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, GA: GEO. W. HARRISON, STATE PRINTER 19000000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1900 19000000 COMPILED AND PUBLISHED BY AUTHORITY ATLANTA, GA . GEO. W. HARRISON, STATE PRINTER 1900

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

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TABLE OF TITLES. Part I.Public Laws. TITLE I.APPROPRIATIONS. II.TAXES AND PUBLIC DEBT. III.CODE AMENDMENTS. IV.SUPERIOR COURTS. V.MISCELLANEOUS. Part II.Local Laws. TITLE I.CITY AND COUNTY COURTS. II.MISCELLANEOUS. Part III.Corporations. TITLE I.MUNICIPAL CORPORATIONS. II.PRIVATE CORPORATIONS. Part IV.Resolutions.

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STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1900. Part I.Public Laws . TITLE I APPROPRIATIONS. TITLE II TAXES AND PUBLIC DEBT. TITLE III CODE AMENDMENTS. TITLE IV SUPERIOR COURTS. TITLE V MISCELLANEOUS.

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TITLE I. APPROPRIATIONS. ACTS. For Support of the Government, etc., for 1901 and 1902. For the Georgia State Sanitarium. For the University of Georgia. For the State Printer. For Pensions for Widows of Ex-Confederate Soldiers. FOR THE SUPPORT OF THE GOVERNMENT, ETC., FOR 1901 AND 1902. No. 177. An Act to make appropriations for the ordinary expenses of the Executive, Legislative and Judicial Departments of the Government, payment of the public debt and the interest thereon, and for the support of the public institutions and the educational interests of the State for each of the fiscal years 1901 and 1902, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the following sums of money be, and the same are, hereby

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appropriated on account of the Executive Department of the Government for each of the fiscal years 1901 and 1902, to the persons, and for the purposes respectively hereinafter mentioned and set forth, viz.: For Executive Department. For salary of the Governor of the State, three thousand dollars. Governor. For salary of the Secretary of the State, two thousand dollars. Secretary of State. For salary of the Treasurer of the State, two thousand dollars. Treasurer. For salary of the Comptroller-General of the State, two thousand dollars. Comptroller-General For salary of the Attorney-General of the State, two thousand dollars. Attorney-General. For salary of Special Attorney for Western and Atlantic Railroad, two thousand dollars. Attorney for W. A. R. R. For salary of the Commissioner of Agriculture, two thousand dollars. Commissioner Agriculture. For salaries of Prison Commissioners, each two thousand dollars. Prison Commissioners. For salaries of Railroad Commissioners, each twenty-five hundred dollars. Railroad Commissioners. For salary of the Clerk of the Railroad Commission, twelve hundred dollars. Clerk R. R. Commissioners. For salary of the State School Commissioner, two thousand dollars. School Commissioner. For salary of Commissioner of Pensions, two thousand dollars. Pension Comm'r. For salary of State Librarian, eighteen hundred dollars. State Librarian. For salary of Assistant Librarian, eight hundred dollars. State Librarian's assistant. For salary of the Resident Physician of the State Sanitarium, twenty-five hundred dollars. Physician of Sanitarium. For salaries of Secretaries and Clerks of the Executive Office, six thousand dollars. Clerks Executive Office. For salary of Clerk of Secretary of State, one thousand dollars. Clerk Sec'y of State. For salary of Clerk of Treasurer of State, sixteen hundred dollars. Clerk Treasurer. For salaries of Clerks in Comptroller-General's office, including the Insurance Departments and Clerk in the Wild Land office, four thousand dollars. Clerks Comptroller-General For salary Clerk of Commissioner of Agriculture, twelve hundred dollars. Clerk Com. Agriculture. For salary Clerk of State School Commissioner, twelve hundred dollars. Clerk School Comm'r. For salary Clerk of State Bank Examiner, twelve hundred dollars. Clerk B'nk Examiner. For salary Clerk of Attorney-General, nine hundred dollars. Clerk Att'y General.

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For salary Clerk of Prison Commission, twelve hundred dollars. Clerk Prison Com. For clerical help in Pension Department, twelve hundred dollars. Clerk Pension Dept. SEC. 2. Be it further enacted by the authority aforesaid, That the following sums of money be, and the same are, hereby appropriated on account of the Judicial Department of the Government for each of the fiscal years 1901 and 1902, and for the purposes hereinafter mentioned and set forth, viz: Judicial Department For salaries of the Supreme Court Judges, each three thousand dollars. Supreme Court Judges. For salaries of Superior Court Judges, each two thousand dollars. Superior Court Judges. For salaries of Solicitor-Generals, each two hundred and fifty dollars. Solicitors-General. For salaries of the Supreme Court Reporters, each two thousand dollars. Supreme Court Reporters. For salaries of the Supreme Court Stenographers, each fifteen hundred dollars. Supreme Court Stenographers. For salary of the Sheriff of the Supreme Court, one thousand dollars. Supreme Court Sheriff SEC. 3. Be it further enacted by the authority aforesaid, That the following sums of money be, and the same are, hereby appropriated for and on account of the Legislative Department for each of the fiscal years 1901 and 1902, to the persons and for the purposes herein mentioned and set forth, viz: Legislative Department For compensation of the President of the Senate and the Speaker of the House of Representatives there is hereby appropriated the sum of seven dollars per diem each during the session of the General Assembly, and mileage at the rate of ten cents per mile by the nearest practicable route in going and returning from the capitol. President of Senate and Speaker of House. For compensation of members of the General Assembly, four dollars per diem each, and mileage at the rate of ten cents per mile by the nearest practicable route in going to and returning from the capitol. Members of Legislature. For compensation of the Secretary of the Senate, the sum of sixty dollars per diem, out of which he shall pay the entire clerical expenses of the Senate, as provided by the Act of October 8, 1879. Secretary of Senate. For compensation of the Clerk of the House of Representatives, the sum of seventy dollars per diem, out of which he shall pay the entire clerical expenses of the House of Representatives as provided by the Act of October 8, 1879. Clerk of House.

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For compensation of the Doorkeeper of the Senate, Doorkeeper of the House of Representatives, Messenger of the Senate, Messenger of the House of Representatives and Postmaster of House of Representatives, four dollars per diem'each, and the same mileage allowed members of the General Assembly. Doorkeepers and messengers. For compensation of three Gallery Keepers of the Senate and three for the House of Representatives, four dollars per diem each. Gallery keepers. For compensation of three Assistant Doorkeepers of the Senate and five Assistant Doorkeepers of the House of Representatives, four dollars per diem each. Assistant doorkeepers. For compensation of Chaplain of the Senate and of the House of Rrepresentatives, each four dollars per diem. Chaplains. For compensation of five Porters of the Senate and eight Porters of the House of Representatives, two dollars per diem each. Porters. For compensation of six Pages of the Senate and eight Pages of the House of Representatives, two dollars per diem each, and one Elevator Boy, three dollars per diem. Pages and elevator boy. For compensation of one Attendant of the Senate and one Attendant of the House of Representatives, for services in keeping and cleaning the water-closets at the capitol during the session, two dollars per diem each. Attendants. For compensation of the several Committeemen of the Senate and House of Representatives in visiting the various public institutions of the State, to be paid on an itemized statement furnished by the members of said committees; the total expenses of each member shall not exceed five cents per mile for his actual and necessary expenses for each mile traveled by nearest practicable route going and returning, and maximum amount shall not exceed twenty dollars, regardless of number of miles traveled. Committeemen. To pay the incidental expenses of the General Assembly, to be paid on an itemized account presented to the Governor by the Secretary of the Senate and the Clerk of the House of Representatives, eighty-five dollars for the House of Representatives and fifty dollars for the Senate, or so much thereof as may be necessary. Incidental expenses. To pay the bills for stationery furnished the General Assembly, seven hundred dollars, or so much thereof as may be necessary. Stationery For indexing the Journal of the House and the Journal of the Senate, each seventy-five dollars, to be paid to O. L. Gresham, Journal Clerk of the House and L. G. Brannon, Journal Clerk of the Senate, when said indexing is completed. Journal clerks. SEC. 4. Be it further enacted by the authority aforesaid, That the following sums of money be, and the same are, hereby appropriated for and on account of the public institutions of the State for each of the fiscal years 1901 and 1902, as follows: Public Institutions.

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For support and maintenance of the Academy of the Blind and for salaries of its officers, eighteen thousand dollars, or so much thereof as may be necessary; provided, that the Governor shall require of the superintendent and resident physician an itemized statement monthly of all expenditures, which statement shall be approved by the Board of Trustees. Academy of the Blind. For repairs of Academy of the Blind, four thousand dollars. Repairs. For support and maintenance of the School for the Deaf and pay of its officers and attachs, etc., twenty-five thousand dollars, or so much thereof as may be necessary; provided, that the Governor shall require of the superintendent an itemized statement monthly of all expenditures, receipts and income, which statement shall be approved by a quorum of the Executive Committee. School for the Deaf. For support and maintenance of the Georgia State Sanitarium, two hundred and ninety thousand dollars, or so much thereof as may be necessary, to be expended only when directed by the Board of Trustees; and the Governor is authorized to make monthly an advance to cover the cost of supplies and incidental expenses of said Asylum; provided, that the Governor shall require of the superintendent and resident physician an itemized statement monthly of all expenditures, which statement shall be approved by a quorum of the Board of Trustees, and of which sums for ordinary repairs may be paid for. Said amounts to be expended at such times and in such amounts as may be approved by the Board of Trustees. State Sanitarium. For the State University at Athens, the sum of eight thousand dollars. State University. For the State University for the support and maintenance of the School of Technology, forty thousand dollars; provided, however, that this appropriation shall not be available unless the trustees make a rule prohibiting any county having more than six free scholarships in the school, and providing a reasonable tuition fee for all in addition to that number; provided further, that the chairman of the local Board of Trustees of said institution report to the Governor the number of teachers and other employees, with their names and amount of salary paid each, a catalogue of students showing their places of residence, from whom and how much is collected in tuition fees; an itemized statement of all receipts and expenditures, disposition of the products of the shops, etc., and shall continue to make such reports annually before the meeting of the General Assembly. School of Technology. For the University of Georgia for the use of the State Technological School, for the purpose of erecting an electrical building, ten thousand dollars ($10,000.00). School of Technology.

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For purchasing and providing equipment for the Textile Department, six thousand dollars ($6,000.00). School of Technology. The said Electrical Building shall be erected on the campus of the State Technological School, and the money therefor shall be paid over to the Treasurer of the State University and by him transmitted to the Treasurer of the local Board of Trustees of the State Technological School, and the same shall be expended as needed in the erection and completion of the building aforesaid; and an itemized statement of the expenditures aforesaid shall be furnished to the Governor by the said Treasurer of the State Technological School, on the completion of said building. School of Technology. The appropriation of six thousand dollars ($6,000.00) for the equipment of the Textile Department and that of ten thousand dollars ($10,000.00) for the Electrical Building, shall not be available until the trustees of the school shall have raised the sum of twenty-five thousand dollars ($25,000.00) additional in money or equipment, by private subscription for said purpose. School of Technology. For the State University for the support and maintenance of the Georgia Normal and Industrial College, twenty-two thousand and nine hundred dollars ($22,900.00). Georgia Normal and Industrial College. For State University for support of North Georgia Agricultural College, a branch of the University at Dahlonega, seven thousand dollars; provided, that under no pretext whatever, whether as tuition, matriculation fee, incidental expenses or otherwise, shall said college charge exceeding ten dollars per year or five dollars per term for each pupil; provided further, that any charge made in excess of said sum shall work a forfeiture of said appropriation. North Georgia Agricultural College. For State University for support of State Normal School at the Rock College at Athens, for training and instructing teachers, twenty-two thousand five hundred dollars for the years 1901 and 1902 each; provided, that so much of said sum as may be necessary shall be used for the construction and maintenance of an adequate system of sewerage for said institution and for such repairs and erecting a dining hall and such other buildings as shall be necessary; provided further, that only sixteen thousand dollars of said sum shall be available until said system of sewerage is completed. State Normal School For the University for the colored people, under the Act approved November 26, 1890, the sum of eight thousand dollars, to be drawn only in accordance with the conditions prescribed in said Act. University for Color'd People. For the payment of the interest known as the land script fund and due the State University, six thousand three hundred and fourteen dollars and fourteen cents. Land script fund.

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For the support of the Common Schools, eight hundred thousand dollars, in addition to the school fund derived from the sources referred to in article 8, section 3 of the Constitution. Common schools. For the State University at Athens, the sum of twenty-two thousand five hundred dollars annually for the years 1901 and 1902, to be used for its support and maintenance and for necessary repairs and buildings and the furnishing and equipping thereof. State University. SEC. 5. Be it further enacted by the authority aforesaid, That the following sums of money be, and they are, hereby appropriated to pay the recognized valid debt of the State, as follows: Debt of the State. One hundred thousand dollars on bonds maturing January 1st, 1901, and one hundred thousand dollars on bonds maturing January 1st, 1902, to be paid out of the sinking-fund. To pay the interest maturing in each of the years 1901 and 1902, the respective sums of three hundred and thirty thousand three hundred and eighty dollars and ten cents for 1901, and three hundred and twenty-five thousand eight hundred and eighty dollars for 1902. Maturing bonds. Interest. SEC. 6. Be it further enacted by the authority aforesaid, That the following sums of money be, and the same are, hereby appropriated for the following miscellaneous purposes necessary for the support of the State Government for each of the years 1901 and 1902: Miscellaneous. For the Department of Agriculture, the sum of ten thousand dollars, as provided by section 1794 of the Civil Code of 1895. Departm't of Agriculture. For salary of Chemist of the Department of Agriculture, the sum of three thousand dollars, as provided by section 1557 of the Civil Code of 1895, and for salaries of two Assistant Chemists, as provided by the Act of 1891, the sum of one thousand dollars each. Said salaries of Chemist's assistants shall be paid out of the fees arising from the inspection of fertilizers, as provided by the Act of 1891. Chemists. For replenishing chemicals and apparatus used by the State Chemist and his Assistants, a sum not to exceed one thousand dollars. Said sum to be paid from fees arising from inspection of fertilizers, as appropriated in the Act of 1891. Chemists. For salary of State Entomologist, one thousand five hundred dollars, and one thousand dollars for his expenses. Said sums to be paid out of fees arising from inspection of oils. Entomologist. For contingent fund, the sum of ten thousand dollars, or so much thereof as may be necessary, out of which the actual expenses of the Board of Directors of the Georgia Experimental Station shall be paid, and the sum of two hundred dollars, or so much thereof as may be necessary, shall be applied out of said fund to

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the use of the State Board of Pharmacy for analyzing and preventing the sale of adulterated drugs and medicines under section 1500 of the Civil Code of 1895. Contingent fund. For contingent expenses of Railroad Commission in paying incidental expenses of office, the hire of a porter, stenographer, etc., the sum of eight hundred dollars, or so much thereof as may be necessary. Railroad Commission. For contingent expenses of the Supreme Court in paying for the necessary printing, stationery, purchasing record books, binding opinions of the court, hiring a porter, etc., the sum of twelve hundred dollars, or so much thereof as may be necessary. Supreme Court. For the printing fund, the sum of fifteen thousand dollars, or so much thereof as may be necessary. Printing fund. To cover deficiency for 1900, the sum of fifteen hundred dollars. Printing fund. For printing fund of the Railroad Commission, the sum of one thousand dollars, or so much thereof as may be necessary to pay for such printing and advertising as the Commissioners may deem necessary for the proper carrying on of the business of the said Commission as directed by law. Railroad Commission. For the repairs of the public buildings, to purchase coal, wood, lights and furniture for the executive mansion and the various departments of the State Government, to pay the hire of engineers, guard, servants at the mansion, and such porters for the various departments of the State Government as the Governor may employ, and general incidental expenses and such other laborers as may be necessary, seventeen thousand ($17,500) five hundred dollars, or so much thereof as may be necessary, of which sum two thousand dollars shall be paid to the keeper of public buildings for salary in each of the years 1901 and 1902; provided, there shall be an itemized account of the various matters upon which these payments are made presented to the Governor before he issues his warrant therefor. Public buildings, servants, etc. For insurance of public property as provided by the Act of 1883, the sum of twenty-four thousand dollars for the year 1902, or so much thereof as may be necessary; said insurance to be for five years. Fire insurance. For public library and such other articles and supplies as may be needed by the Supreme Court in conduct of its business, for which provision is not made elsewhere, to be expended as the Judge of the Supreme Court may direct, three thousand dollars, or so much thereof as may be necessary. Library and Supreme Court. For printing Supreme Court Reports, the sum of seven thousand five hundred dollars (and one thousand five hundred dollars for deficiency for 1900), or so much thereof as may be necessary. Supreme Court Reports.

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For binding the Journals as provided by the Act of 1889, the sum of five hundred and fifty dollars, or so much thereof as may be necessary. Binding Journals. For purchase of pamphlet of laws of 1896, 1897 and 1898, published by W. H. Harrison, four hundred dollars. Pamphlet Laws. To pay the salaries of the Trustees of the Georgia State Sanitarium, and actual railroad fare in going to and from Milledgeville, the sum of two thousand five hundred dollars, as provided by the Act of 1889, or so much thereof as may be necessary. Trustees of Sanitarium. To pay the Trustees of the State University, as provided by the Act of 1889, the sum of four dollars per diem each, for expenses at the meeting of the Board of Trustees, and actual fare to and from the place of meeting. Trustees of University To pay maimed and disabled Confederate soldiers, as provided by act of November 11, 1889, the sum of one hundred and ninety thousand dollars, or so much thereof as may be necessary. Pensions. To pay indigent soldiers, as provided by act approved December 15, 1894, the sum of three hundred thousand dollars. Pensions. To pay the widows of such Confederate soldiers as may have died in the service of the Confederate States, or since from wounds received therein, or disease contracted in the service of the Confederate States, and indigent widows of deceased Conferate soldiers, the sum of two hundred thousand dollars, or so much thereof as may be necessary. Pensions. To pay the fees of Solicitors-General in criminal cases before the Supreme Court, such amounts as may be due under the fee bill as provided by law. Solicitors-General. To pay the Clerk of the Supreme Court his salary, if the costs in the Supreme Court do not amount to the sum now allowed by law for compensation of said clerk, an amount equal to the difference between the actual amount due said clerk as salary, which amount of difference shall be paid when certified by the judges of the Supreme Court, as provided by section 5514 of the Civil Code of 1895. Clerk Supreme Court. For the payment of the stenographer and clerk of the committee on Western and Atlantic Railroad, the sum of one hundred dollars. Clerk W. A. Railroad Committee For Geological Department eight thousand dollars for the years 1901 and 1902, as provided by Act of 1889; provided, that the State Geologist shall devote 100 days to field trips during each year for which this appropriation is available; the Assistant Geologist, Acting Chemist, 90 days; and the other Assistant Geologists, 150 days. Geological Department. For printing for Geological Department, two thousand five hundred dollars. Geological Departm't.

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For maintenance Department Prison Commission and purchase of additional lands, one hundred and twelve thousand eight hundred dollars. Prison Commission. For the payment of cattle inspectors to be appointed by the Commissioner of Agriculture for the purpose of inspecting cattle, locating and reporting to said Commissioner cattle infected with ticks, distemper, or other infectious diseases, and quarantining the same when so directed by said Commissioner, as provided by the act for the protection of cattle, approved December 20, 1899, the sum of five hundred dollars for each of the years 1901 and 1902, to be paid out of the fees arising from the inspection of fertilizers. Cattle inspectors. For the purpose of defraying the cost of transportation of the State's exhibit of its material resources to the Buffalo and Charleston Expositions the sum of one thousand dollars, or so much thereof as may be necessary, the same to be expended by the State Commission already authorized for the purpose of making such display of the State's resources, on an itemized statement of said expenditures being submitted to the Governor. Buffalo and Charleston Expositions. SEC. 7. Be it further enacted by the authority aforesaid, That in making the appropriations hereinbefore mentioned, when said appropriations are to be paid to persons, or for particular objects, same shall be paid from the funds arising from the sources now provided by law. Payments. SEC. 8. Be it further enacted by the authority aforesaid, That the respective amounts appropriated by this act for salaries of the various State House officers and clerical expenses of the various departments shall be held and considered in full payment thereof, and such amounts shall not be increased, directly or indirectly, by payment of additional sums from the contingent or any other fund, to such officers, their clerks, or any person by way of extra compensation, or for extra services or extra assistance rendered to such officers in any department of said government; and should extra service or assistance become necessary to said officers in said departments the same shall be paid for out of the amounts respectively appropriated by this act for salaries of the various State House officers and for the clerical expenses [Illegible Text] said officers; nor shall any money be paid from any fund to any officer or person as a salary or otherwise, unless the same is authorized by law, audited by the Comptroller-General and the money duly appropriated therefor. Extra compensasation. SEC. 9. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 21, 1900.

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THE GEORGIA STATE SANITARIUM. No. 127. An Act to appropriate one hundred and fifty thousand dollars for the Georgia State Sanitarium, to be used in erecting buildings, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the sum of one hundred and fifty thousand dollars, or so much thereof as may be necessary, be, and is, hereby appropriated to the Georgia State Sanitarium, to be used by the Trustees of said Sanitarium for the following purposes: For erecting buildings and furnishing same. State Sanitarium. SEC. 2. Be it further enacted by the authority aforesaid, That only seventy-five thousand dollars of the one hundred and fifty thousand dollars appropriated shall be available for the year 1901, and that the remaining seventy-five thousand dollars be available for the year 1902. SEC. 3. Be it further enacted by the authority aforesaid, That this sum, or any part thereof, may be drawn from the Treasury by warrant of the Governor whenever the bills for such buildings have been approved by the Trustees of the Sanitarium and the Governor. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 18, 1900. THE UNIVERSITY OF GEORGIA. No. 164. An Act to appropriate to the Trustees of the University of Georgia the sum of five thousand dollars, to be used in building and furnishing a dormitory for girls for the North Georgia Agricultural College at Dahlonega, 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 ($5,000.00) dollars be, and the same is

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hereby, appropriated to the Trustees of the University of Georgia, to be used for the building and furnishing a dormitory for girls for the North Georgia Agricultural College at Dahlonega, Georgia. North Georgia Agricultural College. SEC. 2. Be it further enacted by the authority aforesaid, That this sum may be drawn from the Treasury by warrant of the Governor whenever the bills of such building have been approved by the local Board of Trustees of the North Georgia Agricultural College. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 19, 1900. STATE PRINTER. No. 143. An Act for the relief of Geo. W. Harrison, State Printer. WHEREAS, There remains a balance of four hundred and eighty-two and [UNK] dollars due Geo. W. Harrison for work done and material furnished by said Geo. W. Harrison to the Agricultural Department of this State under a contract made with the Commissioner of said Department, which balance has been certified to be correct by the former Commissioner of Agriculture, Hon. R. T. Nesbitt, by whom said contract was made; and whereas, there is no fund out of which the present Commissioner of Agriculture can pay said balance; therefore, State Printer. SECTION 1. Be it enacted by the General Assembly of Georgia, That the sum of four hundred and eighty-two and [UNK] dollars be, and the same is, hereby appropriated to pay balance due Geo. W. Harrison for work done and material furnished the Agricultural Department of the State of Georgia under contract with the Commissioner of said Department, and shown to be due by his certificate. SEC. 2. Be it further enacted, That all laws in conflict herewith are hereby repealed. Approved December 18, 1900.

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PENSIONS FOR WIDOWS OF EX-CONFEDERATE SOLDIERS. No. 158. An Act to carry into effect an Act amending paragraph 1 of section 1 of article 7 of the Constitution of this State, by providing an annual pension to the widows of all ex-Confederate soldiers, who are by reason of age and poverty, infirmity and poverty, or blindness and poverty, unable to provide a living for themselves, to prescribe the conditions upon which payments shall be made, to appropriate the necessary funds from which said pensions are to be paid, to fix the time when the pension period should begin. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, there shall be paid annually a pension of sixty ($60) dollars to the widow of each ex-Confederate soldier now residing in the State of Georgia, and who was on the first day of January, 1900, a bona fide citizen of this State, who by proper proof shows that she is the widow of an ex-Confederate soldier who volunteered either in the regular service, or in the organized militia of the State of Georgia during the civil war, and performed regular military service for not less than six months, and who, at the time of filing her application, submits proof to show that by reason of her age and poverty, infirmity and poverty, or blindness and poverty, she is unable to support herself by her own exertion. Pensions. SEC. 2. Be it further enacted by authority aforesaid, That the payment of the pensions provided for by this Act shall be paid at the same time as other widows are now paid as provided by law. SEC. 3. Be it further enacted by authority aforesaid, That the Pension Commissioner shall cause to be prepared and furnished to the ordinaries of the State necessary blank applications for the use of applicants for the benefits of this Act. Each applicant shall make oath before the ordinary of her county, setting forth her name and age, her occupation and physical condition, the company and the regiment in which her husband enlisted as a soldier, and the full term of his service in the Confederate army or Georgia militia. She shall set forth what property, effects or incomes she possesses. She shall furnish the testimony by one witness who personally knows that her husband enlisted in the service and performed the duties of a soldier as

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claimed by her, and that she is unable to support herself by labor of any sort. She shall also furnish proof of her physical condition by one or two physicians who reside in her county. These proofs shall be made before the ordinary of the residence of the witnesses, and the ordinary shall certify to the trustworthy character of the witnesses. The ordinary shall in every case administer an oath to each applicant and witness before they sign the affidavits called for by this Act, and the same fees are to be paid for this class of pensions as are paid for services of the like character of other pensioners. Blanks. Proofs. SEC. 4. Be it further enacted, That the sum of one hundred thousand dollars be appropriated to pay the pensions provided for by this Act for the year 1901, and the like amount for 1902, to be paid out of any money in the treasury not otherwise appropriated, and the Governor is authorized to draw his warrant on the treasury to pay each applicant, making the proofs required by this Act, the pension herein allowed. SEC. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 19, 1900.

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TITLE II. TAXES AND PUBLIC DEBT. ACTS. General Tax Act for 1901 and 1902. To Pay Public Debt. Tax on Dogs Repealed. GENERAL TAX ACT FOR 19011902. No. 175. An Act to levy a tax for the support of the State Government and the public institutions; for educational purpose in instructing children in the elementary branches of an English education only; to pay the interest on the public debt; and to pay maimed Confederade soldiers and widows of Confederate soldiers such amounts as are allowed them by law for each of the fiscal years 1901 and 1902; to prescribe what persons, professions and property are liable to taxation; to prescribe the methods of collecting and receiving said taxes; to prescribe the methods of ascertaining the property of the State subject to taxation; to prescribe additional questions to be propounded to taxpayers, and to provide penalties and forfeitures for non-payment of taxes; to prescribe how the oath of taxpayers shall be administered and provide penalties for violation thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the Governor be authorized and empowered, with the assistance of the Comptroller-General, to assess and levy a tax on taxable property of this State, for each of the fiscal years 1901 and 1902, of three and one-tenth mills; and the Governor be, and is, hereby authorized and empowered, by and with the assistance of the Comptroller-General to assess and levy, in addition to the foregoing general State tax, a tax of two and one-tenth mills for each of the two years 1901 and 1902, on all of the taxable property in this State for the

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purpose of raising the funds necessary to meet the appropriations of this General Assembly for educational purposes in instructing children in the elementary branches of an English education only. And should the levy of 2[UNK] mills raise more than eight hundred thousand ($800,000) dollars, the overplus shall be used for the prompt monthly payment of teachers, and shall not be paid out for any other purpose; provided, nothing in this section shall be construed to increase the annual appropriation of $800,000.00. Tax rate. School tax SEC. 2. Be it further enacted by authority aforesaid, That in addition to the ad valorem tax on real estate and personal property, as required by the Constitution and provided for in the preceding section, the following specific taxes shall be levied and collected for each of said fiscal years. Special taxes. First. Upon each and every male inhabitant of the State, between the ages of twenty-one and sixty years, on the days fixed for return of property for taxation, a poll tax of one dollar, which shall be for educational purposes in instructing children in the elementary branches of an English education only; provided, this tax shall not be demanded of blind persons, nor of crippled, maimed or disabled Confederate soldiers, relieved of such taxes under and by authority of section 766, volume 1, of the Code of 1895. Poll tax. Second. Upon every practitioner of law, medicine, dentistry, upon every architect charging for their services as such, upon every civil, mechanical and electrical engineer, and upon the presidents of each of the express, telegraph, railroad, street railroad, steamboat, telephone, electric light, sleeping and palace car companies, banks, building and loan associations and gas companies doing business in this State, and in case the presidents of such companies do not reside in this State then, in such case, upon the superintendent or general agent or person in charge of the business of such companies who may reside in this State, ten dollars; and no municipal corporation, or county authorities shall levy any additional tax on said professions, either as a license fee or otherwise. Professional tax. Third. Upon every daguerrean, ambrotype, photographic and similar artists 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 towns or city, or within ten miles of the limits thereof, where there is located a permanent photographer; and upon each agent or firm negotiating loans and charging therefor, ten dollars in each county in which they may carry on business. Artists. Loan agents.

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Fourth. Upon every person carrying on the business of auctioneer for pay or compensation, twenty-five dollars for each county in which they may carry on such business. Auctioneers. Fifth. Upon every keeper of a pool, billiard or bagatelle table, kept for public use, whether in a barroom, hotel or other public place, twenty-five dollars for each table; provided, that this tax shall not be required of any disabled Confederate soldier, and who shall be entitled only to exemption upon one table and whose privilege or license shall not be transferable, and said table to be run by such soldier himself. Keepers of gaming tables. Sixth. Upon every keeper of any table, stand or place for the performance of any game or play; and upon the keeper of any flying horses, or any other game or play, unless kept for exercise or amusement not prohibited by law, and not kept for gain, directly or indirectly, twenty-five dollars in each county. Keepers of gaming places. Seventh. Upon every keeper of a tenpin alley, or alley of like character, kept for public play and upon every keeper of a shooting-gallery, twenty-five dollars, for each place of business. Keepers of gaming places. Eighth. Upon every traveling vendor of patent or proprietary medicines, special nostrums, jewelry, paper, soap, or other merchandise, fifty dollars in each county where they may offer such articles for sale. Peddlers. Ninth. Upon every local insurance agent or firm of agents or insurance broker or firm of brokers doing business in this State, ten dollars for each county in which they shall solicit business; and upon every agent of a matrimonial, natal, or nuptial company, one hundred dollars for each county in which they shall do business; and upon every traveling or special or general agent of life, fire or accident or other insurance companies doing business in this State, fifty dollars, which said tax must be paid before said agents shall be authorized to act as agents for any of their companies. Said tax shall be paid by said companies to the Comptroller-General, and shall be in addition to the license fee required of insurance companies by the act approved October 24, 1887. The receipts of the Comptroller-General for the payment of this tax, together with his certificate, as provided by the act approved October 24, 1887, shall constitute the license for said agents to transact business for their companies as designated by said certificate; provided, this tax shall not be required of agents of assessment life insurance companies, or mutual aid societies; provided further, that railroad ticket agents selling accident insurance tickets shall not be deemed insurance agents in the

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sense of this section; and this section shall not apply to railroad ticket agents selling accident insurance tickets, and that railroad ticket agents who sell accident insurance tickets shall not be required to pay the said tax. Insurance and other agents. Tenth. Upon each emigrant agent, or employer or employee of such agents, doing business in this State, the sum of five hundred dollars for each county in which such business is conducted. Emigrant agents. Eleventh. Upon every traveling vendor using boats for the purpose of selling goods on the rivers or waters within the limits of this State, the sum of fifty dollars in each county where they may sell their wares, and said tax shall be a lien on the boat and its contents without regard to the ownership thereof. Peddlers in boats. Twelfth. Upon every itinerant lightning rod dealer or agent, the sum of fifty dollars for each and every county in which they operate. Lightning rod agents. Thirteenth. Upon all shows and exhibitions (except such as histrionic, musical, operatic and elocutionary), including the side-shows accompanying circus companies, fifty dollars in each and every city or town of five thousand inhabitants; forty dollars in every town or city of four thousand and under five thousand inhabitants; and thirty dollars in towns of less than four thousand inhabitants; said tax so collected shall be for educational purposes. Shows. Fourteenth. Upon every circus company or others giving an exhibition beneath or within a canvas enclosure, advertised in print or by parade in any manner whatsoever as a circus, menagerie, hippodrome, spectacle or show implying a circus, in or near cities or towns of twenty thousand inhabitants or more, five hundred dollars; in or near cities or towns of five thousand inhabitants, and not more than twenty thousand, two hundred dollars; in or near cities or towns of four thousand inhabitants and under five thousand inhabitants, one hundred and fifty dollars; and in or near cities or towns of less than four thousand inhabitants, one hundred dollars each day it may exhibit in the State of Georgia; each circus parade, for advertisement, where circus performance is not given, the sum of five hundred dollars ($500); and upon dog or horse shows, or shows of like character, beneath a tent, canvas or enclosure, charging an admission fee of more than twenty-five cents, thirty dollars; and with an admission fee not exceeding said amount, ten dollars ($10) for each day it may exhibit in the State of Georgia. Said tax to be for educational purposes. Circus and other shows. Fifteenth. Upon all dispensaries operated by county or municipal authorities, to be paid by the authority operating same, and upon

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all dealers in spirituous or malt liquors, intoxicating bitters or brandy fruits or domestic wines, whether dealing in any or all thereof, and upon manufacturers of spirituous or malt liquors, two hundred dollars for each place of business in each county where the same are manufactured or sold; provided, this tax shall not relieve such dealers from any local tax or prohibitory law in reference to the retail of spirituous or intoxicating liquors, nor be required of those who sell by wholesale spirits manufactured of apples, peaches, grapes, blackberries or other fruits grown on their lands, when sold in quantities not less than five gallons; provided, that nothing in this act be so construed as to levy a tax on dealers in domestic wines manufactured from grapes or berries grown on lands owned, leased or rented by said dealer. Said tax shall be for educational purposes. Dealers and manufacturers, liquors, etc Sixteenth. Upon all dealers in pistols, toy pistols shooting cartridges, pistol or rifle cartridges, dirks, bowie knives or metal knucks, twenty-five dollars for each place of business in the county where the same are sold. Dealers in pistols, etc. Seventeenth. Upon every individual or firm, or his or their agents engaged in the business of selling or buying farm products, sugar, coffee, salt and meat, railroad stocks and bonds of all kinds not intended for bona fide sale and delivery, but for future delivery (commonly called futures), whether said business is done through regularly organized stock or cotton exchange or boards of trade, the sum of one thousand dollars per annum, for each place of business, in each county where such business is carried on; provided, that this tax shall not be demanded of any cotton warehouseman, dealer in cotton, or any provision broker who takes orders in the regular course of their trade only for the actual and bona fide delivery of cotton and other produce, so ordered, and when by the terms of the contract it is not left to the option of the party so ordering, or to the party taking such to avoid the delivery or produce of the products by paying the difference in market price of said produce or proceeds at the time of delivery; provided further, that such cotton warehouseman, dealer in actual cotton or any provision broker does not carry on the business of buying futures in connection with his other business. Dealers in futures. Eighteenth. Upon every peddler of stoves or ranges for cooking purposes, the sum of two hundred dollars in every county in which such peddlers may do business; and upon each traveling vender of patent churns and patent fences, the sum of twenty-five dollars in each county in which they offer such articles or patents for sale. Peddlers of stoves, etc. Nineteenth. Upon all agents of packing houses doing business in

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this State, two hundred dollars in each county where said business is carried on. Packing houses. Twentieth. Upon every person or firm, for himself or agent for resident or non-resident owners, who keeps or holds for hire or sale any billiard, pool or other table of like character, one hundred dollars for each county in which such person or firm does business. Dealers in gaming tables. Twenty-first. Upon each peddler of clocks or smoothing irons, one hundred dollars in each county of the State in which such peddler may do business. Peddlers of clocks, etc. Twenty-second. Upon all itinerant doctors, dentists, opticians not selling spectacles, or specialists of any kind doing business in this State, ten dollars for each county in which they may do business; provided, the provisions of this paragraph shall not apply to persons whose fixed place of business is in any county in this State and have paid the tax required by paragraph 2 of section 2. Itinerant specialists Twenty-third. Upon brewing companies, three hundred dollars, and upon all others who are engaged in the sale of beer, whether on consignment or otherwise, who have not paid the tax as liquor dealers imposed by paragraph 15 of this section, for each place of business in each county where they carry on business, two hundred dollars. Brewing companies Twenty-fourth. Upon each pawnbroker, fifty dollars for each place of business. Pawnbrokers. Twenty-fifth. Upon all mercantile and collecting agencies, commercial agencies, and all other agencies of like character, fifty dollars in every county they have established an office. Commercial agencies. Twenty-sixth. Upon all dealers or peddlers in agricultural implements or patented articles, not having a fixed place for carrying on said business, in the county where sold, twenty-five dollars for each county in which they may sell; provided, that this paragraph shall not apply to dealers or their agents who sell and deliver at their fixed places of business. Dealers in Implem'ts. Twenty-seventh. Upon each detective agency, company or corporation doing business in this State, the sum of fifty dollars for each place where such agency, company or corporation has an office. Detectives Twenty-eighth. Upon dealers who sell or give away cigarettes, or cigarette paper to customers, whether principal stock in trade or not, ten dollars for each place of business. Dealers in cigarettes. Twenty-ninth. Upon the proprietor or owner of every park, or place where baseball, football or any similar game is played or bicycle races or contests are held, and where admission fees are charged, fifty dollars for each such place; provided, in places of less than ten thousand inhabitants, twenty-five dollars shall be paid. Play grounds.

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Thirtieth. Upon each railroad ticket broker, otherwise known as scalper, or other railroad ticket agent, except agents actually employed by some railroad company, the sum of fifty dollars for each place of business. Railroad ticket brokers. Thirty-first. Upon each person, firm or corporation engaged in the business of making abstracts in cities or towns of twenty thousand inhabitants or over, twenty-five dollars; in cities or towns of ten thousand inhabitants and less than twenty thousand, ten dollars; and cities and towns of less than ten thousand inhabitants, five dollars; provided, this tax shall not be required of attorneys at law who have paid the tax required of them by paragraph 2 hereof. Abstract companies Thirty-second. Upon each company of fortune-tellers, usually known as gypsies, twenty-five dollars in each county where they carry on business. Gypsies. Thirty-third. In all cases in this section where population controls the price or amount of tax, the last census report of the Federal government shall govern. SEC. 3. Be it further enacted by the authority aforesaid, That the taxes provided forin paragraphs 1 and 2 of section 2 of this Act shall be returned to the tax-receiver in the county of residence of the person liable to such tax, and shall by the receiver of tax returns be entered upon his digest of taxable property, and that the taxes provided for in paragraphs 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 and 32 of section 2 of this Act shall be returned and paid to the tax-collectors of the counties where such vocations are carried on. Tax returns. SEC. 4. Be it further enacted by the authority aforesaid, That the taxes provided for in paragraphs 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 and 32 of section 2 of this Act shall be paid in full for the fiscal years for which they are levied to the tax-collectors of the counties where such vocations are carried on at the time of commencing to do business specified in said paragraphs. Before any person taxed by paragraphs 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 and 32 of section 2 of this Act shall be authorized to carry on said business they shall go before the ordinary of the county in which they propose to do business and pay their taxes to the taxcollector; and it shall be the duty of said ordinary to immediately notify the Comptroller-General and the tax-collector. Any person failing to register with the ordinary, or having registered, failing to pay the tax as herein required, shall be liable to indictment for misdemeanor,

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and on conviction, shall be fined not less than double the tax or be imprisoned as prescribed by section 1039 of volume III. of the Code of 1895, or both, in the discretion of the court. One half of said fine shall be applied to the payment of the tax, and the other to the fund of fines and forfeitures for use of officers of court. Specific taxes, when paid. SEC. 5. Be it further enacted by the authority aforesaid, That all foreign and home insurance companies, or insurance brokers placing insurance upon property in this State, doing business in this State, shall pay one per centum on all premiums in money or otherwise received by them; provided, this shall not include return premiums on cancelled policies; provided further, that this shall not apply to mutual co-operative or assessment fire companies organized for mutual protection against losses by fire, and receiving no premiums other than the assessments of its own members; and in addition to the tax imposed by this Act upon the gross receipts of such insurance companies, all such companies doing brokerage business in this State, such as discounting notes, bills, drafts, or exchange, lending money or in any manner doing a business pertaining to bankers or brokerage business, shall be taxed upon the capital so employed in the same manner and at the same rate as other money capital in the hands of private individuals is taxed; provided, however, that all loans by such companies secured by real estate, mortgages, and by stocks and bonds, in which companies are required to make investments, shall not be considered as a brokerage or banking business, or a business pertaining thereto; and provided further, that the tax required by this section shall be in lieu of all other taxes, whether State, county or municipal, against such companies, except a per centum tax on their premiums and a business license by the town or city in which such company does business; and provided further, that nothing herein shall be construed to exempt the real estate of such companies from taxation, but the same shall be returned for taxation and taxed as other real estate in this State is taxed. Insurance companies SEC. 6. Be it further enacted by the authority aforesaid, That the president, general manager or secretary of all building and loan associations, or other associations of alike character, shall be required to return to the tax-receiver of the county where such associations are located all real and personal property, of every kind and character belonging to such associations, except that real property located in another county shall be returned to the tax-receiver of that county. Building and loan associations. SEC. 7. Be it further enacted by the authority aforesaid, That all foreign and home fidelity guarantee companies, or other companies

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furnishing bonds, or similar associations doing business in this State, shall pay one per centum on all premiums in money or otherwise received by them, and the agent, general or special or local, as the case may be, of said companies, shall make returns to the Comptroller-General on the same terms and in the same manner as insurance companies. Fidelity guarantee companies. SEC. 8. Be it further enacted by the authority aforesaid, That the presidents, superintendents, or agents of all manufacturing and other companies, whether incorporated or not, other than railroad, telegraph, telephone, express, sleeping and palace-car companies, and all persons owning and operating manufacturing and other plants, shall return for taxation at its true market value all of their real estate, machinery, and all other property made by or used in connection with or for the purpose of operating said manufacturing or other plants, to the tax-receiver of the county wherein the same may be located; or if the real estate or plant of any of said companies or persons lies on or across a county line or county lines, to the tax-receiver of the county wherein the greater part in value of said real estate and machinery is located; and the money, notes and accounts, and other like property of each of said companies or persons shall be returned to the tax-receiver of the county wherein the principal office is located, or if the real estate or plant of any of said companies or persons lies on or across a county line or county lines, to the tax-receiver of the county wherein the greater part, in value, of said real estate and machinery is located; provided, that the agent in this State of any person, firm or corporation, resident without this State, who shall have on hand for sale, storage or otherwise, as such agent, merchandise or other property, including money, notes, accounts, bonds, stock, etc., shall return the same for taxation to the tax-receiver of the county where the same may be taxed for State and county purposes as other property in this State is taxed. The word merchandise shall be held to include guano and commercial fertilizers. Save and except that all canal and slack-water navigation companies shall make through their respective executive officers or stockholders in possession of the same returns to the tax-receiver of each county in which the same is located, or through which the same shall pass, in whole or in part, of the right of way, locks and dams, toll-houses, structures and all other real estate owned by or used by the company or stockholders thereof; provided, this Act shall not make subject to taxation any property of canal or navigation companies which is not subject to taxation by the

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laws of this State now existing. The president of every manufacturing company in this State, and the agent, general manager or person in possesion or charge of the business or property in this State, or any non-resident person, firm or corporation, shall be required to answer under oath, in addition to those provided by law, the following questions: Manufacturing companies, etc. Canal and navigation companies. Manufacturing companies, questions for. FirstWhat is the nominal value or cost of the real estate of the company you represent, including the buildings thereon? SecondWhat is the fair market value thereof? ThirdWhat is the nominal value of the cost of your machinery of every kind? FourthWhat is the fair market value thereof? FifthWhat is the value of the real estate not used in the conduct of the business of your company? SixthWhat is the value of raw material on hand on the day fixed for the return of property for taxation? SeventhWhat is the value of manufactured goods or articles on hand on the day fixed for the return of property for taxation, whether at your principal office or in the hands of agents, commission merchants or others? EighthHow much money did your company have on hand on the day fixed for the return of property for taxation, whether within or without the State? How much deposited in bank? NinthState separately the gross nominal value of the notes, accounts, bonds and other obligations for money or property of every kind on hand on the day fixed for the return of property for taxation. State separately the fair market value of each of classes of property. TenthWhat other property of every kind did your company own on the day fixed for the return of property for taxation, and what is the fair market value thereof? And such company shall be taxed upon its entire property so ascertained. And the Comptroller-General is authorized to frame and have propounded any other question which, in his judgment, would procure a fuller return. SEC. 9. Be it further enacted by the authority aforesaid, That all express, including railroad companies doing an express, telegraph or telephone business, and all telephone or telegraph companies, or person or persons doing an express, telegraph or telephone business, through their president, general manager or agent having control of the company's affairs in the State, shall be required to make returns of all property of said company located in this State to the Comptroller-General, and the

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law now of force providing for the taxation of railroads in this State shall be applicable to the assessment and collection of taxes from said telegraph and telephone, express and railroad companies doing an express, telephone or telegraph business as above stated; and if the revenue derived from the ad valorem tax raised under the provisions of this section does not amount to two and a half per cent. of the gross receipts of said companies, as shown by the reports of said companies to the Comptroller-General now required by law, the said Comptroller-General is hereby required to collect as an occupation tax from said companies such a per centum upon said gross receipts as will, when added to the ad valorem tax, State and county, equal two and a half per centum upon said gross receipts. Said companies doing such business shall make a quarterly return on both as follows: On the last day of March, June, September and December, in each year, to the Comptroller-General, showing a full account of their gross receipt during the quarter ending on such date; and said taxes herein levied on said gross receipts as shown by said quarterly returns shall be paid by the respective persons or companies to the Comptroller-General at the same time of making such returns; the gross receipts herein named shall be construed to mean the full amount of all money received from all business done within this State. If any person, superintendent, agent or president, as the case may be, whose duty it is to make returns under this section, shall fail to do so within thirty days after the time herein required, such person, superintendent, agent or president shall be liable to indictment and, upon conviction, shall be punished as prescribed in section 1039 of volume III. of the Code of 1895. Express, railroad, telegraph and telephone companies. Returns. Penalty. SecondThat each non-resident, person or company, whose sleeping-cars are run in this State shall be taxed as follows: Ascertain the whole number of miles of railroads over which such sleeping-cars are run, and ascertain the entire value of all sleeping-cars of such person or company, then tax such sleeping-cars at the regular tax rate imposed upon the property of this State in the same proportion to the entire value of such sleeping-cars that the length of the lines in this State over which such cars run bears to the length of the lines of all railroads over which such sleeping-cars are run. Sleeping car companies. The returns shall be made to the Comptroller-General by the president, manager, general agent or person in control of such cars in this State. The Comptroller-General shall frame such questions as will elicit the information sought, and answers

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thereto shall be made under oath. If the officers above referred to in control of such sleeping-cars shall fail or refuse to answer, under oath, the questions so propounded, then the Comptroller-General shall obtain the information from such sources as he may, and he shall issue a double tax on such sleeping-cars. If the taxes herein provided for are not paid, the Comptroller-General shall issue executions against the owners of such cars, which may be levied by the sheriff of any county in this State upon the sleeping-car or cars of the owner who has failed to pay the taxes. Returns. Penalty. SEC. 10. Be it further enacted by the authority aforesaid, That every sewing machine company selling or dealing in sewing machines, by itself or its agents, in this State, and all wholesale and retail dealers in sewing machines, selling machines manufactured by companies that have not paid the tax required herein, shall pay two hundred dollars for the fiscal year, or fractional part thereof, to be paid to the Comptroller-General at the time of commencement of business, and said companies or dealers shall furnish the Comptroller-General a list of agents authorized to sell machines of their manufacture, or under their control, and shall pay to the said Comptroller-General the sum of ten dollars for each of said agents for the fiscal year, or the fractional part thereof, for each county in which said agent may do business for said company. Upon the payment of said additional sum the Comptroller-General shall issue to each of said agents a certificate of authority to transact business in this State, and such companies, dealers and agents having paid the taxes required herein, shall be exempted from any county and municipal tax for selling said sewing machines. Before doing business under this Act all sewing machine agents shall be required to register their names with the ordinaries of those counties in which they intend to operate, and exhibit to said ordinaries their license from the Comptroller-General and to keep such license posted on their vehicles or at their places of business. Wholesale or retail dealers in sewing machines shall be required to pay the tax provided herein for each manufacture of sewing machine sold by them, except the manufacture of such companies as have paid the tax required by this Act. All unsold sewing machines belonging to sewing machine companies, dealers, or their agents, in possession of said companies, dealers, their agents or others, shall be liable to seizure and sale for payment of such fees, license and tax. Any person who shall violate the provisions of this section shall be liable to

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indictment for a misdemeanor, and on conviction shall be punished as prescribed in section 1039, Volume III. of the Code of 1895. None of the provisions of this section shall apply to licensed auctioneers selling second-hand sewing machines, or to officers of the law under legal process, or to merchants buying and selling machines on which a license tax has been paid, as herein provided, and who keep the said machines and sell and deliver them at their places of business, such sales not being on commission. Sewing machine companies and agents SEC. 11. Be it further enacted by the authority aforesaid, That every bicycle dealer selling or dealing in bicycles, either at wholesale or retail, for themselves or upon commission, shall pay ten dollars for the fiscal year and part thereof, to be paid to the tax-collector of the county at the time of the commencement of business. Dealers selling bicycles at more than one place shall pay said license for each place of business where the bicycles are sold by them. Before doing business under this Act all bicycle dealers shall be required to register their names and place of business with the ordinaries of those counties in which they intend to operate. All unsold bicycles belonging to dealers shall be liable to seizure and sale for payment of such fees, license and tax. Any person who shall violate the provisions of this section shall be liable to indictment for a misdemeanor, and on conviction shall be punished as prescribed in section 1039, volume III. of the Code of 1895. None of the provisions of this section shall apply to licensed auctioneers selling second-hand bicycles, or to officers of the law under legal process. Dealers in bicycles. SEC. 12. Be it further enacted by the authority aforesaid, That no tax shall be assessed upon the capital of banks or of banking associations organized under the authority of the State or of the United States and located within this State; but the shares of the stockholders of such bank or banking associations, whether resident or non-resident owners, shall be taxed in the county where such bank or banking associations are located, and not elsewhere, at their true and full market value at the same rate provided in this Act for taxation of moneyed capital in the hands of private individuals; provided, that nothing in this section contained shall be construed to relieve such bank or banking associations from the tax on real estate held or owned by them; provided further, that nothing herein contained shall be construed to levy any tax on real or personal property held or owned by any bank or banking association

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the value of which is represented in the market value of its shares of stock, that each bank or banking association shall pay tax on the surplus and undivided profits when the same are not included in the market value of its shares; provided further, that all property used in conducting or operating a branch bank shall be returned for taxation in the county where such branch bank may be located. Banks. SEC. 13. Be it further enacted by the authority aforesaid, That the presidents of all railroad companies doing business in this State shall make returns to the Comptroller-General in the manner provided by law for the taxation of the property, of the gross receipts or net income of such railroads, and shall pay the Comptroller General the tax to which such property or gross receipts or net income may be subject according to the provisions of this Act and the laws now in force relating to the tax on railroads, and on failure to make returns or refusal to pay tax, said companies shall be liable to all the penalties now provided by law, and the Comptroller-General is hereby required, upon failure of such companies to make returns, or if made and not satisfactory to said officer, to proceed against such companies as provided in section 812 of the Code of 1895, volume I. Railroads. SEC. 14. Be it further enacted by the authority aforesaid, That the president and principal agents of all the corporated companies herein mentioned, except such as are required to make returns to tax-receivers of the counties, shall make returns to the Comptroller-General under the rules and regulations provided by law for such returns, and subject to the same penalties and the modes of procedure for the enforcement of taxes from companies or persons required by law to make returns to the Comptroller-General. Returns of corporations. SEC. 15. Be it further enacted by the authority aforesaid, That any person or company resident of this State, who is the owner of a vessel or boat or water craft of any description, shall answer under oath the number of vessels, boats and other water crafts owned by them, and the value of each, and make returns of the same to the tax-receiver of the county of the residence of such person or company, and the same shall be taxed as other property is taxed. Water crafts. SEC. 16. Be it further enacted by the authority aforesaid, That in returning property for taxes, all property shall be returned at its value; promissory notes, accounts, judgments, mortgages, liens of all kinds, and all choses in action shall be

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given in at their value, whether solvent or partially solvent. Every person shall return for taxes all jewelry and other property of every kind owned by his wife and minor children, unless the members of his or her family return their property for taxation. In addition to the questions now propounded to the taxpayers by the tax-receivers, questions shall be framed by the Comptroller-General to reach all property upon which a tax is imposed by this act. Returns. SEC. 17. Be it further enacted by the authority aforesaid, That the oath to be administered to all persons making returns of taxable property for themselves or as the agent of another shall be the oath required under section 834, volume L. of the Code of 1895, to be attached to the printed lists presented to each taxpayer; provided, that non residents, females and sick persons may take and subscribe the oath herein required before any person authorized by law to administer oaths, and cause same to be delivered to the tax-receiver, who shall receive the same. Oath. SEC. 18. Be it further enacted by the authority aforesaid, That the Comptroller-General is authorized and empowered to order the tax-receivers of this State to commence receiving the returns of the taxable property immediately after the first day of April of each of said years of 1901 and 1902, and that the Comptroller-General is empowered and required to cause the taxes to be collected and to be paid into the State Treasury by the twentieth of April of each years of 1902 and 1903. Taxes, when paid. SEC. 19. Be it further enacted by the authority aforesaid, That blind persons, Confederate soldiers and all other persons having lost a limb or limbs, or deformed by nature so as to render them unfit for manual labor, relieved by the proviso in paragraph 1, section 2, from the payment of the taxes designated in that paragraph, shall be relieved also from the payment of the taxes designated in paragraphs six, seven, eight and eleven of section 2, and also from payment of any county or municipal license tax, if carrying on and dependent upon the kinds of business designated therein; provided, that before any person shall be entitled to the benefit of any of the exemptions provided for in this section, he shall go before the ordinary of the county in which he proposes to carry on business and make and file an affidavit setting forth the facts that he is entitled to such exemptions, and that he is the proprietor of the business he proposes to conduct, and is conducting the same for himself and not for others. Exemptions.

