court. If the amount claimed on said execution is more than one hundred dollars, or the property levied on and claimed is real estate, then all the papers in said case shall be returned to the superior court of Lumpkin county, or in case the real estate levied on and claimed lies in some other county, then to the superior court of the county in which the real estate levied on and claimed is situated, in which court said case shall be tried and determined as such cases are by law tried and determined in said courts. The officers making sale under said execution shall execute titles to property sold and put the purchaser in possession of the same. Executions for municipal claims. Sec. XXXIII. Be it enacted by authority aforesaid, That the city council shall have the power and authority to provide by ordinance when the taxes of said town shall fall due, when the lien of the same shall begin, and tax executions shall be issued against all persons who have not paid their taxes by the time fixed and defined by ordinance. Taxes, when due. Sec. XXXIV. Be it enacted by the authority aforesaid, That the city council of said city shall have the right to condemn and appropriate, as hereinafter provided, private property for public use; to lay off and open new streets alleys, lanes or other ways for the convenience of the public, or any citizens of said city; to vacate, close, alter, widen, curb, pave and keep in good order and repair all streets, avenues, alleys, lanes and sidewalks, and to construct and keep in repair drains, sewers and gutters; to improve and light the streets, public parks, and grounds; to furnish water and lights for private use and charge therefor; to keep all public grounds, streets, sidewalks, alleys, lanes or other ways free from obstruction of any kind; to regulate the width of sidewalks and cross walks on the streets; to grade and change the grade of all streets, sidewalks, cross walks, avenues, alleys, lanes, or other ways; to require adjacent landowners or lessees to curb, pave or improve sidewalks at their own expense under direction of the authorities of said city, and upon failure of the land-owners or lessees to do so, the authorities of said city may have such work done and collect the cost thereof from adjacent land-owners or lessees by execution, as other taxes are collected, and the said city council have the right and power to dispose of by sale or otherwise any streets, lanes or alleys of said city not needed for the purposes of said city, provided that before any such street, lane or alley can be sold or otherwise disposed of said city council shall first obtain the consent in writing of every person who may own real estate abutting the same. Streets.

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Sec. XXXV. Be it enacted by the authority aforesaid, That in all cases where the authorities of said city see proper to open any new street, or to widen any street, lane or alley, or in any way to change the same, it shall be lawful for them to have said street, lane or alley, or the proposed change in same surveyed and marked; and before proceeding to open they shall give notice in writing to the owner of the land through which said street, lane or alley is to be opened, widened or changed, twenty days, during which it shall be lawful for such owner, his agent or attorney, in case he cannot agree with said authority as to the amount of damages, to file objections to the opening of said new street, lane or alley, or to widening or changing the old street, lane or alley, and make claim for damages which may result to such owner. In case no objection and claim for damages is filed within said twenty days, it shall be lawful for the city council to proceed at once to open said street, lane or alley, or to make such change in any old one agreeable to the survey made before the commencement of the proceedings, and the owner of the land through which said new street runs, or such change is proposed to be made, shall be estopped from thereafter claiming any damages by reason of opening said new street, or changing or widening any old one. In case objections are filed and damages claimed, it shall be the duty of the mayor of said city to select one disinterested freeholder, resident in said city, and the owner or his agent shall select another, and they two a third (and in case the said owner shall refuse to select an assessor, the ordinary of Lumpkin county shall appoint one for him, on application to him reciting said fact by the mayor of said city), and the three assessors so chosen, after having such evidence as may be offered by either party, shall proceed to assess the damages resulting therefrom; provided, either party being dissatisfied with said award, shall have the right to appeal from the same to a jury in the superior court of Lumpkin county, under the law governing appeals in other cases; provided, that in no case shall such appeal retard the work desired to be done if said city shall pay the damaged party the amount of damages awarded, or in the event of his refusal to accept the same shall deposit the same with said ordinary for him. Street improvements, damages for. Sec. XXXVI. Be it enacted by the authority aforesaid, That the city council shall have the right and power to regulate the use of all sidewalks, crosswalks and structures over or under the same, to require the owner or occupant of any premises to keep the sidewalks in front of or along the same free from all obstructions;

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to regulate and prevent the throwing or depositing of ashes, offal, dirt, garbage or any offensive matter into any street, avenue, alley or public place within the city, or into any stream of water within the city, and to prevent any injury of any kind to any street, alley or public grounds of the city. Streets. Sec. XXXVII. Be it enacted by the authority aforesaid, That the city council shall have the right to provide for and regulate curbs and gutters that flow into the streets or on the sidewalks of the city; to regulate or prohibit the use of the streets and public grounds for signs, sign-posts, awnings, telegraph and telephone poles, horse troughs, racks, and posting hand-bills and advertisements; to regulate or prohibit the carrying of banners, placards, and hand-bills in the streets, or public places of the city, and said city council shall have the absolute right and power to grant franchises for the use of said streets for railroads, street railroads, electric or other lights, pipes or other aqueducts for sewers, water-works, gas works, and for telephone and telegraph lines, and for any and every other purpose that may be of public utility and which are usually in the control of city authorities. Streets. Franchises. Sec. XXXVIII. Be it enacted by the authority aforesaid, That the city council shall have the right and the power to regulate traffic and sales upon the streets and public places of the city; to regulate the speed of horses or other animals, vehicles, bicycles or other means of locomotion, cars and locomotives within the limits of the city; to suppress rowdy or disorderly houses, houses of ill fame or assignation within the limits of the city; to suppress gaming or gambling houses, lotteries 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. Police powers. Sec. XXXIX. Be it enacted by the authority aforesaid, That the city council shall have the right and power to prescribe the limits within which wooden buildings or structures of any kind shall not be erected, placed or repaired without permission of said city council; to provide that any and all buildings within said limits, which shall be known as the fire limit, 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. In case of an offense against such fire regulations the city council, after having given five days' notice, shall cause any

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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 cases of other executions issued by said city; and said city council shall have the right and power to determine what are, and what are not fire-proof buildings within the meaning of said ordinances; said city council shall have the right and power to prohibit and prevent the dangerous construction of chimneys, fireplaces, hearths, stoves, stovepipes, ovens, boilers and apparatus used about any building or manufactory, and to cause the same to be removed or placed in safe condition at the expense of the owner when, in the opinion of the city council it is necessary to do so in order to insure safety against fire. Fire limits. Sec. XL. Be it enacted by the authority aforesaid, That the city council shall have the right and power to provide for the inspection of steam boilers, to regulate or prevent the storage of gunpowder, tar, pitch, rosin, coal oil, benzine, naphtha, turpentine, hemp, cotton, petroleum, nitro-glycerine, dynamite, and any other combustible or explosive substance or material, and the use of lights in stables, shops or other places and the building of bonfires; also to regulate or prevent the use of fireworks, firecrackers, torpedoes, roman candles, sky-rockets, and other pyrotechnic displays. Storage of explosives. Sec. XLI. Be it enacted by the authority aforesaid, That the city council shall have the right and power to declare what shall be a nuisance and to abate the same, and to provide for the punishment of persons who may create, continue or suffer nuisances to exist; to appoint a board of health for the city of Dahlonega, and prescribe their powers and duties; to establish and maintain a quarantine against contagious or infectious diseases; to do all acts and make all regulations which may be necessary or expedient for the promotion of the morals, health or temperance of the residents of said city, or for the suppression of disease; to establish and regulate cemeteries within or without the corporation, and to acquire lands therefor by gift, purchase or otherwise; to prevent the establishment of any unwholesome or offensive business, or establishments, within the limits of the corporation; to compel the owner or user of any cellar, stable, pig-stye, 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. Sec. XLII. Be it enacted by the authority aforesaid, That the city council shall have the power and authority to punish for the unlawful sale of spirituous or intoxicating or malt liquors, or bitters or liquors of any kind which, if drunk to excess, will produce

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intoxication. No license for the sale of spirituous wines, malt or intoxicating liquors or bitters shall be granted or allowed by said city council. Sale of liquors. Sec. XLIII. Be it enacted by the authority aforesaid, That the city 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 or selling 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. Storage of liquor. Sec. XLIV. Be it enacted by the authority aforesaid, That all processes, writs and subp[oelig]nas issued in behalf of said city shall be directed to the chief of police or marshal of said city, and signed in the same manner as executions; all sales under executions by the chief of police or marshal of said city, if of personal property, shall be advertised by posting the advertisements of such sales at three or more public places in said city for ten days before the sale, and if the sale is of real property, the chief of police or marshal shall advertise the same once a week for four weeks in the newspaper in which the sheriff's advertising for the county is done, and shall sell such real estate in front of the court-house door, within the legal hours of sheriff's sales, only on first Tuesdays. In case the property sold is personal property, the sale shall take place before the court-house door, after advertisement as aforesaid, in the same manner as constable's sales are now governed by law. Public sales. Sec. XLV. Be it enacted by the authority aforesaid, That the city council of said city shall have the power and authority 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 existing debts, establish and maintain a system of waterworks, a system of lights, erect public buildings, or any other improvement, 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 lawful purpose under the limitations herein stated. Debt and bonds. Sec. XLVI. Be it enacted by the authority aforesaid, That to carry into effect the powers conferred upon said city council by this Act or any future Acts of the Legislature of this State, and for the preservation of peace, good order, temperance and morality in said city, and for the cleanliness, comfort, well ordering and general convenience of said city, the city council shall have the

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power and authority to make and pass all needful by-laws, ordinances, resolutions, rules and regulations not contrary to the constitution and laws of this State. General powers. Sec. XLVII. Be it enacted by the authority aforesaid, That all legal contracts heretofore entered into by the town of Dahlonega, or the corporate authorities thereof, shall be good and valid for or against the city of Dahlonega to the same extent that they would have been good and valid for or against the town of Dahlonega had this Act not been passed, and all rights and liabilities of the town of Dahlonega shall accrue and survive to and against the city of Dahlonega. All property and the right thereof, now held and owned by the town of Dahlonega shall be and become the right and property of the city of Dahlonega, and it is hereby enacted that the system of public schools heretofore adopted for said town of Dahlonega and now in operation shall in all respects be operative in the city of Dahlonega; and it is further enacted that all rights and franchises of whatsoever kind heretofore granted by the town of Dahlonega shall in all respects be as binding upon the city of Dahlonega as they were upon the town of Dahlonega. City of Dahlonega succeeds to all rights and liabilities of town of Dahlonega. Sec. XLVIII. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 14, 1899. DALTON, CHARTER AMENDED. No. 306. An Act to amend the charter of the city of Dalton, so as to authorize the mayor and council of the city of Dalton to condemn private property for public use. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the mayor and council of the city of Dalton be, and they are, hereby authorized to condemn private property for the public use of the city in the method as is now provided in chapter nine, article one, volume 2, of the Code of 1895. Dalton, property, how condemned. Sec. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899.

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DALTON, CHARTER AMENDED. No. 329. An Act to amend an Act entitled an Act to amend the charter of the city of Dalton, approved October 5th, 1885. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section one of the Act amending the charter of the city of Dalton, approved October 5th, 1885, be, and the same is hereby repealed, and the following section inserted in lieu thereof: Section I. Be it enacted by the General Assembly of the State of Georgia, That the the mayor and city council of the city of Dalton shall at their first regular meeting in February, 1900, and biennially thereafter elect two free-holders of said city to be tax assessors of the city, said two free-holders, together with the clerk of the city council of Dalton, to constitute the board of tax assessors for said city; said assessors shall hold their office for two years unless sooner removed by the mayor and council for cause, the sufficiency of which shall be judged by said mayor and council; all vacancies accruing in said office by death or otherwise shall be filled by the mayor and council; said board of assessors shall before entering upon the discharge of their duties take and subscribe an oath such as the mayor and council shall prescribe and they, including the clerk, shall be paid for their services such compensation as the mayor and council shall fix, not to exceed $100 for each biennial term of two years. Dalton- Tax-assessors. Sec. II. Be it further enacted that section two of the said Act be, and the same is, hereby amended by adding the following proviso, to wit: provided, however, that the assessment herein provided for shall be made biennially in the year 1900 and each alternate year thereafter, and shall determine the tax value of the realty assessed for the whole term of two years for which the said assessors are elected, so that said section as amended shall read: Section II. It shall be the duty of said assessors to assess the cash value of all taxable real estate within the limits of said city, the value thereof to be fixed as of the first day of April in the year in which the assessment is made, and to make out and return to the mayor and council a complete schedule of all such real estate and their valuation thereof and the names of the owners thereof so far as

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practicable; in cases of disagreement a majority of assessors shall control; said schedule shall be returned within sixty days after said first of April and as soon thereafter as practicable be transcribed by the city clerk upon the tax books of said city, which books shall be subject to the inspection of the taxpayers of the city; provided, however, that the assessment herein provided for shall be made biennially in the year 1900 and each alternate year thereafter, and shall determine the tax value of the realty assessed for the whole term of two years for which the said assessors are elected. Assessments. Sec. III. Be it further enacted, That all laws in conflict herewith are hereby repealed. Approved December 21, 1899. DALTON, CHARTER AMENDED. No. 405. An Act to amend the charter of the city of Dalton, so as to authorize the board of water-works commissioners of said city to invest the sinking funds collected by the city. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the charter of the city of Dalton be, and the same is, hereby amended, so as to authorize the board of water-works commissioners of the city of Dalton to take charge of the sinking funds collected by the city from any and every source, to invest the same in such manner, and in such securities, and upon such terms as said board of water-works commissioners may deem to be to the best interest of said city. Dalton. Sinking fund, investment of Sec. II. Be it further enacted, That as soon as any funds to be used as a sinking fund is collected by the clerk, or marshal, or treasurer of said city, that the same shall by them be paid over to said Board of Water-works Commissioners, to be invested by said Board as provided in section I. of this Act. Sec. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899.

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DARIEN, CHARTER AMENDED. No. 231. An Act to amend an Act entitled an Act to incorporate the town of Darien, approved 12th December, 1816, and an Act entitled an Act to make the town of Darien a city, and to amend an Act entitled an Act to incorporate the town of Darien, approved 18th December, 1818; and all subsequent Acts amendatory thereto; to more fully define the taxing powers of the authorities of the city of Darien, in the assessment and collection of taxes, both general and specific, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, so much of section I. of the original Acts of 1816 and 1818, above recited, and of all acts amendatory thereto, beginning with the words: And the said intendant and council shall also be vested with full power and authority to make such assessments on the inhabitants of the said town or those who hold taxable property within the same, etc., be amended, and the same is hereby amended, so that the said paragraph of said section I. above recited, when so amended, shall read: And the said municipal authorities of the town of Darien or the city of Darien (whether as intendant and council, or mayor and aldermen, or such other officers as may hereafter be vested with the powers and duties now vested in said intendant and council of said town, or the mayor and aldermen of said city), shall also be vested with full power and authority to make such assessments and to lay such taxes on the inhabitants of said city, and on all other persons, firms or corporations who hold taxable property, whether real estate or personalty, within said city of Darien; and to assess, levy and collect a specific license, or business tax, on all persons, firms and corporations who shall transact, or offer to transact, carry on or conduct, or offer to carry on or conduct any business, trade or occupation within said city (whether such persons or the members of such firms, or the officers of such corporations actually reside within said city of Darien or elsewhere outside the limits of said city), as the said authorities of the city of Darien shall deem necessary, wise, just and expedient, for the safety, benefit and convenience of said city of Darien. Darien. Taxes, general and specific. Sec. II. Be it further enacted, That all laws or parts of laws conflicting with this Act be, and the same are, hereby repealed. Approved December 8, 1899.

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DAWSON, CHARTER AMENDED. No. 297. An Act to amend the city charter of Dawson, so as to make six months residence in said city, prior to an election, an essential qualification to vote; also to prohibit the erection of wooden buildings within the fire limits of said city, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the charter of the city of Dawson (Acts 1882-3, p. 404-410, approved September 21, 1883) be, and the same is, hereby amended by striking out of the eighth line of the third section after the enacting clause the word thirty days and inserting in lieu thereof the words six months, so that said eighth line in said section, when amended, shal read as follows: And who have resided within said city for at least six months prior to the time of said election, etc., the rest of said section preceding and subsequent to said line remaining of full force as heretofore. Dawson. Electors of. Sec. II. Be it further enacted by the authority aforesaid, That the seventeenth section of the amended charter of the city of Dawson, found on page 617 of the published Acts of the General Assembly of Georgia for the session of 1887, and as amended by the Acts of the General Assembly of Georgia, found on page 174 of the Acts of 1898, be amended by striking out the clause except with the unanimous consent of the mayor and aldermen of said city of Dawson, so that when amended said section shall read as follows: Be it further enacted, That no wooden building or structure shall be erected within said city of Dawson within the territory extending from Second avenue to Fourth avenue, from Vine to Stonewall streets and on Lee to Orange streets. Said mayor and aldermen shall have power and authority, whenever it shall be by them deemed necessary to the security, welfare, convenience and interest of said city of Dawson, to remove any wooden building now standing in the limits provided in this section; provided, etc. the proviso remaining of full force as heretofore. Fire limits. Sec. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899.

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DEXTER, CHARTER AMENDED. No. 241. An Act to amend an Act to incorporate the town of Dexter in the county of Laurens and provide a government for the same, approved August 22, 1891, by amending section ten thereof so as to allow the mayor and aldermen of the town of Dexter to levy and collect a tax upon any business, trade, calling or vocation carried on within the limits of said town, to repeal any clause conflicting with the right to tax as aforesaid, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That section ten of an Act entitled an Act to incorporate the town of Dexter, in the county of Laurens, and provide a government for the same, approved August 22, 1891, be, and the same is, hereby amended by adding to said section the following: And said mayor and aldermen shall have power and authority to levy and collect a tax upon any and all persons doing or carrying on within the limits of said town any business, trade, calling or vocation whatever. It is further enacted by the authority aforesaid, That the following words in said section ten be, and the same is, hereby repealed, to wit: And such specific taxes only as are herein distinctly mentioned and set forth. So that said section when so amended shall read as follows: Section X. Be it further enacted, That said mayor and aldermen shall have power within said town to lay off, establish, vacate, alter, improve and keep in good order and repair the streets, roads, alleys and sidewalks for the use of the public and citizens of said town; to establish and regulate markets; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent hogs, horses, cattle, sheep, goats or other animals from going at large in said town; to regulate the keeping of gunpowder or other combustibles; to have charge of the cemeteries of said town for the purpose of keeping them in good order and preservation; to protect the property of persons, citizens of said town from injury; to preserve peace and good order, and for this purpose to appoint, when necessary, a police force to assist the marshal in the discharge of his duties; to provide a revenue for said town by

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levying a tax on the property situated in said town, which tax shall not, in any year, exceed one-half of one per cent. of the value of said property; all said taxes levied to be in accordance with the constitution and laws of this State. And to ascertain the value of property in said town for the purpose of taxation, said mayor and aldermen shall have power to appoint three assessors, bona fide residents of said town, to serve one year, whose duties shall be as defined by said mayor and aldermen, and in accordance with the powers conferred by this Act; provided, that expenditures of money and labor performed shall be for the general benefit and public improvement of the town. And said mayor and aldermen shall have power and authority to levy and collect a tax upon any and all persons doing or carrying on within the limits of said town any business, trade, calling or vocation whatever. Dexter. License tax Mayor and aldermen, general powers of. Assessors. Sec. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 8, 1899. DOERUN, TOWN OF, INCORPORATED. No. 398. An Act to incorporate the town of Doerun in the county of Colquitt, and State of Georgia, to grant certain powers and privileges to the same, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, That the town of Doerun, of the county of Colquitt, be, and the same is, hereby incorporated as a town under the name of Doerun. The corporate powers of said town shall be vested in a mayor and five aldermen who are hereby constituted a body corporate under the name and style of the Town of Doerun, and by that name and style shall have a common seal, and be capable in law and equity to hold, purchase, receive, and retain to them and their successors in office, for the use of the town of Doerun, any estate, real or personal, of whatever kind or nature, and by the same name be capable to sue, and be sued, plead and be impleaded, in any court of law or equity in this State, and to sell, alien, or lease any estate, real or personal, the property of or belonging to said corporation, or to convey the same, or any part thereof, in any manner whatever. Doerun. Mayor and aldermen, corporate powers.

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Sec. II. Be it further enacted by authority of the same, That the corporate limits of said town of Doerun shall be one mile square, beginning one-half mile due north of the northeast corner of block (4) four, in said town, thence east one-half mile, thence south one mile, thence west one mile, thence north one mile, thence east one-half mile to point of beginning. Corporate limits. Sec. III. Be it further enacted by the authority aforesaid, That D. A. Fain be, and he is, hereby appointed mayor, and J. R. Fain, J. M. Wall, W. W. Green, W. W. Williams and W. D. Cole be, and they are, hereby appointed aldermen of said town of Doerun, to hold their office till their first annual election of mayor and aldermen, on the first Wednesday in January, (1901) nineteen hundred and one, or until their successors are elected and qualified, the above named officers to enter upon the discharge of the duties of their office immediately after the passage of this Act, and that on the first Wednesday of January, 1901, and annually thereafter they shall hold an election for the election of a mayor and five aldermen, who shall hold their office one year, and until their successors be elected and qualified. 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 said town for sixty (60) days immediately prior to said election to be held, shall be qualified voters. All of said elections shall be held by a justice of the peace and two free-holders, or by three free-holders, and residents of said town and not candidates in said election. The managers shall conduct all elections, as nearly as practical, as elections for members of the General Assembly are conducted. The polls at all elections shall be opened at some convenient and accessible place in said town, at ten o'clock A. M., and be closed at three o'clock P. M. The managers at all elections before proceeding with said election, shall take and subscribe to the following oath: All and each of us do swear that we will faithfully superintend this day's election, that we are qualified, as required by the charter of the Town of Doerun, 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 him to be entitled to do so under the charter of said town, or knowingly prevent any one from voting who is so entitled, and that we will not knowingly divulge for whom any vote was cast unless called upon under the law to do so. So help us God. Said affidavit shall be signed by each superintendent in the capacity in which he acts. Said oath shall be taken and subscribed before any officer authorized to administer an

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oath, and in the absence of any such officer, said managers shall do so before each other. The managers, at the election held under this charter, shall issue to the newly elected mayor and councilmen a certificate of election to each of the persons elected, showing to what position said person was elected, and shall also certify the result of said election to the acting council, and the said first certificate shall be sufficient authority to the person so elected to enter upon the discharge of his duty, and the last said certificate shall be entered upon the records of said acting mayor and council. Said managers shall also furnish the mayor and 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 town council die, resign, or be removed from office, there shall be an election ordered to fill such vacancy, which shall be done by the mayor, or in case there is no mayor, by a majority of the council upon ten days' notice in writing posted in two or more of the most public places in said town, which election shall be held and conducted as hereinbefore provided, and the list of registered voters, at the last regular election next preceding such special election, shall be the legal voters at such special election. Mayor and aldermen, appointment and election. Voters. Managers. Polls. Oath of managers. Certificates of election. Vacancies. Sec. IV. 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 than I will faithfully discharge all the duties devolved upon me as mayor (or councilman as the case may be) of the town of Doerun, Colquitt county, Georgia, to the best of my ability and understanding. So help me God, which oath may be administered by any officer who, under the laws of Georgia, is authorized to administer oaths. Mayor and aldermen, oath of. Sec. V. Be it further enacted by authority aforesaid, That after the first election held under this charter, that no person shall be allowed to vote in any election for said town who has not been duly registered as hereinafter provided, nor shall any person be allowed to vote in said first election who has not been a bona fide resident of said town at least sixty days prior to said election, nor who is not qualified to vote for members of the General Assembly under the laws of Georgia. Voters Sec. VI. Be it further enacted by authority aforesaid, That it shall be the duty of the clerk and treasurer of said town to open a registration book, or books, thirty days before each regular election for the registration of the qualified voters of said town, which book, or books, shall be kept open from 9 o'clock A. M. till 12

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o'clock M., and from 2 P. M. till 5 o'clock P. M. each day except Sundays and legal holidays, until five days before the election, when said book, or books, shall be fairly and absolutely closed. It shall be the duty of said clerk and treasurer, upon the 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 said town, and who upon the day of election, if then a resident, shall have resided in said 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, and 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 to him the following oath: You do solemnly swear that you are a citizen of the United States, that you have resided in Georgia twelve months, and in the county of Colquitt for six months, and in the town of Doerun for sixty days next preceding this registration, or that by the date of the next town election, if still a resident of said town, you will have fulfilled these conditions; that it is your intention to remain a resident of said town until the date of the election for which this registration is taken; that you are twenty-one years old, and have paid all the taxes due the town of Doerun, and that you have made all the returns required of you by the ordinance of this town. So help you, God. Registration. Sec. VII. Be it further enacted by the authority aforesaid, That any person voting at any election of said town who is not a qualified voter according to the provisions of this charter, shall be guilty of a misdemeanor, and upon conviction thereof in any court in Colquitt county, Georgia, having authority to try misdemeanor cases under the laws of Georgia, shall be punished as prescribed in section 1039 of the Code of 1895 of this State. Illegal voting. Sec. VIII. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have power and authority to pass all laws and ordinances they may deem necessary for the good government of said town, the protection of 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 and laws of the United States, or of the State of Georgia. General powers. Sec. IX. Be it further enacted by the authority aforesaid, That

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said mayor and council may levy such taxes on the property in said town, both real and personal, as in their judgment may be necessary to defray the expenses of said town and liquidate its debts, not to exceed the constitutional limit, and not in conflict with the constitution, and 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's sales under tax executions. They shall also have power to require all persons within said corporate limits, who are subject to road duty under the lays of this State, to work the streets of said town, at such times as in their opinion it is needful, or they may prescribe a commutation tax, which may be paid in lieu of work upon the streets of said town, and shall have the power to imprison any defaulter who refuses to work on said streets when required, in the guard house in said town, not to exceed three days for each day he refuses to work. Tax. Sec. X. Be it further enacted by the authority aforesaid, That it shall be the duty of the tax-payers and the owners of real and personal property in said town, and they are hereby required to make returns of all property in said town held by them in their own or any other's rights, and the mayor and council shall have the right to supervise all the returns thus made and fix a just value to the property, and add as may not be returned at its value and to impose a double tax upon all parties failing or refusing to make returns of taxes. Tax returns. Sec. XI. Be it further enacted by authority aforesaid, That the mayor of said town of Doerun shall be the executive officer of said town, and in his absence or disqualification the mayor pro tem. (who shall be elected by the councilmen from their number). He shall see that the laws of said town, the ordinances, the by-laws, the rules and regulations, and orders of the council are duly 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 and disorderly persons in said town. He shall have power to impose fines, not to exceed the sum of fifty dollars, or to sentence any offender against the laws and ordinances of said town, to be confined in the guard-house of said town, to be required to work upon the streets or public works of said

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town for any length of time not to exceed thirty days, or both, in his discretion, whenever they have violated any of the laws, bylaws, rules, or orders of the council, or the ordinances of said town. Mayor, duty and powers of. Sec. XII. Be it further enacted by the authority aforesaid, That no person shall be elected, or hold the office of mayor or councilmen, except such persons as are qualified by the laws of Georgia, for representative in the General Assembly, and who have resided in said town one year next preceding the date of election. Eligibility to office. Sec. XIII. Be it further enacted by the authority aforesaid, That said mayor and council at their first meeting after the passage of this Act, and their first meeting after each annual election, and at any time that a vacancy may occur, shall elect a clerk and treasurer either from their own number or from among the citizens of said town, and in like manner they shall 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 marshal so elected shall each make and give to the mayor and council a bond, in an amount to be fixed by the mayor and council, and to be approved by the mayor and made payable to him, conditioned for the faithful performance of their duties. Clerk, treasurer and marshal. Sec. XIV. 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 the mayor and council may fix and deem just and proper, subject to change at any time. That the mayor and councilmen shall receive such salaries and be allowed such exemptions as may be ordered by the ordinances of said town. Salaries or fees. Sec. XV. Be it further enacted by the authority aforesaid, That the mayor and council shall have power 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 just and proper, provided the same is not repugnant to the constitution and laws of the State. Specific taxes. Sec. XVI. Be it further enacted by the authority aforesaid, That the mayor and council shall have the power to abate any or all nuisances that would tend to jeopardize the health or public welfare of said town, to cause the same to be removed on three days' notice to be served by the mayor, on the person or persons erecting, or in charge of said nuisance. Nuisances. Sec. XVII. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall have power to locate a market anywhere they may deem best, in said town of Doerun, at which

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market all fresh meats of every description shall be sold. That said mayor and aldermen shall have the power of fixing, or regulating the hours of sale, at said market or markets, and to punish any person for selling fresh meats in said town during said fixed hours, by a fine not to exceed fifty dollars or imprisonment in the guardhouse of said town not to exceed ten days, or to work on the streets, or other public works of said town, not to exceed thirty days. Market. Sec. XVIII. Be it further enacted by the authority aforesaid, That the mayor and council shall have power to prescribe fire limits in said town and to prescribe the plan of building, and the kind of material to be used in the building of houses within said fire limits. Fire limits. Sec. XIX. 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 laws of the United States, or of this State. General powers. Sec. XX. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899. DOUGLASVILLE, CHARTER AMENDED. No. 339. An Act to amend the charter of the town of Douglasville, in the county of Douglas, so as to grant additional taxing power to the mayor and council of said town, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act creating a new charter for the town of Douglasville in the county of Douglas, approved August 26th, 1891, be amended as follows: By striking out all of section XV. of said Act and enacting in lieu thereof the following section, to wit: Douglasville. Sec. II. Be it enacted by the General Assembly of the State of Georgia, and is hereby enacted by authority of the same, That the mayor and council of the town of Douglasville shall have power

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and authority to license, regulate and control all taverns, hotels, cafs, restaurants, boarding-houses, livery stables, hacks, drays and other vehicles, auctioneers, vendue-masters, itinerant traders, theatrical performances, shows and all exhibitions of all kinds, itinerant lightning-rod dealers, immigrant agents, clock and stove peddlers, peddlers of all kinds, itinerant dealers in jewelry, and all other traveling or itinerant venders of articles, goods, wares and merchandise of every nature whatsoever, every keeper of a shooting-gallery, tenpin alley, upon the keeper of any other table, stand or place for the performance of any game or play, whether played with sticks, balls, rings or other contrivances, upon the keeper of flying-horses, bicycle, velocepede or skating-rinks, insurance agents, or guano agents, life and fire insurance companies, brokers, dealers in futures, loan agents and agents for any other business or calling whatsoever, keepers of slaughter houses, beef markets, green groceries, dealers in fish, oysters, vegetables, fruits, breads and other articles of food, upon every junk shop, pawnbrokers, upon all establishments, businesses, calling or avocations not heretofore mentioned and which under the laws and constitution of the State of Georgia are subject to license or a special tax. License Tax. Sec. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899. DOUGLAS, NEW CHARTER. No. 360. An Act to create a new charter for the city of Douglas, in the county of Coffee, and to consolidate and declare the rights and powers of said corporation; to authorize and empower the mayor and aldermen of said city to purchase, or build, establish, maintain and operate a system of water-works, electric lights and sewerage for the said city of Douglas; to hold an election on a day specified as now required by law to determine the question of creating a debt against said city by the issuance of bonds; to provide for the assessment and collection of an annual tax on the property in said city for the purpose of paying the principal and interest on said bonds; to confer additional power upon the mayor and aldermen of said city of Douglas, and for other purposes.

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Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the city of Douglas (heretofore made a body politic and corporate by the Acts of the General Assembly of Georgia, under the name of the mayor and aldermen of the city of Douglas) shall, from and after the passage of this Act, have and be known by the corporate name of The City of Douglas; that by such corporate name it may sue and be sued; have and use a corporate seal; make and enact through the mayor and board of aldermen ordinances, resolutions, rules and regulations for the transaction of its business and the proper government of the city, which shall be consistent with the laws of Georgia and of the United States. The said corporation, through its mayor and board of aldermen, shall have special powers in its corporate capacity to make all contracts which they may deem necessary for the welfare of the city or its citizens; to assess values of property, levy and collect taxes thereon; to remove nuisances. They shall have full control and power over the streets, lanes and alleys of the city, and to remove obstructions therefrom, as is generally exercised by and granted to municipal corporations, and shall, in general, have all the powers incident to corporations under the laws of this State, and, in addition thereto, all other powers which are necessary and proper to make, regulate, maintain and preserve a proper and legal government for said city. City of Douglas. Corporate powers. Sec. II. Be it further enacted, That the corporate limits of The City of Douglas shall embrace all the territory set forth and described in the following Acts, and as so set forth and for the purposes therein named: An Act to incorporate the town of Douglas in the county of Coffee, to define the corporate limits of said town, to provide for the election of a mayor and aldermen for the government thereof, and for other purposes, approved December 10, 1895. An Act entitled an Act amendatory of an Act entitled an Act to incorporate the town of Douglas, by changing the corporate name thereof from the town of Douglas to the city of Douglas, and to constitute the mayor and aldermen of said city a body corporate under the name of the mayor and aldermen of the city of Douglas, and for other purposes. Approved November 29, 1897. Corporate limits. Sec. III. Be it further enacted, That the municipal government of said city of Douglas shall be vested in a mayor and a board of aldermen consisting of five members, and the term of office of each, the said mayor and the said five aldermen, shall be one year, and until his (or their) successors shall have been chosen and qualified.

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Any male person shall be eligible to the office of mayor or alderman who is a bona fide resident of said city at the time of his election, and who shall have paid all taxes except for year of election and is a qualified voter in said city. Mayor and aldermen. Sec. IV. Be it further enacted, That said mayor and aldermen shall be elected on the third Saturday in December of each year. All elections for mayor and aldermen and elections on any question submitted to the voters of said city shall be held at the courthouse, and at such places as are now or may be hereafter established by law or the ordinances or resolutions of said city. The mayor and aldermen shall have full power and authority to establish as many polling places as they may deem necessary. All elections shall be held by three persons who may be qualified to hold and superintend elections for members of the General Assembly of this State, and said elections shall be held and conducted in the same manner and under the same rules and regulations as are elections for members of the General Assembly. As cases of elections for mayor and aldermen the superintendents shall deliver certificates to the persons whom they shall find to have been elected to the offices of mayor and aldermen respectively. The qualifications for voters at any such elections shall be the same as required of persons voting for members of the General Assembly of this State, and in addition thereto residence within the corporate limits of said city for six months next preceding the election, and the payment of all taxes legally required of them, except for the year in which they offer to vote, by said corporation. Elections. Sec. V. Be it further enacted, That on the first Monday in January in each year, or so soon thereafter as practicable, the newly elected mayor and aldermen shall take the oath of office. The mayor shall, before the retiring mayor or before some officer of the State or county who is authorized to administer an oath, take and subscribe to the following oath, or he may affirm thereto: I (name) do solemnly swear (or affirm) that I am duly qualified, under the laws of this State, to serve as mayor of the city of Douglas; that to the best of my ability I will promote and protect the interest of said city, and faithfully discharge all of the duties incumbent upon me as mayor of the city of Douglas, so help me God. And such alderman, before entering on the discharge of his duties shall take and subscribe the following oath: I (name) do solemnly swear (or affirm) that as alderman of the city of Douglas I will impartially and to the best of my ability promote the interest and prosperity of said city and all of the inhabitants

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thereof without fear, favor or affection, so help me God; which oath shall be taken before the mayor, or in case of his absence or inability, before any officer authorized to administer an oath. Mayor and aldermen, oath of. Sec. VI. Be it further enacted, That additional officers of the government of said city shall be a clerk of council, city treasurer, marshal (who shall be chief of police), and such other officers, agents and employees as may be provided in this Act, or as said mayor and aldermen may deem necessary; and the said mayor and aldermen shall prescribe the duties and fix the salaries of all such officers, agents and employees. All of said officers named shall be elected by the mayor and aldermen of said city, each of said aldermen having one vote, and a majority of the whole board shall be required to elect, the mayor having a vote only in case of a tie. The terms of all and each of said officers shall be one year (but the mayor and aldermen shall have power to remove at any time any officer for inefficiency or neglect of duty), and they shall take such an oath and give such bonds for the faithful performance of their respective duties as may be prescribed by the said mayor and aldermen. All such officers shall be elected by said mayor and aldermen at the first regular meeting in January of each year, or so soon thereafter as possible. The salary or compensation of no officer of the city government shall be increased or diminished after the election of such officer and during the term for which he shall have been elected, and all of such officers shall hold their offices respectively until their successors are duly elected and qualified, unless sooner removed by the mayor and board of aldermen; and in case of a vacancy in any of said offices the same shall be filled by the mayor and board of aldermen at any regular or called meeting. Officers. Sec. VII. Be it further enacted, That the mayor shall be the chief executive of the city, and besides the powers and duties imposed by the mayor and aldermen, he shall exercise general supervision over the affairs of the city. He shall preside over all meetings of the mayor and board of aldermen, and in case the office of mayor of said city shall become vacant from any cause, the board of aldermen of said city, at either a regular or called meeting, shall order an election for mayor to fill such vacancy, which said election shall be advertised in a public gazette of the city of Douglas, or by posting notices at three or more public places in said city, for not less than five days prior to said election; and the person elected shall hold his office until the next regular election for mayor and until his successor is elected and qualified; and in case any vacancy should

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happen by death, resignation, removal or otherwise of any aldermen of said city said vacancy may be filled by said mayor and board of aldermen. Mayor. Vacancies. Sec. VIII. Be it further enacted, That the mayor and board of aldermen, or a majority of them, shall have the right at any regular meeting to elect one of their body as mayor pro tem., who shall in case of any vacancy in the office of mayor, and during the absence from the city or disability of the mayor, exercise all the powers and discharge all the duties as mayor, until such vacancy has been regularly filled or until the return of the mayor or the removal of his disability; and at any regular or called meeting when neither the mayor nor the mayor pro tem. are present, or when both of said officers are absent from the city at the same time, the board of aldermen shall designate one of their number to preside over their meetings and discharge the duties of mayor until the return to the city of one of said officers. Mayor pro tem. Sec. IX. Be it further enacted, That the said mayor and board of aldermen shall have the right and power, in order to raise necessary revenue to properly carry on the government of said city, to build sewers, procure water supply, to make, open, grade, repair and keep in order the streets and bridges of said city, to light the same, to properly police and protect the same, to pay the salaries, cost and expenses of the city officers and employees; to establish and maintain a proper fire department, to erect and maintain suitable buildings and offices, and to furnish and maintain all things needful and appertaining to the protection of life, liberty and property, the suppression of crime, the maintenance of law and order, the payment of debts of the city, for educational purposes, for cemetery purposes, for hospitals and charitable institutions, for the care of the poor, for establishing necessary squares and parks, for quarantine purposes, for caring for prisoners and providing means and places for their detention and punishment, and for all such other purposes as will tend, in their discretion, to add to the comfort, safety, convenience, benefit, health and advantage of said city and of the citizens thereof, and for the material improvement of said city as may in their discretion be necessary, and for all other purposes in order to properly carry on a city government, as herein indicated, and not forbidden by law, to levy and collect a street or capitation tax on all male residents of the city subject under the law to pay such tax, also a tax not to exceed one per cent., on all the property within the corporate limits of said city, which is subject to State tax under the constitution and

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laws of this State, and also to impose and collect such tax as they, said mayor and board of alderman, may deem necessary and proper upon all trades, business, callings, professions, sales, labor and pursuits, which are the legal subject of taxation, and may enforce payment of the same by license or direct tax in such manner as they may determine to be best and most advantageous. They may also impose, assess, levy and collect taxes on capital invested in said city, on stocks of corporations, choses in action and on such incomes and commissions, derived from the pursuits of any profession, faculty, trade or calling, banks, express, insurance and other corporations, associations and agencies, and all other property and sources of profit as are not expressly prohibited or exempt by the laws of this State or of the United States; but all taxation on property shall be uniform on the same class of subjects, and ad valorem on all subject to be taxed in said city. Each and every itinerant trader, irregular or occasional dealer, his or their agents or consignees (save and except licensed auctioneers and commission merchants), who shall neglect or refuse to render in the amount of goods, wares and merchandise sold by him or them, which is subject to be taxed by the ordinances of the city, immediately after the sale of the same, and to pay the tax thereon, shall forfeit and pay a sum at the discretion of the said mayor and aldermen, not exceeding one hundred dollars, for which execution may issue directed to and authorizing and commanding the marshal of said city to levy upon the property and effects of said itinerant trader, irregular or occasional dealer, his or their agents or consignees, so in default, which shall be levied, and by sale of said property by said marshal, in the manner in which sales for city taxes are made, the tax due, with all costs, shall be satisfied. All other persons subject to taxation who shall neglect or refuse to render in his, her or their property, or pay the tax on the same when required by the ordinances of said mayor and aldermen, may be proceeded against by execution in the same manner, and according to such rules and ordinances as may be adopted by said mayor and aldermen to enforce the collection of taxes aforesaid. Taxes, general and specific. Sec. X. Be it further enacted, That said mayor and aldermen shall have the authority and power to widen, extend or straighten any street, alley, land, way or square in said city, and to open, lay out and establish any new street, alley, lane, way or square of whatever nature, same being done in accordance with resolutions or ordinances passed by said mayor and aldermen. After ten days' notice to the party at interest, said mayor and aldermen may cause

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all encroachments or obstructions of a permanent nature, or which in the judgment of said mayor and aldermen, ought to be allowed, along or upon any street, alley, lane, way or square in said city to be removed; and whenever such encroachments along or upon such streets, alleys, lanes, ways or squares are made or done after such street, alley, lane, way or square is laid out, then no compensation shall be made for the removal of the same. But whenever said mayor and aldermen shall exercise the power to widen, extend or straighten a street, alley, lane, way or square, and the compensation therefor cannot be agreed upon between said city and the owner of said property, there shall be appointed three arbitrators, one by the mayor and aldermen, one by the owner of said land, and the other by the arbitrators so chosen, of character and responsibility, who shall assess the damages sustained by the owner or owners of the land, over or through which pass streets, alleys, lanes, ways or squares so widened, extended, straightened, opened, laid out or established, and which is taken for the purpose, and from which award an appeal can be had to the superior court by either party dissatisfied with such award. A majority of the arbitration can make the award. The submission shall be in writing, the return shall be written and filed in the office of the clerk of the superior court of Coffee county within ten days after it is made; and the appeal can be entered within ten days after the filing of the award. The arbitrators shall be sworn to make a just and true assessment of the damages, considering the value of the land and the benefits the owner is to receive from the opening of such streets, etc. If the owner of such land refuses to act, or is a minor, or is insane, upon that fact being shown to the ordinary of Coffee county, he may appoint the arbitrator for such owner; the award, when so filed and not appealed from, shall be the judgment of the superior court of Coffee county, and executions may at once issue upon the same for the amount thereof as other executions are issued. In case of appeal as above provided for, the court shall cause the issue as to such damage to be made up and tried as other appeal cases. The entering of an appeal shall in no case hinder or delay the city in widening, extending, straightening, opening, laying out or establishing any such street, alley, lane, way or square as aforesaid, but the same may proceed from the time the award in such condemnation is filed in the office of the clerk of the superior court, but before the commencement of said work tender shall be made of the amount of such award. In the event the city of Douglas is not dissatisfied with said award, it shall pay

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to the clerk of the superior court the amount so found to be due by said assessors or arbitrators. If the city is dissatisfied and the appeal is entered by it, it shall give bond with security for the payment of the amount adjudged to be due by it on the final hearing of said case. Should no appeal be entered within ten days, and the city of Douglas should fail or refuse to pay the amount of the award, and should proceed with the work, then the clerk shall, on application of the owner or ordinary where he is authorized to act, issue execution on said award, and proceedings shall be had thereon as in cases of judgments and executions in the superior court of Coffee county. But the city of Douglas shall have the right after said award is filed, to abandon its purpose of widening, extending, straightening, opening, laying out or establishing said street, alley, lane, way or square in the event the mayor or aldermen of said city should consider that the sum found to be due would, in their judgment, make said land so sought to be condemned too expensive to said city. But in such event said city shall pay all costs of said award. Streets, power to open and improve. Sec. XI. Be it further enacted, That the mayor and aldermen of said city shall have the authority and power, by ordinances or resolutions, to order and require the owner of any lot to make such pavements or sidewalks and repairs of the same as they may deem necessary, or to pave one-half of the streets next such lot, or to fill up any such lot to any grade of the streets of said city as they may think best, and if such owner fails or refuses to do so in thirty days, or begin such work in good faith in twenty days after he is served with a copy of their order in regard to same, which order shall be served by the marshal, or any officer of said city, by handing such owner personally a copy thereof, certified by the clerk of council, or leaving it at such owner's most notorious place of abode; then, and in that event, unless council grants further time, said mayor and aldermen shall be empowered to lay such sidewalk, pave such street, repair such pavement or streets, or fill up or grade such lot at the cost and expense of such owner, and issue execution against such owner for such amount as it cost them to do said work and all costs, which execution shall be issued, levied, returned and disposed of as tax executions against owners of returned property; and for these purposes the person returning and claiming such lot for city taxes shall be regarded and taken to be the owner thereof, and if two or more make return and claim to such, the authorities may proceed against all or either of them, and leave to them the settlement of the question as to who, in fact,

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is owner and liable, for all or either of them shall be liable, as between them and said authorities, to do said work in the first instance, and for the cost of its being done by said authorities as aforesaid in the second instance; and when no person returns or claims such property as shall be required to be filled up or graded or paved around, either for sidewalk or street or for filling in, or to be so repaired, as above mentioned, then no notice shall be given, but said mayor and aldermen shall note the fact, and at once proceed to do such work, and then issue execution for the amount of the same and cost against the property as tax executions issue for taxes against non-returnable property; and all provisions as to sales of non-returned property, for taxes, shall be followed and applied in this instance. The material to be used in constructing, paving, repairing or otherwise improving streets and sidewalk and curbing the same, the character of the improvements and all similar questions shall be within the discretion of said mayor and aldermen, and nothing in this Act shall be so construed as to require all sidewalks and streets to be made of the same material or improved in the same manner. In the event that property shall be sold under executions for amount of such improvements of streets and sidewalks as above provided, the deeds made to the purchaser by the proper officers of said city shall be just as valid to purchasers as if made under the ordinary process of law issuing from the superior courts of this State; and provided, that such sales shall be subject to the right of redemption by the owner as in tax sales; and provided further, that said municipality may have authority to purchase property at any such sale when it is deemed advisable for said city to make such purchase as in tax sales is allowed. Pavements and sidewalks. Sec. XII. Be it further enacted, That the mayor and aldermen are hereby vested with power to establish fire limits in said city and to prohibit the erection of any wooden building or structure, or such other kind or kinds of buildings or structures as will, in the opinion of the said mayor and aldermen, increase the fire risk, in such part of the city of Douglas as they may designate as the fire limits, and may change and enlarge said fire limits when deemed necessary, and may exercise and use such supervision and control over the construction of the houses and material used therein, and the erection of awnings and sheds, of stove pipes, chimney flues, and other means of heating, as may be necessary and proper to guard against conflagration, and may require building permits to be issued before the erection or repair of any building or structure, which permit shall specify the material

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to be used and the manner of use in such erection or repair of buildings or structures. The said mayor and aldermen shall have supervision and control of all warehouses, cotton compresses, cotton gins, cotton and lumber yards and naval store yards and other places in said city where materials of an inflammable nature are stored, and may prohibit smoking on or near, or the careless use of fire about cotton compresses, cotton gins, cotton warehouses, cotton yards, or places where it is stored or kept, or may be placed. The said mayor and aldermen shall have power and authority to remove any forge, smith shop or other structure within the city, whenever, in their opinion, it shall be necessary for protection against fire; and shall have power to cause any stove pipe or any other thing or matter that will endanger the city as to fire to be removed or remedied, as their prudence shall dictate; and they may summarily declare such to be dangerous without notice to any one, and remove the same instanter; and whenever it shall appear to them that any decayed, unsound or unsafe house, building or structure of any sort is dangerous to pedestrians or persons passing, or is endangering the public health of said city, or of any portion of the inhabitants thereof, or of any locality therein, or is likely to produce disease, they may summarily condemn it by resolution or ordinance, and cause it to be torn down by the marshal or police; and whenever, in their opinion, it is necessary to burn any property, clothing or whatever else, to prevent the introduction or spread of infectious or contagious disease, they may, with the advice and counsel of the health officer and the majority of the board of health, if there be such officers, and if not, without such advice and counsel, do so instanter, and the marshal or other officer directed shall obey such order, and in all such cases they or any officer assisting in the performance of such order or resolution shall not be liable to answer therefor in any court having jurisdicdiction, except for gross neglect and extreme want of care coupled with malice and without any probable cause to suspect such actions were for the public good, and every presumption shall be in favor of such act having been lawful when done; provided, that whenever any property shall have been destroyed under the provisions of this section, the city of Douglas, in its corporate capacity, shall be liable to the owner thereof for the actual cash value thereof, and shall not be liable for any prospective profits or speculative damages, or punitive damages, in connection therewith. Fire limits. Sec. XIII. Be it further enacted, That the said mayor and board of aldermen shall have full authority and power to establish such

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system of quarantine, and to make such sanitary regulations within the limits of said city as in their judgment may be necessary to prevent the introduction or spreading of contagious or infectious disease within said city; and in order the more fully to exercise this authority and use this power, said mayor and aldermen are hereby given quarantine jurisdiction over all the area embraced within the jurisdictional limits of the county of Coffee, in this State; and anywhere within these limits either in said city or county, may locate, establish and change at pleasure, either permanent or temporary quarantine grounds, houses or pest-houses, and may condemn and take lands and buildings and personal property, and property of any sort anywhere within said limits for quarantine grounds or other quarantine purposes, either permanent or temporary; and such condemnation proceedings shall be had and done in the same manner and by the same rules as provided in section X. of this Act for condemning land for streets, ways, and so forth, and all the provisions of that section for that purpose shall apply and be a provision of this from the selection of arbitrators to the trial of appeal; and may, by order, ordinance or resolution, put any part or all of said area under quarantine; and may arrest, detain, quarantine, and, if need be, confine any person from or suspected to be from, any infected place, or place suspected to be infected, and detain and confine such person or persons from day to day, as they by ordinance shall see fit to declare and prescribe; shall have power to stop, delay, board, search all trains, cars, steamboats, boats, vehicles and conveyances of every sort, public or private, entering said limits, whenever, in the judgment of said mayor and aldermen it may seem best; and may absolutely prohibit any such boat, train or carriage from entering said limits, or persons from coming within the same, or any such from leaving any of the same; but such rigid quarantine shall not be laid and established except by the consent of the mayor and aldermen, and the board of health, if there be one; and no State board of health that now is, or that shall hereafter be established shall ever have power to molest, lessen or otherwise interfere with said authorities in matters of quarantine in said limits, saving only to see to it that they maintain in the said area a quarantine not less strict than such State board of health may think best; and said mayor and aldermen shall have full power and authority to punish any violations of the quarantine rules and regulations of said city committed anywhere within all said area; and said mayor and aldermen may, by resolution, adopt any regulation recommended by said board of health, which shall, upon being published one time

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in the official organ of said city, or upon being posted at the door of the court house or city hall, and within twelve hours after its publication, become a binding ordinance upon all persons within said city and within said entire area when it shall so recite. Sanitation and quarantine. Sec. XIV. Be it further enacted, That the mayor and aldermen of said city shall have full power to adopt and enforce such ordinances as they may deem necessary to secure the removal of all garbage, rubbish, filth, dead animals, weeds, undergrowth and other offensive matters and material from any and all occupied and unoccupied lots and places within the limits of said city at the expense of the owner or owners of said lots or places; whosoever shall fail or refuse, after written notice from the authorities aforesaid, to comply with the terms of such ordinance, and within the time prescribed by such ordinance, shall be subject to such penalties as may be lawfully prescribed for the same. And said authorities, upon the failure or refusal of such owner to do such work, may cause the same to be done, and issue execution as they may, by ordinance direct and prescribe, against the property of such owner for the amount of such expense and cost; and the person returning such lot for city taxes shall be taken and deemed to be the owner; and said executions shall proceed in the same manner, and shall be liable to the same defenses as is prescribed in this Act where executions are issued by the city for constructing, paving or otherwise improving the sidewalks of said city. Garbage. Sec. XV. Be it further enacted, That the mayor and aldermen shall have power and authority to elect a health officer, who shall be a reputable practicing physician, and whose term of office shall be one year, and whose duty and compensation they shall prescribe and regulate, but when once fixed it shall not be increased or decreased during the term of an incumbent. Said mayor and board of aldermen shall also have power and authority, at any regular meeting, to elect a board of health, to consist of such number of members, and for such terms of office as they may prescribe. The members of said board of health shall be each over twenty-one years of age, a bona fide citizen of said city, and shall take the following oath before an officer authorized to administer an oath: I do solemnly swear that I will well and truly discharge all the duties required of me as a member of the board of health of the city of Douglas; so help me, God. Said health officer and said board of health shall exercise the functions of their office over said entire quarantine area above defined. Said mayor

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and aldermen shall define by ordinance, the duties and powers of said board of health not inconsistent with the laws of the land. Health officer. Board of Health. Sec. XVI. Be it further enacted, That the mayor and aldermen of said city shall have the power to compel the removal to the smallpox hospital of any person or persons who shall have smallpox in or near said city in the county of Coffee, and who do not provide their premises with sufficient guards to completely quarantine them; but even when the premises on which said person may be who shall have the smallpox shall be sufficiently guarded, it shall still be in the power of the mayor and aldermen, when it is deemed necessary and best, to remove said person having smallpox to the smallpox hospital. The mayor and board of aldermen of the city of Douglas shall have power and authority to declare by resolution that vaccination shall be compulsory upon all persons residing in said city of Douglas or within one mile of the corporate limits of same (and for this purpose said city authorities are hereby given police jurisdiction over all the territory within said one mile of the present limits of said city), and upon all persons who may be working or sojourning in said city, whether they be permanent residents or not of said city; and said mayor and aldermen shall provide in said resolution the time within which all persons as above referred to shall be vaccinated; and any person failing to be vaccinated within the time required in said resolution, shall, upon conviction, be punished by a fine of not more than $100 or imprisonment in the city guardhouse or the county jail. Smallpox. Vaccination. Sec. XVII. Be it further enacted, That the mayor and aldermen of said city shall have power and authority to remove the inmates or occupants of lewd or disorderly houses in the city of Douglas; and they shall have power to provide, by ordinance, a penalty for the use of vulgar and obscene language, and to punish lewd and disorderly conduct within the limits of said city, and to pass such other and further ordinances as may be necessary or expedient for the preservation of good order, decency, morality, peace, health, welfare, convenience and the good government of said city. Lewd houses. Sec. XVIII. Be it further enacted, That the mayor and aldermen of said city shall not have power to license the sale of any spirituous, vinous or malt liquors within the limits of said city until such persons shall have fully complied with any local option or high license law which may be in force in the county of coffee, and even when any such persons shall have thus complied with any such law affecting the county of Coffee it shall be optional and

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discretionary with said mayor and aldermen as to whether a license shall be granted. In any and all events said city authorities may pass such ordinances as they may deem proper for the prevention of the sale by the punishment of any person who, in an illegal manner, may keep, sell or offer for sale in said city any spirituous or malt liquors in said city without complying with the laws and ordinances relative thereto. Sale of liquor. Sec. XIX. Be it further enacted, That the mayor and aldermen of said city shall have authority and power to compel all male persons (except such as may be specially exempted under the law) within the corporate limits of said city, between the ages of sixteen and fifty years, to work on the public streets, squares, lanes and alleys of said city not more than fifteen days during each year; provided, that any person subject to work on said streets may commute the services so required by the payment to the officer of said city authorized to receive and receipt for the same, such sum as may be fixed by said mayor and aldermen; provided further, that said sum shall not exceed three dollars per year. Street work and commutation tax. Sec. XX. Be it further enacted, That the mayor and aldermen of said city shall have power and authority to license, regulate and control all billiard tables, pool tables, or other tables of like kind, or any other kind of tables kept for public pay, tenpin alleys, ninepin alleys or other like alleys within the city, and to remove the same whenever they become nuisances; also, to assess and collect a business or license tax on all shows, circuses, exhibitions and performances of any and all kinds; also, to license, regulate and control all livery stables, drays, wagons, carts, and all pleasure vehicles of whatever kind, within the city; and the said mayor and aldermen shall have power and control over all wells and pumps and all water-works, fire companies and engines within said city. License tax Sec. XXI. Be it further enacted, That the mayor of said city shall have power and authority to hold a court at such time and place in said city as he may appoint for the trial of offenses committed against the by-laws, rules, regulations and ordinances of said city, and for such violations to punish by a fine not to exceed one hundred dollars, imprisonment in the guard-house of said city or the common jail of Coffee county not to exceed thirty days, work on the chaingang on the public works, streets, alleys, and so forth of said city (or if said city has no chaingang, then on any chaingang under the control of the authorities of Coffee county) not to exceed sixty days, and any one or more

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of the punishments may be ordered in the discretion of the mayor. The mayor of said city shall be ex officio justice of the peace so far as to enable him to issue warrants for offenses committed within the limits of the city. Said warrants may be served by the marshal or police of said city, or by any other officer authorized by law to make arrests, and acting under said warrants, said officers may make arrest either within or without the limits of said city anywhere in the county of Coffee. Offenders so arrested may be carried before the mayor, and if there is probable cause to suspect that any of the penal laws of the State have been violated by the person so charged, it shall be the duty of the mayor to commit said accused to the common jail of Coffee county to answer to the charge preferred in any court of competent jurisdiction; provided, that if said case is one that is bailable by justices of the peace, said mayor shall admit said accused to bail. If in the examination or trial of an accused under a charge of a violation of any of the municipal ordinances there is reason to suspect a commission of a crime on his part, the mayor shall have authority to bind over or commit said accused for said penal offense. Mayor's court. Mayor exofficio justice of the peace. Sec. XXII. Be it further enacted, That all executions issued by the clerk of council of the city of Douglas shall be directed to the marshal of said city, and issued in the name of the city of Douglas, and be signed by the clerk, and shall state for what issued, and be made returnable to the clerk aforesaid ninety days after the issuing of the same, and it shall be the duty of the marshal of said city to advertise the sale of such real or personal property as may have been levied on by him to satisfy said execution in the same manner respectively as sheriff's sales of real property or constable's sales of personal property are required by law to be made; all of said sales to be made at the place and within the usual hours of sheriff's sales and to be made under the same rules and regulations as govern sheriff's sales of similar property; that the time, place and manner of sale of property, both real and personal, for taxes due shall be the same as that provided by law for sales under executions for state and county taxes; whenever any land is sold the owner thereof shall have the privilege of redeeming it within one year, by paying the purchaser the amount paid therefor, with 10 per cent. premium thereon. Whenever, at any such sale for taxes due, no one present shall bid for the property put up for sale as much as the amount of such tax execution and all costs, and after such property shall have been cried a reasonable time, then any duly appointed or authorized officer or agent of the city of Douglas may

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bid off such property for the city, and the marshal or other officer making the sale shall make to the city of Douglas a deed to the property so sold and deliver the same, and the title thus acquired by the city shall be perfect and valid, after the period provided for the redemption by the owner shall have expired, and the marshal or other officer making the sale shall put the city in possession; and the mayor and aldermen shall have no power to divert or alienate the title of the city to any property so purchased, except by a public sale to the highest bidder in such a manner as may be prescribed by the ordinances of the city. The clerk shall enter on his execution dockets all executions, giving the date and amount of each and to whom delivered, and all proceedings thereunder; said execution shall also be returned to the office of the clerk after being satisfied. When affidavits of illegality or claims are interposed, then all the papers shall by the clerk be transmitted to the clerk of the city court of Douglas in all matters and things of which that court shall have jurisdiction; all other illegalities, and claims shall be returned to the clerk of the superior court, unless the amount involved be less than $50 00 when same shall be returned to the justice court of the 748th district, G. M., Coffee county. In case of illegality or claim be filed the usual and necessary bonds shall be given by the party filing or tendering said illegality or claim. The lien of tax execution in favor of the city of Douglas shall have priority on property within the corporate limits of said city over all other executions and judgments except those for state and county taxes, and by order of the mayor and aldermen shall be transferred to any person who will pay the full amount and costs of the same, and the transferee shall be subrogated to all the rights of the city as to the enforcement of such execution, which shall retain all its prior liens. Executions issued by city, how enforced. Sec. XXIII. Be it further enacted, That for the purpose of enabling the mayor and aldermen to establish and maintain or assist in the maintaining of public schools in the city of Douglas, they, the said mayor and aldermen, are hereby empowered and authorized to levy, in their discretion, a tax of one-fourth of one per cent. for said public schools, over and in addition to the regular and ordinary tax of not more than one per cent. hereinbefore authorized. Said public schools for the city of Douglas shall be established, operated and maintained in accordance with the provisions, rules and regulations as may be established by law or by the mayor and aldermen of said city in the event that no special statute shall be enacted for that purpose. Tax for public school.

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Sec. XXIV. Be it further enacted, That whenever a person is arrested under the provisions or authority of this Act, it shall be lawful for him to enter into a good and sufficient bond to be approved by the marshal or the mayor, conditioned for the faithful appearance of such person to answer such charge when the same shall be heard, and shall be payable to the mayor and aldermen of said city; which bond shall be forfeited on the non-appearance of the defendant in the same manner in the mayor's court as penal bonds are forfeited in the superior courts of this State; and said mayor is hereby empowered to issue scire facias returnable before him not less than ten nor more than twenty days, when any defendant shall fail to appear in terms of his bond, which shall be directed to and served by the marshal or other police officers of said city, and upon the return thereof to enter up judgment against such principal and such security upon such bond if the principal is not produced within said time in terms of said bond, as judgments of forfeiture are entered in the superior courts of this state; and upon all such judgments said mayor shall issue execution directed to the marshal or other police officers of said city, which may be levied upon all property of the defendant, principal or security, or both, and shall be returnable before said mayor in not less than ten nor more than sixty days from the date of judgment; and sales of property under such executions and judgments shall be conducted, advertised and made as sales of property under executions for taxes where return has been made, and such judgments of said mayor shall be a lien upon all property of said defendants, principal and security, on such bond, equal in dignity to the several courts of this state of the same date, and superior in dignity to all judgments in this state rendered after the date of such judgment of forfeiture. Appearance bonds. Sec. XXV. Be it further enacted, That no ordinance, by-law or resolution of said mayor and aldermen of a public character shall be binding within the limits of said city on persons within the same, natural or artificial, until the same shall have been published in some newspaper having a general circulation in said city, the paper in which the legal advertising for said city is done, or if this is impracticable, then by posting same in three or more public places in said city. And no ordinance or by-law shall pass the board of aldermen of said city and become a by-law or ordinance thereof until the same shall shall have been introduced and read once at the regular meeting of said mayor and aldermen when the same is introduced, and again at the next regular meeting of the said mayor and aldermen

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before the same passes and becomes a law; provided, however, that the regular meetings of the mayor and aldermen of said city may be fixed by them and changed from time to time by resolution or ordinance without reading the same but once and without any publication, and ordinances or resolutions touching quarantine, or passed in the exercise of the power of said mayor and aldermen as to quarantine, may be passed at the same meeting when introduced, whether regular, adjourned or called meeting, and after being read one time shall become a law at the time prescribed by it, care being taken to give as full and ample notice as circumstances will permit. Ordinances, publication of. Sec. XXVI. Be it further enacted, That from and after the passage of this Act the mayor and aldermen of the city of Douglas are authorized to submit to the qualified voters of said city, under the provisions of the Code of Georgia of 1895, sections 377 to 381, both inclusive, the question of issuing bonds in a sum not to exceed twenty thousand dollars, and to be sold for the purpose of establishing, building, maintaining and operating a system of electric lights or a system of water-works, or a system of electric lights and water-works, one or both systems, for said city of Douglas, and at said election the ballots shall be written or printed: For electric lights and bonds, or against electric lights and bonds, or for water-works and bonds, or against water-works and bonds, or for electric lights and water-works bonds, or against electric lights and water-works bonds, as the case may be, according to whether the question is submitted as bonds for the electric lights or water-works, or both; the city having the right, it is hereby declared and enacted, to call an election or elections to vote upon the question of establishing, building, maintaining and operating plants for either the lights or the water, or for both as may be deemed most advisable by the mayor and aldermen of said city. Bonds for electric lights and water-works. (B) Should the said election or elections herein provided for result in favor of electric lights or water-works or both, as the case may be, then the mayor and aldermen of said city of Douglas, shall be and they are hereby authorized to issue said bonds for said purposes, in a sum not to exceed twenty thousand dollars, in the aggregate, each of said bonds to be so issued to be in such sums as said mayor and aldermen may designate; provided, the same be not less than fifty dollars or more than five hundred dollars each, same to be due and payable as follows, to wit: One per cent. each for the first two years; two per cent. each year for three years; two and one-half per cent. each for six years; three per cent. each for four years; three and one-half per cent. each for six years;

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four per cent. for one year, and five per cent. each for eight years, with interest thereon not to exceed six per cent. per annum, said interest to be paid annually, and all of said bonds maturing within thirty years. (C) Said bonds shall be signed by the mayor and clerk of council of the city of Douglas under its corporate seal, and shall be sold, hypothecated or disposed of to the very best advantage of said city of Douglas as may be determined by said mayor and aldermen, and the proceeds thereof shall be used exclusively for the purpose of establishing, building, maintaining and operating either a system of electric light, or water-works, or both, as the case may be, for said city. (D) The mayor and aldermen of said city shall have full power and authority to make any and all rules, regulations and ordinances relative to said electric lights and water-works and the use of the same by the citizens of said city that they may deem right and proper, not in conflict with the laws of this State. Rules relative to water-works and electric lights. (E) Said mayor and aldermen of the city of Douglas are hereby authorized and empowered to charge the citizens of said city such sum as they, the said mayor and aldermen, may deem just and proper for use of said lights and water. Rates. (F) The mayor and aldermen of said city are hereby authorized to annually assess, lay and collect a tax on all the property, both real and personal, within the corporate limits of said city, in such sum only as they may deem necessary and right and proper, for the specific purpose of paying the interest on said bonds and accumulating a fund for the payment of the principal of said bonds on their maturity. The said tax so assessed, levied and collected to be kept separate and distinct from all other taxes, and shall be used solely for the payment of interest and principal on said bonds as aforesaid. Tax for interest and sinking fund. (G) The principal of said bonds, when they shall become due, and the coupons or interest warrants of the same, when they shall become due, shall be receivable by the city of Douglas in payment of all dues to said city, and said bonds shall not be taxable, directly or indirectly by the city of Douglas. Interest coupons. (H) Be it enacted, That if the election herein provided for either for electric lights or water-works, or both, should be against the issuing of bonds for either or both systems, then and in that event the mayor and aldermen of said city of Douglas may at their own instance, and shall on the application of any five freeholders of said city, at any time thereafter order another election under the

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provisions of this Act; provided only, that such elections shall not be held oftener than once in every six months; and provided further, that it said mayor and council should call an election for a vote only as to the lights or the water and the same should be for issuing of bonds for that purpose, then still they may call another election at such time as they may deem proper to vote as to establishing the other system; provided only, that the aggregate amount of bonds shall not exceed the amount herein provided for Other elections. Sec. XXVII. Be it further enacted, That all ordinances heretofore adopted by the mayor and aldermen of the city of Douglas, for said city, and which are now in force, and which are not in conflict with this Act, shall remain in full force and effect; provided, that said mayor and aldermen of the city of Douglas may at any time repeal, alter or amend any or all of said ordinances, or they may, by an ordinance, repeal all ordinances heretofore passed. Former ordinances. Sec. XXVIII. Be it further enacted, That all Acts of the General Assembly heretofore passed conferring any power on the mayor and aldermen, or restricting any of the powers of said mayor and aldermen, not in conflict with this Act, and other than those contained in this Act, are not repealed, but all provisions of former Acts which are at variance with this Act are hereby expressly repealed, and all laws and parts of laws in conflict with this Act are hereby repealed. Former laws. Approved December 20, 1899. ELLIJAY, CHARTER AMENDED. No. 244. An Act to amend an Act amendatory to the charter of Ellijay, in the county of Gilmer, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That said Act approved October 24th, 1887, be amended by striking out the word September in the 16th line, and inserting in lieu thereof, the word December. Ellijay, charter amended. Sec. II. Be it enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 8, 1899.

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FIVE FORKS, TOWN OF, INCORPORATED. No. 234. An Act to incorporate the town of Five Forks in the county of Madison, to define the corporate limits of said town, to confer upon the mayor and councilmen of said town certain rights, powers, privileges and duties, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the town of Five Forks, located in the county of Madison, on the Georgia, Carolina and Northern Railroad, be, and the same is, hereby incorporated under the name of Five Forks, with all the rights and liabilities of a municipal corporation. Five Forks, incorporated. Sec. II. Be it further enacted, That the corporate limits of said town shall be a half mile in every direction from the Georgia, Carolina and Northern depot, in said town, as a center. Corporate limits. Sec. III. Be it further enacted, That on the first Saturday in January, 1900, and annually thereafter on the same day, there shall be an election held, in said town, for mayor and four councilmen, who shall hold their office for one year and until their successors are elected and qualified, but no one shall vote for or be eligible to the office of mayor or councilmen of said town, who 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 concluded 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 upon the discharge of the duties of the offices to which they have been elected. Mayor and councilmen, election of. Sec. IV. Be it further enacted, That the first election to be held under the provision of this Act shall be held at the Georgia, Carolina and Northern depot, in said town, and that the elections, to be held annually thereafter, may be held at any place within the corporate limits of said town, which may be designated by the mayor thereof; provided, that if this Act has not passed both Houses of the General Assembly and been approved by the Governor at the time specified for holding said first election, then, said election may be held within sixty days from the passage of said Act. Place of voting. Sec. V. Be it further enacted, That said mayor and councilmen,

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before entering upon the discharge of their duties, 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 councilman as the case may be, of the town of Five Forks, according to the best of my ability and understanding, so help me God. Oath of mayor and councilmen. Sec. VI. Be it further enacted, That said mayor and councilmen shall have power and authority to elect such marshals, clerks, and other subordinate officers as they may deem necessary for carrying into effect the powers herein conferred upon them, to prescribe the fees and duties of such subordinate officers and require such bonds for the faithful performance of their duties as they may deem necessary and proper. Officers. Sec. VII. Be it further enacted, That the mayor shall be ex-officio a justice of the peace, and shall have full authority to issue warrants for any offense committed within the corporate limits of said town, and shall have power to compel the attendance of witnesses, to examine them under oath, to admit any offender to bail, or commit him to jail for violation of the laws of the State, and to admit to bail or commit to the guard-house for the violation of the ordinances of said town. Mayor ex-officio a justice of the peace. Sec. VIII. Be it further enacted, That said mayor and councilmen shall have full power and authority to pass all ordinances and by-laws that they may deem necessary for the government of said town, provided they be not repugnant to the constitution and laws of this State or of the United States. General powers. Sec. IX. Be it further enacted, That said mayor and councilmen shall have power to levy and collect a tax, not exceeding one-tenth of one per cent. of the State tax, 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 of said town, or they may prescribe a commutation tax which may be paid in lieu of work on the streets. Taxes. Sec. X. Be it further enacted, That the mayor of said town, and in his absence the mayor pro tem., who shall be elected by the councilmen, from among their own number, shall be the chief executive officer of said town. He shall see that ordinances, by-laws, rules and orders of the council are faithfully discharged, or executed. He shall have control of the police of said town, and may appoint special police whenever he may deem it necessary, and

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it shall be his duty especially to see that the peace and good order of the town are preserved and that persons and property therein are protected, and to this end he may cause the arrest and detention of all rioters and disorderly persons in said town. He shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and in default of immediate payment thereof he may imprison the offender, in the guard-house of said town, not exceeding thirty days. Mayor pro tem. Duties and powers of mayor. Sec. XI. Be it further enacted, That if at any time the office of mayor or councilman shall become vacant by death, resignation or otherwise, the remaining members of the council may fill such vacancy by appointment from among the citizens of said town eligible to such office under the provisions of this Act. Vacancies. Sec. XII. Be it further enacted, That the mayor of said town shall not be entitled to vote on any question which may come before said body except in case of a tie, in which event he shall be entitled to vote. Vote of mayor. Sec. XIII. Be it further enacted, That the sale of spirituous, malt or vinous liquors is hereby prohibited within the corporate limits of said town, and any person violating the provisions of this section shall be punished by a fine of not less than twenty-five dollars, nor more than two hundred dollars, or imprisoned at the discretion of the mayor and councilmen of said town, for each offense, and said town authorities shall have power to inflict, as a punishment for the violation of this section, both fine and imprisonment whenever they may deem it necessary for the enforcement of the same. Sale of liquor prohibited. Sec. XIV. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved December 8, 1899.

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FORT GAINES, CHARTER AMENDED. No. 361. An Act to amend an Act entitled an Act to incorporate the town of Fort Gaines, in Clay county, approved September 25th, 1883, so as to authorize the city council of said town of Fort Gaines to levy and collect an annual tax upon all property, real and personal, within the corporate limits of said town; provided, that no tax upon real or personal property shall exceed one per cent. upon the value thereof; provided, also that all lands within the corporate limits of said town used exclusively for farming purposes shall be exempt from the payment of corporation tax, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 13 of an Act entitled an Act to incorporate the town of Fort Gaines in Clay county, to define the limits of the same, and for other purposes, and to repeal all previous Acts incorporating the same or amendatory thereto, be amended by striking out after the word exceed in the fifth line of said section, as the same appears on page 454, Georgia Laws, 1882-3, the words one-half of one per cent. and substituting in lieu thereof the words one per cent., so that said section as amended shall read as follows: Be it further enacted, That said city council shall have power and authority to levy and collect a tax upon all property, real and personal, within the corporate limits of said town, and upon all banking, insurance and other capital employed therein; provided, that no tax upon real or personal property shall exceed one per cent. upon the value thereof; provided, also that all lands used within said corporate limits exclusively for farming purposes shall be exempt from the payment of corporation tax. The said city council shall also have power to levy and collect a specific tax upon bankers, insurance agents, managers of gift enterprises, shows of all sorts, keepers of billiard and pool tables, tenpin alleys, and upon all persons exercising, within the town, any profession, trade or calling, or any business of any character or nature whatever; provided, said tax is not in conflict with any law of this State. Fort Gaines. Tax on property. Specific taxes. Sec. II. Be it further enacted, That this Act shall take effect from and immediately after its passage, and that all laws and parts of laws in conflict with the same be, and they are, hereby repealed. Approved December 20, 1899.