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SEC. 20. Be it further enacted by the authority aforesaid, That immediately after the first day of March of each of the years 1901 and 1902 the Governor, Comptroller-General and State Treasurer shall fix a day between January 1st and April 1st of each of the years 1901 and 1902 as the day for making a return of taxes, instead of April the first, which day shall not be fixed until March the first of each of the years 1901 and 1902, as provided by Act approved December 20, 1893. Returns, when made. SEC. 21. Be it further enacted, That it shall be the duty of the Comptroller-General, when he causes to be printed the lists which are to be presented to the taxpayer, as is required under existing laws, to incorporate therein the questions provided for in sections 8 and 16 of this Act, and to so arrange them as to require a separate answer to each question. And the Comptroller-General is authorized and required to include any other questions in said lists which, in his judgment, will cause a fuller return of property subject to taxation under the laws of this State, and shall omit from said list such questions as are more explicitly covered and set forth in this Act, or under existing laws. Lists. SEC. 22. Be it further enacted, That it shall be the duty of the receiver of tax returns of the several counties of this State, before receiving the returns of any taxpayer, to actually administer the oath required by law of taxpayers, the oath being read by the taxpayer in the presence of, and in the hearing of, the receiver, or by the receiver in the hearing and presence of the taxpayer; and for failure of such receiver to so administer such oath, except in those cases where by law said oath may be made before some other person, such receiver will be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 1039 of volume III. of the Code of 1895. Oath of taxpayer, how administered SEC. 23. Be it further enacted, That the intent and purpose of the tax laws of this State is to have all property and subjects of taxation fairly assessed at the value which would be realized therefrom by cash sale, in such manner as such property and subjects are usually sold, but not by forced sale thereof, and the words fair market value, when used in the tax laws, shall be held and deemed to mean what the property and subjects would bring at cash sale when in such manner as such property and subjects are usually sold. SEC. 24. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved December 21, 1900.

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PUBLIC DEBT. No. 157. An Act to pay off and retire bonds of the State as they mature (in accordance with article 7, section 14, paragraph 1 of the Constitution of 1877) by levy and collection of a tax, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Governor is hereby authorized, with the assistance of the Comptroller-General, at the time of the assessment of the levy of taxes for the years one thousand nine hundred and one and one thousand nine hundred and two, to assess and levy a per centum on the taxable property of this State sufficient to raise one hundred thousand dollars net for each of the years one thousand nine hundred and one and one thousand nine hundred and two, in addition to the amount to be levied to pay the public expenses and the interest on the public debt, which shall be a sinking-fund to pay off and retire an equal amount of the valid bonds of this State as they mature, as hereinafter provided, which shall be applied to no other purpose whatever; provided, that this tax shall not be estimated by any county authorities in assessing for county purposes the taxes thereof. Tax for sinking fund. SEC. 2. Be it further enacted by the authority aforesaid, That the tax authorized herein shall be specially levied and collected and separate accounts of the same shall be kept by the Treasurer, and the money arising therefrom shall be applied to paying off and retiring the valid bonds of the State, as hereinafter provided. Special. SEC. 3. Be it further enacted by the authority aforesaid, That the said amounts so raised in the year one thousand nine hundred and one shall be applied to the payment of the same amount of the valid bonds of this State, maturing January 1, 1903; that the said amount so raised in the year one thousand nine hundred and two shall be applied to the payment of the same amount of the valid bonds of the State, maturing January 1, 1904. How applied. SEC. 4. Be it further enacted by the authority aforesaid, That all bonds retired under the provisions of this act shall be cancelled and stamped with the words Sinking Funds by the Treasurer, and filed in his office. Bonds cancelled.

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SEC. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 19, 1900. TAX ON DOGS REPEALED. No. 82. An Act to repeal an Act entitled 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 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the Act entitled 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, approved December 7, 1899, be, and the same is, hereby repealed. Tax on dogs repealed. SEC. 2. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1900.

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TITLE III. CODE, AMENDMENTS OF. ACTS. Volume 1, section 102, Superintendents of Elections for Justices of the [Illegible Text]. Volume 1, section 115, Primary Elections, Disposition of Papers. Volume 1, section 223, Officers, Eligibility and Qualification. Volume 1, section 862, Insolvent Lists of Tax-Collectors. Volume 1, section 982, State Depositories, Madison added. Volume 1, section 982, State Depositories, Tennille added. Volume 1, section 1419, Treasurer of Georgia Sanitarium, Bond of. Volume 1, section 1775, Impounded Animals, Disposition of. Volume 2, section 1866, Corporations, Bonds of, Cancellation of Volume 2, section 2061, Assessment Insurance Companies, Deposits Required. Volume 2, section 3317, Executors, when More than One. Volume 2, section 3621, Deeds, Attestation of out of this State. Volume 2, section 3667, Attorneys' Fees in Notes, etc. Volume 2, section 4193, Jurisdiction of County Courts. Volume 2, section 4465, Appeals in forma pauperis; Volume 2, section 4786, Partition, Proceedings for. Volume 2, section 5269, Witnesses, Competency of. Volume 2, section 5510, Clerk Supreme Court, Authority of. Volume 3, section 752, Indictment, how Sent to County Court. SUPERINTENDENTS OF ELECTIONS OF JUSTICES OF THE PEACE. No. 13. An Act to amend section 102 of volume 1 of the Code of 1895, which prescribes who shall superintend elections for justice of the peace, authorizing the ordinaries of the counties to appoint the freeholders to superintend the elections, 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 above named section of the Code be, and the same is, hereby amended by inserting after the word district and before the word who in the second line thereof the following words, to wit: Who shall be appointed by the ordinary of the county upon request in writing of any candidate, and upon the failure of one or more of the freeholders

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appointed by the ordinary to act, the place or places shall be filled by any other freeholder or freeholders of the district; so as when amended will read as follows: Such elections shall be superintended by three freeholders of the district, who shall be appointed by the ordinary of the county, and upon the failure of one or more of the freeholders appointed by the ordinary to act, the place or places shall be filled by any other freeholder or freeholders of the district, who shall take the oath required in section 67. Superintendents of elections for justices of the peace. SEC. 2. Be it further enacted by authority aforesaid, That all laws in conflict herewith be, and the same are, hereby repealed. Approved November 28, 1900. PRIMARY ELECTIONS, DISPOSITION OF PAPERS. No. 117. An Act to amend section 115, volume 1 of the Code of Georgia, 1895, and to provide for the disposition of all papers connected with primary elections in this State, and to provide a penalty for the violation of same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this act, section 115 of volume 1 of the Code of Georgia of 1895 be, and is, hereby amended by striking therefrom all of said section after the words foregoing section in the fifth line thereof, and substituting therefor the words and the returns of the managers with the tally sheets or poll lists and ballots, together with all papers connected with said election, shall be filed in the office of the clerk of the Superior Courtfor the county in which said election is held, within four days after the final declaration of the result thereof, and the said clerk shall keep said election papers unopened, and shall not examine the same or permit others to do so for the space of sixty days, after which time, if no contest is begun about said election, said election papers shall be destroyed without examination of same as aforesaid. And if the clerk shall violate or permit others to violate the provisions of this act, he and the persons violating shall be subject to be indicted and punished as for a misdemeanor; so that said section when amended shall read as follows: Primary elections.

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Every such primary election shall be held at the time and place, and under the regulations prescribed by the rules of the party, organization or association holding the same, and the return shall be made and the result declared as prescribed in the foregoing section; and the returns of the managers with the tally sheets or poll lists and ballots, together with all papers connected with said election, shall be filed in the office of the clerk of the Superior Court of the county in which said election is held, within four days after the final declaration of the result thereof, and the said clerk shall keep said election papers unopened, and shall not examine the same or permit others to do so, for the space of sixty days, after which time, if no contest is begun about said election, said election papers shall be destroyed without examination of same as aforesaid. And if the clerk shall violate or permit others to violate the provisions of this act, he and the persons violating shall be subject to be indicted and punished as for a misdemeanor. Disposition of papers. SEC. 2. Be it further enacted, That when a contest is filed on the ground of illegal votes, any of which it is claimed on affidavit can probably be proven by resort to the ballots, specifying what ballots, it is the duty of the clerk of the Superior Court to deliver the same, together with all papers connected with said primary election, to the person or persons who presides at the taking of the testimony in such contested election upon demand, who shall examine said suspected ballots and none other, and any clerk of the Superior Court, who by law is entrusted with the ballots of any primary election, shall fail or refuse to deliver up such ballots when the same are demanded of him in accordance with this act, shall be punished as for a misdemeanor, and if the person or persons to whom said ballots are entrusted shall violate the provisions of this section, shall likewise be guilty of a misdemeanor. Contests. 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 18, 1900.

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OFFICERS, ELIGIBILITY AND QUALIFICATION OF. No. 132. An Act to amend paragraph 7 of section 223 of volume 1 of Code of 1895, by adding after the word elected in the third line the words or appointed, and after the word voter in the fourth line the words entitled to vote. 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 7 of section 223 of volume 1 of the Code of 1895 be amended by adding after the word elected in the third line the words or appointed, and after the word voter in the fourth line the words entitled to vote; so that said section when so amended will read as follows: 7. Must be a citizen of county. No person shall be eligible to hold any county office in any county of this State unless he has been a bona fide citizen of the county in which he shall be elected or appointed at least two years prior to his election or appointment, and is a qualified voter entitled to vote. County officers, eligibility and qualifications. SEC. 2. Be it further enacted, That this Act shall not have the effect to remove any person now holding office before the expiration of his term of office. 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 18, 1900. INSOLVENT LISTS OF TAX-COLLECTORS. No. 114. An Act to amend section 862 of volume 1, of the Code relating to insolvent lists of tax-collectors. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That section 862 of volume 1 of the Code of 1895 be amended by adding at the end of said section the following: And furnish the Comptroller-General an alphabetical list of the names of insolvent taxpayers, the militia district in which each resides, and the amoung of each fi. fa., so that said section when amended will read as follows: The proper tribunal in making out such

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list shall be required to state how much is allowed the collector, an account of the State tax, and how much is allowed on the county tax; and furnish the Comptroller-General an alphabetical list of the names of insolvent taxpayers, the militia district in which each resides, and the amount of each fi. fa. Insolvent list of tax-Collectors. 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 18, 1900. STATE DEPOSITORIES, MADISON ADDED. No. 163. An Act to amend section 982 of volume 1 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 Madison, in Morgan county, Georgia, to the list of such cities. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That section 982 of volume 1 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 amendatory thereof, be, and the same are, hereby amended, so as to add the city of Madison, in Morgan county, Georgia, to the list of such cities. Madison, a State depository. 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 13, 1900. STATE DEPOSITORIES, TENNILLE ADDED. No. 137. An Act to amend section 982 of volume 1 of the Code of Georgia of 1895, which provides for the selection by the Governor of banks in certain cities therein named as State depositories, and the various Acts amendatory thereof, so as to add the city of Tennille in the county of Washington to the list of such cities, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from

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and after the passage of this Act section 982 of volume 1 of the Code of Georgia of 1895, and the various Acts amendatory thereof, which reads as follows: Sec. 982State depositories provided for in various cities. The Governor shall name and appoint a solvent chartered bank of good standing and credit in each of the following cities, to wit: Atlanta, Athens, Augusta, Columbus, Macon, Savannah, Rome, Americus, Albany, Hawkinsville, Gainesville, Griffin, LaGrange, Thomasville, Newnan, Cartersville, Dalton, Valdosta, Milledgeville, Darien, Dawson, Cordele, Marietta, Richland, Millen, Warrenton, Carrollton, Elberton, Monticello, Ft. Gaines, Cedartown, Jackson, Harmony Grove, Thomaston, Covington, Blackshear, Waycross, Brunswick, Forsyth, Jefferson, Washington, Quitman, Greenville and Dublin, which shall be known and designated as State depositoriesbe amended so as to add to the list of such cities the city of Tennille in the county of Washington, so that said section when amended shall read as follows: State depositories. SEC. 982. State depositories provided for in certain cities. The Governor shall name and appoint a solvent chartered bank of good standing and credit in each of the following cities, to-wit: Atlanta, Athens, Augusta, Columbus, Macon, Savannah, Rome, Americus, Albany, Hawkinsville, Gainesville, Griffin, LaGrange, Thomaston, Newnan, Cartersville, Dalton, Valdosta, Milledgeville, Darien, Dawson, Cordele, Marietta, Richland, Millen, Warrenton, Carroliton, Elberton, Monticello, Ft. Gaines, Cedartown, Jackson, Harmony Grove, Thomaston, Covington, Blackshear, Waycross, Brunswick, Forsyth, Jefferson, Washington, Quitman, Greenville, Dublin and Tennille. Tennille. 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 18, 1900. TREASURER OF GEORGIA SANITARIUM, BOND OF. No. 87. An Act to amend section 1419 of the Code of 1895, volume 1, by striking out of the last line of said section the words twenty thousand, and insert in lieu thereof the words forty thousand. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the

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same, That from and after the passage of this Act section 1419 of the Code of 1895, volume 1, be amended by striking out of the last line of said section the words twenty thousand and insert in lieu thereof the words forty thousand; so that said section when amended shall read as follows: The treasurer must give bond and security in the sum of forty thousand dollars. Treasurer of State Sanitarium, bond of. SEC. 2. 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 15, 1900. IMPOUNDED ANIMALS, DISPOSITION OF. No. 85. An Act to amend section 1775 of the Civil Code of Georgia of 1895, so as to authorize the owners of such animals, in case of any litigation as contemplated by this section, to redeem or replevy the same by giving to the complaining party a bond with good and sufficient security, conditioned to pay all damages and costs which may be finally recovered against him in such suit, 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 section 1775 of the Civil Code of the State of Georgia of 1895 be amended by adding thereto the following proviso: and provided further, that in case of any litigation as contemplated by this section, it shall be lawful for the owner of such animals to redeem or replevy the same by giving to the complaining party a bond with good and sufficient security, conditioned to pay all damages and costs which may be finally recovered against him in such suit; so that section, when amended, shall read as follows: SECTION 1775. Impounded animals, how disposed of, and damages how assessed. In case any of the said animals shall be impounded under the provisions of the preceding section, it shall be the duty of the party so impounding them to give them all necessary care, feed and attention, for which he shall have such compensation as is allowed sheriffs for like care, feed and attention to stock. And it shall also be his duty to give the owner, if known, notice of the fact of such impounding

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in twenty-four hours, and if not known or ascertained within three days from the taking up and impounding, such animals shall be disposed of as provided by law in cases of estrays; except that in case any such animal or animals shall be sold under the provisions of law, the proceeds of such sales, after the payment of legal costs, including advertising, shall be applied first to the payment of the damages sustained by the aggrieved party, including compensation for the care, feed and attention. In case of disagreement between taker-up or party claimed to be damaged, and the owner of such animal or animals, as to the amount of damages sustained on account of the alleged trespass of such animal or animals, or for the expenses for care, feed and attention, the aggrieved party may make complaint to the justice of the peace of the district, and if no justice in such district, then to the most convenient justice in any other district, setting forth the amount claimed. Whereupon, such justice shall issue a summons as in other suits, returnable five days from the date thereof, requiring the owner or claimant of such stock to appear at a time and a place therein named, and which shall be served as other summons, at least three days before the time of hearing, when said justice shall proceed to hear evidence and give judgment against such owner or claimant for such damages as shall appear reasonable and just, including the expenses of care and feeding of such stock, and all legal costs, which shall be enforced by execution, levy and sale, as other judgments of such justice; provided, nevertheless, that a special lien upon the trespassing animal or animals for the payment of such judgment shall attach from the time of committing of such trespass, superior to all liens or previous claims, except public dues, and superior also to all exemptions under the homestead and exemption laws; but the defendant in such case against whom a judgment for damages has been rendered may appeal to a jury, as other appeals are allowed in justices' courts; and provided further, that in case of any litigation, as contemplated by this section, it shall be lawful for the owner of such animals to redeem or replevy the same by giving to the complaining party a bond, with good and sufficient security, conditioned to pay all damages and costs which may be finally recovered against him in such suit, said bond to be approved by the justice of the peace issuing the summons. Approved December 13, 1900.

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CORPORATIONS, BONDS OF, CANCELLATION OF. No. 139. An Act to amend section 1886 of the Civil Code, which relates to record of bonds of corporations by the Secretary of State. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That section 1866 of the Civil Code be amended by adding at the end thereof the following: When such bonds have been paid and cancelled the corporation issuing same may have an entry to that effect made upon the record by the Secretary of State upon exhibiting to that official the bonds properly cancelled upon the face thereof, and paying a fee of one dollar; so that said section when amended shall read as follows: All public and private corporations in this State, who shall issue or indorse any bonds for circulation, shall furnish to the Secretary of State a certified statement showing the letter, date of issue, number of bonds, amount of issue, rate of interest, when and where payable, and the date of the law, if any, authorizing such issue. The Secretary of State shall record the same in a book to be kept by him for that purpose. When such bonds have been paid and canceled the corporation issuing same may have an entry to that effect made upon the record by the Secretary of State, upon exhibiting to that official the bond properly cancelled upon the face thereof, and paying a fee of one dollar. 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 18, 1900. ASSESSMENT INSURANCE COMPANIES, DEPOSITS REQUIRED. No. 173. An Act to amend section 2061 of the Civil Code of 1895, relative to the requirements of assessment insurance companies precedent to doing business in this State, by adding the requirements that a deposit shall be made as security for policy-holders. 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,

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That from and after the passage of this Act, said section 2061 of the Civil Code of 1895, relative to the requirements of assessment insurance companies precedent to doing business in this State, be, and the same is, hereby amended by adding at the end of said section the following words, to wit: provided, that all such corporations or associations, organized under the laws of this or any other State or county, shall deposit with the Treasurer of this State stock, bonds, or other securities approved by the officer, in an amount of insurance which, under the rules and regulations of the company making the deposits, it is authorized to write upon one life; provided, nevertheless such deposits shall not be less than five thousand dollars, and thereafter such corporations shall, at the time of filing its annual statement, deposit in like securities with said Treasurer of the sum of one thousand dollars on each million dollars of insurance in force on the last day of the last calendar year as shown by its annual statement, until the sum so deposited shall be equal to one hundred thousand dollars; provided, however, that industrial associations or assessment life insurance companies, doing business upon the industrial or weekly payment plan and issuing no policy for an amount greater than five hundred dollars, shall be required to deposit a sum equal to one thousand dollars for each million dollars in force; and thereafter such industrial association or assessment life insurance companies doing business upon the industrial or weekly payment plan and issuing no policy for a greater amount than five hundred dollars, shall be required to deposit a sum not less than one thousand dollars on each million dollars of insurance in force on the last day of the last calendar year, as shown by its annual statement, until the sum so deposited shall be equal to one hundred thousand dollars. The securities so deposited shall be held in trust for the benefit and protection of, and as security for, the policy-holders of such corporations or associations, their legal representatives and beneficiaries. That corporations or associations organized under the laws of other States or counties shall not be required to make such deposit; provided, that corporation or association, desiring to do business in this State, shall make it appear to the satisfaction of said Insurance Commissioner that it has on deposit with the proper State official in the State or county of its incorporation a like amount of securities as is required under the terms of this Act, and which are held by said authorities in trust for the benefit and protection of, and as security for, the policy-holders of such corporations or associations, their legal representatives and beneficiaries. Said securities shall so remain on deposit until it has been made to appear to the satisfaction

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of said Insurance Commissioner of this State that all the debts and obligations of said company or association due the citizens of this State have been discharged, or, in case of non-resident companies, that, after making deposit, a similar deposit has been made with the proper State officials in the State or county of its corporation; said securities shall be subject to the debts due policy-holders and beneficiaries under the same rules and regulations as govern the deposits required to be made by fire insurance companies under the laws of this State in so far as the same may be applicable; so that said section, when amended, shall read as follows: It shall not be lawful for any corporation or association, organized under the laws of this or other States of the United States for the purpose of furnishing life indemnity or insurance upon the assessment plan by its agents, to do any business in this State until such corporation or association shall deposit with the Insurance Commissioner of this State a certified copy of its charter or articles of corporation, a copy of its statement of business for the year ending the thirty-first day of the next preceding December, sworn to by the president or secretary, or like officer thereof, setting forth the number and amount of certificates of membership or policies in force, and a detailed account of its expenditures, income, assets and liabilities, and also a certificate sworn to by the president and secretary, or like officer thereof, setting forth that it has paid and has the ability to pay its certificates or policies to the full limit named therein; that its certificates or policies are payable only to beneficiaries having a legal insurable interest in the life of the member or insured; that an ordinary assessment upon its members is sufficient to pay its maximum certificate of membership or policy theretofore or thereafter to be issued to the full amount or limit named therein; a certificate from the Insurance Commissioner or other like officer charged with the duty of executing or enforcing the execution of the insurance laws of its home State, certifying that it is legally entitled to do business in said home State, a copy of the application for membership, or insurance, and of each form thereof, if more than one form is used; a copy of the constitution and by-laws, and of each and every addition thereto, which must show that all indemnities to beneficiaries are in the main provided for by assessments upon all surviving members. And whenever said company shall fail to pay a valid claim to the full limit named in any policy issued by them to any resident of this State, the Insurance Commissioner shall revoke their authority to do business in this State; provided,

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that all such corporations or associations, organized under the laws of this or any other State or county shall deposit with the Treasurer of this State stock or bonds approved by that officer in an amount of insurance which, under the rules and regulations of the company making the deposit, it is authorized to write upon one life; provided, nevertheless, such deposits shall not be less than five thousand dollars; and hereafter such corporation shall at the time of filing its annual statement, deposit in like securities with said Treasurer of the sum of one thousand dollars on each million dollars of insurance in force on the last day of the last calendar year, as shown by its annual statement, until the sum so deposited shall be equal to one hundred thousand dollars; provided, however, that industrial associations or assessment life insurance companies doing business upon the industrial or weekly payment plan, and issuing no policy for an amount greater than five hundred dollars, shall be required to deposit a sum equal to one thousand dollars for each million dollars in force; and thereafter such industrial associations or assessment life insurance companies doing business upon the industrial or weekly payment plan, and issuing no policy for a greater amount than five hundred dollars, shall be required to deposit a sum not less than one thousand dollars on each million dollars of insurance in force on the last day of the last calendar year, as shown by its annual statement, until the sum so deposited shall be equal to one hundred thousand dollars. The security so deposited shall be held in trust for the benefit and protection of, and as security for, the policy-holders of such corporation or association, their legal representatives and beneficiaries. That corporations or associations organized under the laws of other States or counties shall not be required to make such deposit; provided, the corporation or association desiring to do business in this State shall make it appear to the satisfaction of said Insurance Commissioner that it has on deposit with the proper State official in the State or county of its incorporation a like amount of securities as is required under the terms of this Act, and which are held by said authority in trust for the benefit and protection of, and as security for, the policy-holders of such corporations or associations, their legal representatives and beneficiaries. Said securities shall so remain on deposit until it has been made to appear to the satisfaction of said Insurance Commissioner of this State that all the debts and obligations of said company or association due the citizens of this State have been discharged, or, in case of non-resident companies, that, after making deposit, a similar

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deposit has been made with the proper State officials in the State or county of its corporation. Said securities shall be subject to the debts due policy-holders and beneficiaries under the same rules and regulations as govern the deposits required to be made by fire insurance companies under the laws of this State, in so far as the same may be applicable to companies or associations now organized under the assessment life insurance laws of this State, shall not be required to make such deposits for and during the year 1901; but said companies may make such deposit during said year, if they so elect. Assessment insurance companies, deposits required of. Sec. 2061 of Code as amended. Deposits, how held. 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, 1900. EXECUTORS, WHEN MORE THAN ONE. No. 125. An Act to amend section 3317 of the Civil Code, relating to the duties of executors, 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 from and after the passage of this Act, section 3317 of the Civil Code be amended by adding after the word trusts, in the sixth line thereof, the following: or in making contracts binding upon the estate, or in paying out funds belonging to the estate, so that said section, when amended, will read as follows: If several executors are named in the will, one or more qualifying shall be entitled to execute all the trusts confided to all, unless specially prohibited by the will; if more than one qualifies, each is authorized to discharge the usual functions of an executor, but all must join in executing special trusts, or in making contracts binding upon the estate or in paying out funds belonging to the estate. Each executor is responsible for his own acts only, unless by his own act or gross negligence he has enabled or permitted his coexecutor to waste the estate. Executors, when more, than one. 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 18, 1900.

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DEEDS, ATTESTATION OUT OF THIS STATE. No. 112. An Act to alter and amend section 3621 of the Code of 1895, in relation to the attestation of deeds out of this State, by striking out all of said section after the word executed, in the tenth line, and adding in lieu thereof the following words, to wit with his seal of office attached, and if such notary has no seal, then his official character shall be certified by a clerk of any court of record in the county of the residence of such notary. A deed to realty must be attested by two witnesses, one of whom may be one of the officers aforesaid, and for other purposes. SECTION. 1. Be it enacted by the General Assembly of the State of Georgia, That section 3621 of the Code of 1895 be altered and amended, by striking out all of said section after the word executed, in the tenth line, and adding in lieu thereof the following words, to wit: with his seal of office attached, and if such notary has no seal, then his official character shall be certified by a clerk of any court of record in the county of the residence of such notary. A deed to realty must be attested by two witnesses, one of whom may be one of the officials aforesaid, so that said section when altered and amended, shall read as follows: To authorize the record of a deed to realty or personalty, when executed out of this State, the deed must be attested by or acknowledged before a commissioner of deeds for the State of Georgia, or a consul or vice-consul of the United States (the certificate of these officers under their seal being evidence of the fact), or by a judge of a court of record in the State where executed, with a certificate of the clerk under the seal of such court of the genuineness of the signature of such judge, or by a clerk of a court of record under the seal of the court, or by a notary public of the State and county where executed, with his seal of office attached, and if such notary has no seal, then his official character shall be certified by a clerk of any court of record in the county of the residence of such notary. A deed to realty must be attested by two witnesses, one of whom may be one of the officials aforesaid. Deeds made out of this State, how attested. 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 18, 1900.

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ATTORNEY'S FEES IN NOTES, ETC. No. 96. An Act to amend section 3667 of the Code of Georgia of 1895 by striking from the fourth and fifth lines thereof the following words, to wit: unless a plea or pleas be filed by the defendant and not sustained, and inserting in lieu thereof the following words, to wit: unless the debtor shall fail to pay such debt on or before the return day of the court to which suit is brought for the collection of the same; provided, the holder of the obligation sued upon, his agent or attorney notifies the defendant in writing ten days before suit is brought of his intention to bring suit, and also the term of the court to which suit will be brought, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act section 3667 of the Code of Georgia of 1895 be, and the same is, hereby amended by striking from the fourth and fifth lines thereof the following words, to wit: unless a plea or pleas be filed by the defendant and not sustained, and inserting in lieu thereof the following words, to wit: unless the debtor shall fail to pay such debt on or before the return day of the court to which suit is brought for the collection of the same; provided, the holder of the obligation sued upon, his agent or attorney notifies the defendant in writing ten days before suit is brought of his intention to bring suit, and also the term of the court to which suit will be brought, so that said section when so amended shall read as follows, to wit: Obligations to pay attorney's fees upon any note or other evidence of indebtedness, in addition to the rate of interest specified therein, are void, and no court shall enforce such agreement to pay attorney's fees, unless the debtor shall fail to pay such debt on or before the return day of the court to which suit is brought for the collection of the same; provided, the holder of the obligation sued upon, his agent or attorney notifies the defendant in writing ten days before suit is brought of his intention to bring suit, and also the term of the court to which suit will be brought. Attorneys' fees in notes, etc., liability for. SEC. 2. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved December 12, 1900.

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JURISDICTION OF COUNTY COURTS. No. 69. An Act to amend paragraph 4193 of volume 2 of the Code of 1895, so as to enlarge the jurisdiction of county courts, and for other purposes: SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, That from and after the passage of this Act, paragraph 4193 of volume 2 of the Code of 1895 be, and the same is, hereby amended by adding after the word dollars, at the end of said paragraph, the following words, to wit: Provided, however, that as to suits for the recovery of personalty, the said courts shall have jurisdiction over the whole of their respective counties without regard to the value of the article or articles sued for, except that the value of the same shall not exceed five hundred dollars, so that said paragraph, when amended, shall read as follows: Section 4193 (282). Jurisdiction of County Courts. Every County Court in this State shall be a Court of Record, having jurisdiction throughout the county as follows: The jurisdiction of the County Courts shall extend into the county town, district or districts, to all civil cases of contract or tort (save where exclusive jurisdiction is vested in the Superior Court) where the principal sum claimed in cases of contract or damages in cases of tort does not exceed five hundred dollars; and over the remainder of the county, when the principal sum aforesaid does not exceed five hundred dollars, nor is less than fifty dollars; provided, however, that as to suits for the recovery of personalty, the said courts shall have jurisdiction over the whole of their respective counties without regard to the value of the article or articles sued for, except that its value shall not exceed five hundred dollars. County courts, jurisdiction of. In suits for personalty. SEC. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1900.

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APPEALS IN FORMA PAUPERIS. No. 92. An Act to amend an Act entitled an Act to amend section 4465 of the Code of 1895, which provides for affidavit in forma pauperis, by striking from the third and sixth lines thereof, the word and and inserting in lieu thereof the word or, and by inserting between the words security and as in the last line thereof the words, as the case may be, and for other purposes, approved December 21st, 1897, by inserting between the words law and shall in the eleventh line of section 1, said Act, the words or proceeding in the Court of Ordinary, adding the proviso that said Act shall not apply to cases or proceedings now pending in the Court of Ordinary or in the Superior Court on the appeal from the Court of Ordinary, 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 an Act entitled an Act to amend section 4465 of the Code of 1895, which provides for affidavit in forma pauperis, by striking from the third and sixth lines the word and and inserting in lieu thereof, the word or, and by inserting between the words security and as, in the last line thereof the words, as the case may be, and for other purposes, approved December 21st, 1897, be, and the same is, hereby amended by inserting between the words law and shall in the eleventh line of section 1 thereof, the words or proceeding in the Court of Ordinary, and by adding at the end of said section 1 the following: Provided that this Act shall not apply to proceedings now pending in the Court of Ordinary, or in the Superior Court on the appeal from the Court of Ordinary, so that said section, when amended, shall read as follows: Appeals from the court of ordinary, in forma pauperis. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that section 4465 of the Code of 1895 be, and the same is, hereby amended by striking from the third and sixth lines thereof the word and, by inserting in lieu thereof the word or, and by inserting between the words security and as in the last line of said section the words as the case may be, so that said section, when so amended, shall read as follows, to wit: Appeals in forma pauperis: when any party

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plaintiff or defendant, in any suit at law or proceeding in the Court of Ordinary, shall be unable to pay cost and give security as hereinbefore required, if such party will make and file an affidavit in writing that he is advised and believes that he has good cause of appeal, and that owing to his poverty he is unable to pay the cost or give the security required by law in cases of appeal, such party shall be permitted to enter an appeal without the payment of costs or giving security, as the case may be, as hereinbefore required; provided, that this Act shall not apply to proceedings now pending in the Court of Ordinary, or in the Superior Court on the appeal from the Court of Ordinary. 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 15, 1900. PARTITION, PROCEEDINGS FOR. No. 120. An Act to amend section 4786 of the Civil Code relating to partition proceedings by inserting the words At term time, or the Judges thereof at Chambers after the word situated in the 7th line thereof, 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 section 4786 of the Civil Code relating to partition proceedings be, and the same is, hereby amended by inserting the words at term time, or the judges thereof at Chambers after the words situated in the 7th line thereof, so that when amended, said section shall read as follows: Partition, proceedings for. In all cases where two or more persons are common owners of lands and tenements in this State, whether by descent, purchase or otherwise, and no provision is made, by will or otherwise, as to how such lands and tenements are to be divided, any one of such common owners may apply to the Superior Court of the county in which said lands and tenements are situated, at term time, or the Judges thereof at Chambers, for a writ of partition, which application shall be by petition, setting forth plainly and distinctly the facts and circumstances of the case, describing the premises to be partitioned, and defining the share and interest of each of the parties therein.

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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 18, 1900. WITNESSES, COMPETENCY OF. No. 115. An Act to amend exception 1 of section 5269 of volume II. of the Code of 1895 by adding thereto certain words, 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 exception 1 of section 5269 of volume II. of the Code of 1895 be, and the same is, hereby amended by adding to said exception 1 the following words, to wit: Whether such transactions or communications were had by such insane or deceased person with the party testifying or with any other person, so that said exception 1, when so amended, shall read as follows, Where any suit is instituted or defended by a person insane at the time of trial, or by an indorsee, assignee or transferee, or by the personal representative of a deceased person, the opposite party shall not be admitted to testify in his own favor against the insane or deceased person as to transactions or communications with such insane or deceased person, whether such transactions or communications were had by such insane or deceased person with the party testifying or with any other person, provided this Act shall not affect pending litigation. Witnesses, competency of. 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 18, 1900. CLERK SUPREME COURT, AUTHORITY OF. No. 111. An Act to amend section 5510 of the Code of 1895, which defines the duties of the Clerk of the Supreme Court. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That section 5510 of the Code of 1895 be,

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and the same is, hereby amended by striking from said section sub-section 9 thereof, which authorizes the clerk to administer such oaths and take such affidavits as the business of the court or the law may require, and inserting in lieu thereof as sub-sectionn 9 of said section the following: ClerkSupreme Court may administer oaths, etc. 9. To administer oaths and affidavits in all cases, to take acknowledgments, and to attest deeds, mortgages and other written instruments of like character. SEC. 2. Be it further enacted, That all laws in conflict with this Act be, and they are, hereby repealed. Approved December 18, 1900. INDICTMENT, HOW SENT TO COUNTY COURT. No. 64. An Act to amend section 752 of the Penal Code, which relates to the transfer of indictments from the Superior Court to the County Court. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the above recited section of the Penal Code be, and the same is, hereby amended by inserting after the word discretion in the third line thereof the words either in term time or vacation; so that said section, when amended, will read as follows: If an indictment is found by the grand jury, the judge of the Superior Court may, in his discretion, either in term time or vacation, order it to be transferred, with all the papers in the case, to the county judge. After giving ten days' notice to the prosecutor and the accused, the county judge shall proceed to dispose of the case in the manner prescribed for cases in which no indictment has been demanded. Indictments transferred to County Court. 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 amended. Approved December 13, 1900.

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TITLE IV. SUPERIOR COURTS. ACTS. Superior Court, Terms of, in Baker County. Superior Court, Terms of, in DeKalb County. Superior Court, Terms of, in Floyd County. Superior Court, Terms of, in Greene County. Superior Court, Terms of, in Heard County. Superior Court, Terms of, in Whitfield County. Superior Court, Terms of, in Oconee Circuit. SUPERIOR COURT, TERMS OF, IN BAKER COUNTY. No. 73. An Act to change the time of holding the spring and fall sessions of the Superior Court of Baker 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 the time for holding the spring and fall terms of the Superior Court of Baker county shall be, and is, hereby changed from Tuesday after the 4th Monday in May and November, to the third Monday in March and September, so that said court shall be held on the third Monday in March and September; provided, this Act shall not go into effect until January first, 1901. Baker superior court, terms of. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1900.

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SUPERIOR COURT, TERMS OF, IN DEKALB COUNTY. No. 57. An Act to change the time of holding the regular terms of DeKalb Superior Court from the second Monday in February and August of each year to the first Monday in May and November of each year, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the regular terms of DeKalb Superior Court, in the Stone Mountain judicial circuit, shall convene on the first Monday in May and November of each and every year, instead of the second Monday in February and August, as heretofore. DeKalb superior court, terms of. SEC. 2. Be it further enacted by the authority aforesaid, That all processes, both mesne and final, returnable to what has heretofore been known as the February and August terms of said court, are hereby made returnable to the May and November terms respectively of said court. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 10, 1900. SUPERIOR COURT, TERMS OF, IN FLOYD COUNTY. No. 25. An Act to amend an Act approved December 20, 1899, fixing the time for holding the Superior Court in the Rome circuit. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That section 1 of the above recited Act be, and the same is, hereby amended by striking from the fourth line of said section, after the words on the, the words fourth Mondays in March and September, and inserting in lieu of the words thus stricken the following words, to wit: second Mondays in January and July; so that said section when thus amended shall read as follows: SEC. 1. That the Superior Courts of the Rome circuit shall be hereafter held as follows: For the county of Walker on

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the 3d Mondays in February and August; for the county of Chattooga, on the 2d Mondays in March and September; for the county of Floyd, on the 2d Mondays in January and July. 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. Floyd superior court, terms of. 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 November 30, 1900. SUPERIOR COURT, TERMS OF, IN GREENE COUNTY. No. 52. An Act to change and fix the time of holding the Superior Court of Greene county, in the Ocmulgee circuit, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the time and holding the superior court of Greene county, in the Ocmulgee circuit, shall be changed from the second Mondays in February and August to the second Mondays in March and September of each year, and that each regular term of said court shall continue for one week, or so much thereof as may be necessary for the transaction of the business. Greene superior court, terms of. SEC. 2. Be it further enacted by the authority aforesaid, That all petitions, processes, rules, writs, bonds, subp[oelig]nas, and all other processes and papers of every kind, which have been or may be made returnable to the terms of said court as now provided by law, shall be held to relate and be returnable to the corresponding terms of said court as changed and fixed by this Act, and that all jurors and witnesses drawn or summoned to attend any term of said court as now fixed by law shall be required to attend the corresponding term as fixed and provided by this Act. 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 6, 1900.

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SUPERIOR COURT, TERMS OF, IN HEARD COUNTY. No. 18. An Act to change and fix the time of holding the Superior Court of Heard county in the Coweta judicial circuit, 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 time of holding the Superior Court of the county of Heard in the Coweta judicial circuit shall be changed from the fourth to the third Mondays in March and September of each year, and said court at each term shall continue in session until all the business of said term shall be disposed of, not conflicting, however, with the terms prescribed for the Superior Courts of other counties of said circuit. Heard superior court, terms of SEC. 2. Be it further enacted by the authority aforesaid, That all petitions, bills, bonds, writs, summons, mesue and final process and other processes of whatever kind now returnable to and pending in the Superior Court of said county as the terms are now provided for, shall hold good and relate to the terms of said court as changed, fixed and provided for by this Act, and that all grant and traverse jurors who may be drawn and summoned, or drawn, to attend the said court, as now provided by law, shall be required to attend at the terms of said court as changed, fixed and provided for by this Act. SEC. 3. Be it further enacted by the authority aforesaid, That all persons subp[oelig]naed as witnesses to appear at the terms as fixed before the passage of this Act shall be required to attend the terms of said court as now fixed by this Act. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 30, 1900.

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SUPERIOR COURT, TERMS OF, IN WHITFIELD COUNTY. No. 101. An Act to change the time of holding the fall term of Whitfield Superior Court, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the fall term of Whitfield Superior Court shall begin on the second Monday in October in each and every year, instead of as now authorized by law, on the first Mondays. Whitfield superior court, fall term of. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1900. SUPERIOR COURTS, TERMS OF, IN OCONEE CIRCUIT. No. 66. An Act to fix the time for holding the Superior Courts in the Oconee circuit, to prescribe the length of the terms thereof, to provide for drawing juries therefor, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the first day of January, 1901, the Superior Courts of the Oconee circuit shall be held as follows: For the county of Twiggs, on the first Mondays in March and September; Twiggs superior court. For the county of Pulaski, on the second Mondays in February and August; Pulaski superior court. For the county of Wilcox, on the fourth Mondays in March and September; Wilcox superior court. For the county of Irwin, on the second Mondays in January and July; Irwin superior court. For the county of Telfair, on the fourth Mondays in January and July; Telfair superior court. For the county of Montgomery, on the fourth Mondays in April and October; Montgomery superior court, For the county of Dodge, on the fourth Mondays in May and November. Dodge superior court.

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Each court, except for the county of Twiggs, to sit for two weeks, or as much thereof as the business of the said several courts may require. SEC. 2. Be it further enacted by the authority aforesaid, That on the first day of the next term of Teltair Superior Court the judge of said court shall draw a traverse jury for the second week of said court, which jury shall be, by the sheriff or his deputy, summoned during said first week; and said judge shall before adjourning said court, or any succeeding term thereof, draw a traverse jury for the second week of the next succeeding term, if in his opinion the business of said court requires a two weeks' term, said jurors to be drawn and summoned as now required by law. Jurors for Telfair superior court. SEC. 3. 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, etc. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 14, 1900.