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HAMILTON, NEW CHARTER. No. 274. An Act to amend, consolidate and supersede the several Acts incorporating the town of Hamilton in the county of Harris; to confer additional powers upon the corporate authority thereof, and otherwise to amend the charter of said town; to provide a new charter for the same, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act adopted on the fifth day of March, 1875, entitled an Act to amend, consolidate and supersede the several Acts incorporating the town of Hamilton in the county of Harris, and to grant certain privileges to the same, and all Acts amendatory thereof be, and the same are, hereby consolidated, amended and superseded by the following Act providing a new charter for the town of Hamilton. Hamilton, town of, new charter. Sec. II. Be it further enacted by the authority aforesaid, That the municipal government of the town of Hamilton, in the county of Harris, shall consist of a mayor and four councilmen, who are hereby constituted a body corporate under the name and style of the Town of Hamilton and by that name and style shall have perpetual succession, shall have a common seal and be capable in law and equity of having, purchasing, holding, receiving, enjoying, possessing and retaining to them and their successors in office for the use of the town of Hamilton any estate or estates, real or personal, of whatever kind, whether real or personal, within or 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 in this State, and shall succeed to all rights and liabilities of the corporation of the town of Hamilton. Mayor and councilmen corporate body of town of Hamilton. Sec. III. Be it further enacted, That the corporate limits of said town shall extend from the courthouse one mile on the Columbus road, six hundred and fifty yards on the Blue Spring road, three-quarters of a mile on the LaGrange and Whitesville roads, seven hundred and fifty yards on the Goodman's Cross Roads, seven hundred and fifty yards on the Greenville road, six hundred and fifty yards on the Valley Plains road, and to the creek on the Hood's Mill road, and that the lines connecting these points shall

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be the limits of said town and shall be so run as to include within said limits the residences of F. S. Howard, J. H. C. Farr, the hospital building and the cemetery. Corporate limits. Sec. IV. Be it further enacted by the authority aforesaid, That an election shall be held in the town of Hamilton on the first Saturday in January, 1900, for the election of a mayor and four councilmen for said town of Hamilton, whose term of office shall expire on the first Monday in November, 1900; said election to be by ballot. On the first Monday of November, 1900, and on the first Monday of November in each year thereafter an election shall be held in the town of Hamilton for the election of a mayor and four councilmen for said town, said election to be by ballot. Each of said officers elected at the November election, 1900, and at each regular election thereafter shall serve for one year and until their successors are elected and qualified at the first meeting of the mayor and councilmen of the town of Hamilton, or as soon thereafter as practicable. one of said councilmen shall be chosen as mayor pro tem. Mayor and councilmen, election of. Mayor pro tem. Sec. V. Be it further enacted by the authority aforesaid, That in case of vacancy in any of the offices mentioned in 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 councilmen within thirty days, giving ten days' notice by publication, to fill such vacancy. Vacancies. Sec. VI. 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 free-holders, or by three free-holders, all of whom shall be citizens of said town, and each of said managers, before entering upon his duties shall take, before some justice of the peace or some other officer duly qualified to adminster an oath, the following oath, to wit: I do solemnly swear that I will faithfully and impartialy conduct this day's election, held for mayor and councilmen for the town of Hamilton, and that I will not knowingly prevent any person from voting who is qualified to vote in this election, nor will I knowingly allow any person to vote who is disqualified. 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. Managers of elections Oath of. Sec. VII. 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

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shall place said lists of voters and said tally sheets, with the ballots, in the ballot-box, and shall seal said ballot-box and deposit same with the ordinary of said county. The managers shall also certify to the person receiving the highest number of votes in said election for mayor and to the four persons receiving the highest number of votes for councilmen, which said certificate shall be by said managers filed with the mayor and council then in office, who shall declare the result of said election. Returns. Sec. VIII. Be it further enacted by the authority aforesaid, That all persons who have been bona fide residents of the town of Hamilton for thirty days prior to said election for mayor and councilmen, and who have paid all municipal taxes required of them, and who are qualified to vote for members of the General Assembly of Georgia, shall be entitled to vote in said election for said mayor and councilmen. Qualified voters. Sec. IX. Be it further enacted by the authority aforesaid, That as soon as the mayor and board of councilmen of said town of Hamilton shall 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, any ordinary, clerk of the superior court, notary public, or the former mayor of the town, and shall forthwith enter upon the duties of their offices, to wit: I (A B) do solemnly swear that I will well and truly perform the duties of mayor (or councilman, as the case may be) of the town of Hamilton, to the best of my skill and ability, without favor or affection, so help me God. oath of mayor and councilmen. Sec. X. Be it further enacted by the authority aforesaid, That no person shall be eligible to the position of mayor or councilman unless he is over the age of twenty-one years, a citizen of the United States and of Georgia, and shall have resided in the town of Hamilton at least one year before his election. Eligibility. Sec. XI. Be it further enacted by the authority aforesaid, That the mayor shall be the chief executive officer of the town of Hamilton. He shall see that all laws, ordinances, resolutions and rules of the town are faithfully executed and enforced, and all officers of the town shall faithfully discharge the duties required of them; he shall have general jurisdiction of the officers of the town; he shall preside at all metings of the mayor and board of councilmen of the town of Hamilton, and shall have the right to vote in all elections and on all questions coming before said board whenever there is a tie in such election or questions, but shall not have the right to vote on any question unless there is a tie on such question,

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and the said mayor shall have the right to veto any law or ordinance, resolution or other act done by said board of councilmen, but his veto may be overruled whenever three members of said board vote to overrule the same; provided, that whenever the mayor is absent from any meeting the mayor pro tem. or some councilman may preside. Mayor, duties and powrs. Sec. XII. Be it further enacted by the authority aforesaid, That there shall be a mayor's court for the trial of offenses and offenders against the laws and ordinances of the town, which court shall be held by the mayor, and in his absence, or disqualification, by the mayor pro tem. Said court shall have the power to preserve order, to compel the attendance of witnesses, to punish for contempt by imprisonment not exceeding two days, or by fine not exceeding ten ($10.00) dollars, or both; and said mayor shall also have the power, on conviction of any person of the violation of the ordinances or laws of the town of Hamilton, to sentence such persons to labor upon the streets or public works of said town not to exceed sixty days, or to impose a fine not to exceed one hundred ($100.00) dollars, or to imprison in county jail or such other place as may be provided by said mayor and council, not to exceed fifty days, either or all of said sentence, in his discretion. Mayor's court. Sec. XIII. Be it further enacted by the authority aforesaid, That the mayor shall have authority and power to issue warrants against any person violating any of the laws of this State within the corporate limits of the town of Hamilton, and shall have full power and authority to commit the offenders to jail, or to bail them (if the offense is bailable) to appear before the court having jurisdiction, and if, while trying any person charged with the violation of any ordinance or law of the town of Hamilton, it shall be made to appear that such person has violated the criminal laws of this State, said mayor shall have power to commit such person to jail, or to bail him, if the offense is bailable, to appear before the court having jurisdiction thereof. Commitment. Sec. XIV. Be it further enacted by the authority aforesaid, That the mayor and councilmen of the town of Hamilton shall have the right to elect the clerk of said board, and also a treasurer for the town of Hamilton, which clerk and treasurer may or may not be selected from the board of councilmen, at the discretion of said board, and the said board shall also elect a marshal or marshals for said town, and to fix the compensation for the same; to require bond and security for the faithful discharge of their duties; provided,

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that the compensation of the clerk shall in no case exceed the sum of thirty (30.00) dollars per annum, nor shall the compensation of the treasurer exceed the sum of twenty ($20.00) dollars per annum, and the compensation of the marshal shall in no case exceed the sum of three hundred ($300.00) dollars per annum, unless it becomes necessary to have more than one marshal, and in that event the compensation for all the marshals of the town shall not in the aggregate exceed six hundred ($600.00) dollars per annum. Officers. Sec. XV. Be it further enacted by the authority aforesaid, That for the purposes of raising revenues for the support and maintenance of the town of Hamilton, the mayor and councilmen of said town are hereby authorized to prescribe by ordinance for the assessment, levy and collection of ad valorem tax on all real and personal property within the corporate limits of said town, to defray the ordinary actual expenses of said town, said tax not to exceed one-half of one per cent. Ad valorem tax. Sec. XVI. Be it further enacted by the authority aforesaid, That the mayor and councilmen of the town of Hamilton shall have power and authority to license, regulate and control all taverns, restaurants, livery stables, hacks, drays and other vehicles, auctioneers, venders, masters, itinerant traders, theatrical performances, circuses and exhibitions of all kinds, itinerant lightning-rod peddlers, immigrant agents, clock venders, peddlers of all kinds, itinerant dealers in jewelry, and all other traveling or intinerant venders of articles, goods, wares and merchandise of every nature whatsoever; every keeper of billiard, pool, or bagatelle tables for public use; every keeper of shooting gallery, tenpin alley, and upon the keeper of any table, stand or place, or games, whether played with sticks 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 or oysters, vegetables, fruits, bread or articles of food; and all other establishments, business or calling or avocation, and to impose such license and special tax on any and all of such trades, professions, games, shows, agents, peddlers, or avocations, as in their discretion, they may see proper; except such professions, trades and avocations as are specially exempt from taxation by municipal authorities under the general law of this State. Specific taxes. Sec. XVII. Be it further enacted by the authority aforesaid, That said mayor and councilmen of the town of Hamilton shall have the power to compel all persons who are subject to road duty

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under the general laws of this State, to work on the public streets of the town of Hamilton not exceeding fifteen days, or to pay in lieu thereof a commutation tax not to exceed ($5.00) five dollars; and shall have power to summons such persons to perform such work under such rules and regulations as they may adopt; and on failure of any person to appear and work, as required by the ordinances, to impose such fines as may be reasonable and just for contempt, or may for such contempt imprison such person or work them on the streets of the town of Hamilton not exceeding sixty days, or impose a fine not exceeding one hundred ($100.00) dollars, or either at the discretion of the said mayor and councilmen. Commutation tax. Sec. XVIII. Be it further enacted by the authority aforesaid, That the said mayor and councilmen of the town of Hamilton shall have power and authority to appoint three freeholders, residents of said town, as a board of assessors of tax returns, whose duty it shall be to scrutinize carefully each return of property, real and personal, made by every tax payer of said town, and if, in their judgment, they shall find the property embraced in said return, or any portion thereof, returned below its value, they shall assess its true value; and said board of tax assessors may also assess the value of all property in said town not returned for taxation, compensation of assessment not to exceed three ($3.00) per day. Tax assessors. Sec. XIX. Be it further enacted by the authority aforesaid, That the mayor and councilmen of the town of Hamilton shall have full and complete control of the streets, alleys, side-walks, parks, squares and cemeteries in said town, and shall have power and authority to open, lay out, widen, straighten, or otherwise change all streets, sidewalks, alleys, parks and squares of said town of Hamilton; and all the right to condemn private property for the public uses aforesaid, and to prescribe such rules and regulations for assessment of damages as they may see proper, which are not in conflict with the laws of this State. Streets. Sec. XX. Be it further enacted by the authority aforesaid, That the mayor and councilmen of the town of Hamilton have power to remove any forge, or smith-shop, where, in its operation, it may be necessary to insure safety against fire; it shall have power to remove stove-pipes, or other things which shall endanger the town as to fire, and shall also have power and authority to abate all nuisances within the corporate limits of said town; and in case any nuisances are erected in said town they may abate the same at the expense of the owner or person erecting such nuisance, and

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shall have the power to issue instanter execution against such person erecting the same. Fire regulations. Nuisances. Sec. XXI. Be it further enacted by the authority aforesaid, that said mayor and councilmen of the town of Hamilton shall have power to establish and regulate markets; to prescribe the time for holding the same; to prevent injury or annoyance to the public, or individuals, of anything dangerous, offensive or unwholesome; to prevent hogs, cattle, horses or sheep, dogs or other animals and fowls of every kind 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 that shall become a nuisance; to provide in and near said town places for the burial of the dead, and to regulate interments therein; to provide for the proper drainage of lots by proper drains and ditches; to protect the property and persons of the citizens of said town; 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 duties and powers of the officers appointed by the mayor and councilmen of the town of Hamilton; to fix their term of service and compensation; require and take from them bonds, when deemed necessary, payable to the mayor and councilmen of the town of Hamilton, or their successors in office, with such sureties and in such penalties as such mayor and councilmen see fit, for the faithful discharge of their duties; and provide a revenue for said town, and to appropriate the same to the expenses; to organize a chaingang or workgang, to work upon the streets of said town and for sanitary purposes. Market. Municipal powers. Sec. XXII. Be it further enacted by the authority aforesaid, that the mayor and councilmen of the town of Hamilton 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 assessment of every kind; for fines and forfeitures; for any other debt or demand due the town, such execution to be issued by the clerk, to be issued in the name of the mayor of the town of Hamilton, 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 all property levied on by virtue of any execution, whether real or personal, shall be sold before the justice's courthouse door, in said town of Hamilton, by the marshal of said town; all real estate so levied shall be advertised in a newspaper published in the town of Hamilton, if

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there be one, and if not, in the paper in which the sheriff's advertisements in said county are published, once a week for four consecutive weeks prior to said sale, and after having given the property owners the same notice of levy as is required of the sheriff when he makes a levy upon real estate, and to authorize the marshal, as aforesaid, to execute deeds to the purchaser of said real estate at his sales as aforesaid; provided, that all sales of personal property levied on by the marshal shall take place at the courthouses door of said town, after advertising the same for ten days at three or more places in the town of Hamilton; and all such sales of both real and personal property, shall take place on the first Tuesday in each month, within the present legal hours of sale. Municipal claims, how collected. Sec. XXIII. Be it further enacted by the authority aforesaid, That no person who may be convicted before the mayor's court shall have the right to appeal to the board of councilmen, but such person, by giving notice of intention to certiorari, may suspend the judgment and may be released from custody upon giving bond with security, in such sum as may be fixed by the mayor for his appearance; and provided, that certiorari proceedings from the said court shall be sued out within thirty days from the date of the judgment; and provided, that no certiorari shall issue until all costs have been paid, or an affidavit made by the defendant, showing his inability to pay cost. Certiorari. Sec. XXIV. Be it further enacted by the authority aforesaid, That the mayor and councilmen of the town of Hamilton shall have full 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. General powers. Sec. XXV. Be it further enacted by the authority aforesaid, That the mayor of the town of Hamilton shall be paid such compensation for his services as may be fixed by the ordinance of said town, not exceeding fifty ($50.00) dollars per annum; and that the fee provided for in this section shall not be changed or altered but one time in each year; and that each succeeding mayor and council fix by ordinance the mayor's fee. Mayor's salary. Sec. XXVI. Be it further enacted by the authority aforesaid, That the sale of malt or spirituous or intoxicating liquors be, and the same are, hereby prohibited within the corporate limits of the town of Hamilton, and the corporate authorities shall have the right

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to inflict punishment on all persons keeping such liquors within the corporate limits of said town for the purpose of illegal sale or furnishing. Sale of liquor prohibited. Sec. XXVII. Be it further enacted by the authority aforesaid, That the present mayor and council of the town of Hamilton shall have all the power and authority of mayor and councilmen of the town of Hamilton, until the election of mayor and councilmen to be held on the first Saturday in January, 1900. Sec. XXVIII. Be it further enacted by the authority aforesaid, That this charter take effect January 1st, 1900. Sec. XXIX. Be it further enacted by the authority aforesaid, That the mayor and councilmen of said town shall have authority to provide, repair and keep in proper condition all sidewalks within the corporate limits of the town of Hamilton. Sidewalks. Sec. XXX. Be it further enacted, That said mayor and councilmen shall have power to prevent the riding or driving horses or other animals at an improper speed; prevent the flying of kites, throwing of stones, balls or other objects and things, or engaging in any employment or sport in the town of Hamilton dangerous or annoying to citizens or other persons, or their property, and to prohibit the abuses of animals or breaking or training the same in the streets of said town. They shall further have the power to regulate the use of firearms and fireworks within the limits of said town, and to prevent the discharging or firing of the same, as they may deem best. Police powers. Sec. XXXI. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 20, 1899. HARRISON, CHARTER AMENDED. No. 287. An Act to amend an Act to incorporate the town of Harrison, in the county of Washington; to grant certain powers and privileges to the same, and for other purposes, approved December 21st, 1886, by changing the corporate limits of said town, and by allowing the mayor of said town such annual salary as the council may deem proper.

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Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the above Act be, and the same is, hereby amended as follows: By striking the word one in the second line of section II. of said Act immediately following the word extend and immediately preceding the word mile, so that said section, when so amended, shall read as follows: Section II. Be it further enacted by authority of the same, That the corporate limits of said town shall extend one mile in every direction from the depot of the Wrightsville and Tennille railroad in said town. Harrison, town of. Corporate [Illegible Text]. Sec. II. Be it further enacted by the authority of the same, That section X. of the above recited Act shall be amended as follows: by adding after the word marshal at the end of the first line of section X. the words and mayor; and shall be further amended by striking from the third line of said section X., immediately following the word the, and immediately preceding the word councilmen, the words mayor and, so that said section when amended shall read as follows: Section X. Be it further enacted, That the clerk and marshal and mayor shall receive such annual salaries as the council may deem just and proper. Councilmen shall not receive any salaries, but shall be exempt from street tax during the continuance of their official terms. Salaries. Sec. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 19, 1899. HAHIRA, CHARTER AMENDED. No. 228. An Act to amend an Act to incorporate the town of Hahira, in the county of Lowndes, and for other purposes, approved October 2d, 1891, so as to change the corporate limits of said town and to allow the mayor and council to fix a penalty for violation of the law prohibiting the sale of spirituous, alcoholic, malt or intoxicating liquors in the corporate limits of said town. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act of 1891 incorporating the town of Hahira, in the

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county of Lowndes, shall be amended by striking out all of the second section following the word town in the second line thereof, and inserting the following words: shall be one mile square and the center of the south line shall be in the center of the track of the Georgia Southern and Florida Railroad, one-half mile south from the center of the Georgia Southern and Florida Railroad track, and the middle of Main street, where said street crosses said railroad track, and the center of the north line shall be the center of the track of Georgia Southern and Florida Railroad, one-half mile north from the center of the track of the Georgia Southern and Florida Railroad, and the middle of Main street, where it crosses said railroad track, so that said section as amended shall read as follows: That the corporate limits of said town shall be one mile square and the center of the south line shall be in the center of the track of the Georgia Southern and Florida Railroad one-half mile south from the center of the Georgia Southern and Florida Railroad track and the middle of Main street where it crosses said railroad track, and the center of the north line shall be in the center of the track of the Georgia Southern Railroad one-half mile north from the center of the track of the Georgia Southern and Florida Railroad and the middle of Main street, where it crosses said railroad track. Hahira, town of. Corporate limits. Sec. II. Also to further amend by striking out all of ninth section following the word prohibited in the third line thereof and inserting the words, and that the mayor and council of said town shall have authority to fix a penalty for any violation of this section, so that when amended said section shall read as follows: That the sale of spirituous, alcoholic, malt or other intoxicating liquors within the corporate limits of said town is hereby prohibited and that the mayor and council of said town shall have authority to fix a penalty for any violation of this section. Sale of liquor, penalty. Sec. III. Be it further enacted. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 8, 1899.

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JACKSON, CHARTER AMENDED. No. 312. An Act to amend an Act amending the Act incorporating the town of Jackson, Butts county, Georgia, approved December 22, 1898. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section XIX. of the Act amending the Act incorporating the town of Jackson, Butts county, Georgia, approved December 22d, 1898, (Acts of General Assembly, 1898, page 190), and the same is hereby altered and amended as follows: By striking from the eleventh line of said section all the words except the words public schools for the whites at the beginning of said line, to the end of said section, and adding therefor the following: The mayor and council of the town of Jackson shall provide for the election of a board of trustees for said schools, said board to consist of nine members, to be elected by the qualified voters of said town, at the same place and time and in the same manner of holding elections for mayor and councilmen of said town. Jackson. School trustees. At the next annual election there shall be elected two trustees from each of the four wards of said town, and one from the said town at large, each ward to nominate its own representatives in a mass-meeting or primary held for that purpose, to be known as ward trustees, two of said ward trustees to hold office one year and two to hold office two years, and each ward shall determine which of its trustees shall hold office two years and which two for one year. Said trustee elected from the town at large shall be known as the town trustee and shall be nominated as the mayor of said town is nominated, and shall hold his office for one year, and annually thereafter there shall be elected one trustee from each ward to fill the places of the retiring four. After the first year the term of office of the ward trustees shall be for two years. The town trustee shall by virtue of his position be the chairman of said board of trustees. Neither the mayor nor any member of the town council of Jackson shall be eligible to serve on said board of trustees. The mayor and council of the said town shall pass ordinances prescribing the duties and powers of said board and have a general supervision over its acts and doings, so that said section, when so

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amended, will read as follows: That with the consent of two-thirds of the qualified voters of said town, the mayor and council shall have power and authority to issue bonds for the erection of public schools in said town, and to levy an annual tax, not to exceed five-eighths of one per cent., upon the assessed taxable property of said town to maintain said schools; that the pro rata amount from such levy upon the property of the negro shall be used to establish and maintain public schools for the negro; and the money thus raised by levy upon the property of the whites shall be used to establish and maintain public schools for white persons. Bonds for public schools. The mayor and council of the town of Jackson shall provide for the election of a board of trustees for said schools. Said board to consist of nine members to be elected by the qualified voters of said town, at the same place and time and in the same manner of holding elections for mayor and councilmen of said town. At the next annual election there shall be elected two trustees from each of the four wards of said town, and one from the said town at large, each ward to nominate its own representatives in a mass-meeting or primary held for that purpose, to be known as ward trustees; two of said ward trustees to hold office one year and two to hold office two years, and each ward shall determine which of its trustees shall hold office two years, and which two for one year; said trustee elected from the town at large shall be known as the town trustee, and shall be nominated as the mayor of said town is nominated, and shall hold his office for one year; and annually thereafter there shall be elected one trustee from each ward to fill the places of the retiring four. After the first year the term of office of the ward trustee shall be for two years. Board of trustees. The town trustee shall, by virtue of his position, be the chairman of the said board of trustees. Neither the mayor nor any member of the town council of Jackson shall be eligible to serve on said board of trustees. The mayor and council of the said town shall pass ordinances prescribing the duties and powers of said board, and have a general supervision over its acts and doings. Sec. II. Be it further enacted by the authority aforesaid, That section XXI of the Act amending the Act incorporating the town of Jackson, Butts county, approved December 22d, 1898, shall be stricken from said amending Act and in its place the following substituted: The mayor and council of the town of Jackson, Butts county, Georgia, shall, at their first meeting in each year,

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or as soon thereafter as practicable, elect a suitable person to serve as clerk and treasurer of said town, and to fix his compensation by ordinance. Clerk and Treasurer. Sec. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899. JEFFERSON, CITY OF, INCORPORATED. No. 246. An Act to incorporate the city of Jefferson, in the county of Jackson, and prescribe its limits; to provide for a mayor and aldermen, and other officials of said city, and prescribe their powers and duties, and the manner of their election; to declare and define the police powers of said city, and provide for all matters of municipal concern and cognizance; to provide that all valid legal contracts heretofore entered into by the corporate authorities of the town of Jefferson shall be good and valid for and against the city of Jefferson, and that all property now held and owned by the town of Jefferson shall be and become the property of the city of Jefferson, and for other purposes. Section I. 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 one mile in every direction from the center of the public square as it is at present located in Jefferson, in the county of Jackson, be incorporated under the name and style of the city of Jefferson, and said city of Jefferson is hereby incorporated and by that name and style shall have perpetual succession; may have and use a common seal; may sue and be sued; may plead and be impleaded in any court of law or equity in this State; shall be capable in law or equity to purchase, have and hold, receive and enjoy, possess and retain, for corporate purposes, any estate or estates, real or personal, of whatever kind or nature within the jurisdictional limits of the city of Jefferson, and may sell or otherwise dispose of the same for the benefit of said city, as to the city council may seem fit and proper; the mayor of said city, by direction of the city council, making deed to any property sold or disposed of by the said city; provided, that this section shall not be so construed

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as to subject the corporation aforesaid to the liability of keeping any bridge or bridges or embankment, connected therewith, across Curry's Creek in repair without consent of the corporation. Jefferson, city of, corporate imits and owers. Sec. II. Be it enacted by the authority aforesaid, That the municipal government of the city of Jefferson shall be vested in a mayor and five aldermen, who shall be elected in the manner hereinafter set out, and who shall compose the city council of Jefferson. Mayor and aldermen. Sec. III. Be it enacted by the authority aforesaid, That an election shall be held at the courthouse in the city of Jefferson, on the second Monday in December annually. On the second Monday in December, 1900, a mayor and five aldermen shall be elected, the mayor and two aldermen for two years, the two aldermen elected for two years to be so designated on the tickets voted, and three aldermen for one year, the three aldermen elected for one year to be so designated on the tickets voted. (Said mayor to be ineligible for a second term, but eligible again thereafter.) On the second Monday in December, 1901, and every two years thereafter, three aldermen shall be elected to serve for two years, and until their successors are elected and qualified, and on the second Monday in December, 1902, and every two years thereafter, a mayor and two aldermen shall be elected to serve for two years and until their successors are elected and qualified. The mayor and two aldermen elected for two years at said first election shall serve for two years from time of their installation, and until their successors are elected and qualified. Elections. Sec. IV. Be it enacted by the authority aforesaid, That all elections shall be superintended and managed by a justice of the peace or some other judicial officer and two freeholders, residents of said city, and before entering on their duties as managers of said elections, they shall 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 other judicial officers, or freeholders (as the case may be), residing in the city of Jefferson; 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, said oath to be signed by each manager in the capacity in which he acts; said oath may be administered by any person in the county of Jackson qualified to administer oath, or, if no such person can be had, said superintendents or managers may

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swear each other; said managers shall keep two lists of voters and two tally sheets of said election. Managers of elections. Sec. V. Be it 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 5 o'clock p.m., when they shall be closed, and the managers of said election 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 certificate of the result on each tally sheet, and shall place one of the said lists of voters and one of said tally sheets, together with the ballots in an envolope or box, and seal the same and deposit with the clerk of the superior court of Jackson county. The other list of voters and tally sheet shall be filed by the managers with the clerk of the city council for delivery to and inspection by said city council, who shall meet within five days after said election is held and declare the result of the same. The clerk of the superior court and the clerk of the city council, after the expiration of sixty days from the time of said election shall destroy said ballots and lists of voters, without inspection; provided, no notice of contest be filed or pending. Polls. Returns. Sec. VI. Be it enacted by the authority aforesaid, That all persons who shall have paid all taxes legally imposed and demanded by the city authorities, except taxes for the year in which the election is held, who have been bona fide residents of said city for sixty days previous to the time when the election is held, who have registered as qualified voters of the city as hereinafter provided for, and who are qualified to vote for members of the General Assembly of Georgia, except registration in the registration books, kept by the county tax-collector or registrar, shall not be considered a necessary qualification, shall be considered electors, and be entitled to vote in said city elections, and no other shall be qualified to vote. Qualified voters. Sec. VII. Be it enacted by the authority aforesaid, That the clerk or treasurer or such other persons as may be designated by the city council, shall open a list or book for the registration of voters, ample notice of which shall be given by publication in the newspaper in which sheriff's advertisements for the county of Jackson are published, or by posting at three or more public places in said city, for at least fifteen days prior to any election, which list or book shall be finally and absolutely closed for registration five days before the election, after which time no person shall be allowed to

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register. Each and every person applying to be registered shall make oath before the registrar in whose possession is the list or book of registration, who is hereby authorized to administer the same, which oath shall be written or printed on said list or book of registration as follows: I do swear that I am twenty-one years of age, or will be by the time of the election now next to be held in the city of Jefferson. By the next municipal election in the city of Jefferson I will have resided in the State of Georgia twelve months, in the county of Jackson six months, and in the city of Jefferson sixty days. 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. VIII. Be it enacted by the authority aforesaid, That the registrar shall furnish the list or book of registration to the managers of the election, together with an alphabetical list of the names of the registered voters at the opening of the polls, and the managers shall be judges of the qualification of all registered voters. List of voters. Sec. IX. Be it enacted by the authority aforesaid, That if any person shall register on the list or book kept by the registrar, as aforesaid, who is not entitled to register under the laws of said city, or if any person votes in any election in said city who is not legally entitled to vote under the laws of said city, he shall be guilty of a misdemeanor, and shall be punished as prescribed in section 1039 of the Code of 1895, upon conviction, after indictment on presentment by the grand jury of the county of Jackson. Illegal registry or vote. Sec. X. Be it enacted by the authority aforesaid, That all persons who have registered as qualified voters of the city of Jefferson during the year 1900 under the laws now governing the registration of voters in said city, and who are otherwise qualified to vote in municipal elections in said city of Jefferson under the laws of said city now in force, shall be qualified to vote for mayor and aldermen of the city of Jefferson to be elected under the provisions of this Act on the second Monday in December, 1900. Election in 1900. Sec. XI. Be it enacted by the authority aforesaid, That the mayor and aldermen of said city elected on the second Monday in December, 1900, shall on the first day of January, 1901, be installed in office by taking and subscribing the following oath, which may be administered by any officer authorized by law to administer oaths: I do solemnly swear that I will faithfully discharge the duties devolved upon me as mayor (or aldermen, as the case may be) of the city of Jefferson, that I will faithfully execute and enforce

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the laws of said city, to the best of my ability, skill and knowledge and that I will do all in my power to promote the general welfare of the inhabitants of said city, and the common interests thereof, so help me God. And on the first day of January of each year thereafter the mayor and aldermen elect, or the aldermen elect, shall be installed in office by taking and subscribing said oath. If the first day of January be on Sunday, the installation shall be on the Monday following. Oath of mayor and aldermen. Sec. XII. Be it enacted by the authority aforesaid, That the present officers of the city of Jefferson, to wit: Jesse C. Bennett mayor, F. L. Pendergrass, James E. Randolph, C. T. Storey and L. M. Dadisman, aldermen, and A. J. Bell, treasurer, be, and they are, hereby declared lawful officers of the city of Jefferson, under this charter, until the first day of January, 1901, and until their successors are elected and duly qualified as provided in this charter. Mayor, aldermen and treasurer for 1900. Sec. XIII. Be it enacted by the authority aforesaid, That in case of a vacancy in the office of mayor or alderman, caused by death, resignation, failure to elect, removal from the city, or otherwise, said vacancy shall be filled by an election ordered by the city council, to take place not less than thirty days from the time such vacancy occurs, under the same rules and regulations that govern the regular elections of mayor and aldermen of the city. Notice of the said election will be given by the clerk of the city council, by posting copies of the order calling the election at three or more public places in said city for two weeks before said election is to take place, or by publishing the same for two weeks before the election is to take place, in the newspaper published in the city of Jefferson, in which the sheriff's advertisements are published. Vacancies. Sec. XIV. Be it enacted by the authority aforesaid, That the chief executive officer of the city of Jefferson shall be the mayor, who shall be a citizen of the United States, a qualified elector, a resident of the city of Jefferson, and shall hold his office for two years, and until his successor is elected and qualified. All the aldermen of said city shall be citizens of the United States and qualified electors residing in said city of Jefferson. Should the mayor or any alderman, during the term of his office, remove from the limits of the city, his office shall thereby become vacant. Mayor and aldermen, qualifications. Sec. XV. Be it further enacted by the authority aforesaid, That the mayor shall preside at the meetings of the city council, but shall not be allowed to vote except in the election by the council of the officers of said city. The mayor shall have the right and power

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to veto any ordinance or resolution passed by the city council, and the right and power to veto any ordinance or resolution passed by the council appropriating money. All ordinances or resolutions passed by the city council shall be transmitted by the clerk of council to the mayor of the city, and the same shall not become operative as a resolution or ordinance of the city council unless the same is approved by the mayor and returned to the city council by its next regular meeting, or unless the mayor fails by the next regular meeting of said city council to approve or disapprove such resolution or ordinance. In case said mayor shall fail to approve or disapprove such ordinance or resolution, or in case he disapproves the same, such ordinance or resolution shall be reconsidered by the city council, and in case it receives four votes of the whole council (as it stands at present under this charter) it shall become a law. Mayor, duties and powers. Sec. XVI. Be it enacted by the authority aforesaid, That the mayor of said city shall see that all the laws, ordinances and resolutions of the city are faithfully executed and enforced, and that all the officers of the city shall faithfully discharge the duties required of them; he shall have general jurisdiction of the affairs of the city; he shall exercise within the city limits the powers conferred upon sheriffs and constables to suppress disorder and keep the peace; he shall have power when necessary to call upon every male inhabitant of the city over eighteen years of age, to aid in suppressing riot or disorderly assemblages of any kind, or to aid in enforcing the laws and ordinances of the city; he shall have power to inspect the books, records, and papers of any agent, employee, or officer of the city; he shall from time to time, and at the end of each official year give the city council information relative to the affairs of the city, and shall recommend for the consideration of the city council such measures as he may deem expedient. Mayor, duties and powers. Sec. XVII. Be it enacted by the authority aforesaid, That the city council shall, at the first meeting of the same after election and qualification, elect the police officers of the city, a clerk and treasurer, who shall hold their office for one year unless convicted before the mayor and council of failure to discharge their several duties, and until their successors are elected and qualified. The city council shall also at said first meeting, after their election and qualification, elect one of their members as mayor pro tem., who shall, in the absence of the mayor, be the presiding officer of the city council, and shall be allowed to vote on all questions, and who shall, in the absence or disqualification of the mayor, exercise all the

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functions of the office of mayor; 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, or when the mayor from sickness or from other reason is unable to act. Officers. Mayor protem. Sec. XVIII. Be it enacted by the authority aforesaid, That at said first meeting of the city council, they shall fix the salaries of the police officers of the city, and of the clerk and treasurer of the council, and the salaries of the mayor and the mayor pro tem and the aldermen, the salaries to remain fixed and unchanged for the year, and shall require of each of the subordinate officers of the council an oath provided by ordinance for the faithful performance of their several duties, and a bond and security in such sum as may be fixed by ordinance for the diligent and faithful performance of the duties of their several offices. The aggregate amount of the salaries of the mayor, mayor pro tem., and aldermen, and clerk and treasurer of the city council shall not exceed one-tenth of one per cent. of the taxable property of the city as shown by the valuation of the preceding year. Salaries. Sec. XIX. Be it enacted by the authority aforesaid, That said mayor and aldermen shall, by their first regular meeting in February of each and every year, appoint or elect a tax assessor or assessors, should more than one be necessary, who shall each be freeholders, owning real estate in the city of Jefferson, to assess the taxable real estate of said city, and to receive the returns of personal property under oath, and perform such other services as may be by ordinance required in connection with said office. It shall be the duty of said tax assessor or assessors to place a just, fair, and equitable valuation on property within the corporate limits of said city, and when the owner of personal property fails to return same for taxation, it shall be their duty to place a just, fair, and equitable valuation on same, and double the said valuation, and enter said double valuation upon the tax digest, with an entry thereon showing that the same was double taxed. The tax assessor or assessors, shall give notice by publication in the newspaper in which the legal advertisements of Jackson county are published, once a week for two weeks, of the time when they will begin receiving tax returns or by posting the same in three or more public places in said city, and the time when the books for receiving same will be closed. In no event shall the books for receiving same be kept open for less than thirty days. Tax assessors.

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Sec. XX. Be it enacted by the authority aforesaid, That should any property owner be dissatisfied with the assessment of his or her property, he or she shall have the right to appeal from said assessment to the city council; provided, that such an appeal be made within thirty days from the time fixed for the return of the assessor or assessors, of the tax digest of the city council, which return shall be made by the first of June each years. Assessments, appeals from. Sec. XXI. Be it enacted by the authority aforesaid, That the mayor, or in his absence or disqualification, the mayor pro tem., or in case of the absence or disqualification of both the mayor and mayor pro tem., any member of the city council may hold the mayor's court for the trial of all offenders against the laws and ordinances of said city as often as necessary. Said court shall have the power to preserve order, compel the attendance of witnesses, and punish for contempt. The punishment for any violation of a city law, ordinance or rule, or for contempt, shall be a fine not exceeding one hundred dollars, imprisonment in the guardhouse or county jail, by permission of the county authorities, not exceeding ninety days work on the street chaingang or other public works of the city, under the supervision of the chief of police or the marshals of the city, not exceeding ninety days, one or more of all of these, at the discretion of the trial court, and in addition thereto such costs of the proceedings as may be incurred. Any person convicted before the mayor, mayor pro tem., or any member of the city council, sitting as a court for any violation of the laws or ordinances of the town, may enter an appeal from the judgment of said court to the mayor and aldermen of the city sitting in council, provided the appeal be entered instanter, and provided all costs are first paid and bond given to abide the decision of said council; and any person convicted on such appeal by the mayor and aldermen sitting in council may have the right of certiorari to the superior court of Jackson county; provided, that all costs are first paid and bond given in double the amount of the fine imposed, which bond shall be approved by the mayor for the appearance of the defendant to answer the final judgment or decree of the court; provided, that nothing in this section shall prevent the applicant for certiorari from filing the proper pauper affidavit in lieu of the payment of cost or giving the bond as now required by law. Mayor's court. Appeal. Certiorari. Arrests. Sec. XXII. Be it enacted by the authority aforesaid, That the mayor of said city is hereby authorized to issue warrants for the arrest of all persons charged upon affidavits before him made, with having committed within the limits of the city of Jefferson, offences

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against any penal laws of this State, and to take the examination of such persons and the same to discharge or commit to prison or let to [Illegible Text] according to law to answer such charge before the proper court having jurisdiction in the same manner as justices of the peace of the several counties of the State, now or hereafter may have by law. All of which warrants shall be addressed to the chief of police of Jefferson, or any marshal or deputy marshal thereof and to all and singular the sheriffs, deputy sheriffs, and constables of this State; and any one of the said officers shall have the same authority to execute said warrants as the sheriffs of the State have to execute criminal warrants. Sec. XXIII. Be it enacted by the authority aforesaid, That if on the trial of any person, before the mayor, mayor pro tem. or mayor and aldermen, sitting in council, for a violation of any ordinance or law of the city, it shall appear that such person is probably guilty of an offense against the penal laws of the State, it shall be the duty of the court trying such person, to commit such person to prison or let to bail to answer before the court having jurisdiction of the same, for the offense committed. State offenses. Sec. XXIV. Be it enacted by the authority aforesaid, That it shall be lawful for the chief of police of the city, the marshal or any special policeman, lawfully appointed, to arrest without warrant, any and all persons, within the corporate limits of said city, who are, at the time of said arrest, or who, before that time, have been guilty, within said limits, of disorderly conduct, public indecency, quarreling, fighting or a violation of any of the laws or ordinances of said city, and to hold said person so arrested until a hearing of the matter before the proper officer can be had; and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the city guardhouse or the common jail of Jackson county for a reasonable length of time. Said chief of police, marshal or any special policeman may have power and authority to call to his assistance to arrest and detain such offenders, the sheriff of Jackson county or his deputy, or any of the constables of said county, or any bystander, and such person, when so summoned, shall be bound to aid and assist said officer, and should they fail to do so, they or either of them shall be liable to be prosecuted in the mayor's court, and upon conviction shall be punished as prescribed in section 21 of this Act. Powers of police. Sec. XXV. Be it enacted by the authority aforesaid, That the chief of police, marshal or special policeman, shall have the right,

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power and privilege (though they shall not be compelled) to release any person arrested within the corporate limits of the city, upon said person giving a bond, to be approved by the chief of police or the mayor of said city, payable to the city of Jefferson, conditioned to pay the obligees in said bond, an amount fixed by chief of police or mayor of said city, in the event said person arrested does not appear before the corporate authority of the city, at the time and place specified in the bond, and from time to time till the said person arrested is tried for the offense for which he or she was arrested. Appearance bond. Sec. XXVI. Be it enacted by the authority aforesaid, That if any person who has been arrested, charged with a violation of any law or ordinance of the city of Jefferson, and given bond for his or her appearance, before the proper corporate authorities, to answer such charge, fails to appear at the time and place fixed and recited in the bond, said bond shall be forfeited, and a rule nisi directed to the principal and securities shall issue, directing and requiring them to show cause, before the mayor's court, at a sitting of said court, to be held not less than thirty days from the time of the forfeiture nisi, why the bond shall not be absolutely forfeited; copies of which rule nisi shall be served upon the principal and securities on the bond, at least ten days before the sitting of the court to which it is made returnable, either personally or by leaving same at the most notorious place of abode of the persons upon whom services is perfected, or by publishing the same once a week, for four weeks prior to the sitting of the court to which the same is made returnable, in the newspapers published in said city, in which the sheriff's advertisements are published, or by posting the same at three or more public places in said city; if at such return term no sufficient cause be shown to the contrary, the forfeiture shall be made final and absolute, and execution shall issue against the principal and securities upon such bond, on such of them as have been served, for the full amount thereof, and all cost; which execution shall be signed by the clerk of council and the mayor of said city, and shall have the same lien and binding effect upon the property of the defendant therein as executions issued upon judgments in justice or superior courts. Said executions shall be directed to the chief of police of the city of Jefferson, or any marshal or deputy marshal thereof, and to all and singular the sheriffs, the deputy sheriff's or constables of this State, by any one of whom the same may be executed. Forfeitures. Sec. XXVII. Be it enacted by the authority aforesaid, That

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the mayor and aldermen of said city are authorized to purchase real estate in the city of Jefferson, and erect thereon a building in which the said corporate authorities and the officers of said city may transact the public business of said city, and in which to keep the records, archives, and property of said city, and a building for city prison or guardhouse, and such other buildings as may be necessary or convenient for carrying on the government of said city; that said mayor and aldermen are authorized to levy and collect a tax upon all the property, real and personal, within the limits of said city, not to exceed two tenths of one per centum per annum, with which to pay for said land and said buildings out of said taxes so levied and collected; provided, however, that the city council shall not have the right or power to levy and collect said tax until the same is submitted to and approved by a majority of the qualified voters of the city of Jefferson, and which election shall be held under the same rules and regulations, and with the same notice required by the charter in case of an election to fill a vacancy in the office of mayor or aldermen; those favoring the levying of said tax shall vote in such election for levying tax, and those opposed to same against levying tax, and if a majority of the qualified voters in such election are in favor of the levying said tax, the mayor and council of said city shall be authorized to levy and collect the same. Public buildings. Sec. XXVIII. Be it enacted by the authority aforesaid, That all male persons over the age of sixteen years and under the age of fifty years, who have resided within the incorporate limits ten days, shall be subject to work on the streets, alleys and sidewalks within said limits, each and every year, not exceeding ten days each year, or to pay a commutation tax each year in lieu of working said streets, alleys and sidewalks, not exceeding five dollars each year; and said mayor and aldermen shall have the right and power to compel said persons to work said streets, alleys and sidewalks not exceeding ten days each year, or to pay a commutation tax therefor not exceeding five dollars each year; and in the event any such person fails to do such work or to pay such commutation tax, as may be fixed by the by-laws and ordinances of said city, after being notified, by the chief of police or marshal, or any policeman of said city, in writing, one day before hand, to do said work or pay said tax, such person, for such refusal or failure, shall be subject to be arrested by the chief of police, marshal or any officer of said city, and punished, on such charge being preferred against him in the mayor's court, by being compelled to work on the streets, alleys and sidewalks of said

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city not exceeding thirty days, and to pay a fine not exceeding fifteen dollars, and to be imprisoned in the city prison or guardhouse not exceeding thirty days, or being compelled to do either one, or more, or all of these things, for each and every day he so fails and refuses. Street work or commutation tax. Sec. XXIX. Be it enacted by the authority aforesaid, That the city council shall have power to control the finances and property of the city, to appropriate money, and to provide for the payment of the debts and expenses of the corporation. Finances. Sec. XXX. Be it enacted by the authority aforesaid, That the city council shall have power to levy and collect taxes for general and special purposes upon all real and personal property within said city; 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, and upon the inhabitants of said city who engage in, offer or attempt to engage in, any profession, business or occupation in said city, or on such persons as live without the limits of the city but who engage in or attempt to engage in, any profession, business or occupation, not exempt by law, within the limits of said city, as said mayor and aldermen may deem expedient for the safety, benefit, convenience and advantage of said city. This tax shall be in the nature of a license, which must be paid in advance of practicing or engaging in such profession, trade, business or occupation, and the mayor and aldermen shall provide by ordinance for the punishment of all persons required by ordinance to pay such occupation tax or take out license for same, who engage in, or offer, or attempt to engage in such business, profession or occupation before paying such tax or taking out such license and comply in full with all the requirements of the city council made in reference thereto. Tax, general and special. Sec. XXXI. Be it enacted by the authority aforesaid, That the city council shall have power to require a license to be paid by all theatrical performances, shows, circuses, menageries and exhibitions of any kind for gain, and upon all itinerant traders or peddlers, all venders of patent or proprietary medicines, drugs, books, nostrums or devices of any kind; of all solicitors or canvassers selling goods, wares or merchandise or other things by retail to customers; of all agents of fire, accident or life insurance companies doing business in said city; and to provide by ordinance for the punishment of any person or persons who may engage in or attempt or offer to engage

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in such business or calling without first having taken out the license required by law, or for the collection of the license by issuing executions therefor as executions are collected for ad valorem taxes. License. Sec. XXXII. Be it enacted by the authority aforesaid, That the clerk of the city council shall issue executions, which executions shall be countersigned by the mayor or mayor pro tem., for any and all taxes or fines, or license fees, or assessment, or forfeitures, or demands due said city or its corporate authorities, against any person owing the same, or any property subject thereto, directed to the chief of police of the city, to any marshal thereof, and to all and singular to sheriffs, deputy sheriffs, and constables of this State, commanding them that of any property belonging to the persons against whom said execution issues, or of certain property described in the execution, to make by levy and sale thereof the amount due upon said execution and costs. Said execution shall have the same force and binding effects as other executions for taxes; in case it is for ad valorem taxes due the city, and in case it is for other licenses, for forfeitures, fines or demands due the city, shall have the same force and binding effect as executions issued from the superior courts and justice's courts of this State, and may be levied by any officer to whom it is directed upon any property in said State subject to said execution. The same rights and privileges shall belong to the person against whom said executions issue to file an illegality to said execution, and to any person not a party to said execution to file a claim to the property levied on and give bonds, as if said execution issued from a justice or superior court of this State; and if the amount claimed on said execution is less than one hundred dollars, all the papers connected with said claim of illegality case shall be returned to the justice's court of the district in which the city of Jefferson is situated for trial, and said claim of illegality cases shall be there tried as claim of illegality cases are tried by law in said court. If the amount claimed on said execution is more than one hundred dollars, or the property levied on and claimed is real estate, then all the papers in said case shall be returned to the superior court of Jackson county, or in case the real estate levied on and claimed lies in some other county, then to the superior court of the county in which the real estate levied on and claimed is situated, in which court said case shall be tried and determined as such cases are by law tried and determined in said courts. The officers making sale under said executions shall execute title to property sold and put the purchaser in possession of the same. Municipal claims, how collected.

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Sec. XXXIII. Be it enacted by the authority aforesaid, That the city council shall have the power and authority to provide by ordinance when the taxes of said city shall fall due, and tax executions shall be issued against all persons who have not paid their taxes by the time fixed and defined by ordinance. Taxes, when due. Sec. XXXIV. Be it enacted by the authority aforesaid, That the city council of said city shall have the right to condemn and appropriate, as hereinafter provided, private property for public use; to lay off and open new streets, alleys, lanes, or other ways for the convenience of the public, or any citizens of said city; to vacate, close, alter, widen, curb, pave and keep in good order and repair, all streets, avenues, alleys, lanes, sidewalks, and to construct and keep in repair drains, sewers and gutters; to improve and light the streets, public parks and grounds; to furnish water and lights for private use, and charge therefor; to keep all public grounds, streets, sidewalks, cross-walks, lanes or other ways free from obstructions of any kind; to regulate the width of sidewalks and crosswalks on the streets; to grade and change the grade of all streets, sidewalks, cross-walks, avenues, alleys, lanes or other ways; to require adjacent land owners or lessees to curb, pave, or improve sidewalks at their own expense, under direction of the authorities of said city, and upon failure of the land owners or lessees to do so, the authorities of said city may have such work done and collect the cost thereof from the adjacent land owners or lessees by execution, as other taxes are collected. Streets. Sec. XXXV. Be it enacted by the authority aforesaid, That in all cases where the authorities of said city see proper to open any new street, or to widen any street, lane, or alley, or in any way to change the same, it shall be lawful for them to have said street, lane or alley, or the proposed change in the same, surveyed and marked; and before proceeding to open the same they shall give notice in writing to the owner of the land through which said street, lane or alley is to be opened, widened or changed, twenty days, during which it shall be lawful for such owner, his agent or attorney, in case he cannot agree with said authorities as to the amount of damages, to file objections to the opening of said new street, lane or alley, or to widening or changing the old street, lane or alley, and make claim for damages which may result to such owner. In case no objection and claim for damages is filed within said twenty days, it shall be lawful for the city council to proceed at once to open said street, lane, or alley, or to make such change in any old one agreeable

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to the survey made before the commencement of the proceedings, and the owner of the land through which said new street runs, or such change is proposed to be made, shall be estopped from thereafter claiming any damages by reason of the opening of said new street, or changing or widening any old one. In case objections are filed and damages claimed, it shall be the duty of the mayor of said city to select one disinterested freeholder, resident in said city, and the owner or his agent shall select another, and they two a third (and in case the said owner shall refuse to select an assessor, the ordinary of Jackson county shall appoint one for him, on application to him reciting said fact by the mayor of said city), and the three assessors so chosen, after having such evidence as may be offered by either party, shall proceed to assess the damages resulting therefrom; provided, either party being dissatisfied with said award, shall have the right to appeal from the same to a jury in the superior court of Jackson county, under the same law governing appeals in other cases. New streets or changes; damages for. Sec. XXXVI. Be it enacted by the authority aforesaid, That the city council shall have the right and power to regulate the use of all sidewalks, crosswalks, and structures over or under the same; to require the owner or occupant of any premises to keep the sidewalks, in front 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, avenue, alley, or public place within the city, or into any stream of water within the city, and to prevent any injury of any kind to any street, alley, or public grounds of the city. Removal of obstructions and nuisances. Sec. XXXVII. Be it enacted by the authority aforesaid, That the city council shall have the right to provide for and regulate, curbs and gutters that flow into the streets or on the sidewalks of the city; to regulate or prohibit the use of streets and public grounds for signs, sign-posts, awning, telegraph and telephone poles, horse-troughs, racks, and posting hand-bills and advertisements; to regulate or prohibit the carrying of banners, placards and hand-bills in the streets or public places in the city. Use of streets. Sec. XXXVIII. Be it enacted by the authority aforesaid, That the city council shall have the right and power to regulate trade and traffic upon the streets and public places in the city; to regulate the speed of horses or other animals, vehicles, bicycles, or other means of locomotion, cars and locomotives within the city limits; to suppress bawdy or other disorderly houses, houses of ill fame, or assignation,

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within the limits of the city; to suppress gaming or gambling houses, lotteries, and all fraudulent devices and practices for the purpose of gambling or obtaining money or property; and to prohibit the sale or exhibitions of obscene or immoral publications, prints, pictures or illustrations. Police regulations. Sec. XXXIX. Be it enacted by the authority aforesaid, That the city council shall have the right and power to prescribe the limits within which wooden buildings or structures of any kind shall not be erected, placed or repaired without permission of said city council; to provide that any and all buildings within said limits, which shall be known as the fire limit, which shall have been damaged by fire or 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 damages and the damages sustained by the owner by reason of being thus compelled to tear down or remove such buildings. In case of an offense against such fire regulations, the city council, after having given five 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 cases of other executions issued by said city, and said city council shall have the right and power to determine what are and what are not fire proof buildings within the meaning of said ordinances; said city council shall have the right and power to prohibit and prevent the dangerous construction of chimneys, fire-places, hearths, stoves, stove pipes, ovens, boilers and apparatus used about any building or manufactory, and to cause the same to be removed or placed in safe condition at the expense of the owner, when, in the opinion of the city council, it is necessary to do so, in order to insure safety against fire. Fire limits. Sec. XL. Be it enacted by the auathority aforesaid, That the city council shall have the right and power to provide for the inspection of steam boilers, to regulate or prevent the storage of gun powder, tar, pitch, rosin, coal oil, benzine, turpentine, hemp, cotton, naphtha, petroleum, nitroglycerine, dynamite and any other combustible or explosive substance or material, and the use of lights in stables, shops or other places; and the building of bonfires; also to regulate or prevent the use of fire crackers, sky rockets, roman candles and other pyrotechnic displays. Explosives Sec. XLI. Be it further enacted by the authority aforesaid, That the city council shall have the right and power to declare what shall

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be a nuisance, and to abate the same, and to provide for the punishment of persons who may create, continue, or suffer nuisances to exist, to appoint a board of health for the city of Jefferson, and prescribe their powers and duties; to establish and maintain a quarantine against contagious or infectious diseases, to do all acts, and make all regulations which may be necessary or expedient for the promotion of the morals, health or temperance of the residents of said city, or for the suppression of diseases; to establish and regulate cemeteries within or without the corporation, and to acquire lands therefor by gift, inheritance or otherwise; to prevent the establishment of any unwholesome or offensive business or establishment within the limits of the corporation; to compel the owner or user of any cellar or stable, pig sty, privy, sewer or any other unwholesome or nauseous house or place, to clean, abate, or remove the same, and to regulate the location thereof. Nuisances. Sanitation. Sec. XLII. Be it enacted by the authority aforesaid, That the city council shall have the power and authority to punish for the unlawful sale of spirituous or intoxicating or malt liquors, or bitters, or liquors of any kind, which, if drunk to excess will produce intoxication. No license for the sale of spirituous wines, malt or intoxicating liquors or bitters shall be granted or allowed by said city council. Sale of liquor. Sec. XLIII. Be it enacted by the authority aforesaid, That the city 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 upon his premises or person for the purpose of sale, any wines, beer, malt, alcoholic or intoxicating liquors of any kind, or for any other illegal purpose, within the corporate limits of said city, and to punish any person for violating this ordinance. Storage of liquors. Sec. XLIV. Be it enacted by the authority aforesaid, That all processes, writs and subp[oelig]nas issued in behalf of said city shall be directed to the chief of police of said city and signed in the same manner as executions. All sales under execution by the chief of police or marshal of said city, of personal property, shall be advertised by posting the advertisement of such sales at three or more public places in said city for ten (10) days before the sale, and if the sale is real property, the chief of police or marshal shall advertise the same once a week for four weeks in the newspaper in which sheriffs' advertising is done, and shall sell such real estate in front of the courthouse door within the legals hours of sheriff's sale only

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on first Tuesdays. In case the property sold is personal property the sale shall take place before the court house door after advertisement as aforesaid in the same manner as constable's sales are now governed by law. Processes. Sales. Sec. XLV. Be it enacted by the authority aforesaid, That the city council of said city shall have the power and authority 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 funds arising from the sale thus issued may refund existing debts, establish and maintain a system of water-works, a system of lights, erect public buildings or any other improvement, 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 lawful purpose under the limitations herein stated. Power to contract. Sec. XLVI. Be it enacted by the authority aforesaid, That to carry into effect the powers conferred upon said city council by this Act or any future Acts of the legislature of this State, and for the preservation of peace, good order, temperance and morality in said city, the city council shall have the power and authority to make and pass all needful by-laws, ordinances, resolutions, rules and regulations not contrary to the constitution and laws of this State. General powers. Sec. XLVII. Be it enacted by the authority aforesaid, That all legal contracts heretofore entered into by the town of Jefferson, or the corporate authorities thereof, shall be good and valid for or against the city of Jefferson to the same extent that they would have been good and valid for or against the town of Jefferson, had this Act not been passed, and all rights and liabilities of the town of Jefferson shall accrue and survive to and against the city of Jefferson. All property and the right thereof now held and owned by the town of Jefferson shall be and become the right and property of the city of Jefferson. Rights and liabilities. Sec. XLVIII. Be it enacted by the authority aforesaid, That the mayor and council of said city shall have power to take up and impound any horses or mules, cattle, hogs, or other animals running at large within the limits of said corporation, and to pass such ordinances as may be deemed by them necessary for the proper regulation of stock within said city. Pounds. Sec. XLIX. Be it enacted by the authority aforesaid, That it shall be the duty of the chief of police of said city, marshal or other

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police officer, or either of them, to prosecute all offenders against the laws of the State for crimes committed within the limits of said city when said offenders are not within the jurisdiction of the mayor's court. Officers, duty of. Sec. L. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 12, 1899. JEFFERSON, TOWN OF, CHARTER REPEALED. No. 236. An Act to repeal an Act to incorporate the town of Jefferson, in the county of Jackson, and to provide for the election of mayor and aldermen for the same, and for other purposes, approved August 14, 1872. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act entitled an Act to incorporate the town of Jefferson, in the county of Jackson, and to provide for the election of mayor and aldermen for the same, and for other purposes, approved August 14, 1872, and all Acts amendatory or explanatory 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. Jefferson, town of, charter repealed. Sec. II. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act, be, and the same are, hereby repealed. Approved December 8, 1899.

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KIRKWOOD, TOWN OF, INCORPORATED. No. 394. An Act to incorporate the town of Kirkwood, in DeKalb county; to confer certain powers on the municipal authorities of said town; to limit the rate of taxation to one-half of one per cent.; to provide for the distribution of the income of the income of said town into funds; to require the State School Commissioner to pay to the authorities of said town the pro rata part of the State School fund, which said town would be entitled to under the general disposition law; to provide that section 703, 696, 699, 701, 705, 717, 718 of the Code of Georgia for 1895 be made a part of the charter of said town; to provide for the registration of qualified voters of said town; to provide for a system of public instruction, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, That the town of Kirkwood, in the county of DeKalb, be, and is, hereby incorporated as a town under the name of the town of Kirkwood. Kirkwood, town of, incorporated. Sec. II. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall be as follows: Beginning at a stake 200 feet east of the Walker branch, 150 feet south of Fair street, and running due west to a stake 150 feet south of Fair street, opposite Clay street; thence due north along the east said of Clay street to a stake 300 feet north of Fair street; thence due west to a stake 100 feet east of Sugar Creek; thence in a northerly direction to the line of the town of Edgewood, on Bell street, near the corner of Hardee and Bell streets; thence along the line of said town in an easterly direction to Clay street; thence in a northerly direction along Clay street to the Georgia Railroad; thence east along the Georgia Railroad to a point opposite the eastern line of the town of Edgewood; thence north across the Georgia Railroad to a stake 300 yards north of the center of the track of the Atlanta Railway Company; thence in an easterly direction to a stake 300 yards north of the center of the track of the Georgia Railroad, immediately opposite the eastern line of the land of Mrs. P. L. Mynatt; thence in a southerly direction along said Mynatt line, to a stake east of and opposite the southern line of the lands of Mrs. V. P. Sisson; thence

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in a westerly direction along the southern line of said Sisson, to the beginning point. Corporate limits. Sec. III. Be it further enacted, That the municipal authority of said town shall be a mayor and five councilmen, who, together, shall form a common council; but no person shall be eligible to either of said offices unless he shall be a qualified voter of said town as hereinafter prescribed. Mayor and councilmen Sec. IV. Be it further enacted, That the mayor and council of said town shall be J. C. A. Branan, mayor; and J. J. Fenn, A. C. Warren, G. H. Sims, W. T. Bowden, and L. J. Cassells, councilmen, who shall serve until their successors are elected as hereinafter prescribed. Appointed. Sec. V. Be it further enacted, That said J. C. A. Branan, mayor, and J. J. Fenn, A. C. Warren, G. H. Sims, W. T. Bowden and L. J. Cassels councilmen, and their successors in office shall be and the same are hereby made, a body politic and corporate by and under the name of the Town of Kirkwood, and shall have a common seal, and by that name may sue and be sued, plead and be impleaded, purchase and acquire and hold property, both personal and real, and shall be authorized to sell, lease, rent or otherwise dispose of property both personal and real, for the benefit of said town, and shall exercise all the corporate powers, rights, privileges, granted by and under the laws of this State to like municipalities. Corporate body and powers. Sec. VI. Be it further enacted, That on the second Tuesday in February, 1900, and annually thereafter for council, and biennially for mayor an election shall be held in said town. Election. Sec. VII. Be it further enacted, That after the second Tuesday in February, 1900, the term of office for said mayor shall be for two years, and the term of office of two councilmen shall be for one year, and for three councilmen two years, but thereafter the term of all councilmen shall be two years, the same being elected two at one election and three at the next. Terms of office. Sec. VIII. Be it further enacted, That the qualified voters of the said town shall be those qualified to vote for members of the General Assembly from said county, and who have resided for six months immediately preceding any election within the corporate limits of said town, and shall have paid all taxes due by them to said town, including fines and street tax, and shall have registered as hereinafter prescribed. Qualified voters. Sec. IX. Be it further enacted, That the treasurer of said town shall be ex officio registrar of said town, and open books for the purpose

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of registering voters on the first Monday in January, 1900, and annually thereafter on the same day, and shall cause said books to be kept open until 9 o'clock p.m., on the first Monday in February thereafter, at such public place or places as he may designate, and said books shall be open each and every day except Sundays, from 6 p.m. until 9 p.m., between the days above named, and said registrar shall register all male citizens who are qualified to vote as prescribed in section 8 hereof, and shall apply in person within the time prescribed and who shall take and subscribe to the following oath, which said treasurer is hereby authorized to administer, to wit: You do solemnly swear that you are a citizen of the United States, that you have resided within the State of Georgia for twelve months past, and within the corporate limits of the town of Kirkwood for six months immediately past; that you are twenty-one years old; that you have paid all taxes required of you for the State and county, and since the adoption of the Constitution of 1877, except for this year; that you have never been convicted of a felony or larceny; that you have paid all taxes legally required of you by the town of Kirkwood, including street taxes and all fines imposed, so help me God. Registration. Sec. X. Be it further enacted, That the mayor and council, before entering on the duties of their respective offices, shall subscribe to the following oath, administered by any person authorized by the law to administer oaths, to wit: I do hereby solemnly swear or affirm that I will faithfully discharge all the duties incumbent upon me as mayor (or councilman) of the town of Kirkwood, according to the best of my ability, so help me God. Oath of mayor and councilmen Sec. XI. Be it further enacted, That when a vacancy shall occur from any cause in the office of the mayor or in the council, the vacancy shall be filled by appointment by the council from among the citizens of said town eligible as herein prescribed. Vacancies. Sec. XII. Be it further enacted, That the council shall elect a treasurer and a marshal, each of whom shall be required to give bond and security acceptable to the mayor in such penal sum as may be prescribed by the council, payable to the corporation, conditioned faithfully to collect and pay over as said council may require, all taxes, fines, forfeitures and other money or income of said corporation. The term of office of the treasurer and of the marshal shall be at the pleasure of the council. Treasurer and marshal. Sec. XIII. Be it further enacted, That all of the provisions contained in section 703 of the Code of Georgia for 1895 be, and the

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same are, hereby made a part of this charter in as full and complete a manner as if said provisions were herein set forth in detail; also that it shall be the duty of the marshal to perform such other acts as said council may prescribe. Code, sec. 703. Sec. XIV. Be it further enacted, That the mayor and council of said town or the mayor of said town where the sections so state, shall have all the authority, rights, powers, and privileges prescribed by and in sections 696, 699, 701, 703, 705 and 707 of the Code of Georgia for 1895; and the authority, right, powers and privileges prescribed in said sections 696, 699, 701, 703, 705 and 707 of the Code are hereby conferred upon the mayor, where the section so states, and by the mayor and council of said town in as complete and full a manner as if said provisions were herein set forth in detail. Municipal powers; Code, secs. 696, 699, 701, 703, 705 and 707. Sec. XV. Be it further enacted, That no salaries shall be paid to the mayor or councilmen of said town by authority and from the moneys of said town. Sec. XVI. Be it further enacted, That the mayor and council shall have the power to levy a tax not to exceed one-half of one per cent. on all property, real and personal, subject to the State or county tax within the corporate limits of said town for the purpose of carrying out the provisions of this charter, and further that the said tax rate shall not be raised or increased for any purpose within the next five years after the passage of this bill. Tax. Sec. XVII. Be it further enacted, That it shall be the duty of the mayor and council of said town to elect three assessors as is made optional in section 717 of the Code of Georgia, 1895, and further it shall be the duty of the said mayor and council to carry into effect all the provisions of said section 717, except that any citizen dissatisfied with decision of said assessors shall have the right to appeal to the council, whose action shall be final; and it shall be the duty of said mayor and council to carry into effect all the provisions of section 718 of the Code of Georgia of 1895. Tax assessors. Code, secs. 717 and 718. Sec. XVIII. Be it further enacted, That said mayor and council shall have the power and authority to provide for the arrest, trial and punishment of offenders against any ordinance, by-law, rule or regulation of said town, by fine and imprisonment or by fine, or by work on the streets and improvements in lieu of fine; provided said fine shall not exceed $100.00 nor imprisonment or work on the streets for 30 days. Offenses against municipality. Sec. XIX. Be it further enacted, That it shall be the duty of said mayor and council to devise, design and adopt a system of public

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instruction in said town, and said mayor and council shall have full and exclusive jurisdiction over all the schools established under said system; and to modify the same from time to time, as circumstances may require; and said mayor and council shall have full authority over the matters of public instruction, such as the establishment of schools, courses of study for same, election, suspension or removal of teachers for same. Public school system. Sec. XX. Be it further enacted, That it shall be the duty of said mayor and council to have prepared and to furnish the State School Commissioner each year, a list or census of all pupils residing in said town entitled to the State school fund, and said State School Commissioner shall pay over to the said mayor and council such proportion of said educational fund as said pupils are entitled to under the rules for distribution. Pro rata part of school fund Sec. XXI. Be it further enacted, That it shall be the duty of the said mayor and council, and the same are hereby required to annually on the first Monday after the last day for the payment of taxes, divide the moneys received from taxation into five distinct and separate funds, to be known as school fund, street and improvement fund, sanitary fund, marshal salary fund, election and expenses of collection of taxes, feeding and care of prisoners, printing, advertisements, etc., to be known as the expense fund, and said moneys so divided shall be available for no other purposes and shall not be transferred or used for any other purpose than that hereinafter specified as the purpose of each of said divisions. Money set aside into the school fund shall be used for paying all expenses connected with or arising out of the conducting of the public schools, such as the purchase of buildings for school purposes, furniture and equipment of same, insurance on same, salary of teachers and officers and employees of such schools, repairs to buildings used for school purposes, repairs to furniture and equipment, fuel for use in building used for school purposes, and all other objects directly necessary to the carrying out of the system of public instructions hereinbefore provided for. Money set aside into the street and improvement fund shall be used to pay all the expenses attached to the care and improvement of the roads, streets and sidewalks of said town, and the opening of new streets, sidewalks or roads, fixing of drains, building and repair of culverts, bridges and viaducts, and the purchase of tools, machinery and necessary implements and material for use on the streets, sidewalks or roads of said town, and to pay for the hire of laborers, if necessary, and to pay for the use of horses,

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mules or wagons or other conveyances necessary to the proper improvement of the streets, sidewalks or roads of said town. Money set aside for the sanitary fund shall be used to pay all cost, expenses and charges incidental to the enforcement of all ordinances, by-laws or rules of said town, relative to proper sanitation; such as the expenses attached and incident to the collection and removal or destruction of garbage, filth and dead animals, to the purchase of lime or other disinfectants needed, and the inspection of premises. Money, or such part thereof as may be necessary, set aside into the marshal salary fund, shall be used to pay the salary of the marshal. Money set aside in the expense fund shall be used to pay the expenses incident to elections, collection of taxes, the feeding and care of prisoners, to the erection of buildings needed for municipal purposes, stamps, and advertising necessary, and other incident expenses; provided, that at the end of the first six months next after such division is had, if any amount be left over in any fund, and in the discretion of the said mayor and council is not needed for the future charges incident to such fund, then and in that event said mayor and council may transfer such amount into any one or more of the other funds; provided further, that all money shall be deposited to the credit of each fund as hereinbefore prescribed, and all checks or vouchers drawn upon same shall have printed, stamped or written upon them the name of the particular fund upon which they are drawn. Revenues, apportionment and disbursement. Sec. XXII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and same are, hereby repealed. Approved December 20, 1899.

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LEXINGTON, CITY OF, INCORPORATED. No. 249. An Act to incorporate the city of Lexington, in Oglethorpe county; change the name of the town of Lexington, in the county of Oglethorpe, to the city of Lexington; to provide that all valid contracts heretofore entered into by the town of Lexington shall be good and valid for or against the city of Lexington; to provide that all property now held and owned by the town of Lexington shall be and become the right and property of the city of Lexington, and that all rights and liabilities of the town of Lexington shall accrue to and against the city of Lexington; to provide that all laws and ordinances of the town of Lexington not in conflict with this charter shall be valid and enforceable as laws and ordinances of the city of Lexington; to define the limits of the city of Lexington; to confer municipal powers on the city of Lexington and provide municipal government therefor, and to grant a charter to said city under the corporate name of the city of Lexington, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, inhabitants of the territory now embraced in and known, and heretofore incorporated in the town of Lexington, located in the county of Oglethorpe, State of Georgia, be, and they are, hereby incorporated under the name of the city of Lexington and by that name established, and are hereby vested with all the rights, powers and privileges incident to municipal corporations of this State or city thereof; and all rights, powers, titles, property, easements, hereditaments now belonging or in anywise appertaining to said town of Lexington as heretofore incorporated, shall be, and are, hereby vested in the city of Lexington as created by said Act; and the said city of Lexington created, established, and declared 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 council such ordinances, rules, regulations and resolutions for the transaction of its business and for the welfare and proper government of said city, as said mayor and council deem best and not inconsistent

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with the laws of Georgia and of the United States; and the said city of Lexington 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 Lexington created by this Act is hereby made responsible as a corporate body for the legal debts, liabilities, and undertakings of said town of Lexington heretofore incorporated. Lexington, city of, corporate limits and powers. Sec. II. Be it further enacted by the authority aforesaid, That the government of said city be vested in a mayor and five 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 successors and associates have and exercise all the rights, powers and duties that shall be conferred on the mayor and councilmen of the city of Lexington. Mayor and councilmen Sec. III. Be it further enacted by the authority aforesaid, That the limits of said city of Lexington shall include all the territory within the present boundaries of the town of Lexington, and the mayor and councilmen shall be empowered and authorized, in their discretion, to divide said city into wards, and the mayor and councilmen hereafter to be elected as now provided by the charter of the town of Lexington. Wards. Sec. IV. Be it further enacted by the anthority aforesaid, That annual elections for mayor and five councilmen shall be held on the first Saturday in January, beginning in 1900, 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 successors are elected and qualified; that said election shall be held and conducted as heretofore held and conducted in the town of Lexington, and the laws and ordinances in force now in said town governing said elections, together with all other laws and ordinances not repugnant with the laws of this State, shall be continued in force for the purpose of said election, and all other purposes. Elections. Sec. V. Be it further enacted by the authority aforesaid, 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

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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. VI. Be it further enacted by the authority aforesaid, 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 State of Georgia, and shall have resided in said city one year immediately preceding his election and shall have registered legally, paid all taxes due and required of him by said city. Qualifications of mayor and aldermen. Sec. VII. Be it further enacted by the authority aforesaid, That all officers shall be qualified within twenty days from the election to the office to which they have been elected, or same shall be declared vacant. Sec. VIII. Be it further enacted by the authority aforesaid, That at the first meeting of the mayor and councilmen after each annual election a mayor pro tempore shall be chosen from among the council. Mayor pro tem. Sec. IX. Be it further enacted by the authority aforesaid, 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 Lexington to the best of my skill and ability during my continuance in office, so help me God. Oath of mayor and councilmen Sec. X. Be it further enacted by the authority aforesaid, 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 and 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 bonds as the mayor and councilmen may see fit to prescribe; provided, the amount of said bonds 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, election and duties.

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Sec. XI. Be it further enacted by the authority aforesaid, That the mayor of said city shall be the chief executive of said city of Lexington, 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 council which shall be monthly, calling extra meetings whenever he may deem it expedient. He shall have no vote at any meeting except in case of a tie, when he shall cast the deciding vote. 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 majority 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, powers and duties. Sec. XII. 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 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 thirty days, or fine not exceeding twenty dollars, one or both; said mayor shall have full authority upon conviction to sentence any offender to labor upon

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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. XIII. Be it further enacted by the authority aforesaid, 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 to 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 one per cent. upon the value of said property for the ordinary current expenses, said taxes to be due and collectible 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 each year, if required by an ordinance of said city of Lexington, 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 each year, to the clerk of said city. Ad valorem tax. Sec. XIV. Be it further enacted by the authority aforesaid, That 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 more than ten days in one year; said persons so subject to work on the streets shall have the right to relieve themselves of said work by paying a commutation tax which said mayor and council shall fix by ordinance and which 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 council may direct. Any person subject to work on said streets who shall fail to work, or to pay said tax after being properly notified in writing, shall be punished as in case of all other convictions as heretofore set forth in section XII. of this Act. Street work Commutation tax. Sec. XV. Be it further enacted by the authority aforesaid, That the mayor and councilmen of said city shall have power and authority to license, regulate and control, all opera houses,

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livery stables, hacks, drays, wagons, and other vehicles used for hire, vendue-masters, auctioneer, itinerant traders, theatrical performers, shows, circuses, and exhibitions, and lecturers of all kinds, itinerant lightning-rod dealers, clock, stove, and sewing-machine peddlers, and peddlers of all kinds, itinerant dealers in jewelry and medicine and other traveling and itinerant venders 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 or gain, every keeper of a shooting gallery, tenpin alley, or any other number of pins, and the keeper of 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 jenny or flying horses, bicycles, velocipedes, or skating-rinks, photograph galleries, or itinerant photographers. All solicitors or canvassers selling goods, wares or merchandise by samples at retail or to consumers and all other establishments, businesses, callings or vocations and which under the laws and constitution of the State are subject to license. Licenses. Sec. XVI. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall have full and complete control of the streets, side-walks, 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 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 one hundred dollars per annum, and the salaries of the councilmen fifty dollars per annum. Streets. Salaries. Sec. XVII. Be it further enacted by the authority aforesaid, That the mayor and councilmen of said city, shall not have the right to license or authorize the sale of spirituous, vinous, malt or other intoxicating liquors and beverages in said city. Sale of liquor. Sec. XVIII. Be it further enacted by the authority aforesaid, That no license granted by the mayor and councilmen of said city shall ever be transferable, but shall forever cease, terminate, and be forever void when transferred. Licenses not transferable.

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Sec. XIX. Be it further enacted by the authority aforesaid, That a clerk and treasurer shall be selected by the mayor and council at their first meeting in January of each year. Clerk and treasurer. Sec. XX. Be it further enacted by the authority aforesaid, 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 elections shall be paid two dollars for holding and certifying to said election. And all cases of vacancy in the office of councilmen the same course shall be pursued, provided the mayor is absent or refuses to act. 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 the time not less than ten days from the publication of said notice. Vacancies. Sec. XXI. Be it further enacted by the authority aforesaid, That the said mayor and councilmen may enact any and all ordinances, rules and regulations necessary to the laying out a fire district in said city, describe 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, stove-pipes and flues are to be constructed, and generally to do all such things as they may deem necessary to protect said city as 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 stove-pipes or the removal thereof when in their judgment the same are dangerous or are likely to become so, and make the owner of the premises pay the expense of such changes in said premises, which may be collected in the same manner 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

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and power to remove the same at expense of the owner, which expense may be collected by execution. Fire limits. Sec. XXII. Be it further enacted by the authority aforesaid, 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 or offensive or unwholesome; prevent hogs, cattle, horses, sheep, goats, and other animals and fowls from going at large in said city; to protect places of divine worship, 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; provide for the drainage of lots in said city by proper drains, sewers and ditches. Police powers. Sec. XXIII. Be it further enacted by the authority aforesaid, 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. Police powers. Sec. XXIV. Be it further enacted by the authority aforesaid, That the said mayor and councilmen 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. Ordinances Sec. XXV. Be it further enacted by the authority aforesaid, That the said mayor and councilmen shall have full power and authority to provide by ordinance for the building and construction of water-works and electric plants within the limits of said city of Lexington, or to contract with any person or corporation in said State to furnish said city with electric lights; also street railways or tramways 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 and protection of the lines, pipes, tower and wires used in the construction or operation thereof. Waterworks and electric plants. Sec. XXVI. Be it further enacted by the authority aforesaid, That 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. Taxes.

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Sec. XXVII. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have full power and authority in their discretion to pave or otherwise 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 of 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 the fire limits of city of Lexington, unless a two-thirds majority at an election duly held for such purpose shall so declare, and in accordance with the result of said election petition said mayor and councilmen to so include said outlying districts, in which event said mayor and councilmen shall have power and authority to so do in their discretion. Street improvements. Sec. XXVIII. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall have full power and authority to arrest, or cause to be arrested, any person 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 guardhouse or other place of confinement in said city, to await their trial without unnecessary delay; provided, bail shall always be allowed as now provided by law; that the marshal and extra policemen 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 guardhouse 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 city, or to assist in carrying any one arrested to the guardhouse or other place of confinement, shall be punished on conviction by imprisonment in the common guardhouse for not more than twenty days or by fine not exceeding twenty dollars for each and every refusal. Punative powers. Sec. XXIX. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall be vested with the powers of justices of the peace so as to enable them or either of

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them to issue warrants, and, on examination, commit the offender or offenders to the guardhouse or common jail of Oglethorpe county, or to bail them, if the offense be bailable, to appear before the city court or superior court of said county, 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 Lexington. Mayor and councilmen ex officio justices of the peace. Sec. XXX. Be it further enacted by the authority aforesaid, That 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. XXXI. Be it further enacted by the authority aforesaid, That 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. Forfeiture of bonds. Sec. XXXII. Be it further enacted by the authority aforesaid, That any person convicted in the mayor's court shall have the right, upon payment of costs, to appeal to a full board of council and to certiorari from the decision of said board as now provided by law. Appeal and certiorari. Sec. XXXIII. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have power and authority to enact all ordinances necessary to carry into effect the powers herein granted or that may be necessary to suppress vice or immorality in said 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 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, sidewalks of said city under the direction and in charge of the marshal or other police, those of and whom not engaged in such work to be confined in the guardhouse. General powers. Sec. XXXIV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1899.

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MACON, CORPORATE LIMITS. No. 235. An Act to repeal an Act entitled an Act to extend the limits of the city of Macon, so as to include within such city limits the property in the Vineville district of Bibb county which now belongs to the Ocmulgee Land Improvement Company and the small neck or parcel of land owned by J. W. Cabaniss, R. L. Henry and V. Kahn, so as to square on the line of the new road leading from the city of Macon towards Holton and the city hospital property. Section I. Be it enacted by the General Assembly of the State of Georgia, That the Act of the General Assembly of Georgia approved December 29th, 1890, extending the limits of the city of Macon so as to include within such city limits the property in the Vineville district of Bibb county which now belongs to the Ocmulgee Land Improvement Company, and the small neck or parcel of land owned by J. W. Cabaniss, R. L. Henry and V. Kahn, so as to square on the line of the new road leading from the city of Macon towards Holton and the city hospital property be, and the same is, hereby repealed. Macon, corporate limits. Sec. II. Be it further enacted, That the limits of said city of Macon in so far as the same were changed by the passage of said Act remain as such limits existed before the passage of the same. Sec. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 8, 1899.