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TITLE V. MISCELLANEOUS. ACTS. School Books, how Changed. Public Roads, Lands for, how Condemned. Bonds for Title to Land, Record of. School Certificate or License, Counterfeiting. Election Blanks, how Furnished. Registration of Voters. Fraternal Beneficiary Orders Defined, etc. Life Insurance Companies on Assessment Plan. Insurance Companies, Capital Stock of. Insurance Companies, Deposits of, Registration of. Reformatory Prison, Name Changed. Judgments of Justice Courts in Other States, Proof of. Board of Visitors to State University, Special. Commissioners to Buffalo and Charleston Expositions. Deputy Sheriffs, Compensation of. City Marshals, how Ruled. Pheasants, Protection of. Savannah Volunteer Guards. Military Forces, Organization of. Middle Georgia Military College. Confederate Soldiers' Home of Georgia. Department of Horticulture and Pomology. SCHOOL BOOKS, HOW CHANGED. No. 80. An Act to repeal section 4 of an Act approved December 16th, 1897, to authorize county, city and town boards of education of the several counties, cities and towns in their respective counties and towns, under proper rules and regulations, to prescribe and regulate the manner of making changes of books and correct reports of the same to the State School Commissioner, 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 4

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of an Act approved December 16th, 1897, which reads as follows: Be it further enacted, That each county board of education shall be required to report annually on or before the first day of July in each year to the State School Commissioner the amount of the purchase of all common school books made by such county, to show the prices at which said books are purchased, also the number of each book sold and the price at which it was sold, together with stock left on hand at the time of such report, said reports to be made on blanks furnished by the Department of Education, and the same are to be consolidated by the State School Commissioner and made a part of his annual report be, and the same is, hereby repealed. School-books, changes in how reported. 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 13, 1900. PUBLIC ROADS, LANDS FOR, HOW CONDEMNED. No. 129. An Act to alter and amend an Act to authorize the county authorities of this State, in all cases, when it shall become necessary, to condemn land for the purpose of macadamizing public roads, for the use of the public, and for public convenience, and for other purposes, approved Dec. 8th, 1897. 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 above entitled Act, which now reads as follows: An Act to authorize the county authorities of this State, in all cases, when it shall become necessary, to condemn land for the purpose of macadamizing public roads for the use of the public and for public convenience, and for other purposes. Sec. 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, in all cases when it shall become necessary to condemn land in any county of this State for the purpose of macadamizing public roads for the use and convenience of the public, the county authorities shall have power and authority to condemn lands of private persons or corporations so as to increase the width of said roads to fifty feet. Sec. 2. Be it further enacted, That whenever it shall become necessary to condemn lands under the first section of this Act, the manner of procedure shall be under existing laws of the

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State, with the exception that five days' notice to the owner or owners of land sought to be condemned under this Act shall be deemed sufficient; and provided further, that the county shall bear the expense of condemnation inclusive of damages assessed. 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, shall be altered and amended so as to read as follows: An Act to authorize the county authorities of this State, in all cases when it shall become necessary, to condemn land for the purpose of grading, improving, turnpiking, paving, widening or macadamizing public roads for the use of the public and for public convenience, and for other purposes. SEC. 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, in all cases when it shall become necessary to condemn land in any county of this State, for the purpose of grading, improving, turnpiking, paving, widening or macadamizing public roads, for the use and convenience of the public, the county authorities, consisting of the ordinary, or county commissioners, as the case may be, shall have power and authority to condemn the lands of private persons or corporations so as to increase the width of said roads to a width, as in the judgment of such county authorities shall be proper, not to exceed a width of fifty feet at the base of said road. Public roads, condemnation of land for. SEC. 2. Be it further enacted by the authority aforesaid, That whenever it shall become necessary to condemn lands, under the first section of this Act, the manner of procedure shall be as under the existing laws of this State, as set forth in section 4657 of the Civil Code of 1895, and the sections following said section, relating to condemnation of private property, appointment of assessors, hearing before assessors and appeal, final judgment, etc., with the exception that five days' notice to the owner or owners of land sought to be condemned under this Act shall be deemed sufficient; and provided further, that the county shall bear the expense of condemnation. Procedure SEC. 3. Be it further enacted by the authority aforesaid, That the county authorities, at any time after the award of the assessors or the final judgment fixing the damages to be paid by reason of said condemnation, may decline to accept the land so sought to be condemned, but in the event of such declination the county whose authorities are seeking to condemn said land shall pay all costs of said proceedings up to the time of said declination. Costs of proceedings.

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SEC. 4. Be it further enacted by the authority aforesaid, That whenever the authorities of any county shall seek to avail themselves of the provisions of this Act, the notice prescribed by existing laws of this State to be served upon the owner of the property, or upon the owner of any remainder, reversion, mortgage, lease, security-deed or other interest therein, shall be signed by the county commissioners of said county, or a majority of them, and if there be no county commissioners in said county, then by the ordinary thereof, and such notice shall be held and deemed to be the official decision and action of said county in regard to the commencement of said condemnation proceedings. Notice of proceeding. Sec. 5. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 19, 1900. BONDS FOR TITLE TO LAND, RECORD OF. No. 165. An Act to make bonds for title to land admissible to record and to define the effect of such record, to provide for the cancellation of the same, and to repeal existing conflicting laws. SECTION 1. By authority of the General Assembly of Georgia it is enacted, That bonds for title to land or any interest therein shall, when executed with the formality now prescribed for the execution of deeds to land, be admissible to record in the county where the property therein described is located. Bonds for title, record of. SEC. 2. Be it further enacted, That such record shall, from the date of filing, be notice of the interest and equity of the holder of such bond in the property therein described. Notice. SEC. 3. Be it further enacted by authority aforesaid, That when any such bond for title shall have been recorded and subsequently surrendered, or satisfied, such surrender or satisfaction may be entered of record by the clerk of the Superior Court, in the same manner that cancellations of mortgages and deeds to secure debts are now entered of record. Cancellation. SEC. 4. Be it further enacted, That all laws in conflict with this law be, and the same are, hereby repealed. Approved December 19, 1900.

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SCHOOL CERTIFICATE OR LICENSE, COUNTERFEITING. No. 38. An Act to make penal the falsely and fraudulently making, forging, altering or counterfeiting, or causing or procuring to be falsely and fraudulently made, forged, altered or counterfeited, or willingly aiding or assisting in falsely and fraudulently making, forging or counterfeiting any certificate or license issued by any county school commissioner of this State or the executive officer or any local school board to a teacher, 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 whoever, with intent to defraud the State or any county, town or city or any person, shall falsely and fraudulently make, forge, alter or counterfeit, or cause or procure to be falsely and fraudulently made, forged, altered or counterfeited, or willingly aid or assist in falsely and fraudulently making, forging, altering or counterfeiting any certificate or license issued by any county school commissioner of this State or the executive officer of any local school board to a teacher, shall be deemed guilty of a felony, and upon conviction therefor shall be punished as prescribed by section 233 of the Penal Code. School teachers' license, counterfeiting. 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 18, 1900. ELECTION BLANKS, HOW FURNISHED. No. 16. An Act to require the Governor to furnish full and complete sets of election blanks to the several counties. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after this date the Goveronr shall furnish to the proper county authorities of the several counties of this State sufficient blanks, tally-sheets, and blank lists for voters in addition to those that are now furnished. Election blanks, how furnished. SEC. 2. That said tally-sheets shall have printed therein proper heading and certificate, and, as far as practical, the names of the

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several candidates, and the blank list for voters shall have printed therein proper headings and certificates. How printed. SEC. 3. That these blanks shall be furnished for all State, presidential, congressional and county elections. SEC. 4. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November, 30, 1900. REGISTRATION OF VOTERS. No. 118. An Act to provide for and permit the registration of voters in this State for all elections which may occur in the year next succeeding the one in which they may register, and for other purposes. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That from and after the passage of this Act it shall be lawful for any citizen of the State, who is a qualified voter, when he pays his taxes to the tax-collector, to have his name registered in the voters' book by the tax-collector, and that said registration shall entitle such person to vote in all elections that may occur in the year next succeeding after the date of such registration; provided, that such voter shall, at the time he so registers, be entitled to vote under the constitution and laws of this State. Registration of voters. SEC. 2. Be it further enacted, That all persons who shall thus register, and who are qualified voters, shall be entitled to vote in all elections that may occur in the year next succeeding the year in which such registration is had, as fully and completely as those who may register after the first of January of any year in which any election is held, as now provided by law. Good for succeeding year. SEC. 3. Be it further enacted, That all laws or parts of laws in conflict with this Act are hereby repealed. Approved December 18, 1900.

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FRATERNAL BENEFICIARY ORDERS DEFINED, ETC. No. 105. An Act to define and regulate fraternal beneficiary orders, associations or societies in the State of Georgia, to provide penalties, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That a fraternal beneficiary order, association or society is hereby defined to be a corporation, society or voluntary association which has no capital stock, but is formed or organized and carried on for the benefit of its members and their beneficiaries, and having a representative form of government and a lodge system, with ritualistic form of work for the meeting of its lodges, chapters, councils, or other designated subordinate bodies, and the benefits, insurance, charity or relief shall be payable by a grand or supreme body of the same, excepting sick benefits, which may also be paid by local or subcrdinate bodies. Such grand or supreme bodies may be composed of its officers, incorporators, representatives elected by local, district or grand bodies, past officers and standing committees. Such orders or associations may make a constitution, by-laws, rules and regulations consistent with the existing laws of the State, for the government of all under its authority, for the management of its properties and the due and orderly conduct of its affairs. Fraternal beneficiary associations. Such orders or associations may make provision for the payment of benefits in case of death, sickness, temporary or permanent physical disability, either as the result of disease, accident or old age; provided, the period of life at which payment for old ages commences shall not be under seventy years. Any such order or association may also accumulate, maintain, apply or disburse among its membership a reserve, emergency or other funds, as may be provided in its constitution and laws; provided, however, that no profit or gain shall be added to the payments made by a member. Benefits. The funds from which the payment of benefits shall be made, and the funds from which the expenses shall be defrayed, shall be derived from assessments, dues or other payments collected from its members, as may be provided by the constitution or by-laws of such order or association. Payment of death benefits shall be to families, heirs, blood relatives, affianced husband or affianced wife of, or to persons dependent upon the member, as may be designated by the member. Assessments. Payments.

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Such orders or associations shall be governed by this Act, and shall be exempt from the provisions of the insurance laws of this State, and no law hereafter passed shall apply to fraternal beneficiary orders or associations unless it is expressly designated therein. Law of such associations. SEC. 2. Be it further enacted, That any fraternal beneficiary order, association or society of this or any other State, district, province or territory, now having members, or any lodge, chapter, councils or subordinate branch duly established and organized in this State, may continue its operations and business in this State; provided, that it hereafter complies with the provisions of this Act regulating annual reports, and the designation of the Insurance Commissioner as the person upon whom process may be served, as hereinafter provided. Existing associations. Reports. SEC. 3. Any fraternal beneficiary order, association or society coming within the description as set forth in section 1 of this Act, organized under the laws of any other State, province, district or territory, not now having lodges, councils, or other bodies, or members in this State, shall be permitted to do business within this State when it shall have filed with the Insurance Commissioner a certificate from the official in charge of insurance matters in its home State of incorporation that it is authorized to transact business therein as a fraternal beneficiary order or association; also a duly certified copy of its charter and articles of association, and a copy of its constitution and laws, certified to by its secretary or corresponding officer, together with the appointment of the Insurance Commissioner as the person upon whom legal process may be served as hereinafter provided. Associations of other' States. SEC. 4. Every such corporation, society, order or association doing business in this State shall, on or before the first day of March each year, make and file with the Insurance Commissioner a report of its affairs and operations during the year ending the thirty-first day of December immediately preceding, which annual report shall be in lieu of all other reports required by any other law. Such reports shall be made on blanks provided by the Insurance Commissioner, and shall be verified under oath by the duly authorized officers of any such order, and shall be published, or the substance thereof, in the annual report of the Insurance Commissioner under a separate head, entitled Fraternal Beneficiary Societies. Reports. SEC. 5. Each such corporation, society or association now doing, or hereafter admitted to do, business in this State, and not having its principal office within this State, and not being

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organized under the laws of this State, may be served with each and all processes of law, whether mesne or final, in any action or special proceedings against said corporation, society or association as follows: The party in whose favor suit is being brought, through his attorney at law shall notify in writing the Insurance Commissioner of Georgia of his intention to bring such suit or action, and request the said Insurance Commissioner to appoint some resident of the county of the residence of said plaintiff in said case, and it shall be the duty of the Insurance Commissioner immediately to appoint some resident of said county to accept service of process in all cases in the name of the said corporation, society or association; and the said service, when so made, shall be deemed and held and accepted by said corporation, society or association to be legal personal service and binding, the same as if made upon any agent or officer of said society or corporation; provided, that the said party or his attorney shall, twenty days before the appearance term for said suit or action, cause to be sent to the Insurance Commissioner a copy of the petition. When such service has been made upon such attorney for service on any such corporation, society or association, and copy of same has been forwarded to said Commissioner as hereinbefore provided, it shall be the duty of said Insurance Commissioner immediately to notify the said corporation, society or association of such service by letter, enclosing copy of said petition, together with process filed in said case, prepaid and directed to the secretary or its corresponding officer. Service on such associations. The Insurance Commissioner shall keep a record of all such attorneys appointed for such service, together with the record of when any such petitions with process were received by him in any case, and forwarded to any such corporation, society or association. Record of suits against. SEC. 6. The Insurance Commissioner shall, without undue delay, upon the application of any order, society or association having the right to do business in this State, as provided by this Act, issue a permit in writing authorizing it to do business within the State, for which certificate, and all proceedings in connection therewith, such association shall pay to said Insurance Commissioner a fee of ten dollars. This fee shall be paid annually thereafter in advance. License fee. SEC. 7. Any such order, association or society refusing or neglecting to make the report to the Insurance Commissioner, as provided in this Act, shall be excluded from doing business within this State, and the Insurance Commissioner shall at once

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recall and cancel their license. Any officer, agent or person acting for any order, or subordinate body thereof, within this State, while it shall be prohibited from doing business pursuant to this Act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars. Reports, failure to make. Penalty. SEC. 8. Any person who shall act within this State as an officer, agent or otherwise for any such fraternal beneficiary order in soliciting or procuring new business or members, which shall have neglected or refused to comply with this Act, shall be subject to the penalty provided in the last preceding section for the misdemeanor therein specified. Agents of societies in default. SEC. 9. All laws and parts of laws in conflict with or inconsistent with this Act be, and the same are, hereby repealed, and nothing in this Act shall be held to affect or to apply to grand or subordinate lodges of Masons, Knights of Pythias, Odd Fellows, Red Men, Junior Order American Mechanics, or similar orders that do not have as their principal object the issuance of benefit certificates to members. Exemptions. SEC. 10. This Act shall be in force and effect from and after its passage. Approved December 17, 1900. LIFE INSURANCE COMPANIES ON ASSESSMENT PLAN. No. 176. An Act to authorize insurance companies, chartered to do a life insurance business upon the assessment plan, to hereafter do a general life insurance business in Georgia, upon complying with the terms of this Act, to prescribe laws regulating the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That any corporation chartered to do a life insurance business on the assessment plan, and doing business in this State, may, if it so desire, by a compliance with this Act, be relicensed and authorized to transact a general life insurance business in this State, upon filing with the insurance department of the State all papers and documents and making the payments required under existing laws, so far as the same are or may be applicable to such life insurance companies, and all business thereafter transacted by such corporations, in this State, shall

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be done in accordance with and governed by the provisions of the laws of this State relating to life insurance companies, other than those doing business on the assessment plan, except as provided in this Act. Life insurance companies on assessment plan. SEC. 2. Be it further enacted, That every such corporation, upon complying with the requirements of this Act, is hereby authorized to carry out, in good faith, its contracts heretofore made with its members, but all policies or certificates of insurance heretofore issued by such corporations and now remaining in force, which contain a provision for a payment other than the premium stipulated therein, and under which the donation of premium payments is coequal with the duration of the contract (endowment policies and endowment certificates excepted) shall be valued and reserve maintained thereon on the basis of renewable term insurance as fixed by age, in accordance with the provisions of section 8 of an Act entitled an Act to regulate the business of insurance of this State, and for other purposes, approved October 24th, 1887. To the reserve liability determined as above, the Insurance Commissioner shall add the determinate contract reserve under any other policies or certificates heretofore issued and remaining in force, and in the absence of such contract reserve shall value them as contracts providing similar benefits are to be valued under the provisions of said section 8 of the Act of October 24th, 1887; provided, that under no policy or certificate shall a greater aggregate reserve liability be charged than is required by said section. Policies and certificates of. SEC. 3. Be it further enacted, That after this Act goes into force, no policy or certificate of life insurance shall be issued by a company licensed under this Act, in this State, unless in compliance with the provisions thereof. All policies of life insurance issued by such corporation, under this Act, whether or not they contain a provision for a payment other than the premium specified therein, shall be valued and the reserve maintained thereon according to the provisions of said section 8 of the Act of October 24th, 1887, and the nature of the insurance as defined in each policy or contract. Reserve. SEC. 4. Be it further enacted, That no laws or parts of laws, which relate to the formation of corporations to transact the business of life insurance upon the assessment plan, or which provide for the regulation of the business of life insurance by such corporations, shall be applicable to companies doing business under this Act, except to the extent of permitting the carrying out of contracts heretofore made with members; provided, nothing in this Act shall be construed to apply to any fraternal

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beneficiary order or society operating on the system of lodges, councils or chapters as defined by the laws of this State regulating such orders or societies. Societies to which this act applies. SEC. 5. All Acts and parts of acts inconsistent with the provisions of this Act are hereby repealed. Approved December 21, 1900. INSURANCE COMPANIES, CAPITAL STOCK OF. No. 153. An Act to authorize any fire insurance company organized under the laws of this State to increase or decrease its capital stock, and for other purposes. SECTION 1. The General Assembly of Georgia hereby enacts, That the capital stock of any fire insurance company organized under the laws of this State, whether incorporated by special Act of the General Assembly or by the Secretary of State under the general law, may be increased to such an amount as may be desired by the stockholders of such company, or said capital stock may be decreased to any sum, not less than one hundred thousand dollars, as may be desired by the stockholders of such company, at a meeting of such stockholders, called for the special purpose by order of the board of directors of such company, of which meeting notice shall be given to each stockholder (or in case of death to his legal representative or heirs at law), personally or by mail, addressed to his last known residence, at least thirty days previous to such special meeting, and such increase or decrease shall be made in such manner as shall have been determined by the stockholders at such meeting, it requiring the vote of a majority in amount of the entire capital stock of such company to authorize such increase or decrease, and the manner of effecting the same. If at such meeting of the stockholders, holding the majority in amount of such capital stock, vote for such increase or decrease, the proceedings of the meeting must be reduced to writing and entered upon the books or minutes of the company, and a copy thereof, verified by the president or secretary thereof, shall be filed and recorded in the office of the Secretary of the State, and when so filed and recorded shall become an amendment to the charter of said company, and a certified copy thereof shall be evidence of all facts therein contained,

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in all courts of this State, without further proof; provided, such increase or decrease shall be approved by the Comptroller-General as ex officio Insurance Commissioner of this State, to be evidenced by indorsing his approval on the said verified copy of such proceedings of said stockholders, which indorsement shall be recorded in the office of the Secretary of State, together with said verified copy, and become a part thereof. Insurance companies may increase or decrease capital stock. 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 18, 1900. INSURANCE COMPANIES, DEPOSITS OF, REGISTRATION OF. No. 108. An Act to authorize and require all insurance and fidelity and deposit companies and fidelity or surety companies that may now have bonds deposited in the State Treasury, or that may hereafter be placed there, to have same registered. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That all insurance and fidelity and deposit companies and fidelity or surety companies which may now have coupon bonds deposited in the treasury be required to substitute registered bonds for the same on or before January 1st, 1901. Insurance companies, deposit of registered bonds. SEC. 2. And be it further enacted, That all such companies making deposits after January 1st, 1901, be required to furnish registered bonds. Approved December 17, 1900. REFORMATORY PRISON, NAME CHANGED. No. 106. An Act to change the name of the Reformatory Prison to that of Industrial Farm, to authorize the judges making the sentence to exercise their discretion in determining what juvenile criminals they will send to the Industrial Farm, and to prevent any criminal serving in the chain-gang from being transferred to the Industrial Farm. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act

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the Reformatory Prison shall be called by the name of Industrial Farm, instead of Reformatory Prison. Industrial farm. SEC. 2. Be it further enacted by the authority aforesaid, That it shall be left to the discretion of the judge sentencing any particular juvenile criminal to determine whether or not such juvenile criminal shall be sent to the chain-gang or to the Industrial Farm; the question whether or not such criminal shall be sent to said Farm or to the chain-gang to rest exclusively in the discretion of the judge. Juvenile criminals, sentence of. SEC. 3. Be it further enacted by the authority aforesaid, That no juvenile criminal once sentenced to the chain-gang can be thereafter transferred to the Industrial Farm, and that juvenile criminals now in the chain-gang shall not be transferred to the Industrial Farm. No transers from chain-gang. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1900. JUDGMENTS OF JUSTICES' COURTS IN OTHER STATES, PROOF OF. No. 27. An Act to provide a method for proving in the courts of this State judgments obtained before justices of the peace in any State of the United States. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the official certificate of a justice of the peace of any State of the United States to any judgment, and the preliminary proceedings before him, with the official certificate of the clerk of any court of record, under the seal of said court, within the county in which such justice resides, stating that he is an acting justice of the peace of that county, and that the signature to his certificate is genuine, shall be prima facie evidence of such proceedings and judgment in the courts of this State. Judgments of justice courts in other States. SEC. 2. Be it further enacted, That in the event the term of office of any such justice shall have expired, or said office shall for any reason be vacated, the official certificate of his successor in said office to any judgment and the preliminary proceedings before such retired justice stating that he is the successor in office of such retired justice and the proper custodian of such judgment and preliminary proceedings, the same

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being in his custody, with the official certificate of the clerk of any Court of Record, under the seal of said court within the county in which such justice making such certificate resides, stating that he is an acting justice of the peace of that county and the successor in office of the said justice before whom said proceedings were had and by whom said judgment was rendered, and that the signature to his certificate is genuine, shall be prima facie evidence of such proceedings and judgment in the courts of this State. Judgments of former justices. SEC. 3. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved November 30, 1900. BOARD OF VISITORS TO STATE UNIVERSITY, SPECIAL. No. 121. An Act to amend an Act to provide for the appointment of a Special Board of Visitors to the University of Georgia, to prescribe their powers and duties, to fix their compensation, and for other purposes, approved October 13th, 1887, by providing that two members of the five members which constitute the Special Board of Visitors to the University of Georgia shall be expert in the theory and the practice of agriculture and horticulture. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That in the appointment of the five members of the Special Board of Visitors to the University of Georgia, the Governor shall provide that two of the members of said board shall be Experts in the theory and in the practice of agriculture and horticulture. Special board of visitors to University. SEC. 2. This Act shall remain in force and effect as long as the State College of Agriculture and Mechanical Arts may be associated with Franklin College and the U. S. land scrip fund shall be utilized for the support and promotion of the University of Georgia. College of Agriculture and Mechanical Arts. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 18, 1900.

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COMMISSIONERS TO BUFFALO AND CHARLESTON EXPOSITIONS. No. 113. An Act to provide for a State Board of Commissioners, to whom shall be entrusted the duty of making adequate display of the State's resources at the Buffalo and Charleston Expositions, said committee to serve without charge to the State. SECTION 1. Be it enacted by the General Assembly, and it is hereby enacted by authority of same, That a commission of three is hereby created, to be known as the State Board of Managers of the Pan-American and Charleston and West Indies Expositions, one member of which Commission shall be appointed by the Governor, another of which shall be the Commissioner of Agriculture and the third of which shall be the State Geologist. Pan-American and Charleston and West Indies Expositions, exhibits. SEC. 2. Be it further enacted by authority of same, That it shall be the duty of the aforesaid commission to arrange for a display of the State's resources first, at the Buffalo Exposition and second at the Charleston Exposition; transferring the exhibit from one place to the other, at such time as in their judgment they deem best. SEC. 3. Be it further enacted by authority of the same, That the members of said board shall receive no compensation for their services; and nothing in this Act shall be so construed as to create any liability of the State, directly or indirectly, for any obligation incurred, nor for any claim for aid or for pecuniary assistance from this State in support or liquidation of any debts or obligations contracted by said board. Liability of State. SEC. 4. Be it further enacted by authority of the same, That the Geological department and Agricultural department of the State are hereby authorized to co-operate with said board in displaying at the aforesaid expositions such exhibits of the State's resources as are now in the custody of these departments. Geological and agricultural departments. SEC. 5. Be it further enacted by the authority of the same, That in arranging for transportation of such exhibits as may be needed by the aforesaid commission, they shall not be authorized to incur any liability until by separate Act this General Assembly shall make the necessary appropriation therefor. Transportation. SEC. 6. Be it further enacted by authority of the same, That this Act shall take effect and be enforced from and after its passage, and that all laws and parts of laws in conflict with it be, and the same are, hereby repealed. Approved December 18, 1900.

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DEPUTY SHERIFFS, COMPENSATION OF. No. 134. An Act to provide compensation for deputy sheriffs for attendance upon the Superior and City Courts in this State and upon the Courts of Ordinary and elections, and to provide for the payment of said compensation. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the deputy sheriffs of this State shall be entitled to charge and collect the following fees for official duties performed by them, to wit: Deputy sheriffs, per diem of. For attendance upon the Superior Courts, per day, $2.00. For attendance upon the City and County Courts, per day, $2.00. For attendance upon Courts of Ordinary, per day, $2.00. For attendance upon elections, per day, $2.00. SEC. 2. Be it further enacted, That the per diem provided for in the forgoing section shall be paid by the county; provided, that the judge of the courts in which said service shall be rendered, shall determine the number of deputy sheriffs necessary to serve during the term; and provided further, that the provisions of this bill shall only apply to those counties in the State having a population of twenty-four thousand inhabitants or more. How paid. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 19, 1900. CITY MARSHALS, HOW RULED. No. 97. An Act to provide for the distribution of money that may come into the hands of the marshals or other officers of the towns and cities in this State, by the sale of either personal or real property at public outery under authority of the municipality of which he is an officer, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the marshals of the towns and cities of this State, and such other officers of said towns and cities in

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said State whose duty it is to collect the taxes and other revenues of such towns and cities, by levy and sale, shall be subject to be ruled, either in the Superior, City, or County Court, in the county where said town or city is located, for money in the hands of such officer arising from the public sale of any property, under and by virtue of any process issued by said city or town, in the same manner as sheriffs and constables are ruled for the distribution of money coming into their hands from the sale of any property. Marshals of cities and towns may be ruled in sup'r, city or county court. SEC. 2. Be it further enacted, That when any execution from any court, is placed in the hands of the marshal or other selling officer of any town or city in this State, with written notice to hold up the proceeds arising from the sale of any property of the defendant in fi. fa., the marshal or other selling officer shall, after first paying to the city the amount due on the process under which the sale was made, hold up the balance of the funds in his hands until he is ordered to pay out the same by the court first acquiring jurisdiction, under proper proceeding. Proceeds of sales by. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved December 15, 1900. PHEASANTS, PROTECTION OF. No. 22. An Act to protect wild English, Mongolian or other pheasants, 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 if any person or persons shall catch, kill or injure any wild English, Mongolian or other pheasant, or shall at any time or season disturb, rob or destroy the nests or take therefrom any egg or eggs of any of the aforesaid wild birds, for the space of five years from the passage of this Act, or violating any of the provisions of this section, shall be punished as for a misdemeanor. Pheasants, protection of. SEC. 2. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 30, 1900.

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SAVANNAH VOLUNTEER GUARDS. No. 130. An Act to convert the Savannah Volunteer Guards from a volunteer corps of infantry into a battalion of heavy artillery, composed of four batteries and armed with rifles, with necessary equipments; preserving all the corporate rights and privileges heretofore and now enjoyed by said Savannah Volunteer Guards, under its Act of incorporation and amendments thereto, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the volunteer corps of infantry now existing at Savannah, and known as the Savannah Volunteer Guards, be, and the same is, hereby converted into a battalion of heavy artillery, composed of four batteries designated by the letters A, B, C and D, the present companies being converted respectively into batteries. The said battalion shall be designated in the military forces of the State as the First Battalion of Heavy Artillery Georgia State Troops, and shall also retain its name, Savannah Volunteer Guards. The officers of said battalion now in commission shall retain their commissions, and all officers elected but not yet examined shall be subjected to the examination now prescribed for infantry officers. Said battalion shall be armed with rifles, with all necessary equipments pertaining to the infantry branch of the service, and shall also be instructed and trained as heavy artillery. Savannah volunteer guards. SEC. 2. Be it further enacted by the authority aforesaid, That all the rights and privileges heretofore and now enjoyed by said Savannah Volunteer Guards, under its Act of incorporation and amendments thereto, and as an infantry organization, be, and the same are, hereby preserved. 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 18, 1900.

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MILITARY FORCES, ORGANIZATION OF. No. 131. An Act to amend an Act to provide for the reorganization, discipline, enlistment and protection of the military forces of this State, and for other purposes, approved December 20, 1899, by providing for the addition of one battalion of heavy artillery to the military forces of this State, by repealing section XV. of said Act, and for other purposes. SECTION 1. Be it enacted by the Genersl Assembly of Georgia, and it is hereby enacted by authority of the same, That section two of the above recited Act, approved December 20, 1899, be, and the same is, hereby amended by inserting between the words colored and a band, in the fifth line of said section, the following: one battalion of heavy artillery; so that said section, when amended, shall read as follows: Sec. 2. 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 cavaly, white; two batteries of artillery, white; one battery of artillery, colored; one battalion of heavy artillery, a band of music to each regiment of infantry and cavalry, and the medical department and hospital ambulance corps, the Governor's staff, and 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. 2. Be it further enacted by the authority aforesaid, That the said above recited Act be, and it is, further amended by adding between sections 5 and 6 the following section: Heavy artillery. The battalion of heavy artillery shall consist of not more than four nor less than three batteries, which shall be armed and equipped as infantry, and shall also be instructed and trained as heavy artillery, and there shall be to said battalion of heavy artillery 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,

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one quartermaster-sergeant, one commissary-sergeant, one hospital steward and one color-sergeant. SEC. 3. Be it further enacted by the authority aforesaid, That section XV. of the above recited Act be, and the same is, hereby repealed. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1900. MIDDLE GEORGIA MILITARY COLLEGE. No. 109. An Act to alter and amend an Act entitled an Act to establish the Middle Georgia Military and Agricultural College, and to commit and lend the State house and square, the executive mansion and premises and the penitentiary square and appurtenances at Milledgeville to the State University for that purpose, approved October 14, 1879; by changing the name of said college of Georgia Military College; by providing for the examination of grade teachers in said college by the trustees thereof, and by providing that the county school commissioner of Baldwin county shall pay to the trustees of said college that portion of the public school fund to which it may be entitled by law, and that may be apportioned to it by the county board of education of Baldwin county. SECTION 1. Be it enacted by the General Assembly of Georgia, That section 2 of an Act entitled an Act to establish the Middle Georgia Military and Agricultural College, and to commit and lend the State house and square, the executive mansion and premises and the penitentiary square and appurtenances at Milledgeville to the State University for that purpose, approved October 14, 1879, be amended by striking from the third line of said section the following: Middle Georgia Military and Agricultural College, and inserting and substituting therefor the following: Georgia Military College; so that said section, when amended, sha'l read as follows: Georgia Military College. SEC. 2. Said trustees shall, without needless delay, organize a collegiate college on the above named property or part thereof, which shall be styled the Georgia Military College and shall

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be a department of the University of Georgia, and said trustees shall have power to receive donations and mak e purchases, prescribe rules and regulations, and to do whatever else is necessary and proper for the successful establishment and administration of said college. SEC. 2. Be it further enacted, That said Act be further amended by adding the following two sections after section 5: Section 6. The trustees of said college shall examine and pass upon the qualifications of the teachers employed in the grades wherein are taught the pupils entitled to receive the benefits of the common school fund, and no examination by the county school commissioners or other common school authority shall be requisite or necessary to qualify and entitle such teachers so to teach. Section 7. That it shall be the duty of the county school commissioner of Baldwin county, and he is hereby required to pay over to the treasurer of the board of trustees of said college that portion of the public school fund to which it may be entitled under the law and that may be apportioned to said college by the county board of education of Baldwin county. Teachers. School fund. SEC. 3. That the number of the repealing section of the Act hereby amended be changed from 6 to 8, so as to conform to the foregoing changes. Repealing clause. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1900. CONFEDERATE SOLDIERS' HOME OF GEORGIA. No. 156. An Act to provide for the acceptance by the State of Georgia of the property known as the Confederate Soldiers' Home of Georgia, tendered by the trustees thereof; for an appropriation to keep and maintain the said Home for the support therein of indigent and needy ex-Confederate soldiers of the State, for the management and government thereof, and for other purposes. WHEREAS, The trustees of said Home have tendered to the State one hundred and nineteen and one fourth acres of land and its appurtenances, situated near the city of Atlanta, known as part of the Schultze place, fully described in a deed thereto from

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Emmy Vonder Hoya Schultze to the committee on location of said Home, recorded in book 13, page 398, records of deeds in the clerk's office of Fulton Superior Court, and afterwards conveyed to said Home, upon which is located a building designated as the Confederate Soldiers' Home of Georgia, which land and building have cost about the sum of forty-five thousand dollars, and were paid for by contributions from citizens of Georgia and others, and said land has, since its purchase, largely increased in value, and continues so to increase, upon conditions that the Home shall be maintained by the State for the benefit of such ex-Confederate soldiers as may need the benefit thereof, for a period of twenty years, or for such period as the number of inmates or applicants may justify or require, in the discretion of the legislature. After the expiration of such term the entire property to belong to the State, in fee simple, to be used and disposed of as the General Assembly may deem best; therefore, Preamble. Confederate Soldiers' Home of Georgia. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That said property so tendered be, and the same is, hereby accepted upon said conditions, and the sum of fifteen thousand dollars for the year 1901, or so much thereof as may be necessary, is hereby appropriated for the maintenance of said Home, including the furnishing of same, and such ex-Confederate soldiers as shall be entitled to the benefits thereof under the rules hereinafter prescribed; provided, however, that no part of the said $15,000.00 shall be expended as contemplated in said Act until forty bona fide applications for admission into said Home are filed and accepted by said board of trustees. Appropriation for. SEC. 2. Be it further enacted, That there shall be a board of trustees appointed by the Governor, consisting of eleven members, one from each congressional district, who shall serve without compensation for the term of five years, whose duty it shall be to have charge of said institution and provide all necessary rules and regulations for the government thereof and for the admission therein; to exercise all other powers incident to the same not conflicting with the law and requirements of this Act; to appoint a superintendent thereof at a salary not to exceed five hundred dollars per annum, treasurer, steward and such other assistants or employees as be necessary to the efficient administration of the institution; prescribe their duties, fix their compensation and remove said incumbent from office when, from any cause, the good of the institution may require it; to hold in trust for said institution any devise or bequest of property of any kind, or money, for its general use or any particular use designated; to visit the institution as often as may be necessary, and on the first day of October of

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each year to make to the Governor, to be by him laid before the General Assembly, a complete report of the condition of the same in all its departments. Said trustees shall present to the Governor at least ten days before the annual meeting of the General Assembly an exact estimate of the amount of money required for the support of said Home for the succeeding year. The treasurer shall give bond and security in the sum of five thousand dollars; shall make quarterly applications for funds from the treasury for the support of the institution and accompany the same with an itemized account of his expenditures for the preceding quarter, with duplicate vouchers for the sum disbursed by him, and the Governor shall draw his warrant for the sum required. Board of trustees. Report. Treasurer. SEC. 3. Be it further enacted, That ex-Confederate soldiers who are residents of the State of Georgia, and have resided in the State of Georgia five years prior to this Act and honorably discharged from the Confederate service, and who are unable by age, infirmity or poverty to maintain themselves, may be admitted to said Home and receive its benefits under the regulations prescribed by the board of trustees as herein provided, and shall be furnished with food, lodging, necessary clothing, medicine and medical attendance and shall perform such duties as may be prescribed by the superintendent, with the sanction of the trustees, and in case of death shall have decent burial. Beneficiaaries. SEC. 4. Be it further enacted, That no soldier who accepts the benefits of the Home provided for in this Act shall at the same time draw any pension under the laws of this State, but his becoming an inmate of said Home shall be in lieu of his pension; provided, those who are now, or hereafter may be, drawing a pension from this State shall be given the preference in the selection of inmates in said institution by the authorities thereof; provided, no soldier shall be admitted the same year he receives from the State a pension. Pensions. SEC. 5. Be it further enacted, That those admitted into the Home provided by this Act shall be from the several counties of the State of Georgia, according to their population, in the event the number of applicants are more than can be accommodated. Admission to SEC. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and are, hereby repealed. Approved December 19, 1900.

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DEPARTMENT OF HORTICULTURE AND POMOLOGY. No. 179. An Act to amend an Act approved Dec. 20, 1898, amendatory of an Act providing for the establishment of a Special Department of Horticulture and Pomology, the employment of an entomologist, etc., approved Dec. 21, 1897. Be it enacted by the General Assembly of Georgia, That section 3 of the above cited Act, approved Dec. 20, 1898, be, and the same is, hereby amended by striking the words one thousand in the 5th line thereof, and inserting in lieu thereof the words three thousand and five hundred, and by adding at the end thereof the following clause, to wit: The board may also employ such assistants to the entomologist as may be deemed necessary; so that said section, when amended, will read as follows: Entomologist, salary of. SEC. 3. That the salary of the said entomologist shall not exceed one thousand and five hundred dollars per annum, and that said salary shall be paid out of the funds in the Agricultural Department arising from the inspection of oils. In addition to the above appropriation the sum of thirty-five hundred dollars per annum is hereby appropriated out of the funds in the Agricultural Department arising from the inspection of oils for the purpose of defraying the expenses of the execution of this Act, the equipment of a laboratory, the traveling and other incidental expenses of the entomologist, and the issuing of reports and other publications. The board may also employ such assistants to the entomologist as may be deemed necessary. Approved December 21, 1900.

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

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TITLE I. CITY AND COUNTY COURTS. ACTS. City Court of Americus Established. City Court of Americus, Solicitor of. City Court of Bainbridge Established. City Court of Barnesville, Proceedings in. City Court of Brunswick, Solicitor of. City Court of Decatur County Abolished. City Court of Dublin Established. City Court of Early County Established. City Court of Elberton, Judge's Salary, etc. City Court of Griffin, Solicitor, Term of, etc. City Court of Greenville, Transfer of Cases, etc. City Court of LaGrange, Jurisdiction, etc. City Court of Macon, Proceedings in, etc. City Court of Savannah, Grand Jury in, Abolished. City Court of Swainsboro, Jurisdiction, etc. City Court of Waycross, Terms of. County Court of Butts County Established. County Court of Early County Abolished. County Court of Macon County, Fines and Forfeitures in. County Court of Sumter County Abolished. County Court of Walker County Abolished. Superior Court of Hancock County, Insolvent Criminal Costs in. CITY COURT OF AMERICUS ESTABLISHED. No. 7. An Act to establish the City Court of Americus, to be located and held in the city of Americus, Georgia, in and for the county of Sumter; 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, 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,

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That from, and after the passage of this Act the City Court of Americus is hereby established, to be organized, located and held in the city of Americus, Sumter county, Georgia, with jurisdiction, civil and criminal, over the entire county of Sumter. This Act to take effect January 1, 1901. City Court of Americus. SEC. 2. Be it further enacted, That said City Court of Americus shall have jurisdiction to try and dispose of all civil cases of whatsoever nature, except those cases over which exclusive jurisdiction is vested in the Superior Courts by the Constitution and laws of the State of Georgia; provided, however, that the said City Court of Americus shall not have power to correct errors in courts of inferior jurisdiction by writ of certiorari. Jurisdiction in city cases. SEC. 3. Be it further enacted, That said City Court of Americus shall have jurisdiction to try and dispose of all criminal cases, where the offense is committed in Sumter county, when the offender, if convicted, would not be subject to loss of life or confinement in the penitentiary. Jurisdict'n in criminal cases. SEC. 4. Be it further enacted, That there shall be a judge of said City Court of Americus, who shall be appointed by the Governor, by and with the advice and consent of the Senate, whose term of office shall be four years, and all vacancies in the office of judge shall be filled by appointment of the Governor for the residue of the unexpired term, and such appointment being subject to the approval of the Senate, which then may be in session, or if the Senate be not in session at the time of such appointment, then subject to the approval of the Senate at its next session thereafter. The judge of the City Court of Americus shall receive a salary of twelve hundred dollars per annum, which shall not be increased or diminished during his term of office, except to apply to a subsequent term, and shall be paid monthly out of the treasury of the county of Sumter, by the person or persons charged by law with the paying out of the moneys of Sumter county; provided, the term of the judge first appointed under this Act shall expire four years from the date of his appointment. Judge, appointment and term of SEC. 5. Be it further enacted, That no person shall be eligible to the position of judge of the City Court unless, at the time of said appointment, he shall have attained the age of twenty-five years, and shall have been a resident of Sumter county at least two years immediately preceding his appointment, and has practiced law for at least four years before his appointment, and he shall, before entering upon the discharge of the duties of his office, take and subscribe the following oath: I solemnly swear that I will administer justice without respect to persons, and that I will faithfully and impartially discharge

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and perform all the duties that may be required of me as judge of the City Court of Americus of this State, according to the best of my ability and understanding, agreeably to the Constitution and laws of this State and the Constitution of the United States. So help me God; and said oath shall immediately thereafter be forwarded to the Governor and filed in the executive department. He shall have authority to issue criminal warrants, warrants to dispossess tenants holding over and intruders; to issue 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. Eligibility. Oath. Powers. SEC. 6. Be it further enacted, That the Governor shall, by approval and consent of Senate, appoint some fit and competent attorney, who shall have been a resident of Sumter county at least two years prior to his appointment, as solicitor of said City Court of Americus, whose duty it shall be to prosecute all offenses cognizant before the said City Court of Americus, except offenses for which indictments have been found and transferred from the Superior Court to said City Court, which cases so transferred shall be prosecuted by the solicitor-general, who prosecutes cases in Sumter Superior Court, and the said solicitor of the said City Court of Americus shall represent the State before the Supreme Court in all cases that are prosecuted by the said solicitor in said City Court of Americus and carried to the Supreme Court; that the fees of the said solicitor of said City Court of Americus, for all cases tried by him in the said court, and for services rendered by him in representing cases carried from said City Court of Americus to the Supreme Court, shall be the same as are now or may hereafter be allowed by law for the solicitors-general of this State for similar services. That the said solicitor of the said City Court of Americus shall, before entering upon the duties of his office, take and subscribe to 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 Americus, and will take only my lawful fees of office. So help me God; which oath shall be immediately forwarded to the Governor, and be filed in the executive department. Said solicitor of the City Court of Americus shall also give bond with good security, in the sum of one thousand dollars, made payable and conditioned the same as bonds of solicitors-general of this State, which bond shall be filed and kept in the same manner as the bonds of the solicitors-general are filed and kept; provided, that in the absence of said solicitor of said City Court, the judge may appoint a solicitor pro

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tempore, who shall be allowed the same fees as are allowed the solicitor of said City Court, in similar cases tried by him. Solicitor, duties. Oath. SEC. 7. Be it further enacted, That the clerk of the Superior Court of Sumter county shall be ex officio clerk of the City Court of Americus, and in his official connection with said court he shall be known as the clerk of the City Court of Americus. He shall have power to appoint a deputy or deputies. Clerk. SEC. 8. Be it further enacted, That the sheriff of Sumter county shall be ex officio sheriff of the City Court of Americus, and in his official connection with said court he shall be known as the sheriff of the City Court of Americus; he shall have power to appoint a deputy or deputies. All the duties and liabilities attached to the clerk of the Superior Court and to the office of sheriff shall be attached to the office of clerk of the City Court of Americus and to the office of Sheriff of the City Court of Americus respectively; and the judge of the said City Court of Americus is empowered to exercise the same authority over said clerk and sheriff, and his deputy or deputies, as is exercised by the judge of the Superior Court over the clerks of the Superior Courts and the sheriffs of the counties in Georgia. Sheriff. SEC. 9. Be it further enacted, That the fees of the clerk and sheriff of said city court shall be the same as are now or may hereafter be allowed by law to the clerk of the Superior Court and to the sheriff of the county; except in criminal cases, when no indictment has been found, the clerk shall only receive three dollars, and except also in civil cases, where the principal amount claimed does not exceed one hundred dollars, the cost of the clerk for the entire service shall be two dollars, and in case where the principal amount does not exceed five hundred dollars and is not less than one hundred dollars, the clerk and sheriff's cost for this entire service shall be as follows: Clerk's cost four dollars and sheriff's cost shall be two dollars for each copy delivered by him, and the costs of the sheriff shall be the same as that now provided by law for cases tried in the monthly term of the County Courts of this State, and for their attendance at the regular terms of said court the sheriff and clerk shall each receive two dollars per day, to be paid in the same manner as they are now paid for similar service in the Superior Court. Fees of clerk and sheriff. SEC. 10. Be it further enacted, That the judge of said City Court shall have power to issue writs of habeas corpus, and to hear and dispose of the same in the same manner and with the same power as the judge of the Superior Court. Habeas corpus. SEC. 11. Be it further enacted, That the terms of said City

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Court shall be held quarterly on the first Mondays in February, May, August and November. That the first term to which any suit is brought shall be appearance term, provided that in all suits brought in said City Court judgment may be entered by default at the first term to which said cause is returnable, unless a plea or defense is filed under the terms governing the filing of the pleas in the Superior Court on the call of the appearance docket. Terms. SEC. 12. Be it further enacted, That suits in said City Court shall in all respects be conformable to the mode of proceeding in the Superior Court, except as hereinafter provided, but the process to writs shall be annexed by the clerk of said City Court, or his deputies, be attested in the name of the judge thereof, and directed to and served by the sheriff of the City Court of Americus, or his deputies. Proceedings. SEC. 13. Be it further enacted, That in all matters pertaining to service, pleading and practice the laws governing the same in 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. 14. Be it further enacted, That the judge of said City Court shall have power and authority to hear and determine all civil cases of which the said court has jurisdiction, and to give judgment and issue execution thereon; provided, always, that either party in any case shall be entitled to a trial by jury in said court upon entering a demand therefor by himself or his attorney in writing on or before the call of the docket at the term to which the cause is returnable, in all cases where such a party is entitled to a trial by jury under the Constitution and laws of this State. Powers of judge. Jury trial. SEC. 15. Be it further enacted, That all judgments obtained in said court shall be a lien on all property belonging to the defendant or defendants throughout the State, in the same manner as judgments in the Superior Courts are; and all executions issuing from said court shall be attested in the name of the judge and signed by the clerk or his deputy, and directed to the sheriff of the City Court of Americus and his deputies. Judgments. Executions. SEC. 16. Be it further enacted, That said court shall have jurisdiction of claim cases where personal property is levied on under executions or other processes from said court, and such claim shall be tried in the same manner as claims in the Superior Courts. Claims to personalty. SEC. 17. Be it further enacted, That claims to real property levied on under execution or other process from said City