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MACON, CHARTER AMENDED. No. 300. An Act to amend an Act approved December 21, 1893, entitled an Act to create a new charter for the city of Macon, to consolidate the Acts relating to the rights and powers of said corporation, and other purposes, and the several Acts amending said Act of November 21, 1893, and for other purposes. Section I. Be it enacted, That the mayor and council of the city of Macon shall have authority to contract for and build a new bridge over the Ocmulgee river in place of the old bridge crossing said river at the foot of Fifth street. Bridge over Ocmulgee river. Sec. II. Be it further enacted, That the mayor and council shall have authority to appropriate a sufficient fund out of the estimated revenues of said city of Macon for the year 1900 to pay for said bridge, and said mayor and council is hereby given authority to levy a tax within the time prescribed by law for the purpose of paying for said bridge; provided, nevertheless, that in no event shall the total tax levied upon the real and personal property of said city exceed the rate of one and one-quarter per cent. as now provided by law. Sec. III. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899. MACON, CHARTER AMENDED. No. 401. An Act to amend an Act approved November 21st, 1893, entitled An Act to create a new charter for the city of Macon; to consolidate the Acts relating to the rights and powers of said corporation and other purposes, and the several Acts amending said Act of November 21st, 1893, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same,

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That section II. of an Act approved December 11th, 1896, amending section IV. of the Act approved November 21st, 1893, be amended by adding to said section, as amended, the following words: That at all city elections the polls shall open at eight o'clock a.m. and close at five o'clock p.m. Macon. Polls. Sec. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899. MEIGS, CHARTER AMENDED. No. 242. An Act to amend an Act entitled an Act to incorporate the town of Meigs, in Thomas county, and to provide for the election of mayor and council, marshal and clerk, and to define their powers and duties, approved October 29, 1889, so as to constitute the mayor and council of the town of Meigs and their successors in office ex officio a Board of trustees for the management and control of the Meigs Graded School, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the Act incorporating the town of Meigs, in the county of Thomas, approved October 29th, 1889, be, and the same is hereby amended by adding thereto the following additional section to be known as section 13: That the mayor and council of said town shall be the trustees of the Meigs Graded School located in said town, and as such trustees shall have full power and authority to select a teacher or teachers for said school, to contract with said teacher or teachers, to discharge any teacher so employed when in their discretion it becomes necessary for the good of said school, and to do any and all things necessary for the keeping up, good government and control of said school, the care and custody of said school building. That the present mayor and council shall constitute the first board of trustees, and their successors in the offices of mayor and councilmen shall be ex officio trustees of said school. Meigs. Mayor and council ex officio school trustees. Sec. II. Be it further enacted, That all laws and parts of

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laws in conflict with this Act be, and the same are, hereby repealed. Approved December 8, 1899. MOULTRIE, REGISTRATION OF VOTERS. No. 326. An Act to establish a system of registration for the city of Moultrie in the county of Colquitt; to empower the city clerk of said city to act as registrar for said city, and to empower said city clerk to administer the oath to all persons registering in said city, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, That after the first day in January, 1900, no person shall be permitted to vote in any election in the city of Moultrie for mayor, aldermen or school commissioners, nor in any other municipal election to be held in said city, unless such person shall have been registered as hereinafter provided. Moultrie. Sec. II. Be it further enacted, That on January first, 1900, or as soon thereafter as practicable, and on the first day of January of each succeeding year, the city clerk of the city of Moultrie shall keep open a book or books to be designated as voter's books, containing on the first page thereof or somewhere in said book the following oath, to wit: Registration of voters. I do swear or affirm that I am a citizen of the United States, that I am twenty-one years of age or will be on the day of of this calendar year; that I have resided in this State for one year and in this county for six months immediately preceding the date of this oath, or will have so resided on theday of this calendar year, and in this municipality three months, or will have so resided on the day of of this calendar year; that I have paid all taxes which since the adoption of the Constitution of 1877, have been required of me except taxes for this year, and that I am not disfranchised from voting by reason of any offense committed against the laws of this State. I further swear or affirm that I reside on street of the city of Moultrie and that my occupation is Said city clerk shall always keep open one of said voter's

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books for signatures at his office in said city, at any and all times when his office is open for the payment of taxes and other business; that said city clerk shall be empowered to administer said oath. Sec. III. Be it further enacted, That said city clerk shall open said voter's books at least thirty days prior to the first Monday in October of each year, and shall run one citation immediately after opening said voter's books in the newspaper published in said city in which sheriff's advertisements of the said county of Colquitt are published, sign his name to said citation, and notify all persons to register who have not done so in that year. He shall close said voter's books on Saturday at six o'clock P. M., before the first Monday in October of each year. Sec. IV. Be it further enacted, That any person who shall register or attempt to register in said city, illegally, or who shall vote or offer to vote at said election to be held on the first Monday in October of each year, shall be subject to fine and imprisonment in the discretion of the mayor and aldermen of said city, as under the charter of said city is provided for the punishment of offenses committed for violations of the city ordinances of said city, and it shall be the duty of said mayor and aldermen to turn over and regularly commit any person to the State courts, for false swearing, who may have been guilty of taking the oath as a voter illegally. Illegal registry or vote. Sec. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 21, 1899.

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MOULTRIE, CHARTER AMENDED. No. 289. An Act to amend an Act entitled an Act to reincorporate the town of Moultrie as the City of Moultrie in the county of Colquitt and State of Georgia, approved December 16th, 1895, Acts of the General Assembly of Georgia of 1895, pages 257 to 266 inclusive; to provide for the establishment of a city market in said city wherein all fresh meats, consisting of beef, mutton, pork, and fish shall be sold, to fix market hours for the government of said city, to subject all male inhabitants who may have resided or who may hereafter become residents of the said city of Moultrie, for ten days to work on the streets of said city, or to pay in lieu thereof, a commutation tax. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That section 10 of above recited Act incorporating the town of Moultrie as the City of Moultrie, approved December 16th, 1895, which provides that the mayor and aldermen shall have power to establish a market in said city, be amended, by adding after the word city and before the word they in the seventh line of said section 10 the following: Moultrie. They shall have power to fix market hours for the government of said city, to cause all fresh meats consisting of beef, mutton, pork and fish to be sold within said city market and nowhere else within said city limits except at such hours as said mayor and aldermen may prescribe, and to prescribe penalties by proper ordinances duly passed for any violation of the same; so that said section when so amended shall read as follows: Be it further enacted by authority aforesaid, That said mayor and aldermen as aforesaid shall have full power and authority to remove or cause to be removed, all buildings, porches, steps, fences, alleys, or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks, or public square in said city. They shall have power, if necessary, to establish a city market in said city. They shall have power to fix market hours for the government

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of said city, to cause all fresh meats, consisting of beef, mutton, pork and fish, to be sold within said city market and nowhere else within said city limits except at such hours as said mayor and aldermen may prescribe, and to prescribe penalties by proper ordinances duly passed for any violation of the same. Market. They shall have power to regulate all butcher pens, slaughter-houses, tanyards, livery stables, black-smith shops, forges, chimneys, steam saw-mills, steam grist mills, mill-ponds, fish ponds and steam gins within said city, and remove or cause to be removed the same or any of them in case they become a nuisance, dangerous or injurious to the health of the city. Nuisances. They shall have power also to fill up all pits, cellars or excavations in said city or cause the owner to do so when they shall deem it necessary to the public interest for the same to be done; they shall have power to license and regulate all taverns and public houses; to license and regulate all drays, omnibuses, hacks, wagons and other vehicles owned or kept for use and hire in said city, and to regulate and control all public pumps, wells, fire companies and engines or any apparatus of like character or kind in said city. Excavations. Licenses. They shall have power to remove or cause to be removed all dilapidated or unsafe buildings, fences, chimneys, etc., which may be considered dangerous or considered a nuisance. Nuisances. Be it further enacted by the authority aforesaid, That section 15 be amended by striking the words thirty days before in the fourth line of said section and also striking the words the first day of March of each year in the fifth line of said section and adding in lieu thereof and immediately succeeding the words said city in the fourth line of said section and before the word except in the fifth line of said section the following words, to wit: Ten days so that said section when so amended shall read as follows: Be it further enacted by the authority aforesaid, That said mayor and alderman, as aforesaid, shall have power to cause all male citizens, residents of said city, between the ages of sixteen and fifty years of age, who have resided in said city ten days (except licensed ministers of the gospel in charge of one or more churches) to be subject to work the streets of said city not to exceed fifteen days in each year, or to pay a commutation tax in lieu of the same not to exceed five dollars, as the mayor and

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aldermen may determine. Should any person liable to work the streets of said city under this section fail or refuse to do so, or to pay the street tax in lieu thereof, such service after having received due notice from the marshal to do so, such persons may be sentenced by the mayor to work upon the streets of said city for and during the term of not exceeding fifteen days, under the direction and control of the city marshal, or to commit to the guard-house for a term not exceeding ten days in the discretion of the mayor. Street work Commutation tax. Sec. II. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved December 19, 1899. OCILLA, CHARTER AMENDED. No. 325. An Act to amend the Acts incorporating the town of Ocilla, in the county of Irwin, approved November 24, 1897, and December 16, 1897, so as to change and extend the corporate limits of said town; to authorize the mayor or any alderman of said town to preside at trials in the recorder's court in certain cases; to authorize the town council to grant franchises to private persons, firms or corporations; to construct and maintain systems of telegraph, telephone, water-works, lighting plants and any other franchise deemed advisable; to provide for the time of holding town elections; to authorize the town council to pass all needful rules, regulations, ordinances and laws necessary for the government of the town, and for other purposes. Section I. Be it enacted by the authority of 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 corporate limits of the town of Ocilla, in the county of Irwin, shall be, and the same are, hereby extended on the west side of the said town as follows, to wit: Beginning at the west end of south side of Second street in said town and extending due west to the first branch west of the present town limits, on lot 43 of the fifth land district of said county, thence up said branch in

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a northerly direction until the present western limits of said town are reached. Ocilla, corporate limits. Sec. II. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall be, and the same are, hereby extended on the east as follows, to wit: Beginning at east end of north side of Fourth street in said town and extending due east six hundred feet, thence due north to the north line of land lot 42 in the fifth land district, thence due west to Oak street in said town. And all laws and ordinances now in force and effect in said town shall be in full force and effect in the territory thus added to said town from and after the adoption of this Act. Corporate limits. Sec. III. Be it further enacted by the authority aforesaid, That in the event of the recorder's temporary absence, disqualification or inability to act for any cause, the duties of his office shall be performed by the mayor, or in the mayor's absence by any alderman of said town. At the request of the recorder the mayor shall have authority to sit with the recorder in the trial of cases in the recorder's court and to counsel and advise with him as to the decision or judgment to be rendered in such case. The judgment shall, however, in all such cases be signed and handed down by the recorder. Recorder's court. Sec. IV. Be it further enacted by the authority aforesaid, That the town council shall have authority to pass and enforce by fine or imprisonment any and all rules, regulations, resolutions and ordinances which do not conflict with the State law or the charter of said town which the council may deem necessary for the general welfare of the inhabitants of the said town and the good government of the same. General powers of municipality. Sec. V. Be it further enacted by the authority aforesaid, That the regular elections of said town for election of town officers and members of the board of education shall be held biennially on the first Tuesday in January, and the first election to be held hereafter for that purpose shall be on the first Tuesday in January, 1901, and the present officers of the town and members of the board of education shall hold their offices until that date unless sooner removed for cause. Elections. Sec. VI. Be it further enacted by the authority aforesaid, That the town council shall have power and authority to grant or sell, on such terms as the council deems advisable, franchises to any person, persons, firm or corporation for the construction and operation of street railways, gas or electric light plants,

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telephones, telegraphs, water-works and such other franchises as may be desired; provided, however, that nothing herein shall be construed as taking from the authorities of said town the right to construct and operate, at the town's expense and for the benefit of the town, water-works, railways, telephones, telegraphs or lighting plants, unless such right is waived by the grant of the franchise to some other corporation, firm or person. Franchises Sec. VII. Be it further enacted by the authority aforesaid, That all laws or parts thereof in anywise conflicting with this Act be, and the same are, hereby repealed. Approved December 21, 1899. RACCOON, CHARTER AMENDED. No. 190. An Act to amend an Act entitled an Act to incorporate the town of Raccoon, in Chattooga county, Georgia, by excluding from the corporate limits of said town certain lands now owned by D. Wheeler, A. Wheeler, Mrs. Jane Cargal, J. S. Maxey and G. A. H. Mallett. Section I. Be it enacted by the General Assembly of Georgia, That an Act entitled an Act to incorporate the town of Raccoon, in Chattooga county, State of Georgia, be amended by excluding from the corporate limits of said town certain lands now owned by D. Wheeler, A. Wheeler, Mrs. Jane Cargal, J. S. Maxey and G. A. H. Mallett, said lands so excluded embraced in the following described area: commencing at a point on the present corporate line of said town, where the same intersects the land of Mrs. Jane Cargal, thence south with Mrs. Cargal's land line to the north boundary land line of G. A. H. Mallett, thence due west and with the north boundary land line of D. and A. Wheeler to a point west of the top of the ridge to the lands of Raccoon Manufacturing Company, thence south with the east boundary land lines of Raccoon Manufacturing Company and the east boundary land line of Autonel Powell to Raccoon Creek, thence due south to the present corporate limits. Raccoon. Corporate limits.

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Sec. II. Be it further enacted, That all laws in conflict with this Act be, and are, hereby repealed. Approved Novemberr 22, 1899. RINGGOLD, VILLAGE OF, CHARTER REPEALED. No. 336. An Act to repeal an Act entitled an Act to incorporate the the village of Ringgold, in Walker (now Catoosa) county, approved December 27, 1847, and all other Acts amendatory thereof or relative thereto. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act to incorporate the village of Ringgold, in Walker (now Catoosa) county, approved December 27, 1847, and all other Acts amendatory thereof or relative thereto be, and the same are, hereby repealed. Ringgold, village of, charter repealed. Approved December 20, 1899. RINGGOLD, TOWN OF, INCORPORATED. No. 365. An Act to incorporate the town of Ringgold, in the county of Catoosa, to define its limits, provide for a mayor, recorder, council and other officers of said town, and prescribe their duties; to provide for making all lawful rules, regulations and by-laws for the proper government and control of said town and the enforcement of its ordinances. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the town of Ringgold, in the county of Catoosa, be incorporated and shall be a body politic and corporate by the name of the town of Ringgold. The corporate limits of said town shall be as follows: Commencing at the Western and Atlantic Railroad, where the south line of lot of land number one hundred

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and seventy crosses said railroad, and from thence running west with the south line of said lot to junction of East and Middle Chickamauga creeks, from thence in a northerly direction to house and lot occupied by R. B. Trimmier and to include said house and lot, thence in an easterly direction to and including house owned by Mrs. C. F. Anderson, and thence to north line of lot number one hundred and seventy, thence east along said line to Western and Atlantic Railroad, thence in a southerly direction to the Bowling house, thence south to south line of lot number one hundred and seventy, thence west along said line to beginning point on said Western and Atlantic Railroad. Ringgold, corporate name and limits. Sec. II. Be it further enacted, That until the next regular annual election of officers held under this charter, and until their successors are elected and qualified, the municipal authorities of said town shall be the following named citizens of said town, to wit: W. H. O'Dell, mayor; J. R. Jones, recorder; J. C. Bryan, J. A. McClain, J. R. Jones and W. W. Beall, councilmen, and are hereby empowered to carry out the purposes of this Act and are fully invested with all the rights, powers and privileges conferred by this Act, as if elected under the provisions herein contained. Mayor and councilmen and recorder appointed. Sec. III. Be it further enacted, That the municipal authorities of said town shall consist of a mayor and four councilmen and said councilmen, at the first meeting after their election and qualification, shall elect one of their number recorder, and said member so elected, in addition to his duties as councilman, shall perform all other services required of him as recorder by this charter and the by-laws of said town. Municipal authorities. Sec. IV. Be it further enacted, That said council shall also elect a treasurer and marshal, if they deem necessary, and in such manner as they may in their by-laws prescribe, each of whom when elected shall enter into a bond, with sufficient sureties, approved of by the mayor in such penalty as the council shall prescribe, payable to the corporation, conditioned faithfully, to collect and pay over, as required by the council, all taxes, fines, forfeitures and all other incomes of said corporation, and said officers shall continue in office during the pleasure of the council and perform the duties respectively as herein prescribed or as may be required by the council. Treasurer and marshal. Sec. V. Be it further enacted, That the first election under this charter shall be held on the first Thursday in January,

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1900, and the term of all officers then elected shall begin on the first Tuesday in February following, and the term of all officers elected thereafter shall commence on the first Tuesday in February in each year, and shall be for one year, and until their successors are elected and qualified. First election. Sec. VI. Be it further enacted, That the following designated sections of the Code of Georgia of 1895, Vol. I., are hereby adopted, and shall become a part of this Act of incorporation, to wit: Sections No. 691, No. 692, No. 693, No. 694, No. 695, No. 696, No. 697, No. 698, No. 699, No. 700, No. 701, No. 702, No. 703, No. 704, No. 705, No. 706, but where any of said sections or any of the provisions thereof conflict with such sections or provisions thereof as are herein specifically set out, the former shall be void and the latter prevail. Code, secs. 691 and 706 inclusive made applicable. Sec. VII. Be it further enacted, That the public fund of of said town shall be made up of ad valorem tax, street tax, license tax on dogs and fines and forfeitures, and at the second meeting of the new council after each election the council shall levy said tax and fix said license, and the same shall be entered on the minute book. If for any cause said tax is not levied and said license not fixed at the second meeting after election, the same may be levied and fixed at any succeeding meeting of council. Taxes. Sec. VIII. Be it further enacted, That whenever anything for which State license is required is to be done within said corporate limits the council may require a license and may impose a tax therein for the use of said town, and may also require a bond, with sureties conditional as prescribed by council, in such penalty as it may see proper, and revoke the same at any time the conditions of the bonds are broken; and said council shall have power to license and regulate hotels, boarding-houses, livery stables, public and private, transportation in and through said town, selling at public outcry to the highest bidder or at a fixed price, the peddling of any article, or any other business or thing which by law might be licensed or regulated except as in this Act prohibited, and license or regulate either the sale or dealing in said town in any manner of dry goods, groceries, wares, merchandise, jewelry, musical instruments, sewing-machines, patent medicines, patented articles, patent rights, nostrums or other goods and articles, and place either for the sale or delivery, or both, where the same is not contrary to law, a tax or license not to exceed $500.00 per annum; and

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said corporate authorities shall have power to prohibit the delivery in said corporate limits by the seller or the agent of the seller of such dry goods, groceries and other articles and things aforementioned sold outside of said corporate limits without the seller first paying such tax or license as is imposed by said corporate authorities for the delivery of said goods, articles and things sold within the corporate limits of said town. License tax. Said corporate authorities shall have power to tax all shows and exhibitions in a sum not exceeding the State tax, which may exhibit within the corporate limits of said town, and prohibit the same altogether when they deem it best for the interest of the town. Sec. IX. Be it further enacted, That said council, in addition to the rights and powers granted herein, shall make by-laws, rules and regulations for the government and control of said town, shall make and provide such ordinances as are necessary to prohibit on the streets, bridges, sidewalks, around or near churches during divine services or before and after the same, and on private property, any loitering, idling or mischief making, and to remove therefrom any suspicious or idle person, and to make any and all needful rules and regulations for the protection of the citizens and property of said town, and to carry into effect this Act. Police powers. Sec. X. Be it further enacted, That in addition to powers and duties herein conferred on the mayor of said town, he is hereby authorized to hold his court at any time for the purpose of trying violations of the ordinances of said town at some place designated by council. He may, when the interest of the town demands it, order the arrest without summons or warrant being first issued, of any person charged with the violation of any of the ordinances of said town, in such cases, unless the person be intoxicated, he shall instanter have served a written summons on said person unless the same is waived, setting out the charge preferred, and instanter try the same unless continued for cause; and if the person be intoxicated he shall be placed in the town prison and not tried until in the discretion of the mayor such person shall have become sober. The form in case of a charge of violating an order of said town shall be as follows: The town of Ringgold vs. . To any lawful officer of said town to execute and return The defendant, , is hereby required to be and appear at the mayor's office, in the town of Ringgold, on the day

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of, to answer the charge of. Given under my hand and official signature thisday of. Mayor filling out the blanks in said form, or a substantial compliance therewith in form shall be sufficient. The mayor shall have power to punish for contempts, to issue any and all process necessary to carry into effect the provisions of this Act, to compel the attendance of witnesses, to summon a posse and give such orders as are necessary, to control and use the same in enforcing the ordinances of the town, the good order, peace and dignity thereof, and protect the property in said town, and punish under such laws as the council may prescribe for the failure of any of the posse so summoned to comply with such lawful orders as are given. Mayor's court. Sec. XI. Be it further enacted, That an appeal may be had from any decision made by the mayor in the trial of the violators of the ordinances, which may be entered to the council of said town within four days of the decision complained of, and by the payment of all cost, and a certiorari may be had from any decision rendered by council in such appeals to the superior court of the county under the general law applicable to certiorari. Appeal. Certiorari. Sec. XII. Be it further enacted, That the fines or punishment for the violation of any of the ordinances of said town shall be by imprisonment or work on the streets of said town not to exceed thirty days or a fine not to exceed $50.00 for each offense. Penalties. Sec. XIII. Be it further enacted, That any election held under the provisions of this Act may be contested under the general law of force for municipal contest. Approved December 20, 1899.

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ROME, CHARTER AMENDED. No. 196. An Act to amend an Act entitled an Act to consolidate, amend and codify the various Acts incorporating the city of Rome, in the county of Floyd, and the various Acts amend atory thereof, and to define the duties of the mayor and council and other officers of said city; the purpose of this amendmended Act being to give city tax deeds, and city assessment deeds the same prima facie force and validity which is accorded to tax deeds made by the officers of the State and county. Section I. Be it enacted by the Senate and the House of Representatives in General Assembly met, and is hereby enacted by authority of the same, That from and after the passage of this Act deeds by the city of Rome, or its mayor, or its marshal, pursuant to tax sales or sales under execution, issued for the collection of local assesments, shall be admissible in evidence on the same terms as deeds made pursuant to sales for taxes due the State and county; provided, that it shall be competent for parties denying the validity of such tax deeds or assessment deeds to put in evidence the proceedings preliminary to the execution of such deeds; the purpose of this Act being to give city tax deeds and city assessment deeds the same prima facia force and validity which is accorded to tax deeds made by the officers of the State and county. Rome. Tax and assessment deeds. Sec. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 25, 1899.

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POULAN, TOWN OF, INCORPORATED. No. 319. An Act to incorporate the town of Poulan, in the county of Worth, in the State of Georgia, to define the corporate limits of said town, to provide for the election of a mayor and aldermen, and other town officers, for the government thereof, to enact all necessary ordinances, and to provide penalties for the violation of the same; to regulate the sale of merchandise and other commodities; to construct and maintain a system of sewerage; to regulate fire, police and sanitary protection; to raise revenue by taxation and specific license or otherwise, to defray expenses of the town government; to grant franchises as may be deemed necessary; to provide for the laying out of streets, alleys, sidewalks, drives and other public grounds and maintaining the same, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, That the town of Poulan, in the county of Worth, be, and the same is, hereby incorporated as a town under the name of the town of Poulan. The corporate powers of said town shall be vested in a mayor and five aldermen, and by the name of mayor and council of the town of Poulan they may sue and be sued, plead and be impleaded, and exercise all the corporate powers that may be necessary in performing their duties. Poulan, corporate name. Sec. II. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall extend one-half of a mile in each and every direction from the public well at Poulan. Corporate limits. Sec. III. Be it further enacted, That W. H. Clements be, and he is, hereby appointed mayor, and E. L. Gardner, E. N. Hutchinson, J. H. Kitchen, Edmond Bullard, V. P. Stephens be, and they are, hereby appointed aldermen of said town of Poulan, to hold their office until the first annual election as hereinafter provided. Mayor and aldermen appointed. Sec. IV. Be it further enacted, That on the second Wednesday in January, 1900, and each year thereafter on the same day, an election shall be held in the council chamber in said town for a mayor and five aldermen. Three of said aldermen shall

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hold their office for one year and until their successors are elected and qualified, and two of said aldermen shall hold their office for two years and until their successors are elected and qualified, but none shall vote or be eligible to the office of mayor or aldermen thereof who are not qualified to vote for members of the General Assembly of this State, and have not resided in the town for six months. Said election shall be held and conducted in the same manner as elections for county 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. The returns of the election shall be made to the mayor and council of said town. In the event that the office of mayor or any member of the board of aldermen shall become vacant by death, resignation, removal or other cause, the mayor or, in case his seat is vacant, the majority of the aldermen, shall order a new election, notice of which shall be given at least twenty days before said election is held, the same to be conducted as provided in this Act. Elections. Vacancies. Sec. V. Be it further enacted, That before entering on the discharge of their duties, the mayor and aldermen shall subscribe to the following oath, which may be administered by any person authorized by the law 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 Poulan, Worth county, according to the best of my ability and understanding, so help me God. Oath of mayor and aldermen. Sec. VI. Be it further enacted, That said mayor and aldermen 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 by fire or damage thereon; provided, that they be not repugnant to the constitution and laws of the State and the United States. General powers. Sec. VII. Be it further enacted, That said mayor and council shall have power to levy and collect a tax not exceeding one-fourth 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 executions to be made by the marshal or his deputy, and to be conducted as sales by the sheriffs of this State in case of levy of tax executions. They

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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 streets, and they shall have the power to lay out streets, build sidewalks and regulate the drainage of the town so as to insure good sanitary conditions. Tax. Street work Sec. VIII. Be it further enacted, That the mayor of said town, and, in his absence, the mayor pro tem. (who shall be elected by the aldermen 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 aldermen 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 peace and good order of the town are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town; he shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and in default of immediate payment, he may imprison the offender in the guard house of said town, or by work on the streets of said town, not to exceed thirty days. Mayor, duties and powers. Sec. IX. 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, treasurer and marshal, who may be any citizen of said town. From all 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, treasurer and marshal. Sec. X. Be it further enacted, That the clerk, treasurer and marshal receive such annual salaries as the council may deem just and proper; the mayor and aldermen shall not receive any salaries, but shall be exempt from street tax during the continuance of their official terms. Salaries. Sec. XI. Be it further enacted, That said mayor and aldermen shall have power and authority to tax all shows, auctioneers,

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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, and each and every kind of business carried on in said town by any person or persons, all said taxes to be in the nature of a license. Special taxes. Sec. XII. Be it further enacted, That the mayor and council shall have the power to regulate and control the sale of fresh meat and fish within the limits of said town, and to impose a tax upon any person dealing in the same. Market Sec. XIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 21, 1899. SOCIAL CIRCLE, CHARTER AMENDED. No. 386. An Act to amend the several Acts incorporating the town of Social Circle, in the county of Walton, and to provide for the registration of the voters of said town; to prescribe penalties for certain offenses connected therewith; to make registration a condition precedent to voting; to define certain duties of managers of elections in connection with registration list, and for other purposes. The General Assembly of the State of Georgia do enact, That the several Acts incorporating the town of Social Circle be, and the same are, hereby amended as follows: Social Circle. Section I. Be it enacted, That all persons residing in said town of Social Circle, 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 town, and shall have resided in said town 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 electors and be entitled to vote in said town election, and no others shall be qualified to vote. Qualified voters. Sec. II. Be it further enacted, That the clerk of said town council shall keep a book in which the voters of said town shall

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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 town; 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 town of Social Circle, or will have resided in said town 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 of voters. Sec. III. Be it further enacted, That said clerk of council shall open said registration book thirty days before any election to be held in said town of Social Circle, and shall proceed to register the voters of said town as already provided, and shall keep said registration book open until ten days before the town 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 town hereinafter provided for, and said clerk shall write his certificate at the close of 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 town in the election next to be held. List of voters. Sec. IV. Be it further enacted, That the mayor and council of said town shall, within thirty days after their qualification, appoint three intelligent and upright freeholders of said town as registrars of voters for the town of Social Circle, 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 the 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 a complete list of the qualified voters of the town. Said registrars shall place no names on said list that do not appear on the list filed with them unless it be made to appear that such names were illegally withheld from said list of the clerk; and

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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 list prepared by them. Registrars. Sec. V. Be it further enacted, That in preparing said list and investigating the qualifications of voters said registrars shall have the same power to subp[oelig]na and compel the attendance of witnesses, hear evidence under oath, and punish for contempt, that the mayor of said town has under the charter while holding his court, and they shall have the same power to require the marshal or police of said town to subp[oelig]na witnesses and perform other services necessary to said investigation. Powers of. Sec. VI. Be it further enacted that said registrars, after they have completed said list, shall certify the same to be complete and a correct list of the registered voters of said town, and on the day on which the election is to be held, at the time of opening the polls shall place said list in the hands of the managers at the precinct of said election, and said managers shall permit no person to vote whose name does not appear on said list. List of voters. Sec. VII. Be it further enacted, 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 town, 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 town allow any person to register whom they know that 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 list, 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 by section 1039 of volume III. of the Code of 1895, after an indictment or presentment of the grand jury of said county. Illegal registry. Sec. VIII. Be it further enacted, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899.

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SPARKS, NEW CHARTER. No. 376. An Act to establish a new charter for the town of Sparks in the county of Berrien, State of Georgia, to grant certain privileges to said town, to repeal all Acts in conflict, to define the limits of the same, to provide for the issue of bonds, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the municipal government for the town of Sparks, in the county of Berrien, State of Georgia, shall be vested in a mayor and five councilmen, who shall be a body politic with all corporate powers, under the name of the mayor and council of the town of Sparks, who shall succeed to all the rights and liabilities of the present town government, shall have perpetual succession and a common seal, and by the corporate name sue and be sued in any of the courts of this State, plead and be impleaded, contract and be contracted with, purchase and hold property, both real and personal, as will be necessary for corporate purposes, to accept all gifts and donations, to use, rent, lease, sell, or improve any or all of said corporate property as necessity and utility shall require; who shall also have power and authority to make and establish from time to time, such rules, regulations, ordinances, and by-laws, as shall appear necessary and proper for the health, morals, good order and good government of said town, not in conflict with the constitution and laws of this State and of the United States. Sparks, corporate name and powers. Sec. II. Be it further enacted, That the present mayor and council of said town shall continue to exercise their rights and privileges, and be liable for all present duties and obligations until their successors under this Act shall be elected and qualified; and that all vested rights acquired under and by virtue of the Act of December 26, 1888, incorporating said town of Sparks, shall, under this Act, remain intact and be protected. Mayor and council. Sec. III. Be it further enacted, That the corporate limits of said town shall extend one mile in every direction from the crossing of Center and Colquitt streets. Corporate limits. Sec. IV. Be it further enacted, That an election shall be held

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in said town on the second Tuesday in January, 1900, and annually thereafter, for a mayor and five councilmen, toserve one year from that time, and until their successors are elected and qualified. Said election shall be managed and conducted by a justice of the peace, or notary public ex-officio justice of the peace, for the 1487th militia district of said county, and two freeholders of said town, or by three freeholders only, who shall take an oath for the due performance of their duties as such. The polls at such election shall be opened at 9 o'clock A. M., and closed at 3 o'clock P. M., standard time. Elections. Sec. V. Be it further enacted, That all persons who are competent electors, under the State laws, to vote for members of the General Assembly, and have registered according to this Act, and have resided in said town six months immediately prior to such election, are qualified voters for mayor and council. The town clerk shall be ex-officio registrar of the town, and shall keep the registration books open for ten days next preceding such election, at some place converient for the voters, and before allowing any person to register shall require of him the following oath: I do solemnly swear that I am twentyone years of age; that I have resided in the State of Georgia one year immediately preceding this election and six months in the county of Berrien and town of Sparks; and have paid all the taxes required of me by the State of Georgia, the county of Berrien and town of Sparks, that I have had the opportunity of paying, except taxes for the present year. So help me God. Any elector may challenge the vote of any person offering to vote at such election. Thereupon the managers shall administer to such person the above oath, and one who votes illegally at such election shall be liable to such penalties as those imposed for illegal voting at State and county elections. Notice of said election shall be posted by the clerk at three public places in said town ten days prior to such election. Qualified voters. Sec. VI. Be it further enacted, That the managers as soon as possible after such election, shall determine who has been elected, and issue certificates of election to the newly elected officers, who shall assume the duties of office immediately upon taking the following oath, to be administered by the retiring mayor, or any other person qualified to administer oaths. I do solemnly swear that I will faithfully discharge all duties which devolve upon me as mayor (or councilman) of the town of Sparks, to the best of my ability and understanding. So

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help me God. The managers shall turn over to the incumbent mayor at least one tally sheet of the votes cast, and keep one themselves until any contest over such election shall be settled, or until the mayor and council elect shall be inducted into office. Managers' certificate. Sec. VII. Be it further enacted, That all qualified electors under this Act shall be eligible to hold the office of mayor or councilmen; that in case a vacancy occurs in the office of mayor, the council shall appoint, from their number, or from among the eligible citizens of Sparks, a mayor to fill such vacancy; and in case of a vacancy in the council, the mayor and remaining councilmen shall appoint a successor from the eligible citizens of said town; and that the mayor, or any one of the council may be removed from office, on account of removal of residence from said town, or for misconduct or malfeasance in office when such is sufficiently proven, by a two-thirds vote of the whole council. Qualifications of mayor and councilm'n. Vacancies. Sec. VIII. Be it further enacted, That the mayor and council shall hold regular meetings of their body for the purpose of transacting all business of said town. They shall at their first regular meeting of each year appoint a mayor pro tem., who shall perform all the duties of the mayor in case of his death, absence or disqualification; a treasurer who shall receive and pay out on proper order all money of said town, and perform such other duties as shall be required of him; a clerk who shall be keeper of the seal and all papers, books, and other property of the town, shall audit all accounts, keep open for inspection a book of the actings and doings of the officers of said town, make financial reports to the mayor and council and perform such other duties as shall be required; a tax receiver and collecter, who shall receive and collect all regular, special and license taxes; a board of tax assessors who shall be freeholders of said town and whose duty shall be to examine the returns for taxation of all property of every tax payer, and, if in their judgment, they find the property, or any portion thereof, returned below its value, or not returned at all, they shall cite such person or persons to appear before them to show cause why such property shall not be assessed at a higher value, or double taxed, and, if no good cause is shown, shall thereupon put its true valuation upon, or double tax such property; such person or persons if dissatisfied with the decision of such assessors, may appeal to the mayor and council, whose

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decision shall be final; a marshal who shall be general police officer, shall arrest all offenders against the laws and ordinances of said town, shall report all irregularities in said town to the mayor, shall collect all arrearage taxes and fines, by execution or otherwise, shall have power to levy executions, take bonds, claim, illegality, and other such papers, shall be ex officio street overseer and collect all street taxes, and shall perform all other duties required of him. The mayor and council shall have the further right to appoint policemen and such other subordinate officers as they shall deem necessary, and may combine any of the above offices as shall appear to them expedient. Such officers shall receive suitable compensation, and all except the tax assessors shall give bond payable to the mayor and council for the due performance of their several duties, and may be removed from office for just cause. Mayor pro tem. Treasurer. Clerk Tax receiver. Tax assessors. Marshal. Policemen. Sec. IX. Be it further enacted, That the mayor shall be the executive head of said town, and shall preside at all the meetings of the council when present; he shall have power to make vacation appointments of all subordinate officers, to hold until the next regular meeting of the council; he shall be ex officio justice of the peace in so far as the criminal jursdiction of such officers extends; he shall see that all the laws and ordinances of said town shall be observed and executed, and in exercising such authority shall hold mayor's courts for the trial of all offenders against such laws and ordinances, and shall have power to punish for contempt, and to impose such fines, penalties, and sentences as to him seem just and proper; provided, that no fine, or sentence, shall exceed fifty dollars, or imprisonment, or work on the streets for thirty days, any or all of these penalties to be imposed in his discretion. Any defendant being dissatisfied with such fine or penalty may appeal in writing within four days to the council, who after hearing evidence in such case shall have power to remit, reduce, or increase such penalty, or may allow thefinding of the mayor to stand. Such defendant may certiorari from their decision to the superior court, within thirty days, upon first paying all due costs. The mayor shall receive for his services such compensation as salary as the council shall deem just and equitable, and such salary shall not be changed to affect him during his term of office. Mayor. Ex officio a justice of the peace. Mayor's court. Sec. X. Be it further enacted, That the mayor and council of said town shall have full power and authority to open, close,

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lay out, widen, straighten, alter, drain and keep in repair all streets, sidewalks, crosswalks, alleys and squares; shall have full management and control of the same for all other purposes; and shall exercise the right of eminent domain, when absolutely necessary, for the condemnation of any private property in said town for such purposes, under suitable regulations made by them not in conflict with the laws of the State. Streets. Sec. XI. Be it further enacted, That the mayor and council of said town shall have power to compel all persons, who are subject to general road duty under the laws of this State, to work on the public streets, or other public works of said town not exceeding ten days in each year, or in lieu thereof to pay a commutation tax not exceeding five dollars, said work to be done under such rules and regulations as such mayor and council shall adopt, and upon failure of any person to work as required, or to pay said commutation tax, he shall be fined not more than thirty dollars, or imprisoned, or required to work on the town streets not more than thirty days, in the discretion of the mayor and council. The commutation tax so collected shall be used only for the improvement of the streets. Street work. Commutation tax. Sec. XII. Be it further enacted, That the mayor and council shall have authority to levy and collect an ad valorem tax, not to exceed one-half of one per cent. (except for extraordinary purposes) on all taxable property, both real and personal, within the corporate limits of Sparks, to defray the ordinary expenses of said town. That all property owners shall make a full return of all taxable property owned on the first day of February of each year to the tax receiver and collector at such time as shall be required by said officer, and on failure so to do shall be double taxed. Ad valorem tax. Sec. XIII. Be it further enacted, That if any person fail or refuse to pay the tax so required of him an execution shall be issued against him by the clerk by order of the mayor and council, which execution shall be directed to the town marshal and levied by him on any property of said person, which property shall be sold under proper advertisment as required by the laws of this State. Tax executions. Sec. XIV. Be it further enacted, That the mayor and council of said town shall have same power and authority to license, regulate and control all hotels, restaurants, livery, sale and feed stables, hacks, drays and other vehicles carrying on a regular business, auctioneers, venders, masters, itinerant traders, theatrical

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performances, circuses and exhibitions of all kinds, itinerant lightning-rod and emigrant agents, peddlers of all kinds, itinerant dealers in jewelry, and all other traveling vendors of articles, goods, wares, nostrums, and merchandise of every kind, agents of patented articles and other traveling agents, all keepers of billiard, pool or bagatelle tables, of shooting-galleries, tenpin alleys, and of every other table, stand or place, of flying jennies, bicycles, velocipedes, and skating-rinks, of slaughter houses, beef and other markets, and green groceries, upon legitimate games of all sorts, whether played with cues, stills, rings or other contrivances, upon dealers of fish, oysters, vegetables, fruit, bread and other articles of food, upon telephone, telegraph, express companies, and local life and fire insurance agents, and all other establishments, business, calling or vocation, and to impose such license and special tax on any and all of said trades, professions, games, shows, agents, peddlers, and avocations as they may in their discretion see fit and proper, except such as are especially exempted from taxation under the general laws of this State. License tax Sec. XV. Be it further enacted, That the mayor and council of said town shall have power and authority to regulate and control the sale or keeping for sale of vinous, malt, spirituous, and intoxicating liquors, bitters, beverages, and mixtures of any kind and name whatever, and to grant license for the sale of the same, not inconsistent with the existing laws of the county of Berrien and State of Georgia in regard to the same. They shall also have power to pass all laws and ordinances necessary to regulate such sales. Sale of liquor. Sec. XVI. Be it further enacted, That the mayor and council shall have authority to abate nuisances of all kinds, to suppress disorderly houses and houses of ill fame, to remove obstructions, to prevent reckless throwing of stones and missiles and the use of firearms or fireworks on the streets and squares, the running at large of hogs, cattle or other animals, to regulate all privies, water-closets, pig pens, butcher pens, forges, chimneys, furnaces, blacksmith shops, tan yards, dye works, and all other such establishments, weighing, the keeping of gunpowder, and other combustibles, the running of horses, railroad trains, bicycles, velocipedes, and other vehicles, to establish and protect markets, to protect schools, lodges, and places of public worship, to provide, regulate and keep in order a cemetery, to fix a fire limit and make regulations guarding against fire, to prescribe

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building material, and to pass laws penal and condemnatory to enforce these regulations. Police powers. Sec. XVII. Be it further enacted, That the mayor and council shall have power to appoint three persons, one of whom shall be a reputable physician, as a board of health for said town, whose duties shall be to inspect the streets, alleys, and all places and establishments of every kind in said town as often as it shall be deemed necessary, to prevent the coming in and spread of all epidemics by the use of pest houses, vaccination, quarantine and other vigorous sanitary measures; to take all steps necessary to promote the healthfulness of said town, and prevent the growth and spread of disease, all sanitation and quarantine laws necessary to make the work of this board effective shall be passed. Board of health. Sec. XVIII. Be it further enacted, That the mayor and council shall provide a jail or guard house for said town, and cause all offenders against this Act and ordinances and by-laws based upon it to be arrested and locked up therein to await trial or to serve out sentences after trial and conviction, provided that any person arrested shall be allowed bail for appearance at court under such regulations as shall be provided by said laws. Guard house. Sec XIX. Be it further enacted, That the mayor and council of said town shall make provisions for the attendance of witnesses, claims, illegalities, process, bond forfeiture, and all other papers and proceedings usual in the courts of this State. General powers. Sec. XX. Be it further enacted, That the mayor and council of Sparks shall have power and authority to pass all rules, regulations, ordinances and by-lays necessary for the protection of peace, health, life, liberty, personal security, private and public property, and for the morals, welfare, good order and good government of said town and its inhabitants, and for carrying out the provisions of this Act, they shall have in addition to that expressed, all powers and authority set forth in sections 691 to 709 inclusive, of volume I. of the Code of 1895, not in conflict with this Act. Sec. XXI. Be it further enacted, That the mayor and council of Sparks shall be empowered and authorized to issue bonds of said town not to exceed in amount five thousand ($5,000) dollars, said bonds to be of such denoninations as shall seem expedient to said corporate authorities, shall bear a rate of interest not to exceed six per cent. per annum, and shall mature and become payable at such times as said authorities may determine,

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within thirty years after their issue. Such bonds shall be signed by the mayor and countersigned by the treasurer of said town and shall have coupons attached for each installment of interest, signed and countersigned in the same manner as said bonds; the principal of such bonds and interest coupons shall be payable at maturity on presentation to the town treasurer. Said mayor and council shall be authorized to negotiate the sale of such bonds, or such portion thereof as they may deem necessary, for the erection and equipment of a school building, or buildings, in said town, and the purchase of real estate for a suitable site therefor. Bonds for school-house. Sec. XXII. Be it further enacted, That said mayor and council shall set apart from the funds annually raised by taxation, a sufficient amount for the payment of the principal and interest of such bonds as they mature and become due, and they are hereby empowered to levy and collect an ad valorem tax, in addition to that mentioned in section XII. of this Act, for such purpose, such tax not to exceed one-fourth of one per cent. upon all the taxable property of said town. Sinking fund. Ad valorem tax. Sec. XXIII. Be it further enacted, That before such bonds shall be issued the voters of said town must approve of their issue by a two-thirds vote of the qualified voters voting at an election to be held in the following manner: The mayor and council shall give notice thereof for thirty days next preceding the day of election, which notice shall specify the kind of bonds, the purpose of each issue, the interest, denomination, date and maturity of the same. This election shall be held under the same rules laid down in this Act for the election of mayor and councilmen, the managers and qualification of voters being the same. The ballots shall have written or printed upon them For Bonds, or Against Bonds. If two-thirds of the qualified voters who vote, vote for bonds, the mayor and council shall issue such bonds; if not, then no bonds shall be issued; provided, an election may be held annually until such issue shall be allowed. Bond election. Sec. XXIV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899.

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SUMMERVILLE, CHARTER AMENDED. No. 387. An Act to repeal sections 10, 11, 12, 13, 14 and 15 of an Act entitled an Act to incorporate the town of Summerville, in the county of Chattooga, to define its limits, provide for a mayor, recorder and council and other officers of said town, and prescribe their power and duties; to create a free school system for said town; to provide for a public fund by taxation and license; to provide for the making of all lawful rules, regulations and by-laws for the proper government and control of said town, and the enforcement of its ordinances, approved December 21, 1897. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That sections 10, 11, 12, 13, 14, and 15, of an Act entitled an Act to incorporate the town of Summerville, in the county of Chattooga, to define its limits, provide for a mayor, recorder and council and other officers of said town, and prescribe their powers and duties; to create a free school system for said town; to provide for a public fund by taxation and license; to provide for the making of all lawful rules, regulations and by-laws for the proper government and control of said town, and the enforcement of its ordinances, approved December 21, 1897, be, and each of said sections is hereby repealed. Summerville, charter amended. Sec. II. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899.

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SUMMERVILLE, CHARTER AMENDED. No. 203. An Act to amend the several Acts incorporating the village of Summerville, in the county of Richmond. Section I. Be it enacted by the General Assembly of Georgia, That the intendant of the village of Summerville, in Richmond county, be, and is, hereby vested with the power to hold a municipal court for the purpose of trying violations of the ordinances of said village and imposing the penalties prescribed by said ordinances. Said court shall be held at such place as may be designated by the village of Summerville, and under such rules of procedure as may from time to time be prescribed by said village of Summerville. The intendant may, during the illness or temporary absence of himself or such other one of the commissioners as may have been chosen to fill the position, temporarily appoint any one of the commissioners of the village of Summerville to act in his stead as judge in said municipal court, for a period of not more than thirty days at any one time. The commissioners of the village of Summerville may select any one of their number to regularly hold said municipal court, in lieu of the intendant. The member so selected, or the temporary appointee of the intendant, shall have all the powers as judge of said municipal court as are in this section conferred upon the intendant. Summerville, municipal court. Sec. II. The intendant, as judge of said municipal court, or such one of the commissioners as may be presiding as such judge, shall have power under the rules prescribed by the village of Summerville to compel the attendance of witnesses, admit offenders when arrested to bail, and to forfeit all bonds so taken when the same are not complied with, to issue execution for the collection of fines, and against the principals and sureties in forfeited bonds. All executions so issued to be directed to and levied by the marshal, and the property sold by him at the same time and place and under the same rules and regulations as prescribed for sheriff's sales. Jurisdiction of. Sec. III. Be it further enacted, That the village of Summerville may pay compensation to the intendant or such one of the commissioners as presides over the municipal court, a salary as judge of said court, not to exceed $100.00 per annum. Salary of judge.

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Sec. IV. Be it further enacted, That the village of Summerville may by ordinance provide for the punishment of violations of the ordinances of the village by fine, or imprisonment, or work on the streets or other public works of the village; and to that end the confinement may be at such place as may be provided by the village of Summerville in said village or in the county jail of Richmond county. Such offenders as may be sentenced to work on the streets or public works of the village may, in lieu thereof, be hired out to other municipal or county authorities in the same manner as now prescribed by general law for the hiring of misdemeanor convicts. Penalties. Sec. V. Be it further enacted, That said village of Summerville shall have power and authority whenever any tax, assessment, license or license fees, or water tax, water rent, or water rate, or fine imposed for violation of the municipal ordinances is due by any person, or is due as a lien upon any property and is not paid at the time prescribed by the ordinances of said village, to issue execution against the person or the property, or both, owing said sum, and have the same levied upon any property of the defendant in fi. fa., or the property mentioned in the fi. fa. Said executions shall be issued in such manner and form and shall be directed to and be issued and signed by such officer as the village of Summerville may by its ordinances provide. Municipal claims, how collected. Sec. VI. Be it further enacted, That all property levied on by virtue of any execution issued under and by virtue of the foregoing section, shall be sold at the same time and place and under the same rules and regulations provided for sheriff's sales. Sales. Sec. VII. Be it further enacted, That all taxes, assessments, license charges or fees, or water taxes, water rents, or water rates and fines, shall constitute a lien upon all the property of the person, or persons, or property, against whom the same are levied, assessed or imposed, from the time the levy, assessment, charge, or fine is made or imposed, superior to all liens except State and county taxes. Liens. Sec. VIII. Be it further enacted, That said village of Summerville shall have power and authority to levy and collect a tax upon all business callings and occupations carried on within the limits of said village, and may provide for the collection of the same, and impose penalties of fine, or imprisonment, or both, for carrying on any business or occupation without paying such business or occupation tax. Special taxes.

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Sec. IX. Be it further enacted, That said village of Summerville shall have power and authority to require the taking out of licenses and the payment of license fees by any person or persons, or corporations, engaging in business or carrying on any occupation within the limits of said village, provide for the collection of the same, and impose penalties of fine or imprisonment, or both, for failure to take out any license that may be prescribed by said village. Licenses. Sec. X. Be it further enacted, That said village of Summerville shall have power to regulate and license hacks, drays and wagon and their drivers and owners; also all public shows and public entertainments; regulate the running at large of dogs and bitches and license the keeping of the same. Hacks and shows. Sec. XI. Be it further enacted, That said village of Summerville may pay to the duly elected intendant a salary not to exceed $400 per year. Salary. Sec. XII. Be it further enacted, That the authority herein conferred upon the village of Summerville shall be exercised by and through the commissioners of said village of Summerville. Municipal authority. Sec. XIII. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved November 25, 1899. SWAINSBORO, CITY OF, INCORPORATED. No. 245. An Act to repeal an Act entitled an Act incorporating the town of Swainsboro, in the county of Emanuel, approved December 22, 1857, and the several Acts amendatory thereof, including an Act approved December 21st, 1887; also an Act approved September 27th, 1891, and all Acts not herein mentioned, and said corporation to be dissolved and declared null and void, and to be incorporated the city of Swainsboro, in the county of Emanuel; to define the corporated [Illegible Text] thereof; to confer upon the mayor and council thereof certain powers, privileges and duties; to provide for public school, and for other purposes. Section I. Be it enacted by the General Assembly of the State

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of Georgia, That an Act entitled, An Act incorporating the town of Swainsboro, in the county of Emanuel, approved December 22d, 1857, and the several Acts amendatory thereof, including an Act approved December 21st, 1887; also an Act approved September 27th, 1891, and all Acts not herein mentioned appertaining thereto heretofore passed be, and the same are, hereby repealed so far as they conflict with the provisions of this Act. That said charter of the town of Swainsboro, as it now exists, is dissolved and declared null and void. Swainsboro. Sec. II. Be it further enacted by the authority aforesaid, That said town of Swainsboro is hereby incorporated under the name and style of the city of Swainsboro. The corporate limits thereof shall extend one mile in every direction from the center of the court-house, in the county of Emanuel, State of Georgia, as it is now situated. Corporate name and limits. Sec. III. Be it further enacted, That the municipal government of said city shall be vested in a mayor and five councilmen, who shall be styled the mayor and council of the city of Swainsboro, and by that name are hereby made a body corporate. As such they shall have perpetual succession, shall have a common seal, and may control, may hold, possess, sell, convey and purchase, for the use of said city, real or personal estate of any kind, and may sue and be sued. Mayor and councilmen. Sec. IV. Be it further enacted by the authority aforesaid, That the mayor and councilmen of said city shall hold office for one year, and until their successors are elected and qualified. That the annual election for mayor and councilmen of said city shall be held on the third Monday in December, 1899, and on the third Monday in December each year thereafter. The polls at all elections in said city shall not be opened before 8 o'clock a. m., and shall be closed at 4 o'clock p. m. Term and election. Sec. V. Be it enacted by the authority aforesaid, That all persons qualified to vote for the General Assembly, residing in said city, who shall have paid all legal taxes due said city and have done all the work on the streets imposed and required by the authorities of said city, and who shall have resided in said city for six months next preceding an election, and shall have registered as hereinafter provided, shall be considered electors, and entitled to vote at such election; and no person shall be eligible to any office under this Act who, with the exception of registration, is not eligible as a voter at the election. Qualified voters.

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Sec. VI. Be it enacted by the authority aforesaid, That the clerk of the city council of Swainsboro shall keep a book for the purpose of registration and such book shall be kept open at all times except for six months immediately preceding the annual election of mayor and councilmen of said city in each and every year, and said clerk shall close said book for the full term of six months prior to said annual election. Each and every person applying to be registered shall make oath before the clerk, who is hereby authorized to administer the same: I am twenty-one years of age (or I will be by the time of the next annual election in said city). I reside in the city of Swainsboro. By the next annual election in the city of Swainsboro I will have resided in the State of Georgia one year and in the city of Swainsboro six months. I have paid all legal taxes required of me, and which I have had opportunity of paying. Registration of voters. Sec. VII. Be it enacted by the authority aforesaid, That the mayor and councilmen shall appoint three freeholders, who shall be electors under this Act as managers of said elections, whose duty it shall be to receive and count the votes polled. Said managers, before proceeding with the election, shall be sworn as prescribed in sections 67 and 68 of the Code of Georgia. It shall be the duty of the clerk of the city of Swainsboro to furnish said managers with the book of registration herein provided. Managers of elections. Sec. VIII. Be it enacted by the authority aforesaid, That any person offering to vote in said city election may be challenged; and when so challenged the managers shall cause such person to take the following oath: I do solemnly swear that I am twenty-one years old; that I am a citizen of this State, and have resided for the last six months in the city of Swainsboro; that I have paid all taxes and done all work on streets legally required of me in said city; that I have registered, and that I have not voted before during this election, so help me God, and no person challenged shall be allowed to vote if he refuses to take the oath. Any person voting illegally at such election shall be liable to the same penalty that is prescribed by the laws of this State for illegal voting in State and county elections, and may be prosecuted for same in Emanuel superior court. Oath of voter. Sec. IX. Be it further enacted by the authority aforesaid, That if any person making application to register 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 qualifications and his right to vote. Appeal of voter.

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Sec. X. Be it enacted by the authority aforesaid, That vacancies in the office of councilmen by death, resignation, failure to elect, removal from office or from the city, shall be filled by an election which shall be ordered by the mayor after five days' notice, posted at the council chamber. Vacancy in the office of mayor shall be filled by an election which shall be ordered and published five days by the council. Vacancies. Sec. XI. Be it further enacted by the authority aforesaid, That the superintendents of said election shall conform to the laws governing elections in this State in so far as they are applicable to said elections, and shall issue certificates of election to such persons as receive the highest number of votes polled, who shall within ten days from said election qualify by taking an oath to well and truly perform the duties of their respective offices before an officer authorized in this State to administer oaths, which oath shall be filed with the clerk of council, and shall be recorded by him in a book kept for that purpose. Superintendents of elections. Sec. XII. Be it enacted by the authority aforesaid, That said mayor and council shall appoint a 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 protem. Sec. XIII. Be it 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 committed within the city, and binding or committing to jail the offenders to appear in any court having jurisdiction of such offenses. Whenever it appears in the course of an investigation or trial of any case in the mayor's court of said city that a proper case has been made out for 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 he may require, to bind over any offender to appear in any court having jurisdiction, to commit such offender to jail, and the sheriff of Emanuel county is required to receive the same, and if after such offender is committed he desires to give bail, it shall be the duty of the sheriff to bring said offender before the mayor, or in his absence for any cause the mayor pro tem., who shall assess and prove the bond. Mayor and councilmen ex officio justices of the peace. Sec. XIV. Be it further enacted by the authority aforesaid, That the city of Swainsboro shall have and enjoy all the rights, privileges and powers incident to such corporations, not repugnant to the constitution of the United States, the constitution of this State

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and the laws made in pursuance thereof, and said corporation, by their mayor and council, shall have full power and authority to enact all ordinances, by-laws, rules and regulations necessary for the good government of said city and for securing the health of the inhabitants thereof. General powers of city government. Sec. XV. Be it enacted by the authority aforesaid, That the mayor, or in his absence or inability, the acting mayor of said city, shall hold a police court in said city at any time for the trial and punishment of all violators of the ordinances, by-laws, rules and regulations of said city, the punishment inflicted not to exceed a fine of one hundred and fifty dollars ($150.00), or labor on the streets of said city or public works in said city not to exceed ninety days, and in addition thereto such costs of the proceedings as may be imposed. Said costs and fines shall be collected by execution issued by the clerk of the council against the estate of the offender, both real and personal. Police court. Sec. XVI. Be it enacted by the authority aforesaid, That the marshal of 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 any ordinance of said city, and bring the offender before the mayor 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 a written or printed accusation shall be preferred against the offender in manner and form as follows: State of Georgia, City of Swainsboro. I, , Marshal of said city, in the name and behalf of the Mayor and Councilmen of said city, charge and accuse with the offense of (here state the offense fully) committed in the city of Swainsboro on the day of , contrary to the laws of said city, the peace, good order and dignity thereof. This day of , and shall be signed by the marshal or the acting marshal as prosecutor; and when such accusation is preferred the same shall be sufficient authority to hold the accused until the final trial of the case, and to that end the accused may be imprisoned unless he or she gives a good and sufficient bond and security for his or her appearance at such time as may be required, such bond to be adjudged of and approved by said marshal; 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 council and execution issued thereon by the clerk by first

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serving the principal, if found, and his securities with a rule nisi. Such rule shall be signed by the clerk and mayor, and should there be a defense to said rule, the same shall be heared by the mayor, with the right of certiorari o the superior court of said county of Emanuel. Marshal, arrests and prosecutions by. Sec. XVII. Be it enacted by the authority aforesaid, That all writs, processes 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 shall be advertised, if personal property, by posting said advertisement in three of the most public places in said city for ten days before sale, and if real estate, the marshal shall advertise the same in the public gazette in which the sheriff's advertising for the county is done, and shall advertise the same once a week for four weeks, and shall only sell said real estate on the first Tuesday in each month. All sales by the marshal shall take place in front of the courthouse in said city within the legal hours of sheriff's sales. And when a claim of illegality may be interposed or a claim be filed, the marshal shall not sell, but in case of personal property, the claim of illegality or claim shall be returned to the judge of the city court; if there be no such judge, then to the justice's court in which said city is situated, unless the amount exceeds the jurisdiction of said court; then the same shall be returned to the superior court of Emanuel county. And in case it should be land levied on the return should be returned to the superior court of the county where the land lies. Municipal claims, how collected. Sec. XVIII. Be it further enacted, That in all cases there may be an appeal from the decision of the mayor to the board of councilmen; and the majority of said board shall be sufficient to hear said appeal, but there may be certiorori to the superior court from the decision of either the mayor or the board of councilmen. Appellant, before appealing, must pay all costs or file an affidavit that owing to his poverty he is unable to pay the cost. Appeal. Certiorari. Sec. XIX. Be it further enacted, That for any gross official misconduct or abuse of power, or malpractice in office of any kind by the mayor or any councilman, written charges may be preferred against such officer by any person, and upon a vote

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of two-thirds of the council, such offending officer shall be removed from office; provided, that in the trial of such cases, the accused shall neither preside nor vote. Malpractice. Sec. XX. Be it further enacted, That the said mayor and council at the time of qualification shall elect a treasurer, clerk, marshal and city attorney, fix their compensation, and require each 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 do and perform such duties as may be incumbent in their respective offices. The marshal shall collect and pay over as required by the mayor and council, all taxes, fines and forfeitures, and all other incomes to said corporation. Said officers shall continue in office for one year unless sooner removed by the mayor and council, and in case of a vacancy from any cause in any such offices, the mayor and council may, by appointment, fill such vacancies. Officers. Sec. XXI. Be it further enacted, That in all cases where the mayor and council shall see proper to open any new street or to widen any street, lane or alley, or any way to change the same, it shall be lawful for them to have said street, lane of alley surveyed and marked, and before proceeding to open the same they shall give notice in writing to the owner of the land through which said street, lane or alley is to be opened or changed for twenty days, during which time it shall be lawful for such owner, his agent or attorney to file objections to such new street, lane or alley, or to the proposed change in such old one, or to make claim for damages which may result to such owner. In case no objection is filed in said twenty days, it shall be lawful for said mayor and council to proceed at once to open said street, lane or alley, or to make such change in any old one agreeable to the survey made before the commencement of said proceeding. In case objections are filed or damages claimed it shall be the duty of the mayor to select one disinterested freeholder, resident in said city, and the owner or his agent shall select another and they two a third, and in case said owner shall refuse to select an arbitrator, the ordinary of Emanuel county shall be authorized to select one for him, and the three arbitrators so chosen after examining the premises and hearing such evidence as may be offered by either party shall proceed to assess the damages resulting therefrom; provided, either party being dissatisfied with said award, shall

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have a right to appeal the same to a jury in the superior court under the law governing appeals and other cases, and provided further, that upon payment of the damages so assessed, or the lawful tender thereof by said mayor and council to said owner or his agent or attorney, said mayor and council shall be authorized to open or change said street, lane or alley to correspond with the survey thereof, theretofore made, before final judgment on the appeal. The mayor and council 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, horses, cattle, sheep and other animals, and fowls of all kinds from going at large in said city, to protect divine worship wherever held in said city, to abate or cause to be abated anything in the opinion of the majority of the whole council shall be a nuisance, to regulate the keeping of gunpowder and other combustibles, to provide in or near the city places for the burial of the dead and to regulate interments, to provide for the regular building of houses or other structures, to provide for the construction of houses within the fire limits of said city, and said city is authorized to prescribe the boundaries of said fire limits and to make any other regulations guarding against the burning or damage by fire, to provide for the making of division fences by the owners of adjacent premises, and the draining of lots by proper drains and ditches, 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 compensation, to erect, authorize or prohibit the erection of gas works, electric lights or water-works in said city, to prevent injury to or pollution of the water or healthfulness of the city, to provide a revenue for said city, to provide for the annual assessment of taxable property therein, to adopt rules for the regulation and government of its own body, to lay off, vacate, close, open, alter, cut, have and keep in good order and repair roads, alleys, sidewalks, cross walks, drains and gutters, for use of the public or any of the citizens of said city, and to improve and light the same, regulate the width of the sidewalks on the streets, and to order the sidewalks, crossings, footings, drains and gutters to be curbed and paved and kept in good order,

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firm and clean, by the owners or occupants of the real property next adjacent thereto, 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. Condemnation of land for streets. Municipal powers. Sec. XXII. Be it further enacted, That the said mayor and council shall at their first regular meeting after their installation into office, appoint three assessors, citizens of this city, whose duty it shall be under oath to faithfully and impartially discharge the duties of their offices, to assess at its market value, all real estate in said city subject to taxation; and in case the owner is dissatisfied with the value set upon his property by the assessors, he shall have a right of appeal to the council, whose decision shall be final. Tax assessors. Sec. XXIII. Be it further enacted by the authority aforesaid, That the mayor and council of said city be, and they are, hereby authorized to establish a system of public or common schools within said city, upon first complying with the following regulations, to wit: Before any common or public school shall be established in said city, to be maintained at the expense of said city, the mayor, upon recommendation of two-thirds vote of the council, shall advertise an election in the gazette in which the sheriff's advertisements are printed, once a week for four weeks, to be held at the court house in said city, at which all persons qualified to vote for mayor and council of said city, shall be qualified to vote, said election to be conducted in all particulars as now provided by law for elections in said city. It shall be the duty of the electors at said election to endorse on his ballot, Public Schools, or No Public Schools, and if two-thirds of all qualified to vote at said election shall be found to have voted in favor of public schools, then, and in that event, but not otherwise, it shall be lawful for said mayor and council to establish one or more public schools, for each of the two races within said city, to be maintained in whole or part at the expense of said city, by local taxation; provided, that no local tax levied and collected for said purpose shall ever in one year exceed of 1 per cent on the taxable property of said city. Public schools. Sec. XXIV. Be it further enacted by the authority aforesaid, That the council shall cause to be annually made up and entered upon its journal an accurate estimate of all sums which are, or

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may be lawfully chargeable to 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 property real and personal within said city, upon banking, insurance, and other capital employed therein. The council shall have power to levy and collect a specific tax upon factors, bankers, agents, or managers of gift enterprises, shows of all sorts, peddlers of all sorts, fire and life insurance agents, policy venders, lightning-rod agents, book agents, sewing-machine agents, dealers in musical instruments, clocks and stoves, whether by sample or orders taken for future delivery or otherwise, 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 laws in this State. General tax. Special taxes. Sec. XXV. Be it further enacted, That said city council shall have the power and authority to impose a license upon dogs within said city in such a manner and mode as said mayor and council shall deem best; provided, in no case shall the license imposed exceed one dollar per capita on said dogs. Dogs. Sec. XXVI. Be it further enacted, That the mayor, as such when presiding at any police court, or at any meeting of the council, shall have power to punish for contempt by fine not to exceed fifty dollars ($50.00), or imprisonment not to exceed thirty days for each offense, and may, in his discretion, impose the full penalty herein prescribed upon witnesses who shall fail to respond to subp[oelig]nas duly and legally served upon them without legal excuse for such failure. Police court. Sec. XXVII. Be it further enacted, That the mayor shall be the chief executive officer of the city, and he shall take care that the orders, by-laws, acts and resolutions of the council are faithfully executed. He shall make out and publish annually a full report, showing the exact condition of the city and its finances, and shall require reports from the other officers of the city showing the exact status of the affairs of each office. The mayor shall preside over the deliberations of the council, and he shall not be entitled to vote except in case of a tie. Mayor, duties and powers. Sec. XXVIII. Be it further enacted, That every male citizen of said city not under sixteen nor over fifty years of age shall, if required by council, work not exceeding fifteen days in one year, and not exceeding five days in one month by himself or an acceptable substitute, on the streets, sidewalks and alleys of

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said city under the direction of the marshal, or he may be released from such work upon payment of such amount as may be fixed by council as street tax. Street work or tax. Sec. XXIX. Be it further enacted, That the mayor and council shall have complete control of the manufacturing, wholesaling and retailing of spirituous and malt liquors in the city; provided, the license for retailing spirituous liquors shall not be less than one thousand dollars per annum. Sale of liquor. Sec. XXX. Be it further enacted, That the mayor and councilmen of the city of Swainsboro are hereby expressly authorized to pass any ordinance not in conflict with the constitution of the United States, of this State or the laws thereof, to prohibit the storage or keeping of wines, beer, malt, alcoholic, or intoxicating liquors of any kind for illegal purposes, or prohibit the same from being brought into said city, and to punish within the limits prescribed by this charter any person or persons violating the same. General powers. Sec. XXXI. Be it enacted by the authority aforesaid, That within six months after the passage of this Act the mayor and council shall order an election to be held in said city of Swainsboro on the question of issuing bonds of said city for the purpose of building suitable houses and providing furniture and apparatus for the public school in said city, as well as the ground whereon to build said houses. That thirty days' notice of such election shall be given in the newspaper published in said city, and the same shall be held as elections for mayor and council are held for said city. That all persons entitled to vote for mayor and council of said city shall be entitled to vote in said election. That the ballots cast at such election shall have thereon for bonds or the words against bonds, and that the returns of said election shall be made to the mayor and council of said city, who shall, in the presence of and together with the managers of such election, consolidate and declare the result of the same. That if two-thirds of the qualified voters of said city voting at said election shall have voted for bonds, then the mayor and council of said city shall be, and they are, hereby authorized and empowered to issue bonds of said city, not exceeding in the aggregate the sum of twenty thousand dollars, of such denomination as the said mayor and council shall determine to be due and payable at any time in thirty years after issue as the said mayor and council shall determine. And said bonds shall bear interest not to exceed 6

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per cent per annum, which interest shall be paid annually. That said bonds shall be signed by the mayor of said city and countersigned by said mayor and council, and shall be negotiated in such a way and manner as said mayor and council shall determine to be for the best interest of said city of Swainsboro. Bond election for schoolhouses. Sec. XXXII. Be it further enacted, That the funds arising from the sale of such bonds will be placed on deposit in the Bank of Swainsboro to be used by the board of school commissioners to be appointed by the mayor and council of the city of Swainsboro to be used by said board of school commissioners for buying suitable lands, building a suitable school building for the public school of said city and for providing furniture and apparatus for the same as they shall deem best for the interest of said school. School fund. Sec. XXXIII. Be it further enacted, That said mayor and council shall annually levy and collect a sufficient tax on the taxable property of said city to pay the interest on said bonds as the same shall become due, and also to provide for the redemption of said bond as the principal shall become due. Sinking fund. Sec. XXXIV. Be it further enacted, That the mayor and council shall within sixty days after the passage of this Act employ the services of a competent surveyor and survey out and plainly mark and establish the corporate lines of said city. The same to be in a circle two miles in every direction from the center of the courthouse in said city. That in addition to staking, blazing out and stone posting said circle or corporate line there shall be sign boards put up on every road, street, lane or pathway crossing said corporate lines, with letters inscribed thereon, not less than one inch in length, plainly reading, City limits. Corporate limits. Sec. XXXV. Be it further enacted, That the mayor and council of said city may, if the ends of justice should demand, divide said city into wards, not more than five wards, each ward to be represented by one councilman. Wards. Sec. XXXVI. Be it further enacted, That the mayor and council of the city of Swainsboro are hereby empowered and authorized to make such by-laws and enact such ordinances as in their judgment will seem meet and just in the government of said city, not in conflict with this Act nor with the law of Georgia or the United States. Especially by-laws regulating the assessment and collection of taxes from citizens residing

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in a remote portion of said city and the working and keeping up the roads, lanes, or streets remote from the populous portion of said city. Legislative pow'rs. Sec. XXXVII. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 12, 1899. TALBOTTON, CHARTER AMENDED. No. 310. An Act to amend the charter of Talbotton, to authorize mayor and aldermen to issue bonds for building an electric plant, water-works, and for building or improving college buildings, after complying with the statutes made and provided for issuing municipal bonds. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the charter of the town of Talbotton be amended, authorizing the mayor and council of the town of Talbotton, said State, be, and the same are empowered to issue bonds of said town, not to exceed in amount the sum of ten 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 6 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. Talbotton may issue bonds. Sec. II. 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 tax 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 purposes 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 mayor and council are hereby authorized and empowered to assess and levy a tax not to exceed one-half of one per cent. upon the taxable property of said town in addition to the amount they are now authorized to levy, should it become necessary in order to meet the principal and interest of said bonds. Sinking fund.

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Sec. III. Be it 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. Bonds, how signed and negotiated. Sec. IV. 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 an electric plant for furnishing electric lights for said town, or water-works, or for building or improving the college buildings, or all or each of these purposes in the discretion of said mayor and council. The amount to be paid for said electric plant, or water-works, or building or improvements on said college building, and the portion of the funds applied to such purposes as before set forth, and all the details shall be left to the discretion of said mayor and council. Electric lights. Water works. College building. Sec. V. Be it further enacted, That the provisions of this Act shall not have effect until the same shall have been submitted to a vote of the qualified voters, and approved by a two-thirds vote of the qualified voters of said town. Sec. VI. 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 newspaper where the sheriff's advertisements for the county of Talbot is 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 what purpose, what interest they are to bear, how much principal and interest to be paid annually, and when to be fully paid off. Said election shall be held 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, 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 of said election shall make returns of the result of the said election to the mayor and council ef said town on the day after the election, and the result thereof shall also be published within ten days after said election by one insertion in the newspaper in which notice of said election is given. Election for bonds. Sec. VII. Be it further enacted, That the ballots cast at said

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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 the said mayor and council to issue said bonds as herein provided. But should such two-thirds majority not be for bonds, then there should be no authority in said mayor and council to issue such bonds. Ballots. Sec. VIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899. VALDOSTA, CHARTER AMENDED. No. 400. An Act to amend an Act amending the charter of the city of Valdosta, in the county of Lowndes, approved October 24, 1887, so as to make the term of officers two years, provide for increased rate of taxation, and to provide for the paving, macadamizing, grading, draining, and otherwise improving the streets and side-walks of said city, and to provide for the assessment of abutting property, and to enforce collection of same, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section three of an Act approved October 24, 1887, amending the charter of the city of Valdosta, in the county of Lowndes, be, and the same is, hereby amended as follows: by striking out the word annually between the words February and for in the third line and inserting instead the word biennially; also by striking out the words one year in the fourth line, at the beginning of said line, and inserting instead the words two years; so that said section as amended shall be as follows: That an election shall be held at the court-house door in said city of Valdosta on the second Wednesday in February biennially for a mayor and six councilmen, to serve two years, or until their successors are elected and qualified. Said election shall be opened at 8 o'clock a. m. and closed at 4 p. m., to be held under the superintendence

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of a justice of the peace and two freeholders in said city, or by three freeholders in said city, under the form and regulations prescribed by law for holding elections for members of the General Assembly so far as they are applicable to such elections, and do not conflict with the specific rules herein contained. Valdosta. Mayor and councilm'n, terms of. Sec. II. Be it further enacted, That section nine of said Act be amended, by striking out the word fifty between the words exceeding and cents in the third line thereof, and inserting instead the words seventy five; so that as amended said section shall be as follows: That said mayor and council shall have power and authority to assess, levy, and collect such taxes not exceeding seventy-five cents on the one hundred dollars upon all and every species of property, both real and personal, subject to pay county tax, within corporate limits of said town (except church and school property) at its market value, on the first day of April of each year; also to levy and collect such special tax on trades, business, occupations, theatrical exhibitions, circuses and shows of all kinds, tenpin alley, billiard, pool tables, etc., itinerant trades, peddlers, auctioneers, and all other trades, games and occupations, subject to special tax under the laws of the State, as they may deem proper. They shall have power to tax, license and regulate the sale of liquors and other intoxicating drinks within the limits of said city; provided, that the tax for the sale of spirituous liquors and other intoxicating drinks shall not be more than six hundred dollars, to be paid before issuing said license. Taxes. Sec. III. Be it further enacted, That section eleven of said Act be amended by adding the following subdivisions: 1. That the mayor and council of said city shall have full power and authority in their discrection to grade, pave, macadamize and otherwise improve travel and drainage of the sidewalks, streets, public lanes, and alleys of said city. Street improvements. 2. In order to carry into effect the authority above, the said mayor and council shall have the power and full authority to assess cost of paving and otherwise improving the sidewalks, including two-thirds of the necessary curbing on the real estate abutting on the street, and on the side of the street on which the sidewalk is so improved. Assessment for. 3. Said mayor and council shall have full power and authority to assess one-third of 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

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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 streets in such proportion as the mayor and council may prescribe. Prorated. 4. Said mayor and council shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for above purposes, 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 street so improved. Prorated. 5. That 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. Liens. 6. The mayor and council shall have full power and authority to enforce collection, for amount of any assessment so made for work either upon the streets or sidewalks, by execution issued by the city treasurer, against the real estate so assessed, against the owner thereof at the date of the ordinance making such assessment, which execution may be levied, by the marshal of said city, on such real estate, and after advertising and other proceedings as in cases of tax sales, the same shall be sold at public outcry to the highest bidder. Such shall vest absolute title in the purchaser. Said city marshal to have authority to eject occupants and put purchaser in possession; provided, that defendant shall have the right to file his affidavit denying the whole or a part of the amount for which execution is given, and stating the amount he admits to be due, which amount, with all costs, shall be paid and collected before the affidavit be received for the balance. And the affidavit shall be returned to the superior court of Lowndes county and there tried, and issue determined as in cases of illegality, subject to all the pains and penalties provided as in cases of illegality filed for delay. Assessments, how collected. 7. The mayor and council shall have authority to pave, and contract to pave, 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 contract at its instance, object being to prevent delay and the securing of uniformity. Improvements, how made. 8. The lien for assessment upon abutting property and street

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railroad companies or other railroad companies, for street or sidewalk paving, curbing, macadamizing, grading, draining, shall have rank and priority of payment next in point of dignity to lien for taxes, such lien to date from the passage of ordinance authorizing execution of the work in each case. Liens, rank of. 9. Said mayor and council shall have authority to prescribe by ordinance such other rules as mayor and council in its discretion may be necessary, to grade, pave, drain, macadamize, or curb the streets and alleys of said city; to enforce by execution the costs thereof against adjacent property owners and railroad companies; to provide how the agents or owners thereof shall be served with notice by personal service or by publication. Mayor and council, authority of. Sec. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899. WARRENTON, CHARTER AMENDED. No. 224. An Act to amend the charter of Warrenton, Ga., to wit: The Act incorporating the town of Warrenton, Georgia, approved December 12th, 1859, and various Acts amendatory thereof, so as to provide for the creation of the office of mayor, provide for election of a mayor, prescribe his powers, duties, and to prescribe salary therefor, term of office, etc. To change and prescribe punishment for offenses, to change time of election and council, etc., to prohibit vagrants, idlers, loiterers and tramps from entering and loitering and begging in said town, and to provide penalty therefor. To also provide for a building committee, their duties, powers, etc. To provide for a condemnation committee, prescribe their powers, duties, etc.; to provide for the establishment of a fire limit, etc.; also, for a special tax and collection of same, upon all shops, peddlers, livery, feed and sale stables, hacks, drays, cotton and cottonseed buyers, auctioneers, ginneries, mills, tailors, restaurants, hotels, operas, theatres, traders, etc., etc. Also to provide for floating bonds, making contracts, etc.; also, to provide an additional ad valorem tax to discharge bonds, etc.

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Section I. Be it enacted by the General Assembly of Georgia, That the Act incorporating the town of Warrenton, Ga., approved December 12th, 1859, and the various Acts amendatory thereof be, and the same are, hereby amended in the following manner to wit: There shall be elected on the 2d Wednesday in December, 1899, and biennially thereafter, a mayor, who shall hold his office for two years. The mayor in all cases shall hold his office until his successor is elected and qualified. In the event that said office of mayor shall become vacant, by death, resignation or otherwise, the clerk of the board of council shall act as mayor. Upon the vacancy of mayor, the mayor pro tem. and the board of council shall order a new election, by giving at least ten days' notice of time thereof in the official newspaper of Warrenton or at three of the most public places in the town of Warrenton. Said election to be held and managed in the same manner as the elections of the council according to the provisions of the charter approved December 12, 1859; provided, however, if the office of mayor shall become vacant at any time, within six months of the expiration of his term of office, the mayor pro tem. (the clerk) shall act as mayor during the balance of said term and exercise all the powers and rights of mayor during said unexpired term. Warrenton. Mayor. Vacancies. Sec. II. Said mayor shall be ineligible to said office after four years, or two terms; he shall be and is hereby constituted chief executive of said town and shall be paid a salary of ($100.00) one hundred dollars per annum; he shall see that all laws and ordinances of said town are observed and faithfully carried out and executed; he shall examine and audit all accounts against said town before payment; he shall have power to convene the council together at any time the emergency of the case requires it, or in his judgment it is necessary. Salary and duties of mayor. Sec. III. The mayor, or in his absence, the clerk of council, shall have full power and authority, under such rules and regulations as may be prescribed by ordinance, to hold a mayor's court for said town for the trial of offenders against the ordinances of said town and to impose such penalties for each and every violation thereof, not to exceed one hundred dollars, or thirty days in the calaboose or common jail or labor on the public works not to exceed thirty days, either one or all these penalties in his discretion for each offense. Mayor's court. Sec. IV. The said mayor, to all intents and purposes, shall be a justice of the peace, so far as to enable him to issue warrants for

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offenses committed within the corporate limits of said town, to commit to jail of Warren county, or to admit to bail, all offenders for their appearance at the next term of superior or county court of said county as the case may be; and it shall be the duty of the sheriff of said county to receive all persons committed by said mayor and keep them until discharged by due process of law. Mayor a justice of the peace. Sec. V. He shall have no vote except in case of tie when only four members of the board of council are in session. He shall have power to revise all ordinances, orders, resolutions, etc., passed by the board of council, when such order or ordinance authorizes the payment of any sum of money by the city, or whenever said town assumes liability for any indebtedness. After the passage of any order as aforesaid, the mayor shall have the term of five days from said passage of said ordinance in which to file with said council or the clerk thereof his dissent, in writing, which dissent shall be a veto of any ordinance or order passed by said council; but the general council may reinstate said order, ordinance or resolution, notwithstanding the veto, by a vote of (4-5) four-fifths thereof, to be taken by the yeas and nays to be entered on the minutes. Veto [Illegible Text] Sec. VI. Before entering upon the duties and the discharge thereof of the office of mayor, the mayor elect shall take and subscribe the following oath, to be administered by some officer authorized to administer oaths, viz.: I, , do solemnly swear that I will to the best of my knowledge, skill, and ability, without fear, favor, or affection, discharge the duties pertaining to the office of mayor of the town of Warrenton, Ga., during my continuance in office, so help me God. Said mayor, after taking and subscribing said oath, shall have full power and authority to administer to each member of the board of council the oath of office. Oath. Sec. VII. That from and after the passage of this Act, it may be unlawful for any tramp, or tramps, vagrant, or vagrants, wanderer, or wanderers, and all other persons without sufficient means of support and without livelihood, to enter said town for any purpose save that of seeking employment. It may be unlawful for person or persons aforesaid to beg or solicit alms in said town, and for every person so doing after prohibited by ordinance passed by the mayor and council of said town shall be subject to arrest and shall be punished as prescribed in section 18 of this Act. It shall be in the discretion of said mayor and council to pass such ordinances

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as in their discretion may most effectually carry out the provisions of this section. Vagrants and beggars. Sec. VIII. That from and after the passage of this Act the mayor and council shall be and is hereby constituted a building committee, whose duty shall be to grant to persons desiring to build any storehouse, warehouse, office building, dwelling house, shop, stable, ginnery, mill or other thing, a permit which shall authorize said party builder to erect house desired. It shall also be within the power of said mayor and council to deny and object to any building which in their judgment may be dangerous to person or property, either from fire, wind, or any other cause. If no permit in writing is allowed by the mayor, and a majority of said council, and the erection of a building begun, it shall be the duty of said mayor to notify owner thereof to desist, and upon his refusal to do so, it shall be the duty of said mayor and council to condemn said house or building and have same removed at expense of owner thereof, and upon any interference with said condemnation proceeding, by the owner of property condemned, it shall be the duty of the marshal of said town to arrest said person so interfering and place him or them in the calaboose or common jail, until tried as other cases are tried by the mayor. Also said mayor and council shall and is hereby constituted a condemnation committee, whose duty shall be to inspect, as often as is necessary, any house or houses, cellars or other things, and if likely to endanger life, property, or health, they shall cause such nuisance to be abated in a summary manner at the expense of the party whose act or negligence caused such nuisance, or the owner of the property upon which the same may be located, upon his or their being notified to abate same and a refusal to do so for space of five days. To carry into effect this section the mayor and council are hereby authorized to pass such ordinances as in their judgment will most fully and effectually carry out the intent and purpose of this paragraph. Building committee. Condemnation. Sec. LX. That said mayor and council be, and are hereby, authorized and empowered to erect, establish, keep, and maintain a fire limit in their discretion, and it shall be unlawful for any person or persons to erect other than fire-proof buildings or other structures of whatever kind other than fire-proof. Should any one erect or cause to be erected within the fire limit established by said mayor and council, any house or other thing, other than fire-proof buildings, said mayor and council may cause the same to be removed after five days' notice at the expense of the owner or owners of such

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building or buildings. The expense of such removal to be collected by execution issued from said council by the clerk thereof. It shall be within the power of said mayor and council, and they are hereby authorized to determine what buildings are or are not fire-proof. Fire limits. Sec. X. That from and after the passage of this Act the said mayor and council shall have power to pass such laws and ordinances as they may think proper in regard to granting or not granting license to operas, theatrical companies or performances or other shows or exhibitions; said tax not to exceed $25.00 upon each performance. This being applicable to all kinds and classes of shows except circus, and as to them the tax levied shall be in the discretion of the mayor and council. License for shows. Sec. XI. That from and after the passage of this Act may pass such ordinance as to granting or not granting license upon all mercantile, millinery, and drug business, livery, feed, or sale stable, jack, stallions standing in said town, wood-shops, shoe-shops, blacksmith, shops, hotel, restaurants, tailors, cotton, and cottonseed buyers, auctioneers, horse-swappers, traders, peddlers, harness-makers, guano agents and each and every other agent, buyer, or other such business carried on in said town, as they, or a majority of them, may deem proper, not to exceed the sum of fifty ($50.00) dollars annually; provided, however, this section shall not apply to any person, agent, or corporation, which is now subject to the special State law tax. Said tax to be a special tax and imposed at the option of said mayor and council or the mayor and a majority of said council. Any person or persons engaged in the aforesaid callings or business without first obtaining license as aforesaid shall be arrested and punished as prescribed in section 17 of this Act. Business license. Sec. XII. The mayor and council shall also have power to pass such ordinance as to granting or not granting a license upon all meat markets or other business of a like nature carried on in said town as they or a majority of them may deem proper. Tax upon the same not to exceed fifty dollars. It shall also be unlawful for any person or persons, to barter, sell or trade any meats in said town before obtaining license as aforesaid, and any person so offending shall be punished as prescribed in section 17 of this Act, provided the provisions herein shall not prohibit persons from selling or trading their produce and meats, that is, such as are raised by them. That for the purpose of more effectually carrying into effect sections 11 and 12 of this Act, the mayor and council are hereby

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authorized to pass such laws and ordinances as they or a majority of them deem proper. License for markets. Sec. XIII. The mayor and council shall have full power and the same is hereby vested in them, to assess a tax on any person or persons carrying or attempting to carry on any brokerage business in said town of not more than one hundred dollars in addition to all other tax they are required to pay. Also full power and authority is hereby vested in said mayor and council, or a majority of said council, to license pawnbrokers within their jurisdiction, to define by ordinance their powers and privileges, to impose a tax upon them in their discretion, to revoke their license, and to superintend such pawnbrokers and to pass such laws and ordinances as will insure fair dealing between them and their customers. To levy a tax in their discretion upon all itinerant traders who shall sell directly or indirectly in said town any wares, merchandise or goods, and to collect same. Brokers. Pedlers. Sec. XIV. That from and after the passage of this act it shall be lawful for the mayor and council of said town to incur an indebtedness of not exceeding $25,000.00 for the purpose of erecting and maintaining a system of water works and electric lights, and other purposes, by making contracts for same, but before incurring said indebtedness it shall have the approval of said mayor and council and shall be approved by a two-thirds vote of the voters of the city voting therein, who are entitled to vote for mayor and members of the General Assembly, which election shall be held after the second voting of the council, on second Monday in month after said voting. Said election to be held as now provided for elections of council in Acts 1859. Those in favor of bonds shall have printed on their tickets for bonds; those against, no bonds. In the event waterworks and electric lights are established, then the mayor and council shall provide by ordinance for furnishing water and lights to private families and fix a specified charge therefor. Electric lights and water-works. Sec. XV. That in addition to the ad valorem tax already levied and provided for by and under provisions of charter embodied in Acts of 1859, the mayor and council may, in case of emergency to be adjudged of by them, levy an extraordinary tax of not more than one-half of one per cent (on taxable property of said town), said extra tax to be added to and collected at same time as the ad valorem tax and used as in their judgment is to the best interest of said town. Extraordinary tax.

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Sec. XVI. That from and after the passage of this Act section two of Act of 1859, page 211, same being the original charter of said town, be, and the same is, hereby amended by striking therefrom the following, viz.: Those persons who shall be elected commissioners at the first election after the passage of this Act shall continue in office until the second Monday in January, 1861, on which day, and on the second Monday in each year thereafter, an election shall be held for five commissioners, and inserting in lieu thereof the following: There shall be an election for five commissioners and a mayor on the second Monday in December, 1899, and each year thereafter, said mayor to be elected biennially, so that said section when amended shall read as follows: That each one of said commissioners, before entering upon the discharge of his duties shall go before a justice of the peace, or a justice of the inferior court, or some other person authorized to administer an oath, and shall take the following oath: I, , do solemnly swear (or affirm) that I will, during my continuance in office, to the best of my knowledge and ability, without favor or partiality to any one, discharge the duties of commissioner of the town of Warrenton, so help me God. There shall be held an election for five commissioners and a mayor on the second Wednesday in December, 1899, said commissioners to be elected each year thereafter and said mayor to be elected biennially thereafter, at the place and in the manner as prescribed in the first section of charter of said town, who shall hold their offices for one and two years respectively, or until their successors are elected and qualified, and they shall be re-eligible. Said mayor shall be re-eligible for two terms. In the event of there being no election at the time designated by this Act, the commissioners who have last served, or any three freeholders residing within the corporate limits of said town, are hereby empowered to order an election by giving five days' written notice of said election, to be posted up at three or more public places in said town, which election shall be held and conducted in the same way as if it had taken place at the regular time; and the five persons as commissioners and the mayor-elect receiving the highest number of votes at such election, shall be vested with the same authority as if they had been elected on the second Wednesday in December, and shall hold their office till the next second Wednesday in December ensuing. If any commissioner shall die or resign, or shall fail, refuse or neglect to discharge his duties, the commissioners and mayor, or a majority of them, shall have power to declare

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his place vacant, and they shall proceed to fill it as the by-laws or the ordinances of said town may prescribe. Mayor and commissioners, election of. Vacancies. Sec. XVII. That from and after the passage of this Act, section IV. of charter of town of Warrenton, Ga., be amended (same being embodied in Acts 1859, page 212), by striking from said section the proviso thereof, the same being lines 12, 13, 14 and 15, of said section IV., and inserting in lieu thereof the following: provided, no fine imposed by them shall exceed one hundred dollars, and no confinement in the common jail shall exceed thirty days at same time for same offense. Penalties. Sec. XVIII. That from and after the passage of this Act, the territorial limits of said town shall be, and are, hereby extended twelve hundred yards from the courthouse door in said town, thereby forming a complete circle, the courthouse in said town being the center of said circumference. Corporate limits. Sec. XIX. Be it further enacted by the authority aforesaid, That all Acts and parts of Acts in conflict with the foregoing Act be, and the same are, hereby repealed. Approved December 5, 1899. WASHINGTON, CHARTER AMENDED. No. 194. An Act to amend an Act providing a new charter for the town of Washington, Ga., approved December 8th, 1894, and all amendments thereto, so as to incorporate the town of Washington, Ga., as the city of Washington, Georgia. Section I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, the town of Washington, Georgia, be, and the same is, hereby incorporated as the city of Washington, Ga. Washington, city of. Sec. II. Be it further enacted, That the Act of the legislature of Georgia, approved December 8th, 1894, which Act provided a new charter for the town of Washington, Ga., and all amendments to said Act be, and they are, hereby amended, by striking out the word town, wherever it occurs in said Act and amendments thereto, and by substituting therefor the word city.

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Sec. III. Be it further enacted that all laws in conflict with this Act are hereby repealed. Approved November 25, 1899. WEST POINT, SALE OF LIQUOR. No. 238. An Act to repeal an Act approved December 24th, 1884, entitled an Act to submit to the qualified voters of Troup county, the question, whether or not spirituous, vinous or malt liquors shall be sold, bartered, or in any way disposed of for valuable consideration within the limits of said county, and for other purposes; the provisions of this Act to apply only to the town of West Point, in said county, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the above recited Act approved December 24th, 1884, submitting to the qualified voters of the county of Troup, whether or not spirituous, vinous or malt liquors shall be sold, bartered, or in any way disposed of for valuable consideration, within the limits of said county, and for other purposes, be, and the same is, hereby repealed in so much as the same applies to the town of West Point, in the county of Troup; provided, that this Act shall not go into effect until the same is ratified by a majority of the qualified voters of West Point, at a special election ordered by the mayor and council of West Point. Those in favor of said bill shall have printed or written on their tickets For ratification, and those opposed to said bill shall have written or printed on their tickets Against ratification. West Point, sale of liquor in town of. Sec. II. Be it enacted further, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 8, 1899.

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WRIGHTSVILLE, CITY OF, INCORPORATED. No. 232. An Act to repeal an Act incorporating the town of Wrightsville, in the county of Johnson, in said State, approved August the 25th, 1885, to reincorporate the said town of Wrightsville, as the city of Wrightsville; to prescribe its limits; to provide for a mayor and councilmen and other officers, and prescribe their powers and duties; to fully define the police powers of said city, and for other purposes. Section I. The General Assembly of the State of Georgia do enact, That from and after the passage of this Act, an Act approved August the 25th, 1885, incorporating the town of Wrightsville, in the county of Johnson, in said State and the several Acts amendatory thereof be, and the same are, hereby repealed so far as they conflict with the provisions of this Act. Wrightsville. Sec. II. Be it enacted by the authority aforesaid, That said town of Wrightsville is hereby incorporated under the name and style of the city of Wrightsville. The corporate limits shall extend three-fourths of a mile in every direction, from the center of the courthouse, in the county of Johnson, State of Georgia, as it is now situated. City of incorporated. Limits of. Sec. III. Be it enacted by the authority aforesaid, That the municipal government of said city shall vest in a mayor and five councilmen, who shall be styled The Mayor and Council of Wrightsville, and by that name are hereby made a body corporate; as such they shall have perpetual succession, shall have a common seal, and make contracts, may hold, possess, sell, convey and purchase, for the use of said city, real or personal estate of any kind, and may sue and be sued. Corporate authority. Sec. IV. Be it enacted by the authority aforesaid, That an election shall be held in said city, on the first Saturday in January, 1900, and on the first Saturday in January of each year thereafter, for a mayor and five councilmen, who shall hold their offices for one year, or until their successors are elected and qualified; said election shall be opened at eight o'clock a.m., and close at four o'clock p.m., to be held under the superintendence of a justice of the peace and two freeholders in said city, or by three freeholders in said city, under the forms and regulations prescribed by law for

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election of members of the General Assembly in so far as they are applicable to such election and do not conflict with the specific rules herein prescribed. Mayor and councilmen, election of. Sec. V. Be it enacted by the authority aforesaid, That said superintendents of elections shall duly declare the result of said election, and shall issue certificates of election to such persons as received the highest number of legal votes polled, who shall, as soon as practicable thereafter, qualify by taking an oath before some officer authorized to administer oaths in said State, to well and truly perform the duties of their respective offices as such mayor and councilmen, during their continuance therein, which oath, with the list of the voters and tally sheet and the certificate of election given by said superintendents, shall be entered of record on the minutes of said council, and the original filed in the office of clerk of council. Qualification. Sec. VI. Be it enacted by the authority aforesaid, That the qualification of voters at said election shall be such as are required for electors to the General Assembly, and in addition thereto, a bona fide residence within the corporate limits of said city for six months next preceding the election, and the payment of all legal taxes and fines required of them by said corporation, and no person shall be eligible to the election of performing the duties of the office of mayor or councilman, who is not a qualified voter in said city. Qualified voters. Sec. VII. Be it enacted by the authority aforesaid, That in case of a vacancy in the office of mayor or councilman, by death, resignation or otherwise, an election to fill said vacancy shall be ordered by said council, to take place at such time as may be specified in said order, after public notice of the same, by posting at the courthouse door in said city for the space of at least ten days before the date of said election. In case of vacancy in office of mayor or his disqualification or absence from the city, the same may be subplied by said board of councilmen, by electing from their body a mayor pro tem., who shall perform all the duties of said office until the election and qualification of his successor as above provided. Vacancies. Sec. VIII. Be it enacted by the authority aforesaid, That said mayor and council shall have authority to appoint a clerk, treasurer, policeman, and such other officers as they may deem necessary and proper; to regulate the time and mode by which they shall appoint said officers, fix their fees and salaries, to take their bonds, to prescribe their duties and oaths, and to remove them from office, or impose fines for neglect of duty, for sufficient cause at their discretion. Officers. Sec. IX. Be it enacted by the authority aforesaid, That said

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mayor and council shall have full power and authority to assess, levy and collect such taxes, not exceeding one per cent. on the assessed value, ad valorem, of all property of every species, both real and personal, within the limits of said city, except church, school and fraternal organization's property, at its market value on the first day of March in each year, and also to levy and collect such special tax on trades, business, occupations, theatrical exhibitions or other performances exercised or carried on within the corporate limits of said city, including circuses and shows of all kinds, itinerant traders, peddlers, auctioneers, and all other trades, games or occupations, subject to special tax, under the State law, as they may deem proper. They shall also have power to tax, license and regulate tenpin allies, billiard and pool tables, or to prohibit or remove the same for sufficient cause, as they may deem necessary; they shall have power to license, regulate or prohibit the sale of spirituous liquors and other intoxicating drinks within the limits of said city; provided, the tax for the sale of spirituous liquors or other intoxicating drinks in said city shall not be less than five thousand dollars, to be paid in advance before the issuance of such license. 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 city is hereby vested with authority to issue executions for such fines or taxes as may become collectable in favor of said city, and the policeman may proceed to collect the same by levy and sale, in case of levy upon personal property after ten days' advertisement at the courthouse door, in said city, and in case of levy on real estate by return to the sheriff of Johnson county, who shall advertise and sell in the same manner as is prescribed by State law for levies made on real estate and returned by constables. Taxes, advalorem and special. How collected. Sec. X. Be it enacted by the authority aforesaid, That the mayor and council shall have full power and authority to open, change or abolish streets in said city, as the public interest may require, and shall keep in good order the streets and sidewalks of said city, and may require and compel all persons residing in said city, who may be subject by law to road duty, to work on the streets and walks of said city not to exceed twenty days in each year, but may receive therefor a commutation fee from such persons not to exceed four dollars per year, nor less than two dollars per year, as

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in their judgment, the exigencies may require, and the mayor of said city shall have the same power and authority to punish defaulters as road commissioners of this State may 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. XI. Be it enacted by the authority aforesaid, That said mayor and council shall have full power and authority to enact and enforce all ordinances, by-laws, rules and regulations necessary to the good government of said city, and securing and promoting the health of the inhabitants thereof, not repugnant to the constitution and laws of this State. They may regulate or prohibit the running at large in said city 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 burying 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 promote and protect the peace and good order of said city. Municipal authority. Sec. XII. Be it enacted by the authority aforesaid, That the mayor shall hold a police court in said city at any time for the trial and punishment of all violators of the ordinances, by-laws, rules and regulations of said city, 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 one hundred dollars, or imprisonment in the guard house or labor on the public streets of said city, not to exceed ninety days, together with the cost of trial, which judgment may be made in the alternative in the discretion of the mayor. 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 and the enforcement of ordinances, by-laws, rules and regulations of said city, and he shall receive as a compensation for his services the sum of three dollars for each case tried by him, to be paid by the defendant in case of conviction, and in case of acquittal, or where the defendant is put upon the streets, or in the guard house, by the treasurer of said city, out of any funds not otherwise appropriated. There shall also be kept a record of all ordinances, by-laws and regulations, and a minute of the council proceedings and such other

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books and records as may be necessary, all of which shall be open to inspection by the public of said city, as other public records. Police court. Sec. XIII. Be it enacted by the authority aforesaid, That the present incumbents of the offices of mayor and council of the town of Wrightsville, are hereby appointed by the mayor and council of the city of Wrightsville, with all the rights and powers and duties hereby conferred, to hold and exercise the same until the election and qualification of their successors in office at the first regular election herein provided for. Mayor and council appointed. Sec. XIV. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 8, 1899. YATESVILLE, CHARTER AMENDED. No. 375. An Act to amend the charter of the town of Yatesville, in Upson county; to increase the number of councilmen of said town; to prescribe the powers and duties of the mayor and councilmen of said town, and the mode of their election and the duration of their terms of office; to confer additional powers on said corporation; to declare and define the police powers of said town, and provide for all matters of municipal concern and cognizance, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the charter of the town of Yatesville, in the county of Upson, said State, approved December 17th, 1896, be altered and amended as set forth in the following sections of this Act. Yatesville. Sec. II. Be it further enacted by the authority aforesaid, That the municipal government of the town of Yatesville shall be vested in a mayor and five councilmen, who shall be elected in the manner hereinafter set out, and who shall compose the town council of Yatesville. Mayor and councilm'n. Sec. III. Be it further enacted by the authority aforesaid, That an election shall be held at such place as may be selected

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by the town council of Yatesville, in the town of Yatesville, on the third Tuesday in January annually. On the third Tuesday in January, 1900, a mayor and five councilmen shall be elected; the mayor and two councilmen for two years, the two councilmen elected for two years to be so designated on the tickets voted, and three councilmen for one year, the three councilmen elected for one year to be so designated on the tickets voted. On the third Tuesday in January, 1901, and every two years thereafter three councilmen shall be elected to serve for two years, and until their successors are elected and qualified. On the third Tuesday in January, 1902, and every two years thereafter a mayor and two councilmen shall be elected to serve for two years, and until their successors are elected and qualified. The mayor and two councilmen elected for two years at said first election shall serve for two years from their installation, and until their successors are elected and qualified, and the three councilmen elected for one year at said first election shall serve for one year, and until their successors are elected and qualified. Elections. Sec. IV. Be it further enacted by the authority aforesaid, That all elections shall be managed by a justice of the peace or some other judicial officer and two freeholders, residents of said town, or by three freeholders, residents of said town, and before entering on their duties as managers of said elections they shall 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 other judicial officers, or freeholders (as the case may be), residing in the town of Yatesville; 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 laws of said town, nor will we knowingly prohibit any one from voting who is by law entitled to vote. Said oath to be signed by each manager in the capacity in which he acts. Said oath may be administered by any person in the county of Upson qualified to administer oaths, or if no such officer can be had, said managers may swear each other. Election managers. Sec. V. Be it further enacted by the authority aforesaid, That the polls at all elections held in and for said town shall be open from 8 o'clock A. M. till 5 o'clock P. M., when they shall be closed, and the managers of said election shall proceed to count the ballots of said election and certify the result of the same.

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They shall keep two lists of voters and two tally sheets, and shall make certificate of the result on each tally sheet, and shall return both of said lists of voters and both tally sheets to the clerk of the town council for delivery to and inspection by the town council, who shall meet within five days after said election is held and declare the result of the same. The ballots shall be placed by said managers in a separate box or envelope, which shall be sealed and deposited with said clerk of the town council, as a part of the returns, and said clerk of the town council shall, after the expiration of sixty days from the time of said election, destroy said ballots, without opening the sealed package containing them, or inspecting the ballots, or allowing the same to be done; provided, no notice of contest be filed or pending. Lists of voters. Sec. VI. Be it further enacted by the authority aforesaid, That all persons who shall have paid all taxes legally imposed and demanded by the town council of said town, except taxes for the year in which the election is held, who have been bona fide residents of said town for thirty days previous to the time when the election is held, who have registered as qualified voters of the town, as hereinafter provided for, and who are qualified to vote for members of the General Assembly of Georgia, except that registration in the registration book kept by the county tax collector or registrar shall not be considered a necessary qualification, shall be considered electors, and be entitled to vote in said town elections, and no others shall be qualified to vote. Qualified voters. Sec. VII. Be it further enacted by the authority aforesaid, That the clerk or treasurer, or such other person as may be selected and designated by the town council, shall open a list or book for the registration of voters, ample notice of which shall be given by posting notice of the same at three or more public places in said town five days before said list or book is opened. Said list or book for registration shall be opened and kept open at some public and convenient place in said town for at least ten days prior to any election, which book or list shall be finally and absolutely closed for registration three (3) days before the election, after which time no person shall be allowed to register. Each and every person applying to be registered shall make oath before the registrar in whose possession is the list or book of registration, who is hereby authorized to administer the same, which oath shall be written or printed on said list or

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book of registration, as follows: I do swear that I am twenty-one years of age, or will be by the time of the election now next to be held in the town of Yatesville. By the next municipal election now next to be held in the town of Yatesville I will have resided in the State of Georgia twelve months, in the county of Upson six months and in the town of Yatesville thirty days. 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. VIII. Be it further enacted by the authority aforesaid, That the registrar shall furnish the list or book of registration to the managers of the election, together with an alphabetical list of the names of the registered voters at the opening of the polls, and the managers shall be the judges of the qualification of all registered voters. List of voters. Sec. IX. Be it further enacted by the authority aforesaid, That if any person shall register on the list or book kept by the registrar as aforesaid who is not entitled to register under the laws of said town of Yatesville, or if any person votes in any election in said town who is not legally entitled to vote under the laws of said town, he shall be guilty of a misdemeanor, and shall be punished as prescribed in section 1039 of the Code of 1895 of this State upon conviction after indictment or presentment by the grand jury of the county of Upson. Illegal registry or vote. Sec. X. Be it further enacted by the authority aforesaid, That the mayor and councilmen of said town, elected on the third Tuesday in January, 1900, shall on the Monday following said election be installed in office by taking and subscribing the following oath, which may be administered by any officer authorized by law to administer oaths: I do solemnly swear that I will faithfully discharge the duties devolved upon me as mayor (or councilmen as the case may be) of the town of Yatesville, that I will faithfully execute and enforce the laws of said town to the best of my ability, skill and knowledge, and that I will do all in my power to promote the general welfare of the inhabitants of said town and the common interest thereof, so help me God. And on the Monday following said election each year the mayor and councilmen elect, or the councilmen elect, shall be installed in office by taking and subscribing said oath. Mayor and councilmen, oath of. Sec. XI. Be it further enacted by the authority aforesaid, That said town council shall, at the first meeting of the same

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after election and qualification, elect a clerk and treasurer, who may be one of the [Illegible Text] of the town council, and a marshal of said town and such other police officers as may be necessary, who shall hold their positions at the pleasure of the town council. Such officers shall be required to take an oath to faithfully perform the duties of their several offices and observe all lawful orders, rules and regulations of the town council of said town. They shall each give bond with good security to be approved by the town council in such sum as the council may fix, for the faithful performance of their duties. Officers. Sec. XII. Be it further enacted by the authority aforesaid, That the marshal, or such officer as the council mav designate, shall be the collecting officer of said town, and shall collect all licenses, fines, forfeitures, taxes and moneys coming to or due said town, and at once turn the same over to the clerk and treasurer of said town, taking his receipt therefor; he shall be ex-officio overseer of the street forces and superintend the working of the streets of said town, and shall perform such other duties as the council may direct in conformity to law; the said marshal may be discharged, removed or suspended for neglect of duty, incapacity to discharge the duties of said office, immoral conduct unbecoming an officer, or other good cause. Marshal. Sec. XIII. Be it further enacted by the authority aforesaid, That the mayor and council shall, by their first regular meeting in March of each and every year, appoint or elect a tax assessor, or assessors, should more than one be necessary, who shall each be freeholders owning real estate in the town of Yatesville, to assess the value of the taxable real estate of said town, and to receive the returns of personal property under oath, and perform such other service as may be by ordinance required in connection with said office. It shall be the duty of the tax assessor, or assessors, to place a just, fair and equitable valuation on the real estate within the corporate limits of said town, and when the owner of personal property fails to return the same for taxation, it shall be the duty of the assessor or assessors to place a just, fair and equitable valuation on same and double the said valuation and enter said double valuation upon the tax digest, with an entry thereon showing the same was doubled taxed. The tax assessor or assessors shall give notice by posting the same at three or more public places in the town of Yatesville of the time when they will begin receiving

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tax returns and of the time when the books for receiving the same will be closed. Said notices shall be posted atleast ten days before the books for receiving returns are opened. In no event shall the books for receiving same be kept open for less than thirty day. Tax assessors. Sec. XIV. Be it further enacted by the authority aforesaid, That should any property owner be dissatisfied with the assessment of his or her property, he or she shall have the right to appeal from said assessment to the town council; provided, such appeal is made thirty days from the time fixed for the return of the assessor or assessors of the tax digest to the town council, which return shall be made by the first of August each year. Assessments. Sec. XV. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority to pass all needful by-laws and ordinances respecting public buildings and grounds, work-houses, public houses, wagons, carriages, carts, drays, pumps, wells, fire engines, care of the poor, suppression of disorderly houses, houses of ill-fame, for the prevention and punishment of disorderly conduct and conduct likely to disturb the peace and tranquillity of any citizen or citizens of the town, and all other by-laws, regulations and ordinances that may seem to them proper for the security of the peace, health, order and good government of said town. Municipal powers. Sec. XVI. Be it further enacted by the authority aforesaid, That the punishment for a violation of any town law, ordinance or rule shall be a fine not exceeding one hundred dollars, imprisonment in the guard-house, or other building provided by the town authorities, or in the county jail of Upson county, by permission of the county authorities, not exceeding ninety days, work on the streets or other public works of the town under the supervision of the marshal of the town not exceeding ninety days, one or more or all of these, at the discretion of the trial court, and in addition thereto such costs of the proceedings as may be incurred. Penalties. Sec. XVII. Be further enacted by the authority aforesaid, That any person convicted before the mayor, mayor pro tem., or any member of the town council sitting as a mayor's court, for any violation of the laws or ordinances of the town, may enter an appeal from the judgment of said court to the town council of said town, a majority of whom shall constitute a quorum; provided, the appeal be entered instanter; and, provided,

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that all costs are first paid and bond given to abide the decision of the council; and any person convicted on such appeal by the town council may have the right of certiorari to the superior court of Upson county; provided, that all costs are first paid and bond given in double the amount of the fine imposed, which bond shall be approved by the mayor, or mayor pro tem., for the appearance of the defendant to answer the final judgment of the court; provided further, that nothing in this section shall prevent the appellant or applicant for certiorari from filing the proper pauper affidavit in lieu of the payment of costs or giving the bond as herein required. Appeals. Certiorari. Sec. XVIII. Be it further enacted by the authority aforesaid, That said town council shall have the power and authority to levy and collect taxes for general and special purposes upon all real and personal property within said town; 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 corporate limits of the town, and upon the inhabitants of said town who engage in or offer or attempt to engage in any trade, business, profession or occupation, not exempt by law, in said town, and upon such persons as live without the corporate limits of said town, but who engage in or attempt to engage in any trade, business, profession or occupation not exempt by law within the limits of said town, as said town council may deem expedient for the safety, benefit, convenience and advantage of said town. This tax shall be in the nature of a license, which must be paid in advance of engaging in such trade, business, profession or occupation, and the town council may provide by ordinance for the punishment of any and all persons required by ordinance to pay such occupation tax, or to take out license for same, who engage in such trade, business, profession or occupation without paying such tax, or before taking out such license, and complying fully with all the requirements of the town council made in reference thereto. Said taxes may be collected by execution as in case of other taxes. Taxes general and special. Sec. XIX. Be it further enacted by the authority aforesaid, That said town council shall have power to require a license to be paid by all theatrical performances, shows, circuses, menageries and exhibitions of any kind for gain, and by all itinerant traders and peddlers, all venders of patent or proprietary medicines, drugs, books, nostrums and devices of any kind; by all

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solicitors or canvassers selling goods, wares, merchandise, or other things by retail to customers; by all agents of fire, accident or life insurance companies doing business in said town; and to provide by ordinance for the punishment of any person or persons who may engage in or offer or attempt to engage in such business or calling without first having taken out the license required by law. Licenses. Sec. XX. Be it further enacted by the authority aforesaid, That said town council shall have the power and authority to remove, or cause to be removed, all buildings, porches, steps, fences or other obstructions in or near the public streets, lanes or alleys of said town; to declare what shall be a nuisance and to abate the same, and to provide for the punishment of persons who may create, continue or suffer nuisances to exist; to prevent the establishment of any unwholesome or offensive business or establishment within the limits of the corporation; to compel the owner or user of any cellar, stable, pigsty, privy, sewer or any unwholesome or nauseous house or place to cleanse, abate or remove the same, at the expense of such owner or user, and to punish as provided by this charter for a failure so to do. Police powers. Sec. XXI. Be it further enacted by the authority aforesaid, That said town council shall have the power and authority to punish for the unlawful sale of intoxicating or malt liquors or bitters, or commercial ciders, or domestic wines not of their own manufacture, or liquors of any kind which, if drunk to excess, will produce intoxication, as prescribed in section 16 of this charter. And to carry into effect this section the authorities of said town shall have the right and power to enter any place of business where it is suspected that any part or parts of this section is being violated, and to have any drink, beverage, bitters or medicine that is there being sold, or offered for sale, analyzed to ascertain whether or not said drink, beverage, bitters or medicine will intoxicate when drunk to excess. Sale of liquor. Sec. XXII. Be it further enacted by the authority aforesaid, That the town council of the town of Yatesville, shall have power and authority to punish as prescribed in section 16 of this charter, all vagrants and persons loitering about the streets of said town. Vagrants. Sec. XXIII. Be it further enacted by the authority aforesaid, That said town council shall have the power and authority to fix and regulate a fire limit in said town, to provide rules

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and regulations guarding against fire, to prescribe materials for building within the fixed and defined fire limits. Fire limits. Sec. XXIV. Be it further enacted by the authority aforesaid, That the clerk of the town council shall issue execution, which execution shall be countersigned by the mayor or mayor pro tem., for any and all taxes or fines or assessments or forfeitures or demands due the town of Yatesville or its corporate authorities, against any person owing the same, or any property subject thereto, directed to The marshal or deputy marshal of Yatesville, and to all and singular the sheriffs and constables of this State, commanding them that of any property belonging to the persons against whom said execution issues, or of certain property described in the execution, to make by levy and sale thereof the amount due on said execution and costs. Municipal claims, how collected. Sec. XXV. Be it further enacted by the authority aforesaid, That the town council shall have power and authority to provide by ordinances when the taxes of said town shall be due, and tax executions shall be issued against all persons who have not paid their taxes by the time fixed and defined by ordinance. Taxes when due. Sec. XXVI. Be it further enacted by the authority aforesaid, That the town council shall have the power and authority to regulate traffic and sales upon the streets and public places of the town; to regulate the speed of horses, or other animals, vehicles, bicycles or other means of locomotion, cars and locomotives within the limits of the town; to suppress gaming or gaming houses; to prohibit the sale or exhibition of obscene or immoral publications, pictures or illustrations; to provide for the inspection and condemnation of steam boilers; to regulate or prevent the storage of gunpowder, tar, pitch, rosin, coal oil, benzine, naphtha, turpentine, hemp, cotton, petroleum, nitroglycerine, dynamite and other combustible or explosive substance or material; also to regulate or prevent the use of fireworks or pyrotechnic displays of any kind. Police powers. Sec. XXVII. Be it further enacted by the authority aforesaid, That the town council of said town shall have the right and power to compel adjacent land owners or lessees to curb, pave or improve sidewalks at their own expense, under the direction of said town authorities, and upon failure of the land owners or lessees to do so, the authorities of said town may have such work done and collect the cost thereof from the adjacent

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land owners or lessees, by execution as other taxes are collected. Pavements. Sec. XXVIII. Be it further enacted by the authority aforesaid, That the present mayor and council of said town, to wit: W. B. Brown, Mayor, and J. M. McFarlin, R. R. Middlebrooks C. R. Marchman and R. C. Norris, councilmen, shall exercise all the powers and duties of mayor and council of the town of Yatesville under the original Act incorporating said town and under this Act amending the same until Monday after the third Tuesday in January, 1900, and until their successors are elected and qualified. Mayor and councilmen appointed. Sec. XXIX. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with any of the provisions of this Act be, and the same are, hereby, repealed. Approved December 20th, 1899.

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TITLE X. BANKING CORPORATIONS. ACTS. Capital City Bank, charter amended. Germania Loan and Banking Company, charter amended. Atlanta Loan and Banking Company, charter amended. CAPITAL CITY BANK, CHARTER AMENDED. No. 188. An Act to amend an Act entitled an Act to amend the charter of the Capital City Bank and to consolidate and reduce to one Act all of the Acts and amending Acts in regard to the Capital City Land and Improvement Company, the Capital City Land Improvement and Banking Company, and the Capital City Bank, and for other purpose, approved December 20th, 1893; and also to amend all Acts of which said Act is amendatory, so as to authorize said Capital City Bank to reduce its capital stock, and from time to time to change the amount thereof; and also to change name of the Capital City Land and Improvement Company, and the name of the Capital City Land Improvement and Banking Company to the name of Capital City Bank, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, That from and after the passage of this Act, section 5 of the above recited Act be, and the same is, hereby amended by adding at the close of said section the following language, to wit: Provided, said corporation, by its board of directors, and with the consent of a majority of its stockholders, may reduce the capital stock thereof

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to an amount not less than two hundred and fifty thousand ($250,000.00) dollars, and may in like manner from time to time fix the amount of said capital stock at any sum not less than two hundred and fifty thousand ($250,000.00) dollars, and not more than one million ($1,000,000.00) dollars; and all previous Acts of incorporation and amendments thereto are hereby amended so as to confer the authority herein expressed to said Capital City Bank by its directors, by and with the consent of a majority of its stockholders, to fix the capital stock of said corporation from time to time at any amount not exceeding said one million ($1,000,000.00) dollars, nor less than said two hundred and fifty thousand ($250,000.00) dollars, so that said section as amended shall be and read as follows: Section V. Be it further enacted, That the capital stock of said corporation shall be four hundred thousand ($400,000.00) dollars to be divided into four thousand shares of one hundred ($100.00) each, which may be increased, from time to time, by said corporation to any amount not exceeding one million ($1,000,000) dollars; that said corporation shall be responsible to its creditors to the extent of its capital and assets, and each stockholder shall be individually liable for all debts of said corporation to the extent of his or her unpaid shares of stock, and said stockholders shall be further and additionally individually liable, equally and ratably and not one for another, as sureties to depositors of said corporation for all moneys deposited therein in an amount equal to the face value of their respective shares of stock; it being the true intent and purpose of this section of this act, that, as to depositors, for all moneys deposited with said corporation, there shall be an individual liability upon such stockholders in such corporation over and beyond the par value of his or her original shares of stocks equal in amount to the face value of said shares of stock; provided, that said liability of the stockholders shall not prevent depositors from having equal rank with all other creditors upon the capital, property and assets of said bank; and provided, said corporation, by its board of directors, and with the consent of a majority of its stockholders, may reduce the capital stock thereof to an amount not less than two hundred and fifty thousand dollars ($250,000.00), and may in like manner from time to time, fix the amount of said capital stock at any sum not less than two hundred and fifty thousand dollars ($250,000.00) and not more than one million dollars ($1,000,000.00), and all previous Acts of incorporation and amendments thereto are hereby amended so as to confer the authority herein expressed to said Capital City Bank, by its directors, by and with

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the consent of a majority of its stockholders, to fix the capital stock of said corporation, from time to time, at any amount not exceeding one million dollars ($1,000,000.00) nor less than said two hundred and fifty thousand dollars ($250,000.00). Capital City Bank. Capital stock., SEC. II. Be it further enacted by the authority aforesaid, That the name of the Capital City Land and Improvement and the name of Capital City Land Improvement and Banking Company be, and each are, hereby changed to the name of Capital City Bank. Name. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 22, 1899. GERMANIA LOAN AND BANKING COMPANY, CHARTER AMENDED. No. 229. An Act to amend an Act entitled an Act to incorporate the Germania Loan and Banking Company of Atlanta, Ga., approved December 27th, 1886, and an Act amendatory thereto approved November 13th, 1889, to give the Germania Loan and Banking Company the power of a Savangs Bank and the right to do a Savings Bank business, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Germania Loan and Banking Company of Atlanta, Ga., shall have the right to do a savings bank business, and shall have all the rights and powers of a savings bank or a savings institution under the laws of the State of Georgia, by which said Germania Loan and Banking Company shall receive deposits on which interst shall be paid to the depositors, and which deposits shall not be subject to check. The rules, regulations and requirements under which the said Germania Loan and Banking Company shall do a savings bank business to be fixed by its board of directors. And if money is deposited by any minor such money may be withdrawn by the minor without the consent of the parents or guardian of such minor, and his or her receipt therefor shall be as binding upon such minor as though he or she were of full age. Germania Loan and Banking Company. Savings Bank business.

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Sec II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 8, 1899. ATLANTA LOAN AND BANKING COMPANY, CHARTER AMENDED. No. 230. An Act to alter and amend an Act entitled an Act to incorporate the Atlanta Loan and Banking Company, and for other purposes, approved October 13th, 1885, and Acts amendatory thereof, approved December 18th, 1886, and also October 22d, 1887, so as to authorize said corporation to change its name, to do a savings bank business, to reduce the amount of its capital stock, and for other purposes. Section I. That section one of the amendatory Act approved October 22d, 1887, is hereby amended by striking the names of the incorporators in the first and second line of said action, to wit: John R. Grambling, John J. Falvey, John C. Kirkpatrick, Albert J. Haltiwanger, Willard H. Nutting, Howard E. W. Palmer, and in lieu thereof inserting the names of C. C. McGehee, R. D. Spalding, Abner W. Calhoun, George Winship, J. C. Hallman, J. A. Anderson, F. W. Cole, G. S. Prior, and J. Carroll Payne; further by striking from the corporate name of said company the word banking, where it occurs in the sixth line of said section, so that the corporate name of said company will be Atlanta Savings Company, and said section is further amended by striking the words section 1679 of the Code (1882) in the ninth line of said section, and inserting in lieu thereof the words section 1852 of the Code (1895), so that said section first as amended shall read as follows: Atlanta Loan and Banking Company. Section I. The General Assembly of Georgia do enact, That C. C. McGhee, R. D. Spalding, Abner W. Calhoun, George Winship, J. C. Hallman, J. A. Anderson, F. W. Cole, G. S. Prior and J. Carroll Payne of said State, their assigns and successors, are hereby constituted and declared to be a body corporate for the term of fifty years, under the name of Atlanta Banking and Savings Company, to be located at Atlanta, with all rights and privileges belonging to such corporations under the law, and particularly those set forth in section 1852, of the Code (1895) of this State. Atlanta Banking and Savings Company.

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Sec. II. That section two of the original Act of incorporation be amended by striking out said entire section and in lieu thereof substituting the following, so that same shall read: Sec. II. The directors are hereby authorized to reduce the capital stock of said company from two hundred thousand dollars to one hundred thousand dollars, a majority of all the capital stock voting for same, to call in and cancel the stock now outstanding and issue in lieu thereof one thousand shares of one hundred dollars each, paying for the stock retired either in money at the face value of the stock cancelled or in interest-bearing certificates of deposit as they may deem best, the form of which and the conditions as to interest and payment to be determined by said board of directors. Capital stock. Sec. III. That section V. of the original Act of incorporation be amended by striking out the words a general banking business in lines one and two of said section, and in lieu thereof inserting the words a savings bank business; also by inserting after the words to receive deposits, in line two of said section the words, upon which interest shall be paid to depositors, at such rates and under such regulations, as may from time to time be determined upon by the board of directors, but said deposits so received shall in no event be subject to check; and if money is deposited by a minor, such money may be withdrawn by said minor without the consent of his or her parent or guardian, and the receipt of said minor shall be binding. That said board of directors shall have power to make all necessary by-laws and change same, to buy, sell discount and collect bonds, stocks, securities, commercial paper, to borrow money and give security for same, and generally to invest the money deposited besides the cash capital in any way they may deem best. Further amending said Act by striking from said section everything from the word proviso on the fifth line to the end of said section, so that said section five, as amended, shall read as follows: Sec. V. That said corporation shall have authority to do a savings bank business, to receive deposits, upon which interest shall be paid to depositors at such rates and under such regulations as may from time to time be determined upon by the board of directors, but said deposits so received shall in no event be subject to check; if money is deposited by a minor, such money may be withdrawn by said minor without the consent of his or her parent or guardian, and the receipt of said minor shall be binding. That said board of directors shall have power to buy, sell, discount and collect bonds,

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stocks, securities, commercial paper, and generally to invest the money deposited, besides the cash capital, in any way they may deem best. That said corporation shall have power to acquire and hold real and personal property and dispose of same, and to perform all acts usual in such cases. Savings Bank. Sec. IV. That the following section be added as a new section in the shape of an amendment to this charter so that it shall read as follows: Sec. IV. The particular business of said corporation, by virtue of its amended charter, is to do a savings bank and investment business, the accumulations arising from the business to be divided first among the depositors in the shape of interest on their deposits, the amount of which shall be exclusively within the discretion of the directors, and afterwards among the stockholders in the shape of dividends, retaining such portion of said profits as the directors may deem proper for the greater security of the depositors and stockholders. Business. Sec. V. That section five of the amendatory Act approved December 18th, 1886, be, and the same is, hereby amended by striking said entire paragraph and substituting therefor the following: That the directors shall have the power of declaring dividends, the amount of same and time of payment, so that said section shall read as follows: Dividends. Sec. V. That the directors shall have the power of declaring dividends, the amount of same and time of payment. Sec. VI. That section third of the amendment of said charter approved October 22d, 1887, is hereby amended so that the title of said Act as therein stated will be an Act to incorporate the Atlanta Savings Company, and for other purposes. Title. Sec. VII. That all laws and parts of laws in conflict herewith are hereby repealed. Approved December 8, 1899.

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Part II.Local Laws. TITLE I.CITY AND COUNTY COURTS. TITLE II.EDUCATION. TITLE III.MISCELLANEOUS.

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TITLE I. CITY AND COUNTY COURTS. ACTS. City Court of Barnesville established. City Court of Brunswick, accusation and trial. City Court Carrollton, judge and solicitor. City Court of Clarke County, salary of judge. City Court of Clarke County, trials in. City Court of Clarkesville, act amended. County Court of Dodge county abolished. Superior Court of Dougherty county, terms of. City Court of Eastman established. County Court of Effingham county. County Court of Effingham county. City Court of Greenville established. City Court of Gwinnett county abolished. City Court of Hall county. City Court of Jasper county. City Court of Jefferson county. County Court of Jones county. City Court of LaGrange. City Court of Lexington established. Milton Superior Court, terms of. County Court of Oconee county. City Court of Oglethorpe county abolished. Paulding Superior Court, terms of. Rome Circuit, Superior Courts of. City Court of Savannah, Clerk and Sheriff. County Court of Troup county abolished. City Court of Washington established. City Court of Waycross. City Court of Wrightsville established.

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CITY COURT OF BARNESVILLE ESTABLISHED. No. 262. An Act to establish the city court of Barnesville, in the city of Barnesville, Pike county; to define its jurisdiction and powers, to regulate proceedings therein, 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 city court of Barnesville be, and the same is, hereby established, to be organized, located, and held in the city of Barnesville, in Pike county, Georgia, with jurisdiction civil and criminal in and over said city of Barnesville and all that portion of said Pike county lying in the 533 district of said county. City court of. Barnesville. Sec. 2. Be it further enacted, That said city court of Barnesville shall have jurisdiction in and over the territory aforesaid to try and dispose of all civil cases of whatsoever nature where the principal amount claimed or involved exceeds fifty dollars, except those cases of which the constitution of this State has given the superior court exclusive jurisdiction. The jurisdiction herein conferred shall include not only the ordinary actions sounding in contract or in tort or otherwise, and begun by petition and process, but also all other kinds of suits and proceedings of which the superior courts now or hereafter take cognizance under the common law or by statute, including among others attachment and garnishment proceedings, illegalities, proceedings against intruders or against tenants holding over, partition of personalty, trover suits, actions for the recovery of personal property or for the conversion thereof, distress warrants and issues upon the same, counter affidavits to any proceedings from said court, foreclosure of all liens and mortgages, whether on real or personal property, statutory awards, claims to personal property, habeas corpus, possessory warrants, and dispossessory warrants, and proceedings upon the same, and in general all kinds of suits and proceedings, except those over which exclusive jurisdiction is vested in the superior court by the constitution of the State, as heretofore stated. Jurisdiction in civil cases. Sec. 3. Be it further enacted, That said city court shall have

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jurisdiction to try and dispose of all criminal cases for crimes and offenses committed in the territory aforesaid where the offense is below the grade of felony. In criminal cases. Sec. 4. Be it further enacted, That there shall be a judge and solicitor of said city court of Barnesville, who shall be appointed by the Governor of Georgia, by and with the advice and consent of the Senate thereof, who shall each hold their respective offices for the term of four years, and until their successors are appointed and qualified respectively; and all vacancies in the offices of judge and solicitor shall be filled by appointment by the Governor for the residue of the unexpired term; such appointment being subject to confirmation by the Senate if then in session, and if the Senate be not in session at that time, then subject to the approval of the Senate at its next session thereafter. Such judge shall preside in and over said city court, and shall be clothed with and shall exercise all the powers possessed by the judges of the superior and city courts of this State, as well as those conferred by the provisions of this Act. He shall receive as his compensation the fees prescribed by this Act, and in addition thereto the mayor and council of the city of Barnesville may supplement his compensation by paying him not over $100.00 per year, payable monthly, which they are hereby authorized to so do, should they in their discretion see proper. Such judge may practice law in any court except his own. Judge and solicitor. Sec. 5. Be it further enacted, That such judge shall be an attorney at law of good standing, and of at least four years' practice in the State of Georgia, at least twenty-seven years of age, and he must at the time of his appointment be a resident of the territory over which the court shall have jurisdiction. He shall, before entering upon the discharge of his duties, take and subscribe the following oath: I solemnly swear that I will administer justice without respect to persons, and do equal justice 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 Barnesville, of this State, according to the best of my ability and understanding, agreeably to the laws and constitution of this State and the constitution of the United States, so help me God. Which oath shall at once be filed in the Executive Department of the State. Judge, qualifications. Oath. Sec. 6. Be it further enacted, That there shall be a solicitor of said city court, as above stated, whose duty it shall be to represent

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the State in all cases therein and all cases in the supreme court, carried from said city court, to which the State is a party, and generally to perform in said court the duties usually performed by the solicitors general of the several judicial circuits of the State so far as they are applicable. In case such solicitor cannot at any time attend to the duties of his office, the judge of this court shall appoint some competent attorney to act as solicitor pro tem. The office of solicitor of said city court shall be filled as hereinbefore provided. Solicitor, duty of. Sec. 7. Such solicitor must be at least twenty-five years of age, of at least three years' practice as an attorney at law in this State, and a resident at the time of his appointment of the territory over which this court has jurisdiction; and before entering upon the discharge of his duties, he shall take and subscribe the following oath, to wit: I do solemnly swear that I will support and maintain the constitution of the United States, and the constitution and laws of the State of Georgia, and that I will faithfully and impartially and without fear, favor or affection discharge my duties as solicitor of the city court of Barnesville, so help me God; which oath shall be filed in said court and recorded in its minutes. Qualifications. Oath. Sec. 8. For his services in said court the fees of the solicitor shall be as follows: For every case finally disposed of in said court, founded upon accusation, ten dollars ($10.00); for every indistinct or special presentment finally disposed of in said court, five dollars ($5.00); for every case for a violation of the gambling laws of the State, twenty-five dollars ($25.00), and for all services for which this section does not provide, he shall receive the same fees as are allowed by law to solicitors-general for similar services in the superior court. The foregoing fees are to be paid out of the fund arising from fines and forfeitures in said court, and the hire of convicts sentenced therein, as hereinafter provided. For representing the State in cases carried to the supreme court from said court, he shall receive for each fifteen dollars ($15.00), to be paid out of the treasury of the State, by warrant drawn by the Governor, in the same manner as the solicitor-general of the superior court is paid for like services rendered in the supreme court. Fees. Sec. 9. The judge of said court shall be ex officio clerk thereof, but he may, by order on the minutes, appoint a clerk, who shall hold office at the pleasure of said judge, and who shall be paid out of the judge's compensation on terms agreed on by them; and such

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clerk shall before entering upon the duties of his office take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered upon the minutes of said court; and he shall also at the same time give bond and security in the sum of $500.00, approved by the judge of this court, for the faithful discharge of the duties of his office as is done by the clerk of the superior courts of this State. Whenever the word clerk is used in this Act, it shall apply to and mean the ex officio clerk, also where the judge has not appointed any clerk. Judge ex officio clerk. Sec. 10. The clerk of said court shall issue subp[oelig]nas, issue and attach processes to petitions, issue executions on judgments and foreclosures of mortgages and other liens, the same bearing test in the name of said judge, and returnable as if issued by him, and the clerk may also administer oaths, attest affidavits, and shall record the writs and proceedings of the court and keep the records thereof, and perform all other duties, and have all the other powers required and conferred by law on the clerks of the superior courts of this State, so far as applicable. His compensation to be as above stated, and if no clerk is appointed, the judge, as ex officio clerk, shall perform all said duties and have all said powers. Clerk, his duties and powers. Sec. 11. Be it further enacted, That the judge of said court shall appoint, by an order entered in the minutes of said court, some good and suitable person as sheriff thereof, who shall hold office for the term of two years, unless sooner removed by said judge for reasons satisfactory to himself, and such sheriff, before entering upon the duties of his office, must take and subscribe an oath that he will faithfully perform the duties thereof, and at the same time must give bond and security in the sum of one thousand dollars, approved by the judge of this court, conditioned for the faithful discharge of the duties of his office, as is due by the sheriffs of the various counties of this State. Sheriff, appointment. Oath and bond. Sec. 12. Said sheriff shall attend upon said court and serve its writs, processes, and the orders and other legal papers of said court and the judge thereof, and shall serve summons of garnishments returnable to said court, and execute and levy attachments returnable thereto, and levy executions issued therefrom, summon juries, and shall make arrests and execute warrants, civil and criminal, and generally perform all the other duties imposed by law upon the sheriffs of the various counties of this State, so far as the same may be applicable to this court, and for these purposes the sheriff of the said city court is hereby

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authorized and empowered to serve papers, execute writs, processes, etc., levy fi. fas., attachments, etc., make arrests and execute warrants, and perform any of the acts and duties above required of him, not only in the territory over which said city court has jurisdiction, but in and over the entire territory of the said county of Pike, in and over which he shall have power and authority, and be entitled to full recognition as an officer as aforesaid, when performing the duties and functions above mentioned Sheriff, his duties. Sec. 13. The compensation of said sheriff shall be made up entirely of fees, which they are hereby authorized to charge and collect and to have taxed as costs, and have judgment and execution to issue instanter therefor, the same being as follows, to wit: Sheriff, fees of. For serving copy of a process and returning original, per copy, 1.00 For summoning each witness .30 For attending court, for each judgment rendered by the court, whether with or without a jury .50 For each levy on fi. fa., or attachment or distress warrant 1.00 For search and return of nulla bona .50 For serving each summons of garnishment or rule against garnishee .50 For summoning jury to try case of nuisance 2.50 For settling each execution in his hands, settled without sale, 1.00 For taking each bond in civil cases. .50 For taking each bond in criminal cases 1.00 For executing process against tenant holding over or intruder upon land to dispossess him 1.75 For taking and returning counter affidavit when process to dispossess tenant or intruder is resisted 1.00 For keeping a horse or mule per day .25 For serving, executing and returning a search or other warrant in criminal cases 2.00 For executing a search warrant 1.00 Commissions on sales same as county sheriff's, and for each and every other service required of him by law and the duties of his office the sheriff shall receive the same fees as are by law to the sheriffs of the various counties of the State for similar services in the superior court, and for services rendered when no compensation is provided by law they shall receive such compensation as the judge of the city court shall in his sound discretion allow, except, that such sheriff shall not directly receive any per diem fee for

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attendance on courts and elections or fee for service in summoning jurors. Sec. 14. The judge of said court, for the services of his clerk or of himself as ex officio clerk if no clerk is appointed, shall be entitled to the same fee for such services, whether in civil or criminal cases or other matters as are allowed by law for similar services to clerks of the superior courts of the State, and shall have the same right to collect the same, and to have the same taxed as costs, and to have judgment and execution to issue therefor instanter; but such fees and costs shall all go to, and belong to the judge of said court as part of his compensation as such judge and not to the clerk; the clerk being paid by the judge out of his compensation on terms to be agreed on between them, as hereinbefore stated. Judge ex officio clerk, fees of. Sec. 15. Be it further enacted that the sheriff of said court, by and with the consent of the judge, may, as occasion may demand, appoint one or more deputies, for whose acts the sheriff and his bondsmen shall be liable, and who shall have all the rights and powers and authority of the sheriff and whose compensation shall be paid by the sheriff out of his fees; and likewise the judge may, as occasion may require, appoint during his pleasure, by order entered on the minutes of court, a special bailiff of said court who shall take the same oath administered to constables of the State, and who shall have the same authority to serve writs and processes, summons, orders, civil and criminal warrants, attachments and garnishments and other legal papers of said court and of the judge thereof, over the territory of said court and entire county of Pike, as constables have in their several districts, and shall have for said territory all the rights of a constable and be liable to perform all the duties of a constable. The compensation of said constable may be such as the judge may fix, to be paid out of the fines and forfeitures of said court as he may direct. Sheriff's deputies. Bailiff. Sec. 16. Be it further enacted, That all the officers, general, and special, of said court shall be amenable to the same processes and penalties as are the officers of the superior courts of the State, and they shall be entitled to the same rights and authority and also to the same remedies to enforce the collection of their fees and costs in said city court as the officers of the superior courts, and the judge of said city court is empowered to exercise the same authority over the clerk and sheriff and their deputies and the other officers of said court as is exercised by the judge of the superior courts over the clerks and other officers of said courts and the sheriffs of the various counties of the State. Rights and liabilities of officers.

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Sec. 17. Be it further enacted That said city court shall be a court of record and shall have a seal; and the minutes, records, dockets, and other books that are required by law to be kept for the superior court, shall be kept in and for said city court in the same manner, and the clerks of said court shall record all the writs, processes, pleadings, orders, judgments and proceedings of said court, and shall be entitled to collect the same therefor as the clerks of the superior courts, the same however to go and belong to the judge of said court as part of his compensation as aforesaid. Court of record. Sec. 18. Be it further enacted, That the terms of said city court shall be held every two months for the trial and disposition of civil and criminal business, either or both, in such order as the judge may direct; said terms to be held on the second Mondays in January, March, May, July, September, and November of each year. The sessions of said court shall be held in a court-room in the said city of Barnesville to be provided by the mayor and council thereof which they are hereby authorized so to do. The judge shall draw juries for the different terms of court whenever they may, in his discretion, be required by the exigencies of the business of the court, civil or criminal, and he may in his discretion hold adjourned and special terms of court whenever the business so demands, for which he may likewise require the attendance of juries, should he see fit. He may hold his court at other times than the regular terms, for the transaction of criminal business which does not demand a jury, and it shall be his duty to try and dispose of this class of business as speedily as possible, consistent with the interest of the State and the accused and for this purpose said court shall always be open and without regard to terms. The judge shall have power to hold said court in session from day to day and adjourn from time to time, as may be required by the business of the court. Terms. Juries. Special terms. Sec. 19. Be it further enacted, That suits in said city court shall in all respects be conformable to the mode of proceedings in the superior court, except as herein provided, but the process of writs shall be annexed by the clerk or ex officio clerk of said city court, be tested in the name of the judge thereof, and be directed to and served by the sheriff of the city court of Barnesville or his deputies. Practice. Sec. 20. Be it further enacted, That the judge of said city court shall have power and authority to hear and determine all civil causes of which the said court has jurisdiction and to give judgment and execution therein; provided always, that either party

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in any case shall be entitled to a trial by jury in said court by entering a demand therefor by himself or his attorney, in writing, on or before the call of the appearance docket at the term of said court to which the case is returnable, in all cases where such party is entitled to trial by jury, under the constitution and laws of this State. Jurisdiction of judge. Trial by jury. Sec. 21. Be it further enacted, That all judgments obtained in said court shall be a lien on all the property belonging to the defendant or defendants throughout the State in the same manner as judgments of the superior courts are, but property exempt from levy and sale under process from said court and all executions issuing from said court shall be tested in the name of the judge and signed by the clerk or ex officio clerk and directed to the sheriff or his deputies of said city court of Barnesville and to all and singular the sheriffs and their deputies of the State of Georgia. Judgments and executions. Sec. 22. Be it further enacted, That the said city court shall have jurisdiction of claim cases where personal property is levied on under execution or other process from said court and such claims shall be tried in the same manner as claims in the superior court. Claim cases. Sec. 23. Be it further enacted, That claims on real property levied under execution or other process from said city court, shall be returnable to the superior court of the county where such real property is situated and shall there proceed as other claims in the superior court. Claims to realty. Sec. 24. Be it further enacted, That all laws upon the subjects of attachments and garnishments as to any matter whatever in the superior courts of this State, shall apply to said city court as if named with superior court, so far as the nature of the city court will admit. Attachments in said court or returnable to said court shall be directed to the sheriff, his deputies of the city court of Barnesville and to all and singular the sheriffs and constables of this State, and the judge of said city court may, or any justice of the peace or notary public may issue attachments returnable to said city court under the same laws that govern the issuance of attachments returnable to the superior courts. Attachments and garnishments. Sec. 25. That garnishment proceedings in said court shall be conformable to the laws of the State on that subject in the superior courts; provided, the garnishee shall reside in the county of Pike or not elsewhere in the State, but where the garnishee shall reside in any other county, then he shall be summoned and served, and shall make his return, and all other proceeding shall be had in the manner

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pointed out in the general law of the State for non-resident garnishees, with this proviso however: that the summons must be returnable to the supericr court of the county of the residence of such garnishee and further proceedings be had in said superior court. Garnishments against non residents. Sec. 26. Be it further enacted, That scire facias to make parties in any case in said city court shall be had as in the superior court, but such scire facias shall run throughout the State and may be served by any sheriff or his deputy thereof. Scire facias to make parties. Sec. 27. Be it further enacted by the authority aforesaid, That the judge of the city court of Barnesville 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 to make affidavits, anywhere in this State, and the judge, solicitor, clerk, and sheriff and his deputy shall have power to administer all oaths and do all other official acts pertaining to their office respectively, as such 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 do all acts which the judge of the superior courts of this State are authorized and required to do, unless otherwise provided in this Act. And the said judge of the city court of Barnesville shall have all power and authority, throughout his jurisdiction, of judges of the superior courts, except where by law the exclusive power and authority is vested in the judges of the superior courts, and all laws relating to and governing judges of the superior courts shall apply to the judges of the said city court so far as the same may be applicable, except as herein provided. And for performing any of the acts and duties above enumerated said judge shall be entitled to charge and collect and have judgment and execution for the same fees as are allowed by law to justices of the peace or other officers of the State performing similar acts or duties. Judge, authority of. Fees of. Sec. 28. Be it further enacted, That the general laws of this State with regard to the commencement of suits in the superior courts defenses, set-offs, affidavits and illegality, arbitration, making parties, examination of parties to suits or witnesses by interogatories, or under subp[oelig]na witnesses and their attendants, continuances, or other matters of a judicial nature within the jurisdiction of said city court shall be applicable to said city court. Practice.

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Sec. 29. Be it further enacted, That all judgments and proceedings of said city court shall have the same dignity and binding effect as judgments and proceedings of the superior courts of this State, and that all laws regulating the enforcement of judgments of the superior courts, whether civil or criminal, shall apply to said city court and shall be enforced by execution issued and signed by the clerk or ex officio clerk of said city court and bear test in the name of the judge thereof, and shall be directed to the sheriff of said city court and his deputies and to all and singular the sheriffs and their deputies of this State, and may be levied and sales made thereunder according to the laws governing sales under executions from the superior court, except that sales of personal property levied on by the sheriff of said city court under an attachment, execution, or other process, issuing from said city court, shall be advertised once a week for four weeks, as provided by law, in some newspaper of general circulation published in the city of Barnesville and shall be made before the door of the building in which the city court shall be held under the usual rules of sheriff's sales; but in case the sheriff of said city court shall levy on real estate he shall deliver over the execution to the sheriff of the county with a return for the property levied on, who shall proceed to advertise and sell the same as in case of levies made by himself. And special sales of perishable property, or property liable to deteriorate or expensive to keep, may be made by the sheriff of said city court under order of the judge thereof, which he is hereby authorized to make upon proper showing, under the usual rules and regulations governing said sales as provided in the Code of the State, except that the sales shall occur before the door of the building in which the city court is held, as above provided. All executions, attachments, scire facias, or other processes or writs from said court shall run throughout the State and may be served or executed by any sheriff or his deputy in the manner as like writs or processes from the superior court. Judgments, lien of. Sec. 30. Be it further enacted, That the judge of the city court shall have power to enforce his orders, to punish for contempt, to enforce his judgments under the same rules and laws as judges of the superior courts. Contempt. Sec. 31. Be it further enacted, That all persons residing within the territorial jurisdiction of said city court and liable to serve as grand or petit jurors in the superior court of said county, shall be liable to serve as petit jurors in said city court, and it shall be the duty of the clerk of said city court to copy into a book the list of all names of said persons, to be taken from the

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list of said superior court under the supervision of the judge of said city court, and to make a new list as often as said superior court jury lists are revised to conform to said revision, which said book containing the list of persons so liable to serve as jurors in said city court, as above directed, shall be alphabetically arranged and shall be kept in the office of the clerk of said city court. The said clerk shall also make out tickets equal in number to the number of names in said list, and write upon each the name of one of the said persons and deposit the same in a box to be provided and numbered one, until there shall be a ticket in said box bearing the name of each person on said lists. Jury list and box. Sec. 32. Be it further enacted, That whenever the judge shall find it necessary to summon a jury for any term of said court, he shall during the preceding term, in open court, draw from said box number one sixteen names of persons to serve as jurors at the next term of said city court, and shall cause the clerk to record said names so drawn, and then place them in another box to be provided as above stated and numbered two. The boxes shall be so constructed as to be kept under one seal and lock, shall be kept sealed and shall not be opened by any person except the judge of said city court, for the purpose of drawing juries in open court, except in cases where from failure to draw a jury at term time, or from any other cause, it may be necessary to draw a jury in vacation; and when jury-box number one is exhausted, the tickets and names in box number two shall be placed in box number one, and the same process shall be gone over again and again, etc., etc. Should it become necessary to draw a jury in vacation, the judge of said city court may at any time, fifteen days before the next term of said city court, proceed to draw juries in the same manuer as above prescribed, in the presence of the clerk and sheriff of the said city court. The clerk shall keep said jury boxes, and the sheriff of said court shall keep the key. Juries, how drawn. Sec. 33. The clerk shall make out a precept containing the names of the persons drawn as above directed, and a summons for each juror and deliver the same to the sheriff of the said court fifteen days before the next term of said city court, who shall serve each of said persons by handing him a summons personally or leaving the same at his most notorious place of abode at least ten days before the term of said city court at which he is required to attend. Jurors, how summoned. Sec. 34. Be it further enacted, That sixteen jurors shall be drawn, summoned, sworn, and impaneled, and if by reason of

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non-attendance or disqualification of any of said regular panel the same is not full, the judge of said court shall direct the same to be filled by tales jurors in the same manner as is done in the superior court; and jurors thus impaneled and sworn in shall each receive as compensation the sum of one dollar for every day of actual attendance. In civil cases each side shall strike two from the panel of sixteen, and in criminal shall strike three and the State one from said panel. But should both sides waive a jury of twelve, they may each in civil cases have four strikes, and in criminal cases the State may have three strikes and the defendant five, thus reducing the jury to eight should both sides so desire. In all other respects the laws regulating the qualifications, relations, exemptions, impaneling, challenging and fining of jurors that may now or hereafter be of force in the superior courts of said county, shall apply to and be observed in said city court, except when inconsistent with the provisions of this Act. Jury panel. Sec. 35. Be it further enacted, That the defendants in criminal cases of said city court of Barnesville may be tried on written accusation setting forth plainly the offense charged, founded on affidavit made by the prosecutor, and said accusation shall be signed by the prosecutor and the prosecuting officer of said court. And the defendant in any criminal case shall not be entitled to indictment or presentment by the grand jury, but may be tried on written accusation as aforesaid. Upon such affidavit and accusation being made and signed and filed in the office of the clerk of said court, it shall be the duty of the judge thereof to issue a warrant for the apprehension and arrest of the accused, directed to the sheriff of the city court of Barnesville and his deputies and to all and singular the sheriffs and constables of said state. Accusation. Sec. 36. Be it further enacted by the authority aforesaid, That when any criminal case 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 jury, and the response of defendant shall be entered upon said indictment and signed by the prosecuting officer of the court. If the defendant demands a trial by jury and the court is not sitting at a regular term, the judge shall admit the defendant to bail to appear at the next regular term, or on the defendant's failure to give bond shall commit him to jail 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 case without a jury; provided, always, that a reasonable time may be granted the State or defendant

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to procure witnesses. If at any time in the trial of any criminal case it develops that the offense being tried is a felony, the judge shall suspend the trial and bind the defendant over to the superior court, and in such event the defendant shall have no right to plead former jeopardy. Trial. Sec. 37. Be it further enacted, That it shall be the duty of the judge of the superior court to send down to said city court, for trial, from the superior court of Pike county all presentments and bills of indictment for misdemeanors committed within the territorial limits of said city court, the order so transmitting such cases to be entered on the minutes of both said courts and similarly with the judge of the county court of Pike, as to all accusations or indictments or presentments now or hereafter pending in said county court. Misdemeanors in superior and county courts. Sec. 38. Be it further enacted, That it shall be the duty of all the justices of the peace and notaries public of Pike county to bind over to said city court all persons charged with the offenses committed within the territorial limits of said city court, over which said city court has jurisdiction, to answer for said offenses. Appearance bonds. Sec. 39. Be it further enacted, That whenever the judge of said city court is from any cause disqualified from presiding, and the judge of the superior court cannot, from any cause, preside in said court as provided for in the constitution, then, upon consent of the parties, or upon their failure or refusal to agree, said cause shall be tried by a judge pro hac vice selected in the same manner as now provided for in the superior court; and in case of absence of the judge of said city court at any time thereof, the sheriff or clerk of said court may adjourn it to such time as the judge may in writing direct, or if no direction be given, the court shall be adjourned to the next regular term. Judge pro hac vice. Sec. 40. Be it further enacted, That all petitions shall be filed in the clerk's office of said city court at least twenty days before the term of the court to which they are returnable, and if filed within twenty days they shall be made returnable to the next term thereafter. The service of process shall be at least fifteen days before the return term. All suits shall stand for trial at the second term, as in the superior court, the first term being the appearance or return term. All laws and rules that are now or may hereafter be of force in the superior courts of the State in regard to appearance and pleading, calling the appearance docket, defaults and opening of defaults, service, motions, waivers, acknowledgements,

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Pleadings, trials, examination of witnesses, conduct of cases, instructions to juries, rules of evidence, answers, demurrers, amendments, pleas, procedure and practice, legal remedies, the production of books, papers, etc., and other evidence, shall obtain in said city court, except as otherwise provided in this act. Return day. Practice. Sec. 41. Where said city court shall have jurisdiction of suits against one or more obligors, joint promissors, joint trespassers, joint tort-feasors or copartners, or against the maker or makers of a promissory note or other like instrument, and the other joint obligors, joint promissors, joint trespassers, joint tort-feasors or copartners, or other endorsers of promissory notes, shall reside outside of the territorial limits of said city court, and within the county of Pike, or any other county or counties in this State, suit may be brought in the said city court of Barnesville, by the same action, against all the said joint obligors, joint promissors, joint trespassers, joint tort-feasors or copartners, and against the makers and indorser or indorsers of promissory notes; and, in such cases where the other defendant or defendants reside in the said county of Pike, outside the territorial limits of said city court, the sheriff of said court may make service upon him or them in the usual way just as if he lived within said limits and where the other defendant or defendants reside in another county or counties of the State, then a second original or originals and copies thereof shall be made and forwarded to the sheriff of such other county or counties respectively to be served and returned with proper entries, c, as is done in like cases in the superior courts of this state. Suits against joint defendants. Sec. 42. In every civil and criminal case in said city court where a jury is demanded or required, a jury fee of three dollars shall be taxed as costs and when paid, a separate account thereof shall be kept, out of which the juries of said court shall be paid, and such fees shall participate in the fines, forfeitures, etc., of said court. And if there is a deficit in the jury fees or in the incidental expenses, the mayor and council of Barnesville are authorized in their discretion to supply the same from the city taxes. Jury fees and expenses. Sec. 43. The judge and sheriff of said city court are hereby authorized to use the jail of the city of Barnesville, or the common jail of the county of Pike, either or both as they see proper, for the purposes of said court, either for the detention of the accused before trial or for imprisonment after trial and conviction, and if the county jail is thus brought into use the expenses shall be paid out of the county funds as in cases of convictions from the county or superior court. Jail.

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Sec. 44. Be it further enacted, That the judge of said city court shall have power and authority to hire 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 the next section of this Act. And in the event said judge cannot hire out said convicts advantageously, he is hereby authorized to turn them over to the city of Barnesville, to be worked by it on its chaingang on the streets, roads, and public works thereof, or should said city of Barnesville not desire to use them, said judge is hereby authorized to turn them over to the proper authorities of the county of Pike, to be by them treated and used as are the other misdemeanor convicts from the county and superior courts, and the authorities of said county are hereby directed and required to receive such convicts when thus tendered them. Convicts, disposition of Sec. 45. 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, judge, and sheriff of the city court and the justices of the peace and notaries public and ex officio justices of the peace and constables on their bills for insolvent costs; fines, forfeitures, and convict hire, arising from cases transferred from the superior court to the city court, shall be prorated between the solicitor, judge, 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 cost in transferred cases, the judge of the city court in each instance participating on the basis of the fees and costs usually going to the clerk for his services in such matters, as the judge under this Act as part of his compensation is to receive all the clerk's fees in said court, and is to employ a clerk, if he desires, out of his own pocket. If at any time there shall be a surplus of the insolvent funds arising from cases originating in the city court after paying all insolvent costs on cases originating in city court, the same shall be applied to insolvent costs in transfered cases, and if at any time there shall be a surplus of insolvent funds arising in transferred cases after paying all insolvent costs in transferred cases, the same shall be applied to insolvent costs in

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cases originating in the city court. If at the end of any year there shall be any surplus after paying the insolvent costs, the same shall go to assist paying juries fees and incidentals of said court; the clerk of said court shall keep two lists, one of the criminal cases transferred from the superior court, and the other of criminal cases originating in said city court, which lists shall show the names of the defendants, the disposition of the cases, the amount of cost to which each officer is entitled, the amount of fine and the amount of same paid to each officer, and at the same time or times above stated, he shall make a report to the judge, and if the lists are found correct the judge shall approve said lists, if incorrect he shall correct and approve them. When said lists have been approved they shall be recorded on the minutes of said court. The judge shall, before paying bills for insolvent cost, approve the same and order them placed on the minutes of said court; and they shall be a lien on the insolvent funds superior to all other liens; and the clerk of said court shall also keep a book in which he shall open an account with each officer entitled to share in said insolvent funds, giving him credit for all bills of insolvent costs approved by the judge as aforesaid and debiting him with all payments. All orders distributing such money shall be entered on the minutes of said court, and until distributed the funds are considered in the hands of the court, and the judge shall be the proper custodian thereof and shall disburse the same by order as aforesaid. Fines, forfeitures and convict hire, how distributed. Sec. 46. Be it further enacted, That the judge of said city court of Barnesville shall have power to grant a new trial in any case, civil or criminal, in his court upon the same terms and conditions and under the same laws and regulations in every respect, governing the granting of new trials in the superior court. All rules of pleading, practice and procedure governing motions, rules nisi, and other proceedings in new trials in the superior court shall apply to and govern the same in said city court. Upon the new trial of the case either party in a civil cause, or the defendant in a criminal case shall have the right to demand a jury trial without regard to whether or not the preceding trial or trials was with or without a jury. New trials. Sec. 47. Be it further enacted, That a writ of error shall lie direct from the said city court of Barnesville to the Supreme Court of this State upon a bill of exceptions filed under the same rules and regulations as govern and control the issuing of writs of error and filing of bills of exception in the superior courts of this State. Writs of error to superior court. Sec. 48. Be it further enacted, That any civil cases pending at

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any time in the superior court of said county, over which said city court would have had jurisdiction had it been brought in said city court, may, by consent of all parties or their counsel, be transferred at any time to the said city court for trial or disposition therein in the same manner as if had in the first instance been brought in said city court. And in like manner any civil case pendng in said city court may, by consent of parties and their counsel, be transferred to the superior court of said county for trial and disposition, as if originally brought in said city court. Cases transferr'd to and from superior court. Sec. 49. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1899. CITY COURT OF BRUNSWICK. No. 296. An Act to amend an Act entitled an Act to establish the city court of Brunswick, in and for the county of Glynn; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define their powers and duties, and for other purposes, approved December 9, 1895, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section (XXX.) thirty of said recited Act be amended by striking therefrom the words, before the arraignment of the defendant the said judge shall inquire of him whether he demands an indictment, and the response of the defendant shall be endorsed on said accusation and signed by the prosecuting officer in said court. If the defendant demands indictment, the judge of said court shall, in the event of the inability of the defendant to furnish proper bail, which shall be required for his appearance to answer such indictment as may be found against him, conformably to the general law of bail in criminal cases, commit said defendant to the common jail of said county to await the action of the grand jury in such case. In the event a true bill is found or special presentment made in such case, and returned to said city court of Brunswick, all subsequent proceedings shall be in conformity with the laws regulating

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the trial of misdemeanors in the superior courts. If the defendant waives indictment, and by inserting in lieu thereof the following: In all criminal cases within the jurisdiction of the said city court, the defendant shall not have the right to demand an indictment by the grand jury of the county of Glynn; so that when so amended said section shall read as follows: That the defendants in criminal cases in said city court of Brunswick may be tried on written accusations setting forth plainly the offense charged, founded on affidavit made by the prosecutor; said affidavit shall be made before said judge, and said accusation shall be signed by the prosecutor and the prosecuting officer in said court. Upon such affidavit and accusation being made and signed and filed in the clerk's office of said court, it shall be the duty of the judge of said court to issue a warrant for the apprehension and arrest of the defendant, directed to the sheriff of said city court of Brunswick or his deputy, and to all and singular the sheriffs and constables of said State. In all criminal cases within the jurisdiction of the said city court, the defendant shall not have the right to demand an indictment by the grand jury of the county of Glynn. The judge of said court shall inquire of him whether he demands a trial by jury, and the response of the defendant shall be endorsed on said accusation and signed by the prosecuting officer in said court. If the defendant demands a trial by jury, the judge of said court shall proceed with said cause, if at a regular term of said court, according to the rules and laws of the superior courts, applicable to the trial of misdemeanors. If the defendant demands a trial by jury and the said court is not sitting at a regular term, the judge shall admit the defendant to bail to appear at the next regular term, or, on the defendant's failure to give bond, shall commit him to jail until the next regular term of said court. If the defendant waives trial by jury then the said judge shall proceed to hear and determine such criminal cases conformably to the law governing the superior courts as the same may be applicable; provided, always, that a reasonable time may be granted to the State or the defendant to procure witnesses. City court of Brunswick, act establishing amended. Accusation. Trial by jury. Sec. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 19, 1899.