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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 Superior Court; provided, that when executions or other process issued from said City Court are levied upon personalty and real estate, and both the personalty and realty is claimed by the same claimant, the claim, together with the executions or process, shall be returned and tried in the Superior Court; provided, also, that if the claimants of the realty and personalty are different parties or claimants, the claim case where the personalty is levied on shall be returned to the City Court for trial. Claims to realty. SEC. 18. Be it further enacted, That all laws upon the subject of attachments and garnishments as to any matter in the Superior Court of this State shall apply to said City Court, so far as the nature of the City Court will admit. Attachments in said court, as returnable to said court, shall be directed to the sheriff of the City Court of Americus, or his deputies, 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 the said City Court under the same laws that govern the issuing of attachments returnable to the Superior Court; provided, that said attachments and garnishments shall be triable at the first term to which they are returned, provided they are returned into said court twenty days before the sitting thereof. Attachments and garnishments. SEC. 19. Be it further enacted, That garnishment proceeding in said City Court shall be conformable to the laws of the State on the subject in the Superior Court. Garnishments. SEC. 20. Be it further enacted, That scire facias to make parties in any cause in said City Court shall be had as in the Superior Court, be served by any sheriff thereof, or his deputy. Scire facias. SEC. 21. 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 of illegality, arbitration, examination of parties to suits or witnesses by interrogatories or under subp[oelig]na, witnesses and their attendance, continuances or other matters of judicial nature within the jurisdiction of the said City Court, shall be applicable to said City Court, except as otherwise provided in this Act. Practice. SEC. 22. Be it further enacted, That the judge of said City Court shall have power to cause testimony to be taken and used de bene esse and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the general laws of this State, and the judge and other officers of said City Court shall have power respectively to administer all oaths pertaining

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to their office as the judge and other officers of the Superior Court may in like cases do; and said judge shall also have power to attest deeds and other papers and administer oaths in all cases, anywhere in the State in which by existing laws such papers may be attested and affidavits administered by justices of the peace of this State, and the judge of said City Court shall have all the powers and authority throughout his jurisdiction as judges of the Superior Courts, except where by law exclusive power and authority are vested in judges of the Superior Courts, and all laws relating to the governing judges of the Superior Courts shall apply to the judge of said City Court, so far as the same may be applicable, except as herein provided. Powers of udge. SEC. 23. Be it further enacted, That said City Court of Americus shall be a court of record, and shall have a seal, and the minutes, records, 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 the 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 provision of this Act. Court of record. SEC. 24. Be it further enacted, That all laws regulating the enforcement of judgments of the Superior Court, whether civil or criminal, shall apply to said City Court, and executions shall issue and be levied and sales be had under the same rules and laws regulating the same in the Superior Court. Judgments, enforcement of SEC. 25. Be it further enacted, 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. 26. Be it further enacted, That it shall be the duty of the clerk of the said City Court of Americus to prepare and file in his office a complete copy of the traverse jury list of the Superior Court of Sumter county, as provided from time to time for said 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 Americus 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 that purpose, from which shall be drawn all traverse jurors as now required by law in the Superior Courts. All laws with reference to the drawing of, selecting and summoning traverse jurors in the Superior Courts shall apply to the said City Court, except that a panel of jurors summoned shall consist

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of twelve. All exemptions from jury duty now of force in the county of Sumter shall apply and be of effect in said City Court. Traverse jury. SEC. 27. Be it further enacted, That all laws in reference to the qualifications, relations impaneling, fining and challenging jurors now of force in this State, or hereafter enacted by the General Assembly regulating the same in the Superior Courts, shall apply to and be observed in the said City Court, except when inconsistent with the provisions of this Act. Qualification of jurors. SEC. 28. Be it further enacted, That from said panel of twelve jurors drawn and summoned by the provisions of this Act the judge of the said City Court shall cause to be made up two juries, which shall be known and distinguished as juries number one and two; and all cases and issues to be tried by the jury, civil or criminal, at that term of said City Court shall be tried by one of these, or by a jury stricken from both, as hereinafter provided. In case from any cause such panel should be reduced below twelve, the judge of said court shall have power to fill it by causing talesmen to be summoned instanter. In criminal cases tried at a regular term of said court, the defendant shall be entitled to four peremptory challenges and the State two, and in all civil cases the plaintiff and defendant shall each be entitled to three peremptory challenges, and all laws and rules, both civil and criminal, regulating the selection of juries in the Superior Courts shall apply to the said City Court, except where they are inconsistent with the terms of this Act. Selection of juries. SEC. 29. Be it further enacted, That the sheriff of said City Court is authorized to appoint at each term of said court not exceeding two bailiffs as officers of said court. Bailiffs. SEC. 30. Be it further enacted, That the defendants in criminal cases in said City Court of Americus may be tried on written accusation setting forth plainly the offense charged, founded on affidavit made by the prosecutor; said affidavit to be made before any officer authorized to issue warrants, and said accusation shall be signed by the solicitor of said court and have indorsed thereon the name of such prosecutor. 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 arrest and apprehension of the defendant, directed to the sheriff of said City Court of Americus, or his deputies, and to all and singular the sheriffs and constables of said State. Before the arraignment of the defendant the judge shall inquire of him whether he demands an indictment, and the response of the defendant

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shall be indorsed on said accusation and signed by the prosecuting officer in said court. If the defendant demands indictment or stands mute, the judge of said court shall, in the event of the inability of the defendant to furnish proper bail, which shall be required for his appearance to answer such indictment as may be found against him, conformable to the general law of bail in criminal cases, commit said defendant to the common jail of said county to await the action of the grand jury in such case. In the event a true bill is found or special presentment is made in such case, and returned to said City Court of Americus, all subsequent proceeding shall be in conformity with the laws regulating the trials of misdemeanors in the Superior Court. If the defendant waives indictment the judge of said court shall inquire of him whether he demands a trial by jury, and the response of the defendant shall be endorsed on said accusation and signed by the prosecuting officer of said court. If the defendant demands a trial by jury or stands mute, 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 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 Court as the same may be applicable; provided, always, that a reasonable time may be granted the State or the defendant to procure witnesses. Proceedings in criminal cases. SEC. 31. Be it further enacted, That the judge of the Superior Court may send down from the Superior Court of Sumter county all presentment and bills of indictment for misdemeanors to said City Court for trial, the order so transmitting such cases to be entered on the minutes of both of said courts. Misdemeanors transferred. SEC. 32. Be it further enacted, That it shall be the duty of all justices of the peace and notaries public of Sumter county to bind over to said City Court all persons charged with the offenses committed within the limits of Sumter county, over which said City Court has jurisdiction, to answer to said offenses. Bonds to appear. SEC. 33. Be it further enacted, That all cases, civil and criminal, now pending and undisposed of in the County Court of Sumter county shall be, and are, hereby transferred to said

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City Court, and the same shall be placed on the proper docket in said City Court, and shall be tried and disposed of as other cases in said City Court. All final and other processes now in the hands of the sheriff, bailiff or other officer, which are made returnable to the County Court, shall be by them returned to said City Court instead of the County Court. The judge and other officers of said City Court shall have power and authority to issue and enforce the same in name of said City Court, any and all processes in any case from the County Court necessary to the final disposition of the same, which from any cause have not been issued and enforced by the officers of the County Court. All records, books and papers disposed of and of file in said County Court shall be filed and deposited with the clerk of the said City Court; that all fi. fas. and final processes not satisfied, now in the hands of the said bailiff of the said County Court, shall be levied and enforced by the sheriff of said City Court, or his deputy, and returns thereof made to City Court. Cases in county court transferred to city court. Records of county court. SEC. 34. Be it further enacted, That in all cases in said City Court the same powers and rights of parties as to waivers in pleading and procedure, as other matters pertaining to the same, shall be allowed and upheld by the laws and rules governing parties in the Superior Courts. Practice. SEC. 35. 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 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. New trials. SEC. 36. Be it further enacted, That a writ of error shall be direct from the said City Court to the Supreme Court of this State, on 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 exception in the Superior Courts of this State. Writs of error. SEC. 37. Be it further enacted, That all suits against joint obligors, joint promisors, copartners or joint trespassers, in which any one or more resides in the county of Sumter, may be brought in said court within its jurisdiction, as 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 suit. Suits against joint obligors, etc.

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SEC. 38. Be it further enacted, That the solicitor of said City Court shall, for his service in Supreme Court, be paid out of the treasury of the State, by warrant drawn by the Governor upon certificate of the clerk of the Supreme Court as to the performance of such service. Solicitor, fees of. 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 Courts. Judge pro hac vice. SEC. 40. Be it further enacted, That all fines and forfeitures arising from cases tried on accusation in said City Court shall be distributed by the solicitor of said City Court under the same rules and regulations as now or may hereafter govern the distribution of fines and forfeitures in the Superior Court by the solicitor-general. That all fines and forfeitures arising from cases in said court on indictment transferred to said court, as hereinbefore provided, shall be paid to the solicitor-general of the Superior Court of said county, which shall be first applied to the payment of costs as may have accrued in said cases in said City Court, and the balance, if any, shall be distributed as fines and forfeitures are distributed in the Superior Court. Fines and forfeitures. SEC. 41. Be it further enacted, That the Board of County Commissioners of Sumter county shall provide a suitable place for the holding of said City Court, and provide the necessary books for keeping the dockets, minutes and records of said City Court. Court room and records. SEC. 42. Be it further enacted, That the judge of said City Court shall have the same powers in vacation over matters in said City Court as the judge of the Superior Court has over matters in said last named court. Judge powers of. SEC. 43. That the judge of said City Court shall have the right to practice in all courts of this State, except the City Court of Americus. Judge may practice law. SEC. 44. Be it further enacted, That all laws or parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved November 22, 1900.

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CITY COURT OF AMERICUS, SOLICITOR OF. No. 34. An Act to amend an Act entitled an Act to establish the City Court of Americus, to be located and held in the city of Americus, Georgia, in and for the county of Sumter; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define their duties and powers, and for other purposes, approved November 22, 1900, so as to provide that the term of office of the solicitor of said court shall be for four years. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That an Act entitled an Act to establish the City Court of Americus, to be located and held in the city of Americus, Georgia, in and for the county of Sumter, 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, and for other purposes, approved November twenty-second, nineteen hundred, be, and the same is, hereby amended by inserting between the words Americus and whose in the seventh line of section six of said Act, the words whose term of office shall be for four years and; so that, when so amended, the first eight lines of said section six shall read as follows: Be it further enacted that the Governor shall, by approval and consent of the Senate, appoint some fit and competent attorney who shall have been a resident of Sumter county at least two years prior to his appointment as solicitor of said City Court of Americus, whose term of office shall be for four years, and whose duty it shall be to prosecute all offenses, etc. City court of Americus, solicitor of. Approved December 6, 1900. CITY COURT OF BAINBRIDGE ESTABLISHED. No. 12. An Act to establish the City Court of Bainbridge in the city of Bainbridge in and for the county of Decatur; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define the powers of judge and other officers thereof, 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,

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That from and after the passage of this Act the City Court of Bainbridge in the city of Bainbridge in the county of Decatur is hereby established and organized, to be held in the city of Bainbridge, with jurisdiction civil and criminal, and quasi civil and quasi-criminal, over the entire county of Decatur. City court of Bainbridge. SEC. 2. Be it further enacted, That said City Court of Bainbridge shall have jurisdiction to try and dispose of all cases of whatever nature where the amount involved is more than fifty dollars, except cases over which exclusive jurisdiction is vested in other courts by the Constitution of the State of Georgia; provided, that said City Court of Bainbridge shall have jurisdiction over cases where the amount involved is less than fifty dollars, when the subject-matter of the suit is not within the jurisdiction of a Justice Court. Jurisdiction in civil case. SEC. 3. Be it further enacted, That said City Court of Bainbridge shall have jurisdiction to try and dispose of all criminal cases for all offenses committed in the county of Decatur, where the offender under the punishment prescribed is not subjected to loss of life or confinement in the penitentiary. Jurisdiction in criminal cases. SEC. 4. Be it further enacted, That there shall be a judge of the said City Court of Bainbridge, 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 remainder 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 any 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 any session thereafter. The judge of the said City Court of Bainbridge shall receive a salary of twelve 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 Decatur. Judge. appointment of. Salary. SEC. 5. Be it further enacted, That any person who shall be appointed judge of said court must, at the time of such appointment, be at least twenty-six years of age; must also be a resident of the county of Decatur, 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

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and perform all the duties which may be required of me as judge of the City Court of Bainbridge, 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. Qualifications of. Oath. SEC. 6. Be it further enacted, That the judge of said City Court of Bainbridge shall have the right to practice law in all courts except said City Court, the Supreme Court on writs of error from said City Court, and any case originating in said city court. May practice law. SEC. 7. Be it further enacted, That there shall be a solicitor of the said City Court of Bainbridge, 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. If the Senate be not in session at the time of said appointment, or shall fail to act thereon, such appointment shall be subject to the confirmation of the Senate at any session thereafter, and in the meantime the person appointed by the Governor shall hold and fill said office. Solicitor. SEC. 8. Be it further enacted, That any person who shall be appointed solicitor of said court must, at the time of such appointment, be at least twenty-three years of age; must also be a resident of the county of Decatur, and must also have been a practicing attornery for at least three years before his appointment. The fees of such solicitor shall be the same as is now provided for solicitors-general of the Superior Courts of this State; and it shall be the duty of such solicitor to represent the State in the Supreme Court on all writs of error from said City Court, for which service he shall be paid out of the treasury of the State the same sums paid solicitors-general for similar services. Said solicitor, before entering on the duties of his office, shall give bond with good security, in the sum of five hundred dollars ($500.00), 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 Bainbridge, 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, or there should be a vacancy in said office, the court shall appoint a solicitor pro tem. Qualifications. Fees of. Bond. Oath, Pro tem SEC. 9. Be it further enacted, That the clerk of the Superior

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Court of Decatur county shall be the 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 do not conflict with the provisions of this Act; and for his services he shall receive the same compensation that he is entitled to receive for similar services in the Superior Court. The clerk shall execute a bond in the sum of one thousand dollars, payable to the Governor, conditioned for the faithful discharge of the duties of his office, which bond shall be approved by the judge of said City Court, and entered on the minutes thereof, and which said bond may be sued on by any person interested. In the event the clerk of the Superior Court shall fail to qualify or to execute said bond, the judge of said City Court is hereby authorized to appoint a clerk for said court. Clerk. SEC. 10. Be it further enacted, That the sheriff of Decatur county shall, by virtue of his office, be sheriff of said City Court. Before entering on the discharge of the duties of his office he shall execute a bond, with good security, payable to the Governor, in the sum of three thousand dollars ($3,000.00), conditioned for the faithful discharge of the duties of his office, which bond shall be approved by the judge of said City Court and entered on the minutes thereof, and which said bond may be sued on by any person interested. In the event the sheriff of Decatur county shall fail to qualify as sheriff of the City Court, the judge of said court shall appoint a sheriff for said court. The sheriff of said court shall have power to appoint such deputies as the business of the court may require, who shall give such bonds as are required of other deputy sheriffs. Said sheriff shall receive the same fees as are now or may hereafter be allowed by law to the sheriff of Decatur county. Sheriff. SEC. 11. Be it further enacted, That the judge of the City Court of Bainbridge 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 Superior Courts of said State. Judge, authority of. SEC. 12. Be it further enacted, That the judge of the City Court of Bainbridge 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, to take affidavits, and to issue any other writ, warrants, order or process, the power to issue which is not given exclusively to some other court, judge or officer by the Constitution of this State; and said judge; solicitor, clerk, sheriff and his deputies shall have power to administer all oaths and do all other official acts pertaining to their offices respectively as the

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judge and other officers of the Superior Court may in like cases do. Said judge shall also have power to issue writs of habeas corpus, and hear and determine the same as judges of the Superior Courts may do; to cause testimony to be taken to be used de bene esse, and for the purpose of perpetuating testimony within his jurisdiction, and generally to do all acts which the judges of the County Courts of this State are authorized to do, unless otherwise provided in this act; and said judge of the City Court of Bainbridge shall have all the power and authority throughout his jurisdiction of judges of the Superior Courts of this State, except where, by the Constitution, 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. Judge, powers of. SEC. 13. Be it further enacted, That the regular terms of the said City Court of Bainbridge shall be held quarterly, beginning on the first Monday in March, June, September and December of each year. The judge of said court shall have power to hold said court in session so long as in his judgment the same may be necessary, and to adjourn the same from one day to another as he may see proper. Terms of court. SEC. 14. Be it further enacted, That suits in said City Court shall in all respects be conformable to the modes of proceeding in the Superior Court, except as herein 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 Bainbridge, or his deputy, 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 Bainbridge, and all and singular the sheriffs or their deputies of the State of Georgia. Proceedings. SEC. 15. Be it further enacted, That in all matters pertaining to service and pleading and practice and other legal procedure, the laws governing in the Superior Court shall be applicable to said City Court, unless otherwise provided by this Act. Practice. SEC. 16. Be it further enacted, 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 without the intervention of a jury; provided, that either party in any civil cause pending in said court shall, upon demand, be entitled to a trial by jury, in all cases in which said parties may be entitled to a trial by jury under the Constitution and laws of this State. Trials. SEC. 17. Be it further enacted, That said court shall have jurisdiction

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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. 18. Be it further enacted, 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 Court, and all attachments returnable to the City Court of Bainbridge shall be directed to the sheriff of the City Court of Bainbridge and to all and singular the sheriffs and constables of this State, and may be served by the sheriff of the City Court, or his deputy, or any sheriff or constable or other officer authorized by law to levy attachments returnable to other courts. Attachment and garnishment. SEC. 19. Be it further enacted, That the garnishment proceeding in the City Court shall be conformable to the laws on the subject applicable in the Superior Court. Proceeding. SEC. 20. Be it further enacted, 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. SEC. 21. 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 of illegality, arbitrations and all other legal procedure, examination of witnesses by interrogatories, deposition or otherwise, witnesses and their attendance, continuances, motions for new trial and all matters pertaining to pleading and practice, and all matters of a judicial nature within the jurisdiction of the City Court, shall be applicable to said City Court, unless otherwise herein provided. Practice. SEC. 22. Be it further enacted, That the said City Court of Bainbridge 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 duty 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. Court of record. SEC. 23. Be it further enacted, That all laws regulating the enforcement of the judgments of the Superior Court, whether civil

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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. SEC. 24. Be it further enacted, That the judge of the City Court of Bainbridge shall have the power to enforce his orders, preserve order, punish for contempt and to enforce all his judgments in the same manner as judges of the Superior Court. Contempt. SEC. 25. Be it further enacted, That the traverse jurors in the City Court of Bainbridge 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 and petit jury list of the Superior Court, and shall place said names 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 impaneling traverse jurors in the Superior Court shall apply to the City Court of Bainbridge; 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 the 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. Traverse juries. SEC. 26. Be it further enacted, That all laws with reference to the disqualification, impaneling, challenging, fining, or in any wise relative to jurors, now in force 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 a 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 unless otherwise provided in this Act. Selection of jurors. SEC. 27. Be it further enacted, That all civil cases pending in said City Court, in which a jury is demanded by either party, 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 term time. All criminal cases shall be tried by the court either in term time,

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or in vacation, and said court shall be open for trial of criminal cases at all times. If at any time a defendant shall demand a trial by jury, and no jury shall then be in attendance upon the court, the judge may, in his discretion, direct the sheriff to summon a tales jury of eighteen jurors whose names appear either on the grand or petit jury lists of said county, for the trial of such criminal cases, and said jury shall be impaneled and such trials proceed at such time as the judge may direct, and all other proceedings in said case or cases shall be the same as though had during a regular term, and as if said jurors had been regularly drawn and summoned. Trials. SEC. 28. Be it further enacted, That defendants in criminal cases in said City Court of Bainbridge may be tried on written accusation founded on affidavit, which accusation shall be signed by the prosecuting officer of said court. No person charged with an offense within the jurisdiction of said court shall have the right to demand indictment by the grand jury of Decatur county before trial. Criminal cases. SEC. 29. Be it further enacted, That if, after hearing the evidence on any trial, it shall appear to the court that the offense is beyond the jurisdiction thereof, the trial shall be discontinued, and the accused committed or bound over to the next Superior Court, according to the law of bail and commitment; and the proceedings shall be transmitted to the Superior Court. Bond of accused. SEC. 30. Be it further enacted, That the judge of the Superior Court of Decatur county shall transfer any or all indictments or presentments for misdemeanors to said City Court for trial, the order so transferring the same to be entered on the minutes of both courts. Misdemeanors transferred. SEC. 31. Be it further enacted, That the judge of the City Court may, in his discretion, pass an order transferring to the Superior Court of Decatur county for trial any criminal cases in which said judge may be disqualified, the order so transferring the same to be entered on the minutes of both courts. Disqualified cases transferred. SEC. 32. Be it further enacted, 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. 33. Be it further enacted, That writs of error shall lie from the City Court of Bainbridge to the Supreme Court of this State upon bills of exceptions filed under the same rules and regulations as governed and controlled the filing of bills of exceptions, and the issue of writs of error in the Superior Courts of this State. Writs of error. SEC. 34. Be it further enacted, That no judgment, order, sentence or decree of the said City Court, or the judge thereof, shall be reviewed by writ of certiorari. Certiorari.

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SEC. 35. Be it further enacted, That the judge of the City Court of Bainbridge 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 the termination thereof, in vacation or term time, shall apply to and govern the same in said City Court. New trials. SEC. 36. Be it further enacted, 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 to the City Court of Bainbridge, unless otherwise provided in this Act; provided, that in cases in which no defense or plea is filed on the day of the first term, or such defense or plea shall be stricken by the court, a judgment may be rendered by the court or verdict taken as the case may require, for the plaintiff, on any succeeding day of said term upon the call of said case in open court. Appearance and trial terms. SEC. 37. Be it further enacted, That whenever the judge of said City Court is for any cause disqualified from presiding in any case, and the judge of the Superior Court shall fail to preside in said court as provided in the constitution of this State, or is not present when said case is called on the docket, 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. 38. Be it further enacted, That the County Commissioners of Decatur county shall provide the necessary books for keeping the dockets, minutes and records of said City Court, and all other books and stationery necessary to run said court, and that said City Court shall be held in the court-house of Decatur county, or such other place in the city of Bainbridge as the Superior Court of said county may be held. Court room. SEC. 39. Be it further enacted, That in misdemeanor cases transferred from the Superior Court to said City Court of Bainbridge, the cost of the solicitor-general of the circuit shall be five dollars, to be collected and paid as other costs in said City Court. Fees of solicitor-general. SEC. 40. Be it further enacted, That the several justices of the peace of the county of Decatur in admitting defendants to bail in misdemeanor cases, and all other officers or parties taking bond for the appearance of any defendant who stands charged with a misdemeanor, shall make the same returnable to the City Court of

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Bainbridge, to be tried on the next Monday at ten o'clock A.M. succeeding and following said commitment. Appearance bonds. SEC. 41. Be it further enacted, That upon the failure of the 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 under the same rules and regulations as bonds are now forfeited in the Superior Court, and the order of forfeiture and scire facias shall issue on the said day of non-appearance, and the fees of the officers of said City Court in such cases shall be the same as are allowed by law to officers of the Superior Court for like services, and the subsequent proceedings shall be the same as now prescribed by law. Forfeiture of bonds. SEC. 42. Be it further enacted, That this Act shall go into effect immediately upon its passage and approval by the Governor. SEC. 43. Be it further enacted, That there shall be a stenographer of the City Court of Bainbridge, appointed by the judge thereof, and all civil cases in said court shall be reported at the request of either plaintiff or defendant, or in the discretion of the judge without such request, and the fees for reporting such cases shall be the same allowed by law in the Superior Courts, and collected in the same manner. Stenographer. SEC. 44. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved November 27, 1900. CITY COURT OF BARNESVILLE, PROCEEDINGS IN. No. 171. An Act to amend the Act approved December 16, 1899, entitled 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 authority of the same, That section 29 of the above described Act establishing the City Court of Barnesville, approved December 16, 1899, be amended by striking out the words in the 12th line of said section, beginning with the word except, and the words in lines 13, 14, 15, 16, 17 and those in line 18 down to and including the word sales, and also the words except that the sales shall occur before the door of the building in which the City Court is held as above provided,

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in the 27th and 28th lines of said section, so that said section, when thus amended, shall read as follows, to wit: City court of Barnesville. 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; 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 of 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 this State. 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. SEC. 2. Be it further enacted, That the jury expenses of said City Court shall be a part of the jury expenses of the county of Pike, and shall be a charge against said county just the same as the jury expenses of the Superior Court of said county, and script issued to jurors for their services in said City Court by the clerk or ex officio clerk thereof shall be honored and paid by the treasurer of said county and shall likewise be received by the tax-collector of said county for State and county taxes; and the County Commissioners of said county shall make provision for the payment of the said jury fees of said City Court, the same to be paid out of the county funds as aforesaid; provided, however, that no more than the sum of two hundred dollars per annum shall ever be paid for jury fees for said City Court out of the funds of said county. Jury fees. SEC. 3. Be it further enacted, That the judge of said City Court shall have power and authority to take affidavits and acknowledgments and administer oaths anywhere in the State, just as justices of the peace and notaries public in their proper jurisdictions. Judge, authority of.

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SEC. 4. Errors committed by said City Court or by the judge thereof in judgments and rulings or otherwise in the trial of cases, or in other matters in said court or before said judge, may be corrected by writ of certiorari returnable to the Superior Court of Pike county; such certiorari to be issued and heard and determined like other certioraris from justices and other inferior judicatories as now or as may hereafter be prescribed by law. This method of correcting the errors of said court and the judge thereof shall be only cumulative, and shall not abridge or interfere with the right of parties to a writ of error direct from the said City Court to the Supreme Court of the State as now given to them by law, should they prefer the same. Certiorari. Writs of error. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1900. CITY COURT OF BRUNSWICK, SOLICITOR OF. No. 48. 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 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 9, 1895, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the same, That all of section 6 of the above recited Act, approved December 9th, 1895, after the word enacted in the first line, be stricken, and the following inserted in lieu thereof: There shall be a solicitor of said court who shall be appointed by the judge thereof for a term of four years. The fees of such solicitor in said City Court shall be as follows: For every person prosecuted to trial or plea of guilty in a case which originates by accusation in said City Court, $10.00; for every person brought before the court by indictment and prosecuted to trial or plea of guilty, $5.00; for every person prosecuted to trial or plea of guilty for a violation of the gambling laws of this State, $25.00; for representing the State in each case carried to the Supreme Court from said City Court, $15.00; for all services for which this Act does not provide, such solicitor shall receive the same fees as are now allowed by law to solicitors-general for similar services in the Superior Court. In the absence or inability

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of such solicitor to act or perform the duties of the office, the judge of said court shall have authority to appoint a solicitor pro tem., who shall receive the same fees in cases conducted by him as are allowed in said Act to said solicitor. The solicitor first appointed under the provisions of this Act shall hold office for a term of four years from January 1st, 1901. City court of Brunswick. Solicitor, fees of. SEC. 2. Be it further enacted, That in all cases where indictment has been prepared by the grand jury of Glynn county and the cases afterwards transferred to the City Court of Brunswick for trial and disposition, then, and in that event, the solicitor-general of the Brunswick Circuit shall share equally with the solicitor of the City Court of Brunswick in the distribution of the fines and costs derived in said cases. Fees of solicitor-general. 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 6, 1900. CITY COURT OF DECATUR COUNTY ABOLISHED. No. 11. An Act to abolish the City Court of Decatur county, to dispose of the business pending therein, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That so soon as this Act shall go into effect as hereinafter provided, the City Court of Decatur county, established by recommendation of the grand jury of said county, shall be abolished. City court of Decatur county abolished. SEC. 2. Be it further enacted by the authority aforesaid, That all cases pending in said City Court of Decatur county shall be transferred to the City Court of Bainbridge, in said county of Decatur, to be disposed of as other cases therein. Cases in transferred. SEC. 3. Be it further enacted by the authority aforesaid, That all mesne and final processes from the City Court of Decatur county which have not been executed shall be returnable to the City Court of Bainbridge, 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 Bainbridge. Writs from, how returnable. SEC. 4. Be it further enacted by the authority aforesaid, That all mesne and final process from the City Court of Decatur county not executed when this Act goes into effect may be executed by

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the officers having the authority to execute similar papers from the City Court of Bainbridge. Process from, how executed. SEC. 5. Be it further enacted by the authority aforesaid, That all dockets, minutes, records, books and papers of the City Court of Decatur county shall be turned over to the clerk of the City Court of Bainbridge. Records of. SEC. 6. Be it further enacted by the authority aforesaid, That this Act shall go into effect immediately upon approval of an Act of the present General Assembly to establish the City Court of Bainbridge in Decatur county, but this Act shall not be effective until the Act above mentioned shall become a law. SEC. 7. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 27, 1900. CITY COURT OF DUBLIN ESTABLISHED. No. 35. An Act to establish the City Court of Dublin in and for the county of Laurens; 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 City Court of Laurens 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 the City Court of Dublin, to be located in the city of Dublin in the county of Laurens, is hereby established and created with civil and criminal jurisdiction over the whole county of Laurens, 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 of Georgia 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 Laurens; 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 other attachments and garnishments proceedings, illegalities, counter-affidavits to any proceedings from said court, statutory awards, proceedings against intruders and tenants

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holding over, petition or personalty, issues upon distress warrants, foreclosures of all liens and mortgages, and quo warrantos. City court of Dublin. SEC. 2. 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 twelve hundred 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 Laurens 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 annually in levying the taxes for this purpose. The said judge shall receive no other compensation. Judge of. SEC. 3. Be it further enacted, That no one shall be eligible to the office of said judge unless he be at the time of his appointment at least twenty-eight years old, a resident of Laurens county at least four years immediately preceding his appointment, and must have practiced law at least five years continuously. 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 Dublin of this State, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State and Constitution of the United States; which oath shall be filed in the Executive Department. Eligibility. Oath. SEC. 4. 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 judge 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 to administer affidavits in all cases anywhere in this State in which

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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 the Superior Courts, except when by law exclusive power and authority is vested in the judges of the Superior Courts, and all laws relating thereto and governing the judges of the Superior Courts shall apply to said judge of said City Court so far as the same may be applicable, except as herein provided. Powers of. SEC. 5. Be it further enacted, That the judge of said City Court may practice law in any of the courts of this State or the United States except the City Court of Dublin and the Supreme Court in writs of error from said City Court. The judge of said City Courts 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 Court. May practice law. Habeas corpus. SEC. 6. 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 ten 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 16 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. 7. Be it further enacted, That a writ of error direct from the said City Court of Dublin 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. Writs of error.

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SEC. 8. 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 City 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. Adjourned terms. SEC. 9. Be it further enacted, That the sessions of said City Court shall be held in the court-house of Laurens county, in said city of Dublin, or at some other place in said city, if at any time it should be necessary in the opinion of the judge of said City Court. Court room. SEC. 10. 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 cannot, from any cause, preside, then upon 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 Courts, or any judge of any City Court in this State may preside in said City Court of Dublin, in any and all cases, whether the judge of said City Court of Dublin is disqualified or not. Judge superior court. Judge pro hac vice. SEC. 11. 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 two years. All vacancies in said office shall be filled by appointment of the Governor for the remainder of the unexpired term, and should a vacancy occur while the Senate shall not be in session, the Governor shall fill such vacancy by appointment, and shall submit such appointment to the Senate at its next session thereafter. No person shall be appointed solicitor of said City Court unless at the time of his appointment he shall have arrived at the age of twenty-one (21) years, and shall be a resident of said county, and shall be a practicing attorney-at-law before his appointment. Said solicitory, 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 by 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 Dublin; 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,

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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. Qualifications. Bond. Oath. SEC. 12. Be it further enacted, That it shall be the duty of the solicitor of said City Court to represent the State in all cases in said City Court, and in cases carried up to the Supreme Court from said City Court to which the State shall be a party, and shall perform therein such other duties as usually appertain to this office. In case the said solicitor of said City Court cannot 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 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 services and cases in the Superior Courts. For representing the State in every case carried to the Supreme Court from said City Court, fifteen dollars. Duties of. Fees of. SEC. 13. 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 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. For service in supreme court. SEC. 14. 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 one dollar and fifty cents per day. Bailiffs. SEC. 15. 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 his duties as such clerk, said bond to be approved by the judge of said City Court, and the oath and bond shall be recorded in the clerk's office of said City Court, after which the bond shall be deposited in the ordinary's office of said county. Said clerk shall have the same power to administer affidavits and attest deeds and

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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 Laurens county shall be eligible to hold the office of clerk of said City Court, and the judge of said City Court may, if he sees proper, appoint him to that office. Said clerk being appointed by said judge may be also removed from office by said judge whenever in his discretion such removal is deemed necessary. Clerk. SEC. 16. Be it further enacted, That there shall be a sheriff of said City Court, who shall be appointed by the judge of said City Court, and who shall be styled the sheriff of the City Court of Dublin, who shall have the power to appoint a deputy or deputies of said City Court; such appointments shall always be subject to the approval of the judge of said City Court. For service rendered in the discharge of their duties as sheriff and deputy sheriffs of said City Court, they shall be allowed the same fees as are now allowed by law to sheriffs of the Superior Courts of this State, except as is hereinafter provided in this Act. Said sheriff of the City Court shall, before entering on the duties of his office, take and subscribe an oath to faithfully and impartially discharge the duties of his office, and shall also give a bond in good security for the sum of three thousand dollars, to be approved of by the judge of said City Court, which bond and oath shall be recorded on the minutes of the City Court of Dublin, and said bond, after the same has been recorded as aforesaid, shall be deposited in the office of the ordinary of said county. The sheriff of said Laurens county shall be eligible to hold the office of sheriff of the City Court of Laurens county, and may, if the judge sees fit, be appointed to hold said office. Said sheriff, being appointed by the judge, shall hold his office at the pleasure of the judge, and may be removed by said judge at any time, and his successor in like manner appointed by said judge. Sheriff SEC. 17. Be it further enacted, That in said City Court the same rules of procedure, service, pleadings and practice shall govern, as for the time being obtain in the Superior Court, except as otherwise provided in this Act; and whenever and in all cases where the rules of the Superior Courts cannot be made applicable on account of the difference in the constitution of said courts, then the said City Court judge may make and promulgate rules to govern 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

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defense is filed on oath, and a jury is demanded, such case shall be transferred to the next quarterly 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 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 City Court shall be a lien on all the property of the defendants throughout the State in the same manner as judgments of the Superior Court are. All laws upon the subject of attachment and garnishment in the Superior Courts of this State shall apply to said City Court so far as the nature of the City Court shall 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 Dublin 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 constables of this State 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. Proceedings in. SEC. 18. Be it further enacted, That suits in said City Court shall in all respects be conformable to the mode of proceeding 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 the City Court of Dublin. The general laws of this State with regard to the commencement of suits in the Superior Courts, defenses, set-offs, affidavits of illegality, arbitration, examination 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 of the proceedings. Parties may make defenses on all grounds, whether legal or equitable. Proceedings in.

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SEC. 19. 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 first Mondays in March, June, September and December; 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 sheriff's sales are published; such terms to be as nearly equidistant as convenience will admit. 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 term, whether court has been held from day to day until said time or not. Terms of. SEC. 20. 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. Judgments of. SEC. 21. Be it further enacted, That traverse jurors in the City Court of Dublin shall be procured in the following manner: The clerk of the Superior Court, who shall be the ex officio clerk of the City Court of Dublin, or his deputy for said City Court of Dublin, shall provide a City Court jury box, similar to the traverse jury list of the Superior Court, and shall write upon separate sheets of paper, or cards, the names of each person upon the grand jury list of the Superior Court, and each person upon the traverse jury list of the Superior Court, and shall place said names of all persons upon said Superior Court list in the City Court jury box, from which shall be drawn transverse jurors to serve in the City Court of Dublin. All laws with reference to the drawing and summoning and impaneling of traverse jurors in the Superior Courts shall apply to the City Court of Dublin, except the judge of said City Court shall only draw 24 jurors out of said box to serve, which shall constitute two panels and shall be numbered one and two, and the sheriff of said City Court shall only receive five dollars for summoning said jury, and said judge of the City Court of Dublin shall have the power to summons as many jurors instanter as is necessary for the trial of any case in said City Court when one or more panels shall be out on any case when another jury case is called and parties thereto announce ready. Jurors in the City Court of Dublin shall receive the same pay and be paid in the same manner and under the same rules and regulations as as jurors in the Superior Courts are paid, or hereafter may be paid. Traverse jurors. SEC. 22. Be it further enacted, That all laws with reference to

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the qualification, impaneling, challenging, and fining of jurors now of force or hereafter enacted, regulating the same in the Superior Courts, shall apply to and be observed in said City Court, except when inconsistent with this Act. In all cases where issues are to be tried by jury, the parties shall be entitled to a full panel of twenty-four from which to strike. In civil cases each party shall be entitled to six peremptory challenges, and in criminal cases the defendant shall be entitled to seven peremptory strikes and the State five, and all laws governing the selection of jurors in the Superior Courts shall apply to the City Court of Dublin, except when they are inconsistent with the provisions of this Act. And during the session of each quarterly term of said court, the judge presiding in said court shall in open court draw from the jury box provided for that purpose twenty-four jurors, who shall constitute 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 some other time. The sheriff of said City Court shall be entitled to a fee of five dollars for summoning jurors to quarterly terms. Jury trials. SEC. 23. 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 in the Superior Court; and for suits brought to the monthly term, 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 additional 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 term, two dollars; for all other service, the same fees as clerks of the Superior Courts in Superior Courts. The sheriff of said City Court shall be entitled to the same fees as sheriffs of the county, except in cases brought to the monthly terms he shall be entitled to only one dollar for serving the defendant, and if more than one defendant, one dollar for each of them, and same fees allowed constables for seeling property under executions from the monthly terms, and and two dollars per day for attendance upon the quarterly terms. Clerk, fees of. Sheriff, fees of. SEC. 24. Be it further enacted, That sales made under executions 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

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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 or his lawful deputy, and directed to the sheriff and his deputies of Laurens county and the sheriff of the City Court of Dublin. Sales under execution from. SEC. 25. 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 terms 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 17 of this Act. In claim cases and all other cases where the cases are triable by law at the first term of the quarterly sessions of said City Court, the parties on either side may demand a jury to try such cases at the first day of such term. Trials in civil cases. SEC. 26. 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 person charged with penal offenses or by prosecutor to prosecute, or by a witness to appear and testify in cases in said court in the manner heretofore practiced in this State, whatever may be the amount of such bonds or recognizances, 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 and disposed of at the next monthly term of said court, sitting not less than fifteen days after the granting of such rule; provided, that said rule must be served at least ten days before said term, and where the amount of the bond is over one hundred dollars, the rule shall be made returnable to and 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. Claim cases. Forfeiture of bonds. SEC. 27. Be it further enacted, That scire facias to make parties and waive judgments may be had as in the Superior Court, but such scire facias shall run through the State, and may be served by any sheriff or his deputy thereof. Parties. SEC. 28. Be it further enacted, That any writ or process of said court to be served in any other county than Laurens shall be served

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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 on non-residents. SEC. 29. Be it further enacted, That all suits against joint obligors, joint promisors, copartners or joint trespassers, in which any one or more reside in the county of Laurens, may be brought in said City 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 [Illegible Text] etc. SEC. 30. Be it further enacted, That said City Court shall be a court of record with a seal, and the minutes, stationary 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 of Laurens on the order of said judge. Court of record. SEC. 31. 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. Practice. SEC. 32. Be it further enacted, That when any execution issued from said City Court of Dublin 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 Courts. Claims to realty. SEC. 33. Be it further enacted, That all laws now of force in this State, or that may be passed with reference to any matters over which said City Court of Dublin has jurisdiction, shall apply to said City Court so far as the nature of same will admit. SEC. 34. Be it further enacted, That all cases, civil and criminal, now pending and undisposed of in the City Court of Laurens county, shall be, and the same are, hereby transferred to said City Court of Dublin; all dockets, records, books and papers of the City Court of Laurens county shall be turned over to be used and disposed of by the City Court of Dublin. The judge and other officers of the City Court of Dublin shall have power to issue and enforce in the name of the City Court of Dublin any and all processes in any case from the City Court of Laurens county necessary to the final disposition of the same, which from any cause have not been issued and enforced by the officers of said City Court of Laurens county. All final and other processes heretofore issued returnable to the City Court of Laurens county shall be returnable to the City Court of Dublin. All fi. fas. and final processes not satisfied, issued from the City Court of Laurens county

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may be levied and enforced by the officers of and in the same manner as similar papers from the City Court of Dublin. This transfer and disposition to include all cases, matters and processes of whatever nature originating in the City Court of Laurens County and which are yet undisposed of and unfinished. Transfers from city court of Laurens county. SEC. 35. Be it further enacted, That it shall be the duty of all committing courts in Laurens 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 Laurens 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 its jurisdiction, it shall be the duty of the jailer 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 permit. Said City Court shall all the time be open for the trial of criminal cases. Commitments and trials. SEC. 36. Be it further enacted, That all criminal cases in said court, including cases transferred from the Superior Court of Laurens 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 require of the defendant or his attorney 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 City Court shall proceed to hear and determine such criminal cause without a jury; provided, always, that a reasonable time shall be granted the State or defendant to procure witnesses. Jury trials in criminal cases. SEC. 37. 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 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 Laurens county. All the proceedings after accusation shall conform to the rules governing like cases in the Superior

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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 pleadings 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 investigations. Accusation SEC. 38. 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 on said City Court at its first monthly terms sitting after such bill is transferred. Transfers from superior court. SEC. 39. Be it further enacted, That in misdemeanor cases transferred from the Superior Court to the City Court of Dublin, the costs of the solicitor-general of the circuit shall be five dollars, to be collected and paid as other costs in the City Court. Solicitor-general, fees of. SEC. 40. Be it further enacted, 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 City Court shall distribute said fines and forfeitures 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 City Court, the justices of the peace and constables on their bills for insolvent costs; fines and forfeitures arising from cases transferred from the Superior to said City Court shall be prorated among the solicitor, sheriff and clerk of said City Court, and the solicitor, sheriff and clerk of the Superior Court, and the justice 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 cost funds arising from cases originating in the said City Court, after paying all insolvent costs on cases originating in said City Court, the same shall be applied to insolvent costs in cases originating in the said City Court. The judge of said 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 costs shall be a lien on funds arising from fines and forfeitures in said court superior to all other liens. Fines and forfeitures.

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SEC. 41. Be it further enacted, That if this Act shall become a law prior to the first Monday in December, 1900, which is the next term of said City Court of Laurens county, and the officials of said City Court of Dublin shall have qualified by that time, then the first term of the City Court of Dublin shall be held on the first Monday in December, 1900, and the jurors drawn for said term of the City Court of Laurens county shall be competent to serve at that time in said City Court of Dublin; provided, if this Act shall become a law prior to the said first Monday in December, 1900, but the officials of said court have not qualified as such, then the jurors drawn to said term of said City Court of Laurens county shall attend and serve at the March, 1901, quarterly term of said City Court of Dublin; 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 of said court. SEC. 42. Be it further enacted, That there shall be a stenographer of said City Court of Dublin, 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 service in the Superior Courts, to be paid by the plaintiff and the 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 the payment of his fees as in the Superior Courts. Said stenographers shall also report all criminal cases when either the defendant or the State's attorney demand it, and whenever the judge in his discretion shall require any criminal cases reported, whether either party demands it or not. Said stenographer shall be paid for his service in reporting all criminal cases five dollars for each day's work while actually engaged in reporting and transcribing his stenographic notes. In case of acquittal of the defendant, and in case no motion is made for new trial or bill of exceptions sued out to the Superior Court, said stenographer shall receive no compensation for transcribing his notes in such cases. Stenographer. SEC. 43. Be it further enacted, That the City Court of Laurens county shall be, and the same is, abolished immediately upon the approval of this Act establishing the City Court of Dublin, and not until then. City court of Laurens county abolished. SEC. 44. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 6, 1900.

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CITY COURT OF EARLY COUNTY ESTABLISHED. No. 140. An Act to create a City Court for the county of Early; to provide for the appointment of a judge and solicitor and other officers therefor; to define its powers, jurisdiction, procedure and practice, 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 Early county be, and the same is, hereby created and established, to be organized, located and held in the county site of said county, with jurisdiction, civil and criminal, over the said county of Early, save where exclusive jurisdiction is vested in the Superior Court; provided, said City Court shall not have power to correct errors in inferior courts by writ of certiorari, nor to issue writs of mandamus, prohibition, quo warranto or to foreclose mortgages on real estate; provided further, the civil jurisdiction of said court shall not extend outside the militia district of the county site of said county where the principal sum claimed shall be fifty dollars or less. City Court of Early county, jurisdiction. SEC. 2. Be it further enacted, That by and with the advice and consent of the Senate, the Governor shall appoint a judge of such court, whose term shall be four years. If the Senate be not in session at the time of the appointment, the appointment shall be subject to the approval of the Senate at its next session. All vacancies shall be filled by the Governor for the unexpired term. The judge shall be at least twenty-seven years of age, must have been a resident of the county for at least two years immediately preceding his appointment, and a practising attorney for five years preceding his appointment. He shall be clothed with the powers of a magistrate, as given by the laws of Georgia, to issue criminal warrants, hold committal courts, and to perform generally all the duties of a magistrate under the laws of Georgia. Judge. SEC. 3. Be it further enacted, That by and with advice and consent of the Senate the Governor shall appoint a solicitor of said court, whose term shall be four years. If the Senate be not in session at the time of the appointment, the appointment shall be subject to the approval of the Senate at its next session. All vacancies shall be filled by the appointment of the Governor. Said solicitor shall be at least twenty-one years of age, must have been a resident of the county two years immediately preceding his appointment,

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and a practising attorney for three years preceding his appointment. In addition to his duties as prosecuting attorney in said court, he shall represent the State in all criminal cases carried to the Superior Court by certiorari and from thence to the Supreme Court by bill of exceptions. Before entering upon the duties of his office he shall give bond and security, to be approved by the judge of said court, in the sum of five hundred dollars, and take and subscribe an oath to faithfully and impartially perform the duties of his office. Solicitor. SEC. 4. Be it further enacted, That the terms of said City Court shall be monthly and quarterly. The monthly terms of said court shall begin on the third Tuesday in each month, and the quarterly sessions shall begin on the third Tuesday in the months of March, June, September and December. The judge of said court shall have powr to hold said court in session from day to day for a period not longer than five days from the beginning of each term, or he may adjourn the same to any day designated by him. Said judge shall also have power to call special terms of said court at any time for the disposal of criminal business by an order entered on minutes of said court at least ten days before such special term convenes, and he may order the jurors drawn at the last preceding regular term of said court to serve at said special term of court, or he may draw a jury for such special term; provided, that said court shall be open at all times for the disposal of criminal business where jury trial is waived. At the monthly sessions of said court it may entertain jurisdiction on all civil matters where the principal sum claimed or the damages do not exceed one hundred dollars. And at the quarterly sessions it shall have jurisdiction of suits where the principal amount or damage exceed one hundred dollars. Judgments for one hundred dollars or less may be had at the first term where there is no defense made to the suit before or at the call of the docket. If such defense is made, and the [Illegible Text] is present, consenting thereto, the case may be heard at the first term. Otherwise the case shall be postponed for trial to the next term of said court; provided, that if either party demand a jury trial the case shall be postponed to the next quarterly session; except that if the demand be made at a quarterly session, in which event the case may proceed to trial subject to the conditions above set out. In suits for one hundred dollars or less it shall only be necessary to file the suits in the office of the clerk and to serve the defendant ten days preceding the return of the suit. Terms of said court, and trials in. SEC. 5. Be it further enacted, That the fees of the judge of said court shall be as follows: In civil cases where the principal sum claimed is fifty dollars or less, one dollar; where the principal sum

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claimed exceeds fifty dollars and is not more than one hundred dollars, two dollars; where the principal sum claimed is more than one hundred dollars and does not exceed three hundred dollars, three dollars; where the principal sum claimed is more than three hundred dollars and does not exceed five hundred dollars, five dollars; all in excess of five hundred dollars, five dollars. For the foreclosure of mortgages where the principal sum claimed does not exceed one hundred dollars, two dollars; where in excess of one hundred dollars, three dollars; for proceedings for the partition of personalty, removal of intruders and tenants holding over, the trial of possessory warrants answering certiorari, and all other matters submitted to and passed upon by him not herein otherwise provided, the sum of three dollars. In criminal cases, for every case tried or where as plea of guilty is filed, five dollars; for issuing criminal warrants and holding committal courts, the same fees shall be allowed as are allowed justices of the peace for similar services. Judge, fees of. SEC. 6. Be it further enacted, That the fees of the clerk of said court shall be as follows: In all criminal cases tried, or where a plea of guilty is filed, two dollars, which shall include his whole fees, exclusive of subp[oelig]nas. In civil cases he shall be allowed, where suits are for five hundred dollars or less for filing declaration and docketing case, twenty-five cents; for issuing writ and making copy, fifty cents; each additional copy, twenty-five cents; each subp[oelig]na, fifteen cents; subp[oelig]na duces tecum, twenty-five cents; each commission to take testimony, fifty cents; recording judgment proceedings, twenty-five cents; each claim case, one dollar; issuing and docketing fi. fa., fifty cents; each lien foreclosure, one dollar; filing proceedings in possessory warrants, one dollar; docketing distress or other warrants not provided for, twenty-five cents; provided further, that when the account sued for or involved is one hundred dollars or less, the entire cost of the clerk shall not exceed two dollars; for amounts over five hundred dollars the clerk shall be entitled to the same costs as clerks of the Superior Court. Clerk, fees of. SEC. 7. Be it further enacted, The sheriff of said court shall receive as his costs in criminal cases the same fees as are allowed him for said service in the Superior Court. In civil cases where the amount claimed exceeds one hundred dollars, the same fees as allowed the sheriff of the Superior Court; where the amount claimed or involved is less than one hundred dollars, the said sheriff shall receive for his services one half the fees received for the same service in the Superior Court. Sheriff, fees of. SEC. 8. When the principal sum claimed is fifty dollars or less, that in no case shall the plaintiff recover of the defendant as costs more than is recoverable in the justice courts as costs.