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CITY COURT OF CARROLLTON. No. 216. An Act to amend an Act entitled an Act to establish a city court in the city of Carrollton, in the county of Carroll, to define its jurisdiction, to provide officers therefor, and to prescribe their duties and powers, and for other purposes, pertaining thereto, that was approved December 21st, 1897, so as to provide when the terms of office of the first judge and the first solicitor for said city court shall expire, and also to provide when and how said Act shall go into effect. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, section IV. of the above recited Act be, and the same is, hereby amended by striking out 1900, in the 13th line of said section as published in the Georgia Laws of 1897, and inserting in lieu thereof 1904, so that the part of said section proposed to be amended, instead of reading as it now does, The term of office of said judge shall be for four years, but the judge elected at the special election herein provided for shall hold his office until the October election for members of the General Assembly in 1900, at which time his successor shall be elected, and every four years thereafter, shall read as follows: The term of office of said judge shall be for four years, but the judge elected at the special election herein provided for shall hold his office until the October election for members of the General Assembly in 1904, at which time his successor shall be elected, and every four years thereafter. City court of Carrollton. Judge, term of. Sec. II. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, That from and after the passage of this Act, section 6 of the above recited Act be, and the same is, hereby amended by striking out 1900 in the 7th line of said section, as published in the Georgia Laws of 1897, and inserting in lieu thereof 1904, so that the part of said section proposed to be amended, instead of reading as it now does, His term of office shall be four years, but the first solicitor elected at the special election herein provided for shall hold office until the regular election for members of the General Assembly in October, 1900, at which time his successor shall be elected, and so every four

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years thereafter, shall read as follows: His term of office shall be four years, but the first solicitor elected at the special election herein provided for shall hold office until the regular election for members of the General Assembly in October, 1904, at which time his successor shall be elected, and so every four years thereafter. Solicitor term of. Sec. III. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, That from and after the passage of this Act, section 36 of the above recited Act be, and the same is, hereby amended, by inserting the word cast between the words county and at, in the third line of said section 36, as published in the Georgia Laws of 1897, so that said section 36, when amended, will read as follows: Sec. 36. Be it further enacted by the authority aforesaid, That the provisions of this bill shall not go into effect until it has been ratified by a majority of the qualified voters of said county cast at an election held for that purpose, to be called by the ordinary of Carroll county, Georgia, notice of which shall be given in two newspapers published in said county, said election to be held as other county elections, the returns to be made to the ordinary, who shall consolidate the vote and declare the result. Election. Sec. IV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the foregoing be, and the same are, hereby repealed. Approved November 29, 1899. CITY COURT IN THE COUNTY OF CLARKE. No. 209. An Act to amend an Act to amend an Act entitled an Act to establish a city court in the county of Clarke, and to provide for the appointment of a judge and solicitor thereof, approved September 9, 1879, and the various Acts amendatory thereof; so as to change the provisions in regard to the salary of the judge of said court, as provided in section 1 of Act approved December 18, 1894, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, section 1 of an Act to amend

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an Act entitled an Act to establish a city court in the county of Clarke, and to provide for the appointment of a judge and solicitor thereof, approved September 9, 1879, and to amend the various Acts amendatory thereof, so as to provide for special jury sessions of said court to try criminal cases; to change the terms and times of holding the terms of said court for the trial of civil cases; to provide for the trial of civil cases without a jury at special sessions of said court; to provide for increasing the salary of the judge of said court; to provide for and regulate the costs and payment of the same to the solicitor and other officers of said court; to provide that the first term, after filing petition in said court, shall be the trial term of all civil cases, and for other purposes amendatory of said Act, approved December 18, 1894, be, and the same is, hereby amended by striking out from said section 1 of said Act, approved December 18, 1894, all after the word provided in the fifth line of said first section, and inserting in lieu thereof, Said salary shall be fixed and determined upon, through the recommendation of the grand jury of Clarke county at the term of the superior court, of said county, next succeeding the appointment or election of said judge, and when so fixed and determined upon the same shall not be changed during the term of office to which said judge has been appointed or elected, so that said 1st section, when so amended, shall read as follows: Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the salary of the judge of said court, shall be fifteen hundred dollars per annum, payable as now provided by law, as a minimum salary of said judge; provided, said salary shall be fixed and determined upon through the recommendation of the grand jury of Clarke county, at the term of the superior court of said county next succeeding the appointment or election of said judge, and when so fixed and determined upon the same shall not be changed during the term of office. to which said judge has been appointed or elected. City court in the county of Clarke. Salary of judge. Sec. II. Be it enacted, etc., That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 29, 1899.

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CITY COURT IN THE COUNTY OF CLARKE. No. 240. An Act to amend an Act to amend an Act entitled An Act to establish a city court in the county of Clarke and to provide for the appointment of a judge and solicitor thereof, approved September 9th, 1879, and the various Acts aimendatory thereof, etc., approved December 16th, 1895, so as to change the provisions as to demand for jury trial, in both civil and criminal cases, in said court, as provided in section II. of said Act, approved December 16th, 1895, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, section II. of an Act to amend an Act entitled an Act to establish a city court in the county of Clarke, and to provide for the appointment of a judge and solicitor thereof, approved September 9th, 1879, and the various Acts amendatory thereof so as to change the quarterly terms and times of holding the quarterly terms of said court; regulate the practice, civil and criminal, in said court; to regulate jury trials in said court, both in regular quarterly sessions and special sessions and vacation, and otherwise amendatory of said Acts, as to jurisdiction of said court, powers of the judge, practice, pleading and jury trial, approved December 16th, 1895, be, and the same is, hereby amended, by striking out in the second line of said section, after the word court and before the word be, the word shall, and inserting in lieu thereof the word may. Also, by striking out after the word court, in the eighth line of said second section, and before the words for trial, in ninth line of said section, the words on or before the first day of the term of said court, at which said case or cause stands ready for call, and inserting in lieu thereof the words at the time said case or cause is called, so that said second section, when so amended, shall read as follows: Be it enacted, etc., That all cases civil and criminal in said court may be tried by the court without a jury, and jury trial in said court shall be held waived, unless a trial by jury be demanded by either party in a civil case, or by the defendant in a criminal case, and any and all demands for jury trial in said court, both in civil and criminal

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cases, must be in writing, signed by the party or his counsel, and be filed and entered of record on the minutes of said court, at the time said case or cause is called for trial by law, whether regular quarterly term or special session of court, and the clerk shall note on the judge's docket, all such demands for jury trial, when filed and entered on minutes of said court. City court in the county of Clarke. Trials. Sec. II. Be it further enacted, etc., That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 8, 1899. CITY COURT OF CLARKESVILLE. No. 282. An Act to amend an Act to establish a city court of Clarkesville, approved December 20, 1898. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, that the Act establishing a city court of Clarkesville, approved December 20, 1898, be amended as follows: the fees of the solicitor of said city court shall be the same as now allowed the solicitor-generals of this State for like services. City court of Clarkesville. Fees of solicitor. Sec. II. Be it further enacted, That whenever there shall be confined in the county jail of Habersham county committed for trial in the county court of Clarkesville, two or more defendants who demand a trial by jury, that the judge of said city court shall have the authority to impanel a jury and try said defendants under the same rules and regulations as he impanels juries and tries criminal cases at the regular terms of said city court; provided, that the regular term is as much as thirty days off. Criminal cases, how tried. Sec. III. Be it further enacted, That whenever a bench warrant has been issued by the judge of said city court and arrests are made by virtue of such warrants, and the city court is not in session, it shall be the duty of the arresting officer to immediately carry said defendant before the nearest justice of the peace of said county for trial, and said justice shall try said case under the same law and rules as trials are had under warrants issued by justices of the peace, and the same cost shall be allowed the arresting officer and justice of the peace in the trial of said cases, and for arrest and for transporting

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defendants, bound over to jail to await trial, to the jail of said county, shall be the same as allowed now to such officer in cases originating upon warrants issued by justices of the peace. Trials before justices of the peace. Sec. IV. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved December 19, 1899. COUNTY COURT OF DODGE. No. 215. An Act to repeal an Act entitled An Act to create a county court in each county of the State of Georgia, except certain counties therein mentioned, approved January 19th, 1872, and all Acts amendatory thereof so far as the same applies to the county of Dodge. Section I. Be it enacted by the General Assembly of Georgia, That the above recited Act and all Acts amendatory thereof as now embodied in the Code of 1895, from sections 4170 to 4217 inclusive, be, and the same are hereby repealed, so far as they apply to the county of Dodge, and the county court of said county of Dodge is hereby abolished; provided, however, that this Act shall not go into effect until the passage of an Act to create a city court of Eastman, in the county of Dodge. County court [Illegible Text] Dodge abolished. Sec. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 29, 1899.

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DOUGHERTY COUNTY, SUPERIOR COURT OF. No. 330. An Act to change the time of holding the terms of Dougherty superior court, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the time of holding Dougherty superior court shall be changed from Tuesday after the first Mondays in April and October, to the first Mondays in April and October. Dougherty superior court, terms of. Sec. II. Be it further enacted, That all writs, processes, orders, and summons, and other proceedings returnable to said court, shall be held and considered as returnable to the terms as herein fixed and prescribed. Returns. Sec. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899. CITY COURT OF EASTMAN. No. 207. An Act to establish the city court of Eastman, in the city of Eastman, in and for the county of Dodge, to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define the powers and duties of a judge and other officers thereof; and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the city court of Eastman, in the city of Eastman, in the county of Dodge, is hereby established and organized, to be held in the city of Eastman, with jurisdiction civil and criminal over the entire county of Dodge. City court of Eastman established. Sec. II. Be it further enacted by the authority aforesaid, That said city court of Eastman shall have jurisdiction to try and dispose

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of all cases, of whatever nature, except those cases over which exclusive jurisdiction is vested in other courts by the Constitution of the State of Georgia. Jurisdiction. Sec. III. Be it further enacted by the authority aforesaid, That said city court of Eastman shall have jurisdiction to try and dispose of all criminal cases for all offenses committed in the county of Dodge, where the offender is not subjected to loss of life or confinement in the penitentiary. All cases arising in said court or committed thereto by the justice courts shall be tried upon accusation. Sec. IV. Be it further enacted by the authority aforesaid, That there shall be a judge of the said city court of Eastman, who shall be appointed by the Governor, by and with the advice and consent of the Senate, whose term of office shall be for four years; and all vacancies in the 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 the said city court of Eastman shall receive a salary of six hundred 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 Dodge. Judge, appointment of. Salary. Sec. V. 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 such appointment, be at least twenty-six years of age; he must also have been a resident of Dodge county for at least two years immediately preceding his appointment, and must also have been a practicing attorney for 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 rights to the poor and rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as judge of the city court of Eastman, according to the best of my ability and understanding, according to the laws and Constitution of this State and of the United States, so

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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 Eastman. Qualifications. Oath. May practice law. Sec. VI. Be it further enacted by the authority aforesaid, That there shall be a solicitor of the said city court of Eastman, to be appointed by the Governor with the approval of the Senate, whose term of office shall be for four years; and all vacancies in said office shall be filled by appointment in like manner. The fees of such solicitor shall be the same as is now provided for solicitors-general of the superior courts of this State. Said solicitor, before entering upon the duties of his office, shall give bond, with good security, in the sum of five hundred ($500.00) 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 Eastman, so help me God. Said bond shall be payable to the Governor, shall be approved by the judge of the 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 shall fail or be disqual ified to act in any case, the court shall appoint a solicitor pro tem. Solicitor, appointment of. Fees of. Bond. Oath. Solicitor pro tem. Sec. VII. Be it further enacted by the authority aforesaid, That the clerk of the superior court of Dodge county shall be ex officio clerk of said city court, and shall perform in said city court, the same duties that are, by law, required of him as an officer of the superior court, so far as the same are applicable; and for his services he shall receive the same compensation he is entitled to receive for similar services in the superior courts. The clerk shall execute a bond in the sum of two thousand dollars conditioned for the faithful discharge of the duties of his office to be approved by the judge of said court and recorded on the minutes thereof. Clerk. Duties. Fees. Bond. Sec. VIII. Be it further enacted by the authority aforesaid, That the sheriff of Dodge county shall, by virtue of his office, be sheriff of the city court of Eastman, and in his official connection with said court, shall be known as the sheriff of the city court of Eastman. Before entering on the discharge of the duties of his office, he shall execute a bond, with good security, in the sum of three thousand dollars ($3,000), for the faithful discharge of the duties of his office. He shall have power, with the consent of the judge of said court,

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to appoint a deputy, who shall, before entering upon the discharge of the duties of his office, give a bond in the sum of one thousand dollars ($1,000.00), 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 Dodge county. Said bonds shall be approved by the judge of said court and recorded on the minutes thereof. Sheriff. Bond. Deputy. Fees. Sec. IX. Be it further enacted by the authority aforesaid, That the judge of the city court of Eastman is empowered to exercise the same authority over the clerk and sheriff and deputy sheriff of said court as may be exercised by the judge of the superior court over the clerk and sheriff and deputy sheriffs in the counties of Georgia. Judge, his authority over officers. Sec. X. Be it further enacted by the authority aforesaid, That the judge of the city court of Eastman 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 court 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 Eastman shall have all the power and authority throughout his jurisdiction, of judges of the superior courts of this State, except where, by law, exclusive power and authority are vested in the judges of the superior court; 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. Sec. XI. Be it further enacted by the authority aforesaid, That the regular terms of the said city court of Eastman shall be held quarterly, beginning on the second Monday in January, April, July and October 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 one week from the beginning of each term; provided, said judge shall have the power to adjourn said court from day to

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day to the following week, if necessary to complete the trial of cases begun. Terms. Sec. XII. Be it further enacted by the authority aforesaid, That suits of said city court shall in all respects be conformable to the modes of proceeding in superior court, except as hereinafter provided, but the process to writs shall be annexed by the clerk of said city court, attested in the name of the judge thereof, and be directed to and served by the sheriff of the city court of Eastman, or his deputy therein, 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 Eastman, and all and singular the sheriffs or their deputies, of the State of Georgia. Process. Executions. Sec. XIII. Be it further enacted by the authority aforesaid, That in all matters pertaining to service and pleading and practice, the laws governing in the superior court, where not inconsistent with this Act, and unless otherwise specially provided for in this Act, shall be applicable to said city court. Practice. Sec. XIV. 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 cases in which said court has jurisdiction, and to give judgment therein; provided, that either party in any civil cause pending in said court, upon entering a demand therefor, shall have a trial by jury by himself or his attorney, in writing, before the call of the docket, in all cases in which such parties may be entitled to a trial by jury, under the Constitution and laws of this State. Trials. Sec. XV. Be it further enacted by the authority aforesaid, That said court shall have jurisdiction of all claim cases where personal property is levied on under process from said court, which claim 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. XVI. 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,

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and all attachments returnable to the city court of Eastman 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. Attachments and garnishments. Sec. XVII. Be it further enacted by the authority aforesaid, That the garnishment proceedings in the said city court shall be conformable to the laws in the State on the subject, in the superior court. Garnishment cases. Sec. XVIII. 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 court. Parties, how made. Sec. XIX. 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, arbitrations, examination of witnesses by interrogatories or under subp[oelig]na, witnesses and their attendance, continuances, motions for new trials, and all matters pertaining to pleading and practice, and all matters of a judicial nature within the jurisdiction of the said city court, shall be applicable to said city court, unless otherwise herein provided. Practice. Sec. XX. Be it further enacted by the authority aforesaid, That the said city court of Eastman shall be a court of record, and shall have a seal, and the minutes, dockets, records, 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 of the superior court shall apply to them in the said city court, except where they conflict with the provisions of this Act; and the clerk of said court shall keep a record, upon which he shall file and record all declarations in suit, filed in said court, together with any pleas filed therein during or immediately after adjournment of court at the appearance term of such cases, the fee for recording same to be taxed in cost bill. Court of record. Sec. XXI. Be it further enacted by the authority aforesaid, That all laws regulating the enforcement of the 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. XXII. Be it further enacted by the authority aforesaid,

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That the judge of the city court of Eastman shall have the power to enforce his orders, 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. XXIII. Be it further enacted by the authority aforesaid, That the traverse jurors in the city court of Eastman 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 name of each person upon the grand jury list of the superior court and of each person upon the traverse jury list of the superior court, and shall place said names of all persons on the said superior court list, in the city court jury box, from which shall be drawn the traverse jurors to serve in the city court. All laws with reference to the drawing and summoning and the empaneling traverse jurors in the superior court shall apply to the city court of Eastman; provided, that the number of jurors so drawn shall be eighteen instead of thirty-six, as provided for in the superior courts; 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 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. The sheriff shall be entitled to a fee of two dollars for summoning the jurors for each term. Jurors, how procured. Fees of. Sheriff's fees Sec. XXIV. Be it further enacted by the authority aforesaid, That all laws with reference to the disqualification, empaneling, challenging and fining jurors, now enforced or hereafter to be enacted, regulating the same in the superior courts, shall apply to and be observed in said city court, except when inconsistent with the provisions of this Act. In all cases where issues are to be tried by jury, the parties shall be entitled to eighteen jurors from which to strike. In all civil cases each party shall be entitled to three peremptory challenges, and in criminal cases the defendant shall be entitled to four peremptory challenges, and the State two; and all laws and rules governing the selection of jurors in the superior courts shall apply to the city court of Eastman, unless inconsistent with this Act. Jurors, how selected. Sec. XXV. Be it further enacted by the authority aforesaid, That all civil cases pending in said city court in which a jury is demanded by either party as provided in section 14 of this Act,

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and in all criminal cases in which the defendant shall demand a jury, as provided in section 27 of this Act, a jury trial shall be had in the term time under the provisions of this Act by a jury of twelve men. All civil cases in which no jury is demanded by either party shall be tried by the court in the 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 opened for trial of such criminal cases at all times. Trials. Sec. XXVI. Be it further enacted by the authority aforesaid, That defendants in criminal cases in said city court of Eastman may be tried on written accusation, setting forth plainly the offense charged, which accusation shall be signed by the prosecutor and by the prosecuting officer of said city court. Accusation. Sec. XXVII. Be it further enacted by the authority aforesaid, That when any criminal case in the city court, founded either upon indictment or presentment by 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 demand 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 answer at the next regular term, or on the defendant's failure to give bond, shall commit him to jail, to await his trial at the 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. Criminal cases, trial of. Sec. XXVIII. Be it further enacted by the authority aforesaid, That the judges of the superior court of Dodge county shall transfer any or all presentments or bills of indictment for misdemeanor to said city court for trial, the order so transmitting the same to be entered on the minutes of both courts. Misdemeanors, transferred. Sec. XXIX. Be it further enacted by the authority aforesaid, That the judge of said court shall have the same power to appoint bailiffs at any term of the court that the judges of the superior courts have. Bailiffs. Sec. XXX. Be it further enacted by the authority aforesaid, That writs of errors directed from said city court of Eastman to the

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Supreme Court of this State shall be upon bills of exception filed under the same rules and regulations as govern and control the filing of bills of exception and the issue of writs of error in the superior courts of this State. Writs of error to supreme court. Sec. XXXI. Be it further enacted by the authority aforesaid, That all criminal cases now pending and undisposed of in the superior court of Dodge county, in which said city court of Eastman has jurisdiction, shall be, and the same are, hereby transferred to said city court of Eastman, and the same shall be tried and disposed of as other cases in the city court of Eastman. All final and other writs or processes heretofore issued returnable to the superior court of Dodge county shall be returned to the city court of Eastman in such transferred cases. The judge and other officers of the city court of Eastman shall have power to issue and enforce in the name of the city court of Eastman, any and all processes in any case transferred from the superior court of Dodge county necessary to the final disposition of the same, which from any case has not been issued and enforced by the officers of the superior court of Dodge county. Cases transferred from superior court. Sec. XXXII. Be it further enacted by the authority aforesaid, That the judge of the said city court of Eastman 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 superior courts. All rules of pleading, practice, and procedure governing motions for new trials in the superior courts, and the hearing and determination thereof in vacation or term time shall apply to and govern the same in said city court. New trials. Sec. XXXIII. Be it further enacted by the authority aforesaid, That the first term of said court to which a case is brought shall be the appearance term, and the next term thereafter shall be the judgment or trial term, and all the laws, rules and practices in the superior courts with reference to the terms thereof shall apply in the city court of Eastman, unless in conflict with this Act, or otherwise provided herein; provided, that in cases in which no plea is filed on the first day of the first term, judgment may be rendered by the court any succeeding day of said term. Appearance and trial terms. Sec. XXXIV. Be it further enacted by the authority aforesaid, That wherever the judge of said city court is for 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

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said court, as provided in the Constitution of this State, then, upon consent of 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 court. Judge pro hac vice. Sec. XXXV. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power and authority to hire out 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 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 XXXVI. of this Act. Convicts, hire of. Sec. XXXVI. Be it further enacted by the authority aforesaid, 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 originating in city court. The judge of said city court shall, before paying insolvent bills, approve the same and order them entered on the minutes of said city court, and such bills for insolvent costs shall be a lien on said insolvent funds superior to all other liens. Fines, forfeitures and convict hire, how distribut'd. Sec. XXXVII. Be it further enacted by the authority aforesaid, That the ordinary of Dodge 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

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that said city court shall be held in the courthouse of Dodge county in the city of Eastman. Records, how provided. Courthouse. Sec. XXXVIII. Be it further enacted by the authority aforesaid, That in misdemeanor cases transferred from the superior court to the city court of Eastman, the costs of the solicitor-general of the circuit shall be five dollars, to be collected and paid as other costs in the said city court. Solicitor-general, fees of. Sec. XXXIX. Be it further enacted by the authority aforesaid, That the several justices of the peace of said county in admitting defendants to bail in misdemeanor cases, and all other parties or officers taking bond for the appearance of any defendant who stands charged with a misdemeanor shall make same returnable to said city court of Eastman, either at term tiem or at such time as may be set or agreed upon in vacation for the trial of said case, whether said case originates by accusation in said city court of Eastman, or by indictment or presentment by the grand jury of said county. Criminal cases, return of. Sec. XL. Be it further enacted by the authority aforesaid, That upon the failure on the part of any defendant to appear and answer to any charge he may stand accused of in said city court at the time named in said bond, said bond shall be forfeited, at term time by the officers of said city court, under the same rules and regulations as bonds are now forfeited in the superior courts of this State, and the fees of the officers of the said city court of Eastman, in cases of forfeited bonds, shall be the same as are now allowed by law to the officers of the superior courts of this State for like services. Forfeiture of bonds. Sec. XLI. Be it further enacted by the authority aforesaid, That no person charged with an offense falling within the jurisdiction of said city court of Eastman shall have the right to demand indictment by the grand jury before trial. No indictment. Sec. XLII. Be it enacted by the authority aforesaid, That all suits of every character, now pending in the county court of Dodge county be, and the same are, hereby transferred to the city court of Eastman, and all suits, together with processes, writs, summons, etc., returnable to said county court shall be returned to said city court, and all criminal cases pending are made returnable to said county court shall be tried in said city court. Suits in county court, transferred. Sec. XLIII. Be it enacted by the authority aforesaid, That this Act shall go into effect immediately upon its passage and approval by the governor, and the first term thereof shall be the second Monday in January, 1900. First term. Sec. XLIV. Be it enacted by the authority aforesaid, That there

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shall be a stenographer of said city court of Eastman, appointed by the judge thereof, and all civil cases in said court shall be reported at the request of either the plaintiff or defendant, and the fees for reporting such cases to be the same as allowed for similar services in the superior courts, to be paid by the plaintiff and defendant equally, and in final disposition of case to be taxed against losing party as other costs. And said stenographer shall have the right to enforce his fees as stenographers in superior courts. Stenographer, fees of. Sec. XLV. Be it enacted by the authority aforesaid, That all laws in conflict with this Act be, and they are, hereby repealed. Approved November 28, 1899. COUNTY COURT OF EFFINGHAM COUNTY. No. 256. An Act to amend section 3 of the Act providing for the appointment of a clerk of the county court of Effingham county, for paying the fees of said clerk, and for other purposes. Section I. 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 that section three of an Act entitled an Act to provide for the appointment of a clerk of the county court of Effingham county and fixing the fees of said clerk, approved December 13th, 1895, be, and the same is, hereby amended by striking out of the second line of said section the word same and by inserting between the word services and the word the in said second line the word half, so that said section when amended shall read as follows: That said clerk shall receive as his compensation for his services half the fees as are allowed by law to the clerk of the superior court for similar services. County court of Effingham county. Fees of clerk. Sec. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 14, 1899.

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COUNTY COURT OF EFFINGHAM COUNTY. No. 255. An Act placing the solicitor of the county court of Effingham county upon a salary, to fix the amount, and prescribe the manner of paying said salary, and for other purposes. Section I. 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 the solicitor of the county court of Effingham county shall receive as full compensation for his services as such solicitor a salary of two hundred and fifty dollars per annum, to be paid to him by the county treasurer of said county from the general county fund in quarterly installments of sixty two dollars and fifty cents, upon a warrant to be drawn by the commissioners of roads and revenues of said county. County court of Effingham county. Solicitor. Salary. Sec. II. Be it further enacted, That it shall be the duty of the commissioners of roads and revenues of said county to draw their warrant on the county treasurer in favor of said solicitor of the county court (quarterly) for the sum stated in the first section of this Act. How paid. Sec. III. Be it further enacted, That all moneys coming into the county court of said county, either from the payment of fines, or from the hire of convicts, after paying the legitimate cost due the clerk of said court and justices of the peace and constables, who may render services in each particular case, shall be immediately paid over to the county treasurer of said county. Fines and convict hire. Sec. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 14, 1899.

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CITY COURT OF GREENVILLE ESTABLISHED. No. 247. An Act to establish the city court of Greenville, in and for the county of Meriwether, to define its jurisdiction and powers, to provide for the election of a judge, solicitor, and the appointment of 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 to the supreme court, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the city court of Greenville, to be located in the city of Greenville, in the county of Meriwether, is hereby established and created with civil and criminal jurisdiction over the whole county of Meriwether, concurrent with the superior court to try and dispose of all civil cases of whatever nature wherein the amount claimed or involved, inclusive of interest, is as much as fifty dollars, except those of which the constitution of this State has given the superior court exclusive jurisdiction, and with criminal jurisdiction to try and dispose of all offenses below the grade of felony committed in the county of Meriwether; that the jurisdiction herein conferred shall include not only the ordinary suits by petition and process, but also all other kinds of suits and proceedings which now or hereafter may be in use in the superior courts either under the common law or statute, including, among others, attachment and garnishment proceedings, illegalities, counter affidavits to any proceeding from said court, statutory awards, proceedings against intruders and tenants holding over, partitions of personalty, issues upon distress warrants, foreclosure of all liens and mortgages and quo warrantos. City court of Greenville established. Jurisdiction of. Sec. II. Be it further enacted by the authority aforesaid, That there shall be a judge of said city court, who shall be elected by the qualified voters of said county of Meriwether, who shall hold his office for the term of four years, and if there should be a vacancy in the office of judge, the Governor shall, by appointment, fill the same until the next regular election, when the judge shall be elected to fill the unexpired term, which election shall be held under the same rules as govern other elections; provided, that if said vacancy occurs

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within thirty days of the next general election, then the appointment of the Governor shall continue for the remainder of the unexpired term. The judge of said city court shall receive a salary of seven hundred and fifty ($750.00) dollars per annum, which shall neither be diminished nor increased during his continuance, except to apply to a subsequent term in office, and which shall be paid monthly by the treasurer of the county of Meriwether, and it shall be the duty of the commissioners of roads and revenues of said county, or other proper officers, to make provision annually in levying taxes for this purpose. The judge shall receive no other compensation, but may practice law in any court except his own. The first election for said judge shall be held on the 2d Monday in January, 1900. Judge election of. Vacancy. Salary. Sec. III. Be it further enacted by the authority aforesaid, That no one shall be eligible to the office of said judgeship unless he be, at the time of his qualification, at least twenty-seven years of age, a resident of Meriwether county for four years immediately preceding the appointment, and must have practiced law four years. He shall, before entering upon the duties of his office, take and subscribe the following oath: I solemnly swear that I will administer justice without respect to persons and do equal right to the poor and rich, and that I will faithfully and impartially perform and discharge all duties which may be required of me as judge of the city court of Greenville, of this State, according to the best of my ability and understanding, agreeably to the laws and constitution of this State, and the constitution of the United States, so help me God, which oath shall be filed in the executive department. Qualifications. Oath. Sec. IV. Be it further enacted by the authority aforesaid, That there shall be a solicitor of said city court, who shall be elected at the same time and in the same manner as the judge of said city court, whose term of office shall be for four years, and whose duties it shall be to prosecute for all offenses cognizable before said city court. All vacancies in said office shall be filled in the same manner as prescribed in this Act for filling vacancies in the office of judge. The said solicitor shall receive the same fees for each written accusation as are allowed a solicitor-general for each indictment in the superior court, and his fees for all other services rendered shall be the same as are allowed a solicitor-general of the superior court. In the absence or disqualification of said solicitor, the city court judge shall appoint a solicitor pro tem., who shall receive the same fees as are allowed the regularly appointed solicitor of said court. Solicitor, election of. Vacancy. Fees.

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Sec. V. Be it further enacted by the authority aforesaid, That the solicitor of said city court shall, for his services in the supreme court, be paid out of the treasury of the State in the same manner as the solicitor-general of the superior court is paid for like services rendered in the supreme court. Fees in supreme court. Sec. VI. Be it further enacted by the authority aforesaid, That the clerk and his deputies of the superior court of Meriwether county, shall be ex officio clerk and deputies of said city court. Said clerk shall, before entering upon the duties of his office, take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered on the book of minutes of said city court. He shall also, before entering on the duties of his office, execute a bond with good security in the sum of one thousand dollars for the faithful discharge of the duties of his office. Clerk. Oath. Bond. Sec. VII. Be it further enacted by the authority aforesaid, That the sheriff of Meriwether county shall be ex officio sheriff of said city court of Greenville, and in his official connection with said court he shall be known as the sheriff of the city court of Greenville. Before entering upon the discharge of the duties of his office, said sheriff shall execute a bond with good security in the sum of two thousand dollars for the faithful discharge of the duties of his office. He shall have the same authority to appoint a deputy or deputies as provided in Code for appointment of deputy sheriffs. Sheriff. Bond. Deputies. Sec. VIII. Be it further enacted by the authority aforesaid, That all the duties and liabilities attached to the office of clerk of the superior court and to the office of sheriff shall be attached to the office of clerk of the city court of Greenville, and to the office of sheriff of the city court of Greenville, respectively, and that the judge of said city court of Greenville is empowered to enforce the same authority over the said clerk and sheriff and their deputies as is exercised by the judge of the superior court over the clerks of the superior courts and sheriffs of the counties of Georgia. Duties and liabilities of officers. Sec. IX. Be it further enacted by the authority aforesaid, That the clerk and sheriff of said city court shall, unless otherwise specified in this Act, they and their deputies shall receive for all services the same fees as are allowed by law for like services in the superior court, except they shall receive no per diem; they shall be amenable to the same processes and penalties as they are now amenable to as officers of the superior court, and they shall be entitled to the same remedies to enforce the collection of their fees and costs in said city court as they are now entitled to in the superior court. Fees.

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Sec. X. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to issue writs of habeas corpus and to hear and dispose of the same in the same way, and with the same power as the judge of the superior court. Habeas corpus. Sec. XI. Be it further enacted by the authority aforesaid, That the term of said city court shall be monthly and quarterly; the monthly term for the trial and disposition of criminal business and quarterly terms for the trial and disposition of either or both criminal and civil business. The times for holding said terms of said court shall be fixed by the city court judge, such terms to be as near equidistant as convenience will admit, notice of which shall be given by advertisement one time in the newspaper where the sheriff sales for said county are published. The terms of such court shall be held at the courthouse in the city of Greenville, in said county of Meriwether, for which, when necessary, juries shall be drawn as hereinafter directed, and shall last until the business is disposed of, unless sooner adjourned for good cause. The judge of said city court shall, in his discretion, hold his court at the same place at any other times than the regular terms for the transaction of criminal business, which does not require a jury, as speedily as possible, consistent with the interests of the State and the accused, and may also hold adjourned terms of the regular monthly and quarterly terms of said city court, for which he may draw new juries or require the attendance of the same, as in his sound legal discretion may seem best. Said city court judge may also in his discretion, set cases for trial at convenient times, and the same may then be tried as of the term, whether court has been held from day to day until said time or not. Terms of court. Sec. XII. Be it 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 court, except as hereinafter provided, the process to writs shall be annexed by the clerk of said city court, be tested in the name of the judge thereof, and be directed to and served by the sheriff of the city court of Greenville or his deputies thereof. Practice. Sec. XIII. Be it further enacted by the authority aforesaid, That in all matters pertaining to service, pleadings and practice, the laws governing the superior court, where not inconsistent with this Act, and unless otherwise specially provided by this Act, shall be applicable to said city court. Practice. Sec. XIV. Be it further enacted by the authority aforesaid, That the judge of said city court shall have the power and authority

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to hear and determine without a jury all civil causes of which the said court has jurisdiction, and to give judgment and execution therein; provided, always, that either party in any cause shall be entitled to a trial by jury in said court upon entering a demand therefor by himself or his attorney, in writing, on or before the call of the docket at the term to which the cause is returnable, in all cases where such party is entitled to a trial by jury under the constitution and laws of this State. Trials. Sec. XV. Be it further enacted by the authority aforesaid, That all judgments obtained in said court shall be a lien on all property of the defendant or defendants throughout the State in the manner as judgments of the superior courts are; but property exempt from levy and sale under laws of this State shall be exempt from levy and sale under process from said court, and all executions issuing from said court shall be tested in the name of the judge and signed by the clerk and directed to the sheriff or his deputies of the said city court of Greenville, and to all and singular the sheriffs or their deputies of the State of Georgia. Judgments, lien of. Executions. Sec. XVI. Be it further enacted by the authority aforesaid, That said court shall have jurisdiction of all claim cases where personal property is levied on under execution or other process from said court and such claims shall be tried in the same manner as claims in the superior courts. Claim cases. Sec. XVII. Be it further enacted by the authority aforesaid, That claims to real property levied on under execution or other process from said city court, shall be returned to the superior court of the county where such real property is situated, and shall there proceed as other claims in the superior courts. Claims to realty. Sec. XVIII. Be it further enacted by the authority aforesaid, That all laws upon subjects of attachments and garnishments as to any manner whatever in superior courts of this State shall apply to said city court as if named with the superior court, so far as the nature of the city court will admit. Attachments in said court, returnable to said court, shall be directed to the sheriff or his deputies of the city court of Greenville, and to all and singular the sheriffs and constables of this State, and the judge of said city court may, or any justice of the peace or notary public, may issue attachments returnable to said city court under the same laws that govern the issuing of attachments returnable to the superior courts. Attachments and garnishments. Sec. XIX. Be it further enacted by the authority aforesaid,

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That garnishment and attachment proceedings and proceedings on distress warrants in said city court shall be conformable to the laws of the State on the subject in the superior court. Practice. Sec. XX. Be it further enacted by the authority aforesaid, That scire facias to make parties in any cause in said city court shall be had as in the superior court, but such scire facias shall run throughout the State, and may be served by any sheriff or his deputy thereof. Parties, how made. Sec. XXI. 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, set-offs, affidavits, or illegality, arbitration, examination of parties to suits or witnesses by interrogatories or under subp[oelig]nas, witnesses and their attendance, continuance or other matters of a judicial nature within the jurisdiction of said city court, shall be applicable to said city court. Practice Sec. XXII. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to cause testimony to be taken and used de bene esse and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the general laws of the State, and the judge and all other officers of said city court shall have power respectively to administer all oaths pertaining to their office as the judge and other officers of the superior courts may in like cases do; and said judge shall have power to attest deeds and other papers and administer affidavits in all cases anywhere in the State in which, by existing laws, deeds and papers may be attested and affidavits administered by justices of the peace of this State, and the judge of the said city court shall have all the powers and authority throughout his jurisdiction of 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 provied. Judge and officers, powers of. Sec. XXIII. Be it further enacted by the authority aforesaid, That said city court of Greenville shall be a court of record and shall have a seal, and the minutes, records, order, and other books and files that are required by law, and rules, to be kept for the superior court shall be kept in and for said city court, and in the same manner, and all laws applicable to the duties of the clerk and sheriff in said superior court shall apply to them in said city court except where they conflict with the provisions of this Act. Court of record. Sec. XXIV. Be it further enacted by the authority aforesaid,

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That all laws regulating the enforcing of judgments of the superior courts, whether civil or criminal, shall apply to said city court, and executions shall issue and be levied and sale be had thereunder, under the same rules and laws regulating the same in the superior court. Judgments, how enforced. Sec. XXV. Be it further enacted by the authority aforesaid, That the judge of said city court 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. Contempts. Sec. XXVI. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of said city court of Greenville to prepare and file in his office a complete copy of the traverse jury list of the superior court of Meriwether county, as provided from time to time for such superior court. From said copy so made, traverse jurors in said city court shall be drawn in the following manner: The clerk of said city court of Greenville shall write upon separate tickets the names of each traverse juror, and shall number the same and place the same in a box to be prepared for the purpose, from which shall be drawn sixteen traverse jurors in the manner as now required by law in the superior courts. All laws with reference to the drawing, selecting, and summoning traverse and tales traverse jurors in the superior courts shall apply to the city court, except that the sheriff shall be paid $3.00 for summoning said jurors. All exemptions from jury duty now in force in the county of Meriwether, shall apply and be of effect in the said city court. Juries, how drawn. Sec. XXVII. Be it further enacted by the authority aforesaid, That all laws in reference to the qualifications, relations, impaneling, fining and challenging jurors, now in force in this State, or hereafter enacted by the General Assembly, regulating the same in the superior courts, shall apply to and be observed in said city court, except when inconsistent with the provisions of this Act. Jurors. Sec. XXVIII. Be it further enacted by authority aforesaid, That the sixteen jurors drawn and summoned as above provided, shall be empaneled, and in all cases, civil or criminal, trial by a jury of twelve shall be had in said court when so demanded, but a trial by a jury of twelve may be waived, and in that event the jury shall be selected as follows: In civil cases each side shall have four strikes, and in criminal cases the defendant shall have five strikes, and the state three strikes; eight shall thus constitute a jury. When a jury of eight shall have retired for the purpose of considering a

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case, the parties in any case may by consent agree to use the remaining eight jurors for the trial of such case, and this shall constitute a legal jury. If either party in a civil case, or defendant in a criminal case, declines to waive trial by a jury of twelve, then in civil cases each side shall be allowed two strikes, and in criminal cases the defendant shall be allowed three strikes, and the State one strike, from said panel. The jurors, those drawn on the regular panel and likewise the talesmen, which the judge of said court is hereby empowered to have summoned instanter at any term of said court, whenever necessary to complete a panel, shall each receive the sum of one dollar and a half per day while serving as jurors in said court, same to be paid under the rules governing the payment of superior court jurors. Panels. Sec. XXIX. Be it further enacted by the authority aforesaid, That the sheriff of said court and with the approval of the judge, is authorized to appoint at each term of said court not exceeding two bailiffs as officers of said court, who shall receive for their services one dollar and a half per day. Bailiffs. Sec. XXX. Be it further enacted by authority aforesaid, That all criminal cases in said city court shall be tried by the judge thereof without a jury, except when the accused in writing shall demand a jury. A plea to the accusation shall be a waiver of the jury, and the accused shall not thereafter have the right to recall such waiver. If upon the trial of any case it shall appear to the judge that the evidence makes the case a felony against the accused, he shall thereupon suspend the trial and commit or bail over the defendant to the next superior court as in preliminary examinations. Criminal cases, trial of. Sec. XXXI. Be it further enacted by the authority aforesaid, That defendants in criminal cases in said city courts shall be tried on a written accusation setting forth plainly the offense charged, found upon an affidavit of the prosecutor and signed by the solicitor of said city court, and in all criminal cases within the jurisdiction of said city court, the defendant shall have the right to demand an indictment by the grand jury of Meriwether county. That before the arraignment the judge shall inquire of the defendant whether he demands indictment, and the response of defendant shall be endorsed on the accusation and signed by the prosecuting officer of the court. If the defendant demands indictment, the city judge shall hold him to bail for his appearance at the superior court to answer such indictment as the grand jury may find against him touching said transaction, of which he is accused; and in the event of his

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failure to give bail shall commit him to await the action of the grand jury. All the proceedings after accusations shall conform to the rules governing like cases in the superior courts, except there shall be no jury trials unless demanded by the accused as hereinbefore provided. In all cases tried the accusation shall set forth the offense charged with the same particularity, both as to matter of form and substance, as is required by the laws and rules of criminal pleading to be observed in bills of indictment in the superior court. Accusation. Sec. XXXII. Be it further enacted by the authority aforesaid, That the judge of the superior court shall send down from the superior court of Meriwether county to said city court for trial and final disposition all presentments and indictments for misdemeanors which may be undisposed of at the close of each term of the superior court, and the order transmitting such cases shall be entered on the minutes of both of the said courts; provided, that this section shall not apply to those presentments or indictments under which no arrests have been made or those under which arrests have been made and the bond of the defendant forfeited; provided, that in all transferred cases the solicitor-general of the Coweta Circuit shall be entitled to his accrued costs to be collected as herein provided for cost of solicitor of the city court. Cases transferred from superior court. Sec. XXXIII. Be it further enacted by the authority aforesaid, That it shall be the duty of all justices of the peace, notary publics of Meriwether county to bind over to said city court all persons charged with offenses committed within the limits of Meriwether county, over which said city court has jurisdiction, there to answer for said offenses. Appearance bonds. Sec. XXXIV. Be it further enacted by the authority aforesaid, That a writ of error shall be from said city court to the supreme court of this State upon a bill of exceptions filed under the same rules and regulations as govern and control the issue of writs of error and filing of bills of exceptions in the superior courts of this State. Writ of error to supreme court. Sec. XXXV. Be it further enacted by the authority aforesaid, That in all cases in said city court the same power and rights of parties as to waivers, pleadings of procedure or other matters pertaining to the same, shall be allowed and upheld by the laws and rules to parties in said superior courts. Practice. Sec. XXXVI. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to grant a new trial in any case, civil or criminal, in his court upon the same terms

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and conditions and under the same laws and regulations, in every respect governing the granting of new trials in the superior courts. All rules of pleading, practice and procedure governing motions, rules nisi, and other proceedings in new trials in the superior courts, shall apply to and govern the same in said city court. When a criminal case is heard at a special session of said city court, and the defendant desires to move for a new trial, such motion must be made and passed upon by the judge of said city court within five days after the rendition of the judgment complained of, and not afterwards, unless for good cause; further time may, by order, be granted, in the discretion of the judge of said court. In other respects such motion shall be governed by the ordinary rules aforesaid. New trials. Sec. XXXVII. Be it further enacted by the authority aforesaid, That all suits against joint obligors, joint promissors, copartners or joint trespassers, in which any one or more resides in the county of Meriwether, may be brought in said court, whether its jurisdiction has already stated under the same rules and regulations governing such cases in the superior courts, mutatis mutandis, as to copies, second originals, returns and other matters connected with the suit. Suits against joint defendants. Sec. XXXVIII. Be it further enacted by authority aforesaid, That all rules of the superior court relating to continuance, motions, pleas, and practice shall be applicable to said city court and shall obtain their end. Practice. Sec. XXXIX. Be it further enacted by the authority aforesaid, That the first term of said court to which a civil case is brought, shall be the appearance or return term; the second shall be the trial or judgment term, and all the laws, rules and practices in said court with reference to terms thereof and to the continuance, pleadings, and trial of causes therein shall be the same as in the superior court, unless otherwise provided in this Act. Appearance and trial terms. Sec. XL. Be it further enacted by the authority aforesaid, That whenever the judge of said city court is, from any cause, disqualified from presiding, and the judge of the superior court cannot, from any cause preside in said court, as provided for in the constitution, then, upon the consent of the parties, or upon their failing or refusal to agree, said cause shall be tried by a judge pro hac vice, selected in the same manner as now provided for in the superior courts. Judge pro hac vice. Sec. XLI. Be it further enacted by the authority aforesaid, That in case of the absence of the judge of said city court at any term thereof the sheriff or clerk of said court may adjourn it to such time

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as the judge may, in writing, direct, or if no directions be given the court shall be adjourned to the next regular term. Adjournments. Sec. XLII. Be it enacted by the authority aforesaid, That all fines, forfeitures and convict hire arising from cases tried in said city court shall be paid out by an order of the judge of said city court, which shall be entered on the minutes of said city court, as follows: 25 per cent. to be paid to the solicitor-general of the Coweta Circuit on his insolvent cost-bill in said county; 25 per cent. to the clerk and sheriff of said city court pro rata upon their insolvent cost-bill; 25 per cent. to the solicitor of said city court, upon his insolvent cost-bill; provided, the fees of said solicitor does not exceed the sum of three hundred and fifty dollars, all over three hundred and fifty dollars shall be paid into the county treasury, and the remaining 25 per cent. to be paid into the county treasury; provided, that nothing herein shall be construed to repeal the law relative to payments of insolvent cost-bills of magistrates and constables as now prescribed by the Code for payment of such bills. Should the said fund arising from fines, forfeitures, and convict hire at any time upon a division of same as above prescribed be more than sufficient to pay off the insolvent cost-bills of said officers, then such excess shall be ordered paid into the county treasury. Fines, forfeitures and convict hire, how applied. Sec. XLIII. Be it further enacted by the authority aforesaid, That the commissioners of roads and revenues of the county of Meriwether, shall provide a suitable place in the courthouse in the said city of Greenville for the holding of said court, and provide the necessary books for keeping the dockets, minutes and records of said city court. Sec. XLIV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1899.

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CITY COURT OF GWINNETT. No. 261. An Act to abolish the city court of Gwinnett, said city court of Gwinnett created by special Act approved December 14, 1895, which Act was amended by special Act approved December, 22, 1898, to provide for the disposition of cases pending therein, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the city court of Gwinnett, in the county of Gwinnett, said city court of Gwinnett created by special Act approved December 14, 1895, which Act was amended by special Act approved December 22, 1898, be, and the same is hereby abolished. City court of Gwinnett abolished. Sec. II. Be it further enacted by the authority aforesaid, That all civil cases pending in said city court of Gwinnett shall be transferred to the superior court of Gwinnett county to be disposed of as other cases therein, said transferred cases standing for trial at the next regular term of said superior court after the passage of this act. All criminal cases in said city court shall be transferred to said superior court to be disposed of as other criminal cases therein. Cases transferred to superior court. Sec. III. Be it further enacted by the authority aforesaid, That mesne and final process from the county court of Gwinnett county, and from said city court of Gwinnett, shall be returned to the superior court of Gwinnett county; and all claims, illegalities, and other issues arising from the execution of such process shall be returned to said superior court and tried as other cases therein. Processes returned to superior court. Sec. IV. Be it further enacted by the authority aforesaid, That all mesne and final process from said county court of Gwinnett county and from said city court of Gwinnett shall be executed by the sheriff of Gwinnett county or his lawful deputies. How executed. Sec. V. Be it further enacted by the authority aforesaid, That all dockets, minutes, records and papers of the said county court of Gwinnett county and of the said city court of Gwinnett shall be turned over to the clerk of the superior court of Gwinnett county; provided, that this Act shall not go into effect until January 1st, 1901, and not then unless a majority of the qualified voters of

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Gwinnett county, voting at the election hereinafter provided for, shall decide in favor of the abolition of said court; provided further, that, at the next election of members of the legislature held in said county, those in favor of abolishing said court shall have written or printed on their ballots the words, For abolishing the city court, and those opposed to abolishing it shall have written or printed on their ballots the words, Against abolishing the city court; provided further, that after said election has been held, and the returns consolidated in the manner provided for in said general election, that the managers shall certify the result to the Governor of this State, who shall declare the result by proclamation. Records. Election. Ballots. Result of election. Sec. VI. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 19, 1899. CITY COURT OF HALL COUNTY. No. 269. An Act to amend an Act entitled an Act to establish a city court in the county of Hall, and to provide for the appointment of a judge and solicitor thereof, approved August 14, 1891, so as to provide that defendants in criminal cases shall not have the right to demand an indictment by the grand juries of said county. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act entitled an Act to establish a city court in the county of Hall, and to provide for the appointment of a judge and solicitor thereof, approved August 14, 1891, be, and the same is, hereby amended by inserting the word not between the words shall and have in the second line of section 42 of said Act, and by repealing all of said section 42 of said Act from the word provided down to the word commitment, both inclusive, so that said section 42, as hereby amended, shall read as follows, to wit: In all criminal cases within the jurisdiction of the said city court, the defendant shall not have the right to demand an indictment by the grand jury of the county of Hall. City court of Hall county. No indictment in.

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Sec. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1899. COUNTY COURT OF JASPER COUNTY. No 385. An Act requiring the judge of the county court of Jasper county and the solicitor of said court to be elected by the qualified voters of said county, and to repeal so much of the general county court Act, approved January 19th, 1872, as is in conflict with this Act, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That on the first Wednesday in January, 1904, and quadrennially thereafter, there shall be an election for judge of the county court of Jasper county, by the qualified voters of said county. County court of Jasper county, election of judge. Sec. II. That on the first Wednesday in January, 1902, and biennially thereafter, there shall be an election for solicitor of the county court of Jasper county, by the qualified voters of said county. Election of solicitor. Sec. III. That all elections held under this Act shall be governed by the general election laws of this State. Sec. IV. That the person receiving the highest number of votes for judge, if qualified to serve, and laboring under no disability, shall be commissioned by the Governor, as judge of said court, as other county officers are commissioned, but any other person claiming to be elected may contest the election under the same rules, regulations and restrictions as are applicable under the law to contest for county officers. The provisions of this Act shall also apply to and regulate the election of solicitor of said court. Contests. Sec. V. In the event of a vacancy in the office of judge or of the office of solicitor of said court, by death, resignation, removal or otherwise, the Governor shall fill such vacancy by appointment until a special election can be had by the voters of said county, which shall be ordered by the ordinary, and shall be held within twenty days from the time such vacancy shall occur, and shall be held as other special elections are held. Vacancies.

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Sec. VI. The term of the first judge elected under this Act shall begin at the expiration of the term of the judge holding said office at the time of holding the election herein provided for; and the term of the first solicitor elected under this Act shall begin at the expiration of the term of the solicitor holding said office at the time of holding the election for solicitor, as is provided for in this Act. Judge and solicitor. Terms of. Sec. VII. All laws and parts of laws and so much of the general county court Act, approved January 19, 1872, as is in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899. CITY COURT OF JEFFERSON. No 260. An Act to amend an Act establishing the city court of Jefferson, approved November 30th, 1897, so as to provided for a solicitor for said court, separate from the solicitor-general of the Western Circuit, and to provide that the solicitor-general of the Western Circuit shall not be ex officio solicitor of said city court. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 6 of the Act approved November 30, 1897, establishing the city court of Jefferson, be, and the same is, hereby amended by striking out the following words: That the solicitor-general of the Western Circuit shall prosecute all offenses cognizant before said city court of Jefferson, and inserting in lieu thereof the following words: There shall be a solictor for said city court, who shall have resided in the county of Jackson for three years, who shall have practiced law two years, who shall be appointed by the Governor, and whose term of office shall be four years; so said section 6 of said Act when amended shall read as follows: There shall be a solicitor for said city court who shall have resided in the county of Jackson for three years, who shall have practiced law for two years, who shall be appointed by the Governor, whose term of office shall be four years. The solicitor of said city court before entering upon the duties of his office, shall take and subscribe the oath required by all civil officers

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and in addition thereto the following, viz.: I swear I will discharge the duties of solicitor of the city court of Jefferson in an impartial manner without favor or affection, or without respect to persons, and will discharge to the best of my ability all the duties devolving upon me as solicitor of said city court of Jefferson, and will do so according to the constitution and laws of Georgia, and the constitution of the United States, so help me God. Said solicitor shall give a bond and security in the sum of five thousand dollars for the faithful performance of his duties. City court of Jefferson. Solicitor, appointment. Oath. Bond. Sec. II. Be it further enacted that this Act shall not go into effect until the first Monday in January, 1901, but the solicitor of said city court may take the oath of office immediately after his appointment by the Governor. Sec. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 15, 1899. COUNTY COURT OF JONES COUNTY. No. 219. An Act to provide for the election of the county judge and the county solicitor of Jones county by the people of Jones county, 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, whenever there is a vacancy in the offices of county judge or county solicitor, the same shall be filled by an election by the qualified voters of Jones county, and at the same time and places that county officers and members of the General Assembly are elected, and that the county judge and county solicitor, when so elected, shall hold their office for the term of four years and until their successors are elected and qualified. County court of Jones county. Judge and solicitor, election of. Sec. 2. Be it further enacted, That the first election to be held under this Act shall be held at the general election of 1900, when the county officers and members of the General Assemby are elected, and that said election shall be under the same rules and regulations as the said general elections, and that the county judge and county solicitor so elected shall be commissioned by the Governor for a term of four years.

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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 November 29, 1899. CITY COURT OF LAGRANGE. No. 293. An Act to establish the city court of LaGrange, in Troup 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 practicing, and new trials therein, and for carrying cases direct from said city court to the Supreme Court by bill of exceptions or writ of error, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the city court of LaGrange is hereby established, to be organized, located and held in the city of LaGrange, Troup county, Georgia, with jurisdiction civil and criminal, over the entire county of Troup. City court of LaGrange. Sec. II. Be it further enacted by the authority aforesaid, That said city court of LaGrange shall have jurisdiction to try and dispose of all cases of whatever nature, except those cases over which the superior court has exclusive jurisdiction, or over which exclusive jurisdiction is given to 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 cost. Jurisdiction. Sec. III. Be it further enacted by the authority aforesaid, That said city court of LaGrange shall have jurisdiction to try and dispose of all criminal cases for all offenses committed in the county of Troup where the offender is not subject to the loss of life or confinement in the penitentiary. And it is hereby made the duty of all justices of the peace and officers holding committal courts, to bind over to said city court of LaGrange all offenders who are brought before them for investigation who are charged with offenses over which said city court has jurisdiction, when under the law the evidence is sufficient to bind them over. Criminal cases.

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Sec. IV. Be it further enacted by the authority aforesaid, That there shall be a judge of said city court of LaGrange, who shall be appointed by the Governor, by and with the advice and consent of the Senate, whose term of office shall be for four years, and all vacancies in said office shall be filled by the appointment of the Governor, for the residue of the unexpired term. Such appointments being subject to the approval of the Senate, which may be then in sessiou, 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 the next session thereafter; provided, that the judge first appointed under this Act, if the Senate be not in session, or shall fail to act, shall hold and fill the office subject to the approval of the Senate at the next session thereafter. The judge of said city court of LaGrange shall receive a salary of not less than eight hundred dollars and not more than fifteen hundred dollars, to be fixed by the board of commissioners of roads and revenues of Troup county. Judge, appointment of. Salary. Sec. V. Be it further enacted by the authority aforesaid, That any person who shall be appointed judge of said city court of LaGrange must, at the time of his appointment, be at least twenty seven years of age; he must also have been a resident of Troup county four years immediately preceding his appointment, and must have been a practicing attorney for at least five years immediately preceding 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 equeal right to the poor and the rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as judge of the city court of LaGrange, according to the best of my ability and understanding, according to the laws and constitution of this State and of the United States, 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 the courts except the city court of LaGrange, justice, municipal, and other courts of Troup county, from which appeals and certioraries lie to said city court of LaGrange. Qualifications. Oath. Sec. VI. Be it further enacted by the authority aforesaid, That there shall be a solicitor of the city court of LaGrange, who shall be appointed by the Governor, by and with the advice and consent of the Senate, who shall hold his office for the term of two years. All vacancies in said office shall be filled by the Governor for the

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remainder of the unexpired term, and should the vacancy occur while the Senate is not in session, the Governor shall fill said vacancy by appointment, and shall submit said appointment to the Senate at the next session thereafter. No person shall be appointed solicitor of said city court of LaGrange, unless at the time of his appointment he shall have arrived at the age of twenty-one, shall have been a resident of Troup county two years immediately preceding his appointment, and shall have been a practicing attorney for at least four years. The fees of said solicitor shall be as follows: For every case founded on accusation finally disposed of in said city court, ten dollars ($10.00), except in cases of larceny and gambling, which shall be twenty dollars; for every indictment or presentment finally disposed of in said city court, five dollars ($5.00); for representing the State in each case carried from said city court to the Supreme Court, fifteen dollars ($15.00); said solicitor, for his services in the Supreme Court shall be paid out of the treasury of the State of Georgia by warrant drawn by the Governor, upon the certificate of the clerk of the Supreme Court as to the performance of said service, and the certificate of the clerk of the city court of LaGrange as to the insolvency or acquittal of the defendant. For all services for which this Act does not provide said solicitor shall receive the same fees as are provided for the solicitor-general of the superior courts. Said solicitor before entering upon the duties of his office shall 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 the solicitor of the city court of LaGrange, so help me God. And he shall also give a bond with good security for the faithful discharge of his duties as solicitor, in the sum of one thousand dollars. Said bond shall be payable to the Governor; shall be approved by the judge of said city court of LaGrange, and shall, together with said oath, be entered on the minutes of said city court. If for any reason said solicitor should be disqualified or fail to act in any case, the court shall have power to appoint a solicitor pro tem. The present incumbent of the office of solicitor of the county court of Troup county, whose term expires on January 1, 1901, shall be commissioned as the solieitor of the city court of LaGrange, his term to expire on said date, January 1, 1901. After the first appointment the term of each solicitor shall be for two years. Solicitor. Qualifications. Fees. Oath. Term of office. Sec. VII. Be it further enacted by the authority aforesaid, That the clerk of the superior court of Troup county shall be ex officio clerk of said city court. The fees of the clerk of said court shall

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be the same as are now, or may be hereafter allowed the clerk of the superior court, except in criminal cases he shall only receive three dollars, and except in civil cases where the amount involved is five hundred dollars or less he shall receive the following fees: Filing declaration and docketing case, 25c.; issuing writ and making copy, 50c.; for each additional copy 25c.; each subp[oelig]na, 15c.; each subp[oelig]na duces tecum, 25c.; each commission to take testimony, 50c.; recording judgment and proceedings, 25c.; each claim case, $2.00; issuing and docketing fi. fa., 50c.; he shall shall also receive the following fees: for filing bill of exceptions to the Supreme Court and sending up papers, $1.00; for foreclosing a lien and recording, $1.00; for docketing, recording, and filing proceeding in possessory warrant cases, $2.00; for taking and filing bond in possessory warrant cases, $1.00; for docketing and filing search warrant and proceedings thereon, $1.00; docketing distress or other warrants not provided for, 25c.; for other service required of him by the order of the judge or rule of court, such compensation as the judge of said court may allow him by standing order entered on the minutes; provided further, that in cases where the amount sued for or involved is one hundred dollars or less, the entire cost of the clerk shall not exceed $2.00 for all his services. For his services at the regular terms of said court he shall receive two dollars ($2.00) per day; provided further, that the present clerk of the superior court shall give a bond in the sum of five hundred dollars for the faithful performance of his duties as clerk of the city court of LaGrange. After the next election for clerk of the superior court of Troup county, said clerk shall not be required to give any additional bond for the discharge of his duties as clerk of said city court, but the bond required of him as clerk of said superior court shall be conditional for the faithful performance of his duties as ex officio clerk of the city court of LaGrange, in addition to his duties as clerk of the superior court of Troup county. Clerk. Fees. Sec. VIII. Be it further enacted by the authority aforesaid, That the sheriff of Troup county, by virtue of his office, shall be sheriff of the city court of LaGrange. 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 thousand dollars, conditioned as the bonds of other deputy sheriffs. Said sheriff shall receive the same fees as are now, or may hereafter be allowed to the sheriff of Troup county, except in cases where the principal sum sued for or involved is one hundred dollars or less, he shall receive one dollar as his fee

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for serving such process. For his attendance at the regular term of said city court of LaGrange he shall receive the same pay as now allowed him or that may hereafter be allowed him for similar service in the superior court of Troup county. Sheriff. Bond. Fees. Sec. IX. Be it further enacted by the authority aforesaid, That the judge of the city court of LaGrange may require the service of and exercise the same authority over the clerk, sheriff, deputy sheriff and bailiffs of said city court as may be exercised by the judges of the superior courts over such officers while holding in the superior courts. The pay of bailiffs shall be the same as are now allowed in the superior courts. Judge, authority of over officers. Sec. X. Be it further enacted by the authority aforesaid, That the judge of the city court of LaGrange shall have the 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 to take affidavits anywhere in the State of Georgia; and judge of said city court of LaGrange shall have concurrent jurisdiction with superior court to hear and determine appeals and certioraries from courts of justices of the peace and all inferior courts of said county, except the court of ordinary; and the judge, solicitor, and sheriff, and his deputies, shall have power to administer oath and do all other official acts pertaining to their office respectively, as such officers of the superior court may in like cases do. Said judge shall also have the power to issue writs of habeas corpus, and to hear and determine the same as judges of the superior courts do; 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 a judge of the superior court may do unless otherwise provided in this Act. And the said judge of the city court of LaGrange shall have all power and authority throughout his jurisdiction of judges of the superior court, except where by law exclusive jurisdiction is vested in the judges of the superior court. And all laws relating to and governing judges of the superior courts, shall apply to the judge of said court, so far as the same may be applicable, except as herein provided. Judge. powers of. Sec. XI. Be it further enacted by the authority aforesaid, That said city court of LaGrange shall have jurisdiction of all claim cases where personal property is levied on under execution or other process from said court, and said claim case shall be tried in the same manner as are claims in the superior court. Claim cases. Sec. XII. Be it further enacted by the authority aforesaid, That

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all laws upon the subject of attachment and garnishment in the superior courts of this State shall apply to the city court of LaGrange in so far as the nature of said 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 LaGrange shall be directed to all and single the sheriff 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. Attachments and garnishments. Sec. XIII. Be it further enacted by the authority aforesaid, That the garnishment proceedings in said city court shall be conformable to the laws of the State on that subject in the superior courts, and when returnable in another county where there is no city court of like character with this, shall be returnable to the superior court of such county. Garnishments. Sec. XIV. Be it further enacted by the authority aforesaid, That the judge of the city court of LaGrange shall have the power to enforce his orders, to preserve order, to punish for contempt, and to enforce all his judgments as vested by law in the judges of the superior courts of this State. Contempt. Sec. XV. Be it further enacted by the authority aforesaid, That the judge of said city court shall have the power and authority to hear and determine all cases, either civil or criminal, over which said city court has jurisdiction, and to give judgment and execution therein; provided, always, that either party in any cause shall be entitled to a trial by jury in said court upon entering a demand therefor by himself or attorney in writing five days before the call of the docket the first day of the term of said court at the term to which said cause is returnable, in all cases in which such party is entitled to a trial by jury under the constitution and laws of this State. All jury cases, criminal and civil, shall be tried at the quarterly term. Trials. Sec. XVI. Be it further enacted by the authority aforesaid, That the terms of said city court shall be monthly and quarterly, the monthly terms to be on the third Thursday in each month; and the quarterly terms to be held on the second Monday in March, June, September and December; provided, that the judge of said city court may change the time of holding said court; said change to be advertised one time in the newspaper where the

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sheriff's sales are published; said terms to be as near equidistant as convenient. The terms of said court shall last until the business is disposed of, and the judge may set cases for trial at convenient times, and the same may then be tried as of the term, whether court has been held from day to day or not. Terms of court. Sec. XVII. Be it further enacted by the authority aforesaid, That suits in said city court shall in all respects be conformable to the mode of procedure in the superior courts, except as hereinafter provided; but the process to writs shall be annexed by the clerk of said court, shall be attested in the name of the judge thereof, and shall be directed to the sheriff or his lawful deputies, and all executions issued from said court shall be attested in the name of the judge and signed by the clerk, and directed to all and single the sheriffs and their lawful deputies of the State of Georgia. Practice. Sec. XVIII. Be it further enacted by the authority aforesaid, That in said city court the same rules of procedure, service, pleading and practice shall govern as for the time being obtain in the superior courts, except as otherwise provided in this Act; and whenever and in all cases where the rules of the superior court cannot be made applicable on account of the difference between the constitutions of the two courts, then the judge of said city court may make and promulgate rule to cover such cases, publication of the same to be paid for by the county. Suits for not over one hundred dollars principal and attorney's fees, and all issues where not over one hundred dollars is involved, may be made returnable to the monthly sessions of said court and stand for trial at the first term. All other causes and proceedings must be brought to the quarterly terms, and stand for trial at the first or second term as similar cases would in the superior courts. Practice. Sec. XIX. Be it further enacted by the authority aforesaid, That the general laws of force in the superior courts with regard to the commencement of suits, and making parties to cases pending, defenses, set-off, affidavits of illegality, arbitration, examination of witnesses by interrogatories, or to subp[oelig]na witnesses and require them to attend court and give evidence, continuances and amendments, and all matter pertaining to pleading and practice, and all matter of judicial nature within the jurisdiction of said city court, shall be of force in said city court, except as otherwise provided in this Act. Practice. Sec. XX. 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, an

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execution 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. XXI. Be it further enacted by the authority aforesaid, That defendants in criminal cases may be tried on written accusations in said city court setting forth plainly the offense charged, which accusation shall be signed by the prosecutor or the prosecuting officer of said city court. Accusation. Section XXII. Be it enacted by the authority aforesaid, That the judge of the city court of LaGrange shall have the power to hear and determine criminal cases at any time, or to accept pleas of guilty, and to pass sentence on those convicted or pleading guilty; provided, always, that the defendant does not demand a trial by jury, or if accused does not, as before provided, demand indictment by the grand jury. If the defendant demands trial by jury and the court is not sitting at a regular quarterly term, then said case stands continued until the next quarterly term of said city court. If the defendant shall, before the case is called for trial, demand an indictment by the grand jury, then the judge of said court shall, in the event of the inability of the defendant to give bail, which shall be signed for his appearance to answer such indictment or presentment as the grand jury may find against him, conformable to the general laws of bail in criminal cases, commit said defendant to the common jail of said county to await the action of the grand jury in said case. In event a true bill is found or special presentment is made in such case and is returned to said city court, all other proceedings shall be the same as in other trial in said city court. All other proceeding in criminal cases shall be the same as is of force under the general law governing the trial of misdemeanor cases in the superior court. Criminal cases, practice in. Sec. XXIII. Be it further enacted by the authority aforesaid, That the judge of the superior court may transfer any or all presentments or bills of indictment for misdemeanors to said city court for trial, the order so tranferring the same to be entered upon the minutes of both courts. Misdemeanors transferred to. Sec. XXIV. Be it further enacted by the authority aforesaid, That traverse jurors in said city court shall be procured in the following manner: The clerk of said city 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 name of each person upon the grand jury list, and each person upon the traverse jury list of the superior court of said county, and shall

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place all of said names in said city court jury box, from which shall be drawn twenty-four traverse jurors to serve in said court. All laws in reference to drawing, summoning, impaneling traverse jurors in the superior courts shall apply to the city court of LaGrange, and the said city court judge shall have the same power to summon tales jurors for the city court as the judges of the superior courts have for the superior courts. Jurors in said city court shall receive the same pay, and be paid in the same manner, and under the same rules and regulations as jurors are, or may be hereafter, paid in the superior courts. Juries, how procured. Sec. XXV. Be it further enacted by the authority aforesaid, That all laws with reference to the qualifications, impaneling, challenging and fining jurors now in force or hereafter to be enacted in the superior court, shall be of force in said city court, except when inconsistent with this act. In cases which are to be tried by juries the parties shall be entitled to the full panel of twenty-four from which to strike. In civil cases each party shall be entitled to six peremptory strikes, and in criminal cases the defendant shall be entitled to seven and the State to five peremptory strikes, and all laws and rules governing the selection of jurors in the superior courts shall be of force in said city court unless inconsistent with this Act. Jury panels. Sec. XXVI. Be it further enacted by the authority aforesaid, That the judge of the city court of LaGrange shall have the authority to grant new trials in all cases tried in said city court, both criminal and civil, upon the same terms and conditions, and under the same laws and regulations, in every respect governing the granting of new trials in the superior courts, and all rules and laws of pleading and practice and procedure, governing motions for new trials and carrying cases to the Supreme court by bill of exception from the superior courts, shall apply to and govern the same in said city court. New trials. Sec. XXVII. Be it further enacted by the authority aforesaid, That a writ of error direct from said city court to the Supreme Court of this State shall lie upon the bill of exceptions under the same rules and regulations as govern the certifying, serving, filing, transmitting, bills of exception from the superior courts of this State before the Supreme Court. Writ of error to supreme court. Sec. XXVIII. Be it further enacted by the authority aforesaid, That whenever, from any cause, the jude of said city court is disqualified from presiding in any case, and the judge of the superior court, from any cause, fails to preside in said city court as provided by the constitution of this State, then upon the consent of the parties,

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or upon their refusal to agree, said case may be tried by a judge pro hac vice, selected in the same manner as is now provided in the superior courts of this State. Judge, pro hac vice. Sec. XXIX. Be it further enacted by the authority aforesaid, That the solicitor of said city court shall have the power and authority to hire out to any legally constituted chain-gang, under and subject to the laws governing the hiring out of misdemeanor convicts of this State, and the money arising from said fund shall be appropriated in the same manner and for the same purposes as other funds coming into said court from fines and forfeitures. Convicts, hire of. Sec. XXX. Be it further enacted by the authority aforesaid, That all money arising from fines forfeiture, forfeited recognizances and convict hire, arising in said city court shall be distributed and disposed of as follows: First, all cost due the solicitor of said city court, the clerk, the sheriff, justice of the peace, bailiffs, and in cases transferred from the superior court, the solicitor-general of the superior court, shall be paid; or if there is not enough money to pay said cost in full, then to be prorated among said officers. Second, after paying the cost in the case bringing the money into court as above described, if there is any money left, it shall be prorated between the sheriff, clerk and solicitor of said city court, according to their insolvent cost list in said court. In cases transferred from the superior court, the solicitor-general of the superior court shall have one-third of said fund. If at any time there shall be a surplus after paying the insolvent cost, it shall be paid into the treasury of Troup county. No officer shall receive any money on his insolvent cost bill unless it has first been approved by the judge of said city court and has been placed on the minutes thereof. And said insolvent bills shall be a lien on said funds superior to any other liens. Fines, forfeitures and convict hire, how distributed. Sec. XXXI. Be it further enacted by the authority aforesaid, That all cases, civil or criminal, now pending in the county court of Troup county, be and the same are hereby transferred to the city court of LaGrange, and shall be tried and disposed of as other cases in said city court of LaGrange; all dockets, records, books and papers of the county court of Troup county shall be turned over to, be used and disposed of by the city court of LaGrange; all final and other processes heretofore issued returnable to the county court of Troup county shall be returnable to the city court of LaGrange. The judge and other officers of the city court of LaGrange shall have power and authority to enforce all process necessary to the disposition of any case from the county court of Troup county

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which for any cause has not been disposed of by the officers of the county court of Troup county. All fi. fas. and processes not satisfied issued from the county court of Troup county may be enforced and levied by the officers of and in the same manner as similar papers are disposed of in the city court of LaGrange. The insolvent cost list of the sheriff of Troup county, and the solicitor of the county court of Troup county shall be a lien on funds arising from fines, forfeitures and convict hire, arising in said city court of LaGrange, and shall be prorated as provided in this Act. Cases in county court transferred. Sec. XXXII. Be it further enacted by the authority aforesaid, That the county commissioners of Troup county shall provide the necessary books, papers, minutes, dockets, and other necessary books and stationery necessary to run said court. Records. Sec. XXXIII. Be it further enacted by the authority aforesaid, That all laws and parts of laws that are in conflict with this Act be, and the same are, hereby repealed. Approved December 19, 1899. CITY COURT OF LEXINGTON. No. 248. An Act to establish the city court of Lexington, in and for the county of Oglethorpe; to define its jurisdiction and powers; to provide for the appointment of a judge, solicitor, 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 to the Supreme Court, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the city court of Lexington, to be located in the city of Lexington, in the county of Oglethorpe, is hereby established and created with civil and criminal jurisdiction over the whole county of Oglethorpe, concurrent with the superior court, to try and dispose of all civil cases of whatever nature wherein the amount claimed or involved, inclusive of interest, is as much as fifty dollars, except those of which the constitution of this State has given to the superior court exclusive jurisdiction, and with criminal jurisdiction to try and dispose of all offenses below the grade of felony committed in the

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county of Oglethorpe; that the jurisdiction herein conferred shall include not only the ordinary suits by petition and process, but also all other kind of suits and proceedings which now or hereafter may be in use in the superior courts, either under the common law or statute, including, among others, attachment and garnishment proceedings, illegalities, counter affidavits to any proceedings from said court, statutory awards, proceedings against intruders and tenants holding over, partitions of personalty, issues upon distress warrants, foreclosure of all liens and mortgages and quo warranto. City court of Lexington established. Jurisdiction. Sec. II. Be it further enacted by the authority aforesaid, That said city court shall have concurrent jurisdiction with the superior court of all appeals and certioraries from all inferior courts in said county, except the court of ordinary, said appeals and certioraries to be had under the same rules governing such remedy in the superior court. The city court judge is hereby given authority to sanction petitions for certiorari returnable to said city court. The writs of certiorari shall be issued in five days after filing the petition and sanctioned and made returnable to the first quarterly term after twenty-five days from the date of said writ. As to everything else relating to certioraries the same rules shall apply as in the superior court. Appeals shall be returned to the quarterly term and stand for trial at the first term after ten days from the time of entering the appeal. Appeal. Certiorari. Sec. III. Be it further enacted by the authority aforesaid, That there shall be a judge of said city court who shall be appointed by the Governor by and with the consent and advice of the Senate, who shall hold his office for the term of four years, and all vacancies in office of judge shall be filled by appointment by the Governor for the residue of the unexpired term, but should a vacancy occur when the Senate shall not be in session, the Governor shall make appointment to fill such vacancy and submit such appointment to the Senate which shall next thereafter convene. The judge of said city court shall receive a salary of nine hundred dollars per annum; provided, the grand jury of the superior court of said county at any spring term of said court is hereby authorized and empowered to increase said salary not to exceed fifteen hundred dollars, which said increase of salary shall not accure to the then incumbent of said court during the term then being served, which salary shall be paid monthly by the treasurer of the county of Oglethorpe, and it shall be the duty of the commissioners of roads and revenues of said county, or other proper officer, to make provision annually and levying

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the taxes for this purpose. The said judge shall receive no other compensation, but may practice law in any court except his own. Judge, appointment. Salary. Sec. IV. Be it enacted by the authority aforesaid, That no one shall be eligible to the office of said judgeship unless he be, at the time of his qualification, at least twenty-five years of age, a resident of Oglethorpe county for two years immediately preceding the appointment, and must have practiced law two years. He shall before entering upon the duties of his office, take and subscribe the following oath: I solemnly swear that I will administer justice without respect to persons and do equal rights to the poor and rich, and that I will faithfully and impartially perform and discharge all duties which may be required of me as judge of the city court of Lexington, of this State, according to the best of my ability and understanding, agreeably with the laws and Constitution of this State, and the Constitution of the United States, so help me God, which oath shall be filed in the executive department. Qualifications. Oath. Sec. V. Be it further enacted by the authority aforesaid, That there shall be a solicitor of said city court, appointed by the Governor by and with the advice and consent of the Senate, whose first term of office shall be two years, and all subsequent terms thereafter, four years, and whose duties it shall be to prosecute for all offenses cognizable before said court. All vacancies in said office shall be filled by appointment by the Governor for the remainder of the unexpired term, and should a vacancy occur when the Senate shall not be in session, the Governor shall fill such vacancy by appointment and shall submit such appointment to the Senate at its next session thereafter. The solicitor shall receive the same fees for each written accusation that are allowed the solicitor-general for each indictment in the superior court, and his fees for all other services rendered shall be the same as are allowed the solicitor-general of the superior court. In the absence or disqualification of said solicitor, the city court judge shall appoint a solicitor pro tem., who shall receive the same fees as are allowed the regularly appointed solicitor of said court. Solicitor, appointment. Fees. Sec. VI. Be it further enacted by the authority aforesaid, That the solicitor of said court shall for his services in the Supreme Court be paid out of the treasury of the State in the same manner as the solicitor-general of the superior court is paid for like services rendered in the Supreme Court. Fees. Sec. VII. Be it further enacted by the authority aforesaid, That

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the judge of said court shall appoint a clerk of said court and his deputies, and said clerk shall before entering upon the duties of his office take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered on the book of minutes of said city court. He shall also before entering on the duties of his office, execute a bond with good security, in the sum of one thousand dollars, for the faithful discharge of the duties of his office, and shall hold his office during the pleasure of the court. Clerk. Oath. Bond. Sec. VIII. Be it further enacted by the authority aforesaid, That the judge of said court shall appoint a sheriff of said court and his deputies, and in his official connection with said court, he shall be known as the sheriff of the city court of Lexington. Before the entering upon the discharge of the duties of his office said sheriff shall execute a bond with good security in the sum of three thousand dollars, for the faithful discharge of the duties of his office. He shall have power to appoint a deputy or deputies with the consent of said judge. Said sheriff shall hold his office during the pleasure of the court. Sheriff. Bond. Sec. IX. Be it further enacted by the authority aforesaid, That all the duties and liabilities attached to the office of clerk of the superior court and to the office of sheriff of the superior court shall be attached to the office of clerk of the city court of Lexington and to the office of sheriff of the city court of Lexington, respectively, and that the judge of said city court of Lexington is empowered to enforce the same authority over said clerk and sheriff and their deputies as is exercised by the judge of the superior court over the clerks of the superior courts and sheriffs of the counties of Georgia. Duties of clerk and sheriff. Sec. X. Be it further enacted by the authority aforesaid, That the clerk of said city court shall be paid two dollars per day, and the sheriff thereof three dollars per day, for attendance upon said court, and unless otherwise specified in this Act, they and their deputies shall receive for all other services the same fees as are allowed by law for like services in the superior court, and for services rendered when no compensation is provided by law. They shall receive such compensation as the judge of said city court shall in his sound discretion allow. They shall be amenable to the same processes, and penalties as they are now amenable to as officers of the superior court, and they shall be entitled to the same remedies

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to enforce the collection of their fees and costs in said city court as they are now entitled to in the superior court. Per diem and fees. Sec. XI. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to issue writs of habeas corpus and to hear and dispose of the same in the same way and with the same power as the judge of the superior court. Habeas corpus. Sec. XII. Be it further enacted by the authority aforesaid, That the terms of said city court shall be monthly and quarterly, the monthly terms for the trial and disposition of criminal business to be held on the first Monday in each month, and the quarterly terms for the trial and disposition of either or both criminal and civil business, to be held on the first Mondays in February, May, August and November. The first term of said court under this Act shall be held on the first Monday in February, 1900. The terms of such court shall be held at the courthouse in the city of Lexington, in said county of Oglethorpe, for which, when necessary, juries shall be drawn as hereinafter directed, and shall last until the business is disposed of, unless sooner adjourned for good cause. The judge of said court shall, in his discretion, hold his court at the same place at any other time than the regular term for the transaction of criminal business which does not require a jury, as speedily as possible consistent with the interest of the State and the accused, and may also hold adjourned terms of the regular monthly and quarterly terms of said city court, for which he may draw new juries, or require the attendance of the same, as in his sound legal discretion may seem best. Said city court judge may also, in his discretion, set cases for trial at convenient times and the same may then be tried as of the term, whether court has been held from day to day until said time or not. Terms of court. Sec. XIII. Be it further enacted by the authority aforesaid, That suits in said city courts shall, in all respects, be conformable to the mode of proceedings in the superior court, except as hereinafter provided, but the process to writs shall be annexed by the clerk of said city court, be attested in the name of the judge thereof, and be directed to and served by the sheriff of the city court of Lexington, or his deputies thereof. Practice. Sec. XIV. Be it further enacted by the authority aforesaid, That in all matters pertaining to service, pleadings and practice, the laws governing the superior court when not inconsistent with this Act, and unless otherwise specially provided by this Act, shall be applicable to said city court. Practice.