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SEC. 9. Be it further enacted, That in each criminal case tried before a jury there shall be assessed the sum of five dollars as jury fee, which cost bill shall participate in the fines and forfeitures which are applied to insolvent costs, and all amounts collected and arising under this item shall be paid to the county treasurer. Jury fee. SEC. 10. Be it further enacted, That the clerk of said court before entering upon the duties of his office shall give bond in the sum of five hundred dollars, to be approved by the judge of said court, and take and subscribe an oath before said judge to faithfully and impartially perform the duties of his office. Clerk, bond and oath. SEC. 11. Be it further enacted, That all criminal cases tried in said City Court shall be upon a written accusation, unless upon an indictment or presentment. Such accusation shall set forth plainly the offense charged, and shall conform as to all matters of substance with the rules of criminal pleading that prevail in the Superior Courts. Such accusation shall be based upon an affidavit made before the judge of said court or before some other competent judicial officer of this State. The said accusation shall be signed by the solicitor of said court or the attorney representing the State, and having indorsed thereon the name of the prosecutor, if any. Upon such accusation being filed in the clerk's office of said court the defendant shall be asked by the judge whether he waives trial by jury. If he answers yes, the judge shall proceed to try and determine said case. But if the defendant shall answer no, or stand mute, the judge shall commit him for trial at the next regular term or special term, in all cases allowing bail to the defendant to be fixed by said judge. Defendant shall in no case be allowed to demand indictment by the grand jury as a condition precedent to trial. Accusation. SEC. 12. Be it further enacted, That the powers conferred upon the judges of the County Courts of this State as set forth in section 4208 of the Code of 1895 be, and are, hereby conferred upon the judge of the City Court of Early county. Judge, powers of. SEC. 13. Be it further enacted, That the provisions of sections 2, 7, 8, 10, 11, 12, 13, 16, 17, 18, 19, 20, 21, 24, 25, 26, 28, 29, 33, 34, 35 and 36 of an Act of the General Assembly of the State of Georgia, approved December 15, 1897, and entitled an Act to establish a City Court of Camilla in the county of Mitchell, to define its powers and jurisdiction, to provide for the appointment of a judge and other officers thereof, to define their power and duties, and to abolish the present City Court of Mitchell county, and for other purposes, be, and the same are, hereby made applicable to the City Court of Early county. City court of Camilla, law of, applicable. SEC. 14. Be it further enacted, That sections 4273, 4280, 4285, 4296, 4299, 4300, 4302, 4303, 4304, 4305, 4308 and 4309 of the

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Civil Code of Georgia of 1895 are made applicable in their provisions to the City Court of Early county. Code, sections of, applicable. SEC. 15. Be it further enacted, That the provisions of sections 775, 779 and 1102 be, and are, hereby made applicable to the City Court of Early county. SEC. 16. Be it further enacted, That all dockets and record books necessary to the City Court of Early be furnished by the proper authorities of Early county. Records. SEC. 17. Be it further enacted, That a writ of error shall not lie to the Supreme Court from the City Court of Early county. Writ of error. SEC. 18. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 19, 1900. CITY COURT OF ELBERTON, JUDGE'S SALARY, ETC. No. 30. An Act to amend an Act entitled an Act to establish the City Court of Elberton in Elbert county; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein and writs of error therefrom, and for other purposes, so as to increase the salary of the judge to fifteen hundred dollars, and to provide for hiring out the convicts and disposing thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act an Act entitled an Act to establish the City Court of Elberton in Elbert county, to define its jurisdiction and powers, to provide for the appointment of a judge and other officers thereof, and to define their powers and duties, to provide for pleading and practice and new trials therein and writs of error therefrom, and for other purposes, be, and the same is, hereby amended by striking from the eighth line of the fourth section thereof the words one thousand and inserting in lieu thereof the words fifteen hundred; so that said section, when so amended, shall read as follows, to wit: There shall be a judge of said City Court of Elberton who shall be appointed by the Governor, by and with the advice and consent of the Senate, whose term of office shall be four years, and all vacancies in said office shall be filled by appointment of the Governor for the residue of

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the unexpired term, such appointment being subject to the approval of the Senate which may be then in session, or if the Senate be not in session at the time of such appointment or shall fail to act, then subject to the approval of the Senate at its next session thereafter; provided, that the judge first appointed under this Act shall, if the Senate be not in session or shall fail to act, hold and fill the office subject to the approval of the Senate at the next session thereafter. The judge of said City Court of Elberton shall receive a salary of fifteen 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 Elbert. City court of Elberton Judge, salary of. SEC. 2. Be it further enacted by the authority aforesaid, That section 35 of said Act, which reads as follows: That the judge of said City Court shall have power and authority to hire out the convicts of said City Court under and subject to the laws and regulations governing the hiring out of misdemeanor convicts in this State, and the money arising from such hire shall constitute a part of the insolvent fund of said court and shall be paid out by said judge, together with fines and forfeitures, as provided in section 36 of this Act, be, and the same is, hereby repealed, and the following enacted in lieu thereof, so that said section 35 shall read as follows, to wit: Hire of convicts. That from and after the passage of this Act the commissioners of roads and revenues of Elbert county shall have control of the convicts of the City Court of Elberton, and may work them in a chain-gang in said county, or hire them out to be worked in a chaingang in accordance with law, for cash in advance and upon such terms as they may see fit; provided, that if said commissioners shall hire out said convicts, they shall pay one half of the hire into the county treasury and the other half to the judge of the City Court, who shall pay out the same together with fines and forfeitures, as provided in section 36 of this Act; and provided further, that if said convicts shall be worked by the State or under its supervision under any general law to be passed by the General Assembly, and any hire shall be paid therefor by the State, the same shall be divided between the county treasury and the insolvent fund of the City Court as provided in this section. How disbursed. SEC. 3. Be it further enacted, That all laws in conflict with this Act be, and they are, hereby repealed. Approved December 1, 1900.

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CITY COURT OF GRIFFIN, SOLICITOR, TERM OF, ETC. No. 100. An Act to amend an Act entitled an Act to establish the City Court of Griffin in Spalding county; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof, and define their duties and powers; to provide for pleading and practice and new trials therein and for carrying cases direct from said court to the Supreme Court by bill of exception or writ of error, and for other purposes, approved December 11th, 1897, so that the solicitor of said court shall be appointed by the Governor of Georgia instead of the judge of said court, and that the term of office of said solicitor shall be two years, 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, that the words judge thereof, in the third line of section 5 of said Act establishing the City Court of Griffin in Spalding county, be stricken and the words Governor of Georgia be inserted in lieu thereof; and further that the words judge of said court, in the fourth line of said section 5, be stricken and the words Governor of said State be inserted in lieu thereof, so that said section, when amended, shall read as follows: City court of Griffin. Be it enacted by authority aforesaid, That there shall be a solicitor of said City Court of Griffin, to be appointed by the Governor of Georgia, whose term of office shall be two years. The Governor of said State shall have the right to remove said solicitor and appoint his successor at any time he should deem it proper to do so. The fees of said solicitor shall be as follows: For every case finally disposed of in said court founded upon accusation, $10.00. For every indictment or special presentment finally disposed of in said court, $5.00. For every case of the violation of the gambling law of the State, $25.00. For representing the State in cases carried to the Supreme Court, $15.00. Said solicitor for his services in the Supreme Court shall be paid out of the treasury of the State by warrant drawn by the Governor upon certificate of the clerk of the Supreme Court as to the performance of such services, and 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 does not provide, said solicitor shall receive same fees as are now

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allowed for similar service in the Superior Court. The solicitor of the Flynt circuit shall have the right to prosecute those cases transferred from the Superior Court to the City Court and collect his fees for the same therefrom. The solicitor of the City Court of Griffin before entering upon the duties 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 $1,000.00, 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 reqired 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 Griffin; 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. It 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. Bond. Oath. SEC. 2. Be it further enacted by authority aforesaid, That the judge of said City Court shall have the right to appoint a special bailiff of said court, whose duties, powers and compensation shall be the same as now allowed bailiffs of the Superior Courts; said compensation to be paid out of the county treasury of Spalding county upon order of said court. Said bailiff's term of office shall be for two (2) years, and before entering upon the duties of said office shall give a good bond in the sum of five hundred dollars, conditioned to account for all moneys which may come into his hands as bailiff; said bond to be given to the Governor and his successors in office to be approved by the judge of the said court. Said bailiff shall take and subscribe to the oath now required by law; said oath and bond to be entered on the minutes of the said court by the clerk, and may be sued on by any person interested. Bailiff. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1900.

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CITY COURT OF GREENVILLE, TRANSFER OF CASES, ETC. No. 81. An Act to amend section 32 of 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, approved December 13th, 1899, so as to provide for the transfer of cases from the Superior Court to the said City Court, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That section 32 of 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, approved December 13, 1899, be, and the same is, hereby amended as follows: by striking from section 32 of said Act the words 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, so that said section, when so amended, shall read as follows: City court of Greenville. Sec. 32. 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 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. Solicitor-general, fees of, in transferred cases. SEC. 2. 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 13, 1900.

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CITY COURT OF LAGRANGE, JURISDICTION, ETC. No. 26. An Act to amend an Act entitled an Act to establish the City Court of LaGrange, in Troup county; to define its jurisdiction and power; to provide for the appointment of a judge and other officers thereof, and to define their powers and duties; to provide for pleading and practising 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, approved December 19, 1899, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section second of the Act approved December 19, 1899, establishing the City Court of LaGrange, the same be, and the same is, hereby amended by adding the following: provided, that the said City Court shall not have jurisdiction in militia districts, other than the LaGrange district, of cases in which the principal sum involved is less than fifty dollars, and of which the justice courts have jurisdiction; so that said section 2 of said Act, when amended, shall read as follows: 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 costs; and provided, that the said City Court shall not have jurisdiction in militia districts other than the LaGrange district, of cases in which the principal sum involved is less than fifty dollars, and of which the justice courts have jurisdiction, provided that nothing herein contained shall affect any cases now pending in said court. City Court of LaGrange jurisdiction. SEC. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, That section 6 of the above recited Act establishing said City Court be, and the same is, hereby amended by striking out the words two years in the twelfth line of said section and inserting in the place thereof the words one year, and by striking out the words four years in the fourteenth line of said section as published in the Georgia Laws of 1899, and inserting in lieu thereof the words one year,

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so that the portion of said section proposed to be amended instead of reading as it now does, 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 practising attorney for at least four years, shall read as follows: 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 one year immediately preceding his appointment, and shall have been a practising attorney for at least one year. Solicitor, qualification. SEC. 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, That section 7 of the above recited Act establishing the City Court of LaGrange be, and the same is, hereby amended by striking out the said section and inserting in lieu thereof the following: That the clerk of the Superior Court of Troup county shall be ex officio clerk of the said court. The duties of the said clerk of the City Court in said City Court shall be the same in all respects as the duties of the clerk of the Superior Court in said Superior Court, so far as the same may be applicable. The fees of the clerk of said City Court shall be the same as are now or may be hereafter allowed the clerk of the Superior Court, except in criminal cases he shall receive only $3.00, and except in civil cases where the amount involved is $500.00 or less he shall receive the following fees: For filing and docketing suit, 50 cents; issuing process and making copy, 50 cents, and 15 cents per hundred words; for each additional copy, 15 cents per hundred words; filing pleas, demurrers and traverses, 50 cents; entering verdict on minutes, 50 cents; entering judgment on minutes, 50 cents; recording proceedings in all cases, 15 cents per hundred words; filing and docketing motions for new trial, 50 cents; filing and docketing bill of exceptions, 50 cents; making copy of same and transcript of record, 15 cents per hundred words; filing garnishment proceedings, 50 cents; recording proceedings in same, 15 cents per hundred words; issuing subp[oelig]na, 15 cents; subp[oelig]na duces tecum, 25 cents; commission to take testimony, 50 cents; each claim case, $2.00; issuing and docketing fi. fa., 50 cents; for foreclosing a lien, $1.00; filing, docketing and recording proceedings in possessory warrant cases, $2.00; filing and docketing search warrant, 50 cents; filing and docketing distress or other warrant not provided for, 50 cents; for other service required of him by order of the judge or rule of court, such compensation as the judge of said court may allow him by standing

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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 of his services. For his services at the regular term of said court he shall receive $2.00 per day; provided further, that 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 Courts of Troup county. Clerk. Fees. SEC. 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, That section 15 of the above recited Act establishing said City Court be, and the same is, hereby amended by inserting between the words court and upon in the sixth line of said section, as published in the Georgia Laws of 1899, the following words: In all cases where the principal sum claimed does not exceed fifty dollars and in all criminal cases, and further by striking out the words five days in the seventh line of the same section of said Act, and inserting in lieu thereof the words on or; so that said section, when amended, shall read as follows: 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 therein; provided, always, that either party in any cause shall be entitled to a trial by jury in said court in all cases where the principal sum claimed exceeds fifty dollars and in all criminal cases, upon entering a demand therefor by himself or attorney in writing on or before the call of the docket the first day of the term of said court at the term to which said cause is returnable, in all cases in which said party is entitled to a trial by jury under the constitution and the laws of this State, provided that nothing herein contained shall affect any case now pending in said court. All jury cases, criminal and civil, shall be tried at the quarterly term. Jury trials. SEC. 5. Be it further enacted by the authority aforesaid, That section 18 of the above recited Act establishing said City Court be, and the same is, hereby amended by striking the words and attorney's fees and all issues where not over one hundred dollars is involved may, in the tenth and eleventh lines of said section, and inserting in lieu thereof the word shall, so that the portion of said section proposed to be amended shall read as follows: Suits for not over one hundred dollars principal shall be made returnable to the monthly sessions of said court and stand for trial at the first term. Jurisdiction of monthly sessions.

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SEC. 6. Be it further enacted by the authority aforesaid, That section 21 of the above recited Act establishing the said City Court be, and the same is, hereby amended by adding the words founded on affidavits after the words in said City Court and before the words setting forth, in the third line of said section, as published in the Georgia Laws of 1899, so that said section as amended shall read as follows: Defendants in criminal cases may be tried on written accusations in said City Court, founded on affidavits setting forth plainly the offense charged, which accusation shall be signed by the prosecutor or the prosecuting officer of said City Court. Accusation SEC. 7. Be it further enacted by the authority aforesaid, That the above recited Act establishing the said City Court be, and the same is, hereby amended by adding the following: The said City Court shall be a court of record, and the clerk of said court shall be required to record all proceedings of said court in the same manner as clerks of superior courts are required to record similar proceedings in the Superior Court. Court of record. SEC. 8. Be it further enacted by the authority aforesaid, That the above recited Act establishing the said City Court be, and the same is, hereby amended by adding the following: The judge of the City Court of LaGrange shall have the power and authority to hear and abate all nuisances in the county of Troup, whether arising in an incorporated town or city, or in the county outside of said town or city. The proceedings shall be based upon the affidavits of two or more freeholders, setting forth clearly the hurt, damage, inconvenience or annoyance complained of, and the subsequent proceedings shall be in the same manner as those provided in the Civil Code of 1895 for the hearing and abatement of nuisances by the ordinary. Abatement of nuisances. SEC. 9. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 30, 1900.

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CITY COURT OF MACON, PROCEEDINGS IN, ETC. No. 60. An Act to amend an Act entitled an Act to establish the City Court of Macon in and for the county of Bibb; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define their powers and duties, and for other purposes, approved August 14th, 1885, so as to provide that defendants in criminal cases in said City Court shall not have the right to indictment by the grand juries of said county, and to regulate the mode of trials of defendants in criminal cases in said court, to change and regulate the practice of returning and trying civil cases in said court, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act entitled an Act to establish the City Court of Macon in and for the county of Bibb; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define their powers and duties, and for other purposes, approved August 14th, 1885, be, and the same is, hereby amended, by striking out all of that portion of section 30 of said Act beginning with the word before in the twelfth (12) line of said section down to and including the word court in the twenty-ninth (29) line of said section, the said portion of said section hereby stricken out being in terms and words as follows, to wit: Before the arraignment of the defendant the said judge shall inquire of him whether he demands an indictment, and the response of the defendant shall be indorsed on said accusation and signed by the prosecuting officer in said court. If the defendant demands indictment or stands mute, the judge of said court shall, in the event of the inability of the defendant to furnish proper bail, which shall be required for his appearance to answer such indictment as may be found against him, conformable to the general law of bail in criminal cases, commit said defendant to the common jail of said county to await the action of the grand jury in such case. In the event a true bill is found or special presentment made in such case, and returned to said City Court of Macon, all subsequent proceedings shall be in conformity with the laws regulating the trials of misdemeanors in the Superior Courts. If the defendant waives indictment the judge of said court shall inquire of him whether he demands a trial by jury and the response of the defendant shall be

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indorsed on said accusation and signed by the prosecuting officer in said court. Said section 30 is hereby further amended by striking from said section the words or stands mute in the twenty-ninth (29) and thirtieth (30) lines of said section between the word jury in said twenty-ninth (29) line and the word the in said thirtieth (30) line. Said section 30 is hereby further amended by striking out the word if in the thirty-seventh (37) line of said section between the word court in said thirty-seventh (37) line, and inserting in lieu thereof the word unless, and by striking out of said thirty-seventh (37) line of said section the word waives between the word defendant and the word trial in said thirty-seventh (37) line and inserting in lieu thereof the word demand. Said section 30 is hereby further amended by striking out the word then between the word jury and the word the in said thirty-seventh (37) line; so that said section 30 of said Act as hereby amended shall read as follows, to wit: Section 30. Be it further enacted, that the defendants in criminal cases in said City Court of Macon may be tried on written accusation setting forth plainly the offense charged, founded on affidavit made by the prosecutor; said affidavit shall be made before said judge and 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 Macon or his deputy, and to all and singular the sheriffs and constables of said State. 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 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. Unless the defendant demands trial by jury, 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 Macon, sec. 30 of Act establishing amended. Section 30 as amended. SEC. 2. Be it further enacted by the authority aforesaid, That in all criminal cases within the jurisdiction of the said City Court of Macon the defendant shall not have the right to demand an indictment by the grand jury of the county of Bibb. Indictment SEC. 3. Be it further enacted by the authority aforesaid, That

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said Act be, and the same is, hereby further amended by adding to section 31 the following words, to wit: That where said judge of the Superior Court shall require the clerk of the Superior Court to transmit said presentments and bills of indictments to said city court from the Superior Court, that said clerk of the Superior Court shall receive from the county treasurer of said county six dollars for each presentment and indictment so transmitted, to be paid upon the order of the judge of the said Superior Court. The proceedings in said City Court in causes so transmitted shall be as provided for the trial of accusations in section 30 of said Act as herein amended; so that said section 31 of said Act as hereby amended shall read as follows, to wit: Section 31. Be it further enacted, That the judge of the Superior Court may send down from the Superior Court of Bibb county all presentments and bills of indictments for misdemeanors to said city courts for trial, the order so transmitting such cases to be entered on the minutes of both of said courts. That where said judge of the Superior Court shall require the clerk of the Superior Court to transmit said presentments and bills of indictments to said city court from the Superior Court, that said clerk of the Superior Court shall receive from the county treasurer of said county six dollars for each presentment and indictment so transmitted, to be paid upon the order of the judge of the said Superior Court. The proceedings in said City Court in causes so transmitted shall be as provided for the trial of accusations in section 30 of said Act as herein amended. Section 31 amended. Clerk superior court, fees of in cases transferred. SEC. 4. Be it further enacted by the authority aforesaid, That the said Act be, and the same is, hereby further amended by striking out all of section 41 except the first two lines of the same, the part of said section 41 hereby stricken out being in terms and words as follows, to wit: The second shall be the trial or judgment term, and all the laws, rules and practise in said court with reference to the terms thereof and to the continuances, pleadings and trials of causes therein shall be the same as in the Superior Court, unless otherwise provided in this Act, and inserting in lieu thereof the following, to wit: and it shall also be the trial and judgment term in such causes in which no answer has been filed prior to the second Saturday in said term. The second term of said court shall be the trial or judgment term in all causes in which an answer is filed before said second Saturday in said first term. The appearance docket shall be in order to be called on and after the second Saturday of each regular term of said court. In all causes in which no answer is filed as hereinbefore provided the judge, on such call of the appearance docket, shall mark the same In default. All cases so marked shall thereby be then ripe for trial

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and judgment. After the rendition of final judgment in a case so marked In default, all right of opening such default shall terminate; so that said section 41 as hereby amended shall read as follows, to wit: Section 41. Be it further enacted, That the first term of said court to which a case is brought shall be the appearance or return term; and it shall also be the trial and judgment term in such causes in which no answer has been filed prior to the second Saturday in said term. The second term of said court shall be trial or judgment term in all causes in which an answer is filed before said second Saturday in said first term. The appearance docket shall be in order to be called on and after the second Saturday of each regular term of said court. In all causes in which no answer is filed as hereinbefore provided, the judge, on such call of the appearance docket, shall mark the same In default. All cases so marked shall thereby be then ripe for trial and judgment. After the rendition of final judgment in a cause so makred In default, all right of opening such default shall terminate. Section 41 amended. Practise. SEC. 5. Be it further enacted by the authority aforesaid, That said Act be, and the same is, hereby further amended by adding to section 39 the following words, to wit: except where they are in conflict with the provisions of this Act; so that said section 39 as hereby amended shall read as follows, to wit: Section 39. Be it further enacted That all rules of the Superior Court relating to continuances, motions, pleas and practise shall be applicable to said City Court and shall obtain therein, except where they are in conflict with the provisions of this Act. Section 39 amended. Practise. SEC. 6. Be it further enacted by the authority aforesaid, That the provisions of this amending Act shall not obtain and apply to those civil cases now of file and pending in said City Court of Macon. SEC. 7. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act or any of its provisions be, and the same are, hereby repealed. Approved December 11, 1900.

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CITY COURT OF SAVANNAH, GRAND JURY IN, ABOLISHED. No. 169. An Act to abolish the grand jury in the City Court of Savannah, and for other purpose. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the grand jury in the City Court of Savannah is hereby abolished, and the judge of said court shall be no longer required to draw, have summoned and impanel said jury. City court of Savannah, grand jury in, abolished. SEC. 2. Be it further enacted by the authority of the same, That from and after the passage of this Act no defendant in any criminal case in the City Court of Savannah shall have the right to demand an indictment by a grand jury in said court or by a grand jury of Chatham county. Indictment SEC. 3. 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, 1900. CITY COURT OF SWAINSBORO, JURISDICTION, ETC. No. 161. An Act to amend an Act, approved December 17, 1898, entitled an Act to establish the City Court of Swainsboro in Emanuel county, to define its jurisdiction and powers, and for other purposes, by changing the qualification of the judge, by abolishing the grand jury in said court, by denying the defendant the right to demand an indictment by a grand jury, by giving said court jurisdiction over the entire county in suits for recovery of personal property for all amounts whatsoever, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That section 4 of the above mentioned Act be, and the same is, hereby amended by striking out the word thirty in the third line of said section and inserting in lieu thereof the word twenty-five; also by striking out the word seven in the fifth line of said section and inserting in lieu thereof the word

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five, so that when amended will read as follows: That no one shall be eligible to the office of said judge unless he be at the time of his qualification at least twenty-five years of age, a resident of Emanuel county for four years immediately preceding the appointment, and must have practiced law continually for five years next preceding his appointment. 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 the duties which may be required of me as judge of the City Court of Swainsboro 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. City court of Swainsboro. Judge, qualification. Oath. SEC. 2. Be it further enacted, That section 27 of said Act be, and the same is, hereby stricken from said Act and the following inserted in lieu of the same: Be it further enacted, That in all suits for the recovery of personal property said City Court of Swainsboro shall have jurisdiction for all amounts whatsoever over the entire county. Jurisdiction. SEC. 3. Be it further enacted, That section 33 of said Act be, and the same is, hereby stricken, and that the following be inserted in lieu thereof: That no defendant in a criminal case shall have a right to demand an indictment by a grand jury, and that all criminal trials in said court shall be by the judge and without a jury except when the accused shall in writing demand a jury. A plea to the accusation or indictment by the accused shall be a waiver of the same, and he shall not thereafter have the right to recall such waiver. When a trial by jury is demanded, if at a special session of the court, the case shall be continued to the next regular term of the court, and shall then stand for trial as other jury cases. When on investigation of a case on accusation, the same appears to be a felony, the trial shall be suspended and the defendant committed or bound over to the next Superior Court, as in preliminary examinations. If the judge of said City Court be disqualified in any criminal case transferred from the Superior Court of said county, the said case shall be by said judge transferred to the Superior Court of said county. The judge of the Superior Court of said county is hereby empowered to transfer all misdemeanor cases from said court to said City Court, either in term time or vacation. Indictment Transfers. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 19, 1900.

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CITY COURT OF WAYCROSS, TERMS OF. No. 138. An Act to amend an Act approved December 11, 1897, entitled an Act to establish the City Court of Waycross in and for the county of Ware; 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, by striking the word first and substituting therefor the word second in the second line of the 11th section of said Act, as contained in the published Acts of 1897 of the General Assembly of Georgia, and for other purposes. SECTION 1. It is enacted by authority of the General Assembly of Georgia, That from and after the passage and approval of this Act, the Act approved December 11, 1897, for the establishment of the City Court of Waycross in and for the county of Ware, and other purposes therein stated, be, and the same is, hereby amended by striking the word first in the second line of the 11th section of said Act, and substituting therefor the word second, so that said section as now published by authority of the law in the Acts of 1897 of the Georgia Legislature, when amended, will read as follows: Section 11. Be it further enacted that the terms of said City Court of Waycross shall be held quarterly, beginning on the second Mondays in March, June, September and December of every year. The judge of said court shall have power to hold said court in session and adjourn from time to time, provided that said court shall be finally adjourned at least five days before the next succeeding term. City court of Waycross, Terms of. SEC. 2. Be it further enacted by authority aforesaid, That all processes, subp[oelig]nas and writs returnable to the next ensuing regular term of the said City Court of Waycross shall, and the same are, hereby and by operation of this Act made returnable to said court to be held on the second Monday in March, 1901, in lieu of the first Monday in March, 1901. Return of process, etc. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1900.

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COUNTY COURT OF BUTTS COUNTY ESTABLISHED. No. 33. An Act to establish a County Court for Butts county; to provide for a judge and solicitor of said court; to fix the salary for each, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That from and after the passge of this Act a County Court shall be created and established in and for the county of Butts, with jurisdiction and powers as set forth in the Code of Practice, first title, chapter 3, section 4170 to section 4217 inclusive, Code 1895, and the Acts amendatory thereof, all the provisions of which, except as hereinafter provided, shall apply to the County Court hereby established. County court of Butts. county established SEC. 2. Be it further enacted by the authority aforesaid, That the qualifications of the judge and solicitor of said court shall be the same as the qualifications of the judges and solicitors-general, respectively, of the Superior Courts of this State. Judge and solicitor. SEC. 3. Be it further enacted by the authority aforesaid, That Frank Z. Curry shall be, and he is, hereby named and appointed judge of said County Court, and C. L. Redman is hereby named and appointed solicitor of said County Court, each of whom shall be commissioned by the Governor under the terms of the County Court Act referred to in section 1 of this Act, with terms of office for each to begin the first day of January, 1901, and continue for the full period of four years. The successors to said judge and solicitor shall be elected at the October election in the year 1904, and every four years thereafter as county officers are now elected, and for a term of four years. And in case of vacancy in the office of judge or solicitor by death or resignation, such vacancy shall be filled by an election to be ordered and held as is now provided in case of vacancy in the office of ordinary. Appointment. Election. SEC. 4. Be it further enacted by the authority aforesaid, That said county judge shall receive a salary of four hundred dollars per annum for the trial and disposition of criminal cases, to be paid by the county treasurer out of the county treasury in quarterly installments, without further recommendation of the grand jury of said county, and said solicitor shall receive a salary of three hundred dollars per annum, but he shall not receive any fees for his services in any criminal case; the salary of said solicitor to be paid as hereinbefore provided for the salary of said judge; provided,

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that the salaries aforesaid of the judge and solicitor of said court may, at any time, on recommendation of a majority of the grand jury of said county, be increased, and said increase to be paid as the salary of each is paid as hereinbefore provided, and said increase to begin from the date of the recommendation by the grand jury. Salary. SEC. 5. Be it further enacted by the authority aforesaid, That all moneys coming into said County Court from costs in criminal cases and proceedings and arising from fines and forfeitures, except the fees of the sheriff and bailiff of said court, shall be immediately paid over to the county treasurer and covered into the county treasury. Fines and forfeitures. SEC. 6. Be it further enacted by the authority aforesaid, That said judge shall keep his office and papers in an office in the courthouse of said county, said office to be provided and suitably furnished with necessary books and dockets and blanks by the commissioners of roads and revenues for said county. Judge, office of. SEC. 7. Be it further enacted by the authority aforesaid, That upon the approval of this Act by the Governor said County Court shall go into immediate operation, and that the office of judge and solicitor, from the date of the approval of this act, until January 1st, 1901, shall be filled by the persons hereinbefore named as judge and solicitor respectively, and upon taking the oath of office each shall be commissioned by the Governor as provided aforesaid. SEC. 8. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 4, 1900. COUNTY COURT OF EARLY COUNTY ABOLISHED. No. 142. An Act to abolish the County Court of Early county, and to provide when this Act shall go into effect. SECTION 1. Be it enacted by the General Assembly of Georgia, That the County Court of Early county be abolished. County court of Early county abolished. SEC. 2. Be it further enacted, That this Act shall go into effect from the time of the appointment of a judge and solicitor for a City Court for Early county, and not until then. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 19, 1900.

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COUNTY COURT OF MACON COUNTY, FINES AND FORFEITURES IN. No. 40. An Act to repeal an Act to provide for the disposition of fines and forfeitures arising in the County Court of Macon county, and for other purposes. SECTION 1. Be it anacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, that the Act of the General Assembly, approved December 18, 1884, providing for the disposition of fines and forfeitures arising in the County Court of Macon county, and for other purposes, be, and the same is, hereby repealed. County court of Macon county. Fines and forfeitures. SEC. 2. 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 6, 1900. COUNTY COURT OF SUMTER COUNTY ABOLISHED. No. 6. An Act to abolish the County Court of Sumter county, to provide for the disposition of the matters pending therein, and for other purposes. SECTION 1. Be it enacted by the General Assembly, and it is hereby enacted by the authority of the same, That the County Court of Sumter county be, and the same is, hereby abolished, this Act to take effect January 1, 1901. County court of sumter county abolished. SEC. 2. Be it further enacted, That all suits pending in said County Court on the 1st of January, 1901, shall be transferred to and placed upon the docket of the City Court of Americus; and that all processes, writs, executions and all matters issued from said County Court, which were made returnable to said County Court, are hereby made returnable to said City Court of Americus, which shall be disposed of as the law directs. Suits in transferred to city court of Americus. 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 22, 1900.

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COUNTY COURT OF WALKER COUNTY ABOLISHED. No. 43. An Act to repeal an Act to create a County Court in each county in the State of Georgia, except certain counties therein mentioned, approved January 19, 1872, and all Acts amendatory thereof so far as the same applies to the county of Walker; to provide for the transfer of all cases pending in the County Court of Walker county and all unfinished business, books and records thereof to the Superior Court of Walker 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 the above recited Act and all amendments thereof, as now embodied in the Code of 1895 from sections 4170 to 4217 inclusive, and all special amendments thereto, or relating to County Courts of this State, be, and the same are, hereby repealed so far as they apply or refer to the county of Walker, and the County Court of said county of Walker is hereby abolished. County court of Walker county abolished. SEC. 2. Be it further enacted by the authority aforesaid, That all mesne and final process, and all civil and criminal cases, which have not been executed or finally disposed of in said County Court, and all claims, illegalities and other issues, papers and pleadings in said County Court shall be transferred and returnable to the Superior Court of said county of Walker as though such process and other issues or pleadings had originally issued from said Superior Court. Process, etc., returnable to superior court. SEC. 3. Be it further enacted by the authority aforesaid, That all dockets, minutes, books and papers of said County Court shall be turned over to the clerk of the Superior Court of said county of Walker, there to be kept as part of the records in the office of said clerk of said Superior Court. Records of. SEC. 4. Be it further enacted by the authority a foresaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 6, 1900.

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SUPERIOR COURT OF HANCOCK COUNTY, INSOLVENT COSTS IN. No. 59. An Act to repeal an Act entitled an Act to provide for the payment of certain insolvent criminal costs in the Northern Judicial Circuit, and for other purposes, approved August 20, 1872, and also the Act amendatory thereof, approved September 29, 1881, so far as both of said Acts relate to the county of Hancock. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That the Act entitled an Act to provide for the payment of certain insolvent costs in the Northern Judicial Circuit, and for other purposes, approved August 20, 1872, and the Act amendatory thereof, approved September 29, 1881, so far as said Acts relate to Hancock county, be, and the same are, hereby repealed; provided, that the provisions of this Act shall not go into effect until January 1, 1903. Hancock county, insolvent costs' in superior court. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 12, 1900.

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TITLE II. MISCELLANEOUS. ACTS. Bibb County, Support of Libraries. Burke County, Supervision of Roads and Bridges. Campbell County, Drainage. Chatham County, Clerk of Treasurer. Chatham County Commissioners, Terms of. Cherokee County, Drainage. Cobb County, Upshaw School District Incorporated. Douglas County, Commissioners for. Floyd County, Protection of Fish in Waters of. Glynn County, Public Schools of. Gordon County, Manufacture of Liquors in, Prohibited. Greene County, Drainage. Gwinnett County, Drainage. Gwinnett County, Manufacture of Brandies from Fruits. Irwin County, Board of Commissioners for. Johnson County, Board of Commissioners for. Meriwether County, Woodbury School District Incorporated. Morgan County, Manufacture of Liquors Prohibited. Morgan County, License Fee to Sell Liquors. Newton County, Drainage. BIBB COUNTY, SUPPORT OF LIBRARIES. No. 123. An Act to authorize and direct the board of county commissioners of Bibb county to appropriate certain fixed sums of money annually to each of the two public libraries now established in the city of Macon, 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 board of Bibb county commissioners shall be authorized and directed to appropriate certain fixed sums of money annually to each of the two public libraries now established in the city of Macon, on the terms and conditions hereinafter stated. Bibb county, support of libraries.

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SEC. II. That whenever one hundred citizens of the city of Macon or county of Bibb, who are bona fide owners of real estate located in said city or county, shall unite with the directors or managers of either of the two libraries now established and running in Macon, and shall cause to be presented to the board of Bibb county commissioners a written petition or application, bearing the name of these one hundred real estate owners, which petition shall ask for an appropriation of three hundred dollars ($300) for the express purpose of purchasing such books, magazines, newspapers and other periodicals as the directors or managers of said library may select for the particular library so applying, it shall be the duty of the board of Bibb county commissioners to set aside and appropriate that amount of money each year when called for, to be used for that specific purpose and for no other, and that it shall be the duty of the clerk or treasurer of the said board of Bibb county commissioners to pay this money to the treasurer of the library so applying, and to pay it in monthly installments of twenty-five dollars ($25) each, and that the receipt of the treasurer of the library shall be a sufficient warrant or voucher to the clerk or treasurer of the board of Bibb county commissioners for this money when so paid out by him; provided, that before this receipt is accepted by the clerk or treasurer of the board of Bibb county commissioners it shall be indorsed by a majority of the directors or managers of the library to which this money is paid. Appropriation for libraries, how made. SEC. III. Be it further enacted, That when these books, magazines and other periodicals are so purchased, they shall be carefully preserved and kept in the library for the free use of the public, subject only to such safe rules and regulations as may be prescribed by the directors or managers of the library for which they are purchased. Books for use of the public. SEC. IV. Be it further enacted by the authority aforesaid, That a complete file shall be made of all newspapers so purchased and paid for out of this appropriation, and the same shall be neatly and substantially bound and carefully preserved and kept by the directors or managers of the library, and that in no case shall any of these newspapers be mutilated, destroyed or permitted to go out of the library, except on written orders signed by the chairman of the board of Bibb county commissioners, and then only to responsible parties for a short time, and that any violation of this provision shall work an immediate forfeiture of the appropriation made under this Act. Newspaper files. SEC. V. Be it further enacted, That all books, magazines, periodicals and newspapers so purchased for either or both of the libraries herein referred to shall, as soon as purchased, be labeled or

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stamped with these words: Bought with county funds, and if at any time either or both of these two libraries shall cease to exist, or shall not be run and conducted as a free public library, that all the books, magazines, newspapers and other periodicals so purchased, stamped or labeled shall at once revert to the board of Bibb county commissioners, and shall become the property of Bibb county, to be disposed of at the discretion of said board. Books, etc. labeled. SEC. VI. Be it further enacted, That it shall be the duty of the directors or managers of each library so applying for and receiving this appropriation to make a written statement or report at the end of each month, showing the exact number of books, magazines, newspapers and periodicals which have been bought and paid for by them with the money appropriated under this Act, and that this written statement or report shall be placed in the office of the board of Bibb county commissioners, where it shall be kept on file as a portion of the public record of that office. [Illegible Text] of [Illegible Text] SEC. VII. Be it further enacted, That the directors or managers of each of the two libraries herein referred to shall, at or before receiving these appropriations, bind themselves in writing to the Bibb county commissioners, that they will, as directors or managers of said library or libraries, subscribe for and take one leading daily newspaper from each of the following cities, to wit: The city of New York; the city of Washington, D. C.; the city of Chicago; the city of New Orleans; the city of Savannah; the city of Atlanta; and two of the leading daily papers published in the city of Macon. Newspapers subscribed for. SEC. VIII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved December 18, 1900. BURKE COUNTY, SUPERVISORS OF ROADS AND BRIDGES. No. 126. An Act empowering the commissioners of roads and revenues of Burke county to appoint in their discretion not exceeding three supervisors of roads and bridges for said county; to prescribe their duties, fix their compensation, and to authorize and direct the county treasurer of Burke county to pay from the treasury such sum or sums as may be certified to him by said commissioners to be due said road and bridge supervisors, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State

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of Georgia, That from and after the passage of this Act the commissioners of roads and revenues of the county of Burke be, and they are, hereby empowered to appoint in their discretion one or more, but not exceeding three, supervisors of roads and bridges for the county of Burke, who shall hold said office at the pleasure of said commissioners and upon such salary as may be determined by said board of commissioners, to be paid out of the general fund levied for county purposes. Burke county. Supervisors of roads and bridges. SEC. II. It shall be the duty of such supervisor or supervisors to inspect the public roads and bridges of said county, or such portions thereof as they may from time to time be directed by said commissioners, or their authority, and shall also perform such other duties pertaining to county matters and report thereon to the board of commissioners as said board may require. Duties of. SEC. III. The treasurer of Burke county and his successor or successors in office are hereby authorized and directed to pay out of the general county funds to said road and bridge inspector or inspectors, to be appointed as aforesaid, on account of said services, such sum or sums as may be certified to him by the county commissioners of said county to be due. Compensation for services. 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 18, 1900. CAMPBELL COUNTY, DRAINAGE. No. 128. An Act to provide for the better drainage of lands in the county of Campbell, by providing for the removal from all creeks and other running streams in said county of Campbell of obstructions of all kinds, except dams used for operating mills or machinery of any kind, or maintaining fish ponds or lakes; by requiring all land owners in said county, through whose lands such streams may flow, to remove such obstructions; by providing how the same may be removed when such land owners neglect or refuse to remove such obstructions, and for compensation therefor; and by providing for the extension of drains and ditches through lands of another, and for the payment of all damages which may be sustained by land owners through whose lands such drains and ditches may be cut, 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

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Campbell county, Georgia, shall, during the months of July and August in each year, remove from the running streams of water upon their respective lands all obstruction, including trash, trees, timber, rafts and other obstructions, except dams erected for the purpose of running mills or machinery of any kind or for maintaining fish ponds or lakes. Campbell county drainage. SEC. II. Be it further enacted by the authority aforesaid, That should any land owner in said county of Campbell fail or refuse to remove the obstructions, as 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 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 said owner so failing or refusing to do so, and to remove such obstructions, or have the same removed by his agents; and the owners of said lands shall be liable to pay the party removing or having said obstructions removed reasonable compensation for such labor, for which he shall have a lien on all of the property of the party so refusing or refusing, to rank as and be in force as other laborer's liens are now in force under the law, and be enforced in the same way or the same may be recovered in a suit therefor. Removal of obstructions from water-courses. 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 or fail to remove them from his half of said stream, it shall be lawful for the other, after giving notice as 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 for in the second section of this Act, and shall have the same lien as therein provided for. Where stream is dividing line. SEC. IV. Be it further enacted by the authority aforesaid, That whenever the owner of any land in said county of Campbell shall cut or dig any ditch or drain to the line of an adjoining landowner, and it shall be necessary to extend such ditch or drain through the lands of such adjoining land owner to a proper outlet in order to drain his land, and such adjoining land owner refuses or fails 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 party or parties desiring to extend such ditch or drain through the land of such adjoining land owner to a proper outlet to do so at his own expense; provided, such party or parties shall

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pay to such land owner, through whose lands such ditch or drain is to be extended all damages that the extending of such ditch or drain may cause to his or her land, the amount to be determined by three freeholders to be appointed by the ordinary of said county. Damages from drains, how paid. SEC. V. Be it further enacted, That this shall not apply to any stream where it is the dividing line between Campbell county 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 December 18, 1900. CHATHAM COUNTY, CLERK OF TREASURER. No. 133. An Act to empower the treasurer of Chatham county to employ a clerk; to fix the compensation of said clerk and to authorize the commissioner of Chatham county to pay his salary out of the general funds of the county, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That it shall and may be lawful for the county treasurer of Chatham county, and he is hereby empowered, to employ a clerk to be appointed and removable by him, and such clerk shall receive an annual salary of nine hundred ($900) dollars out of the general funds of the county of Chatham. Chatham county, clerk of treasurer. SEC. II. Be it further enacted, That the said compensation of the said clerk shall be paid monthly by orders of the commissioners of Chatham county and ex officio judges on the county treasurer, on bills for such salary, to be duly audited by said commissioners. Compensation, how paid. SEC. III. Be it further enacted, That all laws and parts of laws conflicting with this Act be, and the same are, hereby repealed. Approved December 18, 1900.