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Sec. XV. Be it further enacted by the authority aforesaid, That the judge of said city court shall have the power and authority to hear and determine without a jury all civil causes over which said court has jurisdiction and to give judgment and execution therein; provided always, that either party in any cause shall be entitled to a trial by jury in said court upon the entering a demand therefor by himself or his attorney in writing on or before the call of the docket at the term to which the cause is returnable, in all cases when such party is entitled to a trial by jury under the constitution and laws of this State. Trials. Sec. XVI. Be it further enacted by the authority aforesaid, That all judgments obtained in said court shall be a lien on all property of the defendant or defendants throughout the State in the manner as judgments in the superior courts are, but property exempt from levy and sale under the laws of this State shall be exempt from levy and sale under process of said court, and all executions issuing from said court shall be tested in the name of the judge and signed by the clerk directed to the sheriff or his deputies of the city court of Lexington, and to all and singular the sheriffs or their deputies of the State of Georgia. Judgments, lien of. Executions. Sec. XVII. Be it further enacted by the authority aforesaid, That said court shall have jurisdiction of all claim cases where personal property is levied on under executions or other process from said court and such claims shall be tried in the same manner as claims in the superior courts. Claims to personalty. Sec. XVIII. Be it further enacted by the authority aforesaid, That claims to real property levied on under execution or other process, from said city court, shall be returned to the superior court of the county where such real property is situated and shall there proceed as other claims in the superior court. Claims to realty. Sec. XIX. Be it further enacted by the authority aforesaid, That all laws upon subjects of attachments and garnishments as to any manner whatever in the superior courts of this State shall apply to the said city court as if named with the superior court, so far as the nature of the city court will admit. Attachments in said court returnable to said court shall be directed to the sheriff or his deputies of the city court of Lexington, and to all and singular the sheriffs and constables of this State, and the judge of said court may or any justice of the peace or notary public may issue attachments, returnable to said city court under the same law governing the issuing of attachments returnable to the superior courts. Attachments and garnishments.

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Sec. XX. Be it further enacted by the authority aforesaid, That the garnishment and attachments proceedings and proceedings on distress warrants in said city court shall be conformable to the laws of the State on the subject in the superior courts. Practice. Sec. XXI. Be it further enacted by the authority aforesaid, That scire facias to make parties in any cause in said city court shall be had as in the superior courts, but scire facias shall run throughout the State and may be served by any sheriff or his deputy thereof. Parties, how made. Sec. XXII. 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, defences, set-offs, affidavits of illegality, arbitration, examination of parties to suits, or witnesses by interrogatories, or under subp[oelig]nas, witnesses and their attendance, continuances or other matters of a judicial nature within the jurisdiction of said city court shall be applicable to said city court. Practice. Sec. XXIII. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to cause testimony to be taken and used de bene esse and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the laws of the State, and the judge and all other officers of said city court shall have power respectively to administer all oaths pertaining to their office as the judge and other officers of the superior court may in like cases do, and said judge shall have power to attest deeds and other papers and administer affidavits in all cases anywhere in the State in which by existing laws deeds and papers may be attested, and affidavits administered by justices of the peace of this State, and the judge of the said city court shall have all the powers and authority throughout his jurisdiction of judges of the superior courts, and all laws relating to the governing judges of the superior court shall apply to the said judge of the city court, so far as the same may be applicable, except as herein provided. Judge, powers of. Sec. XXIV. Be it further enacted by the authority aforesaid, That the said city court of Lexington shall be a court of record and shall have a seal, and the minutes, records, order and other books and files that are required by law and used 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 clerks and sheriffs in said superior courts shall apply to them in said city courts except where they conflict with the provisions of this Act. Court of record. Sec. XXV. Be it further enacted by the authority aforesaid, That all laws regulating the enforcing of judgments of the superior

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courts whether civil or criminal shall apply to the said city court and executions shall issue and be levied and sale be had thereunder under the same rules and laws regulating the same in the superior courts. Judgments, how enforced. Sec. XXVI. Be it further enacted by the authority aforesaid, That the judge of said city court 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. XXVII. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of said city court of Lexington to prepare and file in his office a complete copy of the traverse jury list of the superior court of Oglethorpe county as provided from time to time for such superior court. From said copy so made traverse jurors for said city court shall be drawn in the following manner: The clerk of said city court of Lexington shall write upon separate tickets the names of each traverse juror and shall number the same and place the same in a box to be prepared for the purpose, from which shall be drawn sixteen traverse jurors in the manner as now required by law in the superior courts. All laws with reference to the drawing, selecting and summoning traverse and tales-traverse jurors in the superior courts shall apply to the city court, except that the sheriff shall be paid five dollars for summoning said jurors. All exemptions from jury duty now of force in the county of Oglethorpe shall apply and be of effect in the said city court; provided, that juries for the first term of said court shall be drawn as provided by this Act on first Monday in January, 1900. Jury lists. Sec. XXVIII. Be it further enacted by the authority aforesaid. That all laws in reference to the qualification, relations, empaneling, fining and challenging jurors now in force in this State, or hereafter enacted by the General Assembly, relating to the same in the superior courts, shall apply to and be observed in said city court, except where inconsistent with the provisions of this Act. Jurors. Sec. XXIX. Be it further enacted by the authority aforesaid, That the sixteen jurors drawn and summoned as above provided shall be empaneled and in all cases civil or criminal trial by a jury of twelve shall be had in said court when so demanded, but a trial by a jury of twelve may be waived and in that event the jury shall be selected as follows: In civil cases each side shall have four strikes, and criminal cases the defendant shall have five strikes,

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and the State three strikes. Eight shall thus constitute a jury. When a jury of eight shall have returned for the purpose of considering a case, the parties in any case may by consent, agree to use the remaining eight jurors for the trial of such case and this shall constitute a legal jury. If either party in a civil case or defendant in a criminal case declines to waive trial by jury of twelve, then in civil cases each side shall be allowed two strikes and in criminal cases the defendant shall be allowed three strikes and the State one strike from said panel. The jurors, those drawn on the regular panel, and likewise the talesmen which the judge of said court is hereby empowered to have summoned instanter at any term of said court whenever necessary to complete a panel, shall each receive the sum of two dollars per day while serving as jurors in said court, the same to be paid under the rules governing the payments of superior court jurors. Panels. Sec. XXX. Be it further enacted by the authority aforesaid That the sheriff of said court is authorized, with the approval of the judge, to appoint at each term of said court not exceeding two bailiffs as officers of said court, who shall receive for their services one dollar and a half per day. Bailiffs. Sec. XXXI. Be it further enacted by the authority aforesaid, That all criminal cases in said city court shall be tried by the judge thereof without a jury, except when the accused in writing shall demand a jury. A plea to the accusation shall be a waiver of the jury, and the accused may not thereafter have the right to recall such waiver except in the discretion of the court. If upon the trial of any case it shall appear to the judge that the evidence makes the case a felony against the accused, he shall thereupon suspend the trial and commit or bail over the defendant to the next superior court as in preliminary examinations. Criminal cases, trial of. Sec. XXXII. Be it further enacted by the authority aforesaid, That the defendants in criminal cases in said city court shall be tried on a written accusation, setting forth plainly the offense charged, founded upon an affidavit of the prosecutor and signed by the solicitor of said city court, and in all criminal cases within the jurisdiction of said city court the defendant shall not have the right to demand an indictment by the grand jury of Oglethorpe county. All the proceedings after accusation shall conform to the rules governing like cases in the superior courts, except there shall be no jury trial unless demanded by the accused as hereinbefore provided. In all cases tried the accusation shall set forth the

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offense charged with the same particularity both as to matter of form and substance as is required by the laws and rules of criminal pleading to be observed in bills of indictment in the superior court. Accusations. Sec. XXXIII. Be it further enacted by the authority aforesaid, That the judge of the superior court shall send down from the superior court of Oglethorpe county to said city court for trial and final disposition, all presentments and indictments for misdemeanors which may be undisposed of at the close of each term of the superior court, and the order transmitting such cases shall be entered on the minutes of both of said courts. Cases transfered from superior court. Sec. XXXIV. Be it further enacted by the authority aforesaid, That it shall be the duty of all justices of the peace and notaries public of Oglethorpe county to bind over to said city court all persons charged with offenses committed within the limits of Oglethorpe county, over which said city court has jurisdiction, there to answer for said offenses. Appearance bonds. Sec. XXXV. Be it further enacted by the authority aforesaid, That a writ of error shall be direct from said city court to the Supreme Court of this State upon a bill of exceptions filed under the same rules and regulations as govern and control the issue of writs of error and filing of bills of exceptions in the superior courts of this State. Writ of error to supreme court. Sec. XXXVI. Be it further enacted by the authority aforesaid, That in all cases in said city court, the same powers and rights as to waivers, pleadings, or procedure or other matters pertaining to the same, shall be allowed and upheld by the laws and rules to parties in said superior courts. Practice. Sec. XXXVII. Be it further enacted by the authority aforesaid. That all cases civil and criminal now pending and undisposed of in the city court of Oglethorpe county shall be, and are, hereby transferred to said city court of Lexington, and the same shall be placed upon the proper dockets in said city court, and shall be tried and disposed of as other cases in said city court. All final and other processes now in the hands of the sheriff, bailiffs, or other officers which are made returnable to the city court of Oglethorpe county, shall be by them returned to said city court of Lexington. The judge and other officers of said city court shall have power and authority to issue and enforce in the name of said city court, any and all processes in any case from the city court of Oglethorpe county necessary to the final disposition of the same, which from any cause have not been issued and forced by the officers of the

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city court of Oglethorpe county; all records, books and papers disposed of and of file in said city court of Oglethorpe county shall be filed and deposited with the clerk of said city court of Lexington; all fi. fas. and final processes not satisfied now in the hands of the sheriff of said city court of Oglethorpe county shall be levied and enforced by the sheriff of said city court of Lexington and returns thereof made in said city court. Cases transferred from county court. Sec. XXXVIII. Be it further enacted by the authority aforesaid, That the judge of said city court shall have the power to grant a new trial in any case, civil or criminal, in his court, upon the same terms and conditions and under the same laws and regulations in every respect governing the granting of new trials in the superior courts. All rules of pleading, practice, and procedure governing motions, rules nisi, and other proceedings in new trials in the superior court shall apply to and govern the same in said city court. When a criminal case is heard at a special session of said city court and the defendant desires to move for a new trial, such motion must be made and passed upon by the judge of said city court within five days after the rendition of the judgment complained of and not afterwards, unless for good cause, for the time may, by order, be granted in the discretion of the judge of said court. In other respects such motions shall be governed by the ordinary rules aforesaid. New trials. Sec. XXXIX. Be it further enacted by the authority aforesaid, That all suits against joint obligors, joint promisors, copartners or joint-trespassers in which any one or more resides in the county of Oglethorpe, may be brought in said court, whether its jurisdiction is already stated under the same rules and regulations governing such cases in the superior court, mutatis mutandis as to copies, second originals, returns and other matters connected with the suit. Suits against joint defendants. Sec. XL. Be it further enacted by the authority aforesaid, That all rules of the superior court relating to continuances, motions, pleas, and practice shall be applicable to said city court and shall obtain therein. Practice. Sec. XLI. Be it further enacted by the authority aforesaid, That the first term of said court to which a civil case is brought shall be the appearance or return term; the second shall be the trial or judgment term, and all the laws, rules and practices in said court with reference to the terms thereof, and to the continuance, pleadings, and trial of causes therein shall be the same as in the superior court unless otherwise provided in this Act. Appearance and trial terms.

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Sec. XLII. Be it further enacted by the authority aforesaid, That whenever the judge of said city court is, from any cause, disqualified from presiding and the judge of the superior court cannot, from any cause, preside in said court, as provided for in the constitution, then upon the consent of the parties, or upon their failure or refusal to agree, said cause shall be levied by a judge pro hac vice, selected in the same manner as now provided for in the superior court. Judge pro hac vice. Sec. XLIII. Be it further enacted by the authority aforesaid, That in case of the absence of the judge of said city court, at any term thereof, the sheriff or clerk of said court may adjourn it to such time as the judge may in writing direct, or if no direction be given, the court shall be adjourned to the next regular term. Adjournments. Sec. XLIV. Be it further enacted by the authority aforesaid, That all fines and forfeitures arising from cases tried in said city court shall be applied to the payment of the fees and costs of the solicitor, clerk and sheriff of said city court, including insolvent costs, the same to be distributed pro rata under the same rules and regulations governing the distribution of fines and forfeitures to the officers of the superior courts, the remainder, if any, to be paid into the county treasury; provided, however, that in all cases transferred from the superior court of Oglethorpe county to the said city court, the solicitor of the superior court shall be entitled to such solicitors' costs as shall have accrued on bills of indictment or special presentments up to the time of the transfer; provided further, that in all cases the magistrates binding over in any preliminary hearing shall be entitled to share as to his costs in the particular case, with the other officers of the said city court, upon the same terms in any fines or forfeitures that may arise therefrom. Fines and forfeitures, how applied. Sec. XLV. Be it further enacted by the authority aforesaid, That the commissioners of roads and revenues, or other proper officer of the county of Oglethorpe, shall provide a suitable place in the said city of Lexington for the holding of said court and provide the necessary books for keeping the dockets, minutes and records of said city court. Courthouse and records. Sec. XLVI. Be it further enacted by the authority aforesaid, That this Act shall go into effect immediately upon the approval of an Act before the present General Assembly to incorporate the city of Lexington, in Oglethorpe county, but this Act shall not be effectual until the Act above mentioned shall become a law. Sec. XLVII. Be it further enacted by the authority aforesaid,

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That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1899. MILTON SUPERIOR COURT, TERMS OF. No. 211. An Act to change the time of holding the spring term of Milton superior court, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the time of holding the spring term of Milton superior court shall be changed from the first Monday in February to the first Monday in March of each year. Milton superior court, terms of. Sec. II. Be it further enacted, That all writs and processes, orders, summonses and other proceedings returnable to said spring term of said court, prior to the passage of this Act shall be held and considered as returnable to the term as herein fixed and prescribed. Sec. III. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved November 29, 1899. COUNTY COURT OF OCONEE COUNTY. No. 254. An Act to amend an Act entitled an Act to amend the third section of the Act to provide for a solicitor for the county court of Oconee county, and provide compensation for the same, approved December the 18th, 1884. Section I. 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 Act be, and the same is hereby amended by inserting after the word guilty in the eighth line, on accusation, and five dollars in each case prosecuted to trial or plea of guilty on

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indictment or presentment found by the grand jury; so that said section, when amended, shall read, and be as follows: That the said solicitor of the county court shall receive as his compensation five dollars in each case prosecuted to conviction or plea of guilty on accusation, and five dollars in each case prosecuted to trial or plea of guilty on indictment or presentment found by grand jury; which shall be charged as part of the costs in each case, and in case the costs cannot be recovered from the defendant the said costs of the county solicitor shall be paid out of the fines and forfeitures of said county court. County court of Oconee county. Fees of solicitor. Sec. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 14, 1899. CITY COURT OF OGLETHORPE COUNTY. No. 250. An Act to abolish the city court of Oglethorpe county, and to provide that all cases pending therein, and all unfinished business, books, papers and records thereof, be transferred to the city court of Lexington, and for other purposes. Section I. 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 Oglethorpe county, established by recommendation of the grand jury of said county at the April term of the superior court of said county, 1899, shall be abolished. City court of Oglethorpe county abolished. Sec. II. Be it further enacted by the authority aforesaid, That all cases pending in said city court of Oglethorpe county shall be transferred to the city court of Lexington, to be disposed of as other cases therein. Cases transferred. Sec. III. Be it further enacted by the authority aforesaid, That all mesne and final process from the city court of Oglethorpe county which has not been executed shall be returnable to the city court of Lexington, 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 Lexington. Processes, return of. Sec. IV. Be it further enacted by the authority aforesaid, That all mesne and final process from the city court of Oglethorpe county

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not executed when this Act goes into effect may be executed by the officers having the authority to execute similar papers from the city court of Lexington. Processes, of return. Sec. V. Be it further enacted by the authority aforesaid, That all dockets, minutes, records, books and papers of the city, court of Oglethorpe county shall be turned over to the clerk of the city court of Lexington. Records. Sec. VI. 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 Lexington in Oglethorpe county, but this Act shall not be effected until the Act above mentioned shall become a law. Sec. VII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1899. PAULDING SUPERIOR COURT, TERMS OF. No. 298. An Act to change the time of holding the spring term of Paulding superior court. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the time of holding the spring term of the superior court of Paulding county shall be changed from the first and second weeks in January, to the second and third weeks in February in each year. Paulding superior court, terms of. Sec. II. Be it further enacted, That all petitions, writs, processes, orders, summons, and other proceedings returnable to said term of said court prior to the passage of this Act shall be held and considered as returnable to the term fixed by this Act. Returns. Sec. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved December 20, 1899.

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ROME CIRCUIT, SUPERIOR COURTS OF. No. 276. An Act to fix the time for holding the superior courts in the Rome circuit. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, Section I. That the superior courts of the Rome circuit shall be hereafter held as follows: For the county of Walker, on the third Mondays in February and August; For the county of Chattooga, on the second Mondays in March and September; For the county of Floyd, on the fourth Mondays in March and September. Each court to sit so long as the business may require, not conflicting, however, with the terms herein prescribed for said courts of the other counties of said circuit. Rome Circuit, terms of superior courts. Sec. II. Be it further enacted by the authority aforesaid, That all petitions, bills, bonds, writs, claims, summons, mesne and final processes, and suits of any description issued from, returnable to, or pending in said courts, respectively, as the terms are now provided for, shall hold good and relate to the terms of said courts, respectively, as changed, fixed and provided for by this Act, and that all grand and traverse jurors who may be drawn and summoned to attend said courts, respectively, as the terms are now provided by law, shall be required to attend the terms of said courts, respectively, as changed, fixed and provided for by this Act. Returns. Sec. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899.

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CITY COURT OF SAVANNAH, CLERK AND SHERIFF OF. No. 202. An Act to provide for the election by the people of Chatham county of the clerk and sheriff of the city court of Savannah for the term of two (2) years at the election for county officers to be held on the first Wednesday in October, 1900, and biennially thereafter; to cause the terms of the officers so elected to begin on the first day of the January succeeding the election; to terminate the terms of the present incumbents on the first day of January, 1901, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, That on the first Wednesday in October, 1900, at the election for county officers, there shall be elected by the qualified voters of Chatham county a clerk of the city court of Savannah, and a sheriff of the city court of Savannah for the term of two (2) years, and biennially thereafter. The said election shall be under the terms, conditions and regulations which appertain to the election for county officers. The result of the election shall be certified as is the result of the election for the clerk and sheriff of the superior court of Chatham county. The successful candidates shall be commissioned by the Governor of the State, and shall qualify and give the bond as is now required with reference to the clerk and sheriff, respectively, of the superior court of Chatham county. City court of Savannah, election of clerk and sheriff of. Sec. II. Be it further enacted, That the terms of the clerk and sheriff of the city court of Savannah so elected, shall begin on the first day of the January succeeding the election, and the terms of the present incumbents shall expire on the first day of January, 1901. Terms [Illegible Text] Sec. III. Be it further enacted, That all laws and parts of laws in conflict with this law are hereby repealed. Approved November 25, 1899.

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COUNTY COURT OF TROUP COUNTY ABOLISHED. No. 304. An Act to repeal an Act entitled an Act to create a county court in each county in the State of Georgia, except certain counties therein mentioned, approved January 19th, 1872, and all Acts amendatory thereof, so far as the same applies to the county of Troup; to provide for the disposition of business pending therein, and the court papers, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the above recited Act and all amendments thereof as now embodied in the Code of 1895, from sections 4170 to 4217, inclusive, be, and the same are hereby repealed, so far as they apply to the county of Troup, and the county court of Troup county is hereby abolished; provided, however, that this Act shall not go into effect until the passage of an Act to create a city court of LaGrange in the county of Troup. County Court of Troup county abolished. Sec. II. Be it further enacted by the authority aforesaid, That the civil and criminal business pending and undisposed of in said county court on the 1st day of January, 1900, shall be transferred to the city court of LaGrange, when said city court of LaGrange is established, for trial and final disposition. Cases in, transterred. Sec. III. Be it enacted further by the authority aforesaid, That all fi. fas. and other final processes of said county court now unsatisfied shall be executed by the sheriff of said county, and all issues or claims raised by reason of the enforcement of said [Illegible Text]. fas. or other final processes, shall be returned to the city court of LaGrange for trial and final disposition. Returns Sec. IV. Be it further enacted by the authority aforesaid, That all books, records and papers now belonging to or appertaining to the said county court, shall be deposited with the clerk of the city court of LaGrange, when established for the purposes specified in this Act, and for their protection, preservation and prosecution. Records of. Sec. V. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 20, 1899.

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CITY COURT OF WASHINGTON. No. 220. An Act to establish the city court of Washington in and for the county of Wilkes; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define their powers and duties, and to abolish the present city court of Wilkes county, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the city court of Washington, to be located in the city of Washington, in the county of Wilkes, is hereby established and created, with civil and criminal jurisdiction over the whole county of Wilkes, concurrent with the superior court to try and dispose of all civil cases of whatsoever nature, except those of which the constitution of the State has given the superior court exclusive jurisdiction, and with criminal jurisdiction to try and dispose of all offenses below the grade of felony committed in the county of Wilkes; that the jurisdiction herein conferred shall include not only the ordinary suits by petition and process, but also all other kinds of suits and proceedings, which now or hereafter may be in use in the superior courts, either under the common law or by statute, including among others attachments and garnishment proceedings, illegalities, counter affidavits to any proceeding from said court, statutory awards, proceedings against intruders and tenants holding over, partition of personalty, issues upon distress warrants, foreclosures of all liens and mortgages, and quo warrantos. City court of Washington established. Jurisdiction. Sec. II. Be it further enacted, That there shall be a judge of said city court, who shall be appointed by the Governor under the same rules as now govern the appointing of such officers; said judge when so appointed shall hold his office for the term of four years. All vacancies shall be supplied in like manner. The judge of said city court shall receive a salary of one thousand dollars per annum, which shall not be diminished or increased during his continuance in office, and it shall be paid monthly by the treasurer of Wilkes county out of the general fund in the treasury belonging to said county. And it shall be the duty of the commissioners of roads and revenues of said county, or other proper officer, to make provision

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annually, in levying the taxes, for this purpose. The said judge shall receive no other compensation. Judge, his appointment. Salary. Sec. III. Be it further enacted, That no one shall be eligible to the office of said judge unless he be at the time of his qualification at least twenty-seven years of age, a resident of Wilkes county for four years immediately preceding his appointment, and must have practiced law continuously for five years. He shall, before entering upon the duties of his office, take and subscribe the following oath: I solemnly swear that I will administer justice without respect of persons, and do equal rights to the poor and rich, and that I will faithfully and impartially perform and discharge all the duties which may be required of me as judge of the city court of Washington, of this State, according to the best of my ability and understanding agreeably to the laws and constitution of this State and the constitution of the United States. Which oath shall be filed in the executive department. Qualifications. Oath. Sec. IV. Be it further enacted, That the judge of said city court shall have authority to issue criminal warrants, warrants to dispossess tenants holding over, to issue and dispose of distress warrants, 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. Said judge shall also have power to have testimony to be taken de bene esse, and for the purpose of perpetuating testimony within his jurisdiction in all cases, according to the general laws of this State. And the judge and all other officers of said city court shall have power, respectively, to administer oaths pertaining to their respective offices, as the judge and other officers in the superior court may in like cases do, and said judge shall have power to attest deeds and other papers, and administer affidavits in all cases anywhere in the State in which by existing laws such papers may be attested and affidavits administered by a justice of the peace of this State. And the judge of said city court shall have all the power and authority throughout his jurisdiction, of judges of superior courts, except when by law exclusive power and authority is vested in the judges of the superior courts, and all laws relating thereto and governing the judges of the superior courts shall apply to said judge of said city court, so far as the same may be applicable, except as herein provided. Powers. Sec. V. Be it further enacted, That the judge of said city court may practice law in any of the courts of this State or of the United States except the city court and the Supreme Court in writs of

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error from the city court. The judge of the city court shall have power to issue writs of habeas corpus, and to hear and dispose of the same in the same way and with the same power as the judges of the superior courts. May practice law. Habeas corpus. Sec. VI. Be it further enacted, That the judge of said city court shall have power to grant a new trial in any case, civil or criminal, in his court, upon the same terms and conditions, and under the same laws and regulations in every respect governing the granting of new trials in the superior courts, except as otherwise provided in this Act. All rules of pleading, practice and procedure governing motions, rules nisi, and other proceedings in new trials in the superior courts, shall apply to and govern the same in said city court, unless otherwise provided in this Act. When a criminal case is heard at a special session of said city court, and the defendant desires to move for a new trial, such motion must be made within two days, and passed upon by the judge of said city court within five days after the rendition of the judgment complained of, and not afterwards, unless for good cause, further time may by order be granted, in the discretion of the judge of said city court. In all other respects, such motion must be governed by the ordinary rules aforesaid. Upon the new trial of a case, either party in a civil case, except where the principal amount is fifty dollars or under, as provided in section XVII. of this Act, or the defendant in a criminal case, shall have the right to demand a jury trial, without regard to whether or not the preceding trial of the case was with or without jury. New trials. Sec. VII. Be it further enacted, That a writ of error direct from the said city court of Washington to the Supreme Court of this State shall be upon bills of exceptions, filed 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 courts of this State. Writ of error to supreme court. Sec. VIII. Be it further enacted, That in the absence of the judge of said city court, from indisposition or otherwise, from any term of said city court, it shall be the duty of the clerk or sheriff of said court to open and adjourn said court to such day as the judge in writing may direct. The judge of said city court may hold adjourned terms of said court when in his discretion the same is advisable, and the jurors summoned to the quarterly term immediately preceding such adjourned term shall serve at such adjourned term. Adjournments of court. Sec. IX. Be it further enacted, That the sessions of said city

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court shall be held in the court-house of Wilkes county, in said city of Washington, or at some other place in said city, if at any time it should become necessary in the opinion of the judge of said city court. Sec. X. Be it further enacted, That when the judge of said city court is disqualified from presiding, the judge of the superior court may preside in his stead, and if the judge of the superior court can not, from any cause, preside, then upon the consent of the parties, or upon their failure to agree, said case shall be tried by a judge pro hac vice, selected in the same manner as now provided for in the superior court, or any judge of any city court in this State, may preside in said city court of Washington, in any and all cases, whether said judge of said city court of Washington is disqualified or not. Judge pro hac vice. Sec. XI. Be it further enacted, That there shall be a solicitor of the city court, who shall be appointed by the Governor, by and with the advice of the Senate, who shall hold his office for the term of four years. All vacancies in said office shall be filled by appointment of the Governor for the remainder of the unexpired term, and should a vacancy occur when the Senate shall not be in session, the Governor shall fill such vacancy by appointment, and shall submit such appointment to the Senate at its next session thereafter. No person shall be appointed solicitor of said city court, unless at the time of his appointment he shall have arrived at the age of twenty-three years, and shall be a resident of said county, and shall be a practicing attorney at law two years before his appointment. Said solicitor, before entering upon the duties of his office, shall give bond with good security in the sum of $500.00, conditioned for the faithful discharge of the duties of his office, and shall in addition to the oath required for all civil officers, take and subscribe the following: 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 Washington, 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 shall fail or be disqualified to act in any case, the court shall have power to appoint a solicitor pro tem. Solicitor, appointment. Qualifications. Oath. Sec. XII. Be it further enacted, That it shall be the duty of the solicitor of said city court to represent the State in all cases in said

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city court, and in cases carried up to the Supreme Court from said city court, to which the State shall be a party, and shall perform therein such other duties as usually appertain to this office. In case the solicitor of said city court can not attend to the duties of the same, the judge of said city court shall appoint some competent attorney to act as solicitor pro tem. The fees of the solicitor shall be as follows: For every case founded on accusation (not including reduced felonies) finally disposed of in the city court, ten dollars. For every indictment or special presentment (not including reduced felonies) finally disposed of in the city court, five dollars. For every case for the violation of the gambling laws of this State, twenty-five dollars. For reduced felonies, and for all other services not provided for by this Act, the same fees as are allowed solicitors-general for like cases and services in the superior courts. For representing the State in every case carried to the Supreme Court from said city court, fifteen dollars. Duties. Fees. Sec. XIII. Be it further enacted, That the solicitor of the said city court shall for his services in the Supreme Court be paid out of the treasury of the State by warrant drawn by the Governor upon the certificate of the clerk of the Supreme Court as to the performance of the services, and the certificate of the clerk of the city court of the insolvency or acquittal of the defendant. Fees. Sec. XIV. Be it further enacted, That the judge of said city court shall have the same power to appoint bailiffs at each term of the court that the judges of the superior courts have, who shall be entitled to two dollars per day. Bailiffs. Sec. XV. Be it further enacted, That there shall be a clerk of said city court who shall be appointed by the judge thereof; said clerk shall, before entering on the duties of his office, take and subscribe an oath before the judge of said city court, to faithfully and impartially discharge the duties thereof; he shall also, before entering on the duties of his office, execute a bond with good security in the sum of one thousand dollars, for the faithful discharge of the duties of his office, said bond to be approved by the judge of said court, and the oath and bond aforesaid shall be recorded in the clerk's office of said city court, after which the bond shall be deposited in the office of the ordinary of said county. Said clerk shall have the same power to administer affidavits and attest deeds and other papers as is vested in the clerks of the superior courts of this State. It is also provided that the clerk of the superior court of said county shall be eligible to hold the office of clerk of said

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city court, and the judge of said city court may, if he sees proper, appoint him to that office. Clerk. Oath. Bond. Sec. XVI. Be it further enacted, That the sheriff of Wilkes county and his deputies shall be, by virtue of their offices, sheriff and deputy sheriffs of the city court of Washington. For services rendered in the discharge of their duties as officers of said court they shall be allowed the same fees as are now allowed, or that may be hereafter allowed by law, for the discharge of similar duties performed by them as officers of the superior court, except as otherwise provided in this Act. The judge of the city court may, in his discretion, appoint one or more special officers, who shall be styled sheriff of the city court of Washington, who shall have the same powers as the sheriff of Wilkes county to serve and execute all writs, fi. fas., and all other processes, warrants and papers issuing from the said city court, and who shall be entitled to the same fees as the said sheriff of Wilkes county and his deputies under this Act. The judge shall require said sheriff of the city court, before entering on his duties as such, to take an oath, to be recorded on the minutes of said city court, faithfully to perform the duties as such sheriffs. Said judge of the city court shall also require of such sheriffs a bond in the sum of two thousand dollars, to be made payable and with the same conditions as the bond given by the sheriff of Wilkes county. The judge of said city court is empowered to exercise the same authority over the clerk of said city court and over said sheriff and his deputies, and said sheriffs of said city court as is exercised by the judge of the superior courts over the clerks of the superior courts and sheriffs of the counties of Georgia. Sheriff. Duties. Fees. Oath. Bond. Sec. XVII. Be it enacted, That in said city court the same rules of procedure, service, pleadings and practice shall govern, as for the time being obtain in the superior courts, except as otherwise provided in this Act, and whenever and in all cases where the rules of the superior courts can not be made applicable on account of the difference in the constitution of said courts, then the said city court judge may make and promulgate rules to cover such cases. Suits for not over one hundred dollars principal, and all issues and proceedings, when not over one hundred dollars in value is involved, shall be returnable to the monthly sessions of said court, and stand for trial at the first term by the judge, without the intervention of a jury; provided, that in any such case where more than fifty dollars principal is involved, and an issuable defense is filed on oath, and a jury is demanded, such case shall be transferred to the next quarterly

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term of said court, and shall there stand for trial by a jury. Ordinary suits brought to said monthly sessions shall be filed in the clerk's office of said court at least fifteen days before the term to which they are returnable, and the same shall be served at least ten days before the said term. All other causes and proceedings must be brought to the quarterly terms, and stand for trial at the first or second term, as similar causes would be tried in the superior courts. All judgments obtained in said court shall be a lien on all property of the defendant or defendants throughout the State in the same manner as judgments of superior court are. 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 Washington 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 any sheriff or constable or other officer authorized by law to levy attachments returnable to other courts. Garnishment proceedings in said city court shall be conformable to the laws in the State on the subject in the superior court. Practice. Judgment at first term. Jury trial. Judgments, lien of. Attachments and garnishments. Sec. XVIII. Be it further enacted, That suits in said city court shall in all respects be conformable to the mode of proceedings in the superior courts, except as herein provided; but the process to writs shall be annexed by the clerk of said city court, shall be attested in the name of the judge thereof, and shall be directed to and served by the sheriff and his deputies of Wilkes county, and the sheriffs of the city court of Washington. The general laws of this State with regard to the commencement of suits in the superior courts, defenses, sets-off, affidavits of illegality, arbitration, examinations of parties to suits, or witnesses by interrogatories or under subp[oelig]na, including testimony de bene esse, witnesses and their attendance, continuances and other matters of a judicial nature within the jurisdiction of said city court, shall be applicable to said city court unless otherwise provided in this Act. It shall be competent to make additional parties in suits or proceedings in said city court, where it is necessary to determine the rights of interested persons without reference to who are the original parties or what the nature

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of the proceedings. Parties may make defenses on all grounds, whether legal or equitable. Practice. Sec. XIX. Be it further enacted, That the terms of said city court shall be monthly and quarterly. The monthly terms to be held on the second Monday in each month, and the quarterly terms to be held on the third Mondays in January, April, July and October; provided, that the city court judge may from time to time change the time for holding said court, such change to be advertised one time in the newspaper where the sheriffs sales are published; such terms to be as near equidistant as convenience will admit. The term of such court shall last until the business is disposed of; and the judge may set cases for trial at convenient times and the same may then be tried as of term, whether court has been held from day to day until said time or not. Terms of court. Sec. XX. Be it further enacted, That all laws regulating the enforcing of judgments of the superior courts, whether civil or criminal, shall apply to said city court. The judge of said city court shall have the same power to enforce his orders, to preserve order, punish for contempt, and to enforce all his judgments, as is vested by law in the judges of the superior courts of this State. [Illegible Text], how enforced. Sec. XXI. Be it further enacted, That traverse jurors in the city court of Washington 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 upon said superior court lisits in the city court jury box, from which shall be drawn traverse juries to serve in the city court of Washington. All laws with reference to the drawing and summoning and empaneling of traverse jurors in the superior courts shall apply to the city court of Washington, and said city court judge shall have the same power to summon tales jurors for the city court that the judges of the superior court have for the superior courts. Jurors in said city court shall receive the same pay, and be paid in the same manner and under the same rules and regulations as jurors in the superior courts are paid, or hereafter may be paid. Jurors, how selected. Sec. XXII. Be it further enacted, That all laws with reference to the qualification, empaneling, challenging, and fining of 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 court,

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except when inconsistent with the provisions of this Act. In all cases where issues are to be tried by a 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 governing the selection of juries in the superior courts shall apply to the city court of Washington, unless inconsistent with the provisions of this Act. And during the sessions of each quarterly term of said court, the judge presiding in said court shall, in open court, draw the jury for the next quarterly term thereof; provided, if from any cause the jury shall not be drawn as aforesaid, the judge of said city court may draw them at any other time. The sheriff shall be entitled to a fee of five dollars for summoning jurors to quarterly terms. Panels Sec. XXIII. Be it further enacted, That the clerk of said court shall for all suits brought to the quarterly terms of said court, be entitled to the same fees as clerks of the superior courts, and for suits brought to the monthly terms, his fees for the entire service, not including subp[oelig]nas, shall be two dollars, except where there is more than one defendant, when he shall be entitled to fifty cents for each extra defendant, for each subp[oelig]na fifteen cents, for each commission to take interrogatories fifty cents, for each criminal case tried on accusation in said court and each criminal case transferred from the superior court three dollars, for each day's attendance on the quarterly terms two dollars, for all other services the same fees as clerks of the superior courts. The sheriff of said [Illegible Text] shall be entitled to the same fees as sheriff of the county, except in cases brought to the monthly terms, he shall be entitled to only one dollar for serving each defendant, and same fees allowed constables for selling property under executions from the monthly terms, and two dollars per day for attendance upon the quarterly terms. Clerk, fees of. Sheriff's fees. Sec. XXIV. Be it further enacted, That sales made under execution or other process from the quarterly terms, shall be governed by the same rules and regulations as under superior court executions, and sales made under executions or other process from the monthly terms may be made after advertising the property ten days at three public places in said county. All other sales shall be made under rules prevailing and governing in the superior court. All executions issuing from said city court shall be attested in the name of the judge, and signed by the clerk of said court, and directed to

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the sheriff and his deputies of Wilkes county and the sheriff of the city court of Washington. Executi'ns, sales under. Sec. XXV. Be it further enacted, That the judge of said city court shall have the power and authority to hear and determine without a jury all civil causes of which the said court has jurisdiction, and to give judgment and execution therein; provided, always, that either party in any cause shall be entitled to a trial by jury in said court, upon entering a demand therefor by himself or his attorney in writing, on or before the call of the docket at the term to which the cause is returnable, in all cases where such party is entitled to a trial by jury under the Constitution and laws of this State, except as provided in section XVII. of this Act. Trials. Sec. XXVI. Be it further enacted, That said city court shall have jurisdiction to try all claim cases where personal property is levied on under process from said city court, and all issues made upon proceedings to forfeit bonds taken in cases in said city court, or transferred thereto, and to proceed to forfeit such bonds or recognizances as are given by persons charged with penal offenses or by a prosecutor to prosecute, or by a witness to appear and testify in cases in said city court, in the manner heretofore practiced in this State, whatever may be the amount of such bond or recognizance, and the rule nisi in cases of forfeiture of all such bonds for appearance at special terms, where the amount of the bond does not exceed one hundred dollars, shall be made returnable to and be disposed of at the next monthly term of said court, sitting not less than fifteen days after the granting of said rule; provided, said rule must be served at least ten days before said term, and where the amount of said bond is over one hundred dollars, the said rule shall be made returnable to and be disposed of at the next quarterly term of said court sitting not less than twenty days after the granting of said rule, said rule to be served fifteen days before said quarterly term. Claims to personalty. Forfeitures. Sec. XXVII. Be it further enacted, That scire facias to make parties and waive judgments may be had as in the superior courts, but such scire facias shall run through the State, and may be served by any sheriff, or his deputy thereof. Parties, how made. Sec. XXVIII. Be it further enacted, That any writ or process of said city court to be served in any other county than Wilkes, shall be served by the same officers of the county of service as may serve the superior court process, and parties out of the State may be served as in the superior courts. Service. Sec. XXIX. Be it further enacted, That all suits against joint

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obligors, joint promisors, copartners, or joint trespassers, in which any one or more reside in the county of Wilkes, may be brought in said court within its jurisdiction, under the same rules and regulations governing such cases in the superior courts, mutatis mutandis, as to copies, second originals, returns, and other matters connected with the suit. Suits against joint defendants. Sec. XXX. Be it further enacted, That said city court shall be a court of record with a seal, and the minutes, stationery, books, records, dockets and files that are required to be kept in the superior courts shall be kept in and for said city court, and the judge of said city court is authorized to procure such, to be paid for by the treasurer of said county on the order of said judge. Court of record. Sec. XXXI. Be it further enacted, That all rules of the superior courts relating to continuances, motions, pleas and practice, shall be applicable to said city court, and shall obtain therein, unless otherwise provided in this Act. Rules. Sec. XXXII. Be it further enacted, That when any execution issued from said city court of Washington shall be levied on any realty in this State, and claim be filed thereto, it shall be returned to the superior court of the county where such realty lies, for trial and determination, as other claim cases returned to the superior court. Claims to realty. Sec. XXXIII. Be it further enacted, That all laws now of force in this State, or that may be passed in reference to any matters over which said city court of Washington has jurisdiction, shall apply to said city court, so far as the nature of the same will admit. Jurisdiction. Sec. XXXIV. Be it further enacted, That all cases, civil and criminal, now pending and undisposed of in the city court of Wilkes county, shall be, and the same are, hereby transferred to said city court of Washington, and the same shall be tried and disposed of as other cases in the city court of Washington; all dockets, records, books and papers of the city court of Wilkes county shall be turned over to be used and disposed of by the city court of Washington. The judge and other officers of the city court of Washington shall have power to issue and enforce in the name of the city court of Washington, any and all processes in any case from the city court of Wilkes 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 Wilkes county. All final and other processes heretofore issued returnable to the city court of Wilkes county shall be returned to the city court of Washington. All

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fi. fas. and final processes not satisfied, issued from the city court of Wilkes county, may be levied and enforced by the officers of and in the same manner as similar papers from the city court of Washington; this transfer and disposition to include all cases, matters and processes of whatever nature, originating in the county court of Wilkes county, and which are yet undisposed of and unfinished. Cases transferred. Sec. XXXV. Be it further enacted, That it shall be the duty of all committing courts in the county to bind over to said city court for trial, or to commit for trial, by said city court, all persons committed, or admitted to bail by them for misdemeanors, and all persons charged with such offenses in said county may be brought directly before the judge of said city court for trial, without any previous committing trial. Whenever any person is committed to jail in said county for an offense within the jurisdiction of said city court, it shall be the duty of the jailor to communicate that fact to the judge of said city court as soon as practicable, and it shall be the duty of the judge on receiving such information in any manner to grant as speedy a trial as the circumstances of the case will per mit. Said city court shall all the time be open for the trial of criminal cases. Criminal cases. Sec. XXXVI. Be it further enacted, That all criminal cases in said court, including cases transferred from the superior court of Wilkes county, shall be tried by the judge thereof, without a jury, unless a jury is demanded by the defendant, and before the defendant is arraigned, either on an indictment, presentment, or accusation, the judge shall inquire of the defendant whether he demands a trial by jury, and the response of the defendant shall be entered on the indictment, presentment or accusation by the prosecuting officer of said court. If the defendant demands a trial by jury, and the said city court is not sitting at a regular term, the judge shall admit the defendant to bail to appear at the next quarterly term, or on the defendant's failure to give bond, shall commit him to jail to await his trial at a quarterly 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. Trials Sec. XXXVII. Be it further enacted, That defendants in criminal cases in said city court shall be tried on a written accusation setting forth plainly the offense charged, founded upon an affidavit of the prosecutor, and signed by the solicitor of said city court, and

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in all criminal cases within the jurisdiction of said city court, the defendant shall not have the right to demand an indictment by the grand jury of Wilkes county. All the proceedings after accusation shall conform to the rules governing like cases in the superior courts, except there shall be no jury trial unless demanded by the accused as hereinbefore provided. In all cases tried, the accusation shall set forth the offense charged with the same particularity, both as to matter of form and substance, as is now, or hereafter may be allowed and required by the laws and rules of criminal pleading to be observed in bills of indictment in the superior courts. If upon the trial of any case, it shall appear to the judge that the evidence makes the case a felony against the accused, he shall thereupon suspend the trial, and commit or bail over the defendant to the next superior court, as in preliminary examinations. Accusation. Sec. XXXVIII. Be it further enacted, That the judge of the superior court of said county may by order transmit to said city court for trial all presentments and bills of indictment found by the grand jury for offenses within the jurisdiction of said city court, the order so transmitting such cases to be entered on the minutes of both courts. All bonds returnable to the superior court shall follow the case to the city court when so transferred, and the defendant in such case be bound to appear in said city court at its first monthly sitting after such bill is transferred. Cases transferred. Sec. XXXIX. Be it further enacted, That in misdemeanor cases transferred from the superior court to the city court of Washington, 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. Sec. XL. Be it further enacted, That all convicts from said city court who are taken charge of by the county authorities, and by them put to work on the public roads of said county, or other public works of said county, the said county authorities shall pay into the county treasury of said county, such sum for hire of each of said convicts, as the judge of said city court of Washington, and said county authorities may agree upon, and that is reasonable and just, and upon their failure to agree, the sum fixed by said judge shall be the sum paid; provided, however, the county authorities may decline to take them at the sum so fixed by the said judge, in which event, and in the event the county authorities for any other cause shall cease to so work said convicts, then the judge of said city court shall dispose of them as is or may be provided by law. The treasurer of said county shall pay the hire of said convicts to the proper

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officers of said city court, upon the order of the judge of said city court. Fines and forfeitures, and also convict hire, after the costs of the particular case have been paid, shall constitute the insolvent fund of said court, which shall by the judge of said court be appropriated pro rata between the solicitor, clerk and sheriff of said court on their insolvent cost bills in cases originating in said court. Such fund originating from cases transferred from the superior court to the city court shall be prorated between the above officers, and the solicitor-general and clerk and sheriff of the superior court on their bills for insolvent costs in transferred cases; provided, that in all cases the magistrates binding over in any preliminary hearing shall be entitled to share as to his costs in the particular case with the other officers of said city court, upon the same terms, in any fine and forfeitures, or convict hire that may arise therefrom. If at any time there shall be a surplus of the insolvent fund arising from cases originating in the said city court, the same shall be applied, first, to the unpaid insolvent bill of the officers of the city court of Wilkes county, which may be unpaid on the abolition of said court, and secondly, to the insolvent costs in transferred cases from the superior court, and if at any time there shall be a surplus of the insolvent fund arising in cases transferred, after paying all insolvent costs in transferred cases, the same shall be applied to insolvent costs in cases originating in the city court. The judge of said city court shall, before paying insolvent bills, approve the same and order them entered on the minutes of said city court, and such bills for insolvent costs shall be a lien on said insolvent funds superior to all other liens. The judge of said court shall at each quarterly term of said court, or oftener, in his discretion, distribute said insolvent fund according to the provisions of this section. Convicts, hire of. Fines, forfeitures and convict hire, how applied. Sec. XLI. Be it enacted, That if this Act shall become a law prior to the first Monday in December, 1899, which is the next term of the city court of Wilkes county, and the officials of said city court of Washington shall have qualified by that time, then the first term of the city court of Washington shall be held on said first Monday in December, 1899, and the jurors drawn for said term of the city court of Wilkes county shall be competent to serve at that time in said city court of Washington; provided, if this Act shall become a law prior to the said first Monday in December, 1899, but the officials of said court have not at that time qualified as such, then the jurors drawn to said term of the city court of Wilkes county shall atterd and serve at the January, 1900, quarterly term

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of said city court of Washington, at which term all suits and matters pending in or returnable to said December term shall stand for trial, judgment or disposition as if brought originally to said January term. First term. Sec. XLII. Be it further enacted, That the city court of Wilkes county shall be, and is, abolished, immediately upon the approval of this Act establishing the city court of Washington, and not until then. City court of Wilkes county abolished. Sec. XLIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 29, 1899. CITY COURT OF WAYCROSS. No. 366. An Act to amend an Act entitled an Act to establish the city court of Waycross, in and for the county of Ware; to define its jurisdiction and power; to provide for the appointment of a judge and other officers thereof; to define their powers and duties, and for other purposes, approved December 11th, 1897, so as to provide that defendants in criminal cases shall not have the right to demand an indictment by the grand juries of said county. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act entitled an Act to establish the city court of Waycross, in and for the county of Ware; to define its jurisdiction and power; to provide for the appointment of a judge and other officers thereof; to define their powers and duties, and for other purposes, be, and the same is, hereby amended, by striking therefrom in the thirtieth (30th) section of said Act, beginning at the word before in the twelfth (12th) line of said thirtieth (30th) section, down to and including the word indictment in the twenty-sixth (26th) line thereof, the following words, to wit: before the arraignment of defendant, and the said judge shall inquire of him whether he demands an indictment, and the response of the defendant shall be endorsed on said accusation and signed by the prosecuting officer in said court. If the defendant demands indictment, the judge of said court shall,

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in the event of the inability of the defendant to furnish proper bail, which shall be signed for his appearance to answer such indictment as may be found against him, conformable to the general law of bail in criminal cases, commit said defendant to the common jail of said county to await the action of the grand jury in such cases. In the event a true bill is found, or special presentment made in such cases and returned to said city court of Waycross, all subsequent proceedings shall be in conformity with the laws regulating the trial of misdemeanors in the superior courts. If the defendant waives indictment, said inserting in lieu of the foregoing stricken words, the following words, to wit: In all criminal cases within the jurisdiction of the said city court, the defendant shall not have the right to demand an indictment by the grand jury of the county of Ware. So that said section when so amended shall read as follows: Be it further enacted by the authority aforesaid, That the defendants in criminal cases in said city court of Waycross may be tried on written accusations setting forth plainly the offense charged, founded on affidavit made by the prosecutor; said affidavit shall be made before said judge, or other officer authorized to issue warrants, and said accusation shall be signed by the prosecuting officer in said court. Upon such affidavit and accusation being made and signed and filed in the clerk's office of said court, it shall be the duty of said judge of said court to issue a warrant for the apprehension and arrest of the defendant, directed to the sheriff of said city court of Waycross, or his deputy, and to all and singular the sheriffs and constables of said State. In all criminal cases within the jurisdiction of said city court, the defendant shall not have the right to demand an indictment by the grand jury of the county of Ware. The judge of said court shall inquire of him whether he demands a trial by jury, and the response of the defendant shall be endorsed on said accusation and signed by the prosecuting officer in said court. If the defendant demands a trial by jury, the judge of said court shall proceed with said case, if at a regular term of said court, according to the rules and laws of the superior courts applicable to the trial of misdemeanors. If the defendant demands a trial by jury, and the said court is not sitting at a regular term, the judge shall admit the defendant to bail to appear at the next regular term, or, on defendant's failure to give bond shall commit him to jail until the next regular term of said court. If the defendant waives trial by jury then the said judge shall proceed to hear and determine such criminal cases conformably

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to the law governing the superior courts as the same may be applicable; provided, always, that a resonable time may be granted to the State or the defendant to procure witnesses. City court of Waycross. No indictment. Sec. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899. CITY COURT OF WRIGHTSVILLE. No. 252. An Act to establish the city court of Wrightsville, in Johnson county; to define its jurisdiction and powers; to provide for the appointment of judge, solicitor and other officers thereof, and to define their duties and powers, as well as the salaries and fees thereof; to provide for the granting of new trials therein, and writs of error therefrom, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the city court of Wrightsville is established, to be organized, located and held in the courthouse in the city of Wrightsville, in Johnson county, Georgia, with jurisdiction civil and criminal over the entire county of Johnson. City court of Wrightsville established. Sec. II. Be it further enacted by the authority aforesaid, That the city court of Wrightsville 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 the 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. III. Be it further enacted by the authority aforesaid, That there shall be a judge of the said city court of Wrightsville 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 by the Governor for the residue of the unexpired term, such appointment being subject to the approval of the Senate, which may then be in session,

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or if the Senate be not in session at the time such appointment, or fails 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 its next session thereafter. The judge of said city court of Wrightsville shall receive a salary of six hundred 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 Johnson. Judge, appointment. Salary. Sec. IV. 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 appointment, be at least twenty-seven years of age; he must also have been a resident 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 rights to the poor and rich, and that I will faithfully and impartially discharge and perform all duties which may be required of me as judge of the city court of Wrightsville, according to the best of my ability and understanding, according to the laws and constitution of this State and of the United States, so help me, God. And said oath shall be forwarded to the Governor and filed in the executive department. Said judge shall not practice in this court, but shall not be disqualified from practicing in all other courts. Qualifications. Oath. Sec. V. Be it further enacted by the authority aforesaid, That there shall be a solicitor of the said city court of Wrightsville, to be appointed by the Governor, by and with the consent of the Senate, 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 court, founded upon accusation, ten dollars ($10.00); for every indictment or special presentment, except gambling cases, finally disposed of in said court, five dollars, in gambling cases, twenty-five dollars; for representing the State in cases 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 the certificate of the clerk of the Supreme Court as to the performances of said services, and upon the affidavit of the party and the certificate of the clerk of the city court of the insolvency of the defendant. For all services for which this Act

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does not provide, said solicitor shall receive the same fees as are now allowed by law for similar service in the superior court to solicitors-general. The solicitor of the city court of Wrightsville must at the time of his appointment be at least twenty-five years of age; he must also have been a resident of Johnson county for two years immediately preceding his appointment, and must also have been a practicing attorney at law for at least four years before his appointment, and before entering upon the discharge of his office shall give bond, payable to the Governor and his successors in office with good security, to be approved by the judge of said court, in the sum of one thousand dollars, conditioned to account for all moneys which may come into his hands as solicitor, and for the faithful discharge of the duties of said 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 Wrightsville, so help me God. Said bond and oath shall 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 shall fail or be disqualified to act in any case, the court shall have power to appoint a solicitor pro tem. Solicitor, appointment. Fees. Qualifications. Oath. Bond. Sec. VI. Be it further enacted by the authority aforesaid, That the clerk of the superior court of Johnson county shall be ex officio clerk of said city court. The fees of the clerk of said city court shall be the same that are now, or may hereafter be allowed by law to the clerk of the superior court, except in criminal cases founded upon accusation he shall only receive three dollars ($3.00), and except further that his fees in such cases that justice's court has jurisdiction that are brought to said city court, then said clerk's fees shall be the same as the justice of the peace is entitled to under law for such cases, and for his services at the regular terms of said count he shall receive two dollars per day. Clerk. Fees. Sec. VII. Be it further enacted by the authority aforesaid, That the sheriff of Johnson county, by virtue of his office, shall be sheriff of the city court of Wrightsville. He shall have power, with the consent of the judge of said court, to appoint deputies, who shall, before entering the duties of the office, give bond in the sum of two thousand dollars, conditioned as the bond of other deputy sheriffs. Said sheriff shall receive the same fee as now allowed, or may hereafter be allowed by law to the sheriff of Johnson county, except as herein provided, and for his attendance at the regular terms of said

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court he shall receive two dollars per day, to be paid him in the manner as now or may hereafter be provided for similar service in the superior court of Johnson county, except that his fees in all cases in which justice's courts has jurisdiction which are brought to said city court, he shall only have such fees as are allowed constables in such cases. Sheriff. Fees. Sec. VIII. Be it further enacted by the authority aforesaid, That the judge of the city court of Wrightsville may appoint and require the service of bailiffs, and exercise the same authority over the clerk, sheriff, deputy sheriff and bailiffs of said court as may be exercised by the judge of the superior court over such officers while holding superior court. Bailiffs. Sec. IX. Be it further enacted by the authority aforesaid, That the city court of Wrightsville 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 and laws of Georgia, except when the amount claimed is less than fifty dollars; provided, that in all cases brought in said city court for the principal sum of one hundred dollars or less, the cost shall not be more than justice court cost. Jurisdiction. Sec. X. Be it further enacted by the authority aforesaid, That the said city court of Wrightsville shall have jurisdiction to try and dispose of all criminal cases for all offenses committed in the county of Johnson, where the defendant is not subject to loss of life or confinement in the penitentiary. In criminal cases. Sec. XI. Be it further enacted by the authority aforesaid, That the judge of the city court of Wrightsville shall have authority to issue criminal warrants, warrants to dispossess tenants holding over, and intruder, to issue distress warrants, to issue attachments and garnishments, to attest deeds and other papers, and to take affidavits anywhere in this State, and the judge, solicitor, clerk and sheriff and his deputy shall have power to administer all oaths and do all other official acts pertaining to their office respectively as such 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 the judges of the superior courts may do; cause testimony to be taken, to be used de bene esse, and for the purpose of perpetuating testimony within his jurisdiction, and generally do all acts which the judge of the superior court, and all laws relating to and governing judges of the superior court shall apply to the judges

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of the said city court, so far as the same may be applicable, except as herein provided. Judge, powers of. Sec. XII. Be it further enacted by the authority aforesaid, That said court shall have jurisdiction of all claim cases when personal property is levied upon under process from said court, which claims shall be tried in the same manner as claims in the superior courts, except 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 the practice in other courts. Claims to personalty. Sec. XIII. 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 to issue attachments may issue attachments returnable to the said city court of Wrightsville; shall be directed to all and singular the sheriffs and constables of this State, and may be served by them or any other sheriff or constable or other officer authorized by the law to levy attachments returnable to other courts. Attachments and garnishments. Sec. XIV. Be it further enacted by the authority aforesaid, That the garnishment proceedings in said court shall be conformable to the laws of the State on that subject in the superior court and when returnable to another county where there is no city court of like character with this, shall be returnable to the superior court of such county. Garnishments. Sec. XV. Be it further enacted by the authority aforesaid, That the judge of the city court of Wrightsville shall have the authority to enforce his orders, to preserve order, to punish for contempt and to enforce all his judgments as vested by law in the judges of the superior courts of this State. Contempts. Sec. XVI. Be it further enacted by the authority aforesaid, That the judge of the city court shall have power and authority to hear and determine all civil cases of which said court has jurisdiction, and to give judgment therein in term time, without a jury; provided, that either party in any civil case pending in said court shall be entitled to a trial by a jury in said court upon entering a demand therefor by himself or his attorney in writing, at any time during the appearance term of said case in all cases in which said party may be entitled to a trial by jury under the constitution and laws of this State. Trials. Sec. XVII. Be it further enacted by the authority aforesaid,

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That the regular terms of the said city court of Wrightsville shall be held quarterly and monthly, monthly for the trial of criminal business, and quarterly for the trial of both criminal and civil business. Said quarterly term shall be held on the second Monday in February, May, August and November of each year, and the monthly terms shall be held on the second Mondays in each month of each year except the months herein designated for the quarterly terms. The judge of said court shall have power to hold said court in session from day to day, for a period not longer than one week, from the beginning of each term; provided, that said court shall stand open from day to day for the trial of all cases where a trial by a jury is waived by the defendant or his attorney. Terms of court. Sec. XVIII. Be it further enacted by the authority aforesaid, That suits in said city court shall in all respects be conformable to the mode of proceeding in the superior courts except as is hereby provided, but the process to writs shall be annexed by the clerk of said city court, shall be attested in the name of the judge thereof, and be directed to the sheriff or his lawful deputy, and all exceptions issuing from said court shall be attested in the name of the judge, and signed by the clerk, and directed to all and singular the sheriffs and deputies of the State of Georgia. Practice. Sec. XIX. Be it further enacted by the authority aforesaid, That in all matters pertaining to service and pleading and practice the laws governing the superior court, where not inconsistent with this Act, shall be applicable to said city court. Practice. Sec. XX. Be it further enacted by the authority aforesaid, That the general laws of this State, applicable to the superior court with regard to the commencement of suits and making parties to cases pending, defenses, set-offs, affidavits of illegality, arbitration, examination of witnesses by interrogatories, or to subp[oelig]na witnesses and to require them to attend and give evidence, continuances and amendments, and all matters pertaining to pleading and practice, and all matters of judicial nature within the jurisdiction of said city court shall be applicable to said city court. Practice. Sec. XXI. 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 court. Judgments, how enforced. Sec. XXII. Be it further enacted by the authority aforesaid,

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That defendants in criminal cases in the city court of Wrightsville may be tried upon written accusation, setting forth plainly the offense charged, which accusation shall be signed by the prosecutor or by the prosecuting officer of the said city court. Accusation. Sec. XXIII. Be it further enacted by the authority aforesaid, That when any criminal case in said city court, founded either upon indictment or presentment by the grand jury, or upon 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 jury, and the response of the defendant shall be entered upon said indictment or accusation and signed by the prosecuting officer of said court. If the defendant demands a trial by jury, and the court is not sitting at regular term, the judge shall admit the defendant to bail, to appear at the next regular monthly or quarterly term, as directed by the judge, or on the defendant's failure to give bond, shall commit him to jail to await his trial. If the defendant waives trial by a jury, then the judge of said court shall proceed to hear and determine such criminal case without a jury; provided, always, that a reasonable time may be granted the State or defendant to procure witnesses. Criminal cases. Trials. Sec. XXIV. Be it further enacted by the authority aforesaid, That the judge of the superior court of Johnson county may transfer any or all presentments or bills of indictment for misdemeanors to said city court for trial; the order so transferring the same to be entered on the minutes of both courts. Cases transfered. Sec. XXV. Be it further enacted by the authority aforesaid, That traverse jurors in the city court of Wrightsville 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 and of each person on the traverse jury list of the superior court of said county, and shall place all said names in the city court jury box, from which shall be drawn twenty-four traverse jurors to serve in said court. All laws in reference to the drawing and summoning and empaneling traverse juries in the superior courts, shall apply to the city court of Wrightsville, and the said city court judge shall have the same power to summon tales juries for the city court that the judges of the superior courts have for the superior courts; jurors in said court shall receive the same pay and be paid in the same manner,

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and under the same rules and regulations as jurors in the superior courts are, or may hereafter be paid. Jurors, how selected. Fees of. Sec. XXVI. Be it further enacted by the authority aforesaid, That all laws with reference to the qualification, empaneling, challenging and fining jurors now of force, or hereafter be enacted, regulating the same in the superior courts, shall apply to and be observed in said city court, except when inconsistent with the provisions of this Act. In cases where issues are to be tried by jury, the party 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 jurors in the superior court shall apply to the city court of Wrightsville, unless inconsistent with this Act. Jury. Panels. Sec. XXVII. Be it further enacted by the authority aforesaid, That all civil cases pending in said court, in which a jury is demanded by either, and in all criminal cases in which the defendant shall demand a jury as provided for in this Act, a 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, 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. XXVIII. Be it further enacted by the authority aforesaid, That the judge of the city court of Wrightsville shall have the power to grant new trials in all cases, civil and criminal, tried by the jury, or tried by the judge on issues of fact 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 superior courts, and all rules of pleading, practice and procedure governing motions for new trials, and carrying cases to the supreme court by bill of exception from the superior courts shall apply to and govern the same in the said city court. New trials. Sec. XXIX. Be it further enacted by the authority aforesaid, That a writ of error direct from the city court of Wrightsville to the Supreme Court of this State shall lie upon the bill of exceptions under the same rule and regulation as govern and control the certifying, serving, filing and transmitting bills of exceptions in and from the superior courts of this State, before the Supreme Court. Writs of error to supreme court.

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Sec. XXX. Be it further enacted by the authority aforesaid, That whenever the judge of said court is, from any cause, disqualified from presiding in any case, and the judge of the superior court, on account of absence or any 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 case may be tried by a judge pro hac vice, selected in the same manner as now provided for in the superior court. Judge pro hac vice. Sec. XXXI. Be it further enacted by the authority aforesaid, That at or within ten days after each regular term of said city court, and oftener, if he shall deem it proper to do so, the judge of said court shall distribute said fines and forfeiture arising from cases tried in said court, as follows: Fines and forfeitures arising from cases originating in this court shall be prorated between the solicitor, the clerk, the sheriff of said court, the justices of the peace and constables on their bills for insolvent costs; fines and forfeitures, arising from cases transferred from the superior court to said city court shall be prorated among the solicitor, sheriff and clerk of the city court, and the solicitor, sheriff and clerk of the superior court and the justices of the peace and constables upon their bills for insolvent costs in transferred cases. If at any time there should be a surplus of the insolvent funds arising from cases originating in the city court, after paying all insolvent costs on cases, originating in the said city court, the same shall be applied to insolvent cost in cases originating in the city court. The judge of the city court, before paying insolvent bills, shall approve the same and have them entered on the minutes of said court, and such bills for insolvent cost shall be a lien on funds arising from fines and forfeitures in said court, superior to all other liens. Fines and forfeitures, distribution of. Sec. XXXII. Be it further enacted by the authority aforesaid, That the ordinary of the county of Johnson, or such officer as may have charge of the county affairs of said county, shall provide the necessary books for keeping the dockets, minutes and records of said city court, and all other books and stationary necessary to run said court. Records Sec. XXXIII. Be it further enacted by authority aforesaid, That all laws and parts of laws, in conflict with this Act be, and the same are, hereby repealed. Approved December 22, 1899.

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TITLE II. EDUCATION. ACTS. Blue Ridge, public schools for. Cordele, public schools. Chipley school district. Douglas, public schools for. Knoxville, public schools for. Moultrie, public schools. Stone Mountain, public schools for. BLUE RIDGE, PUBLIC SCHOOLS FOR. No. 294. An Act to establish a system of public schools in the town of Blue Ridge, Fannin County, Georgia; to empower the mayor and council of said town to levy and collect a tax for the support and maintenance thereof; to provide for the issuance of bonds of said town for the purpose of purchasing school property, building school-houses, etc.; to create a board of school commissioners for said town; to authorize and require the county school commissioners of Fannin to pay or turn over to said school board such part of the State and county school fund as may be the just pro rata share of said town, and for other purposes. Section I. The General Assembly of the State of Georgia do enact, That there shall be established in the town of Blue Ridge, in Fannin county, a system of public schools to be conducted and maintained as hereinafter provided. Blue Ridge public schools. Sec. II. Be it further enacted by the authority aforesaid, That there shall be a board of school commissioners for said town, consisting of six members, two of whom shall hold their office for three

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years, and two for two years, and two for one year from the date of their qualification, and every year thereafter there shall be two commissioners elected by the mayor and councilmen of said town, at the first meeting of said council in January of each year. The mayor and council shall fill all vacancies occurring in the board by death, resignation, removal from said town, or otherwise. The board shall elect from their own body a president, secretary and treasurer, and they alone can transact all business; and any member of said board may, for malfeasance in office, be removed by a majority of the votes of the other members of said board, and the vacancy so created shall be filled as hereinbefore provided. No person shall be eligible to membership of said board who is not twenty-one years of age, a bona fide citizen and resident of said town for twelve consecutive months next preceding his election. School commissioners, election. Officers. Sec. III. Be it further enacted by the authority aforesaid, That before the members of said board of school commissioners enter upon their duties as such they shall take and subscribe the oath required of the members of the county board of education, and the treasurer shall give bond in such amount and with such sureties as council may require, for the faithful discharge of all his duties. Said bond shall be payable to the mayor and council for the town of Blue Ridge, and said mayor and council are hereby empowered to bring and maintain any action or suit on said bond. Oath of. Treasurer's bond. Sec. IV. Be it further enacted by the authority aforesaid, That said board shall keep a record of all their proceedings, which shall at all times be open to the inspection of the public, as shall all the books kept by the officers of said board; shall supervise, regulate and make efficient said school system; shall have power to make rules for the government of themselves, the teachers and pupils of the school of said town; to establish grades in said school and prescribe the studies thereof; to employ the teachers thereof, fix their salaries and pay the same, and provide for the convenience and necessary appliances of said school; to do all lawful acts necessary to the proper operation thereof. School records. Rules. Sec. V. Be it further enacted by the authority aforesaid, That said board is hereby authorized and empowered to receive, hold, apply, sell or expend any donation or bequest of property or money made for the benefit of said school. Donations Sec. VI. Be it further enacted by the authority aforesaid, That the mayor and council of said town of Blue Ridge are hereby authorized to levy and collect annually, a tax in addition to that now allowed by law, not to exceed one-half of one per cent. on the

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taxable property of said town, for the purpose of establishing and maintaining said school not less than seven or more than ten months in each year, the fund realized from such tax to be used exclusively for the purpose of said school. Tax. Sec. VII. Be it further enacted by the authority aforesaid, That all children between the age of six and eighteen years whose parents, guardian or natural protector bona fide reside within the corporate limits of said town shall be entitled to the benefits of said school, and no such child shall be required or compelled to pay any tuition or other fees whatever. Said board may admit children of like age into said school whose parents, guardian or natural protector do not reside within the said corporate limits, upon such terms and regulations and upon the payment of such tuition or other fees as they may deem reasonable and proper, and they may also provide for the admission of pupils over the age of eighteen years in said school, whether residents of said town or not, under like conditions; provided, however, that any and all funds raised hereunder shall be applied solely to the purpose of said school. School children, no tuition. Sec. VIII. Be it further enacted by the authority aforesaid, That county school commissioner of Fannin county shall pay over to the board of school commissioners of said town the pro rata share of the State and county school funds coming to said town according to the same proportion of said school age residing in the corporate limits of said town being hereby declared to be entitled to the same proportion of said school funds, as the total number of children of school age residing within the limits of Fannin county. The amount so to be paid shall be paid at such times as the teachers of said county are paid, and when so paid shall be expended under the direction of said board for the purpose hereinbefore specified, to wit: The support and maintenance of the public school of Blue Ridge. Share in State and county school fund Sec. IX. Be it further enacted by the authority aforesaid, That the board of education of Fannin county shall not establish or open any school within the incorporate limits of Blue Ridge, nor have any authority or voice in the management of the school therein established under the provisions of this Act, by said board of school commissioners of the town of Blue Ridge. County board of education. Sec. X. Be it further enacted by the authority aforesaid, That none of the commissioners of said board shall receive any remuneration for his service except the secretary and treasurer thereof, who may each receive compensation not to exceed fifty dollars per year in discretion of said board. Secretary and treasurer's salary.

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Sec. XI. Be it further enacted by the authority aforesaid, That before this Act shall become operative, it shall be submitted to the qualified voters of said town, for which purpose the mayor and council thereof shall order an election, of which thirty days' notice shall be given in the papers published in said town, which election shall be held under the same rules and regulations as are required for mayor and council. The qualification of voters at said election to be same as for members of the General Assembly. Those in favor of public schools shall have written or printed on their tickets, for public schools, and those opposed shall have written or printed on their tickets, against public schools. The managers of said election shall make return thereof to the mayor and council of said town, who shall on the first opportunity open said returns and declare the result thereof, and if two-thirds of the qualified voters of said town or two-thirds of those voting shall be for public schools, then this Act shall take effect immediately, otherwise not. Should this Act fail of adoption at said election, the said mayor and council may submit the same to another election under the same rules and regulations as the first election after the expiration of twelve months from said first election. Election. Sec. XII. Be it further enacted by the authority aforesaid, That should the result of said election be in favor of said public school system, the mayor and council of said town are hereby authorized to issue bonds of said town, to be signed by the mayor and attested by the clerk thereof, for the sum in the aggregate not to exceed two thousand and five hundred dollars and to bear interest at the rate of not exceeding seven per cent. per annum, and to be known as the Blue Ridge school bonds, payable annually on or before the first day of January of each year, or at such other time or times for the maturity of said bonds as said mayor and council may determine, so that the last of said bonds may fall due within twenty-five years from their issue, and to the end that provision may be made for the payment of said bonds; and said mayor and council are hereby empowered to assess and collect an annual tax sufficient in amount to pay the principal and interest of said bonds as they fall due; provided, that the tax for said purpose shall not exceed for any one year the sum of the principal and interest falling due said year, and the interest due on such bonds as may fall due thereafter; said bonds shall be turned over to the board of school commissioners or their treasurer, to be negotiated by them at not less than par, net to said town, and the proceeds shall be applied by said board, to procure suitable lots and erecting suitable building for said

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public school and furnishing and equipping the same, and for no other purpose. School bonds. Sinking fund. Tax. Sec. XIII. Be it further enacted by the authority aforesaid, That section second shall not become operative nor shall said bonds be issued, until the question of their issuance shall have been submitted to the qualified voters of said town and approved by two-thirds of the same. Said qualifications, time, place and manner of election shall be the same as that prescribed in section 2 of this Act for the establishment of public school, and returns of said election shall be made and declared as in section second, and results entered on book of proceedings; provided, that in case said question of the issuance of said bonds shall be decided against said issuance, the mayor and council are authorized to order election upon the same question after a lapse of six months between such elections; the ballots for the election provided for by this section shall have written or printed on them, for the issuance of bonds, or against the issuance of bonds. Result of election. Sec. XIV. Be it further enacted by the authority aforesaid, That the matter embraced in sections twelve and thirteen may be submitted to the voters of said town as a separate proposition before, simultaneous with or after the matter embraced in section eleven. Separate elections. Sec. XV. Be it further enacted by the authority aforesaid, That the mayor and council of the town of Blue Ridge are hereby empowered to pass any and all ordinances, by-laws, rules and regulations for the carrying out of the provisions of this Act, in levying and collecting the taxes, and in issuing and selling the bonds, and in disbursing the proceeds thereof mentioned in this Act. Mayor and council, powers of. Sec. XVI. 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, 1899.

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CORDELE, PUBLIC SCHOOLS. No. 266. An Act to amend an Act creating a system of public schools for the city of Cordele, so as to change the manner of electing a board of trustees for the public schools of said city, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the above recited Act establishing public schools for the city of Cordele, approved December 16th, 1895, be, and the same is, hereby amended in the eighth section thereof, with reference to the election of trustees, by striking from said section eight in the twelfth, thirteenth and fourteenth lines thereof, as they appear in the published laws, the following words, to wit: Shall be filled by nomination or election by the remaining members of said board, subject to the approval of the mayor and council, and by inserting in lieu thereof the following words, to wit: Shall be filled by election by the qualified voters of said city of Cordele, said election to be called and held, and the result thereof to be certified, under the same laws, rules and regulations as in other elections by the people of said city. Cordele, Election of school trustees. Sec. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1899.