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CHATHAM COUNTY COMMISSIONERS, TERMS OF. No. 160. An Act to provide for the terms of office of the commissioners of Chatham county, to terminate the terms of those now in office, 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 terms of office of the present commissioners of Chatham county shall expire on the 31st day of December, 1900, and the said incumbents shall thereafter have no right or authority to hold their respective offices or to discharge any of the duties thereof after said December 31st, 1900; provided, however, that said present incumbents shall hold office and discharge the duties thereof until their successors are elected and qualified. Chatham county, commissioners, tenure of. SEC. II. Be it further enacted by the authority aforesaid, That the terms of office of the commissioners of Chatham county, elected at the general election held October 3d, 1900, shall begin January 1st, 1901, and continue four (4) years thereafter and until their successor are elected and qualified. Terms of office. SEC. III. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 19, 1900. CHEROKEE COUNTY, DRAINAGE. No. 41. 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 Little river in Cherokee county; to compel the owners of land in said county in which said stream 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 stream flows 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 land 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 after the passage of this Act all land owners on

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Little river in Cherokee county, Georgia, shall, during the months of July and August in each year, remove from said stream upon their respective lands all obstructions, including trash, trees, timber, rafts and other obstructions, except dams erected for the purpose of running machinery, which are excepted from the operation of this Act. Cheroke county, drainage SEC. II. Be it further enacted by the authority aforesaid, That should any land owner on said Little river 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 said 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 owners so failing or 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 obstructions removed reasonable compensation for such labor, for which he shall have a lien on all the property of the party so refusing, to rank as and be in force as other laborers' liens are now enforced under the law. Little river, removal of obstructions from. SEC. III. Be it further enacted by the authority aforesaid, That where said 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 as 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. Where stream is dividing line. SEC. IV. Be it further enacted by the authority aforesaid, That whenever the owner of any land in said county of Cherokee 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 landowner to a proper outlet into said Little river in order to drain his lands, and such adjoining land owners 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 said stream, 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

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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. Damages from drains, how paid. 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 6, 1900. COBB COUNTY, UPSHAW SCHOOL DISTRICT INCORPORATED. No. 149. An Act to incorporate the Upshaw school district in Cobb county; to define the boundaries of the same; to regulate the management of the school in said Upshaw school district; to provide revenue for said school; 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 schools in said Upshaw school district shall be vested in seven trustees, who are hereby constituted a body corporate, under the name and style of the Trustees of the Upshaw 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 estates or estate, 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. Cobb county. Trustees of Upshaw 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 located at the southwest corner of lot of land No. 605, in the 19th district and 2d section of said county, and from thence extending along the original land lines on the south side of lots of land Nos. 605, 606, 607, 608, 609, 610, 611, 612, 613 and 614, and thence from the southeast corner of lot of land No. 614 north along the original land line of said lot to the southwest corner of lot of land No. 570, and thence east along the south side of lots of land Nos. 570 and 569, and thence north along the eastern boundaries of

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lots of land Nos. 569, 542, 495, 468, 421, 394 to the southeast corner of lot of land No. 347, and thence west along the south side of said lot and lots Nos. 348 and 349 to the southwest corner of said lot No. 349, and thence north along the original land line of said lot and lot No. 318 to the southeast corner of lot No. 276, and thence west along the south side of said lot to the southwest corner of the same, and thence north along the west boundary of same and lot No. 243 to the southeast corner of lot No. 203, and thence west along the south side of said lot and lots Nos. 204, 205, 206, 207, 208 to the southwest corner of lot No. 208, and thence along the original line on the west side of said lot north to the northeast corner of lot No. 209, and thence west along the northern boundary of same to the northwest corner, and thence south along the original line of same and the west line of lot No. 236 to the northeast corner of lot No. 284, and thence west along the north line of said lot to the northwest corner thereof, and thence south along the west line of same to point equidistant from the north and south side of lot No. 285, and thence west in a straight line to a similar point on the west side of said lot, dividing the same in half, and including the south half of same, and from that point south along the west side of the half of the same which is included in the northwest corner of lot No. 308, and thence south along the west side of same to the southeast corner of lot No. 307, thence west along the south side of same to the northwest corner of lot No. 360, and thence south along the west side of lot 360 to the southwest corner of same, and thence east along the south side of same to the northwest corner of lot No. 382, thence south along the west side of lots Nos. 382 and 433, except a tract across the south side of said lot No. 433, including ten acres more or less, and thence south along the west side of lots Nos. 457, 506, 531, 580, and to the southwest corner of lot No. 605, the beginning point. Corporate limits. SEC. III. Be it enacted by the authority aforesaid, That an election shall be held on the first Monday in August, 1901, and on the same day of each succeeding year thereafter, for seven trustees to serve one year until their successors are elected and qualified. All citizens who are qualified to vote in State elections, and who have paid all taxes due said Upshaw school district, and who have resided in said district for a period of six months next preceding the day of election, shall be able to vote. Trustees, election of. SEC. IV. Be it enacted, 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 the said Upshaw school district is situated, together with any two freeholders within the corporate limits of said district. But should no

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election be held on the day specified, then any citizen of said district may post a call for an election in three prominent places within the corporate limits of said district for at least thirty days, stating day of said called election, on which day an election shall be held as above provided for. How held. SEC. V. Be it further enacted by the authority aforesaid, That any citizen of 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 of said district. Eligibility. SEC. VI. Be it enacted by the authority aforesaid, That the seven citizens who are eligible to the office of trustee, who shall receive, respectively, the highest number of votes, shall be, when required, and the persons so elected shall attend the usual places of 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 forthwith enter upon the discharge of the duties of said office. 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 and treasurer who may be either from their body or any citizen of said district. But no trustee other than the secretary and treasurer shall receive any compensation for their services. Chairman, secretary and Treasurer. SEC. VIII. Be it further enacted by the authority aforesaid, That the trustees of Upshaw school district shall have full control of the school in said district, to employ teachers, and fix their compensation and duties, and to employ such other persons as they may deem best for the interest of the said school, and shall have full power to remove any or all teachers or employees whenever, in the opinion of the board of trustees, it is to the interest of the school to do so. The said trustees shall have full power to fix the rate of tuition and to collect the same. Trustees, powers of. 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 within the limits of said Upshaw school district, for school purposes, to defray the expenses of management of school in said district, to pay all or any part of the expenses of carrying on school in said district that said trustees shall deem to be to the best interest of said school. But that the rate of taxation shall never exceed one half of one per cent. This section shall not become operative until after it shall have been ratified by majority of the voters of said district. School tax. SEC. X. Be it further enacted by the authority aforesaid, That the trustees of said Upshaw school district shall be empowered and directed to appoint three citizens of said district as tax-assessors,

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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 said tax books and returns or any part of them that they may deem best in making the assessment for said district; and 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 property or that of another; and should any party refuse to testify, then said party shall be punished as is provided for similar cases before justices of the peace. Said board of trustees shall have power and authority to fix the time and manner of the payment of said taxes. Tax assessors. SEC. XI. Be it 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 taxpayer in the same manner as State and county fi. fas. Said tax fi. fa. shall be a superior lien on the property of said delinquent taxpayer, except for State and county tax. Tax fi. fas. SEC. XII. 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 order a census of the school population of said district taken, and shall report the same to the State School Commissioner, who shall be empowered and directed to pay to the secretary and treasurer of the trustees of said Upshaw 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 XIII. Be it further enacted by the authority aforesaid, That the school of said Upshaw 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 county school commissioner. Control of school. SEC. XIV. 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 18, 1900.

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DOUGLAS COUNTY, COMMISSIONERS FOR. No. 170. An Act to provide for the creation of a board of county commissioners for the county of Douglas, and to define their duties, and for the purposes therein stated. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act there shall be created a board of commissioners for the county of Douglas to consist of five members, who shall be citizens of said county. No person shall be a member of said board who has not resided in said county two years immediately preceding his election or appointment. Douglas county, board of commissioners. SEC. II. Be it further enacted by the authority aforesaid, That J. T. Duncan, J. P. Watson, Jr., W. H. Hudson, Columbus Blair and T. H. Selman, citizens of said county of Douglas, are hereby appointed a board of county commissioners of Douglas county. That the term of office of said commissioners so appointed shall begin on the 2d day of January, 1901, and expire on the 1st day of January, 1903, and all other commissioners hereinafter provided for shall be elected as follows: On the first Wednesday in October, 1902, five commissioners shall be elected, and every succeeding election thereafter for a like number of commissioners shall be held every two years on the first Wednesday in October; the terms of all commissioners shall begin on the first day of January after their election and expire two years thereafter. Appointment and election. SEC. III. Be it further enacted by the authority aforesaid, That said board of commissioners shall be elected in the same manner as now provided by law for other county officers, except that they shall be elected at the times stated in the second section of this Act. How elected. SEC. IV. Be it further enacted by the authority aforesaid, That said commissioners shall have the power to elect their clerk, or require one of said commissioners to act as clerk, or said commissioners may require the clerk of the Superior Court to act as ex officio clerk of said board; said clerk of the board shall receive the same pay for his services as herein provided for each of said commissioners. Clerk. SEC. V. Be it further enacted by the authority aforesaid, That said board of commissioners shall have the same power and authority to punish for contempt of their court as other courts of said county. Contempt. SEC. VI. Be it further enacted by the authority aforesaid, That

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any vacancy in said board of commissioners caused by death or otherwise shall be filled by the board or a majority of the commissioners by appointment, and the person thus appointed shall hold his position until the next regular election and qualification of his successor. Vacancy. SEC. VII. Be it further enacted by the authority aforesaid, That all commissioners herein provided for shall hold their office until their successors are qualified. SEC. VIII. Be it further enacted by the authority aforesaid, That no person shall be competent to serve on said board until he shall have taken the following oath, which shall be administered by any person qualified to administer oath, to wit You do solemnly swear that you will faithfully discharge the duties of commissioner of the county of Douglas; in all matters which require your official action you will so act as in your judgment will be most conducive to the welfare and prosperity of the county. Oath. SEC. IX. Be it further enacted by the authority aforesaid, That three of said board shall constitute a quorum for the transaction of any business. Quorum. SEC. X. Be it further enacted by the authority aforesaid, That said board of commissioners shall be an advisory board to the ordinary of Douglas county in the following matters, to wit: 1st. In governing and controlling the county property. 2d. In levying taxes for county purposes in accordance with law. 3d. In examining, auditing and allowing all claims against said county. 4th. In letting out and establishing bridges in the county. 5th. In appointing road commissioners for the different districts in the county for working the public roads. 6th. In purchasing, selling or erecting new buildings for the county. 7th. In auditing the salaries of all county officers who receive a salary or commission; provided however, that the ordinary of the county of Douglas may, at any time, when said board is not in session, grant any order on the treasury of said county that may become necessary, when the sum involved does not exceed fifty dollars. And in granting such order, or orders, as the case may be, he shall be governed by the law as it now stands in such cases. Advisory board to ordinary. SEC. XI. Be it further enacted by the authority aforesaid, That said commissioners shall hold at least four meetings per annum, beginning on first Mondays in April, July, October and December in each and every year. The first three meetings herein provided for shall not continue longer than two days at each sitting, unless the ordinary, by special request, shall require a longer time, in which event they shall remain in session as long as may be necessary to attend to the matters before them. At the December meeting

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they may remain in session for five days, if the public business requires it. Meetings. SEC. XII. Be it further enacted by the authority aforesaid, That all the proceedings of said board shall be recorded in a well bound book, to be purchased for them at the expense of the county, and they shall submit the same to the inspection of the grand juries at the regular terms of the Superior Court of said county, as other county officers. Proceedings, record of. SEC. XIII. Be it further enacted by the authority aforesaid, That the members of said board shall be paid the sum of two dollars per day for the time they are actually sitting for county purposes, and no members thereof shall receive any pay unless he actually serves on the day so charged. Compensation. SEC. XIV. Be it further enacted by the authority aforesaid, That J. T. Duncan be, and he is, hereby appointed chairman of the board of commissioners herein appointed, and shall serve from the first of January, 1901, until the first of January, 1903, but should he cease to be a member of the board, then a chairman thereof may be selected by a majority of the members; provided, also that the boards hereinafter to be elected shall select one of their number chairman at their first metting after the election. Chairman. SEC. XV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1900. FAYETTE COUNTY, MANUFACTURE OF LIQUOR IN. No. 76. An Act to amend an Act to prohibit the manufacture of spirituous liquors from corn, wheat, rye, or other grain in the county of Fayette, and for other purposes; and to provide penalties for the same, so as to add after the word grain in the second line of the caption and before the word in, or from fruit, grapes, berries or other substance. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act section 1 of said original Act be amended by adding after the word grain and before the word in, in the fourth line of said section, or from fruits, grapes, berries

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or other substance; so that said section, when amended, will read as follows: Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act it shall be unlawful for any person or persons to make or manufacture spirituous liquors from corn, wheat, rye or other grain, or from fruit, grapes, berries or other substance in the county of Fayette. Fayette county. Manufacture of liquors prohibited. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1900. FLOYD COUNTY, PROTECTION OF FISH IN WATERS OF. No. 70. An Act for the protection of fish in the waters of Floyd county; to fix penalties for violation of the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act it shall not be lawful for any person to shoot, spear, gig, poison, kill with dynamite, catch with nets or baskets, or to entrap with any device whatever, except with hook and line, and trot line, any fish in any stream, lake or pond in the county of Floyd for a period of five years from the passage of this Act. Floyd county protection of fish in waters of. SEC. II. Be it further enacted by authority aforesaid, That it shall not be lawful for any person to keep or maintain upon any stream upon his land, owned by himself or another, or to permit to remain in any stream upon or opposite to land owned by himself, any trap now placed in any stream, lake or pond in the county of Floyd during said period. Traps. SEC. III. Be it further enacted by authority aforesaid, That for every violation of this Act the person offending shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than ten nor more than two hundred dollars, and upon failure to pay such fine shall be confined in the county jail for a period of not less than ten, nor more than sixty days. Penalty. SEC. IV. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1900.

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GLYNN COUNTY. PUBLIC SCHOOLS OF. No. 44. An Act to amend an Act to regulate public instruction in Glynn county, and for other purposes, approved February 21, 1873, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That section 1 of the above recited Act be amended by striking therefrom the following, beginning in the 19th line of said section: And annually thereafter the grand jury of Glynn county, at its fall term, shall elect a member of the board of education to fill the vacancies so occurring in the militia districts outside the city of Brunswick; and at a regular meeting of the mayor and council in the month of November annually, they shall elect one member of the board of education to fill the vacancies so occurring in the city of Brunswick, the members so elected to hold their offices for a term of three years from the first Saturday in December following their election, or until their successors are qualified. The mayor of the city of Brunswick shall be ex officio a member of the board of education. The board shall elect from their own body a president at their first meeting, and in the event of his removal, resignation or death, shall have the power to elect his successor, and by inserting in lieu thereof the following: Hereafter the board of education of the county of Glynn shall be composed of four members, elected by the mayor and council of the city of Brunswick (besides the mayor of said city), and one member from the 26th militia district of said county, residing outside the incorporate limits of the city of Brunswick, and one member from each of the following militia districts of said county, to wit: The 25th district, the 27th district, the 1499th district, and the 1356th district. All members of said board of education from the districts outside of Brunswick shall be elected by the grand jury of said county at its fall session. The present members of said board shall hold their offices until the expiration of their respective terms. The grand jury of said county shall, at the December term, 1900, elect a member of said board from the 1356th district and one from the 1499th district, for a term of three years, expiring January 15th, 1904. After the expiration of the terms of the present members, the terms of all members of said board of education shall be for three years, beginning January 15th after their respective election, or until

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their successors are duly elected and qualified. The mayor and council of said city, after the organization meeting in January, 1901, shall elect an additional member of said board from among the citizens of said city for a term expiring on the 15th day of January, 1903. The mayor of said city shall be ex officio a member of said board. The board shall elect a president from their number at the regular annual meeting. The superintendent of the city schools shall be ex officio the secretary of the board. Said board shall give immediate written notice of any vacancy in said board occurring by other reason than expiration of regular terms to the authority whose duty it is to fill such vacancy. The board shall also give written notice of the date of all regular expirations of the terms of the members of the board to the authority whose duty it is to elect the successors of such members at least thirty days before such expiration. The commissioners of roads and revenues of said county shall have authority to elect members to fill all vacancies in said board from districts outside of Brunswick for unexpired terms. The mayor and council of said city shall fill all vacancies in said board, arising by the death, resignation, removal or otherwise of any of the members so elected from the city of Brunswick. Glynn county. Board of education. SEC. II. Be it further enacted by the authority aforesaid, That said board of education shall annually, between the first day of June and the first day of September of each year, elect a county school commissioner for said county, and said board of education shall have the authority to prescribe his duties and fix his salary; provided, his compensation shall not exceed three hundred dollars ($300) per annum. Said board shall, between said dates and annually, elect also a superintendent for the public schools of the city of Brunswick. Such superintendent must have at least three years' experience as teacher or superintendent of schools. County school commissioner. Superintendent. SEC. III. Be it further enacted by the authority aforesaid, That the teachers in public schools within the incorporate limits of said city shall be elected by said board of education upon the recommendation of the members of said board elected by the mayor and council of said city. Teachers. SEC. IV. Be it further enacted by the authority aforesaid, That the superintendent of said city schools shall have general supervision and control of the public schools within said city, subject to rules prescribed by said board, and shall have authority to suspend any teacher or any scholar in the public schools of said city for misconduct or for the violation of the rules prescribed by the said board of education, or for other good and sufficient reasons; but such suspension shall only continue until the next meeting of said

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board of education, at which meeting said superintendent shall file with said board a written statement containing the specifications of the grounds and reasons for such suspension, and said board of education shall make final disposition of such charges. Said board shall have the power and authority to make and adopt by-laws and rules and regulations for its own government and for the government and control of the public schools of said city and county; provided, the same are not in conflict with this Act or the original Act of which this is amendatory. Superintendent, authority of. SEC. V. Be it further enacted by the authority aforesaid, That said board of education shall elect at its regular annual meeting a treasurer, to whom all funds belonging to the board shall be paid, and the State School Commissioner and treasurer of the city of Brunswick shall remit all moneys payable to said board to such treasurer of said board. Said board shall require such treasurer to give a good and sufficient bond for the faithful performance of his duties, and such board shall fix the salary of such treasurer; provided, the same shall not exceed one hundred and fifty dollars ($150) per annum. No member of said board, nor said superintendent of such city schools, shall be eligible to hold the office of treasurer. No member of said board shall, during his term of office, be capable of contracting with said board for any work or service which is to be paid by said board, nor shall any such member have any pecuniary interest, direct or indirect, in such contract. No money shall be paid out of the treasury of said board except on warrants drawn by the secretary of said board and countersigned by the president, with vouchers attached showing on what account the money is paid. Treasurer. SEC. VI. Be it further enacted by the authority aforesaid, That said board shall publish, at least semi-annually, in the newspaper in which sheriff's advertisements for said county are printed, a financial statement showing the receipts and disbursements of said board, and said board shall also, by the first days of January and July of each year, submit a detailed financial report showing all receipts and disbursements of moneys, to the mayor and council of said city and to the commissioners of roads and revenues of said county. Reports 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 6, 1900.

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GORDON COUNTY, MANUFACTURE OF LIQUORS IN, PROHIBITED. No. 72. An Act to make it unlawful for any person or persons, firm or corporation, to manufacture any spirituous, malt or intoxicating liquors or brandy within the limits of Gordon county, Georgia. 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, firm or corporation, to manufacture within the limits of Gordon county any spirituous, malt or intoxicating liquor or brandy (except domestic wines made from grapes or berries as now permitted by statute). Gordon county. Liquor, manufacture of prohibited. SEC. II. Be it further enacted, That any person or persons, firm or corporation, violating the provisions of this Act by illegally distilling or in any way manufacturing or aiding directly or indirectly in the manufacture of any spirituous, malt or intoxicating liquor or brandy within the limits of Gordon county, as referred to in section 1 of this Act, shall be guilty of a misdemeanor for each violation thereof, and shall be punished as prescribed in section 1039, volume III. of the Code of 1895 of said State. Penalty. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1900. GREENE COUNTY, DRAINAGE. No. 78. An Act to require the owners of land traversed by creeks or other streams in Greene 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 the same, That within twelve months after the passage of this Act all persons owning land in the county of Greene traversed by creeks, branches or other like

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streams are hereby required to clean out and remove all obstructions within and through the limits of their own lands, and where said creeks, branches or other streams constitute the dividing line between adjoining land owners, then each owner or owners shall remove all obstructions to the center of said stream or streams 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. Greene 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 owner, or any land owner or owners that may be damaged by said obstruction, 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 or any land owners that may be damaged by said obstructions, and the mode of procedure shall be as prescribed by law for the abatement of a nuisance. Removal of obstructions. 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 construction of any dam or any like obstruction across any branch or any other like stream for the purpose of erecting a mill or other public or private utility. Cost of removal. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1900.

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GWINNETT COUNTY, DRAINAGE. No. 71. An Act to amend section 2 of an Act approved December 18, 1893, 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 and other running streams in Gwinnett 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 landowners 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 landowners through whose lands such drains or ditches shall be cut or extended, and for other purposes, so as to permit, besides any adjoining landowner, any other person or persons owning lands on said streams, who may be affected or injured by such obstruction, to enter upon the lands of the owner and clean out such obstructions in the manner provided in this Act. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That section 2 of an Act approved December 18th, 1893, 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 and other running streams in Gwinnett county; to compel owners of lands 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 landowners 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 landowners through whose lands such drains or ditches shall be cut or extended, and for other purposes. be, and the same is, hereby amended by adding between the words landowner and after, in the fifth line of said section, the words or any other person or persons owning lands on

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such streams who may be injured or affected by such obstruction; so that said section, when amended, shall read as follows: Be it further enacted by the authority aforesaid, That should any landowner in said county fail or refuse to remove the obstructions provided for in the first section of this Act by the first of September in each year, then, and in that event, it shall be lawful for any adjoining landowner, or other person or persons owning land on such streams, who may be injured or affected by such obstructions, and after first giving said landowners so failing or refusing to comply with this Act ten days' notice of his intention 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 the property of the party so refusing, to rank as and be in force as other laborers' liens are now in force under the law, and be enforced in the same way. Gwinnett county, drainage. Removal of obstructions from streams. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1900. GWINNETT COUNTY, MANUFACTURE OF BRANDIES FROM FRUITS. No. 77. An Act to amend section 1 of the Act approved November 25th, 1899, 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 the same, and for other purposes, so as to except from the provisions of said Act brandies manufactured from fruits grown in the county of Gwinnett. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That section 1 of the Act approved November 25th, 1899, to make it unlawful to manufacture alcoholic, spirituous, malt or intoxicating liquors, except domestic wines, in the county of Gwinnett, and to prescribe penalties for violating the same be, and the same is, hereby amended by adding between the words wines and in, in the third line of said section, the words and brandies manufactured from fruits grown, so that said section, when amended, shall read as follows: That from and after the first day of February, 1900, it shall be

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unlawful to manufacture any alcoholic, spirituous, malt or intoxicating liquors, except domestic wines and brandies manufactured from fruits grown in the county of Gwinnett. Gwinnett county, manufacture of brandies from fruits. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1900. IRWIN COUNTY, BOARD OF COMMISSIONERS FOR. No. 151. An Act to amend an Act to create the office of commissioner of public roads and revenues for the county of Irwin, approved December 27th, 1890, so as to provide for a board of three commissioners in and for said county, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act there shall be created a board of commissioners of roads and revenues for the county of Irwin, consisting of three discreet and intelligent freeholders, to be elected by the qualified voters of said county as hereinafter provided, and that two of said board shall form a quorum and be capable and duly authorized to transact all business appertaining to their office. Irwin county, board of commissioners. SEC. II. Be it further enacted by the authority aforesaid, That R. L. Tucker, Jacob Dorminey and R. E. Smith are hereby appointed a county board of commissioners for said county, the above named board to hold their office until the first Monday in January, 1903, or until their successors in office shall be elected and qualified as hereinafter provided. Appointed. SEC. III. Be it further enacted by the authority aforesaid, That at the regular election for county officers in October, 1902, two of said board shall be elected for a term of four years and one of said board shall be elected for a term of two years, and thereafter the term of office for each member of said board shall be for four years, so that two members of said board shall be elected at every alternate election of county officers, and the other member at the other alternate election, and they shall be elected in the same manner and at the same time as is provided for the election of county officers; and said board shall perform all duties hereinafter prescribed, and in the event of the death, resignation or disability.

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of either of the said commissioners or persons who may be elected, said vacancy or vacancies shall be filled by remaining commissioners in office until other commissioner or commissioners are duly elected and sworn in, which election shall take place at the next ensuing regular election for county officers. Election. SEC. IV. Be it further enacted, That said commission shall have exclusive jurisdiction over all matters concerning county property, county taxes, general and special; establishing and changing militia districts and election precincts; examining and allowing all claims examining, auditing and procuring the prompt and speedy settlement of the accounts of all officers having the care, management and collection of the same; keeping and disbursement of all money belonging to the county or appropriated for its use and benefit; in making rules and regulations for the support and maintenance of the poor of said county; in establishing, changing and abolishing of all public roads, private ways, bridges, etc., in said county; in the appointing of road commissioners and the enforcement of the road laws; in regulating, peddling and fixing the license therefor; in managing the county jail and fixing the fees of the county jailer; and to have and to exercise exclusive jurisdiction over all such county matters as was held and exercised by the Inferior Court when sitting for county purposes prior to the adoption of the Constitution of 1868. Jurisdiction. SEC. V. Be it further enacted, That said commission, before entering upon the discharge of their duties, shall give bond in the sum of one thousand dollars each, with good and sufficient security, to be approved by and payable to the ordinary of said county and his successors in office, and conditioned for the faithful and prompt performance of the duties of their positions as such commissioners; which said bonds shall be filed in his office. Said commissioners shall each, at the time of executing and signing their said bonds before the said ordinary, take and subscribe to the following oath, to wit: I do solemnly swear that I will faithfully discharge the duties of commissioner of roads and revenues for the county of Irwin, and that I will so act as in my judgment will be most conducive to the welfare and prosperity of said county, so help me, God; which oath shall be spread upon the minutes of the Ordinary's Court, and the original filed in his office. Bond Oath. SEC. VI. Be it further enacted, That said board of commissioners shall have authority to hire a clerk, whose salary shall not exceed three hundred dollars per annum, whose duty it shall be to enter in a well bound book an accurate, full and complete minute of all the official acts and doings of said board of commissioners;

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to preserve and file in the order of their date all original orders, judgments, etc., of said board of commissioners; to arrange and keep in order for their filing all applications, petitions or other papers addressed to said board of commissioners. He shall also enter in a suitable book, to be kept exclusively for this purpose, a full and complete account of all receipts and expenditures of the public funds of said county of every kind, and in said book he shall also, from year to year, as soon as said board of commissioners have levied the county taxes, open an account with the tax-collector in the same manner that he is required to settle his account with the Comptroller-General for State taxes. It shall be his duty, when a claim against the county shall have been presented, examined and ordered paid, to at once draw a warrant upon the county treasurer for that amount in favor of the claimant, and within five days after the issuing of any warrant upon said county treasurer, if possible, with an abstract of all warrants drawn upon him, which abstract shall state the particular fund out of which each warrant is payable, together with the number of the warrant, amount and name of the party in whose favor drawn and the date thereof. Said clerk shall also, under the supervision and direction of said board of commissioners, prepare and submit to the grand jury of said county, at the spring term of the Superior Court in each year, a full statement of the county finances, the condition of the county property, together with such other information appertaining to the county government and its affairs as might require the advice of or investigation by said grand jury. Said clerk shall take same oath and give same bond as given by commissioners. Clerk, duties of. Oath and bond. SEC. VII. Be it further enacted, That said board of commissioners shall elect one of the number of said board as chairman, whose duty it shall be to preside at all meetings of said board, call all special meetings of said board, and countersign all warrants drawn on the county treasurer by the clerk of said board of commissioners, and all warrants not countersigned by said chairman shall be null and void. [Illegible Text] SEC. VIII. Be it further enacted, That said board of commissioners shall hold their regular sessions at the court-house of said county on the first Monday in each month of the year, and may adjourn from day to day or hold call sessions should public necessity require. When said board of commissioners are in session, either regular or called, it shall have the same power to punish for contempt that is now exercised by the several ordinaries of said State, and shall also have the power to compel by subp[oelig]na or attachment the attendance of witnesses and to require the sheriff

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(if necessary) to attend the sessions of said board, and to serve all processes and notices issued by the said board of commissioners, and for serving such notices and processes said sheriff shall receive same compensation as is allowed by the law for like services in the Superior Court. Meetings. Powers of board. SEC. IX. Be it further enacted, That each of the three commissioners shall be allowed the sum of one hundred dollars per annum, payable in equal monthly installments, upon warrants drawn as hereinbefore provided on the county treasurer, signed by both the clerk and chairman of said board; also the clerk shall be paid in monthly installments and in similar manner. Compensation. SEC. X. Be it further enacted by the authority aforesaid, That the treasurer of said county shall fully respect this Act. Treasurer of county. SEC. XI. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1900. JOHNSON COUNTY, BOARD OF COMMISSIONERS FOR. No. 145. An Act to create a board of commissioners for roads, public property and finance for the county of Johnson, to define the duties and powers of the same, and for other purposes. SECTION I. Be it enacted, That there shall be established in the county of Johnson a board of commissioners of roads and revenue, to consist of three persons, to wit: J. H. McWhorter, Z. T. Prescott and Linton Cox. Johnson county, board of commissioners. SEC. II. Be it further enacted, That the term of office of J. H. McWhorter shall be for four years; that the term of office of Z. T. Prescott shall be for three years; and that the term of office of Linton Cox shall be for two years, all of which terms shall commence on the first Tuesday in April, 1901, on which date said board shall organize with full power to act as a board of commissioners of said county, exercising jurisdiction over all county matters set forth by general enactment, as well as all matters specially mentioned in this Act. Appointed. SEC. III. Be it further enacted, That the grand jury, at the fall term, 1902, shall elect a member to said board, who shall qualify as a member of said board at the first meeting in April,

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1903, to fill the vacancy occasioned by the expiration of the term of Linton Cox, and that succeeding grand juries at the fall terms of the court each year shall elect one member to fill the vacancy that will occur the succeeding April; and that, commencing with the election of the member at the fall term, 1902, all members so elected shall hold their office on said board for a term of four years. Election. SEC. IV. Be it further enacted, That in case of a vacancy on said board, occasioned by death, resignation or otherwise, the grand jury, at the next succeeding term of the court, shall fill said vacancy for the unexpired term. Vacancies. SEC. V. Be it further enacted, That it shall require two of said commissioners to constitute a quorum to transact any business, and two of said commissioners must concur to pay any order or decree or to transact any business pertaining to the duties of said commissioners. Quorum. SEC. VI. Be it further enacted, That said commissioners, during their term of office, are exempt from militia, road and jury duty. Exemptions. SEC. VII. Be it further enacted, That said board of commissioners shall have exclusive jurisdiction, when sitting for county purposes, over the following subject-matter, to wit: First. In building and controlling all property of the county as they may deem expedient, according to law. Second. In levying a general tax for general purposes, and special taxes for particular or special purposes, according to the provisions of the Code and special enactments of the General Assembly. Third. In establishing, altering, building, repairing and abolishing all roads, bridges and ferries in the county of Johnson in conformity to law. Fourth. In establishing and changing election precincts and lines of militia districts. Fifth. In examining, settling and allowing all claims against the county of Johnson. Sixth. In examining and auditing the accounts of all county officers who receive or pay out moneys of the county or State, and in examining and reviewing all matters of record as required to be kept by law. Seventh. In collecting and disbursing all funds belonging to the county or appropriated for its use or benefit, and in bringing all debtors of the county to a speedy settlement. Eighth. In making such rules and regulations for the support and maintenance of the poor of the county of Johnson, and for the promotion of health, as are permitted by law or not inconsistent therewith. Ninth. In regulating peddling and fixing costs of licenses therefor. Jurisdiction. SEC. VIII. Be it further enacted, That said board shall meet at the court-house in said county, and hold their sessions at such times as may be agreed upon and advertised by them. Meetings. SEC. IX. Be it further enacted, That said board shall be authorized

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to employ a secretary, who shall be paid the sum per diem as members of the board. Secretary. SEC. X. Be it further enacted, That for each day's service rendered by members of this board they shall receive the same pay per day as is received by jurors for jury duty. Compensation. SEC. XI. Be it further enacted, by the authority aforesaid, That this Act shall not go into effect unless the grand jury, at the March term, 1901, of Johnson Superior Court, shall so recommend. Recommendation of grand jury. SEC. XII. Be it further enacted, That the Acts and doings of said board shall be open to the investigation of each grand jury, and that said board shall make a full and complete report of the finances of the county and condition of the county offices, as well as such reports as may be deemed necessary concerning all officers of the county, at the spring term of the court. Supervision of grand jury. 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 18, 1900. MERIWETHER COUNTY, WOODBURY SCHOOL DISTRICT INCORPORATED. No. 167. An Act to incorporate the Woodbury School District, in Meriwether county, Georgia, to define the boundaries of the same, to regulate the management of schools in said district, to provide revenue for said schools, to provide for the election of five (5) 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 schools in the Woodbury district be vested in five (5) men who shall constitute a board of trustees of the Woodbury School District, and by that name and style shall have perpetual succession, 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, real or personal, of whatever kind or name, within the jurisdictional limits of said district (as described hereafter in this Act), and shall, by

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said name, be capable of suing and being sued in any court of law or equity in this State. Meriwether county. Trustees of Woodbury district incorporated. SEC. II. Be it further enacted by the authority aforesaid, That the corporate limits of said school district shall include and extend to the outward bounds of lots Nos. 61, 62, 67, 68, 5, 4, 3, 2, 63, 66, 127, 126, 125, 124, 69, 60, 77, 72, 73, 14, 15, 16, 1, 64, 65, 128, 129, 130, 131, 132, 133, 134, 123, 70, 59 and 6, in the lower 9th district of said county of Meriwether, making a district of thirty-six (36) lots, with the center in the town of Woodbury, Georgia, where lots Nos. 61, 62, 67 and 68, in the lower 9th district of said county, corner. Corporate limits. SEC. III. Be it further enacted by the authority aforesaid, That Dr. J. M. Hooten, B. T. Baker, Dr. H. W. Clements, W. J. Smith and Dr. J. D. Sutton shall be, and are, hereby constituted the board of trustees to carry into effect the provisions of this Act, until the regular election for members of said board, which election shall take place on the last Saturday in January each year. The term of one of the trustees to be elected shall be for one year from the time of election, one for two years, one for three years, one for four years, and one for five years. Their successors in office shall serve for a term of five years, each member dating from the time of his election. The board of trustees shall fill all vacancies. Trustees appointed. Election. SEC. IV. Be it further enacted by the authority aforesaid, That said board of trustees shall organize by electing a president, vice-president, secretary and treasurer, from their own number, and no member shall receive compensation for his services except the secretary, whose compensation for his services shall be fixed by the board. The treasurer shall give good and sufficient bond. Officers. SEC. V. Be it further enacted by the authority aforesaid, That said board of trustees shall have power to design and adopt a system of public schools for said district, to elect a superintendent and employ teachers for the same, to suspend or remove teachers or superintendent, to fix their compensations, to provide school-houses 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 interest of said districts, not in conflict with the provisions of this Act or the laws of this State. [Illegible Text] powers of. SEC. VI. Be it further enacted by the authority aforesaid, That there shall be established and maintained for not less than seven nor more than ten scholastic months in each year, under the provisions of this Act, one, and only one, school for white children,

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and one, and only one, school for colored children. No white child shall be admitted into the school established for colored children, and no colored child shall be admitted into the school established for white children. All children entitled to the benefits of public schools under the laws of this State, and whose parents, guardians or natural protectors bona fide reside within the corporate limits of said district, shall be admitted into the aforesaid schools upon payment of such admittance fee only as the board of trustees 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 trustees, not in conflict with the laws of this State. Schools. SEC. VII. Be it further enacted by the authority aforesaid, That after the ratification of this Act, it shall be the duty of the county school commissioner of Meriwether county, and he is hereby required, to pay over to the treasurer of said board of trustees, under such rules as said board may provide, not in conflict with the rules and regulations of the county board of education, the portion of the public school fund of said county to which the schools established under this Act for said district may be entitled, under the rules of distribution under which the county board of education of Meriwether county assigns to the county their pro rata share of the school fund. County school fund SEC. VIII. Be it further enacted by the authority aforesaid, That, as early as is practicable after the ratification of this Act, and by the fourth Saturday in June of each year succeeding, the board of trustees shall determine what amount of money it will be necessary to raise by taxation to defray the expenses of said schools for the scholastic year, and said board shall, through their officer, be required to levy and collect the same; provided, said amount does not exceed three-fourths ([frac34]) of one per cent. of the taxable property of said district, in the same manner as other taxes of said town of Woodbury, Ga., are levied and collected. Said tax, when collected, shall be turned over to the board of trustees, and, together with the amount received from the public school fund, such admission and tuition fees as may be collected, and any other funds that may be placed in his hands for that purpose, shall constitute a fund to be expended only by order of the board of trustees in defraying the expenses necessary for carrying on said schools. School tax. SEC. IX. Be it further enacted by the authority aforesaid, That after the ratification of this Act the board of education of Meriwether county shall not establish any other schools, grant any license to or contract with any other person to teach a school of any

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character in said district, nor shall any of the State school funds be paid to any school in said district other than the schools herein provided for. Other schools. SEC. X. Be it further enacted by the authority aforesaid, That in case any school property acquired by said board of trustees 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. Sale of school property. SEC. XI. Be it further enacted by the authority aforesaid, That before this Act shall become operative its adoption shall be submitted to the legally qualified voters of said district, for which purpose the board of trustees shall order an election, of which ten days' notice shall be given by posting in three conspicuous places in said district, which election shall be held under the same rules and regulations as elections of mayor and councilmen of the town of Woodbury, Ga., and the legally qualified voters only of said school district will be allowed to vote in said ratification. At said election those favoring public schools shall have printed or written on their ballots, For Local Taxation for Public Schools, and those opposed to public schools shall have printed or written on their ballots, Against Local Taxation for Public Schools, and if two-thirds of the qualified voters of said district, in said election, be for local taxation for public schools this Act shall become operative. Should the result of the election herein provided for be against public schools the board of trustees of said district may order other elections once every six months thereafter until public schools are adopted. Election for public schools. SEC. XII. Be it further enacted by the authority aforesaid, That the board of trustees shall annually make a report to the public in writing of the condition of said schools, and shall accompany their report with the treasurer's report of a full and itemized statement of all moneys received and expended by said board. Reports. SEC. XIII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved.

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MORGAN COUNTY, MANUFACTURE OF LIQUORS PROHIBITED. No. 29. An Act to prohibit the manufacture in Morgan county, Georgia, of any alcoholic, spirituous, malt or intoxicating liquors, except domestic wines made from grapes or barries, and prescribe a penalty for violating 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, 1901, it shall be unlawful for any person or persons, firm or corporation, to manufacture in the county of Morgan any alcoholic, spirituous, malt or intoxicating liquors, except domestic wines made from grapes or berries. Morgan county. Liqor, manufacture of, prohibited. 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 volume III. of the Code of Georgia. 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 November 30, 1900. MORGAN COUNTY, LICENSE FEE TO SELL LIQUORS. No. 110. An Act fixing the license fee for retailing or vending spirituous, intoxicating or malt liquors in Morgan county at fifteen thousand dollars, and to provide a penalty for violating the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the annual license fee to retail or vend spirituous, intoxicating or malt liquors in any quantity in the county of Morgan, in this State, or in the incorporated cities, towns or villages in said county, shall be fifteen thousand dollars. Morgan county. License fee to sell liquor. SEC. II. Be it further enacted by the authority aforesaid, That neither the county authorities in the county of Morgan, nor the municipal authorities of any incorporated city, town or village in said county of Morgan, shall grant or issue license to any person

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to retail or vend spirituous, intoxicating or malt liquors in any quantity anywhere in said county of Morgan, until the person applying for said license shall have paid into the county treasury said license fee of fifteen thousand dollars, and shall have given the bond and taken the oath required by law for retailers of spirituous liquors, and shall have otherwise complied with the general law in reference to the retailing or vending of such liquors; and any license granted or issued without the payment of said fifteen thousand dollars and without a full compliance with the requirements of this Act and the general law shall be null and void. Payment of fee. SEC. III. Be it further enacted by the authority aforesaid, That the words spirituous, intoxicating or malt liquors, as used in this Act, shall be construed to mean and embrace all and every kind of distilled spirits, malt liquors, wines, beers, ciders, and drinks, which, if drank to excess, will produce intoxication. Intoxicants. SEC. IV. Be it further enacted by the authority aforesaid, That it shall be unlawful for any person, by himself or agent, either directly or indirectly, to sell, barter, exchange, furnish or supply spirituous, intoxicating or malt liquors in any quantity in said county of Morgan for a valuable consideration, or to give away any such liquors for the purpose of inducing trade, without first paying said annual license fee and obtaining said license. Barter. SEC. V. Be it further enacted by the authority aforesaid, That nothing in this Act shall be construed to authorize the granting or issuing of any license to retail or vend spirituous, intoxicating or malt liquors in said county, or in any incorporated city, town or village thereof, so long as the law now absolutely prohibiting the sale of such liquors in said county is of force. Prohibition. SEC. VI. Be it further enacted by the authority aforesaid, That nothing in this Act shall be construed to prevent the sale or to require said annual license fee for the sale of domestic wines or ciders made in said county, or for the sale of wines for sacramental purposes. Wine and cider. SEC. VII. Be it further enacted by the authority aforesaid, That any person violating the provisions of this Act shall be guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 1039 of volume III. of the Code of 1895. Penalty. SEC. VIII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1900.

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NEWTON COUNTY, DRAINAGE. No. 19. 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 creeks and other running streams in Newton county; to compel the owners of land in said county, in which said streams may flow to remove said obstructions; provide in what manner the same may be removed when said landowners neglect or refuse to remove such obstruction, and to provide compensation therefor; to provide for the drainage of the lands in said county through which 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 landowners 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 landowners in Newton county, Georgia, shall, during the months of July and August 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 ponds, which are excepted from the operation of this Act. Newton county, drainage. SEC. II. Be it further enacted by the authority aforesaid, That should any landowner 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 landowner, or any other landowner 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 laborers' liens are now in force under the law, and be enforced in the same way. Removal of obstructions from streams. SEC. III. Be it further enacted by the authority aforesaid, That when a running stream is the dividing line between two land

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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 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 stream is dividing line. SEC. IV. Be it further enacted by the authority aforesaid, That whenever the owner of any land in said county of Newton shall cut or dig any ditch or drain to the line of an adjoining landowner, and it shall be necessary to extend such ditch or drain through the lands of such adjoining landowner to a proper outlet in order to drain his land, and such adjoining landowner 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 landowner to a proper outlet, to do so at his own expense, and if the land of such landowners 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. Damages, how assessed and paid. SEC. V. Be it further enacted, That this shall not apply to any stream where it is the dividing line between Newton and another county. County lines. 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 30, 1900.

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Part III.---Corporations. TITLE IMUNICIPAL CORPORATIONS. TITLE IIPRIVATE CORPORATIONS.

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TITLE I. MUNICIPAL CORPORATIONS. ACTS. Adel, Town of, Incorporated. Avera, Town of, Incorporated. Athens, City of, Charter Amended. Atlanta, City of, Charter Amended. Barnesville, City of, Dispensary for. Blakely, City of, Incorporated. Blue Ridge, City of, Incorporated. Boston, Town of, Public Schools. Brunswick, City of, Charter Amended. Brunswick, City of, Charter Amended. Buena Vista, Town of, Sale of Liquor Prohibited. Calhoun, Town of, Charter Amended. Carrollton, City of, Tax for Public Schools. Cecil, Town of, New Charter for. Columbus, City of, Charter Amended. Columbus, City of, Commons. Conyers. City of, Public Schools. Cornelia, Town of, Charter Amended. Crawfordville, Town of, Charter Amended. Dawson, City of, Charter Amended. Dawson, City of, Charter Amended. Demorest, City of, Charter Amended. Deepstep, Town of, Incorporated. Dickey, Town of, Incorporated. Douglas, City of, Charter Amended. East Rome, Town of, Public Schools. East Thomaston, Village of, Incorporated. Elberton, City of, Public Schools. Ellijay, Town of, Charter Amended. Iron City, Town of, Incorporated. Jesup, Town of, Public Schools. Kestler, Town of, Incorporated. Louisville, City of, Incorporated. Lucretia, City of, Incorporated. Lumber City, Town of, Public Schools. Macon, City of, Charter Amended. Macon, City of, Charter Amended. Macon, City of, Charter Amended. Macon, City of, Charter Amended. Madison, City of, Charter Amended.

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McIntosh, Town of, Charter Repealed. Milledgeville, City of, New Charter. Morven, Town of, Incorporated. Mount Airy, Town of, Charter Amended. Montezuma, Town of, Charter Amended. Moultrie, City of, Charter Amended. Nashville, City of, Incorporated. Oglethorpe, Town of, Incorporated. Pepperton, Town of, Incorporated. Resaca, Town of, Charter Amended. Roberta, Town of, Public Schools. Roberta, Town of, Charter Amended. Rome, City of, Charter Amended. Roswell, Town of, Public Schools. Sandersville, City of, Public Schools. Sandersville, City of, Charter Amended. Savannah, City of, Registration of Voters. Savannah, City of, May Purchase Land. Savannah, City of, Officers, Election and Terms of. Smithville, Town of, Charter Amended. Stillmore, town of, Charter Amended. Swainsboro, City of, Incorporated. Swainsboro, Town of, Charter Repealed. Swainsboro, Town of, Charter Repealed. Sylvester, Town of, Public Schools. Tennille, Town of, Changed to City of. Thomaston, City of, Bonds of. [Illegible Text] City of, Public Schools. Thomson, Town of, New Charter. Unadilla, Town of, Public Schools. Valdosta, City of, Charter Amended. Valdosta, City of, Charter Amended. Watkinsville, Town of, Charter Amended. West Point, City of, New Charter. ADEL, TOWN OF, INCORPORATED. No. 154. An Act to reincorporate the town of Adel in the county of Berrien; to define its limits; to provide municipal government therefor; to confer additional powers on said town and its authorities; to codify, amend and supersede all previous Acts incorporating the town of Adel, and to grant a new charter to said town under the corporate name of the town of Adel, 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 that the town of Adel in the county of Berrien be, and the same is, hereby incorporated under the name and style of the town of Adel, and by that name may have perpetual

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succession, may have and use a common seal, may sue and be sued, may plead and be impleaded in any court of law or equity in the State, may purchase, have, hold, receive, enjoy and retain to themselves and their successors in office for the use of the town of Adel any estate or estates, real or personal, of whatever kind or nature, within or without the incorporate limits thereof, and may sell or otherwise dispose of the same for the benefit of said town as they may see fit and proper, the mayor, by the direction of the town council, making deed to any property sold or disposed of by said town. Town of Adel incorporated. SEC. II. Be it further enacted, That the starting point from which the boundaries of said town shall be measured is the center of the junction of Fourth street and the track of the Georgia Southern Florida Railway. Center of town. SEC. III. Be it further enacted, That the boundaries of said town shall be as follows: they shall extend on the east to Bear creek, on the south sixty-three hundredth of a mile, on the west and north one half mile from said starting point. Corporate limits. SEC. IV. Be it further enacted, That the municipal government of said town shall consist of a mayor and five councilmen, a secretary and treasurer, both of which last named offices may be filled by the same person or by different persons; and whether the said offices be filled by the same person or by different persons, there shall be a bond given of such sum as may be prescribed by the council for each of said officers, payable to the town of Adel; all of whom, except the secretary, shall be elected annually on the days fixed by ordinance. The secretary and treasurer shall be appointed by the mayor and council. All of which officers shall hold their office for one year and until their successors are elected and qualified; each of whom shall take an appropriate oath provided by ordinance before entering upon the duties of their respective offices, which oath may be administered by any person authorized to administer oaths under the laws of this State. That the council may appoint or elect such other subordinate officers as may become necessary at any time for the enforcement of the provisions of this charter or any ordinance passed by said council in pursuance of the rights and powers herein conferred, all of which subordinate officers as may be thus appointed or elected shall be deemed and held to be lawful officers of this State and the town of Adel. All such subordinate officers or such as elected or appointed by the council shall hold their offices at the will of the council and receive such salary as may be fixed by the council, each of whom shall take an appropriate oath before entering upon the discharge of their respective duties, and shall give such bond as the council may require. Officers.

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SEC. V. Be it further enacted, That the present officers of said town, to wit: A. A. Parrish, mayor; J. T. Wilkes, S. A. Juhan, William Clements, R. C. Woodard and J. A. J. Parrish, councilmen, and A. A. Webb, secretary and treasurer, be, and they are, hereby declared to be lawful officers of said town under this charter until the third Wednesday in October, 1901 (and until their successors are elected and qualified), when an election shall be held for their successors under the laws of the State applicable and under such further rules and regulations as may be by ordinance adopted, and an election to be held annually thereafter on the same day, unless changed by ordinance, which the town council may do; provided, such change does not have the effect to lengthen the term of officers at the time the change is made. The day of election may be changed, but the term of office of all officers of said town shall be one year from their election, and until successors are elected and qualified, except in case of election to fill a vacancy, in which case it shall be until the next regular election. Officers appointed. Elections. SEC. VI. Be it further enacted, That at the first meeting of the town council after their election and qualification, they shall elect one of their number as mayor pro tem., who shall be the presiding officer of said town council at all the deliberations and shall be allowed a vote on all questions, whether there be a tie or not, and who shall also, in the absence or disqualification of the mayor, exercise all the functions of the office of mayor in all and every particular whatever; and all the duties, powers, rights and privileges conferred by this charter may, and shall be exercised by the mayor pro tem. in the absence or disqualification of the mayor, without being specially conferred on the mayor pro tem. by this charter; that the council, including the mayor pro tem., shall constitute the legislative body of said town, any three of whom shall constitute a quorum for the transaction of any and all business, but no ordinance shall be declared passed and become the law of the town unless it receives at least three votes in favor of its passage. Mayor pro tem. SEC. VII. Be it further enacted, That the legislative body of said town shall provide by ordinance the manner of holding elections, as well as to fix the qualifications of voters, and the eligibility of citizens to hold office in said town; provided, such ordinance be not inconsistent with the Constitution and laws of this State or the United States. Elections. SEC. VIII. Be it further enacted, That if any vacancy should occur in either of the offices provided for in this charter, the council, or a majority of them, may order an election to fill such vacancy, and the person or persons so elected shall hold their offices till the next regular election thereafter. Removal beyond the

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limits of said town corporation, or conviction of a crime involving moral turpitude in any of the courts of the State, shall vacate the office of the person so removing or convicted. Vacancies. SEC. IX. Be it further enacted, That the mayor, and in his absence the mayor pro tem., and in the absence of both, any one or more members of the council, may hold the mayor's court for the trial of offenders against the laws of the town, and may exercise all the powers conferred by this charter upon the mayor and may punish for any violation of a town law by a fine not exceeding one hundred dollars, imprisonment in the calaboose or the county jail, by permission of the county authorities, not exceeding sixty days, work on the street, chain-gang or other public or private works under the supervision of the chief of police or the marshals of the town not exceeding sixty days, one or more or all of these, at the discretion of the trial court. While sitting as a court for the trail of offenders the said court shall have power to punish for contempt by fine not exceeding fifty dollars, imprisonment or work in the manner already described in this section not exceeding fifty days, one or both, at the discretion of the trial court. There may be an appeal in any case from the mayor's court to council, and judgments therein may be reviewed by certiorari to the Superior Court of Berrien county. Mayor's court. SEC. X. Be it further enacted, That the mayor of said town shall be ex officio a justice of the peace, as far as to authorize him to administer oaths, attest deeds, mortgages, or any other instrument or paper which a justice of the peace is authorized to attest; to issue warrants for any offenses committed within the corporate limits of said town against any law or ordinance of said town or of this State, and when the offense is against the State the mayor may hear evidence and commit to jail or take bond for appearance before the State court having jurisdiction of the offense as a justice of the peace could do; if the offense charged in the warrant be one against the laws or ordinances of the town, the arresting officer shall carry the accused before the mayor's court and none other, and shall there be disposed of as other cases of arrest not made under warrant. All warrants issued by the mayor or those acting in his stead shall be directed to the Chief of Police of Adel or any marshal thereof, and to all and singular the sheriffs, deputy sheriffs and constables of this State, and any one of said officers shall have the same authority to execute said warrants as the sheriffs have to execute criminal warrants. Mayor, authority of.

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SEC. XI. Be it further enacted, That the mayor, or those holding the mayor's court in his stead, shall have power and authority to subp[oelig]na witnesses to attend the mayor's court under the same rules and regulations that govern the Superior Courts of this State, to compel their attendance, and to punish any witness who has been subp[oelig]naed and failed to attend under the provision for contempts already provided for in this charter. Witnesses in mayor's court. SEC. XII. Be it further enacted, That the authorities of said town shall have power and authority to condemn and appropriate as hereinafter provided private property for public use; to lay off and open new streets, alleys, lanes or other ways for the convenience of the public or any citizen of said town; to vacate, alter, widen, curb, pave, and keep in good order and repair all streets, avenues, alleys, lanes, sidewalks or other ways, drains, sewers and gutters for public or private use; to improve and light the streets, public parks and grounds; to furnish water and lights for private use and to charge therefor; to keep all public grounds, streets, sidewalks, cross-walks, avenues, alleys, lanes or other ways free from obstruction of any kind; to regulate the width of cross-walks and sidewalks on the streets; to grade and change the grade of any and all streets, sidewalks, cross-walks, avenues, alleys, lanes, or other ways without any liability for damage therefor; to require adjacent land owners to curb, pave and improve sidewalks at their own expense, under the direction of the authorities of said town, and upon failure of the landowners to do so, the authorities of said town may have such work done and collect the cost thereof from the adjacent land owners by execution as other taxes are collected. Powers of municipality. SEC. XIII. Be it further enacted, That whenever it is desired by the authorities of said town to appropriate private property to public use, and do not secure the same from the owner or owners thereof by purchase, the title to such property may be acquired upon paying or tendering the owner or owners thereof, or to his, her, its or their legally authorized representative, just and legal compensation for the property desired, which compensation, when not otherwise agreed upon, shall be assessed and determined in the following manner, to wit: as now provided by the general law of the State on this subject. Condemnation. SEC. XIV. Be it further enacted, That the town council of said town shall have power and authority to regulate by ordinance the keeping of markets, and condemn in the manner prescribed by ordinance, all meats, vegetables or other articles of food whatever, which after inspection are found to be unfit for food, and shall have the power to seize and destroy all such articles of food as shall

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be condemned, and may punish any person who offers for sale any such articles of food in the town. The inspector or officers of the town shall have the right without warrant to enter any place of business where there is reason to suspect that such articles of food are offered for sale, and to seize and destroy or otherwise despose of it as may seem best to said officers. Markets. SEC. XV. Be it further enacted, That the town council of said town shall have power and authority to establish fire limits for said town, and to change the same from time to time, and to regulate the material and the manner of building houses therein, to establish a system of building inspection, and to condemn all buildings and structures that are dangerous to the safety of any citizen, and to have the same made safe or removed at the expense of the owner; and upon the failure of the owner to make them safe or remove them the town authorities may have the same done and collect the expenses from the owners thereof by execution. The authorities of said town shall also have power and authority to prevent injury or annoyance to the public or individuals from anything dangerous or offensive; to prevent dogs, hogs, cattle, sheep, horses, mules, goats, asses, and all other kind of animals and fowls from going at large in said town or any prescribed territory therein; to protect places of divine worship; to abate anything which in the opinion of the authorities is a nuisance; to regulate the keeping and selling of dynamite, gunpowder, kerosene and all other hazardous articles of merchandise; to regulate or prohibit the operation of blacksmith shops or other businesses that endanger the property of others in said town; to regulate the running of steam engines, whether for factories, mills, or any other kind of machinery propelled by steam engines; to regulate the running of any and all sorts of vehicles, however drawn or propelled, that may be used on the streets of said town; to establish quarantine and regulate the same, and to regulate the burial of the dead in said town. Fire limits. Animals. Explosives Engines. Quarantine SEC. XVI. Be it further enacted, That the town council of said town shall have power to contract debts and issue bonds of said town under and in accordance with the limitations provided in the Constitution of the State and the general laws of the State applicable to municipalities; and with the funds arising from the sale of any bonds thus issued may refund any existing debt; establish and maintain a system of water-works, a system of lights, erect public buildings or any other improvements for the use of the citizens of said town, and to issue bonds for any other purposes allowed in this charter. Bonds. SEC. XVII. Be it further enacted, That the town council of said town shall have power and authority to grant franchises to street

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railways, telephone companies or any other companies for the erection of any improvements in said town, and to charge therefor, or grant them free of charge, as they may deem best. Franchises SEC. XVIII. Be it further enacted, That the town council of said town shall have full power and authority the manner of giving the taxes of said town, to appoint three citizens of said town who are freeholders thereof as tax-assessors of said town, whose duty it shall be to place a just, fair and equitable valuation on the property within the corporate limits of said town, subject to town taxes, whether given in for taxes by the owner thereof or not; to equalize and adjust the taxes of all owners of property in said town; the said board of assessor to give any citizen or property owners an opportunity to appear before them and make objections to the valuation placed by them upon any piece of property, and if in the judgment of said assessors the valuation first fixed be too high, they may change the same; but in all case the decision of the assessors after the property owner has appeared before them, or has had notice to appear before them, shall be final. Publication in any newspaper published in said town ten days before the day fixed for hearing complaints shall be deemed sufficient and legal notice under this section. Tax assessors. SEC. XIX. Be it further enacted, That the town council shall have full power and authority to levy a special tax not exceeding ten mills on each dollar, as street tax, and expend the same in opening and improving streets, sidewalks, alley, lanes, public parks and grounds; also to levy and collect a tax upon all and every species of property in said town subject to State and county tax; upon banking and insurance capital employed in said town; upon brokers and factors; upon each and every business, calling, trade or profession carried on in said town; upon billiard and pool tables, bowling alleys, bank, insurance, telephone, telegraph and express agencies in said town; to tax all theatrical performances, shows or exhibitions for gain or profit in said town; to tax all intinerant traders and peddlers, all venders of patent medicines, drugs, books, nostrums or devices of any kind; to tax all solicitors or canvassers selling wares or merchandise by sample at retail to consumers. All of said taxes except the tax on real or personal property, which shall be ad valorem and not exceeding the statutory or constitutional limitations, shall be in the nature of a license which must be paid in advance of doing business or carrying on the trade or occupation; and the council shall provide by ordinance for the punishment of all parties who are required to take out license who do or attempt to do any business before taking out

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such license and complying fully with all the requirements of said council made in reference thereto. Ad valorem and special taxes. SEC. XX. Be it further enacted, That they shall have power and authority to provide by ordinance when the taxes of said town shall fall due, and the mayor or person acting in his stead shall have power and authority to issue tax executions for all taxes that have not been paid on or by the day fixed when they shall be paid, which executions shall be directed to the chief of police and all and singular the marshals of Adel; and when issued shall be placed in the hands of the chief of police or some marshal of said town, whose duty it shall be to levy the same upon any property, real or personal, within the corporate limits of said town. If the execution be for a sum less than a hundred dollars, and the property levied upon personal property, the same may be advertised as constable's sales are now advertised, by posting the advertisement in three or more places in said town, one of which shall be at the court-house door, where the mayor holds his courts; if the execution be for a sum greater than a hundred dollars, the levy be upon real estate, the same shall be advertised by the levying officer under the same terms and under the same regulations and in the same paper that the sheriff's advertisements for the county of Berrien are made. The deed of the chief of police or the marshal making the sale under execution by the town authorities shall pass the title of the property sold to the purchaser as completely and absolutely as the deed of the defaulting taxpayer would have done; provided, however, that any person whose property has been sold for taxes shall be allowed to redeem the same by paying to the purchaser, at any time within one year from the date of the sale, the full amount of his bid with ten per cent. permium thereon. That the officer making the levy under executions issued by the authorities of said town shall have full power and authority to take bond for the forthcoming of personal property levied upon by them, payable to themselves, which bonds may be sued upon by such officer for the use of the town in any court having jurisdiction of the person and the subject-matter of such bond, and the levying officer of such executions shall receive costs for their services as follows: if the execution is less than one hundred dollars, the costs allowed constables shall be received by them; if the execution be greater than one hundred dollars, the costs allowed sheriffs shall be received by them. Tax executions and sales. SEC. XXI. Be it further enacted, That should an affidavit of illegality be filed to an execution issued by the authorities of said town (which may be done under the same rules that prevail in State courts), or any property levied upon be claimed by a person

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not a party to the execution, said claim shall be interposed under the same rules, restrictions and regulations that govern claim cases in the courts of the State, and such claims and illegalities shall be returned for trial to the justice court or notaries public court that is held in the town of Adel, or the county court or Superior Court of Berrien county, the one having jurisdiction as the case may be. Illegalities and claims. SEC. XXII. Be it further enacted, That the authorities of said town shall have power and authority to regulate the sale of spirituous liquors in said town, where not inconsistent with the laws of said State, to fix the price of and to grant license for the sale thereof in any quantity, and to punish for the unlawful sale of spirituous liquors in said town, when not inconsistent with the laws of this State; they shall have power and authority to enter without warrant and to inspect any place of business or other place in said town where there is reason to suspect that spirituous liquors are kept therein for unlawful sale, and to seize and hold such articles and things as may be found therein, to be used as evidence of a violation of any ordinance of said town or law of the State. Liquor, sale of. SEC. XXIII. Be it further enacted, That the town council of said town shall have power and authority to require all persons within the corporate limits of said town, subject to road duty under the laws of this State, to work on the streets of said town, or they may fix a commutation tax, which may be paid instead. Commutation tax. SEC. XXIV. Be it further enacted, That from and after the passage of this Act there shall be established in the town of Adel a system of public schools, the same to be established, conducted and supported in the manner hereinafter set forth. Public schools. SEC. XXV. Be it further enacted, That the mayor and council of said town shall have charge of said schools, and for the better carrying of this Act into effect they shall elect annually, on their first meeting night in January, not less than three nor more than five trustees, who shall have immediate charge of said schools under the direction of the mayor and council; or the mayor and council may, by ordinance, provide for the election of the trustees by the qualified voters of said town at the annual election for town officers. That whether elected by the voters or themselves, the mayor and council shall, by election, fill all vacancies that shall occur when all the members of the said board of trustees have had notice of meeting. A majority shall constitute a quorum for the transaction of business. Trustees of schools. SEC. XXVI. Be it further enacted. That no member of said board shall reside without the town of Adel; that the officers of said board shall be a president and secretary, the former of whom

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shall be ex officio the superintendent of schools. The duties of the president shall be prescribed by the board, and he and the secretary shall hold their offices at the pleasure of the board. Officers of schools. SEC. XXVII. Be it further enacted, That the duties of said trustees shall be to establish two schools in the town of Adel, one for white children and one for colored children, which shall be entirely distinct and separate; to provide schoolhouses by building, rent or otherwise; to employ teachers and provide the curriculum of said schools; to fix the salaries of teachers; to make all such by-laws for the government of the board and for the government of said schools and for the paying out of school funds as they may deem best and are not in conflict with the laws of this State or the ordinances of the town of Adel; provided, that the title to all school property shall be vested in the mayor and council of Adel, and the said board of trustees shall make no contracts nor incur any expense without first submitting same to the town council and receiving an appropriation therefor. Separate schools for white and colored. SEC. XXVIII. Be it further enacted, That the necessary funds for establishing and maintaining said public schools shall be as follows, to wit. 1st. The town council of Adel is hereby authorized and required by levy each year after the passage of this Act a special ad valorem tax not to exceed one half of one per cent. on all the property in the said town subject to taxation; to collect said tax and pay the same out on the order of the said board of trustees. 2d. The county school commissioner of Berrien county is hereby authorized and required to pay over to the treasurer of said town the pro rata share of the State school fund for Berrien county for each child attending the schools established by said trustees, upon the presentation by the treasurer of Adel of a list of pupils, with the number of days each has attended school, certified to by the principal of said schools. 3d. The board of trustees of said school are hereby authorized and required to employ for said schools those teachers only who have a license to teach in the common schools of the State. School tax. County school fund. SEC. XXIX. Be it further enacted, That all sums paid as above required to the treasurer shall constitute the public school fund of said town, and shall be used for the following purposes, to wit: payment of the salaries of teachers; buying, building or renting schoolhouses and insuring and repairing the same, and for all other purposes connected with and for the good of said schools. Disbursements. SEC. XXX. Be it further enacted, That said schools shall be open for not less than six, nor more than ten months in each year, and shall be free (except a matriculation fee, to be fixed by the

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mayor and council) to all children between the ages of six and eighteen years, whose parents or guardians reside within the corporate limits of the town of Adel; and the children of non-residents and those above eighteen years of age may be admitted on such terms as the council may prescribe. School children. SEC. XXXI. Be it further enacted, That any member of said board of education shall, for malfeasance or nonfeasance, neglect of duty or other sufficient cause, be removed by a majority vote of the council of said town, and the vacancy shall be filled in the same manner by an election. Officers removable. SEC. XXXII. Be it further enacted, That the authorities of Barrien county shall not establish or open any school within the corporate limits of the town of Adel, nor have any voice or authority in the management of the said schools therein established by the authorities of the town of Adel. County authorities SEC. XXXIII. Be it further enacted, That this Act shall be submitted to an election for the approval or disapproval by the qualified voters of the town of Adel at the next regular election of town officers, viz.: on the third Wednesday in October, 1901. That notice of said election shall be by the mayor of Adel published at least once previous to the day of said election. Those voters favoring this Act shall have written or printed on their ballots For Public Schools, and those opposing shall have printed on their ballots Against Public Schools. That said election shall be held at the same time and in the same manner as elections for mayor and councilmen for the town of Adel, and the managers of said elections shall certify the number of votes cast For Public Schools and Against Public Schools to the mayor and council of the town of Adel; and if two thirds of the qualified voters of said town shall vote for public schools, the mayor of said town shall so declare in writing and publish his said declaration once in a newspaper published in said town, and upon said publication this Act shall take effect and be of force, and the public schools herein provided for shall be put in operation as soon as the mayor and council shall deem practicable; but should there not be a two thirds majority in favor of the public schools at the said election on the third Wednesday in October, 1901, then the question may be again submitted at the next annual town election, and so on each year until the same is adopted by the said two thirds majority as above provided. Election for public schools. SEC. XXXIV. Be it further enacted, That all Acts and amendments of Acts heretofore passed to incorporate and confer powers

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on said town, and all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 19, 1900. AVERA, TOWN OF, INCORPORATED. No. 49. An Act to incorporate the town of Avera in the county of Jefferson and State of Georgia, to define the limit of same, provide for officers to govern it, prescribe their duties, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the town of Avera in the county of Jefferson be, and the same is, hereby declared to be incorporated under the name and style of the town of Avera, and as such shall be entitled to sue and be sued, plead and be impleaded, and do such other acts as may be authorized by this Act. Avera, town of, incorporated. SEC. II. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall be one half mile in every direction from the residence of George F. Dixon in the town of Avera, situated on the Augusta Southern Railroad. Corporate limits. SEC. III. Be it further enacted, That the government of said town shall be invested in five aldermen; that Dr. J. C. Raley, S. M. Lafavor, W. G. Walden, Dr. W. T. Roney and E. O. Williams be appointed aldermen to hold their offices until their successors are elected and qualified as hereinafter provided. Aldermen. SEC. IV. Be it further enacted, That on the second Wednesday in January, 1901, and annually thereafter on the same day in each year, an election shall be held in said town for five aldermen, who shall hold their offices for the term of one year, and until their successors are elected and qualified. But no one shall vote for, or be eligible to the office of alderman of said town who is not qualified to vote for members of the General Assembly of this State, and the certificates of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the office to which they have been elected. Aldermen, election. SEC. V. Be it further enacted, That before entering upon the discharge of their duties, the 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

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that I will faithfully discharge all the duties devolving upon me as alderman of the town of Avera, to the best of my ability, so help me God. SEC. VI. Be it further enacted, That the chairman of the board of aldermen shall be ex officio justice of the peace, and shall have full authority to issue warrants for any 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 this State, and admit to bail or commit to guard-house for violation of the ordinances of said town. Oath. SEC. VII. Be it further enacted, That said aldermen shall have power to levy and collect a tax of not exceeding five tenths of one per cent upon all property, both real and personal, withint the corporate limits of said town; they shall also have power to require all persons within said corporate limits of said town who are subject to road duty under the laws of this State to work on the streets of said town, or may prescribe a commutation tax, which may be paid in lieu of work on the streets. Tax on property. Commutation. SEC. VIII. Be it further enacted, That said aldermen shall have power and authority to pass all ordinances and by-laws which they may deem necessary for the good government of said town; provided, they be not repugnant to the Constitution and laws of said State and the United States. Aldermen powers of. SEC. IX. Be it further enacted, That said chairman of board of aldermen, if from any cause he fails to act, any three of said aldermen are authorized to try and punish any person charged with violation of any ordinance of said town, and to punish persons found guilty of such violation by fine, not to exceed fifty dollars, or imprisonment not to exceed thirty days. SEC. X. Be it further enacted, That said aldermen be, and they are, [Illegible Text] vested with the power to prescribe such rules for the collection of taxes, fines and all other money due to said corporation and for the enforcement of all other power herein given them as in their judgment may seem proper. Municipal powers. SEC. XI. Be it further enacted, That if any vacancy shall occur in said body of aldermen, the same shall be filled by an election made by the remaining members of said board, and the person so elected shall hold his office so long as his predecessor would have held the same. Vacancies. SEC. XII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 6, 1900.

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ATHENS, CITY OF, CHARTER AMENDED. No. 136. An Act to amend an Act entitled an Act to amend the charter of the town of Athens, under the various Acts amendatory thereof, approved August 4, 1872, so as to authorize the mayor and council of the city of Athens to make sewer connections with property where the owner fails or refuses to make such connections, and to charge the owner of such property for making such connection. 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 4, 1872, be, and the same is, hereby amended as follows, to wit: That the mayor and council of the city of Athens shall have full power and authority to make all sewer connections in the city of Athens, after the party or parties, who, having been notified, either by special notice or general ordinance, to make such sewer connections, shall fail or refuse to do the same. That when said mayor and council have made such sewer connections they shall keep an itemized statement of the cost of same, and when such connection or work is done it shall be the duty of the clerk of the council to notify the party or parties upon whose lot such connection is made the amouth of such bill, and upon their failing to pay the same upon presentation, said clerk of the council shall issue a fi. fa for said amount directed to the city marshal of Athens, who shall levy the same as other tax fi. fas. Athens. Sewers. SEC. II. Be it further enacted, That all amounts for such connections be, and the same are, hereby declared a special lien on the property connected with said sewer system from the date of said order of connection. Lien. SEC. III. Be it further enacted, That all laws or parts of laws in conflict with said law be, and the same are, hereby repealed. Approved December 18, 1900. ATLANTA, CITY OF, CHARTER AMENDED. No. 107. An Act to amend the charter of the city of Atlanta. SECTION I. Be it enacted by the Senate and House of Representatives

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of the State of Georgia, in General Assembly met, That the Act establishing a new charter for the city of Atlanta, approved on the 28th day of February, 1874, and the several later Acts amendatory thereof be, and the same are, hereby further amended as follows: Section thirty-one of said charter as published in the city code of Atlanta of 1899, being section thirteen of the Act approved February 28, 1874, as amended by later Acts, is hereby further amended by inserting between the words of and each, in the fourteenth line of said section, as published in said city code the words a quorum, and by striking from the twenty-fourth and twenty-fifth lines of said section, as so published, the words and the mayor and mayor pro tem., presiding in either body, shall have no vote except in case of a tie; so that said section, when thus amended, shall read as follows: Section 31. In all votes, resolutions or ordinances, having for their object the increase of the indebtedness of the city, or the expenditure of its revenue, except appropriations for the payment of its salaried officers, the councilmen representing the different wards and the aldermen representing the city at large, shall act as separate and distinct legislative bodies, and no vote, resolution or ordinance having for its object the increase of the indebtedness of the city, or the expenditure of its moneys, or authorizing the sale of any part of the public property of the city, or the granting of franchises for street railroads or railways or telephone companies or telegraph companies, or electric or gas companies, or any other similar franchise where the streets or public alleys are to be used for any purpose in the prosecution of the business of the company seeking the franchise, shall be voted until the same shall have received a majority of the votes of a quorum of each of those legislative bodies, separately cast. The aldermen shall have no vote upon such questions when originally presented and voted on by the councilmen as aforesaid, but shall meet as a separate body and vote on the same. When any such vote or resolution is passed, any one alderman or two councilmen may give notice of a motion to reconsider which motion, in either case, shall operate to delay the question until said consideration can be acted upon at the next regular meeting; the meeting of said aldermen to be presided over by the mayor pro tem., and the city clerk shall keep the minutes as in meeting of the general council. In all other matter they shall act as a joint board. Each member of the general council shall have a right to call for the yeas and nays, and have the same recorded on the minutes in all cases, whether sitting in general council or as separate bodies. Eleven shall constitute a quorum of the general council for the transaction of business; a majority of either body acting separately, shall be a

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quorum of the same, but in all cases a less number may adjourn from time to time, and compel the attendance of the absentees. Atlanta. Councilmen and aldermen separate bodies. SEC. II. Be it further enacted by the authority aforesaid, That section 24 of said charter, as published in the city code of Atlanta of 1899, is hereby repealed, and a new section, to be known as section 24 of said charter, is hereby substituted in lieu of said section so repealed, as follows: Section 24. At the first meeting in January of each year the mayor shall preside over the general council and administer the oath of office to newly elected members, and announce the standing committees for the year, and the general council shall then proceed to the election of a mayor pro tem. The mayor shall also preside at the sessions of the general council during the election of officers unless absent from the city or prevented by illness or other unavoidable cause, in which event the mayor pro tem. shall preside. The mayor and mayor pro tem., when presiding respectively over the general council or board of councilmen as above provided, shall have no vote, except in case of a tie. The mayor pro tem., when presiding over the board of aldermen, shall vote on all questions coming before that board for separate action, and shall have no additional vote in case of a tie in that board. The mayor shall be ex officio a member of the board of police commissioners, water commissioners and board of health and board of education. Mayor and mayor pro tem., vote of. Mayor member of boards. SEC. III. The charter of the city of Atlanta is hereby further amended so as to provide that so long as the aldermanic board shall consist of six members, the mayor shall preside whenever, upon certificate of three members, it appears that the aldermanic board is evenly divided upon any question under consideration. In such case, when three members of the aldermanic board shall certify in writing to the mayor that a tie vote has resulted on any proposition under consideration, it shall be the duty of the mayor to convene the aldermanic board for the further consideration of the question on which such tie vote was had, and to cast his vote for the purpose of breaking such a tie. In such meetings at least four votes, including that of the mayor, must be cast to validate action on the proposition under consideration, but when as many as four votes are cast under such conditions, the vote shall be regarded as the action of the aldermanic board, and shall become operative as such. Tie vote in aldermanic board. SEC. IV. The charter of the city of Atlanta is hereby further amended so as to authorize the mayor and general council of said city in their discretion to issue and sell two hundred thousand ($200,000) dollars of bonds of said city in denominations of $1,000, to run for thirty years from the date of their issue, and to

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bear interest at the rate of 3 1-2 per centum per annum. Principal and interest of said bonds shall be payable in gold coin of the United States of the present standard of weight and fineness; the interest to be payable semi-annually, and the principal to be paid at maturity of said bonds; provided, said bonds shall not be sold below par; and provided, that the qualified voters of the city of Atlanta assent to the issue of said bonds at an election to be called by the mayor and general council at any time during the years 1901 and 1902. In the event said bonds are issued the mayor and general council of the city of Atlanta shall provide for the levy and collection of an annual tax during the life of said bonds, sufficient to raise a fund to pay the interest on said bonds semi-annually during said period; and also, to provide a sinking-fund to pay off the principal of said bonds at their maturity. The proceeds of the sale of said bonds, if issued and sold, shall be applied only to the extension and better equipment of the system of water-works belonging to said city of Atlanta. Bonds for water-works. SEC. V. Said charter is hereby further amended by repealing section 61-a thereof, as published in the City Code of Atlanta of 1899, and by substituting therefor the following: It shall be unlawful for any person holding an office or position of emolument or regular employment under appointment by the president of the United States or any department of the Federal government. or election by the people of the United States or any of them, or any district in the United States, or under appointment by the governor of Georgia, or any other officer or officers of the State or county, voted with appointing power, or election by the people of the State or any county, or other political division of said State after the 31st day of December, 1900, to occupy or hold the position of mayor, alderman or councilman of the city of Atlanta or any other office or position of emolument or regular employment in or under said city government, whether said office or position be by election or appointment or regular employment during the time he holds said Federal, State or county office or position: provided, this section shall not apply to those city boards in charge of the educational, library or charitable departments of the city government, and that neither the mayor, alderman or councilmen, nor any other officer of said city, who, by virtue of election by the people or appointment by the mayor, or election or appointment by the mayor and general council, or any committee thereof, or election or appointment by any of the boards of the city government, holds such office after the 31st day of December, 1900, shall be eligible to hold any other office or position of trust, honor or emolument, or any other regular employment in the service of said

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city government; nor shall they or any person be eligible to service on more than one of the boards, such as police commissioners, water commissioners, board of health, or any other board of said city now existing or hereafter created, at the same time, excepting that membership in the board of trustees of the Grady Hospital or the board of trustees of the Carnegie Library or board of education shall not disqualify such trustees for any other city office, position or employment; nor shall any member of the general council be a member of any board under said city government except as is now provided for by the charter of said city, and that the acceptance by the mayor, any councilman, alderman or other officer or regular employee of said city, after the 31st day of December, 1900, of any office or position of trust, honor or emolument, or regular employment under the Federal, State or county government, excepting the board of trustees of the Grady Hospital or board of Carnegie Library or board of education, shall immediately create a vacancy in the office, position or employment he holds in or under said city government, which vacancy shall be filled in the manner provided by law; and that the acceptance by the mayor or any alderman, councilman or other officer or regular employee of said city government or board or department thereof of any other city office, position or regular employment shall likewise vacate the first office, position or employment held by such officer or employee, except as hereinbefore provided. Officers and employees. SEC. VI. Be it further enacted by the authority aforesaid, That this Act shall not become effective until after the first Monday in January, 1901, after which it shall be operative. 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 17, 1900.

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BARNESVILLE, CITY OF, DISPENSARY FOR. No. 178. An Act to repeal the Act approved September 18, 1883, prohibiting the sale of alcoholic, spirituous or malt liquors or intoxicating bitters in the county of Pike, after the submission to the qualified voters of the county, and the Act amending the same, approved October 24, 1887, so far as the same relate to the city of Barnesville, to the extent set out in this Act; to provide for the establishment and maintenance of a dispensary in the city of Barnesville for the sale of spirituous, vinous, malt and other intoxicating liquors; to authorize the mayor and council of said city to establish said dispensary, and to pass ordinances in reference to the conduct of the same; to establish and perpetuate a commission for the management of said dispensary and to prescribe their powers and duties; to provide regulations for said dispensary, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and is hereby enacted by authority of the same, That the Act approved September 18, 1883, prohibiting the sale of alcoholic, spirituous or malt liquors or intoxicating bitters in the county of Pike, after submitting the same to the qualified voters of the county, and the Act amending the same, approved October 24, 1887, be, and the same are, hereby repealed so far as the same relate to the city of Barnesville in said county, to the extent and so that sales of spirituous, vinous, malt and other intoxicating liquors may be made in and from a dispensary established in said city by this Act, as hereinafter provided. Barnesville dispensary SEC. II. Be it further enacted, That as soon as practicable after the passage of this Act the judge of the Superior Court of Pike county, said State, shall appoint three citizen freeholders of said city to be commissioners of the dispensary established by this Act, one to hold office for one year, one for two years, and one for three years, or until their successors are appointed and qualified. Said commissioners, when so appointed, and their successors in office, shall constitute a body corporate under the name of the dispensary commission of Barnesville, Georgia, and are hereby incorporated as such, and as such shall have power to sue and be sued, contract and be contracted with, plead and impleaded in all the courts of this State, to buy spirituous, vinous, malt and other intoxicating liquors and ciders and other supplies for said dispensary, and sell

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the same at retail by and through its manager as hereinafter provided; to buy, hold or lease real or personal property for the purposes of the said dispensary, and shall also have all other rights, powers and privileges conferred on it by this Act, as well as those common to corporations generally under the laws of this State. At the expiration of the respective terms of the commissioners appointed as aforesaid, said judge shall appoint other citizen freeholders of said city as their successors, their term of office to be three years, so that one new member shall be appointed each year; vacancies shall likewise be filled for unexpired terms by said judge. Any member of said commission may be impeached and removed by said judge for misfeasance or malfeasance or other dereliction of duty at any time, upon charges preferred against him, and ten days notice given him of the trial. Dispensary commission incorporated. SEC. III. Be it further enacted, That said commissioners, before entering upon the discharge of their duties as such, shall take and subscribe an oath before some qualified officer that they will faithfully and honestly discharge all the duties imposed upon them by this Act and the laws of the land. It shall not be lawful for said commissioners or for any of them, or for the manager of said dispensary hereinafter provided for, to make any personal profit or gain out of their office or out of said dispensary, except their regular salaries as herein provided. The commissioners shall elect from their number a chairman, a secretary and a treasurer, whose duties shall be those usually appertaining to such offices, and any two shall constitute a quorum for the transaction of business. The treasurer shall give a good and sufficient bond in the sum of two thousand dollars ($2,000) to the mayor and council of the city of Barnesville, conditioned to faithfully account for all moneys that may come into his hands as such treasurer, and to faithfully and honestly perform all the other duties of his office. Commissioners, oath, salaries, etc. Treasurer, bond. SEC. IV. Be it further enacted, That the dispensary commissioners provided for in this Act shall establish and maintain at some central point within the fire limits of said city of Barnesville a dispensary for the sale of spirituous, vinous and malt liquors, ciders and other intoxicants. They shall, from time to time, elect a citizen of said city, to be known as the manager of the dispensary, who shall have charge and control of such dispensary under their supervision and regulations. Such manager shall be chosen for such term as the commissioners shall deem best, and shall be removed by them at any time for what they deem sufficient cause. He shall be required to give bond in a sum fixed by the commissioners, not less than one thousand ($1,000) dollars, conditioned

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to faithfully account for all moneys and goods that may come into his hands as such manager, and for the faithful performance of the duties required of him by this Act and by the commissioners in their regulations. He shall receive a salary to be fixed by the commissioners, and his compensation shall not be dependent on the amount of sales; and he shall also take and subscribe an oath before some qualified officer that he will faithfully and honestly discharge his duties as such manager, and that he will not violate or permit to be violated any of the laws of this State respecting the use or sale of intoxicating liquors, etc., or the provisions of this Act, or the ordinances of said city regulating said dispensary. Such manager is also hereby clothed with full police power and constituted a policeman of said city, and is authorized and empowered to keep order in and about said dispensary, and to make arrests for violations of the ordinances of said city or the criminal laws of the State. Dispensary manager, duties, salary and authority. SEC. V. Be it further enacted, That said dispensary. commissioners shall purchase and keep on hand at all times in said dispensary a stock of such ardent spirits, malt liquors, wines, ciders and other intoxicants, and in such quantities as they may deem proper, but the same shall always be pure and unadulterated. All bills in the operation of said dispensary shall be paid by the treasurer of said commission after having been approved by a majority of said commission in writing. Said manager shall sell only for cash, and shall turn over all the moneys received by him to the treasurer of said commission each day, taking his receipt for the same in a book provided for the purpose, and said treasurer shall keep a separate account of the same and shall not mingle the same with his own or other funds. Stock. Sales. SEC. VI. Be it further enacted, That it shall be lawful for such manager to make sales of spirituous, vinous or malt liquors, ciders, etc., from said dispensary in accordance with the provisions of this Act and under such rules and regulations as may be prescribed by said commission, and is hereby authorized so to do. The price at which said liquors, wines, etc., shall be sold shall be fixed by said commission, not to exceed twenty-five per cent. on original cost. The manager shall make a monthly report to the commissioners, showing amount of sales for the preceding month and stock on hand the last day of said month. Said commissioners may cause an analysis and inspection to be made of said stock of wines, liquors, etc., or any part of same, whenever they sec proper, by a competent chemist, the expense to be paid out of any funds in the hands of the treasurer. Price. Report. SEC. VII. Be it further enacted, That said commissioners shall

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have general control of said dispensary, and shall make from time to time rules and regulations for the operation of said dispensary, not in conflict with the provisions of this Act and the general law. Control. SEC. VIII. Be it further enacted, That in addition to such rules and regulations as said board may enact, the following regulations for said dispensary and the management thereof are hereby created: The quantity of any kind to be sold to any one person in any one day shall not exceed one quart, and the quantity sold to any one person at any one time shall not be less than one pint. No liquor of any kind shall be drunk in the building or on the premises whereon said dispensary is located. The dispensary shall not be open before sunrise and shall be closed each day before sunset. It shall be closed on Sundays, public holidays and election days, and such other days as the commissioners may direct. The manager shall be bound by all the laws of this State regulating the sale of liquors and all the regulations of the commissioners not in conflict with the laws of the State. No kind of table, stand, cards, game, machine, board, device or implement for playing any game shall be allowed or kept or had in the building or on the premises where said dispensary shall be located. Regulations. SEC. IX. Be it further enacted, That no liquors shall be sold in such dispensary to persons purchasing for the purpose of selling again, either lawfully or unlawfully, and in case said commissioners are satisfied that any person or persons are indirectly or directly purchasing for the purpose of reselling, they are authorized to direct the manager not to sell such person or persons except up the certificate of a reputable physician that such liquors are needed for medicinal purposes. Resale. SEC. X. Be it further enacted, That the manager of the dispensary shall not allow any person or persons to loiter in the dispensary or about the dispensary or the premises on which it is situated, and for a failure to comply with the provisions of this section he shall be removed by the commissioners; and any person refusing to leave the dispensary or premises upon which it is located shall be punished, upon conviction in the mayor's court, as shall be prescribed by the ordinances of the said city. The mayor and council shall, from time to time, pass such ordinances as may be necessary to carry out the purposes of this Act, and shall provide suitable penalties for the violations of the provisions of this Act or of the regulations of the commissioners, by the manager or by other persons. Loiterers. SEC. XI. Be it further enacted, That no person holding any office or position of any kind under the charter or ordinances of said city, shall be eligible to be chosen as a dispensary commissioner

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or as manager of dispensary during the time for which he was elected to such office or position, and all persons chosen as dispensary commissioners or as manager under this Act shall, for the time for which they are chosen, be ineligible to election to any officer or position under the charter or ordinances of said city; provided, that the dispensary commissioners and the manager may always be reclected commissioners or manager respectively. Commissioners and manager, eligibility of. SEC. XII. Be it further enacted, That the dispensary commissioners shall be paid for their services such sums as the mayor and council shall determine, which shall not be less than twenty-five ($25) per annum each, and the treasurer of the commission shall be paid twenty-five ($25) per annum additional. Salaries. SEC. XIII. Be it further enacted, That the mayor and council of Barnesville shall and they are, hereby authorized to furnish to said dispensary commission a stock of wines, liquors, ciders, etc., necessary for establishing said dispensary at the actual cost thereof, taking a complete inventory of the same, and said dispensary commission shall pay said city for the same from the profits of the dispensary, and thereafter the dispensary shall be supported and maintained entirely out of the profits arising from the sales in the dispensary. Neither the city of Barnesville nor the mayor and council thereof shall be liable for any goods purchased for said dispensary, nor for the contracts or debts created by said dispensary commission. Stock, how provided. SEC. XIV. Be it further enacted, That said commission shall make monthly reports to the mayor and council of said city, showing the receipts and expenses of the dispensary for the calendar month preceding, and the amount of the net profits, if any, and such net profits shall be paid monthly into the treasury of said city, the city treasurer's receipt to be taken therefor, and the same shall be expended as the mayor and council may direct; and likewise said commissioners shall, on or before the eighth day of September of each year, make an annual report to said mayor and council, making a full and complete showing of the receipts and expenses of the dispensary for the twelve months preceding, and also the amount of the net profits, if any. Reports of commission. SEC. XV. Be it further enacted, That should the manager of said dispensary be absent from the city, or sick, or otherwise unable to act at any time, said commission shall appoint or deputize and swear in some other discreet citizen of said city to act as such manager temporarily in his place, and such appointee, during the term he acts as manager shall be clothed with and shall exercise all the rights, powers and privileges and immunities which the regular manager has under the provisions of this Act. Manager pro tem.

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SEC. XVI. Be it further enacted, That no sales of spirituous, vinous, malt or other intoxicating liquors shall be lawful in said city, except as made in said dispensary as provided by this Act, and neither the authorities of said city nor any other power shall have the right to license or authorize the sale of such liquors in any other place or manner in said city. Other sales prohibited. SEC. XVII. Be it further enacted, That nothing in this Act shall be so construed as to restrain or prevent any person from manufacturing or selling in said city any domestic wines from grapes or berries grown on lands owned, rented or leased by him in this State; provided, such wines be sold at wholesale or in quantities not less than one quart. Domestic wines. SEC. XVIII. Be it further enacted, That this Act shall not go into effect until the same is ratified by the qualified voters of the city of Barnesville at a special election ordered by the mayor and council after thirty days' notice in the public gazette of the town; and provided further, that the ballots shall have printed or written on them the words Dispensary Limited or Dispensary Unlimited, and if a majority of the legal ballots in said election shall be cast for Dispensary Limited then the sale of spirituous, vinous and malt and other intoxicating liquors and cider provided for in this Act shall be made for medicinal, mechanical and sacramental purposes only, but if the majority of the legal ballots should be cast for Dispensary Unlimited, then the sale of said liquors may be for any and all purposes; provided, that no one shall be allowed to vote in said election unless he is a qualified and registered voter of the said county of Pike, as well as of said city, as required by law; and provided further, that said election shall not be called earlier than May 1, 1901. Election for dispensary. SEC. XIX. Be it further enacted. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1900. BLAKELY, CITY OF, INCORPORATED. No. 152. An Act to create and incorporate the city of Blakely in lieu of the town of Blakely, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is enacted by authority of the same, That the city of Blakely

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is created and incorporated in lieu of the town of Blakely in Early county. The territorial limits of the city of Blakely shall be identical with the present territorial limits of the town of Blakely, except as is otherwise specified in this Act. All lands, tenements, casements, streets, alleys, hereditaments, rights, powers and interest in property, real, personal and mixed, belonging to the town og Blakely at the date of the passage of this Act shall belong to the city of Blakely on and after the passage of this Act. All legal, debts, obligations, notes, bills, accounts and liabilities of whatever nature, owing by the town of Blakely at the date of the passage of this Act, shall be owing by the city of Blakely on and after the passage of this Act. All bonded indebtedness voted for by the people of Blakely prior to the passage of this Act shall be carried into effect on and after the passage of this Act by the municipal authorities of the city of Blakely, and shall be bonded indebtedness of the city of Blakely. This Act shall not be construed as destroying and ending the powers hitherto conferred upon the town of Blakely by the General Assembly of Georgia, but is enacted in the nature of an amendment to the present charter of Blakely and as continuing the existence of said town but changing it to a city, reserving and saving to it, in its new corporate form, all the powers, rights, privileges, duties and liabilities of said town through its charter, the amendments thereto and the Acts legally done thereunder (not inconsistent with what is herein enacted), but extending and adding the provisions of this Act to the rights, privileges, powers, duties, liabilities and limitations created by said charter of the town of Blakely, the amendments thereto, and the Acts done thereunder. The ordinances of the town of Blakely shall be ordinances of the city of Blakely and enforcible as such until repealed or changed by the city council of Blakely. Blakely city of incorporated. Property of. Liabilities of. Rights and liabilities of town inure to city. SEC. II. The municipal authorities of said city shall consist of a mayor and four councilmen who together shall be known as the city council. Three councilmen, or the mayor and two councilmen, shall constitute a quorum of the city council. The concurrent vote of three councilmen, or the mayor and two councilmen, shall be necessary to the passage of any order, resolution, ordinance or other official action of the city council. The mayor may vote on any question. The council may elect from their number a mayor pro tempore, who shall have the same authority in all matters as is given to mayor whenever the mayor, for any reason, can not or will not act, or declines to do so. Council, quorum. Mayor pro tem.

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SEC. III. The mayor or any councilman may be impeached and removed from office upon being convicted by the concurrent vote of three members of the council of malpractice in office or grossly immoral conduct, or of an act amounting to a felony under the laws of this State or involving moral turpitude. The officer, upon being so accused, shall be given a fair trial before the other members of the council and, if convicted, may obtain certiorari according to the rules of law of this State, but pending the hearing of such certiorari such officer shall be suspended from his office. Officers removable. SEC. IV. The mayor and councilmen of said city shall be elected on the first Saturday in January of each year for the term of one year and until their successors are elected and qualified. The present officers of the town of Blakely shall serve as officers of the city of Blakely till the next election. If an election is not held at the prescribed time, a special election may be called by the city council or according to the provisions of section 692 of the Code of Georgia, volume I. Vacancies existing in the city council may be filled at any time by a special election to be called for that purpose by a majority of the remaining members of the city council, of which election ten days' public notice shall be given. Election. SEC. V. All general and special elections in said city shall be held between the hours of nine o'clock in the morning and three o'clock in the afternoon by three managers, whom the city council are authorized to designate if they see fit to do so. Any citizen of said town eligible to be a manager in elections for members of the General Assembly shall be eligible to act as manager in such city elections. Election hours, managers. SEC. VI. On Monday following the regular election for mayor and councilmen, as soon thereafter as practicable, the city council elect may qualify by taking an oath to faithfully discharge the duties of the office of mayor and councilmen to which they have respectively been elected and when they have so done, the council then in office shall turn over the affairs of the city government to them. A failure to qualify for fifteen days after the election shall operate to vacate the office of any member elect of the city council. A certificate from a majority of the election managers shall be prima facie evidence of who is elected mayor and councilmen at any election, and unless notice of a contest be served in writing upon the person or persons certified by the managers to be elected personally, or if he be absent from the city by leaving at his most notorious place of abode, before his qualification in manner aforesaid, the certificate of the election managers shall be conclusive. Only citizens of the city of Blakely shall be eligible to be elected mayor or councilmen. Qualification.

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SEC. VII. The following persons, and no others, except as is otherwise provided herein, shall be qualified to vote in general and special elections in said city: All persons eligible to vote for members of the General Assembly, according to the law of the State of Georgia, who shall have resided in said city for six months preceding such election and who shall have paid all taxes required of them by the city of Blakely and in general elections for mayor and councilmen who shall have been registered as hereinafter provided. The city council may provide a system of registration for any special election if they see fit to do so; otherwise registration will not be required of voters at special elections execept as may be otherwise provided in this Act. Voters. SEC. VIII. Registration of voters for the general election for mayor and councilmen shall be had in the following manner: Annually by the first of October the clerk of the city council or some other person whom the city council may appoint shall open one or more registration books, in which any person desiring to be registered as a voter may sign his name, thereby subscribing an oath, printed or written above, which oath shall be so framed as to cause the subscriber to swear to the fact of his possessing the qualification of a voter as set forth in section 7 of this Act. The signature may be made by mark, provided the officers in charge of said books read said oath to the person signing by mark and attest the signature. The clerk of council and other persons authorized by the city council to have charge of said books are hereby empowered to administer said oath. Said registration books shall be closed by six o'clock p. m., December first of each year, and the clerk of council shall forthwith furnish to the mayor a complete list of all persons registered in said books. At any time on or before the fifteenth of December any citizen of said town may make written objection specifying that any one or more persons named on said list are not legal voters. Whereupon the mayor shall cause to be given to the person so challenged at least two days' written notice, personally, or by leaving at his most notorious place of abode, if he be absent from the city, of the fact of the challenge and of the time and place a hearing will be had. The mayor shall hear the question and if it appears that such person is not legally qualified to vote shall erase his name from the list. He shall then cause to be furnished to the managers of election a list of those registered and not thus removed from the list, and the managers shall allow those persons whose names are on the lists furnished them by the mayor and no others to vote at said election. The city council may provide that the duties required of the mayor in this section shall be discharged by a board of three registrars, to be appointed by them. Registration of voters.