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CHIPLEY SCHOOL DISTRICT. No. 403. An Act to incorporate the Chipley School District, in Harris county; to define the boundaries of the same; to regulate the management of schools in said Chipley School District; to provide revenue for said schools; to provide for the election of seven trustees, and to confer on them certain powers, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the management and control of all the schools in the Chipley School District shall be vested in seven trustees, who are hereby constituted a body corporate, under the name and style of Trustees of the Chipley School District, and by that name and style shall have perpetual succession, shall have a common seal, and shall have power to purchase, have, hold, receive, enjoy, possess and retain to them and their successors in office, for school purposes, any estate or estates, real or personal, of whatever kind or name, within the jurisdictional limits of said district, and shall by said name be capable of suing and being sued in any court of law or equity in this State. Trustees of the Chipley school. District incorporated. Sec. II. Be it further enacted by the authority aforesaid, That the corporate limits of said district shall extend from a point in the county line, between Harris and Troup counties, where the west line of Goodman's district intersects said county line, south along said west line of Goodman's district to the southwest corner of the lands of Mrs. S. B. Sledge; thence due east, along an original land line, to the top of Pine Mountain; thence along the crest of Pine Mountain in a northeasterly direction to a point where the line between J. W. Huguley and Jack Middlebrooks would cross Pine Mountain, if extended due south; thence due north along said land line to the Harris and Meriwether county line; thence west along said county line to the King's Gap Branch; thence down said branch, in a northwesterly direction, to the Magruder Creek; thence down the said Magruder Creek to a point due south of the land line between R. H. Magruder and A. E. Tigner; thence due north along said land line to the southeast corner of the lands of L. W. Franklin; thence due west along original land line, but

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taking in the lands of L. W. Franklin north of said line, to a point due north of the intersection of the Harris and Troup county line and the west line of Goodman's district; thence due south to the point of beginning, with the exception of the lot of land on which stands the Hopewell School-house, which shall not be included in said Chipley School District. Territorial limits of district. Sec. III. Be it further enacted by the authority aforesaid, That an election shall be held on the third Wednesday in January, 1900, and on the third Wednesday in December in that and each succeeding year, for seven trustees to serve for one year or until their successors are elected and qualified. All citizens who are qualified to vote in State elections and who have paid all taxes due to said Chipley school district, and who have resided in the said district for six months next preceding the day of said election, and shall be able to read and write, and be eligible to vote. Election of trustees. Sec. IV. Be it enacted by the authority aforesaid, That the said election shall be held under the supervision of any justice of the peace or notary public ex officio justice of the peace in the militia district where said Chipley school district is situated, together with any two freeholders within said corporate limits, and if no justice of the peace or notary public ex officio justice of the peace, then any three freeholders in said district. But should no election be held on the day specified, then any citizen of said district may post a call for an election in three prominent places in the town of Chipley, Georgia, for at least thirty days, stating day of said called election, on which day an election shall be held as above provided for. Election managers. Sec. V. Be it further enacted by the authority aforesaid, That any citizen of the said district shall be eligible to election to the office of trustee, who is entitled to vote in said district and who is a property holder in said district. Qualifications of trustees. Sec. VI. Be it further enacted by the authority aforesaid, That the seven citizens, who are eligible for election to the office of trustee, who shall receive, respectively, the highest number of votes, shall be declared elected, and the managers shall give a certificate thereof when required, and the persons so elected shall attend the usual place for holding trustees' meetings, within five days after said election, and qualify, by taking oath well and truly to perform the duties of the office to which they have been elected, and shall forth-with enter upon the discharge of the duties of said office. Certificate of election. Sec. VII. Be it further enacted by the authority aforesaid, That the said trustees shall elect a chairman from their body, and a secretary

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and treasurer who may be either from their body or any citizen of the said district. But no trustee, other than the secretary and treasurer, shall receive any compensation for their services. Officers of trustees. Sec. VIII. Be it further enacted by the authority aforesaid, That the trustees of the Chipley school district shall have full control of all schools in the said district, to employ teachers, and to fix their duties and compensation, to employ said secretary and treasurer, and to fix his duties and compensation, and to employ such other persons, as they may deem best for the interest of the said schools, and shall have full power and authority to remove any or all teachers, or employees, whenever in the opinion of the board of trustees it is to the interest of the schools to do so. The said trustees shall have full power to fix rate of tuition and to collect same. Powers of trustees. Sec. IX. Be it further enacted by the authority aforesaid, That the said board of trustees shall have full power and authority to levy and collect a tax on all real and personal property in the corporate limits of the said Chipley school district for school purposes, to defray the expenses of management of schools in said district, to pay all or any part of the expenses of carrying on schools in said district, that said trustees shall deem to be to the best interest of said schools. But that the rate of taxation shall never exceed one-half of one per cent. Tax. Sec. X. Be it further enacted by the authority aforesaid, That the trustees of said Chipley school district shall be empowered and directed to appoint three citizens of said district as tax assessors, who shall assess the valuation of all property in said district for taxation; that said assessors shall have free access to State and county tax books, and to municipal tax books, and shall at their discretion use such returns, or any part of them, that they may deem best, in making the assessments for said district; that said assessors shall have power and authority to compel any citizen of the State to testify, under oath, as to any property in said district; whether it be their own, or property of another, and should any party refuse to testify then said party shall be punished as provided for similar cases before a justice of the peace. Said board of trustees shall have power and authority to fix the time and manner of payment of said taxes. Tax assessors. Sec. XI. Be it further enacted by the authority aforesaid, That should any person or persons fail to pay said tax at the required time, then the secretary and treasurer, at the direction of the board of trustees, shall issue a tax fi. fa., which shall be levied on the property of the delinquent tax-payer, in the same manner

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as State and county tax fi. fas. Said tax fi. fa. shall be a superior lien on the property of the said delinquent tax-payer, except for State and county tax. Tax fi. fas. Sec. XII. Be it further enacted by the authority aforesaid, That the trustees of the Chipley school district shall have power and authority to issue bonds; provided, that they shall post in three conspicuous places in the town of Chipley, and publish in some paper in the county, for thirty days, a notice, stating the amount of the proposed bond issue, when due, rate of interest, and for what purpose to be used. Also notice of an election to ratify or reject the action of the board of trustees in issuing bonds. Said election to be held as above provided for, and should two-thirds of the voters in the Chipley school district, who are property holders, vote to ratify the action of the board of trustees, then said board of trustees shall have power and authority to issue said bonds and to dispose of same, as they deem best, for school purposes. The total bond issue outstanding shall never exceed seven per cent. of the taxable value of the property in said district. Bonds. Election. Sec. XIII. Be it further enacted by the authority aforesaid, That as soon as practicable after their election and qualifying, the board of trustees of said district shall have a census of the school population of the said district taken, and shall report same to the State School Commissioner, who shall be empowered and directed to pay to the secretary and treasurer of the trustees of said Chipley school district, from time to time, a pro rata part of the public school fund, according to said school population, in same manner as paid to the county school boards all over the State. Census. Sec. XIV. Be it further enacted by the authority aforesaid, That the schools in said Chipley school district shall not be under the control of any county school board, but shall be controlled by the trustees of said district, who shall report direct to the State School Commissioner. County school board. Sec. XV. Be it further enacted by the authority aforesaid, That all laws and parts of laws that conflict with the above be, and the same are, hereby repealed. Approved December 20, 1899.

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DOUGLAS, PUBLIC SCHOOLS FOR. No. 321. An Act to provide for a system of public schools for the town of Douglas, in Coffee county, to provide by special tax for the maintenance and support of the same, to provide suitable buildings therefor, to establish a board of education to conduct the same, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, That there shall be established, conducted, maintained, supported and provided for by local taxation and otherwise in the manner hereinafter provided in this Act, a system of public schools in and for the town of Douglas, Coffee county, Georgia. Douglas public schools. Sec. II. Be it further enacted, That there shall be a board of education for said town under the corporate name of the Douglas Board of Education, with the right to sue and be sued in said corporate name, and whose duty it shall be to establish, manage, control and maintain said public schools. Said board shall consist of five members, to be elected by the mayor and council of said town, within thirty days from the time this Act goes into effect, or as soon thereafter as practicable. At the first election two members shall be elected for two years, and three members shall be elected for the term of one year, and thereafter election for members of the board of education shall be held annually on the first Monday in December of each year, or so soon thereafter as practicable, and the terms of members elected after said first election shall be for two years. All vacancies on the board of education shall be filled by special elections for the unexpired terms only. The members of said board may hold their office until their successors shall be elected and qualified. No person shall be eligible to membership upon said board except such persons as would be eligible to the office of mayor of said town, and no person shall be eligible to election to such membership who at the time of his election is a mayor or a councilmen of said town. Douglas Board of Education incorporated. Sec. III. Be it further enacted, That the officers of the board of education shall be a president, a vice-president and a secretary and treasurer, and such other officers as the board may deem advisable. The secretary and treasurer of said board shall, before entering upon the discharge of the duties of his office take and subscribe to

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an oath to faithfully discharge the duties of his office, and shall give bond in such sum as may be fixed by the board to faithfully account for all moneys coming into his hands as such officer; which said bond shall be made payable to said board of education, and the said board of education is hereby empowered to bring suit and maintain the same upon said bonds in any of the courts of this State for any breach of said bond by the said secretary and treasurer, and the proceeds of said suit shall be applied to the public schools of said town. Said secretary and treasurer shall pay out no moneys except by orders of the board. Officers of board. Sec. IV. Be it further enacted, That the said board of education shall have the power, and it is hereby made the duty of said board, to speedily devise, design, adopt and establish under this Act, a system of public schools, to modify the same from time to time, to establish such schools as they see fit for the whites and also for the blacks of said town, and which for the two races shall be entirely separate and distinct from each other, and not more than one school for each race, unless said board of education shall at a regular meeting, order more than one, and in this have the concurrence of the mayor and council of the town of Douglas. Powers of board. Sec. V. Be it further enacted, That the said board of education shall keep full and accurate minutes of the proceedings of said board which shall at all times be subject to the inspection of the mayor and council of the town, or of any citizen of said town. Said board shall supervise, regulate and make efficient said school system, shall prescribe the curriculum and the books to be used in said schools, shall elect and employ teachers for said schools, and if they see fit a superintendent for said schools; they shall fix the school terms and the time of beginning and closing of said schools; they shall have the right to suspend or remove such teachers and superintendent whenever, in the discretion of the members of said board, they may deem such action to be for the interests of said schools, and their action in so doing shall be conclusive in all cases and not subject to review by any body or court; they shall fix the compensation of teachers and pay the same; they shall make such by-laws for the government of said board and for the control of said teachers and schools as may be deemed fit and proper when the same are not in conflict with the laws of this State; they may provide grades in said schools and provide suitable apparatus, furniture and appliances of every kind for the use of said schools, and do any and all other acts which they may deem

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best to promote the best educational interests of said town not in conflict with State laws. Supervision of schools. Sec. VI. Be it further enacted, That said board is authorized and empowered to receive, hold, apply, sell or expend any donation, gift or bequest of property of any kind, real or personal, made to said board for the benefit of the schools of said town. School property. Sec. VII. Be it further enacted, That said board shall, out of any funds going into their hands, provide schoolhouses, by renting or purchasing suitable buildings, and shall properly furnish the same for school purposes. The title of all such property shall be in the corporation of the town of Douglas. School buildings. Sec. VIII. Be it further enacted, That said board of education shall keep accurate accounts of all moneys or property received by them for the use of said public schools and of all expenditures made by them; these accounts shall be at all times open to the inspection of the mayor and council of Douglas or of any citizen of said town. The members of said board shall be personally liable to the corporation of the town of Douglas for all moneys paid over to said board for the use of said public schools, and by said board appropriated for any other purpose. Accounts. Sec. IX. Be it further enacted, That said board shall annually make report to the mayor and council of Douglas in writing of the condition of said schools and shall accompany said report with a full and itemized statement of all moneys received and expended by said board and present the vouchers therefor. This report shall contain an estimate of the amount of funds required for the proper conduct of said schools for the ensuing school year, and like reports shall be furnished at any time by said board to the said mayor and council. Reports of board. Sec. X. Be it further enacted by the authority aforesaid, That the terms of office of the officers of said board shall be fixed by the by-laws of the board, and no officer shall have any compensation for their services except the secretary and treasurer, whose compensation shall be fixed by the board prior to his election and qualification, not to exceed, however, one hundred dollars per annum. Officers terms of and salary. Sec. XI. Be it further enacted, That the public schools herein provided for shall run for a period of not less than five nor more than ten scholastic months in each year. Scholastic year. Sec. XII. Be it further enacted, That if the election herein provided for shall be in favor of public schools, then the mayor and council of said town of Douglas shall be authorized and empowered

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to assess, levy and collect annually a tax, in addition to that now provided for by law, not to exceed one-fourth of one per cent. per annum on all the taxable property of said town, which shall be used solely and exclusively for the purpose of establishing and maintaining said schools, and providing furniture, apparatus, grounds and buildings for said schools. This tax shall be collected by the first day of January of each year after the same is assessed and levied, in like manner as other taxes are collected, and shall be turned over to the said board of education, to be used for the purpose aforesaid and no other; provided, however, that the provisions of this Act shall not go into full effect until said supplementary tax herein provided for shall have been levied and collected. School tax. Sec. XIII. Be it further enacted, That all school children between the ages of six and eighteen years, who are bona fide residents of said town with their parents or guardians, shall be entitled to the benefit of said schools, and no such child or children shall be required to pay any tuition for such course of study as is now provided by law in the public schools of the several counties of the State, but the board may, in their discretion, require children living outside the limits of said town to pay tuition for and during the school terms provided. All such tuition charges shall become a part of the fund for the maintenance of said public school system, and must be so used and accounted for, as shall likewise any other fees. School children. Sec. XIV. Be it further enacted, That moneys arising from, furnished, or collected by the corporation of the town of Douglas under this Act for the establishment, maintenance and support of the said public schools, shall be paid over to the Douglas board of education, upon said board giving bond with good security payable to the corporation of the town of Douglas, in such sums as the mayor and town council may fix, conditioned for the faithful application of all said funds in establishing and maintaining the public schools in this Act provided for; provided, it shall be optional with the mayor and town council to exact such bond, or not, as they may deem best. School fund. Sec. XV. Be it further enacted, That the board of education of Coffee county shall not establish or open any school within the corporate limits of said town of Douglas, nor have any authority or voice in the management of the school therein established under the provisions of this Act by the board of education of Douglas. County board of education. Sec. XVI. Be it further enacted, That the State School Commissioner of Georgia shall pay over to the board of education of Douglas

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the pro rata share of the State and county school fund to which said town is entitled, according to the number of children of school age residing within the corporate limits of said town, increased by the number of children of school age residing without the corporate limits of Douglas who attend said school. For each child of school age residing within its corporate limits, and for each child of school age residing without its corporate limits, but attending said public schools of the town of Douglas, the town of Douglas is entitled to receive, for each year, that amount apportioned from the State school fund for each child of school age residing in the county of Coffee. The amounts to be paid shall be paid at such time as the teachers of the counties are paid, and when paid shall be expended by said board for the support and maintenance of said public schools of Douglas. Pro rata share of State and county school fund. Sec. XVII. Be it further enacted, That before this Act shall become operative and go into effect, it shall be submitted to the qualified voters of said town of Douglas to determine whether or not said public schools shall be established and maintained, and to this end, the mayor and town council shall within thirty days from the passage of this Act, or as soon thereafter as practicable, order an election in conformity with the provisions of article 8, section 4, paragraph 1, of the Constitution of this State on the question of local taxation to establish and support said system of public schools, of which election four weeks' notice shall be given, signed by the mayor and clerk of council and published in the newspaper designated as the official organ of the town of Douglas, and also posted in three or more public places in said town, in addition to this newspaper advertisement. Said election shall be held at the council chamber of said town under the same rules and regulations as do apply to the election of mayor and town councilmen for said town. Those in favor of public schools and local taxation therefor shall have written or printed on their tickets For public schools, and those opposed shall have written or printed on their tickets Against public schools. The managers of said election shall make returns of the result of said election by ten o'clock forenoon on the day succeeding the election, or as soon thereafter as practicable, meet and open said returns and declare the results thereof, and which result shall be entered on the minutes of said council. If two-thirds of the qualified voters of said town, measured by the number of votes cast at the last general election for mayor and councilmen of the town, shall be for public schools, then this Act shall take effect immediately, and the mayor and town council shall immediately

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proceed to carry it into effect by assessing, levying and collecting the tax, electing the board of education, and doing all those things herein required of them for the establishment of said schools. Should this Act fail of adoption at said election, the mayor and council may submit the same to another election under the same rules, regulations and qualifications after the expiration of six months and so continue to submit it until the same is favorable to the adoption of the Act; provided, elections shall not be had therefor oftener than once in six months, and it shall be the duty of the mayor and town council to order an election on the written request of twenty-five freeholders of said town until the result is for public schools. Election. Sec. XVIII. Be it further enacted, That in case of the breaking out of any epidemic or contagious disease, the board shall have the right and power to stop and prevent any child that has been exposed to it, or liable to contract it, from attendance upon said schools for such time said board shall deem prudent and safe. Suspensi'n of school. Sec. XIX. Be it further enacted, That the child of no person shall have the benefit of said public schools who fails or refuses to pay all taxes assessed against him or her by the corporation of the town of Douglas, and which he or she is liable for. Children of tax defaulters. Sec. XX. Be it further enacted, That all assessments of taxes, and all funds arising from, or collected under, this Act, shall be by the corporate authorities of the town of Douglas kept separate and distinct from other assessments and collections of said town, and are to be used solely for the purpose herein designated; and the mayor and council shall keep a separate, full and distinct itemized account, showing all moneys raised and received, when and how, and from whom and what, and the disposition of the same, to whom, when and for what paid. School fund. Sec. XXI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 21, 1899.

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KNOXVILLE, PUBLIC SCHOOLS FOR. No. 313. An Act to establish a public school system for the town of Knoxville, Georgia, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia (the town authorities of Knoxville having so recommended), That there shall be established in the town of Knoxville, in the county of Crawford, a system of public schools, to be established, conducted and maintained as hereinafter prescribed. Knoxville. Sec. II. Be it further enacted, That W. P. Allen, R. D. Smith, J. W. Jones, F. H. Wright and J. H. Holt are hereby created a board of school commissioners for said town of Knoxville, 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 town of Knoxville, with the right to sue and the liabilty of being sued. Said commissioners shall, at their first meeting after the passage of this Act, fix the term of office of each member, so that one shall hold for five years, one for four years, one for three years, one for two years and one for one year. On the expiration of the term of any of the said commissioners his successor shall be elected, by the mayor and council of said town, for the term of five years. If a vacancy happen by resignation or otherwise, said board shall fill such vacancy, by appointment, for the remainder of the unexpired term. No one shall be eligible to the office of school commissioner, under this Act, who is not a resident of said town, and who is not twenty-one years old. School commissioners. Sec. III. Be it further enacted, That said board of school commissioners shall keep, or cause to be kept, a complete record of all their transactions. For the transaction of business at any meeting four of their company shall constitute a quorum. They shall elect a president, clerk, and treasurer from their own number, who shall perform such duties as may be required of them. The treasurer shall give bond, in such sums as said board may determine, conditioned for the safe keeping and proper disbursement of the funds placed in his charge. He shall pay out funds only by order of the board of school commissioners. Officers.

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Sec. IV. Be it further enacted, That said board of school commissioners shall elect teachers for said public schools, prescribe their salaries, select text-books, prescribe the course of study, determine the length of the scholastic term, and the time of beginning and closing said schools, and adopt such rules and regulations for their own government, and that of the schools, as they may deem necessary for the carrying out of the purposes of this Act, not inconsistent with the constitution and laws of this State. They shall have power to build, purchase, lease and rent such schoolhouses and other property as may be necessary to carry on said schools. They may provide for the admission to said schools of children who reside out of said town upon the payment of such tuition as said board may prescribe. Said board of school commissioners shall have power to provide a course of instruction for pupils who desire to engage in studies other than those usually included in the branches of an English education; but pupils who pursue such studies must pay such tuition as the board may determine, in addition to what is paid under the system of public schools established by this Act. Supervision of schools. Sec. V. Be it further enacted, That said board of school commissioners shall determine, by the 1st day of April of each year, what amount of money it will be necessary to raise by taxation to defray the expenses of running said public schools for one year, and shall lay the same before the mayor and council of said town, and it shall be the duty of said mayor and council, and they are hereby authorized, to proceed to levy and collect the same; provided, the rate of taxation under this Act shall not exceed three-fourths of one per centum per annum; and as the said amount is collected, the collecting officer of said mayor and council shall pay the same over to the treasurer of said board of school commissioners, which shall then constitute a fund to be expended by said school board in the payment of teachers, and in building, repairing, leasing, or renting schoolhouses and other property, and for defraying all other necessary expenses pertaining thereto; provided, that the provisions of this Act shall not go into effect until there shall be raised by local taxation, as prescribed by the provisions of this Act, not less than one-third of the amount of money that said town of Knoxville will be entitled to under the distribution of the said school fund; and provided further, that said schools shall only be continued from year to year upon the same condition. School tax. Sec. VI. Be it further enacted, That the said school commissioner shall pay over to the said school commissioners of said town

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of Knoxville the pro rata share of the State and county school fund for all the children of school age residing in said town, to be by them expended in the maintenance of said public schools, as herein provided. The board of school commissioners shall require the teachers of said public schools to make out reports of the attendance of children entitled to draw the State school fund, showing the residence of each, whether in the county or town, so that the amount due said town may be estimated. Pro rata share of State and county school fund. Sec. VII. Be it further enacted, That said board of school commissioners shall make provision for the education of all children in said town between the ages of six and eighteen years, but separate schools shall be provided for the white and colored children. School children. Sec. VIII. Be it further enacted, That the mayor and council of said town shall have power to appropriate, from time to time, such sums of money for the purposes of building, purchasing, and improving schoolhouses and other school property for the use of the public schools herein provided for, as the condition of the town treasury may authorize. Schoolhouses. Sec. IX. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899. MOULTRIE, PUBLIC SCHOOLS. No. 237. An Act to amend sections two (2) and seven (7) of an Act entitled an Act establishing a public school for the city of Moultrie, in Colquitt county, Georgia, approved December 11th, 1896, by adding to the latter clause of the second section of said Act, the following: And the said mayor and aldermen shall pay said money, so collected, and as soon as collected, to the treasurer of the city school commissioners. So that said section when amended shall read as follows: 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 grant of license to sell spirituous liquors by said city authorities

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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 the proceeds that arise from the grant of license 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 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 of one per cent. on the taxable property of said city, for the purpose of establishing and maintaining the public school of said city; provided, that the money so collected shall be used only for the purpose herein set forth. And the said mayor and aldermen shall pay over said money so collected, and, as soon as collected, to the treasurer of the city school commissioners of Moultrie, Ga. Moultrie. Public school fund. And by striking out the words mayor and aldermen, in the first line of section (7) seven, and insert in lieu thereof the words school commissioner, and by striking out the words county school commissioner in the fifth line of said section and insert in lieu thereof the words State School Commissioner, and by striking out the words county school commissioner, and mayor, and aldermen, in the seventh line of said section, and insert in lieu thereof the words, State School Commissioner, and school commissioners, and by striking out the words county school commissioner, mayor and aldermen in the twelfth line, and insert in lieu thereof the words State School Commissioner, and school commissioners, and by striking out the words county school commissioner, mayor, and aldermen, in the latter clause of said section, and insert in lieu thereof the words State School Commissioner, and school commissioners of the city of Moultrie, Georgia, so that said section shall, when amended, read as follows: Section (7) seven. Be it further enacted, That said school commissioners shall make or cause to be made a full and complete list of all pupils in attendance upon said school (between the age of six and eighteen years) who reside in said county of Colquitt, and forward the same to the State School Commissioner on or before the 31st day of December, 1899, and annually thereafter. That the State School Commissioner shall pay directly to the treasurer of the school commissioners of the city of Moultrie, quarterly, the

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pro rata part of the State school fund due the city of Moultrie, to be estimated according to the ratio that the school population of said city bears to the school population of said county as shown by the list furnished the State School Commissioner by the school commissioners of said city 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 State School Commissioner by the school commissioners of the city of Moultrie as aforesaid. Pro rata part of State and county school fund. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 8, 1899. STONE MOUNTAIN, PUBLIC SCHOOLS FOR. No. 314. An Act to authorize the establishment of a system of public schools in the town of Stone Mountain, to provide for acquiring property and buildings and raising revenues to maintain said schools, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia (the corporate authorities of said town having so recommended), That the mayor and council of the town of Stone Mountain, Georgia are hereby authorized to levy and collect a tax annually, in addition to that now allowed by law, not to exceed one-fourth of one per cent. on the taxable property of said town as shown by the regular digest of property prepared for purpose of town taxation, for the purpose of establishing and maintaining a system of public schools for said town, said fund not to be used for any other purpose. Stone Mountain, school tax. Sec. II. 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 mavor and council shall order an election, of which ten days' notice shall be given by posting in three conspicuous places in said town, which election shall be held under the same rules and regulations as elections of mayor and councilmen 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 their ballots the

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words For public schools, and those opposed to public schools shall have printed or written on their ballots the words Against public schools, and if two-thirds of the ballots cast in said election be For public schools this Act shall become operative. Should the result of the election herein provided for be against public schools, the mayor and council shall order other elections once every twelve months until public schools are adopted. Election. Sec. III. Be it further enacted by the authority aforesaid, That J. O. Wells, J. A. Campbell, J. F. McCurdy, J. M. Goldsmith and G. R. Wells shall be and constitute the board of education of Stone Mountain. The term of the first named shall expire at the next regular election for mayor and council after the adoption of this Act, and the others annually thereafter in the order of names above, and their successors shall be elected annually at the same time and in the same manner as the mayor and council, and the term of office shall be for five years. In case of vacancies otherwise than by expiration of term of office, the mayor and council shall appoint member to serve until the next regular election, when a member shall be elected for the unexpired term. Board of Education of Stone Mountain. Sec. IV. Be it further enacted, That said board shall organize by electing a president and vice-president from their own number. The superintendent of schools, who shall be elected by said board, shall act as secretary for said board, and the treasurer of the town council shall act as treasurer for said board, but shall receive no extra compensation therefor. No member of the board shall receive compensation for his services. Officers. Sec. V. Be it further enacted, That said board of education shall have power to design and adopt a system of public schools for said town; to appoint a superintendent and employ teachers for same, to suspend or remove such teachers and superintendent, to fix their compensation, to provide schoolhouses by rent, building, purchase or otherwise; to make and hold titles to such property; and to make such rules and regulations for the government of themselves and said schools as they may deem proper and not in conflict with the laws of this State; and to do any and all things promotive of the best educational interests of said town, not in conflict with the provisions of this Act or the laws of this State. Powers of board. Sec. VI. Be it further enacted, That there shall be established and maintained for at least nine scholastic months in each year, under the provisions of this Act, one, and only one school for white children, and one, and only one school for colored children. No

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white child shall be admitted into the school for colored children. and no colored child shall be admitted into the school for white children. All children who are entitled to public school under the laws of this State, and whose parents, guardians or natural protectors bona fide reside within the corporate limits of said town shall be admitted to the aforesaid schools upon payment of such incidental fee only as the board of education may deem necessary. Children of non-residents, and such others as may not be entitled to the benefits of these schools, shall be admitted upon such terms as may be prescribed by the board of education, not in conflict with the laws of this State. Scholastic year. School children. Sec. VII. Be it further enacted, That after the ratification of this Act, it shall be the duty of the county school commissioner of DeKalb county, and he is hereby required, to pay over to the treasurer of the town of Stone Mountain, under such rules as the board of education of said town may provide, that portion of the public school fund of said county to which the schools established by this Act for said town may be entitled under the laws of this State and the rules of distribution under which the county board of education of DeKalb county assigns to the schools of the county their pro rata share of the school fund. Pro rata part of county school fund. Sec. VIII. Be it further enacted, That as early as practicable after the ratification of this Act, and by the 10th of January of each succeeding year, the board of education shall determine what amount of money it will be necessary to raise by taxation to defray the expenses of said schools for the ensuing year, and shall lay the same before the mayor and council of said town, and said mayor and council shall be required to levy and collect the same; provided, said amount does not exceed one-half of one per cent. of the taxable property of said town, in the same manner that other taxes of said town are levied, and collect and without additional expense therefor. Said tax when collected shall be turned over to the treasurer of the town council, and together with the amount received from the public school fund, such incidental and tuition fees as may be collected, and any other fund that may be placed in his hands for that purpose, shall constitute a fund to be expended only by order of the board of education in defraying the expenses necessary for carrying on said schools. School tax. Sec. IX. Be it further enacted, That after the ratification of this Act the board of education of DeKalb county shall not grant any license to, or contract with any person to teach a school of any character

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in said town, nor shall any of the State school fund be paid to any school in said town other than herein provided for; and it shall not be lawful for the said county board of education to establish or maintain any school or schools within two miles of the corporate boundaries of said town without the written contract of the board of education of said town. County board of education. Sec. X. Be it further enacted by the authority aforesaid, That the mayor and council of said town of Stone Mountain shall have power and authority to issue bonds of said town not to exceed in amount the sum of five thousand dollars ($5,000.00), or as much thereof as may be necessary. Said bonds may be issued of such denominations, and with such rate of interest, not exceeding seven per cent. per annum, as said mayor and council may determine upon. They shall run for a term not exceeding ten years, and said mayor and council may provide for the maturing of said bonds at any time during ten years. Said bonds when issued shall be sold and their proceeds turned over to the board of education of Stone Mountain, to be used by said board for the purpose of purchasing or erecting public school buildings in said town, and properly furnishing same, and for this purpose only. School bonds. Sec. XI. Be it further enacted, That before said bonds shall be issued it shall be so recommended by the board of education of said town, and the question of their issuance shall be submitted to the legally qualified voters of said town. For this purpose the mayor and council, upon recommendation of the board of education, shall order an election, of which at least thirty (30) days' notice shall be given by publication of such notice in whatever paper may be the official organ of DeKalb county. Said election shall be governed by the same rules and regulations as regular elections for mayor and councilmen, and the qualifications of voters shall be the same. Each voter shall have printed or written on his ballot the words For bonds, or Against bonds, and if two-thirds of the qualified voters of said town vote for bonds it shall be the duty of the mayor and council to issue them at once. Election. Sec. XII. Be it further enacted, That at or before the time of issuing any of said bonds the mayor and council of said town shall provide for the levy and collection of an annual tax, if necessary, in addition to all other taxes now authorized by law, and of sufficient amount to pay promptly the principal and interest of said debt when same shall become due, nor shall any part of the funds so raised be used for any other purpose. Sinking fund.

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Sec. XIII. Be it further enacted, That in case any school property acquired by said town under any provision of this Act, or otherwise, be sold, the funds derived from such sale shall be reinvested in other property to be used for school purposes, or applied to the liquidation of said bonds. School property. Sec. XIV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899.

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TITLE III. MISCELLANEOUS. ACTS. Appling county, dispensary for. Bryan county, domestic wine. Bibb county, waters of. Campbell county, commissioners of roads and revenues. Campbell county, bloodhounds for. Clayton county, commissioners of roads and revenues. Cobb county, watercourses. Elbert county, board of commissioners. Fulton county, bridge inspectors. Gwinnett county, manufacture of liquor. Hancock county, insolvent costs. Heard county, manufacture of liquor. Henry county, manufacture of liquor. Irwin county, per diem of jurors and bailiffs. Irwin, insolvent costs. Jackson county, manufacture of liquor. Jasper county, manufacture of liquor. Jones county, commissioners of roads and revenues. Laurens county, cotton seed, sale of. Lee county, protection of fish. Lincoln county, bonds to build jail. McDuffie county, insolvent costs. Milton and Forsyth counties, drainage. Monroe county, manufacture of liquor. Morgan county, chain gang. Morgan county, election of county commissioners. Monroe county, sale of liquor. Oglethorpe county, hire of misdemeanor convicts. Oglethorpe county, drainage. Rabun, Towns and Union counties, importation of [Illegible Text] Richmond county, hunting and fishing prohibited. Richmond county, shooting near highways. Spalding county, manufacture of liquor prohibited. Spalding county, chain gang. Union county, board of commissioners, abolished Walton county, manufacture of liquor. White county, board of commissioners' clerk. Whitfield county, sale of liquor. Whitfield county, fishing.

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APPLING COUNTY, DISPENSARY FOR. No. 309. An Act to repeal an Act approved December 10th, 1897, which Act repealed an Act approved February 20, 1877, amended and approved October 2d, 1879, and further amended and approved September 26th, 1883, regulating the license for the sale of spirituous and intoxicating liquors in Appling county, Georgia, and enacting in lieu thereof a dispensary for said county, and for other purpose, and to revive the Act regulating the license for the sale of spirituous and intoxicating liquors in said Appling county as it existed before it was repealed by said Act, approved December 10, 1897, establishing said dispensary, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act approved December 10, 1897, which Act repealed an Act approved February 20, 1877, amended and approved October 2, 1879, and further amended and approved September 26, 1883, regulating the license for the sale of spirituous and intoxicating liquors in Appling county, Georgia, and enacting in lieu thereof a dispensary for said county, and for other purposes, be, and the same, the said repealing Act, is hereby repealed. Appling county. Sale of liquor. Sec. II. Be it further enacted, That the Act approved February 20, 1877, amended and approved October 2, 1879, and further amended and approved September 26, 1883, regulating the license for the sale of spirituous and intoxicating liquors in Appling county, Georgia, be, and the same is hereby expressly reenacted and revived, with all of its provisions, and penalities prescribed and privileges granted. License. Sec. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899.

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BRYAN COUNTY, DOMESTIC WINE. No. 392. An Act to provide a tax for the manufacture and sale of domestic wines, in the county of Bryan, to fix a penalty for such manufacture and sale, without the payment of said tax, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, it shall be unlawful for any person or persons in the county of Bryan to manufacture and sell domestic wines in said county without first obtaining a license from the ordinary of said county to authorize such manufacture and sales, and paying into the county treasury the sum of one hundred dollars annually, and obtaining the county treasurer's receipt therefor. Bryan county, manufacture and sale of domestic wine. Sec. II. Be it further enacted, That any person or persons violating this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in section 1039 of the Criminal Code of Georgia. Sec. III. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899. BIBB COUNTY, WATERS OF. No. 368. An Act to repeal an Act entitled an Act for the protection of fish in the waters of Bibb county, to fix penalties for violation of same, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Act of the General Assembly of which the above is a title, and which was approved December 3d, 1897, and which Act made it unlawful for any person to shoot,

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spear, gig, poison, kill with dynamite, catch with seine, or entrap with any device whatsoever, except with hook and line, and fish in any stream, lake or pond in the county of Bibb for a period of five years from the passage of said Act, which Act made it unlawful for any person to keep or maintain upon any stream on his own land, or that of another, or to permit to remain in any stream upon or opposite land owned by himself, any trap, in any stream, lake or pond in the county of Bibb, during said period, and declaring the same a misdemeanor, and to provide the punishment for its violation, be, and the same is, hereby repealed. Bibb county, waters of. Approved December 20, 1899. CAMPBELL COUNTY, COMMISSIONERS OF ROADS AND REVENUES. No. 218. An Act to amend an Act approved February 8th, 1874, entitled an Act to create a board of commissioners of roads and revenues for the county of Campbell; define their powers and duties, and for other purposes, as amended by an Act approved October 25th, 1889, so as to strike from said Act and said amendment the word sixteen, whenever it occurs, and insert in lieu thereof the words twenty-four. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act approved February 8th, 1874, entitled an Act to create a board of commissioners of roads and revenues for the county of Campbell, define their powers and duties, and for other purposes, as amended by an Act approved October 25th, 1889, be amended by striking from said Act and said amendment the word sixteen wherever it occurs, and inserting in lieu thereof the words twenty-four, so that the seventh section of said Act shall read as follows: That said commissioners shall receive two dollars for each day of actual service rendered; provided, they shall not receive more than twenty-four dollars per annum and be exempt from all road and jury duty, and the ordinary of said county shall act as ex officio clerk of the said board of commissioners and for his services shall

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receive fifty dollars per annum. Said board is authorized to buy books and stationery for their use to be paid for by the treasurer of the county by order of said commissioners. Campbell county, commissioners of roads and revenues, salary of. Sec. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 29, 1899. CAMPBELL COUNTY, BLOODHOUNDS FOR No. 210. An Act to authorize and require the [Illegible Text] of roads and revenues of Campbell county to provide two bloodhounds for the use of the sheriff of said county, in catching criminals or persons suspected of crime or against whom any warrant may be issued or indictment found; to provide punishment for injury to or killing said bloodhounds, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the commissioners of roads and revenues of Campbell county have authority, and they are hereby authorized and required to provide, at the expense of the county, two bloodhounds for the use of the sheriff of said county, in catching criminals or persons suspected of crime or against whom any warrant may be issued or indictment found. Campbell county, bloodhounds for. Sec. II. Be it further enacted, That any person who shall maim or otherwise injure or kill any such bloodhounds, so provided by said county, shall be guilty of a misdemeanor, and be punished as prescribed in section 1039 of volume 3 of the Code of 1895. Penalty for injury to. Sec. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 29, 1899.

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LAYTON COUNTY, COMMISSIONERS OF ROADS AND REVENUES. No. 189. An Act to abolish the board of commissioners of roads and revenues of Clayton county, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the office of commissioner of roads and revenues for Clayton county is abolished, and the Act creating said board of commissioners, approved October 1st, 1887, and amendments thereto, be, and are, hereby repealed, and that all the powers and duties conferred upon said board are hereby vested in the ordinary of said county. Campbell county, board of commissioners abolished. Sec. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 22, 1899. COBB COUNTY, WATERCOURSES. No. 208. An Act to provide for the removal of obstruction of all kinds, other than dams used for operating mills or machinery of any kind, from creeks and other running streams in Cobb county, to compel the owners of land in said county, in which said streams may flow, to remove said obstructions, to provide in what manner the same may be removed, when said land owners neglect or refuse to remove such obstruction, and to provide conpensation therefor; to provide for the drainage of the lands in said county through which said streams flow, and extension of drains, ditches through the lands of another, and to provide for the payment of all damages which may be sustained by such land owners through whose lands such drains or ditches be cut or extended, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, all land owners in Cobb county, Georgia, shall, during the months of July and August, in

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each year remove from the running streams of water upon their respective lands all obstructions, including trash, trees, timber, rafts and other obstructions, except dams erected for the purpose of running machinery, or for fish ponds, which are excepted from the operation of this Act. Cobb county, watercourses of. Sec. II. Be it further enacted by the authority aforesaid, That should any land owner in said county fail or refuse to remove the obstructions, provided for in the first section of this Act, by the first day of September in each year, then, and in that event, it shall be lawful for any adjoining land owner, or any other land owner on the same stream, after first giving said land owners so failing or refusing to comply with this Act ten days' notice of his intention to do so, to enter upon the lands of said owner so failing and refusing to do so, and to remove such obstruction, or have the same removed, and that the owners of said lands shall be liable to pay the party removing or having such obstruction removed reasonable compensation for such labor, for which he shall have a lien on all of the property of the party so refusing, to rank as and be in force as other laborors' liens are now in force under the law, and be enforced in the same way. Removal of obstructions. Sec. III. Be it further enacted by the authority aforesaid, That when a running stream is the dividing line between two land owners, and either of said owners shall fail or refuse to join the other in removing the obstructions provided for in the first section of this Act, or shall refuse to remove them from his half of said stream, it shall be lawful for the other, after giving notice required in the second section of this Act, to enter and remove, or have removed such obstruction, and shall be entitled to reasonable compensation for one-half of such labor, to be collected as provided in the second section of this Act, and shall have the same lien as is herein provided for. When stream is land line. Sec. IV. Be it further enacted by the authority aforesaid, That whenever the owner of any land in said county of Cobb shall cut or dig any ditch or drain to the line of an adjoining land-owner, and it shall be necessary to extend such ditch or drain through the lands of such adjoining land-owner to a proper outlet in order to drain his lands, and such adjoining land-owner refuses to extend such ditch or drain or to allow the same to be extended through his or her lands, then, and in that event it shall be lawful for the parties desiring to extend such drain through the land of such adjoining land-owner to a proper outlet, to do so at his own expense, and if the

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land of such land-owners be injured or decreased in value by reason of such ditch or drain, the party so injured shall be paid reasonable compensation by the party so ditching or draining through said lands, the amount to be determined by three freeholders of said county, to be appointed by the ordinary thereof. Drainage. Sec. V. Be it further enacted, That this shall not apply to any stream where it is the dividing line between Cobb and another county. County line. Sec. VI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 29, 1899. ELBERT COUNTY, BOARD OF COMMISSIONERS. No. 201. An Act to amend an Act entitled an Act to amend an Act to provide a board of commissioners for the county of Elbert, approved February 27th, 1875, by providing compensation for said commissioners, and by providing them with a clerk and fixing his compensation, approved September the 25th, 1883, so as to increase the salary of said clerk to three hundred dollars per annum, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, an Act entitled an Act to amend an Act entitled an Act to provide a board of commissioners for the county of Elbert, approved February 27th, 1875, by providing compensation for said commissioners, and by providing them with a clerk and fixing his compensation, approved September the 25th, 1883, be and the same is hereby amended by striking out of section two of said Act the following words, to wit: fifty dollars a year for all services as such clerk, and inserting in lieu thereof the following words, to wit: three hundred dollars per annum for his regular services as such clerk, and such further sums as said commissioners may think proper for extra services, so that said section when amended shall read as follows: That said above recited Act be and the same is hereby further amended by providing that said county commissioners may employ a clerk for said board whose compensation shall be the sum of three hundred dollars per

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annum for his regular services as such clerk, and such further sums as said commissioners may think proper for extra services, which said salary shall be paid in quarterly installments on the order of the chairman or president of said board, by the county treasurer of said county. Elbert county. Board of commissioners' clerk, salary of. Sec. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 25, 1899. FULTON COUNTY, BRIDGE INSPECTORS. No. 267. An Act empowering and directing the treasurer of Fulton county to pay from the county treasury such sum as may be certified to him by the county commissioners of said county to be due the road and bridge inspectors of Fulton county. Section I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, C. M. Payne, the treasurer of Fulton county, his successor or successors, are hereby empowered and directed to pay to the county road and bridge inspectors of the county of Fulton such sum as may be certified to him by the county commissioners of said county to be due them, such inspectors being the following named persons, to-wit: A. M. Verner, chief, W. H. Ozburn, S. S. Shepherd, A. O. Turner, T. C. Mills, A. L. Pool, T. O. Connally, J. C. Connally, C. W. Whatley, W. M. Albert, and W. A. Bradly. Fulton county. Pay of bridge inspectors. Sec. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1899.

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GWINNETT COUNTY, MANUFACTURE OF LIQUOR. No. 193. An Act to make it unlawful to manufacture any alcoholic, spirituous, malt, or intoxicating liquors, except domestic wines, in the county of Gwinnett, and to prescribe penalties for violating same, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That from and after the first day of February, 1900, it shall be unlawful to manufacture any alcoholic, spirituous, malt or intoxicating liquors, except domestic wines in the county of Gwinnett. Gwinnett county, manufacture of liquor prohibited. Sec. 2. Be it further enacted, That any person, or persons, violating the provisions of this Act shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 1039, Volume 3 of the Code of 1895. Sec. 3. Be it further enacted, That all laws in conflict herewith be, and the same are, hereby repealed. Approved November 25, 1899. HANCOCK COUNTY, INSOLVENT COSTS. No. 204. An Act to require the commissioners of roads and revenues of Hancock county, to pay the criminal cost of the officers of the county court of said county in each case of conviction, when said convict is placed at work in the county chain-gang; provided, said cost does not exceed the sum of $2.50 per month for each month said convict is sentenced to work in said chain-gang, in which event said commissioners shall pay to said officers the sum of $2.50 per month as hire of said convict, to be prorated on their respective bills of cost. 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 commissioners of roads and revenues of Hancock county shall pay to the solicitor, clerk and bailiff of the county court of said county their respective

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bills of criminal cost accruing in said court, in each case of conviction, when said convict is placed at work in the county chain-gang; provided, said costs accruing in said court does not exceed the sum of $2.50 per month for each month that said convict is sentenced to work in said chain-gang, and in the event the said bills of cost do exceed the sum of $2.50 per month as aforesaid, the said commissioners shall pay to said officers the sum of $2.50 per month for each month said convict is sentenced to work in said chain-gang as hire of said convict, to be prorated on their respective bills of cost. All of said cost or hire to become due when said convict is accepted by said commissioners. Hancock county. Insolvent costs. Sec. 2. Be it further enacted by the authority aforesaid, That all laws andparts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 25, 1899. HEARD COUNTY, MANUFACTURE OF LIQUOR. No. 381. An Act to prohibit the manufacture of distilled spirits within the limits of the county of Heard, and to prescribe a penalty therefor, and for other purposes pertaining thereto. Section I. Be it enacted by the General Assembly of Georgia, That from and after the first day of January, 1900, it shall be unlawful for any person or persons, or firm, acting individually, jointly, or as a corporation, to manufacture any distilled spirits within the limits of the county of Heard. Heard county, manufacture of liquor. Sec. II. Be it further enacted, That any person violating the provisions of this Act shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 1039 of the Penal Code of Georgia of 1895. Penalty. Sec. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899.

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HENRY COUNTY, MANUFACTURE OF LIQUOR. No. 227. An Act to prohibit the manufacture of distilled or spirituous liquors of any kind from fruit, grain or other substance within the limits of Henry county, Georgia, and to provide a penalty for the violation thereof. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, it shall be unlawful for any person or persons to manufacture any distilled or spirituous liquors of any kind from fruit, grain or other substance within the limits of Henry county, Georgia. Henry county, manufacture of liquor. Sec. II. Be it further enacted, That any person or persons violating the provisions of this Act shall be punished as for other misdemeanors; provided, that this Act shall not become effective until April 1st, 1900. Penalty. Sec. III. Be it enacted, That all laws in conflict with this Act be, and they are, hereby repealed. Approved December 8th, 1899. IRWIN COUNTY, COMPENSATION OF JURORS AND BAILIFFS. No. 340. An Act to fix the compensation of jurors and bailiffs of the superior and county courts of Irwin county, provide the manner of payment of the same, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the per diem of jurors and court bailiffs serving or detained by the order of the superior or county courts of the county of Irwin for service, shall each be paid the sum of two dollars per day for each day's service; provided, however, all bailiffs who shall serve under order of said courts, as mounted bailiffs, shall receive the sum of three dollars per day for each day's service. Irwin county, per diem of jurors and bailiffs. Sec. II. Be it further enacted by the authority aforesaid, That

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upon presentation to the county commissioners of said county by a juror or bailiff a certificate of service from the judge or clerk of the superior or county courts, which certificate must give the term of court, number of days of service and the amount due, the commissioner shall issue his warrant upon the county treasurer in favor of said juror or bailiff for the amount due the same for said service, and the same shall be paid by said treasurer out of funds in his hands subject to such claims for services rendered in said courts. How paid. Sec. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899. IRWIN COUNTY, INSOLVENT COSTS. No. 279. An Act to provide for the payment by the county of Irwin of the legal costs due officers for services actually rendered in all misdemeanor cases where the parties convicted are under sentence worked in the chaingang, on the public roads or other public works of said county, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the legal costs in all misdemeanor cases tried in the superior and county courts of the county of Irwin in which the accused is convicted and under sentence of either of the above mentioned courts, is worked in the county chaingang of said county, on the public roads or other public works of said county, shall be paid by said county to said officers; provided, the provisions of this Act shall apply only to legal costs for actual services rendered in said misdemeanor cases in said courts by the solicitors-general of the superior and county courts of said county, clerks of the superior and county courts, sheriffs, county court bailiffs, justices of the peace and constables of said county and state. Irwin county, insolvent costs. Sec. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 19th, 1899.

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JACKSON COUNTY, MANUFACTURE OF LIQUOR. No. 272. An Act to prohibit the manufacture of any spirituous, malt, or intoxicating liquors, except domestic wines made from grapes or berries, within the limits of Jackson county; to provide a penalty for violation of same, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the first day of January, 1900, it shall not be lawful for any person or persons, firm or corporation to manufacture within the limits of the county of Jackson any spirituous, malt, or intoxicating liquors, except domestic wines made from grapes or berries. Jackson county, manufacture of liquor. Sec. II. Be it further enacted by the authority aforesaid, That any person or persons violating the provisions of this Act shall be guilty of a misdemeanor and be punished as prescribed in section 1039, volume three, Code of 1895 of the State of Georgia. Penalty. Sec. III. Be it further enacted by the authority aforesaid, That this Act shall not take effect until ratified by the people of Jackson county at an election called for that purpose under the same rules, regulations and provisions as those prescribed for a local option election in sections 1541, 1542, 1543, 1544, 1545, 1546, 1547, and 1548 of volume I. of the Code of 1895, except that the words written or printed upon the tickets shall be either Against the manufacture, or For the manufacture, in lieu of the words prescribed by section 1544; provided, the petition presented to the two representatives from Jackson may be used to get the ordinary to call the election. Election. Sec. IV. Be it further enacted by the authority aforesaid, That all laws in conflict herewith be, and the same are, hereby repealed. Approved December 20, 1899.

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JASPER COUNTY, MANUFACTURE OF LIQUOR. No. 200. An Act to prohibit the manufacture of spirituous, malt and intoxicating liquors (excepting domestic wine, made from grapes and berries) within the limits of Jasper county, and for other purposes, and providing a penalty for violation of same. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the first day of January, 1900, it shall be unlawful for any person, persons, firm or corporation to manufacture within the limits of the county of Jasper, any spirituous, malt or intoxicating liquors, excepting only domestic wines made from grapes or berries. Jasper county, manufacture of liquor. Sec. II. Be it further enacted by authority aforesaid, That any person or persons violating the provisions of this Act shall be guilty of a misdemeanor for each violation thereof, and shall be punished as prescribed in section 1039, Volume III., Code of 1895, of the State of Georgia. Penalty. Sec. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 25, 1899. JONES COUNTY, COMMISSIONERS OF ROADS AND REVENUES. No. 226. An Act to amend an Act approved December 12, 1894, entitled an Act to provide a board of county commissioners of roads and revenues for Jones county, defining the powers and duties of said board, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, That section 1st of the Act of December 12, 1894, be amended by striking out the word five in the fourth line of said section 1st, and inserting in lieu thereof the word three, and that the words in the fifth and sixth lines as follows: to be recommended by the grand jury and appointed by the judge of

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the superior court, be stricken and inserting in lieu thereof the following: to be elected as the county officers are elected, at the next election for county officers, and to hold their terms of office for two years and until their successors are elected and qualified, so that said section, as amended, shall read as follows: Be it enacted by the General Assembly of the State of Georgia, That a board of county commissioners of roads and revenues is hereby provided for Jones county; said board to consist of three members, to be elected at the next election for county officers, and to hold their terms of office for two years and until their successors are elected and qualified. Jones county. Commissioners of roads and revenues. Sec. II. Be it enacted by the authority aforesaid, That section 2 of said Act be stricken from said Act. Sec. III. Be it further enacted by the authority aforesaid, That section 3 of said Act be, and the same is, amended by striking from said section all of said section after the word governor in the sixth line of said section and inserting in lieu thereof, on a certificate of the ordinary of said county of their election, so that said section, as amended, shall read as follows: Be it further enacted, That said board, before entering upon the duties of their office, shall take the usual oath required of county officers, which shall be filed in the office of the ordinary of said county, and shall be liable as other county officers for malfeasance or malpractice in office. They shall be commissioned by the governor on a certificate from the ordinary of said county of Jones of their election. Oath of. Sec. IV. Be it further enacted, That no one shall be eligible to the office of county commissioner of Jones county unless he shall have attained the age of twenty-one years and been a bona fide resident of said county of Jones for two years immediately preceding his election. Qualifications. Sec. V. Be it further enacted, That section 8 of said Act be stricken from said Act. Sec. VI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 8, 1899.

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LAURENS COUNTY, COTTON SEED, SALE OF. No. 217. An Act to prohibit the buying or selling of seed cotton in the county of Laurens between the dates of the 15th day of August and the 15th day of December of each year, to provide a penalty for a violation of the same, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, it shall be unlawful for any one to sell, buy or otherwise traffic in seed cotton in the county of Laurens between 15th day of August and the 15th day of December of each year; provided, the provisions of this Act shall not apply to judicial sales by any officer authorized by law to make such sale. Laurens county, cottonseed, sale of prohibited. Sec. II. Be it further enacted by the authority aforesaid, That all persons violating this Act shall be guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 1039 of volume 3 of the Code of 1895. Penalty. Sec. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 29, 1899. LEE COUNTY, PROTECTION OF FISH. No. 199. An Act for the protection of fish in the streams of Lee county, and to fix penalties for violation of same, and for other purposes, approved December 16, 1897. Section I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, That an Act entitled an Act for the protection of fish in the streams of Lee county, and to fix penalties for violation of the same, and for other purposes, approved December 16, 1897, be, and the same is, hereby repealed. Lee county, Protection of fish.

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Sec. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and are, hereby repealed. Approved November 25, 1899. LINCOLN COUNTY, BONDS TO BUILD JAIL. No. 379. An Act to authorize the ordinary of Lincoln county, Georgia, to issue coupon bonds of said county in a sum not exceeding three thousand dollars, bearing interest at the rate of eight per cent. per annum, the said interest and five hundred dollars of the principal payable each year on the 1st day of December; to provide for the levy and collection of a tax for the payment of said bonds and interest thereon; said bonds to be issued for the purpose of building a jail for said county of Lincoln. Section I. Be it enacted, That Lincoln county, Georgia, be authorized to borrow the sum of three thousand dollars, or such part thereof as may be necessary for the construction of a county jail, and to pay eight per cent. interest for the use thereof, after compliance with the provisions herein contained. Lincoln county, may borrow money to build jail. Sec. II. Be it further enacted, That the ordinary of said county be authorized to issue coupon bonds of said county for an amount not exceeding three thousand dollars, bearing interest at 8 per cent. per annum, so that the last of said bonds shall fall due on the first day of December six years from the issue of said bonds. Said bonds are to annually fall due five hundred dollars and interest on the first day of each December succeeding the issue of said bonds. Bonds. Sec. III. Be it further enacted, That before such debt be incurred an election shall be held in January, 1900, at which it shall be determined as provided by law whether such debt shall be incurred, and at said election all voters duly qualified to vote for representative at the last general election shall be entitled to vote therein. The tickets shall be printed For bonds for county jail, and Against bonds for county jail. Election. Sec. IV. Be it further enacted, That the ordinary shall be authorized to take all further steps necessary to comply with the law in such cases provided, and to issue the bonds in the event the election shall authorize the issuance of said bonds. Ordinary, authority of.

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Sec. V. Be it further enacted, That the ordinary is authorized to levy such tax or taxes as may be necessary to pay such debt as is provided by law. Tax. Sec. VI. Be it further enacted, That all conflicting laws are hereby repealed. Approved December 20, 1899. MCDUFFIE COUNTY, INSOLVENT COSTS. No. 371. An Act to repeal an Act entitled an Act to provide for the payment of certain insolvent criminal costs in the Augusta Judicial Circuit, approved February 15th, 1873, in so far as said Act applies to McDuffie county. 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 so much of an Act to provide for the payment of certain insolvent criminal costs in the Augusta judicial circuit, approved February 15th, 1873, as applies to McDuffie county be, and the same is, hereby repealed. McDuffie county, insolvent costs. 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 20, 1899.

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MILTON AND FORSYTH COUNTIES, DRAINAGE. No. 384. An Act to provide for the removal of obstructions of all kinds, other than dams used for operating mills or machinery of any kind, from the creeks or other running streams in Milton county; to compel the owners of land in said county, in which said streams may flow, to remove said obstructions; to provide in what manner the same may be removed, when said land owners neglect or refuse to remove such obstructions, and to provide compensation therefor; to provide for the drainage of the lands in said county through which said streams flow, and the extension of drains or ditches through the lands of another, and to provide for the payment of all damages which may be sustained by such land owners through whose land such drains or ditches shall be cut or extended, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act all land owners in Milton county, Georgia, shall, between the first days of May and September in each year, remove from the running streams of water upon their respective lands all obstructions, including trash, trees, timber, rafts and other obstructions, except dams erected for the purpose of running machinery, or for fish traps, which are excepted from the operation of this Act. Milton county, water-courses. Sec. II. Be it further enacted by the authority aforesaid, That should any land owner in said county fail or refuse to remove the obstructions provided for in the first section of this Act by the first day of September in each year, then, and in that event, it shall be lawful for any adjoining land owner, after first giving said land owner, so failing or refusing to comply with this Act, ten days notice of his intention to do so, to enter upon the lands of the owner so failing and refusing to do so, and to remove such obstructions, or have the same removed, and that the owner of such lands shall be liable to pay the party removing or having such obstructions removed reasonable compensation for such labor, for which he shall have a lien on all of the property of the party so refusing, to rank and be in force as other laborers' liens are now in force under the law, and enforced in the same way. Removal of obstructions. Sec. III. Be it further enacted by the authority aforesaid, That whenever a running stream is the dividing line between two land

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owners, and either of said owners should fail or refuse to join the other in removing the obstructions provided for in the first section of this Act, or shall fail or refuse to remove them from his half of said stream, it shall be lawful for the other, after giving the notice required in the second section of this Act, to enter and remove, or have removed, such obstructions, and shall be entitled to reasonable compensation for one-half of such labor, to be collected as provided in the second section of this Act, and shall have the same lien as is herein provided for. Where watercourse is land line. Sec. IV. Be it further enacted by the authority aforesaid, That whenever the owner of any land in the county of Milton shall cut or dig any ditch to the line of an adjoining land owner, and it shall be necessary to extend such ditch or drain through the lands of such adjoining land owner to a proper outlet in order to drain his lands, and such adjoining land owner refuses to extend such ditch or drain or to allow the same to be extended through his or her lands, then and in that event it shall be lawful for the parties desiring to extend such drain through the lands of such adjoining land owner to a proper outlet, to do so at his own expense, and if the lands of such land owners be injured or decreased in value by reason of such ditch or drain, the party so injured shall be paid reasonable compensation by the party so ditching or draining through said lands, the amount to be determined by three freeholders of said county to be appointed by the ordinary thereof. Ditches. Sec. V. Be it further enacted, That this shall not apply to any stream where it is the dividing line between Milton and another county. County line. Sec. VI. Be it further enacted, That the provisions of this Act be, and the same are, applied to the county of Forsyth. Forsyth county. Sec. VII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899.

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MONROE COUNTY, MANUFACTURE OF LIQUOR. No. 395. An Act to prohibit the manufacture of spirituous or malt liquors in the county of Monroe, to prescribe a penalty for violation of said act, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act it shall be unlawful for any person or persons or corporation to manufacture any spirituous or malt liquors in the county of Monroe in this State; provided, that the provisions of this Act shall not apply to the manufacture of domestic wine made from grapes or berries grown upon his own land, or upon rented land, by his own labor or labor employed directly by him. Monroe county, manufacture of liquor. Sec. II. Be it further enacted by the authority aforesaid, That any person or persons or corporation violating this Act shall be guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 1039, volume 3 of the Code of 1895. Penalty. Sec. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this act be, and the same are, hereby repealed. Approved December 20, 1899. MORGAN COUNTY, CHAINGANG. No. 195. An Act to repeal an Act entitled an Act to authorize the judge of the county court of the county of Morgan to deliver to the board of county commissioners of said county all persons who shall be convicted in Morgan county court, of misdemeanors, and in consequence thereof would serve on any chaingang, said convicts to be employed by said commissioners in working the public roads of said county, under the provisions of the general road law now of force in this State, and embraced in an Act approved October 21st, 1892, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, an Act entitled an

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Act to authorize the judge of the county court of the county of Morgan to deliver to the board of county commissioners of said county all persons who shall be convicted in Morgan county court, of misdemeanors, and in consequence thereof would serve on any chaingang, said convicts to be employed by said commissioners in working the public roads of said county, under the provisions of the general road law now of force in this State and embraced in an Act approved October 21st, 1892, and for other purposes, approved December 21st, 1893, be, and the same is, hereby repealed. Morgan county. Chaingang Sec. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 25, 1899. MORGAN COUNTY, BOARD OF COMMISSIONERS. No. 197. An Act to amend an Act entitled an Act to create a board of commissioners for the county of Morgan, approved February 11th, 1874, as amended by an Act approved September 1st, 1891, so as to provide that the commissioners shall be elected by the grand jury at the fall term of Morgan Superior Court. Section I. Be it enacted by the General Assembly of Georgia' That section 1 of an Act entitled an Act to create a board of commissioners for the county of Morgan, approved February 11th, 1874, as amended by an Act approved September 1st, 1891, be amended by striking out the word spring in the eighth line of said section, as amended, and inserting in lieu thereof the word fall, so that said section, when amended, shall read as follows: Morgan county. Sec. I. Be it enacted, That there shall be established in the county of Morgan a board of five county commissioners, who shall be elected as follows: The grand jury at the spring term, 1892, of Morgan superior court, shall elect two commissioners for the term of one year, and three commissioners for the term of two years, and as their terms expire their successors shall be elected by the grand jury at the fall term of said court, which election shall be approved by the judge of the superior court, each for a term of two years and until their successors are elected and qualified. Election of county commissioners.

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Sec. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 25, 1899. MONROE COUNTY, SALE OF LIQUOR. No. 378. An Act to amend an Act entitled an Act to prohibit the sale of alcoholic, spirituous and malt liquors or intoxicating bitters in the county of Monroe, after submitting the same to the qualified voters of said county, to provide a penalty, and for other purposes by striking therefrom the sixth section of said Act which allows physicians to furnish liquor to patients under treatment by them. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, an Act approved December 5, 1882, entitled an Act to prohibit the sale of alcoholic, spirituous or malt liquors or intoxicating bitters in the county of Monroe after submitting the same to the qualified voters of said county, to provide a penalty, and for other purposes be, and the same is, hereby amended by striking therefrom the sixth section of said Act, which allows practicing physicians to furnish liquors to patients under treatment by them. Monroe county, sale of liquor. Sec. II. Be it further enacted by the authority aforesaid, That this Act shall not be construed as repealing that portion of section six which allows persons to sell domestic wine made by him in said county. Domestic wine. Sec. III. Be it further enacted, That the provisions of this Act shall not become operative until the same has been submitted to and ratified by the qualified voters of said county at an election to be held in sixty days from the passage of this Act, the same to be ordered by the ordinary of said county to whom the returns shall be made, and who shall consolidate and declare the result. Said question shall be submitted at a time when no other issue is submitted to the voters, and registration books for registering voters shall be opened as soon after the said election is ordered as practicable, and shall be closed twenty days before said election, and no one shall vote at said election except those who may qualify and register under the

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provisions of this Act. At said election those favoring the provisions of this Act shall have written or printed on their ballots For ratification of amendment, and those opposing the provisions of this Act shall have written or printed on their ballots Against the amendment. And if at said election a majority of the votes cast are for ratification of amendment, then the provisions of this Act shall immediately become operative, and any one violating the provisions of this Act shall be guilty of a misdemeanor, and, on conviction, punished as provided in section 1039 of volume III. of the Code of Georgia. Election. Sec. IV. Be it further enacted, That all laws and parts of laws in violation of the provisions of this Act be, and the same are, hereby repealed. Approved December 20, 1899. OGLETHORPE COUNTY, HIRE OF MISDEMEANOR CONVICTS. No. 334. An Act to authorize and require the board of commissioners of roads and revenue of Oglethorpe county to hire out the labor of all misdemeanor convicts of said county, and all such convicts as may be acquired by said county, by contract or otherwise; to appropriate, as provided by said Act, the proceeds of the hire of the labor of such convicts, and to legalize and make valid all contracts of hire, and to place said misdemeanor convicts under the special supervision of said board of commissioerns of roads and revenue of said county, and for other purposes. Section I. The General Assembly of Georgia do enact, and it is hereby enacted by authority of the same, That the commissioners of roads and revenue of Oglethorpe county and their successors in office are hereby authorized and required on such terms and under such rules and regulations as may be prescribed by them, to hire out the labor of all misdemeanor convicts convicted and sentenced in the courts of said county, and all such convicts as may be acquired by said commissioners of roads and revenue, of said county by contract or otherwise, from any other county or proper authority in said state, who shall comply with the terms, rules and regulations fixed by said commissioners. Oglethorpe county. Misdemeanor convicts.

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Sec. II. Be it further enacted, That the commissioners of roads and revenue of said county shall exercise special supervision over said convicts, and enforce the provisions of the law relative to the safety, proper care and custody of said convicts. Supervision of Sec. III. That the commissioners of roads and revenue of said county shall provide guards, and all other agents and employees necessary to the safe-keeping, general welfare and proper custody and control of said misdemeanor convicts. Guards. Sec. IV. Be it further enacted, That the hirer of the labor of said convicts, under the provisions of this Act, shall be entitled to the labor of said convicts, and is also authorized to direct and designate when and where said convicts shall be worked, provided the same is authorized by law. Hirer. Sec. V. Be it further enacted, That this Act is not to be construed in any manner whatever to vacate or impair any contract or contracts heretofore made by said board of commissioners of roads and revenue of said county, and any and all contracts of hire for the labor of misdemeanor convicts heretofore made by said board of commissioners of roads and revenue is hereby confirmed and declared to be legal. Contracts for hire. Sec. VI. Be it further enacted, That the proceeds of the hire of said convicts shall be applied as now provided by law. Proceeds of hire. Sec. VII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899. OGLETHORPE COUNTY, DRAINAGE. No. 301. An Act to require the owners of land traversed by creeks or other streams, in Oglethorpe county, to clean out all obstructions in the same and allow a full and open channel for the free passage of the water of the same, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That within twelve months after the passage of this Act all persons owning lands in the county of Oglethorpe traversed by creeks, branches or other like streams, are hereby required to clean out and remove all obstructions,

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within the limits of their own premises, from said creeks, branches, or other streams, and thereby allow a full and open channel for the free passage of the water of said streams. Oglethorpe county, drainage. Sec. II. Be it further enacted, That if any owner of lands in said county shall neglect or refuse to remove the obstructions from the streams as provided in the first section of this Act, after sixty days' written notice by the adjoining land, said failure, neglect or refusal to remove the same shall be deemed and held to be a nuisance, and said obstructions shall be removed as now provided by law for the abatement of a private nuisance, upon the application of any adjoining land owner, and the mode of procedure shall be as prescribed by law for the abatement of a nuisance. Obstructions in streams, how removed. Sec. III. Be it further enacted, That the cost of such procedure shall be paid by the owner of said land so neglecting or refusing to remove said obstructions from said stream or streams. This Act shall not be construed to prevent the constructions of any dam, or any like obstruction, across any branch, or other like stream, for the purpose of erecting a mill, or other public or private utility. Costs. Sec. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899. RABUN, TOWNS AND UNION COUNTIES, IMPORTATION OF CATTLE. No. 332. An Act to prohibit the driving, transferring or conveying of cattle from any point south of the Blue Ridge Mountains into or through the counties of Rabun, Towns and Union, in this State, to prescribe for quarantining in certain sections of said territory and to prescribe penalties for violation of the same, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall be unlawful for any person or persons to drive, transport or convey cattle for any purpose whatever from any point south of the Blue Ridge mountains into or through the counties of Rabun, Towns and

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Union, in this State; provided, that the provisions of this Act shall not be so construed as to prevent the driving of cattle through said section, which are free from any contagious or infectious disease or splenetic fever during the months of November, December, January and February of each year. Rabun, Towns and Union counties, importation of cattle. Sec. II. Be it further enacted by the authority aforesaid, That whenever any cattle in either of said counties are found to be infected with any splenetic fever or contagious or infectious disease, the ordinary of the county wherein said cattle are found shall, in writing, order the owner or the person in possession of said cattle to confine the same within limits to be prescribed in such order of said ordinary, and any person moving or causing to be removed such cattle without such limits without first obtaining a permit in writing from said ordinary shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 1039, Vol. 3 of the Code of 1895. Confinement of diseased cattle. Sec. III. Be it enacted by the authority aforesaid, That this Act shall not be so construed as to prohibit or exclude any person or persons living in said counties mentioned in this Act from returning to the same with work cattle, or from causing said cattle to be returned during the months of November, December, January and February, which said work cattle have not been out of the territory included in said counties of Rabun, Towns and Union for a continuous period of not longer than two weeks. Work cattle. Sec. IV. Be it further enacted by the authority aforesaid, That any person or persons violating any of the provisions of this Act shall be guilty of a misdemeanor, and upon conviction in any court of competent jurisdiction shall be punished as prescribed in section 1039, Vol. III. of the Penal Code of 1895. Penalty. Sec. V. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899.

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RICHMOND COUNTY, HUNTING AND FISHING. No. 212. An Act to make it unlawful for any person or persons to hunt or fish on the lands of another in Richmond county, in this State, whether enclosed or unenclosed, posted or not posted, without the verbal or written permission of the owner or agent of such lands, first obtained; to prescribe a penalty for any violation of the provisions of this Act, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall be unlawful for any person or persons to hunt or fish on the lands of another, in Richmond county, in this State, whether enclosed or unenclosed, posted or not posted, without the verbal or written permission of the owner or agent of such lands first obtained. Any person or persons violating the provisions of this Act shall be deemed guilty of a misdemeanor, and, on conviction thereof, in any court of competent jurisdiction, shall be punished as prescribed in section 1039, Vol. III. of the Code of 1895. Richmond county, hunting and fishing prohibited. Penalty. Sec. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 29, 1899. RICHMOND COUNTY, SHOOTING NEAR ROADS. No. 214. An Act to make it unlawful for any person or persons, in the daytime, wilfully to discharge any firearms on or within one hundred yards of any public highway, in Richmond county, this State, except in defense of person or property, or on his or their own premises; to prescribe a penalty for any violation of the provisions of this Act, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from

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and after the passage of this Act, it shall be unlawful for any person or persons, in the daytime, wilfully to discharge any firearms on, or within one hundred yards of any public highway in Richmond county, in this State, except in defense of person or property, or on his or their own premises. Any person or persons violating any of the provisions of this Act shall be deemed guilty of a misdemeanor, and, on conviction thereof in any court of competent jurisdiction, shall be punished as prescribed in section 1039, Vol. III. of the Code of 1895. Richmond county, shooting near highways prohibited. Sec. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 29, 1899. SPALDING COUNTY, MANUFACTURE OF LIQUOR No. 305. An Act to make it unlawful to manufacture any alcoholic or spirituous or malt or intoxicating liquors except domestic wines in the county of Spalding, and to prescribe a penalty for violating same, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, That from and after the first day of April, 1900, it shall be unlawful to manufacture any alcoholic, spirituous, malt or intoxicating liquors, except domestic wines, in the county of Spalding. Spalding county, manufacture of liquor. Sec. II. Be it further enacted, That any person or persons violating the provisions of this Act shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 1039 of Vol. 3 of the Code of 1895. Penalty. Sec. III. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved December 20, 1899.

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SPALDING COUNTY, CHAINGANG. No. 213. An Act to permit the board of commissioners of roads and revenues of Spalding county to pay to the officers of the superior court of Spalding county and city court of Griffin a reasonable compensation for misdemeanor convicts turned over by said officers from said courts to work on the chaingang of said county. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the board of commissioners of roads and revenues of Spalding county are hereby authorized, in their discretion, to pay to the officers of the superior court of Spalding county and the city court of Griffin a reasonable compensation, to be fixed by said board for misdemeanor convicts convicted in said courts and turned over to the chaingang of Spalding county. Spalding county. Chaingang. Sec. II. Be it further enacted, That the money thus paid for any convict shall first be applied to the costs of that case, including jail fees and the cost of the justice of the peace and constable if said case originated in a justice court. If not sufficient to pay all costs, then to be equitably prorated by the judge of the court, and balance, if any over costs, to be distributed as other fines and forfeitures. Hire of convicts, how applied. Sec. III. Be it further enacted, That said board of commissioners of roads and revenues of Spalding county shall, in no event, pay more to the officers of Spalding county for convicts than they would have to pay for convicts from other sources. Price. Sec. IV. Be it further enacted, That all laws and parts of laws conflicting with this Act are hereby repealed. Approved November 29, 1899.

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UNION COUNTY, BOARD OF COUNTY COMMISSIONERS ABOLISHED. No. 206. An Act to repeal an Act entitled an Act to create a board of county commissioners of roads and revenues in and for the county of Union; to define their powers and duties, and for other purposes, approved September 24th, 1887. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the above mentioned Act, creating a board of county commissioners of roads and revenues in and for the county of Union; to define their powers and duties; and for other purposes, approved September 24th, 1887, be, and the same is, hereby repealed. Union county, board of county commissioners abolished. Sec. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 28, 1899. WALTON COUNTY, MANUFACTURE OF LIQUOR. No. 291. An Act to prohibit the manufacture of any spirituous, malt or intoxicating liquors, except domestic wines, made from grapes or berries, within the limits of Walton county; to provide a penalty for violation of same, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act it shall not be lawful for any person or persons, firm or corporation, to manufacture within the limits of the county of Walton any spirituous, malt or intoxicating liquors, except domestic wines made from grapes or berries. Walton county, manufacture of liquor. Sec. II. Be it further enacted by the authority aforesaid, That any person or persons violating the provisions of this Act shall be guilty of a misdemeanor for each violation thereof, and shall be

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punished as prescribed in section 1039, Vol. III. of the Code of 1895, of said State. Penalty. Sec. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 19, 1899. WHITE COUNTY, BOARD OF COMMISSIONERS' CLERK. No. 404. An Act to amend an Act to create a board of commissioners of roads and revenues in the county of White, to define their powers and duties, and for other purposes, approved Sept. 11th, 1891. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same. That section VII. of the above recited Act be amended by striking the words clerk of the superior court in the 9th and 10th lines of said section and inserting in lieu thereof the words ordinary or clerk of the court of ordinary, so that said section when amended shall read as follows: That said commissioners shall hold at least one meeting each month and shall keep a record of all their proceedings in a well-bound book, to be purchased by them for the purpose, and paid for by the county treasurer on their order, and shall submit the same to the inspection of the grand jury at each regular term of the superior court. Said commissioners may hold special sessions in addition to the regular monthly sessions whenever the interests of the county demand it. The ordinary or clerk of the court of ordinary shall be ex officio clerk of said board and shall receive the same pay for his services as hereinafter provided for, said commissioners to be paid by the county treasurer on the order of said board. White county. board of commissioners, clerk. Sec. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899.

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WHITFIELD COUNTY, SALE OF LIQUOR. No. 277. An Act to amend an Act entitled an Act to submit to the qualified voters of Whitfield county or any militia district therein whether liquor shall be sold in said county or district, and approved September 26, 1883, so as to provide that no election shall be held under the provisions of said Act until a majority of the qualified voters of said county petition for such election. Section I. Be it enacted by the General Assembly of the State of Georgia, That section 2 of said Act shall be amended by striking out the words one-fifth in the second and third lines of said section, and the words the qualified voters of any militia district therein, and insert in lieu thereof in the second line the words a majority, so that said section when amended shall read as follows: Be it further enacted that upon the application by petition signed by a majority of the qualified voters of Whitfield, the ordinary of said county shall order an election to be held at the place for holding elections for members of the Legislature, to take place within forty days after the reception of such petition, and he shall advertise notice of said election in the newspapers of said county of Whitfield for thirty days prior to the same; and shall give such other notice as he may deem necessary to determine whether or not such liquors as are mentioned in the first section of this Act shall be sold within the limits of such designated place; provided, that the qualified voters shall be ascertained by the ordinary by reference to the tax digest of the preceding year. Whitfield county, Sale of liquor. Sec. II. Be it further enacted, That section four of said Act and all other laws in conflict with this Act be, and they are, hereby repealed. Approved December 19, 1899.

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WHITFIELD COUNTY, FISHING. No. 198. An Act repealing an Act regulating the taking of fish in the streams of Whitfield county for the space of five years, approved December 24th, 1896. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the above described Act regulating the taking of fish in the streams of Whitfield conty for the space of five years, be, and the same is, hereby repealed. Whitfield county, fishing. Sec. II. That all laws in conflict herewith are hereby repealed. Approved November 25, 1899.

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Part III.Private Laws.

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ACTS. For relief of Martin H. Dooley. Second Baptist Church, Columbus, sale of. Vernon Shell Road Company. FOR RELIEF OF MARTIN H. DOOLEY. No. 316. An Act to relieve Martin H. Dooley as one of the securities on the bond of E. A. Richards Company, as lessees of the Northeastern Railroad. Whereas, Martin H. Dooley, one of the securities on the bond of E. A. Richards Co., lessees of the Northeastern Railroad, in the State of Georgia, did, as manager of said road, procure the putting of a large amount of betterments thereon and prevented the removal of a large amount of cross-ties and other material therefrom, as well as the checking out from bank of a considerable sum of money of the earnings of said road, while the same were in the hands of said lessees, to the great benefit of the State of Georgia, to an amount greater than his liability on said bond as one of the sureties thereon; Martin H. Dooley, relief of. Therefore, Section I. Be it enacted by the General Assembly of Georgia, That the said Martin H. Dooley be, and he is, hereby relieved and released from all liability as surety on said bond to the State of Georgia. Sec. II. Be it enacted by the authority aforesaid, That all the laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 21, 1899.

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SECOND BAPTIST CHURCH, COLUMBUS, SALE OF. No. 205. An Act to authorize the sale of what is known as the Second Baptist church building and lot on First Avenue, Columbus, Georgian, now owned by the Rose Hill Baptist church, and for other purposes. Whereas, By authority of the Act of the General Assembly of Georgia, approved September 5th, 1881, the commissioners of commons of the city of Columbus, on the 17th day in July, 1882, conveyed to Elder James W. Howard and Deacon D. M. Morris and Wesley H. Tice, of the Second Baptist church of the city of Columbus, in trust for the church uses therein set forth, the following described property in Muscogee county, Georgia, to wit: Preamble. All that part of lot No. 196 in the city of Columbus described as follows: Beginning at the southeast corner of said lot No. 196, thence running north along First Avenue, formerly known as Oglethorpe street, fifty-five feet, thence west 147 feet 10 inches to the original starting point, also with the right of ingress and egress over and through a ten-foot alley above and north of and adjoining said fifty-five feet herein granted extending back to the depth of said lot. And, whereas, The name of said church has been changed to and is now the Rose Hill Baptist church, and as such is, through its deacons, J. B. Knight, James A. Johnson, J. D. Ruffin, Louis G. Howard and Robert L. Johnson, trustees, owner of said property, and it is the desire of said church, its congregation and trustees, and in the interest of the purposes for which said conveyance was made, that the location of said church be changed. Section I. Therefore, be it enacted by the General Assembly of the State of Georgia, That the said trustees of the Rose Hill Baptist church and their successors in trust be, and they are, hereby authorized and empowered to sell and dispose of said described property at public or private sale, for cash or on credit, and to make to the purchaser an absolute fee simple title free from each and every condition, trust and covenant mentioned in said first named conveyance. Second Baptist church, or Rose Hill Baptist church, sale of. Sec. II. Be it further enacted by the authority aforesaid, That said trustees and their successors in trust shall hold, use and

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expend the proceeds of such sale in like manner as other church moneys, under their church government, are held, used and expended, the same being hereby discharged from all of the trusts, conditions and limitations expressed in said first named conveyance. Proceeds of sale. Sec. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 25, 1899. VERNON SHELL ROAD COMPANY. No. 353. An Act to amend an Act approved December 15, 1859, and an Act amendatory thereof, approved October 24, 1870, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, That an Act amending the charter of the Vernon Shell Road Company, approved October 24, 1870, be, and the same is, hereby amended by striking sections 2 and 3 therefrom and substituting in lieu thereof the following: Sec. II. Be it further enacted, That the said company shall be fully empowered to construct, use and run over the extreme eastern or western margin of said roadway of said Vernon Shell Road to White Bluff and Rose Dew in Chatham county, Ga., upon which it can operate cars with either electricity or other motive power except steam, as they may desire, for the purpose of the transportation of freight and passengers. Vernon Shell Road Co. may operate electric cars to White Bluff and in Savannah. Sec. III. Be it further enacted, That said company shall have full power to construct and maintain a railroad track, operate cars thereon, either by electricity or other motive power, except steam, and may, in connection therewith, run such cars or vehicles over the streets of the city of Savannah for the purposes above enumerated; provided, authority so to do be granted to said company by the mayor and aldermen of the city of Savannah. Sec. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1899.

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Part IV.Resolutions.

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RESOLUTIONS. For relief of estate and securities of John P. Lamb. To pay for investigation of Geological Department. Hon. W. S. King, per diem. To pay pension of W. R. H. Statham. To pay per diem and expenses of tax committee. Repairs of Georgia Normal and Industrial College. For relief of A. J. Davis. Pensions of T. J. Traylor and S. P. Rutherford. Investigation of Georgia Sanitarium. Per diem and mileage of Hon. Elijah Tanner. State University, visiting committee. For relief of sureties of J. W. Johnson, tax collector. Sale of Second Baptist church, Columbus. Committee on Northeastern railroad, expenses of. For deepening bar and St. Johns river. Paris Exposition, commissioners to. Unfinished business of legislature. Clerk of House and Secretary of Senate, special service. Ocean bar of Brunswick, Ga. Dental surgery at Georgia Sanitarium. Pensions of Saml. Clouts and W. B. Power. Contingent funds of Governor and supreme court and printing fund. For relief of Adjutant-General Kell. Griffin Rifles, compensation for service. Pension of Wm. Hill. Pension of W. J. Irwin, G. W. Allen, and G. W, Spratlin. Governor authorized to borrow money. Adjutant-General Kell, clerk for. Journal clerks, pay for indexes. Pensions of J. J. Folds and W. B. Barnard. Chattahoochee, Flint and Apalachicola rivers. Pensions of Geo. Welch and Jas. G. Ingram. Recommending payment for cotton seized and sold by United States. State Normal school, visiting committee. To pay A. L. Waldo for services. Pension of T. E. Swan. Relief of G. T. Edwards, as tax collector, and his sureties. Atlanta carshed, license of certain railroads to enter revoked. For discharge of W. G. Shockley from the Sanitarium. Recess of legislature. Pension of Jas. J. Smith. Pension of Albert Merritt.

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FOR RELIEF OF ESTATE AND SURETIES OF JOHN P. LAMB. No. 24. A Resolution and an Act for the relief of the estate and sureties on the bond of John P. Lamb, late treasurer of Glynn county. In obedience to what seems just and right in the premises, and in respect of the wishes of a vast number of the citizens of Glynn county, Georgia, who petition to that end: Be it resolved and enacted by the Senate and House of Representatives of the State of Georgia in Legislature assembled, That the estate of John P. Lamb, late of said county, deceased, and Thomas W. Lamb, as the administrator upon the said estate, as principal, and James M. Madden, D. James Dillon, William Anderson and A. T. Putnam as securities upon the bond of said John P. Lamb as treasurer of said county, signed by him as principal and them as securities on the 28th day of January, 1893, be, and they hereby are, released, absolved and discharged from all liability, responsibility and accountability for and on account of the funds of the said county which were on deposit in the Brunswick State Bank and the Oglethorpe National Bank of Brunswick, Georgia, at the date of the failures of said banks, which banks on all the days when the said funds were deposited there, and up to the time of their failure were reputed to be safe and solvent banks, said Brunswick State Bank being then a designated State depository, and which funds were deposited in said banks to the credit of said county, that is, in the name of said John P. Lamb as its treasurer, namely in the Brunswick State Bank $2,758.20, and in the Oglethorpe National Bank $14,784.80, and by means of which failures the said sum deposited in said Brunswick State Bank is entirely lost, and $6,652.16 of said amount deposited in the Oglethorpe National Bank is lost; and that a certain execution issued by the commissioners of roads and revenues of said county of Glynn, through their clerk, upon September 15, 1897, against the said Thomas W. Lamb as said administrator, as principal, and said James M. Madden, D. James Dillon, William Anderson and A. T. Putnam as sureties, for the sum of $7,645.38 principal, besides interest, on account of the moneys claimed to have been in said treasurer's hands at his death by reason of said failure of said banks, be by said commissioners annulled

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and satisfied, and henceforth no court or ministerial officer of this State shall at any time by any way or means enforce, or attempt or undertake to enforce, the collection of the same for any sum whatever; and that this Act and Resolution of this General Assembly may be pleaded as a bar to any action or actions upon said treasurer's bond, or by way of illegality or ground of illegality to said execution already issued or any other execution that may be issued on account of said so lost funds. Relief of estate and sureties of John P. Lamb, as Treasurer of Glynn county. Approved November 14, 1899. TO PAY FOR INVESTIGATION OF GEOLOGICAL DEPARTMENT. No. 25. Whereas, The General Assembly at the session for 1898 adopted a joint resolution for a recess investigation of the Geological Department for Georgia, with instructions to report to the governor, and with provisions that the actual and necessary expenses of said investigation should be paid by the State; and Preamble. Whereas, A full and complete investigation under the resolution has been had, and report has been made as required; therefore, be it Resolved, That the sum of five hundred and thirty-six ($536.70) dollars and seventy cents be, and the same is hereby, appropriated for the expenses of said investigation, and the treasurer of the State is hereby authorized and directed to pay the said sum, such sum being the actual and necessary expenses of said investigation. Appropriation. Approved November 21, 1899. HON. W. S. KING, PER DIEM. No. 26. A Resolution authorizing the payment of the per diem of the Honorable W. S. King, late a representative from the county of Houston. Resolved, by the House of Representatives, the Senate concurring, That the State Treasurer be, and he is, hereby authorized to

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pay to the widow of the Honorable W. S. King, late a representative from the county of Houston, the per diem due him up to the date of the qualification of his successor for the session of 1899. To pay per diem of W. S. King. Approved November 25, 1899. TO PAY PENSION OF W. R. H. STATHAM. No. 27. A Resolution authorizing payment of pension of W. R. H. Statham. Whereas, W. R. H. Statham, of Jackson county, was an applicant for a pension under the indigent law, for the year 1899, and said application was passed upon and allowed by the pension commissioner; and Preamble. Whereas, Said W. R. H. Statham departed this life a few days before his pension check reached him; therefore, be it Resolved, by the House of Representatives, the Senate concurring: First, that the sum of sixty dollars allowed W. R. H. Statham, as above stated, be paid to his daughter, Miss Fanny Statham, who waited on him two years during his last illness. Second, that the governor is hereby authorized to draw his warrant upon the treasury of the State for said sum of sixty dollars, in favor of the daughter of said W. R. H. Statham, in payment of said claim. Pension of W. R. H. Statham. Approved December 7, 1899. TO PAY PER DIEM AND EXPENSES OF TAX COMMITTEE. No. 28. A Resolution to provide an appropriation for the payment of the per diem of the joint tax committee of the Senate and House, for the compensation of the secretary and porter of said committee and for the payment of certain incidental expenses connected therewith. Be it resolved by the General Assembly of the State of Georgia, That the sum of two thousand five hundred and twenty dollars,

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be, and the same is, hereby appropriated to pay the per diem without mileage of the members of the joint-tax committee of the Senate and House for the number of days during which said committee was actually in session, and the further sum of six hundred dollars to be appropriated to pay for the services of the secretary of said committee at the rate of $4.00 per diem for each day during which he was actually engaged in the service of said committee, and the further sum of $75.00 be appropriated to pay for the services of a porter for said committee and for stenographic work for said committee. Per diem and expenses of tax committee. Approved December 13, 1899. REPAIRS OF THE GEORGIA NORMAL AND INDUSTRIAL COLLEGE. No. 29. Whereas, There are certain urgent and necessary repairs needed upon the public buildings of the Georgia Normal and Industrial College, located at Milledgeville, Ga.; and Preamble. Whereas, The most urgent and necessary repairs needed are as follows, to wit: Painting and repairing the roof of the college building, furnishing the dormitory building with bath heating apparatus, remodeling and perfecting the heating apparatus of the college building and furnishing the Atkinson Hall dormitory with blinds for windows and for repairing plastering in the college buildings and dormitories; and Whereas, These several items of repairs by the estimate and bids of competent contractors, can be made for the sum of twenty-eight hundred and thirteen dollars; Now, therefore, be it resolved by the House of Representatives of Georgia, the Senate concurring, That the sum of twenty-eight hundred and thirteen dollars be, and the same is, hereby appropriated for the purpose stated. And the Governor of this State is hereby authorized to draw his warrant upon the State Treasurer in favor of the board of directors of said college, for said sum or so much thereof as may be necessary. Appropriation. Be it further resolved, That all laws and parts of laws in conflict with this resolution be, and the same are, hereby repealed. Approved December 14, 1899.

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FOR THE RELIEF OF A. J. DAVIS. No. 30. A Resolution for the relief of A. J. Davis, a citizen of Bibb county. Be it resolved by the General Assembly of Georgia, That the sum of one hundred dollars paid to the State through the tax collector of Bibb county, Georgia, upon January 2d, 1895, as a special liquor license by A. J. Davis, of said county, and under which license the said A. J. Davis did not operate or carry on business, but by reason of changes in local laws was prevented from so doing, be refunded to the said A. J. Davis, and that the Governor be, and he is hereby authorized to draw his warrant in favor of said A. J. Davis for said amount. Relief of A. J. Davis. Approved December 14, 1899. PENSIONS OF T. J. TRAYLOR AND S. P. RUTHERFORD. No. 31. Whereas, The Commissioner of Pensions approved the application of T. J. Traylor for an indigent pension, application having been filed in 1898 and approved in 1899, said T. J. Traylor having died before payment and after approval of same. Be it therefore resolved by the House of Representatives, the Senate concurring, That sixty dollars be appropriated to pay the widow of T. J. Traylor the amount of said indigent pension, to be paid upon the warrant of the Governor. The treasurer is also authorized to pay Mrs. S. P. Rutherford, widow of S. P. Rutherford, the sum of sixty dollars, the amount due said S. P. Rutherford as a pensioner of this State for the year 1899. Pensions of T. J. Traylor and S. P. Rutherford. Approved December 14, 1899.

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INVESTIGATION OF GEORGIA SANITARIUM. No. 32. Whereas, A resolution was passed by the last session of the Georgia Legislature, appointing three from the House and two from the Senate to investigate fully into the management of the Georgia Sanitarium during the recess; and Whereas, Said committee has fully discharged its duties as required by said resolution; therefore, Be it resolved by the House of Representatives, the Senate concurring, That the sum of five hundred and forty-seven and ninety-nine one-hundreth dollars be, and the same is, hereby appropriated from any funds in the treasury not otherwise disposed of, to pay the per diem and expenses of said investigation. Per diem and expenses of committee on Georgia Sanitarium Approved December 14, 1899. PER DIEM AND MILEAGE OF HON. ELIJAH TANNER. No. 33. Resolved, By the House of Representatives, the Senate concurring, That the treasurer of the State be, and he is hereby authorized to pay the per diem and mileage due Hon. Elijah Tanner, a representative from the county of Coffee, for the session of the General Assembly for the year 1898 and 1899. Per diem and mileage of Hon. Elijah Tanner. Approved December 24, 1899. STATE UNIVERSITY, VISITING COMMITTEE. No. 34. A resolution providing for the enlargement of the annual visiting committee to the State University, and for other purposes. Whereas, The General Assembly of the State of Georgia, as the true guardian and lawful trustee of the State University, is charged with the duty of carefully, earnestly and most watchfully, guarding

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and fostering the true interest and welfare of this time-honored institution; and State University. Whereas, The time is now at hand when everything like rivalry, antagonism, jealousy and dissension amongst the various institutions of learning in our State should be relegated to the unfortunate and forgotten past, and when harmony, co-ordination and co-operation in every branch of education should elevate, advance and make more wide-spread and efficient the educational advantages in our grand old commonwealth; and Whereas, The year 1900 is approximately and practically the centennial of the great cause of education in our State, and which is being looked forward to as the time when a new era shall be inaugurated and greater interest awakened in the education and elevation of the youth of our land, whereby may be insured a better and more useful citizenship, a loftier and more advanced civilization and a safer and surer bulwark of strength and perpetuity to our free institutions; therefore, be it Resolved, By the General Assembly of the State of Georgia, That under the existing law, which provides visiting committees from the Legislature to the annual commencements of the State University, said visiting committee to the ensuing commencement to be held in June, 1900, shall consist of the entire General Assembly which shall meet in Athens, Ga., on that occasion, in its organized capacity. Commencement of 1900. Resolved, That the Governor, the State-house Officials, the Supreme Court, and delegations from every educational institution, scholastic and collegiate, in the State, be, and they are, hereby invited and earnestly requested to be present on that occasion, that they, in conjunction with the General Assembly, the Board of Trustees, the Alumni Society and the Faculty of the State University, may inaugurate and organize the great chautauqua, the grand educational congress of Georgia. Resolved, That under the auspices and direction of the Board of Trustees, the Chancellor and Faculty of the State University, a program of exercises shall be arranged for that grand educational week, which shall have, in addition to the usual commencement exercises of the university, a series of lectures or addresses on the part of the literati and prominent educators of the land, and such other exercises as will lend interest and profit to the occasion. Resolved further, That in making this official visit to the University of Georgia, which visit shall be made without any expense to the State, the General Assembly has but one purpose, viz.: To

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manifest, in this special manner, its deep and abiding interest in the great cause of education, whether represented by the common schools, the academies, or the colleges and universities of the commonwealth. Approved December 20, 1899. FOR RELIEF OF SURETIES OF J. W. JOHNSON, TAX COLLECTOR. No. 35. Whereas, W. B. Langford, J. J. Branch and B. R. McRee have been called upon by the State for the sum of four hundred and twenty dollars ($420.00), besides penalties and costs, each as sureties upon the bond of J. W. Johnson, tax-collector of Oconee county, for the year 1895, and that they have each paid said sum to [Illegible Text] State; and Preamble. Whereas, Said sureties signed said bond only for two years, to wit: the years 1893 and 1894, and it being questionable if they were in any way liable for the action of said collector for the year 1895; and Whereas, On account of the mental condition of said J. W. Johnson, tax-collector, as aforesaid, the true condition of his office and vouchers could not be obtained with any degree of accuracy; and Whereas, Said J. W. Johnson, having surrendered all his property; and Whereas, The said J. W. Johnson has always commanded the perfect confidence of all good people up to the date of his mental troubles; therefore, be it Resolved by the House of Representatives of Georgia, the Senate concurring, 1st. That W. B. Langford, J. J. Branch, B. R. McRee and estate of John N. Ridgeway, deceased, be relieved from all liability to the State of Georgia, as sureties upon the bond of J. W. Johnson, former tax-collector of Oconee county. Relief of sureties of tax collect'r of Oconee county. 2d. That the Governor be, and he is, hereby authorized and directed to issue warrants upon the State Treasury in favor of each of the securities, who have made payment to the State for the year 1895 of the apparent default of said J. W. Johnson, to wit: W. B. Langford, J. J. Branch and B. R. McRee, refunding to them severally the amounts paid the State on this account. Appropriation for. Approved December 16, 1899.

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SALE OF SECOND BAPTIST CHURCH, COLUMBUS. No. 36. A resolution to correct an error in the engrossing and enrollment of House bill number 445, being Act number 205 of the General Assembly, approved November 25th, 1899, in regard to the sale of the lot and building of the Second Baptist church, on First avenue, in Columbus, Georgia. Whereas, By error in the engrossing and enrollment of the above recited bill there was an error, of omission, of the following words in the description, to wit: Thence south fifty-five feet, thence east 147 feet, 10 inches, therefore, Be it resolved by the General Assembly of Georgia, That said error be corrected so as to conform to the original bill and that said Act be amended to that extent, so that the description of the property authorized to be sold shall conform to the original bill as passed by the House of Representatives, and shall read as follows, to wit: Amending act authorizing sale of Second Baptist church, Columbus, Ga. All that part of lot number 196 in the city of Columbus described as follows: Beginning at the southeast corner of said lot number 196, thence running north, along First avenue, formerly known as Oglethorpe street, fifty-five feet, thence west 147 feet 10 inches, thence south fifty-five feet, thence east 147 feet 10 inches, to the original starting point, also with the right of ingress and egress over and through a ten foot alley above and north of and adjoining said fifty-five feet herein granted, extending back to the depth of said lot. Approved December 22, 1899.

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TO PAY COMMITTEE ON NORTHEASTERN RAILROAD. No. 37. A resolution to pay the joint committee to investigate and report on the condition and affairs of the Northeastern Railroad. Whereas, At the last session of this General Assembly a joint resolution of the Senate and House was passed authorizing a joint committee of two from the Senate and three from the House to investigate and report to this session on the condition and affairs of the Northeastern Railroad; and Northeastern Railroad. Whereas, Said committee has discharged its duty; therefore, Resolved, That the sum of ($141.55) one hundred and forty-one dollars and fifty-five cents be, and the same is, hereby appropriated to pay the expenses of said committee. Expenses of committee. Approved December 22, 1899. FOR DEEPENING BAR AND ST. JOHNS RIVER. No. 38. Be it resolved, That our Senators and Representatives in Congress of the United States be, and the same are, hereby urged to lend their best efforts in assisting the Senators and Representatives in Congress from Florida, in obtaining sufficient appropriation for carrying out as speedily as possible the project adopted by Congress for deepening the bar and St. Johns river from Jacksonville to the ocean, and placing same upon the continued contract list. For deepening bar and St. Johns river. Approved December 22, 1899.

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PARIS EXPOSITION, COMMISSIONERS TO. No. 39. Whereas, The Republic of France proposes to open to the world her gates during the coming year to the most splendid exhibition of human achievement ever devised by man; and Whereas, Our people have been invited by our sister Republic [Illegible Text] take part in the same, and demonstrate the ability of American genius to compete with the world in the attainment of excellency; and Whereas, This invitation comes to us from a nation allied to us by the strongest ties of friendship, and inseparably joined together by every avenue of commerce; therefore, be it Resolved by the House of Representatives of the State of Geogia, the Senate concurring, That his Excellency, the Governor of this State, be authorized to appoint not less than two or more than five proper persons, as commissioners to represent this State at the Exposition Universal to be held in the city of Paris for the year 1900, said commission to serve without compensation. Commissioners to represent the State at Paris Exposition. Approved December 22, 1899. UNFINISHED BUSINESS OF LEGISLATURE. No. 40. Resolved by the House, the Senate 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 House and Senate, for the purpose of completing all the unfinished business of their respective departments and affixing their official signatures to all bills and resolutions passed previous to said adjournment, and that they be allowed their per diem for said time. Officers and committees of legislature to complete unfinished business. Resolved further, That the chairmen, respectively, of the enrolling and auditing committees of the Senate and House, together with any three members from the Senate of each of said committees,

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and six members from the enrolling committee of House, together with three members of the auditing committee of the House, to be designated by the chairmen thereof, be, and 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, and that a porter of the Senate and a porter of the House be retained for said time at the usual per diem. Resolved further, That the postmistress may remain at the capitol not exceeding five days, at the usual compensation, for the purpose of forwarding legislative mail. Approved December 22, 1899. CLERK OF HOUSE AND SECRETARY OF SENATE, SPECIAL SERVICE. No. 41. A resolution to pay the Clerk of the House of Representatives and the Secretary of the Senate for special services rendered. Resolved by the House of Representatives, the Senate concurring, That the sum of seventy-five ($75.00) dollars be paid to Jno. T. Boifeuillet, Clerk of the House of Representatives, and the sum of fifty ($50.00) dollars be paid to Charles S. Northen, Secretary of the Senate, for preparing and mailing to each member of the General Assembly an abstract of all business pending before the House of Representives and the Senate at the time of adjournment, December 17th, 1898, as directed by resolution of the General Assembly, approved December 17th, 1898. To pay Clerk of House and Secretary of Senate for special service. Approved December 22, 1899.

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OCEAN BAR OF BRUNSWICK, GEORGIA. No. 42. Whereas, The General Assembly of the State of Georgia, of 1893, by joint resolution urged that the Senators and Representatives from Georgia in the Congress of the United States be requested to urge upon Congress the passage of legislation which would enable C. P. Goodyear to continue his work upon the outer bar of Brunswick, Georgia, by the use of dynamite and auxiliary methods; and Work of C. P. Goodyear on ocean bar at Brunswick. Ga.. commended to Congress. Whereas, Such legislation was procured from Congress and C. P. Goodyear has patriotically continued this great public work at great sacrifice to himself and has procured a channel through the ocean bar of Brunswick, Georgia, over twenty-five feet in depth and over 150 feet in width, and 24 feet in depth over 250 feet in width, at the narrowest point in said channel to the ocean as contrasted with 18 feet at the period when he commenced work upon the said bar, a gain in depth of seven feet and over in a new and independent channel to the sea far less difficult of navigation than the old channel, and through which the longest vessels now constructed can pass with ease, such channel widths being in excess of the contract of C. P. Goodyear with the government of both the 24 and 25 foot depths of fifty feet in the narrowest point of said channel; and Whereas, The results have fully justified the General Assembly of 1893 in its action, and it is understood that after entire payment of the contract price with the government to C. P. Goodyear he will be largely indebted on account of said enterprise, and is willing to procure and announces that he can procure a channel of 26 feet in depth across said bar and that he can maintain said depth at a reasonable compensation per year for a period of ten years [Illegible Text] longer; and Whereas, The statistics of the port of Brunswick, compiled by its board of trade, show that due to this great work the business of the port of Brunswick has increased 400 per cent. in the past five years, the largest increase in any port in the United States, to the great benefit of Georgia and the entire country, Resolved by the House of Representatives of the State of Georgia, the Senate concurring, That the Senators and Representatives from Georgia in the Congress of the United States be requested to urge the passage of such legislation, the appropriation under Mr. Goodyear's methods being, with the exception of a compensation for

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an excess of widths described, purely conditional upon such procurance and maintenance and at less cost than such work has ever been done in the history of harbor deepening in this and other countries. Approved December 19, 1899. DENTAL SURGERY AT GEORGIA SANITARIUM. No. 43. Whereas, The State of Georgia has assumed the care of that unfortunate class in our State Sanitarium, who are entitled to the best that science can offer for the amelioration of their condition; and, Whereas, The board of trustees have recently created the chair of dental surgery in that sanitarium. Georgia Sanitarium, dental surgery at. Resolved, By the House of Representatives, the Senate concurring, That we endorse the action of said board and commend the same for future boards for ratification. Approved December 19, 1899. PENSION OF SAMUEL CLOUTS AND W. B. POWER. No. 44. Whereas, Samuel Clouts, of Fannin county, this State, had been duly enrolled and paid as a pensioner from Fannin county for the year 1898, and died on the 19th day of January, 1899, when his pension for said year was due, and after he had made claim for 1899, as provided by law, and which pension was not paid; therefore, be it Resolved, By the Senate and House of Representatives, That the sum of sixty dollars be paid to Mrs. C. R. Clouts, the widow of Samuel Clouts, for the use of herself and her minor children, being the pension so due her said husband for the year 1899, and that the governor be empowered to draw his warrant for said sum in favor of said Mrs. C. R. Clouts. Also that the sum of sixty dollars be paid to Mrs. Mary J. Power, widow of W. B. Power, of Madison county. To pay pensions of Samuel Clouts and W. B. Power. Approved December 20, 1899.

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CONTINGENT FUNDS OF GOVERNOR AND SUPREME COURT AND PRINTING FUND. No. 45. A resolution to supply deficiencies in the contingent fund of the Governor and in the printing fund, and in the contingent fund of the Supreme Court. Whereas, On account of extraordinary drafts on the severa funds hereinafter named, deficiencies have occurred and are likely to occur, which it is necessary to provide against; therefore, be it Deficiencies in contingent funds of Governor and supreme court and printing fund. Resolved, by the General Assembly of Georgia, That the sums of money hereinafter named be, and the same are, hereby appropriated to supply said deficiencies, the same to be in addition to appropriations heretofore made, and to be available in the year 1900. 1. For the contingent fund of the Governor, the sum of five thousand dollars. 2. For the printing fund, to be used for the purpose of reprinting Supreme Courts Reports, the sum of thirty-five hundred dollars. 3. For the printing of current volumes of the Supreme Court Reports, the sum of five hundred dollars. 4. For the contingent expenses of the Supreme Court, the sum of eight hundred and twenty-five dollars. Said sums to be drawn and paid from the treasury as are other moneys appropriated for the support of the government. Approved December 19, 1899. FOR RELIEF OF ADJUTANT-GENERAL KELL. No. 46. Whereas, The Governor, in his message to the General Assembly, has recommended that Adjutant-General Kell, on account of his extreme age, etc., be retired on January 1st, 1900, with a pension sufficient to support him comfortably during the remainder of his life, or that provisions be made to pay the assistant adjutant-general,

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who performs the duties of the office, an adequate salary when thus actually employed; therefore, be it For relief of Adjutant General Kell. Resolved, by the House, the Senate concurring, That a committee of three from the House and two from the Senate be appointed to consider the recommendation of the Governor and report to the General Assembly such action as they deem necessary and advisable. Approved December 22, 1899. GRIFFIN RIFLES, SERVICE OF. No. 47. Whereas, During the months of May and June, 1899, the Griffin Rifles, a military organization which is a part of the volunteer forces of this State, was called into service by the proper authorities for the purpose of suppressing a riot at the Griffin Cotton Mills, and to guard the county jail of Spalding; and Griffin Rifles. compensation for services. Whereas, Said command served for four days, and separate days, to wit, on May the 24th, May the 25th, May the 27th, and on June 25th; and Whereas, Under the military law governing the military forces of the United States the officers and men of said command are entitled to pay for four separate days; and Whereas, The laws governing the military forces of the United States in regard to pay for services of this character also govern the State authorities in payment of the volunteer forces for similar services; Therefore, be it resolved by the Legislature of Georgia, That the sum of one hundred and five dollars and thirty-three cents be, and the same is, hereby appropriated to be paid to the proper officers of the said Griffin Rifles for the purpose of paying off in settlement the amounts due each officer and man for these services, and in accordance with the record of said command. Approved December 22, 1899.

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PENSIONS OF WM. HILL, W. J. IRWIN, G. W. ALLEN AND G. W. SPRATLIN. No. 48. Whereas, William Hill, of Bartow county, Georgia, was an invalid Confederate soldier and was a pensioner under the laws of Georgia; and To pay pension of William Hill. Whereas, The said William Hill died on the 25th day of October, 1899, leaving five minor children dependent upon him for a support; and Whereas, If the said William Hill had lived one day longer his minor children would have been entitled to draw his pension for the year 1899; Therefore, be it resolved by the House of Representatives, the Senate concurring, That the sum of fifty dollars be, and the same is, hereby appropriated for the said minor children of the said William Hill. Be it further resolved, That the Governor be, and he is, hereby authorized to draw his warrant upon the treasury of this State for said sum of fifty dollars in favor of W. P. Whitesides, as next friend of said minor children, in payment of said pension. Appropriation. Whereas, W. J. Irwin, of Henry county, had been duly enrolled as an invalid pensioner from Henry county for the years 1890, 1891, 1892, and died on the 4th day of November, 1892, when his pension for said year was due and which pension was not paid; To pay pension of W. J. Irwin. Therefore, be it resolved, That the sum of fifty dollars ($50.00) be paid to Mrs. Clyde C. Irwin, widow of said W. J. Irwin, for the use of herself and dependent children, being the pension so due her said husband for the year following 26th October, 1892, and that the Governor be empowered to draw his warrant for said sum in favor of the said Mrs. Clyde C. Irwin. Appropriation. Resolved, That Captain G. W. Allen, of Houston county, having been properly enrolled as a disabled pensioner, and having departed this life before any payment was made except for the year 1880; therefore, be it To pay pension of Capt. G. W. Allen. Resolved, That the widow of G. W. Allen be paid said pension for the years 1882, '83, '84, and that two hundred and twenty-five dollars be, and the same is, hereby appropriated to pay said pension,

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and the Treasurer is authorized to pay same upon the warrant of the Governor. Appropriation. Resolved further, That G. W. Spratlin, of Fayette county, having been properly enrolled as an indigent pensioner, and having departed this life before any payment was made to him; therefore, be it To pay pension of G. W. Spratlin. Resolved, That the widow of G. W. Spratlin be paid said pension, and that sixty dollars be, and the same is, hereby appropriated to pay said pension, and the Treasurer is authorized to pay same upon the warrant of the Governor. Appropriation. Approved December 20, 1899. AUTHORIZING THE GOVERNOR TO BORROW MONEY. No. 49. A resolution authorizing the Governor to borrow money. 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. Approved December 21, 1899. ADJUTANT-GENERAL KELL. CLERK FOR. No. 50. Whereas, Adjutant-General John McIntosh Kell, on account of extreme physical disability, has for some time past been unable to discharge all the duties of his office, an assistant having for some time been engaged in his office to help him; and Adjutant-General. Whereas, The said John McIntosh Kell has been compelled to pay the greater part of the salary of said assistant out of his own

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salary, as Adjutant-General of Georgia, since January 1st, 1890, no fund being available out of which the Governor could pay clerk or assistant, thus reducing his own salary below the point at which he can live comfortably; and Whereas, By his long and faithful service in the Confederate States Navy, he has reflected undying fame and glory upon his country and his country's history, as well as from the long and faithful service to his State, all of which his people recognize and especially desiring to show to him and to the world, that they appreciate and prize; therefore, be it Resolved, by the House of Representatives, the Senate concurring, That the sum of twelve hundred dollars be, and the same is, hereby appropriated for a clerk to assist the present Adjutant-General, payable $100.00 per month, and to be available only, during the extreme illness of Adjutant-General Kell; to pay a clerk in the office of the Adjutant-General during the disability of that officer to discharge his duties; said clerk to be appointed by the Governor with the approval of the Adjutant-General; provided, that no other sum shall be paid out of the military fund or any other fund for clerical or other work in the office of the Adjutant-General or the Inspector-General. Clerk, appropriation for. Approved December 21, 1899. JOURNAL CLERKS, PAY FOR INDEXES. No. 51. A resolution providing for payment of the Journal Clerk of the House of Representatives and the Journal Clerk of the Senate for the indexing of the Journals of the House and Senate of the General Assembly of Georgia for the year 1899. Resolved, by the House of Representatives, the Senate concurring, That the sum of one hundred and fifty ($150.00) dollars be appropriated to pay for the indexing of the journals of the Senate and House of Representatives of the General Assembly of Georgia for the session 1899; the said sum to be drawn by O. L. Gresham and L. G. Brannon, journal clerks of the House and Senate. To pay journal clerks for indexes. Approved December 21, 1899.

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PENSIONS OF J. J. FOLDS AND W. B. BARNARD. No. 52. Whereas, J. J. Folds, of Putnam county, was duly enrolled as a pensioner from said county under the indigent law, for the year 1896; and To pay pensions of J. J. Folds and W. B. Barnard. Whereas, The said J. J. Folds died on the day of January, 1896, and, therefore, his pension check for that year was not delivered to him by the ordinary of said county; and Whereas, the said pension check afterward returned to the treasury of the State; therefore, be it Resolved, by the House of Representatives, the Senate concurring, That the sum of sixty ($60) dollars, allowed the said J. J. Folds as above stated, be paid to his daughter, Miss Ailsey Folds, who is an invalid, dependent for a living upon her widowed sister, who, herself, is in very needy circumstances. Resolved further, That the Governor is hereby authorized to draw his warrant on the treasury of the State for the said sum of sixty ($60) dollars in favor of the said Miss Ailsey Folds, daughter of the said J. J. Folds, in payment of said claim. Appropriations. Resolved further, That sixty dollars be, and the same is, hereby appropriated to the widow of W. B. Barnard, of Worth county, who was properly enrolled as an indigent pensioner, and the Treasurer is authorized to pay same upon the warrant of the Governor and Mrs. M. E. Fenley, of the county of Fulton. Approved December 22, 1899. CHATTAHOOCHEE, FLINT AND APALACHICOLA RIVERS. No. 53. A resolution memorializing Congress in regard to the further improvement of the Chattahoochee, Flint and Apalachicola rivers and Apalachicola Bay. Whereas, In recognition of the value and importance of the Chattahoochee, Flint and Apalachicola rivers to the commerce of the country at large and especially to the commerce of the States of

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Georgia, Alabama and Florida, the Government of the United States, has from time to time expended considerable sums of money in the improvement of said river; and Chattahoochee, Flint and Apalachicola rivers, improvement of. Whereas, In order that the desired results may be obtained from such expenditures and improvements heretofore made, it is necessary further improvements should be made, and especially at the West pass entrance into Apalachicola Bay; therefore, be it Resolved, by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That it is of vital importance to the commerce of said States that said further and additional improvements should be made. Resolved further, That our Senators and Representatives in the Congress of the United States be requested to urge upon Congress the importance and necessity of such improvement, and especially the improvement and deepening of said West Pass entrance at Apalachicola, Florida. Approved December 21, 1899. PENSIONS OF GEORGE WELCH AND JAMES G. INGRAM. No. 54. Whereas, George Welch, a citizen of McDuffie county, was on the indigent pension list; and To pay pensions of George Welch and James G. Ingram. Whereas, the said George Welch departed this life on day of December, 1899, in said county; and Whereas, There is one accrued pension of sixty dollars due the said George Welch, which will be payable February 1st, 1900; and Whereas, The widow of the said George Welch is now a resident of said county and is in dependent circumstances; be it, therefore, Resolved, by the House of Representatives, the Senate concurring, That said accrued pension of the said George Welch be paid to his widow, and the Governor of the State is hereby authorized to draw his warrant on the pension fund to pay said amount to the widow of the said George Webb. The widow of James G. Ingram, of Greene county, shall be paid from the pension fund sixty dollars, the amount that would have been paid her deceased husband in 1900, who died the day

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of December, 1899, and who was on the indigent pension roll at the time of his death. Appropriation. Approved December 21, 1899. RECOMMENDING PAYMENT FOR COTTON SEIZED AND SOLD BY UNITED STATES. No. 55. Whereas, Under an Act of the Federal Congress, approved March 12, 1863, and Acts amendatory thereof, large quantities of cotton throughout the South were taken possession of by the officers or agents of the United States government; and Cotton seized and sold by the U. S., payment for recommended. Whereas, In pursuance of the Acts referred to, said cotton was sold and the money arising from the sale thereof covered into the treasury of the United States; and Whereas, The time in which claims were required to be filed by the owners of said cotton lapsed before the parties at interest became advised of the existence of the statute authorizing the filing of such claims; and Whereas, The Honorable John W. Maddox, a Representative from Georgia in the national Congress, has introduced a bill which proposes to revise and extend for a period of two years the right of action in the Court of Claims, under the Acts of the Federal Congress hereinbefore recited; therefore, be it Resolved, by the House of Representatives, the Senate concurring, That the step taken by Congressman Maddox deserves to be, and is, hereby highly commended, and the earnest wish is expressed that he may succeed in pressing his bill to enactment and approval. We are confident that in this praiseworthy effort he will be heartily seconded by the Senators and the other Representatives from this State. Resolved further, That his Excellency, the Governor, be requested to have each of our Senators and Representatives furnished with a copy of the foregoing preamble and resolution. Approved December 20, 1899.

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STATE NORMAL SCHOOL, VISITING COMMITTEE. No. 56. A resolution providing a special committee from the General Assembly to visit the State Normal School, and for other purposes. Whereas, The needed improvements at the State Normal School at Athens, Ga., and which seriously concern both the comfort and health of the pupils in said school, and which must of necessity attract the attention of the present session of the Legislature, therefore, in order that the General Assembly may be fully and authoritatively apprised of the conditions and needs and wants of said State institution, be it State Normal School visiting committee. Resolved, by the House of Representatives, the Senate concurring, That a special committee, to consist of seven from the House and three from the Senate, be appointed by the respective presiding officers of the House and Senate, who shall at once proceed to the State Normal School, and after a most thorough investigation report back to the General Assembly the exact conditions at said school and the duty of the General Assembly in regard thereto. Approved December 20, 1899. TO PAY A. L. WALDO FOR SERVICES. No. 57. A resolution to appropriate compensation for A. L. Waldo. Whereas, A. L. Waldo, by the direction of the county commissioners of Fulton county, has examined as an expert accountant the books and records of the tax-collector's office of Fulton county in reference to State and county taxes in the said county, from January 1st, 1890, to October 1st, 1896; and To pay A. L. Waldo for services. Whereas, By reason of said labors the sum of $48,748.00 was turned into the treasury of the State, much of which was for back taxes, and a large part of said examination was solely in behalf of the State; Therefore, be it resolved by the General Assembly of Georgia,

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That the sum of $800.00 be, and the same is, hereby appropriated for the payment of said services of A. L. Waldo, and the Governor is authorized to draw his warrant for said amount out of any sum in the treasury not otherwise appropriated. Approved December 19, 1899. PENSION OF T. E. SWAN. No. 58. Whereas, T. E. Swan, late of Jefferson county, died during the month of October, 1899; and To pay pension of T. E. Swan Whereas, Said deceased left a wife and children in indigent circumstances; and Whereas, The Pension Commissioner had approved application of said T. E. Swan as a pensioner under existing laws, for $60.00, and said T. E. Swan died before said $60.00 was paid; be it therefore, Resolved, by the House of Representatives, the Senate concurring, That the said sum of $60.00 be paid to Mrs. Alice Swan, widow of said T. E. Swan, and the Governor is authorized to draw his warrant on the treasury for payment of said sum out of any funds in the treasury not otherwise appropriated. Appropriation. Approved December 19, 1899. FOR RELIEF OF G. T. EDWARDS AS TAX COLLECTOR, AND HIS SURETY. No. 59. A resolution for the relief of G. T. Edwards, former tax-collector of Taliaferro county, and his surety. Whereas, The Comptroller-General, in the discharge of his duty, issued a tax execution against G. T. Edwards, tax-collector of Taliaferro county, for the year 1898, as principal, and the Fidelity and Deposit Company of Maryland as security on the bond of said Edwards, as tax-collector, as aforesaid, for the sum of $657.90 as

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principal, with the sum of twenty per cent. per annum on said principal sum from the 20th day of February, 1899, as a penalty; and For relief of G. T. Edwards as tax collect'r of Taliaferro county and his surety. Whereas, The said Comptroller-General has received said principal sum, together with interest on the same, from February 20th, 1899, at rate of seven (7%) per cent. per annum; therefore, be it Resolved, by the General Assembly of Georgia, That said G. T. Edwards and said security, the Fidelity and Deposit Company of Maryland, be, and they are, relieved from the payment of said penalty of twenty (20%) per cent. per annum on said principal sum from February 20th, 1899; except that portion of said penalty, which is embraced in the sum already received by said Comptroller-General as interest on said principal sum from February 20th, 1899, at rate of seven (7%) per cent. per annum. Approved December 20, 1899. ATLANTA CAR SHED, LICENSE TO ENTER, REVOKED. No. 60. A resolution revoking license of certain railroads entering the carshed in Atlanta. Whereas, In the year 1870 there was erected upon the State's property in the city of Atlanta, what is known as the car-shed or union passenger station; and Atlanta car shed or union station. Whereas, The money for building said passenger station was advanced by the State through the Western and Atlantic Railroad and the Georgia Railroad Company, and the Atlanta and West Point Railroad Company, and the Macon and Western Railroad Company, now the Central of Georgia Railway Company; and Whereas, The State has permitted the above named railroad companies to enter said passenger station from the time the same was completed until the present time; and Whereas, It is to the best interest of the State not only to be the absolute owner of the realty, but also to have complete and entire control of said building, it is, therefore, Resolved, by the General Assembly of Georgia, That the license heretofore granted by the State to the Georgia Railroad Company, the Atlanta and West Point Railroad Company, and the Macon and

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Western Railroad Company, now the Central of Georgia Railway Company, to enter said passenger station, be, and the same is, hereby revoked. License of certain railroads to enter revoked. Resolved further, That his Excellency, the Governor and the Attorney-General and the Special Attorney for the Western and Atlantic Railroad are hereby authorized and directed to make an equitable adjustment with said railroad companies for whatever interest they may have in said passenger station, taking into account the amount of money contributed by each towards the erection of said building and also the length of time the State has permitted said railroads to use its property, and for which it is entitled to rent. Resolved further, That in the event said railroads fail or refuse to come to a fair and equitable accounting with the representatives of the State herein designated, then the Special Attorney of the Western and Atlantic Railroad, in connection with the Attorney-General, is hereby authorized and directed to take the necessary legal steps to bring to a close whatever relationship may exist between the State and said railroad companies, so that the State shall have the absolute control of said building, as it is already the absolute owner of ground upon which it is erected, and shall have the right to charge these railroad companies for the use of its property in like manner as it now charges all other railroads entering and using said passenger station. Approved December 19, 1899. FOR DISCHARGE OF W. G. SHOCKLEY FROM THE SANITARIUM. No. 61. Whereas, W. G. Shockley was tried in superior court of Fulton county, Ga., for the offense of murder, and after a fair and impartial trial was fully acquitted; and For the discharge of W. G. Shockley from the Ga Sanitarium. Whereas, After said trial and acquittal said Shockley was committed to the Georgia Sanitarium as a lunatic; and Whereas, Upon proper proof submitted from the superintendent of said Sanitarium it appears that said Shockley has so far convalesced in both body and mind as no longer to be a fit subject for said Sanitarium, and his release being also necessary as a means of

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contributing to the support and maintenance of his family in Morgan county; therefore, be it Resolved, by the Senate of Georgia, the House concurring, That from and after the passage of this joint resolution, that the superintendent of the Sanitarium be, and he is, hereby authorized and empowered, if in his discretion he thinks it wise, safe or proper, to grant said W. G. Shockley either his permanent discharge and release from the Sanitarium, or, in his discretion, he may grant him such temporary leave or leaves of absence and furloughs as he thinks proper. Section 2. That a copy of this resolution be transmitted to the superintendent of said Sanitarium and be also entered upon the journals of both Houses. Approved December 19, 1899. RECESS OF LEGISLATURE. No. 62. Be it resolved, by the House of Representatives, the Senate concurring, That the General Assembly take a recess from the 29th day of November until the 4th day of December, and that the days between the said 29th day of November and December the 4th be not counted as legislative days; provided, that Sunday, December 3d, be not counted as one of the dies non. Recess of Legislature. Approved December 21, 1899. NATIONAL PARK NEAR ATLANTA. No. 63. Whereas, It is proposed that the government establish a National Military Park on the battlefield of Peachtree creek, near Atlanta; and National Park on battlefield near Atlanta. Whereas, The Senators and Representatives from Georgia interested themselves in the effort; and Whereas, The movement of both armies around the city of Atlanta

Page 535

during the Civil War, made that city one of the most notable and historic centers of operations during the war; it having been the basis of supply for both the conflicting armies at different intervals; and Whereas, The battles in and around Atlanta were among the most historic engagement of the war; therefore, Be it resolved, by the General Assembly of Georgia, That the Senators and Representatives in Congress be requested to cooperate with those from Georgia, in the effort to secure the battle-ground of Peachtree creek, near Atlanta, for a national park. Approved December 22, 1899. PENSION OF JAMES J. SMITH. No. 64. Whereas, James J. Smith, of the county of Jasper, State of Georgia, was a Confederate soldier, his name also being properly and legally enrolled on the pension rolls of this State, by reason of which he was entitled to and for some time past has been drawing from the State treasury the sum of $60.00 per year as an indigent Confederate soldier; and To pay pension of J as. J. Smith. Whereas, on the 15th day of November, 1899, said James Smith died before receiving said sum of $60.00, as his pension for the year 1899, leaving surviving him a widow, Sarah E. Smith, and two children, one an invalid son and the other a daughter of very tender years, in a very destitute condition, being absolutely dependent upon said pension for their support and maintainance; therefore, be it Resolved, by the House of Representatives, the Senate concurring, That said Sarah E. Smith be, and she is, hereby authorized to have and to receive said sum of $60.00 due her said husband for the year 1899, as his pension, and the Governor is hereby authorized and directed to draw his warrant for said sum in her favor. Appropriation. Approved December 21, 1899.

Page 536

PENSION OF ALBERT MERRITT. No. 65. Whereas, The Commissioner of Pensions approved the application of Albert Merritt for an indigent pension, and said application having been filed with said commission during November, 1898, and the said Albert Merritt having departed this life since said application was filed; be it, therefore, To pay pension of Albert Merritt. Resolved, by the House of Representatives, the Senate concurring, That the amount of sixty dollars, due him on said application, be paid to his widow by the Treasurer of the State of Georgia. Appropriation. Approved December 20, 1899.

Page 537

TREASURER'S REPORT.

Page 538

EXHIBIT I. W. J. Speer, Treasurer, in account with the State of Georgia, from October 1 st, 1898, to September 30 th, 1899. DR. CR. Balance in Treasury October 1st, 1898 $ 120,004 57 On account Academy for Blind, 1898 10,000 09 From Artist's Tax $ 1,476 40 On account Academy for Blind, 1899 13,500 00 From Auctioneers' Tax 427 50 On account Civil Establishment, 1898 64,975 00 From Bicyle Tax 3,400 00 On account Civil Establishment, 1899 65,137 50 From Billiard Tax 5,222 00 On account Clerk Supreme Court Costs 777 50 From Cigarette Tax 5,253 50 On account Contingent Expenses General Assembly 103 40 From Costs on fi. fas. 15 50 On account Contingent Expenses Supreme Court 1,200 00 From Dividends from Stocks 2,596 00 On account Contingent Fund, 1898 10,229 80 From Earnings Northeastern Railroad 18,464 97 On account Contingent Fund, 1899 5,400 54 From Fees Building and Loan Associations 240 00 On account Contingent Fund Railroad Commission, 1898 200 00 From Fees from Inspection Fertilizers 15,833 27 On account Contingent Fund Railroad Commission, 1899 400 00 From Fees from Inspection Oil 12,503 54 On account Department of Agriculture, 1898 2,500 00 From Fees of Officers 3,043 16 On account Department of Agriculture, 1899 7,500 00 From General Tax 2,201,197 26 On account Fertilizer Fund 9,026 10 From Hire of Convicts (Old Lea e) 25,000 00 On account Geological Fund 7,686 48 From Hire of Convicts (New Lease) 50,304 32 On account Georgia Normal and Industrial School, 1898 10,450 00 From Insolvent General Tax 9,493 75 On account Georgia Normal and Industrial School, 1899 15,300 00 From Insolvent Poll Tax 5,241 14 On account Georgia State Sanitarium, 1898 63,833 32 From Insurance Agents 7,840 00 On account Georgia State Sanitarium, 1899 206,250 03 From Insurance Fees 12,754 60 On account Horticultural Fund 1,617 86 From Insurance Tax 58,701 42 On account Indexing Journals 150 00 From Interest from Depositories 8,888 39 On account Indigent Soldiers' Pensions 237,960 00 From Interest on fi. fas 455 51 On account Insurance Fund, 1898 3,428 30 From Lightning Rod Tax 135 00 On account Insurance Fund, 1899 12,225 68 From Liquor Tax 142,452 24 On account of Invalid Soldier's Pensions 192,500 00 From Lease Indian Springs 110 00 On account Land Scrip Fund 6,314 14 From Money Refunded 2,269 49 On account Legislative Pay Roll 68,474 06 From Pistol Tax 5,290 15 On account Library Fund, 1898 889 90 From Poll Tax 230,489 71 On account Library Fund, 1899 2,121 97 From Railroad Tax 269,044 11 On account Memorial Fund 13,372 20 From Rent Public Property 35 75 On account Military Fund, 1898 15,107 68 From Rent W. A. Railroad 420,012 00 On account North Georgia A. M. College, 1898 3,000 00 From Sale of Acts 106 50 On account North Georgia A. M. College, 1899 3,000 00 From Sale of Codes 1,012 50 On account North Georgia A. M. College (Insurance) 600 00 From Sale of Supreme Court Reports 5,953 00 On account overpayment of Taxes 3,879 30 From Sewing Machine Agents 3,615 00 On account Penitentiary Fund 2,478 00 From Sewing Machine Companies 1,600 00 On account Printing Fund, 1898 8,568 06 From Show Tax 4,692 00 On account Printing Fund, 1899 12,815 36 From Supreme Court Costs 1,734 00 On account Printing Fund Railroad Commission, 1898 790 71 From Surplus from Sale of Wild Lands 260 70 On account Printing Fund Railroad Commission, 1899 51 62 From Tax on Agencies 540 00 On account Printing Supreme Court Reports, 1898 4,000 00 From Tax on Baseball Parks 292 50 On account Printing Supreme Court Reports, 1899 3,475 00 From Tax on Brewing Companies 2,430 00 On account Public Debt 437,274 95 From Tax on Cold Storage Companies 1,350 00 On account Public Building Fund, 1898 2,890 84 From Tax on Express Companies 3,786 24 On account Public Building Fund, 1899 14,077 41 From Tax on Futures 8,100 00 On account Prison Fund 83,426 41 From Tax on Games 672 25 On account Repairing Georgia Normal and Industrial School 456 50 From Tax on Gypsies 225 00 On account repairing School for Deaf 157 93 From Tax on Loan Agents 217 57 On account State Normal School, 1898 5,625 00 From Tax on Patents 45 00 On account State Normal School, 1899 12,000 00 From Tax on Pawnbrokers 1,890 00 On account School for Colored, 1898 8,000 00 From Tax on Peddlers 2,584 48 On account School for Colored, 1899 4,000 00

Page 540

DR. CR. From Tax on Sleeping Car Companies 976 09 On account School for Deaf, 1898 6,250 00 From Tax on Specialists 82 17 On account School for Deaf, 1899 18,750 00 From Tax on Ticket Brokers 90 00 On account School Fund, 1898 811,531 00 From Telegraph Tax 3,414 95 On account School Fund, 1899 573,682 38 From Telephone Tax 7,996 75 On account School of Technology, 1898 11,250 00 From Temporary Loans 100,000 00 On account School of Technology, 1899 22,500 00 From Wild Land Tax 74 38 3,671,932 46 On account Solicitors General 4,765 00 On account Special Appropriations 1,135 00 On account Special Pensions 430 00 On account State University 8,000 00 On account Stationery, General Assembly 436 67 On account Textile Department, 1898 10,000 00 On account Trustees Sanitarium, 1898 1,261 80 On account Trustees Sanitarium, 1899 659 27 On account Trustees University 710 68 On account Widows' Pensions, 1898 240 00 On account Widows' Pensions, 1899 222,360 00 3,353,160 36 Balance in Treasury September 30th, 1899 438,776 67 $3,791,937 03 $3,791,937 03

Page 543

COURT CALENDARS.

Page 545

Superior Court Calendar for 1900. REVISED BY JAS. E. BROWN, STATE LIBRARIAN. ALBANY CIRCUIT. W. N. Spence, Camilla, Ga., Judge; W. E. Wooten, Albany, Ga., Solicitor-General. DoughertyFirst Monday in April and October. MitchellTuesday after third Monday in April and October. WorthTuesday after fourth Monday in April and October. BakerTuesday after fourth Monday in May and November. DcaturTuesday after second Monday in May and November. Calhoun - Tuesday after second 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. ATLANTIC CIRCUIT. Paul E. Seabrook, Pineora, Judge; Livingston Kenan, Darien, Ga., Solicitor-General. BryanFirst Monday in May and November. EffinghamSecond Monday in May and November. LibertyThird Monday in May and November. McIntoshFourth Monday in May and November. AUGUSTA CIRCUIT. E. L. Brinson, Waynesboro, Ga., Judge; W. H. Davis, Waynesboro, Ga., Solicitor-General. McDuffieFirst Monday in March and September. ColumbiaFourth Monday in March and September. BurkeFirst Monday in April and October. RichmondThird Monday in April and October.

Page 546

BLUE RIDGE CIRCUIT. George F. Gober, Marietta, Ga., Judge; Thomas Hutcherson, Canton, Ga., Solicitor-General. MiltonFirst Monday in March and third Monday in August. ForsythThird Monday in March and fourth Monday in August. CherokeeFourth Monday in February and second Monday in September. CobbSecond Monday in March and third Monday 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. Joseph W. Bennet, Brunswick, Ga., Judge; John W. Bennett, Waycross, Ga., Solicitor-General. ApplingFirst Monday in March and third Monday in September. CamdenTuesday after third Monday in March and first Monday in October. CoffeeFourth Monday in March and second Monday in October. CharltonTuesday after first Monday in April and fourth Monday in October. ClinchSecond Monday in April and third Monday in October. WareThird Monday in April and first Monday in November. PierceFirst Monday in May and third Monday in November. WayneSecond Monday in May and fourth Monday in November. GlynnThird Monday in May and first Monday in December. 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. CHEROKEE CIRCUIT. A. W. Fite, Cartersville, Ga., Judge; Sam P. Maddox, Dalton, Ga., Solicitor-General. BartowSecond Monday in January and July. CatoosaFirst Monday in February and August.

Page 547

MurrayThird Monday in February and second Monday in 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, LaGrange, Ga., Solicitor-General. MeriwetherThird Monday in February and August. CowetaFirst 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. FLINT CIRCUIT. E. J. Reagan, McDonough, 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. FayetteThird Monday in March and September. PikeFirst Monday in April and October. HenryThird Monday in April and October. UpsonFirst Monday in May and third Monday in November MACON CIRCUIT. W. H. Felton, Jr., Macon, Ga., Judge; Robert Hodges, Macon, Gr., Solicitor-General. CrawfordThird Monday in March and October. HoustonFirst Monday in April and October. BibbThird Monday in April and first Monday in November. MIDDLE CIRCUIT. B. D. Evans, Sandersville, Ga., Judge; B. T. Rawlings, Sandersville, Ga., Solicitor-General. WashingtonFirst Monday in March and September. JohnsonThird Monday in March and September.

Page 548

TattnallFirst 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. B. Estes, Gainesville, Ga., Judge; W. A. Charters, Dahlonega, Ga., Solicitor-General. HallThird Monday in January and July. DawsonSecond Monday in February and fourth Monday in August. RabunFourth Monday in February and August. HabershamFirst Monday in March and September 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. LincolnFourth Monday in April and October. WilkesFirst Monday in May and November. OCMULGEE CIRCUIT. John C. Hart, Union Point, Ga., Judge; H. G. Lewis, Siloam, 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.

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OCONEE CIRCUIT. C. C. Smith, Hawkinsville, Ga., Judge; J. F. DeLacy, Eastman, Ga., Solicitor-General. PulaskiSecond Monday in February and August. WilcoxFourth Monday in March and September. IrwinFirst Monday in April and fourth Monday in October. TwiggsSecond Monday in April and October. TelfairThird Monday in April and October. MontgomeryFourth Monday in April and second Monday in November. DodgeFourth Monday in May and November. PATAULA CIRCUIT. H. C. Sheffield, Arlington, Ga., Judge; J. R. Irwin, Fort Gaines, Ga, Solicitor-General. QuitmanSecond Monday in March and September. ClayThird Monday in March and September. EarlyFirst Monday in April and October. MillerFourth Monday in April and October. RandolphFirst Monday in May and November. TerrellFourth Monday in May and November. ROME CIRCUIT. W. M. Henry, Rome, Ga, Judge; Moses Wright, Rome, Ga., Solicitor-General. ChattoogaSecond Monday in March and September. FloydFourth Monday in March and September. WalkerThird Monday in February and August. 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 third Monday in September. ThomasThird week in April and October. BrooksFirst Monday in May and November. LowndesThird Monday in May and November.

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SOUTHWESTERN CIRCUIT. Z. A. Littlejohn, Cordele, Ga., Judge; Frank A. Hooper, Americus, Ga., Solicitor-General. LeeFirst Monday in May and November. DoolyFourth Monday in February and first Monday in September. WebsterFirst Monday in April and October. SchleySecond Monday in April and October. StewartThird Monday in April and October. MaconSecond Monday in May and November. SumterFourth Monday in May and November. STONE MOUNTAIN CIRCUIT. John S. Candler, Atlanta, Ga., Judge; W. T. Kimsey, Jonesboro, Ga., Solicitor-General. CampbellFirst Monday in February and August. DeKalbSecond Monday in February and August. ClaytonFirst Monday in March and September. NewtonThird Monday in March and September. RockdaleFirst Monday in April and October. TALLAPOOSA CIRCUIT. Charles G. Janes, Cedartown, Ga., Judge; W. T. Roberts, Douglasville, Ga., Solicitor-General. PauldingSecond Monday in February and first Monday in August. HaralsonThird Monday in January and July. PolkFourth Monday in February and August. DouglasFirst Monday in May and third Monday in November, WESTERN CIRCUIT. R. B. Russell, Winder, Ga., Judge; C. H. Brand, Lawrenceville, Ga., Solicitor-General. OconeeFourth Monday in January and July. JacksonFirst Monday in February and August. WaltonThird Monday in February and August. GwinnettFirst Monday in March and September. BanksThird Monday in March and September. FranklinFourth Monday in March and September. ClarkeSecond Monday in April and October.

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SUPREME COURT OF GEORGIA. THOMAS J. SIMMONS Chief Justice Term to January 1, 1905. SAMUEL LUMPKIN Presiding Justice. Term to January 1, 1903. WILLIAM A. LITTLE Associate Justice. Term to January 1, 1901. WILLIAM H. FISH Associate Justice. Term to January 1, 1905. ANDREW J. COBB Associate Justice. Term to January 1, 1903. HENRY T. LEWIS Associate Justice. Term to January 1, 1901. Z. D. HARRISON Clerk. LOGAN BLECKLEY Deputy Clerk. GEO. W. STEVENS Reporter. J. M. GRAHAM Assistant Reporter.

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INDEX.

Page 555

A ADJUTANT-GENERAL Clerk of, appropriation for 12 ADMINISTRATORS Deeds by 34 ADRIAN Town of, incorporated 103 ADVERTISEMENTS Legal, rates for and publications of 40 AFFIDAVITS Made out of this State 79 AGENTS OF SEWING MACHINE COMPANIES How taxed 15 ALBANY City of, new charter for 107 ALBANY City of, repeal of charter 124 ALLEN, G. W. Pension of 524

Page 556

ALTO Town of, charter amended 125 APPLING COUNTY Liquor, license for sale of 464 APPROPRIATIONS For support of Prison Commission 9 For Georgia School for the Deaf 10 For repair of old capitol at Milledgeville 11 For pensions of invalid and indigent soldiers 11 For Georgia volunteers and clerk of Adjutant-General 12 For Committee on Geological Department 509 For Committee on Georgia Sanitarium 513 For Committee on Northeastern Railroad 517 For Committee on Unfinished Business 518 For Committee on Taxation 510 To pay per diem of Hon. W. S. King 509 To pay per diem of Hon. Elijah Tanner 513 For repairs of Ga. Normal and Industrial College 511 For A. J. Davis 512 For W. B. Langford 515 For J. J. Branch 515 For B. R. McRee 515 For A. L. Waldo 530 For Clerk of House and Secretary of Senate 519 For Clerk of Adjutant-General 525 For Indexes to Legislative Journals 526 For Griffin Rifles 523 For Contingent Fund of Governor 522 For Contingent Fund for Supreme Court 522 For Printing Fund 522 To pay pension of Allen, G. W. 524 To pay pension of Barnard, W. B. 527 To pay pension of Clouts, Sam'l 521 To pay pension of Folds, J. J. 527

Page 557

To pay pension of Hill, Wm. 524 To pay pension of Ingram, Jas. G. 528 To pay pension of Irwin, W. J. 524 To pay pension of Merritt, Albert 536 To pay pension of Power, W. B. 521 To pay pension of Rutherford, S. P. 512 To pay pension of Smith, Jas. J. 535 To pay pension of Spratlin, G. W. 524 To pay pension of Statham, W. R. H. 510 To pay pension of Swann, T. E. 531 To pay pension of Traylor, T. J. 512 To pay pension of Welch, Geo. 528 ARSON In city or on farm 81 ATHENS Town of, charter amended. 126 ATLANTA Charter amended. 127 ATLANTA Car-shed, use of by railroads 532 ATLANTA National Park 534 ATLANTA LOAN BANKING COMPANY Charter amended 325 ATTACHMENT BONDS Sufficiency of 37

Page 558

AUGUSTA Charter amended 129 AUGUSTA Charter amended 131 B BANKS Loans by 30 BANKING CORPORATIONS Capital City Bank 322 Germania Loan Banking Company 324 Atlanta Loan Banking Company 325 BARNESVILLE City Court of, established 332 Charter amended 132 BARNARD, W. B. Pension of 527 BIBB COUNTY Protection of fish 465 BILL OF SALE To secure debt 82 BLIND TIGERS Abated as nuisances 73

Page 559

BLUE RIDGE Public School for 438 BONDED WAREHOUSES Regulation of 84 BOSTON Town of, elections 134 BRANCH, J. J. Relief of 515 BRIDGES Inspectors of 89 BRUNSWICK City Court of, practice in 348 BRUNSWICK Ocean bar of 520 BRYAN COUNTY Manufacture and Sale of domestic wine 465 C CAMPBELL COUNTY Commissioners of roads and revenues 466 Bloodhounds for 467 CAPITAL CITY BANK Charter amended 322

Page 560

CARROLLTON City Court, judge and solicitor of 350 CATTLE Protection of 97 CEDARTOWN Charter amended 135 Charter amended 136 CERTIORARI New trials, in cases of 38 CHATTOOGA COUNTY Superior Court, terms of 410 CHIPLEY SCHOOL DISTRICT Incorporated 444 CITY COURTS Judges of, may exchange 48 Of Barnesville, established 332 Of Brunswick, practice in 348 Of Carrollton, judge and solicitor 350 Of Clarke county, salary of judge 351 Of Clarke county, trials in 353 Of Clarkesville 354 Of Eastman, established 356 Of Greenville, established 369 Of Gwinnett county, abolished 380 Of Hall county 381 Of Jasper county 382 Of Jefferson county 383 Of LaGrange 385

Page 561

Of Lexington, established 395 Of Oglethorpe county, abolished 408 Of Savannah, clerk and sheriff 411 Of Washington, established 413 Of Waycross 427 Of Wrightsville, established 429 CLAIMS Municipal, limitation of 60 CLARKE COUNTY City Court of 351 City Court, jury trials 353 CLARKESVILLE Charter amended 137 City Court of, fees of solicitor 354 CLAYTON COUNTY Board of Commissioners, abolished 468 CLOUTS, SAMUEL Pension of 521 COBB COUNTY Water courses of 468 CODE Vol. 1., sects. 1147, 1158, 1191, 1229 and 1239, inclusive repealed 65 CODE AMENDMENTS Vol. 1. section 48, Disqualified voters 21 Vol. 1, section 333, Militia Districts 23

Page 562

Vol. 1, section 338, Justices of the Peace and Constables. 24 Vol. 1, sections 386-7, County lines 24 Vol. 1, section 739, Municipal officers 26 Vol 1, section 906, Tax fi. fas. 26 Vol 1, section 982, State Depository 27 Vol. 1, section 1143, Officers of Volunteers 28 Vol 1, sections 1778 and 1781, Stock law 29 Vol. 2, section 1916, Loans by Banks 30 Vol. 2, sections, 2035, 2045 and 2048, Insurance 45 Vol. 2, section 2219, Railroad crossings 31 Vol. 2, section 2723, Mortgages 32 Vol. 2, section 2800, Liens for improvements 33 Vol. 2, section 3441, Deeds by Admr's and Ex'rs 34 Vol. 2, section 3465, Year's support 47 Vol. 2, section 4082, Justices of Peace 35 Vol. 2, section 4205, Executions from County Courts 36 Vol. 2, section 4517, Attachment bonds 37 Vol. 2, section 4653, Certiorari 38 Vol. 2, section 4927, Cutting timber 39 Vol. 2, section 5462, Legal advertisement 40 Vol. 3, section 65, Voluntary manslaughter 41 Vol. 3, section 388, Seduction 42 Vol. 3, section 388, Seduction 43 Vol. 3, section 815, Revision of jury list 44 CONFEDERATE SOLDIERS Exempt from specific tax 99 Exempt from specific tax 100 CORDELE Charter amended 141 Public schools 443 CONSTABLES Of districts consolidated or abolished 24

Page 563

CONSTITUTION Amendment, proposed 19 CONVICTS State, sleeping apartments for 67 COUNTERFEITING Prohibited 79 COUNTY COMMISSIONERS As jury commissioners 78 COUNTY COURTS Od Dodge county, abolished 355 Of Effingham county 367 Of Effingham county 368 Of Jones county 384 Of Oconee county 407 Of Troup county 412 COUNTY FUNDS How expended 68 COUNTY LINES How located 24 CRAWFORDVILLE Charter amended 143 CRIMINAL CASES Supersedeas in 77

Page 564

CROPS Lien of, mortgage on 78 CUTHBERT Charter amended 143 D DAHLONEGA New Charter for 146 DALTON Charter amended 164 Charter amended 165 Charter amended 166 DAMAGES Against municipalities 74 DARIEN Charter amended 167 DAWSON Charter amended 168 DAVIS, A. J. For relief of 512 DEEDS By administrators or executors 34 To beneficial interests 57 DEER Protection of 95

Page 565

DEXTER Charter amended 169 DODGE COUNTY County court of, abolished 355 DOERUN Town of, incorporated 170 DOGS How taxed 15 DOOLEY, MARTIN H. For relief of 501 DOUGHERTY COUNTY Superior court, terms of 356 DOUGLAS, CITY OF State Depository 27 Public schools 448 New charter for 177 DOUGLASVILLE Charter amended 176 DOVES Protection of 95 E EASTMAN City court of, established 356

Page 566

EDUCATION Technological school 50 Examination of public school teachers 51 Blue Ridge, public school for 438 Cordele, public school for 443 Chipley school district, incorporated 444 Douglas, public school for 448 Knoxville, public school for 454 Moultrie, public school for 456 Stone Mountain, public school for 458 EDWARDS, G. T. For relief of 531 EFFINGHAM COUNTY County court of, fees of Clerk 367 County court of, salary of Solicitor 368 ELBERT COUNTY Board of Commissioners, Clerk of 470 ELLIJAY Charter amended 196 EMBALMING State Board of, established 70 EXECUTORS Deeds by 34 EXECUTIONS From county courts 36

Page 567

F FAYETTE COUNTY Transferred from Coweta to Flint Circuit 49 FIDELITY AND DEPOSIT COMPANY OF MARYLAND Relief of 531 FISH Protection of 68 Protection of 96 FIVE FORKS Town of, incorporated 197 FLOYD COUNTY Superior Court of, terms of 410 FOLDS, J. J. Pension of 527 FORECLOSURE Of bill of sale, to secure debt 82 FORSYTH COUNTY Drainage 482 FORT GAINES Charter amended 200 FREIGHT TRAINS Running of, on Sunday 88

Page 568

FULTON COUNTY Bridge Inspectors for 471 G GAME Protection of 95 Protection of 98 GEOLOGIST To keep record of gold purchased 66 GEOLOGICAL DEPARTMENT Investigation of 509 GEORGIA NORMAL AND INDUSTRIAL COLLEGE Appropriation for 511 GEORGIA REPORTS Republication of 83 GEORGIA STATE BOARD OF EMBALMERS Established 70 GEORGIA STATE TROOPS Organization, etc. 60 GEORGIA SANITARIUM Dental surgery at 521 Discharge of W. G. Shockley 533

Page 569

GEORGIA SCHOOL FOR THE DEAF Appropriation to supply deficiency 10 GERMANIA LOAN AND BANKING Charter amended 324 GREENVILLE City court of, established 369 GRIFFIN RIFLES Appropriation for 523 GOLD Registration of purchases 66 GOODYEAR, C. P. Work of, on Ocean bar at Brunswick 520 GOVERNOR Authorized to borrow money 525 GOVERNMENT BUILDING Land for 93 GWINNETT COUNTY City court of, abolished 380 Manufacture of liquor in 472 H HAHIRA Town of, charter amended 210

Page 570

HALL COUNTY City court of, indictment in 381 HAMILTON New charter 201 HANCOCK COUNTY Insolvent costs 472 HARRISON Town of, charter amended 209 HEARD COUNTY Manufacture of liquor in 473 HENRY COUNTY Manufacture of liquor in 474 HILL, WILLIAM Pension of 524 I INGRAM, JAMES J. Pension of 528 INJUNCTION Application for, to prevent cutting timber 39 INSOLVENT COSTS In Hancock county 472 In Irwin county 475 In McDuffe county 481

Page 571

INSPECTOR Of illuminating oils 75 Of roads and bridges 89 INSURANCE Regulating business of 45 Brokers business of 53 Companies, deposits of 54 IRWIN COUNTY Per diem of jurors and bailiffs 474 In solvent costs 475 IRWIN, W. J Pension of 524 J JACKSON COUNTY Manufacture of liquor in 476 Town of, charter amended 212 JASPER COUNTY Manufacture of liquor in 477 County court of, judge and solicitor 382 JEFFERSON City court of, incorporated 214 City court of, solicitor 383 Town of, charter repealed 232 JONES County court of, judge and solicitor 384 Board of commissioners 477

Page 572

JURISDICTION Ceded for National Park 92 Ceded for Government building 93 Ceded for United States Prison 94 JURY COMMISSIONERS County commissioners 78 JURY LISTS Revision of 44 JUSTICES OF THE PEACE Of district consolidated or abolished 24 Compensation for list of taxpayers 35 K KELL, ADJUTANT-GENERAL Clerk for 525 Relief of 522 KING, HON. W. S. Per diem of 509 KIRKWOOD Town of, incorporated 233 KNOXVILLE Public schools for 454

Page 573

L LaGRANGE City court of, established 385 LAMB, JOHN P. Relief of, estate of 508 LANGFORD, W. B. Relief of 515 LAND Unenclosed, protection of timber 59 LANDLORD'S LIEN Superior to year's support 47 LAURENS COUNTY Sale of cottonseed in 479 LEASES For railroads to be recorded 54 LEE COUNTY Protection of fish 479 LEGAL ADVERTISEMENTS Rates for, and publication of 40 LEGISLATURE Recess of 534

Page 574

LEXINGTON City of, incorporated 239 City court of, established 395 LIEN How transferred 90 For improvement of real estate 33 LIENS Of mortgages on crops 78 LINCOLN COUNTY Bonds to build jail 480 LIQUOR Unlawful sale of 73 License for sale in Appling county 464 Domestic wine in Bryan county 465 Manufacture of in Gwinnett county 472 Manufacture of in Heard county 473 Manufacture of, in Henry county 474 Manufacture of, in Jackson county 476 Manufacture of, in Jasper county 477 Manufacture of, in Monroe county 484 Manufacture of, in Spalding county 492 Manufacture of, in Walton county 494 Sale of, in Monroe county 486 Sale of, in Whitfield county 496 LUNATICS Pension of 91

Page 575

M MACON Corporate limits 249 Charter amended 250 McDUFFIE COUNTY Insolvent costs 481 McREE, B. R. Relief of 515 MEIGS Town of, charter amended 251 MERRITT, ALBERT Pension of 536 MILITARY FORCES Reorganization, etc. 60 MILITIA DISTRICTS How changed 23 MILTON COUNTY Drainage 482 Superior Court of, terms of 407 MINING COMPANIES Railroads of 31 MONROE COUNTY Manufacture of liquor in 484 Sale of liquor in 486

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MORGAN COUNTY Board of commissioners, election of 485 Chaingang 484 MORTGAGES To secure bonds 32 On crops, lien of 78 MOULTRIE City of, registration of voters 252 City of, charter amended 254 Public schools of 456 MUNICIPAL CLAIMS Limitations of 60 MUNICIPALITIES Claims for damages against 74 MUNICIPAL OFFICES How held 26 N NATIONAL PARK Near Atlanta 534 Land for 92 NUISANCES Blind tigers, declared to be 73

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O OCILLA Town of, charter amended 256 OCONEE COUNTY County court of 407 OGLETHORPE COUNTY City court of, abolished 408 Drainage 488 Misdemeanor convicts 487 OILS Inspection of, illuminating 75 OLD CAPITOL AT MILLEDGEVILLE Appropriation for repair of 11 OYSTERS Protection of 96 P PARIS EXPOSITION Commissioners to 518 PAULDING COUNTY Superior Court of, terms of 409 PENSIONS For invalid and indigent soldiers, appropriation 11 For Confederate soldiers and their widows 19 Of lunatics 91

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PHARMACIES How taxed 13 PHOTOGRAPHERS Confederate soldiers as, not taxed 14 POULAN Town of, incorporated 265 POWER, W. B. Pension of 521 PRISON COMMISSION Appropriation for support of 9 Sleeping apartments of convicts 67 PRIVATE HOSPITALS AND SANITARIUMS Inspection of 81 PUBLIC SCHOOLS Examination of teachers 51 Q QUAILS Protection of 95 R RABUN COUNTY Importation of cattle 489

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RACCOON Charter amended 258 RAILROADS Crossed by mining companies 31 Freight trains on Sunday 88 Leases to be recorded 54 RAILWAY POSTAL CLERKS Exempt from jury duty 69 REAL ESTATE Deeds for improvement of 57 RICHMOND COUNTY Fishing and hunting 491 Shooting near roads 491 RINGGOLD Village of, charter repealed 259 Town of, incorporated 259 ROADS AND BRIDGES Inspector of 89 ROME Charter amended 264 ROME CIRCUIT Superior Courts of 410

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ROSE HILL BAPTIST CHURCH, COLUMBUS, GA. Sale of 502 Rose Hill Baptist Church, Columbus, Ga., 516 RUTHERFORD, S. P. Pension of 512 S SANITARIUM Private 81 SAVANNAH City court, clerk and sheriff 411 SEDUCTION Testimony of wife 42 Prosecution for, how stopped 43 SECOND BAPTIST CHURCH, COLUMBUS, GA. Sale of 502 SEWING MACHINE COMPANIES Agents for, how taxed 15 SHOCKLEY, W. J. Discharge of, from Sanitarium 533 SLEEPING CAR COMPANIES White and colored passengers 66 SMITH, JAMES J. Pension of 535

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SOCIAL CIRCLE Town of, charter amended 268 SOLDIERS Confederate, exempt from specific tax 99 Confederate, exempt from specific tax 100 Invalid and indigent, pensions for 11 Confederate, and their widows, pensions for 19 Confederate, as photographers, not taxed 14 SPARKS Town of, new charter 271 SPALDING COUNTY Chaingang 493 Manufacture of liquor 492 SPRATLIN, G. W. Pension of 524 STATE DEPOSITORY In city of Douglas 27 STATE NORMAL SCHOOL Visiting Committee of 530 STATE UNIVERSITY Visiting Committee of 513 STATHAM, W. R. Pension of 510 STOCK LAW In districts not fenced 29

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STONE MOUNTAIN Public schools for 458 ST. JOHNS RIVER, FLORIDA 517 SUMMERVILLE Town of, charter amended 279 Town of, charter amended 280 SUPERIOR COURTS Of Dougherty county, terms of 356 Of Milton county, terms of 407 Of Paulding county, terms of 409 Of Walker county, terms of 410 Of Chattooga county, terms of 410 Of Floyd county, terms of [Illegible Text] SUPERSEDEAS In criminal cases 77 SURETY COMPANIES Deposits by 54 SWAINSBORO City of, incorporated 282 SWANN, T. E. Pension of 531 T TALBOTTON Charter amended 294

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TANNER, HON. ELIJAH. Per diem and mileage of 513 TAXES Agents for sewing machine companies, how taxed 15 Confederate soldiers as photographers, exempt from 14 Dogs, how taxed 15 Pharmacies, how taxed 13 TAX FI. FAS. How collected 26 TECHNOLOGICAL SCHOOL Meetings of Trustees 50 TIMBER Application to enjoin cutting 39 Protection of 59 TOWNS COUNTY Importation of cattle 489 TRAYLOR, T. J. Pension of [Illegible Text] TREASURER'S REPORT 538 TROUP COUNTY Importation of cattle 489 TURKEYS Protection of 95

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U UNFINISHED BUSINESS OF LEGISLATURE 518 UNION COUNTY Board of commissioners 494 Importation of cattle 489 UNITED STATES BUILDING Land for 93 UNITED STATES CONGRESS Memorial relating to St. Johns River 517 Memorial relating to Brunswick bar 520 Memorial relating to Georgia rivers 527 Memorial relating to payment for cotton seized and sold by United States 529 Memorial relating to National Park 534 UNITED STATES PRISON Land for 94 V VALDOSTA City of, charter amended 296 VERNON SHELL ROAD COMPANY Electric cars 503 VOLUNTARY MANSLAUGHTER Cooling time 41

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VOLUNTARY FORCES Officers of 28 VOTERS Disqualified, how listed 21 W WALDO, A. L. Appropriation for 530 WALKER COUNTY Superior Court of, terms of 410 WALTON COUNTY Manufacture of liquors in 494 WAREHOUSES Bonded 84 WARRENTON Town of, charter amended 299 WASHINGTON City court of, established 413 WATERS Poisoning of 68 WAYCROSS City court of 427

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WELCH, GEORGE Pension of 528 WHITE COUNTY Board of commissioners, clerk of 495 WHITFIELD COUNTY Protection of fish 497 Sale of liquor in 496 WRIGHTSVILLE City of, incorporated 308 City court of, established 429 Y YATESVILLE Town of, charter amended 312 YEAR'S SUPPORT Landlord's lien 47