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SEC. IX. Managers of elections shall take the following oath at the beginning of each election: We swear that we will honestly and lawfully manage this day's election and make a true return thereof, and that we will not allow any one to vote whose name is not on the list of registered voters furnished us for this election, if a list be furnished us. Election managers, oath of. SEC. X. The city council may create and abolish at their discretion such offices as they may deem necessary and elect officers to fill them, and may prescribe the duties of such officers under such regulations as they may ordain. The city council shall select a clerk, marshal and city attorney and shall prescribe their duties and compensation and such other regulations as they deem necessary. Officers. SEC. XI. The city council each year before the annual election for mayor shall fix the salary of the next mayor, and in event they fail to do so, the mayor shall receive the same salary as was paid the year before. The city council may prescribe by ordinance a bill of cost and fees to be charged by officers of said city and may provide for the disposition of such cost and fees. SEC. XII. Power is hereby conferred upon the mayor, mayor pro tempore, recorder, city attorney, and clerk of council respectively, to administer any oath or affidavit in relation to any matter connected with affairs of the city government of Blakely. SEC. XIII. The police court of the city of Blakely may be held at any place in said city or at any time except Sunday. It may be held by the mayor, mayor pro tempore, by a recorder (if such office be created by the city council), under such regulations as the city council may adopt. The officers presiding in said police court shall have authority to punish persons convicted therein of violating the ordinances of said city by fine not exceeding one hundred dollars, by imprisonment in the jail of Early county or such other place as the city council may provide for a prison, for a term not exceeding one hundred days, either or both, and to coerce the payments of fines imposed by imprisonment. Labor in the chaingang or on the streets, not exceeding one hundred days, may be allowed as an alternative to fine or imprisonment. Sentence may be cumulative. Contempt in said court may be punished in like manner. The city council may suppress cruelty to animals, gaming, the running of blind tigers, lewd and disorderly houses, public indecency, lewdness, obscenity, profanity and all like things, notwithstanding the acts may also be involved in State offenses. Police court. SEC. XIV. Any person convicted in the police court may obtain certiorari directly from the decision of the officer presiding in said court under the same rules as certiorari is obtained from the decision

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of county judges in criminal cases, or he may waive his right to apply for certiorari and may, within four days from rendition of the decision in the police court, enter an appeal to the city council, who shall hear the case anew, and their decision shall be final. There shall be no certiorari from the decision of the council. The mayor or mayor pro tempore, presiding in the police court, shall not be disqualified to act with the city council hearing the appeal. Certiorari from police court, appeal. SEC. XV. The following sections of the first volume from the Code of Georgia of 1895 shall be of force and effect as law in relation to the city of Blakely and are included in this charter in like manner as if set out in detail herein, except in so far as they may be inconsistent with what is herein otherwise enacted, to wit: sections 692, 696, 697, 698, 699, 701, 704, 705, 707, 708, 709, 712, 713, 714, 715, 716, 717, 718, 723, 724, 732, 733, 734, 735, 740, 741, 742, 744, 755, also section 702; but the right given to municipal corporations by said section 702 to tax anything for which a State license is required shall be limited, so that the right of said city to tax dispensaries operated by county authorities shall be in an amount not exceeding seven hundred dollars; nor shall any license be granted to barrooms or saloons so long as a dispensary is in force in Early county. General law. SEC. XVI. The city of Blakely shall have power to tax, license and regulate hotels, boarding-houses, livery stables, means of public transportation, billiard saloon, tenpin alleys, shows and exhibitions, drays, markets, and dealers in fish and oysters. They may impose special taxes upon any or all occupations and business, public or private, carried on in said town, and upon franchises and incomes. They may tax by special tax and regulate the business of insurance companies, express companies, railroad companies, telegraph companies, telephone companies, or the agents of any of them, but this enumeration shall not be construed as excluding any other occupation or business from the taxing power of said city. They may put an ad ralorem tax, not exceeding the constitutional rate, on all property in said city. The taxing power of said city shall be as general, full and complete as that of the State itself. Special taxes. Ad [Illegible Text] tax. SEC. XVII. The city council shall have the right to grant franchises for the use of their streets for the erection of telephone lines, electric light lines, car lines, and for other public utilities, and all such franchises hitherto granted by the town of Blakely are confirmed and made binding hereafter on the city of Blakely. The city council of Blakely may prohibit all persons, firms and corporations to whom they do not grant a franchise from using said streets for the erection of poles, wires or encroachments of any

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nature. They may regulate the manner in which awnings may be erected in the said town and may, by ordinance, prescribe a method by which they shall be kept in repair at the expense of the owner or person erecting them. They may require the removal of awnings at their discretion. Franchises. SEC. XVIII. The city council may organize a fire department and may make all needful regulations relating thereto. They may establish fire limits and may regulate the manner in which houses or other structures may be built or altered in any portion of the city. They may maintain a system of water-works, gas-works, electric lights or other lighting plant, sewerage and other utilities of like nature, and may prescribe and enforce all needful regulations in respect to them. The city council shall have authority to own, control and regulate cemeteries in said city, and to make all needful regulations respecting the same. The city of Blakely, through its city council or through officers provided for by them, may carry on any business not contrary to the laws of this State. SEC. XIX. There is hereby established a system of public schools for the city of Blakely. The same shall be under the control of a board of five members known as the city board of education, and shall no longer be under the management and control of the county board of education of Early county. The city board of education shall be elected as follows: the present trustees of the Blakely Institute, A. J. Singletary, E. L. Fryer, J. J. Smith, A. G. Powell and F. S. Jones, shall serve in that capacity until January first, 1901, and until their successors are elected. Between the date of the passage of this Act and January 1, 1901, the present town council of Blakely, who on and after the passage of this Act will become a city council of Blakely, shall elect five members of said board. The term of office of the members so elected shall begin January 1, 1901. One member shall be elected for one year, one for two year, one for three years, one for four years, one for five years. Annually, on and after December 1, successors to those whose terms will expire on the first of January immediately succeeding shall be elected by the city council. After the first election herein provided for, all other elections, except to fill vacancies for unexpired terms, shall be for five years. Members of the board shall serve until their successors are elected. The corporate limits of the city of Blakely for the purposes of this section shall include all the territory within the following bounds: Beginning at a point three miles north of the court-house in Blakely and extending west three miles; thence south six miles; thence east six miles; thence north six miles; thence west three miles to the point of beginning; and jurisdiction of said city for all the purposes of this

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section shall extend over said territory, which said territory is referred to in this Act hereafter by the words school limits. The city board of education shall have the same authority, jurisdiction and powers in respect to schools and educational matters of every nature within said school limits as county boards of education now have under the law of this State in their respective jurisdictions. The chief executive officer of the city board of education shall be known as city school commissioner of Blakely. The term of office of said commissioners shall be four years. Vacancies shall be filled for the unexpired term. The first term shall begin January 1, 1901. The city board of education shall elect the commissioner, fix his pay and the amount of his bond. Said commissioner shall have the same jurisdiction, authority, powers and duties within said schools of Blakely as county school commissioners now have under the laws of this State, but the jurisdiction, authority, powers and duties of such commissioner may be changed by the city board of education. The members of the city board of education shall be entitled to the same exemption as members of the county board of education are entitled to under the law, but this shall not be construed to make them incompetent as grand jurors. Any citizen residing within the said school limits shall be eligible to be a member of the city board of education. No person shall be ineligible to election as commissioner of city schools of Blakely by being a member of said board, a member of the city council or county school commissioner. The city board of education may make all rules, laws and ordinances not in conflict with the Constitution and laws of this State they may deem proper concerning schools and educational matters within said school limits of Blakely. The city council of Blakely shall deed to said board of education the property on which the Blakely Institute is located, and they shall hold it for said city for the purposes of the white school. Any other persons or trustees may deed or sell said city board of education property for school purposes. The city council may appropriate money toward maintaining, furnishing or repairing school buildings and property held by said board. As early as practicable after the passage of this Act the city board of education shall cause a census to be made of all children between the ages of six and eighteen years residing within school limits of the city of Blakely. There shall be paid to the commissioner of city school of Blakely the pro rata share of all funds for educational purposes from any source coming to Early county in proportion as to number of children of school age within said school limits of Blakely shall be to the entire school population of Early county, and on and after December 31, 1900, the State

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School Commissioner shall so divide and pay the school funds coming to the children of Early county. Children of school age residing outside of said school limits, but attending the public schools within said school limits, shall be counted in the school population of said city and shall be entitled to have their share of the school funds paid over to the city school commissioner of Blakely for them, and likewise all children of school age resident of said school limits but attending schools in said county outside said school limits shall be entitled to have their share of the county school fund paid over to the county school commissioner for them, instead of to the city school commissioner. And the municipal authorities of Blakely having so recommended, it is enacted that the city council of Blakely may maintain the public schools of said city by taxing all the property within the school limits, not exceeding two tenths of one per cent. ad valorem; provided, they submit the same to a vote as follows: The city council of Blakely may call an election and give thirty days' public notice of the same. At said election ballots shall be marked For school tax or Against school tax. If two thirds of the persons qualified to vote at said elections shall vote for school tax, then this authority to tax shall at once be of force and effect. Said tax shall be collected as other city taxes and paid to the city school commissioner. The city council shall provide for registration for said election, and any person who has resided in said school limits for six months and is qualified to vote for members of the General Assembly may register and vote, and the registration list shall be used to determine the number of qualified voters. If two thirds of the qualified voters fail to vote for the school tax at one election, subsequent elections may be called by the city council till two thirds of the qualified voters do vote. But a failure to call this election or a result against the school tax in said election shall in no wise interfere with the system of public schools provided for in the preceding portion of this section going into effect at once. Public schools, board of education. School limits. School commissioner. Rules for government of schools. School property. County school fund. School tax, Election. Registration. SEC. XX. The city council shall have authority to establish, maintain and enforce quarantine regulations and pass all needful ordinances respecting thereto. Their jurisdiction for this purpose shall extend as far as the limits known as the school limits of said city. The right to prevent animals running at large in said city may extend to the limits known as school limits, and the city council may provide by ordinance by impounding of animals and the sale of the same. Quarantine. SEC. XXI. Any process, summons, notice, execution or other like paper required to be served by the charter or ordinances of said city may be served and executed, and arrests may be made by the

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marshal or any police officer of said city unless otherwise provided, and at any place within the limits defined as the school limits of said city. Process, etc., service of. SEC. XXII. The city council may condemn or purchase property and exercise control over the same anywhere within the territory designated as the school limits of said city and may, by ordinance and through their officers, regulate and control the same for any public purpose. Condemnation. SEC. XXIII. Recitals in deeds under a sale for municipal taxes or assessments in said city shall be evidence of the facts so recited in any court of this State and shall be taken as prima facie true. Deeds under tax sales. SEC. XXIV. The city council may adopt a code of ordinances and may amend and repeal the same or any part of the same. SEC. XXV. The enumeration of powers contained in this Act shall not be considered as restrictive, but the city of Blakely and its municipal authorities may exercise all powers, rights and jurisdictions as they might if such enumeration were not made, and the city council may pass all laws and ordinances, rules and regulations, they may deem needful and proper for the general welfare of said city, and where under this charter rights are conferred or powers granted but the manner of exercising them is not fully prescribed, the city council may prescribed the method of exercising them, or they may prescribe additional regulations and modes of procedure not repugnant to the intents and purposes of this Act nor the laws of the State. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Municipal powers. Approved December 18, 1900. BLUE RIDGE, CITY OF INCORPORATED. No. 61. An Act to establish a new charter for the town of Blue Ridge in the county of Fannin, State of Georgia; to change the name of the town of Blue Ridge to the city of Blue Ridge; to grant certain privileges to said city of Blue Ridge; to repeal all Acts that conflict; to define the limits of the same; to provide for the election of officers; to prescribe their duties, rights and powers, and for other purposes. SECTION I. Be it enacted by the General Asesmbly of the State of Georgia, from and after the passage of this Act the corporate name of the town of Blue Ridge in the county of Fannin,

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is hereby changed, and shall hereafter be known as the city of Blue Ridge. Blue Ridge, city of. SEC. II. Be it further enacted, That from and after the passage of this Act the municipal government of the city of Blue Ridge in the county of Fannin in the State of Georgia shall be vested in a mayor and five councilmen, who are hereby constituted a body politic and corporate under the name and style of the mayor and councilmen of the city of Blue Ridge, and by that name and style shall succeed to all the rights and liabilities of the present corporation of said town, and shall have perpetual succession and shall have power and authority to make, ordain and establish, from time to time, such by-laws, ordinances, resolutions, rules and regulations as shall appear to them necessary and proper for the good government, security, general welfare and interest of said city of Blue Ridge and the inhabitants thereof, and for preserving the health, morals, peace and good order of the same, not in conflict with the Constitution or laws of this State; and shall have power and authority given by such corporate name to contract and to be contracted with, to sue and be sued, to plead and implead in any of the courts in this State, to have and use a common seal; to hold all property (real and personal) now belonging to said town or which may be hereafter acquired; to acquire real and personal property by gift, purchase or otherwise, as may be necessary for the use of said city of Blue Ridge; to use, manage, sell, lease, improve or rent any of said property as may be advisable for corporate interest. Rights and liabilities. SEC. III. Be it further enacted, That the corporate limits of said city of Blue Ridge shall be and extend as follows: That the court-house of Fannin county, in the city of Blue Ridge, shall be the center of such corporate limits of said city of Blue Ridge; and said corporate limits shall be and extend one mile northeast along the Atlanta, Knoxville Northern Railroad from said court-house, and shall be and extend one mile in the southwest direction along said railroad, as aforesaid, from said court-house, and said corporate limits shall be and extend on each side of said Atlanta, Knoxville Northern Railroad one half mile. Corporate limits. SEC. IV. Be it further enacted, That an election under this charter shall be held at said court-house in the city of Blue Ridge on the third Saturday in December, 1900, and on the third Saturday in December every year thereafter, for mayor and five councilmen, and a clerk and treasurer, who shall hold their office for one year, unless sooner removed, in a manner prescribed by law, and until their successors are elected and qualified; and should there fail to be an election in said city at the time specified, or in

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any year thereafter, from any cause whatever, or should a vacancy occur from death, resignation or otherwise, and the office of mayor or councilman, clerk or treasurer, in the said city of Blue Ridge, the mayor or mayor pro tem. shall order an election to fill said vacancy by giving ten days' notice in the newspapers published in Blue Ridge. It shall be the duty of mayor and councilmen retiring to turn over the city affairs to the newly elected mayor and councilmen on the first Monday in January following said election. Officers, election. SEC. V. Be it further enacted, That said election shall be held by three freeholders of said city of Blue Ridge, who shall be bipartisan, who shall be named to hold said city election by the mayor and councilmen; that said managers of said election shall take and subscribe an oath for the due performance of their duties as such, as provided in holding State and county elections. Should the managers have any reasonable doubts as to the qualifications of the voter, or should any voter be challenged, they shall administer the following oath: You do solemnly swear that you have attained the age of twenty-one years; that you have resided in this State one year and in Fannin county six months, and within the corporate limits of the city of Blue Ridge sixty days immediately preceding this election, and have paid all taxes required of you by the State of Georgia, the county of Fannin and the city of Blue Ridge that you have had an opportunity of paying, except taxes for this year; that you have registered as required by law; so help you, God. Oath of voters. SEC. VI. Be it further enacted, That the election provided for in this Act shall be held and conducted under the same rules, manners, regulations and laws governing the election for State and county officers. Election, how held. SEC. VII. Be it further enacted, Should there be a contested election for any of the officers herein before making in section four of this Act, such contest shall be had under the same rules, regulations, law procedure, as contested elections for county officers. Contested elections. SEC. VIII. Be it further enacted, That said mayor, councilmen, clerk and treasurer of said city of Blue Ridge shall, before entering upon the discharge of their respective duties, take and subscribe the following oath: You, as mayor and councilmen, clerk and treasurer, elect of said city of Blue Ridge do solemnly swear that you and each of you will well and truly discharge all duties devolved upon you as such to the best of your skill and ability, so help you God, which oath may be administered by the retiring mayor or any other person who is authorized to administer an oath, which oath shall be spread upon the minute book of the city of Blue Ridge. Oath of officers.

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SEC. IX. Be it further enacted, That no person shall be eligible to the office of mayor or councilman unless he shall have resided in the city of Blue Ridge at least one year preceding his election. Eligibility. SEC. X. Be it further enacted, That said clerk and treasurer shall, before entering upon the discharge of their duties, give bond and good security for the faithful performance of their duties, which duties shall be fixed by said mayor and councilmen; that said mayor and councilmen shall fix the compensation of said clerk and treasurer, which amount shall not be changed during their term of office. Clerk and traesurer. SEC. XI. Be it further enacted, That the mayor and councilmen shall have full power to elect a marshal, who shall take the same oath required by the mayor, and shall give bond as said mayor and councilmen may require; said mayor and councilmen shall fix the compensation of said marshal, which shall not be changed during his term of office. Said marshal shall perform all the duties required of him by said mayor and council in conformity of law. The said marshal may be removed, suspended or discharged from office for neglect of duty, incapacity to discharge said duties of said office, immoral conduct unbecoming an officer, or other good cause. Marshal. SEC. XII. Be it further enacted, That the mayor shall be the chief executive officer of said city of Blue Ridge; he shall see that all laws and ordinances of said city are executed and observed; he shall receive such salary as shall be fixed at the first regular meeting of the city council at each municipal year, but said salary shall not exceed the sum of $50 per annum, and shall not be changed during his term of office; that said councilmen shall not receive a salary exceeding $25 per annum each. Mayor. Councilmen. SEC. XIII. Be it further enacted, That the mayor and councilmen shall fix by vote the time of their regular meetings, the mayor (or mayor pro tem.), who shall be elected by said councilmen, that the first meeting of the same in the mayor's absence said mayor pro tem. shall be the presiding officer and shall not vote except in case of a tie; that the mayor or mayor pro tem. and three councilmen shall constitute a quorum for the transaction of business, but no ordinance passed by said mayor and councilmen shall be legal, valid and binding unless passed by a full board at their regular meetings. No ordinance shall be valid unless the same be published in the newspapers published in Blue Ridge not less than two issues before the introduction or the passage of said ordinance. Unless the provisions of this section is fully complied with no ordinance or law passed by said mayor and councilmen shall be null and void. Meetings. Ordinances, how passed.

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SEC. XIV. Be it further enacted, That said mayor or mayor pro tem. shall have power at any time to hold mayor's court, under rules of said mayor and councilmen, for the trial of offenders against the ordinances of Blue Ridge, and to impose such fines, sentences and penalties as may be deemed just and proper, not exceeding the sum of $50, or imprisonment or labor on the streets or other public works of Blue Ridge, not exceeding thirty (30) days in the discretion of the mayor or mayor pro tem. Mayor's court. SEC. XV. Be it further enacted, That there may be an appeal from the decision of the mayor or mayor pro tem. to the council, which shall be in writing under such rules and regulations as made and provided for by said mayor and councilmen, and upon the hearing of said appeal said councilmen may reduce, increase or modify said sentence, not to exceed the limits as specified in section 14 of this Act. Appeal. SEC. XVI. Be it further enacted, That said mayor and each councilman of Blue Ridge, in all criminal matters committed within the corporate limits of said city of Blue Ridge, shall have full power to, and may issue warrants, bind over and commit to bail or jail offenders against the laws of this State, in such manner as justice of peace. Arrests,etc. SEC. XVII. Be it further enacted, That the mayor and council shall have power to levy and collect an ad valorem tax not to exceed one half of one per cent. on all taxable property within the corporate limits, and which is taxable by the laws of this State, to prescribe by ordinance the time, place, manner and rules or regulations for making returns by the taxpayers of said city of their property for taxation, and any taxpayer who shall fail to return his property for taxation shall be double taxed, and this double tax shall be collected as other taxes. It shall be the duty of the mayor and council to closely scan all returns of property for taxation, and appraise value of all property which may be returned at less than its true value; provided, that written notice shall be given by the clerk to all who have made unsatisfactory returns to appear at a day before the mayor and council and show cause why said property should not be appraised. Tax. SEC. XVIII. Be further enacted, That if any person shall fail to pay the taxes imposed by this Act, the clerk shall issue an execution against such defaulter, which shall be signed by said clerk and bear test in the name of the mayor, which execution shall bind all the property owned by such delinquent taxpayer, on the first day of March of the year in which said taxes are due, and all property subsequently acquired and shall rank as other liens for taxes subject to the laws of Georgia. Such execution shall be directed

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to the marshal, who shall enforce the same by levy and sale as in cases of constable sales, except sales of real estate. The said real estate shall be advertised at sheriff's sales; the marshal shall make a deed of sale to the purchaser, and, when requested to so do, put the purchaser in possession. SEC. XIX. Be further enacted, That the mayor and council shall have full power and authority to lay out, widen, straighten, open, close or alter, drain and keep in good order and repair roads, streets, sidewalks, alleys, cross-walks and squares in said city for the use of the public, and to dig, repair or fill up any public well or wells, to establish and maintain such a system of grading and drainage for the city which they may deem proper. To this end they shall have full power to appropriate and condemn lands in said city, and shall be liable to the owner thereof in a reasonable and fair sum as damages; when damages are claimed as the result of appropriating private lands for streets, ditches or other purposes mentioned in this Act, and the council and the owner cannot agree, the same may be submitted to the arbitration of three freeholders of said city, one to be chosen by said council, one by the owner of said property, third by the two, who shall appraise after due consideration the damages therefrom resulting, taking into consideration the advantages derived by the owners in consequence of the work as done or caused to be done by the council. Said arbitrators shall take an oath faithfully, impartially, and honestly to discharge their duties and make returns within ten days to the mayor and council. Awards so made shall be recorded on the records of the clerk's office. Either party, being dissatisfied with the findings of said arbitrators, shall have a right to enter an appeal therefrom to the Superior Court of said county, as allowed in case of appeals required by law. Streets, etc. SEC. XX. Be it further enacted, That all persons subject to road duty in this State shall be liable and subject to work on the streets not exceeding fifteen days in each year; provided, that the mayor and council shall have authority to levy tax per capita in lieu thereof, the sum not exceeding $2.50 per annum; provided further, that all persons failing to pay said taxes as assessed, shall be notified to work on the streets of said city, and upon failure to do so shall be dealt with and punished as for a violation of the ordinance of said city; provided, that street taxes may be collected by execution, levy and sale as other taxes. Street tax. SEC. XXI. Be it further enacted, That the cost of issuing, serving or executing all executions, summons, processes, writs and subp[oelig]nas for this Act, as authorized by this Act, shall be the same as prescribed by the laws governing justice courts. Process, etc., cost of serving.

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SEC. XXII. Be it further enacted, That said mayor and council shall have power to levy a tax, not exceeding $10.00, on all insurance companies having an agency in said city, or upon any and all transients doing business in said city in any of said lines; upon all drays, persons engaged in hauling for hire with any dray, cart, wagon, hack or other conveyance, upon all livery, sale or feed stables or other taxable business, upon all intinerant peddlers, who may deal in commodities which may come in competition with said business of said city, not exempt by the laws of Georgia; said taxes may be collected by execution as in cases of other taxes. Specific taxes. SEC. XXIII. Be it further enacted, That any person who may engage in any business in said city without the payment of license, when a license is required or specific tax is assessed, may be fined as for a violation of any ordinance of said city of Blue Ridge. License. SEC. XXIV. Be it further enacted, That whenever necessary they may lay such drains and sewers as are needful to preserve the health of said city. Sewers. SEC. XXV. Be it further enacted, That the mayor or councilmen in said city shall have full power and authority to establish a chain-gang, to be worked upon the streets or at such other places in said city as they may direct, and to pass all ordinances necessary for the government and safe-keeping, and may provide and punish for escapes in the same manner as for the violation of the ordinance for which such persons was convicted. Chaingang. SEC. XXVI. Be it further enacted, That the expenditures of the mayor and councilmen, and the compensation and expenses of the town officers shall be paid out of the city funds by an order drawn by the clerk of the council upon the city treasurer, and countersigned by the mayor or mayor pro tem., out of the funds in the hands of treasurer, who shall keep a book in which he shall make an entry of all sums paid out and to whom and for what purpose, which book shall be at all times subject to the inspection of the mayor and councilmen of said city. Expenditures. SEC. XXVII. Be it further enacted, That no person holding office under this charter shall, during the term for which he was elected or appointed, be capable of contracting with said city for the performance of any work or material furnished, which is to be paid for out of the treasury of said city; no person or persons shall be capable of holding or having any interest in such contract directly or indirectly. Contracts. SEC. XXVIII. Be it further enacted, That the mayor and councilmen of said city shall have power to assess against telegraph, telephone, express, railroad companies and other corporations doing business and having property in said city; may impose a

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special license, extra or general tax, such as it is authorized to assess against individuals or the property of individuals, and they are hereby authorized and empowered to collect such tax in the mode and manner authorized for the collection by said city or any other tax. Corporations SEC. XXIX. Be further enacted, That the mayor and councilmen of said city shall have full power, whenever they may deem it necessary, to require railroads within said corporate limits to make crossings on their several roads and to keep the same open for travel, and to pass all ordinances for the needful carrying out of the provisions of this section. Railroad crossings. SEC. XXX. Be it further enacted, That the said mayor and councilmen of said city shall make and publish an itemized quarterly statement, sworn to before some judicial officer by the clerk and treasurer, by and through said mayor and councilmen, and publish the same in the newspapers of said city, of all the receipts and expenditures of all moneys received and paid out. Financial statements SEC. XXXI. Be it further enacted, That they shall have power and authority to regulate and fix a fire limit in said city, to provide regulations guarding against fire, to prescribe materials for building in said fire limits, and should said regulations be disobeyed it shall be the duty of the council to have such buildings torn down at the cost of the owner thereof, to condemn all unsafe and dangerous structures and order them removed, and to impose fines for violation of said orders. Fire limits. SEC. XXXII. Be it further enacted, That the mayor and councilmen in said city shall have full and exclusive power to regulate the sale of intoxicating liquors and bitters in said city; to grant license or withhold them; that in the event that said mayor and councilmen shall grant license for the sale of liquors or bitters in said city, the license therefor shall be the sum of $1,000.00 when the same is granted, to be paid quarterly in advance, and to impose penalties upon any person or persons selling intoxicating liquors or bitters in said city without license. But in the event that said mayor and councilmen shall grant license as provided for in this section, that one half of the money realized from said license of the aforesaid sale of intoxicating liquors and bitters shall be applied by said mayor and councilmen to a public school fund in said city of Blue Ridge in the event there is a public school established by said city of Blue Ridge. In the event there should be no public school for said city, then all the moneys arising from the granting of said license shall be used and applied for the improvement of said streets and the expense of the city government. Liquors, sale of. SEC. XXXIII. Be it further enacted, That in case the mayor, any member of the city council, clerk or treasurer, shall, while in

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office, be guilty of wilful neglect, malpractice or abuse of said office, they shall be liable to be convicted before the Superior Court of Fannin county, and on conviction thereof shall be fined any sum not exceeding $200, or imprisonment in the penitentiary of this State for a term not exceeding one year, or both, for each and every offense, and shall moreover be removed from office. Malpractice of officers. SEC. XXXIV. Be it further enacted, That an act approved December 24, 1890, [Illegible Text] an Act to amend an Act to incorporate the town of Blue Ridge, Fannin county, and an Act to amend the charter of the town of Blue Ridge, Fannin county, Georgia, approved October 6, 1891, be, and the same is, hereby repealed. Charter of town repealed. SEC. XXXV. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed; provided, that all ordinances now in force shall be continued as under the old charter until this Act shall be and take effect upon its passage. Approved December 13, 1900. BOSTON, TOWN OF, PUBLIC SCHOOLS. No. 83. An Act to establish a system of public schools in the town of Boston, Thomas county, Georgia, and to provide for the maintenance and support of same by local taxation and otherwise; to provide for the government of the same; to provide for a board of education for said public schools in said town; to authorize and require the county school commissioner of Thomas county to pay over to the treasurer of the board of education for the use of said public school such part of the State school funds as may be the just pro rata share of the said town of Boston, to be determined by the school census of said town of Boston, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, 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 Boston, Thomas county, Georgia. Boston, town of. Public schools. SEC. II. Be it further enacted by the authority aforesaid, That in conformity with the provisions of article 8, section 4, paragraph 1 of the Constitution of the State of Georgia, there shall be held in the town of Boston, within thirty days after the passage of this Act, or as soon thereafter as practicable, an election on the question

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of local taxation for the support of the said system of said public schools, and all persons who were qualified to vote for mayor and aldermen in the last preceding election, and those who have become qualified since, shall be entitled to vote in this election herein provided. All voters who favor such local taxation for public schools shall have written or printed on their ballots For Public Schools, and those who oppose shall have written or printed on their ballots Against Public Schools; and in case two thirds of the votes cast at said election shall be for public schools, then it shall be the duty of the mayor of the said town of Boston, annually, to raise by taxation a sufficient sum to carry out the purposes of this Act; provided, the same shall not [Illegible Text] one fourth (1-4) of one per cent. on the taxable property of said town, and in the manner hereinafter provided. The said mayor and aldermen shall give public notice of this election once a week for two weeks prior to said election as by law provided in such cases. The returns of said election shall be made to, and the result declared by, said mayor and aldermen of said town of Boston. Should this Act fail to receive the necessary two thirds (2-3) of the votes cast at such an election, the said mayor and aldermen may submit the same to another election under the same rules, regulations and qualifications, after the expiration of twelve months, and so continue it until the same is favorable to the adoption of this Act; provided, that election shall not be had therefor more than once in twelve months, and it shall be the duty of the mayor and aldermen to order an election on the written request of thirty (30) freeholders of said town, until said election shall result favorably to public schools. Election for public schools. Tax. SEC. III. Be it further enacted by the authority aforesaid, That there shall be a board of education for the said town of Boston, under the corporate name of the board of education of the said town of Boston, with the right to sue and to be sued in the said corporate name; said board shall consist of five (5) members, to be elected by the qualified voters of said town at the next election for mayor and aldermen had for said town, after the adoption of this Act. After election, and before entering upon their duties, the five (5) members elected shall settle their terms of office by lot: two for three years; two for two years, and one for one year; and as the terms of the respective members expire as above indicated, the town of Boston and their successors in office. Said board shall manner and at the same place that the mayor and aldermen of said town of Boston are elected, whose terms shall be for three years, or until their successors are elected and qualified. All vacancies on the board of education caused by death, resignation, removal

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from the town or otherwise shall be filled by the mayor and aldermen of said town at their first regular meeting after vacancy occurs. No person shall be eligible for election on said board who is not eligible to election to membership on said board, who, at the time of his election, is mayor or alderman of said town. Board of education incorporated. Terms of members. Vacancies. SEC. IV. Be it further enacted by the authority aforesaid, That the officers of said board shall be a president, vice-president, secretary and treasurer. The office of secretary and treasurer shall be filled by one and the same person, who shall, before entering upon the duties of his office, take and subscribe 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. Said bond shall be made payable to the said board of education, and the said board of education is hereby empowered to bring suit and to maintain same upon said bond in any courts of this State for breach of said bond by said secretary and treasurer, and the proceeds of the said suit shall be applied to the public schools of said town. Said secretary and treasurer shall not pay out any moneys except by order of the board. No officer of said board shall receive any compensation except the secretary and treasurer, whose compensation shall be fixed by said board. His books shall be open for inspection by the members of said board. Said secretary may or may not be a member of said board of education. A quorum of the board of education shall consist of a majority of the members. Said board of education shall have regular monthly meetings; time of same shall be fixed by them, and they shall meet as much oftener as the public school interests may require. Their officers shall be elected by ballot, and shall hold their office for one year and until their successors are elected and qualified. Officers. Secretary and treasurer, bond and oath. Quorum. Meetings. SEC. V. Be it further enacted by the authority aforesaid, That said board of education shall have authority to establish and, from time to time, modify a system of public schools for the town of Boston, to be open not less than six (6) and not more than ten (10) scholastic months in each year. Said board of education, as soon after their election as practicable, shall make provisions for the opening of said public schools. Said board of education shall have authority to purchase, build, engage and rent buildings for the school purposes, and to accept gifts and donations of property, money and other things for school purposes under this Act; and all deeds taken to real property shall be to the board of education for the town of Boston and their successors in office. Said board shall have the authority to employ a superintendent and other teachers for said public schools, and to prescribe their duties, and to suspend

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or discharge them for good causes, to prescribe the terms upon which pupils shall be admitted to said public schools, and to make such rules and regulations and by-laws as they deem right and proper for maintaining a system of public schools for said town. Said board of education shall have the power to fix the compensation of all the teachers employed in said public schools, and to pay same. Said board shall keep the minutes of each meeting, which shall be open to the inspection of the mayor and aldermen, or any citizen of said town. Said board shall regulate the curriculum and the books to be used in said school. Authority of board. SEC. VI. Be it further enacted by the authority aforesaid, That said board of education shall determine as early as practicable in each year what amount of money will be necessary to be raised by taxation to defray the expenses of said public schools for the ensuing year, and shall lay the same before the mayor and aldermen of said town, and the mayor and aldermen are hereby authorized, and shall be required, to levy a tax annually in addition to that now authorized by the law on all taxable property of said town, not to exceed one fourth (1-4) of one per cent. on the same, and when collected, the collecting officers of said town shall pay the same over to the treasurer of said board of education, to be disbursed for the maintenance of said public schools, and to be paid out under order of said board under such regulations as they may prescribe. Said taxes shall be collected by levy and sale as the other taxes of said town are collected. School tax. Disbursements. SEC. VII. Be it further enacted by the authority aforesaid, That the county school commissioner of Thomas county shall pay over to the treasurer of said board of education the pro rata share of the State and county school funds coming to said town; which pro rata amount shall be determined by the school census of said town of Boston. County school fund. SEC. VIII. Be it further enacted by the authority aforesaid, That said board of education shall establish separate schools for the white and colored children, and the white children shall be allowed to attend only white schools, and the colored to attend colored schools; that all children between the ages of six (6) and eighteen (18) years whose parents, guardians, or natural protectors bona fide reside within the corporate limits of said town of Boston shall be entitled to the benefits of the said public schools. Said board may also admit children to the said public schools whose parents, guardians, or natural protectors do not reside within the corporate limits of said city, upon the payment of such tuition as the board of education may prescribe. Separate schools for white and colored.

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SEC. IX. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1900. BRUNSWICK, CITY OF, CHARTER AMENDED No. 8. An Act to amend the charter of the city of Brunswick; to provide for the election of the police force of said city, their terms of office, etc., and to repeal sections 31, 32 and 33 of an Act amending the charter of the city of Brunswick, approved November 12, 1889, 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 on and after the first Monday in January, nineteen hundred and one (1901), the officers and privates of the police force of the city of Brunswick shall be elected by the mayor and aldermen of said city. After such date all members of such police force, except the chief and assistant chief, shall hold office during good behavior, subject only to removal and discharge by the mayor and aldermen of said city as hereinafter provided. All officers and members of such police force shall be subject to removal and dismissal by the mayor and aldermen of said city for malpractice in office, wilful neglect of duty, wilful violation of the rules and regulations prescribed for the guidance and government of such police force or other improper conduct, and for the wilful or intentional violation of any ordinance, by-law or resolution of said mayor and aldermen of said city, or law of the State of Georgia, or for bribery or breach of the peace, or any crime or misdemeanor against the laws of said State, whether such was done or committed on or off duty. No member of such police force shall be discharged, removed or dismissed except upon arraignment on written information or accusation signed by the mayor or any alderman of said city, or an affidavit of any citizen of said city, a copy of which information or accusation or affidavit, containing a specification of charges, shall be served by the clerk of council of said city or by any member of such police force, either personally or by leaving same at the most notorious place of abode of accused, at least three days before the trial. In such cases the mayor and aldermen shall have the same

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authority to subp[oelig]na witnesses and punish for contempt as is given the police court of said city. Such trial shall be had before the mayor and aldermen of said city in open session. The accused shall have the right to be heard and represented by counsel, and the right to have witnesses subp[oelig]naed. The mayor and aldermen of said city shall, at their first regular meeting in January of each year elect a marshal and deputy marshal, who shall hold office for one year, or until their successors are elected and qualified. Such marshal shall be ex officio chief of police of said city, and such deputy marshal shall be an ex officio assistant chief of police of said city. The mayor or acting mayor shall be in command of said police force so far as to command their services as such, and to direct them as he may deem best in patrolling said city and protecting its inhabitants, and shall have the right to suspend any officer or member of said police force for not exceeding sixty days for neglect of duty or for violation of any of the rules or regulations prescribed by the mayor and aldermen for the government of said police force, or for any of the acts herein above enumerated as grounds for removal or dismissal of members of the police force. There shall be no appeal from the order of the mayor or acting mayor so suspending any member of the police force, and a member so suspended shall not be entitled to any pay for and during the period of suspension. No person shall be eligible to hold a position on such police force who is under twenty-one years of age or over sixty years of age, or who is not a resident of said city. Brunswick. Policemen, election and tenure of tenure of office. Marshal and deputy. Mayor. SEC. II. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said city shall fix the salaries and compensation of the officers and privates of said police force annually, at the same time as salaries of other officers and employees of said city are fixed. The mayor and aldermen shall have the right to prescribe proper rules and regulations for the government of officers and privates of such police force. The mayor and aldermen of said city shall also have the right to employ a detective or detectives for said city. Salaries. SEC. III. Be it further enacted by the authority aforesaid, That sections thirty-one, thirty-two and thirty-three of an Act amending the charter of the city of Brunswick, approved November 12, 1889, be, and the same are, hereby repealed. 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 28, 1900.

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BRUNSWICK, CITY OF, CHARTER AMENDED. No. 9. An Act to amend the charter of the city of Brunswick so as to amend section 42 of the Act entitled an Act to consolidate and amend the several Acts incorporating the city of Brunswick, approved August 27, 1872, by providing that revenue derived from improvements on town commons lands, as well as revenue from leases of said lands, shall be appropriated to the support of the public schools of said city; to authorize the mayor and council of said city to make appropriations of moneys out of the public treasury, not otherwise appropriated, to the support of the public schools; amending section 4 of an Act amending the charter of the city of Brunswick, approved November 12, 1889, providing for the management of municipal elections in said city, the registration of voters, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That section 42 of the Act entitled an Act to be entitled an Act to consolidate and amend the several Acts incorporating the city of Brunswick, and for other purposes therein mentioned, approved August 27, 1872, be amended by striking therefrom, beginning on the twentieth line of said section, the following words: All revenue derived from the rents or taxes of the said town commons (not including improvements thereon) shall be appropriated by the city council in such manner as they may deem expedient and proper to the support of free public schools in said city, and by inserting in lieu thereof the following: And all revenue derived from the leases and taxes of the said town commons, including both the land and the improvements and buildings thereon, shall be appropriated by the mayor and council of said city to the support of the public schools in said city. The treasurer of said city shall keep a separate and accurate account of all moneys so received from the leases and the taxes of the said town commons and improvements thereon, and shall pay such sums quarterly, or oftener, to the board of education, to be applied by said board of education strictly and entirely to the support of the public schools within the incorporate limits of said city. The mayor and council of said city are prohibited from appropriating any of such moneys so received from the leases and taxes of said town commons and the improvements thereon to any other purpose than the support of the public schools of said

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city, and it shall be the duty of the mayor or acting mayor of said city to draw a warrant in favor of said board of education at least quarterly on said treasurer of said city for such moneys so received from said town commons and improvements thereon as may be in said treasurer's hands; so that when so amended said section will read as follows, to wit: Section 42. That the said mayor and council shall have the authority and power to adopt and execute any measures which may appear to them necessary and proper to secure and protect the interests of said city in all and every portion of said commons, and in all other property thereof; and the said mayor and council shall only have the authority and power to lease said commons on such terms and conditions and for such periods and considerations as may seem advantageous and beneficial to said city; but no lease shall exceed a term of ninety-nine years, except by the assent of a majority of all the legal voters of said city, which assent shall be ascertained by holding an election for that purpose, after giving twenty days' notice of the time and place of holding such election, in which notice shall also be described the particular location, boundaries and length of time it is proposed to lease such property; and should a majority of all the aforesaid legal voters give their assent to lease such property for a longer period than ninety-nine years, then, and in that event, the mayor and council shall have the power to grant such lease, but not otherwise; and all revenue derived from the leases and taxes of the said town commons, including both the land and the improvements and buildings thereon, shall be appropriated by the mayor and council of said city to the support of the public schools in said city. The treasurer of said city shall keep a separate and accurate account of all moneys so received from the leases and taxes of the said town commons and improvements thereon, and shall pay such sums quarterly, or oftener, to the board of education, to be applied by said board of education strictly and entirely to the support of the public schools within the incorporate limits of said city. The mayor and council of said city are prohibited from appropriating any of such moneys so received from the leases and taxes of said town commons and the improvements thereon to any other purpose than the support of the public schools of said city; and it shall be the duty of the mayor or acting mayor of said city to draw a warrant in favor of said board of education at least quarterly on said treasurer of said city for such moneys so received from said town commons and improvements thereon as may be in said treasurer's hands. Brunswick. Public schools, support of. Town commons, receipts from, how applied. SEC. II. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall be authorized to make

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appropriations of public moneys out of the treasury of said city, not otherwise appropriated, to the support of the public schools of said city. Appropriations. SEC. III. Be it further enacted by the authority aforesaid, That section four of an Act amending the charter of the city of Brunswick, approved November 12, 1889, be amended by striking all of said section after the enacting clause and by inserting and substituting in lieu thereof the following, which shall comprise said section four, to wit: That all elections for mayor and alderman of said city, and all other general and special municipal elections held in and for said city shall be held by three upright and intelligent freeholders, citizens of said city, appointed by the mayor and aldermen of said city. Such superintendents of elections shall be appointed at least five days before the time of the elections which they are to hold, and their names shall be published in the official organ of said city at least three days before the day of election. Different political factions or sets of candidates shall have representation on such board of election superintendents as far as practicable. Before entering upon the discharge of their duties said superintendents shall take and subscribe the same oath prescribed by the laws of said State for superintendents of elections of members of the General Assembly. All municipal elections in said city shall be held at the city hall; and the polls at such elections shall be open at seven o'clock in the morning and closed at six o'clock in the evening. The person receiving the highest number of votes for mayor shall be declared duly elected, and the persons receiving the highest number of votes for aldermen shall be declared duly elected aldermen; and the superintendents of said election shall, at the expiration of five days after said election, if no contest is made, give a certificate to that effect to those so elected, which certificate shall be the evidence of their election and their authority to act, and shall be recorded by the clerk of said city, which record shall be held and considered the highest evidence of such election. In case of a tie, as to more than sufficient to fill vacancies in the offices of mayor and aldermen, then an election shall be held on the last Saturday in December of the same year to fill the vacancy left by such tie, in the manner above provided for. Should one or more of the superintedents of an election so appointed by the mayor and aldermen fail or refuse to appear and act as such superintendent by half-past seven o'clock on the day of election, then such remaining superintendent or superintendents shall appoint another-fit and suitable person or persons, qualified under the provisions of this section, in the place and stead of such

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superintendent or superintendents so failing or refusing to appear and act. Elections, how held. Certificates of superintendents. SEC. IV. Be it further enacted by the authority aforesaid, That it shall be the duty of the tax-collector of Glynn county, said State, to furnish to the clerk of council of said city by the first day of October of each year a list of all tax defaulters who are in default in the payment of taxes due said State and county since 1877 and who are residing at such times within the corporate limits of said city; which list shall contain the name, age, occupation, residence and color of such defaulter, the years in which he is in default and the amount of taxes and costs due said State and county for each year. Such tax-collector shall be paid out of the treasury of said city five cents for each name on such tax defaulters' list so furnished said clerk by him. Likewise, by the first day of October of each year the ordinary and the clerk of the superior court of said county shall prepare and file with said clerk of council a complete list alphabetically arranged of all persons living at such time in said city who are disqualified from voting by reason of idiocy, insanity or conviction of a crime for which one of the penalties is disfranchisement, unless such convict has been pardoned and the right of suffrage restored to him. Such ordinary and clerk shall be paid out of the treasury of said city five cents for each name on such list of disqualified voters. Such clerk or other registration officer of said city shall not register, nor permit any person to register, for any election held in and for said city whose name appears on such tax defaulters' list so furnished him by said tax-collector until such person shall exhibit a receipt or certificate from such tax-collector showing or certifying the payment of all such taxes which he may be due and owing said county and State for the years in which he is so in default; nor shall such clerk or other registration officer register, or permit any person to register, for any election held in and for said city whose name appears on such list of disqualified voters furnished by the ordinary and clerk of said county. List of tax defaulters. List of disqualified voters. SEC. V. Be it further enacted by the authority aforesaid, That within thirty days from the frist day of January, 1901, and biennially thereafter, three upright and intelligent citizens of said city shall be appointed as a board of registrars of said city, one of whom shall be appointed by the judge of the superior court of the Brunswick Circuit, one by the mayor and aldermen of said city, and one by the ordinary of said county, and each of said appointing powers shall have the authority to fill any vacancy as the same may occur by death, resignation or removal from office, or otherwise, of the respective appointee. The clerk of said city shall furnish

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said board of registrars a complete list of the names appearing on the registration of voters' book of said city within two days after the closing of said registration or voters' book, said list to contain the name, age, occupation, residence and color of each person, and such clerk shall also deliver to said board of registrars the tax defaulters' list so furnished him by said tax-collector and said list of disfranchised persons so furnished him by the ordinary and clerk of said county. Said registrars shall be paid out of the treasury of said city two dollars ($2) each per day for each day actually engaged in the performance of their official duties. Before entering upon the discharge of their duties each of said registrars shall take the following oath before some officer authorized to administer oath under the laws of said State: I do solemnly swear that I will faithfully and impartially discharge, to the best of my ability, the duties imposed on me by law as registrar of the city of Brunswick. Said board of registrars shall, within three days after receipt of such list of names and said two lists of disqualified voters, proceed to examine same and to make up a list to be known as the Registered Voters in alphabetical order, said list to show the name, age, occupation, residence and color of each of said voters. And the said board of registrars shall be authorized to strike from said voters' list so furnished them by said clerk the name of any person whom they shall adjudge to be disqualified from voting, after hearing evidence as hereinafter provided, and shall also be authorized to add to said voters' list the name of any person whom they shall adjudge to be entitled to be on said list after hearing evidence as hereinafter provided. In the performance of their duties and in the striking or adding of such names and in the hearing of evidence, said board of registrars shall be governed by the provisions of section fifty-four (54), fifty-five (55), fifty-six (56) and fifty-eight (58) of volume I. of the Code of Georgia of 1895. The said registrars shall have the same power and authority to compel the attendance and testimony of witnesses and to require the production of books, papers, etc., as is given county registrars by the provisions of said Code sections. However, the name of no person shall be entered on said voters' list, by said registrars, who has not been registered on said voters' books or who has not made a bona fide offer or request to said clerk or other proper registration officer of said city to have his name registered on said voters' book, and who was not at the time he so offered to register qualified to vote in said city as provided by section five (5) of the amended charter of said city, approved November 12, 1889; or who has not been absent from said city for the entire period for which said voters' book was open for the

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registration of voters for the election for which said person offers to register, and who was not, before the expiration of said period, so qualified to register and vote. Said board of registrars, after completing the revision of said voters' list, shall certify the same to be true and shall deliver the same to the election superintendents appointed to superintend the ensuing election for said city, or to one of such election superintendents, at least two days before such election is held. Only persons whose names appear on said registered voters' list, and no other, shall be allowed to vote at such election. Board of registrars. Registered voters. SEC. VI. Be it further enacted by the authority aforesaid, That any person who shall sign his name or mark, or who shall cause the clerk or other registration officer of said city to sign his name, on the voters' book of said city, and who is not in fact qualified according to law to vote at the ensuing election to be held in and for said city; or any person who shall give said clerk or other registration officer of said city an assumed or fictitious name to be entered on said voters' book; or who shal aid or abet any other person to give to said clerk or such other registration officer an assumed or fictitious name to be entered on said voters' book; or any person who shall deposit a ballot in any election held in and for said city when he is not in fact qualified by law to vote in said election, shall be guilty of a misdemeanor, and shall be punished as prescribed in section one thousand and thirty-nine (1039) of volume III. of the Code of Georgia of 1895. Illegal registration. Penalty. SEC. VII. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 28, 1900.

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BUENA VISTA, TOWN OF, SALE OF LIQUOR PROHIBITED. No. 67. An Act to prohibit the sale of spirituous, vinous and malt liquors and intoxicating bitters and ciders in the county of Marion, except as in this Act provided; to regulate and control the sale thereof through the medium of a dispensary to be located in the town of Buena Vista, said county; to establish and perpetuate a board of commissioners for the management of said dispensary, and to prescribe the powers and duties and to provide penalties for the violations 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 not be lawful to sell within the county of Marion any spirituous, vinous or malt liquors except as is provided for in subsequent sections of this Act, and any persons, on and after that day, who may do so shall be guilty of a misdemeanor, and on conviction shall be punished by a fine not to exceed one thousand dollars and imprisonment not to exceed six months, to work in the chain-gang on the public works or such other works as the city or county authorities may employ the chain-gang, not to exceed twelve months, and any one or more of the punishments, in the discretion of the judge. No municipal authorities of any city or town in said county shall have authority after the passage of this Act to grant or renew any license for the sale of spirituous, vinous or malt liquors and intoxicating bitters and ciders. Marion county, sale of liquor in. SEC. II. Be it further enacted by the authority aforesaid, That as soon as practicable after the passage of this Act the wayor and city council of the town of Buena Vista shall elect three citizens of said town, who shall be known as dispensary commissioners, one to hold office for one year, one for two years, and one for three years, or until their successors are elected as hereinafter provided; the successors to the commissioners first chosen shall hold office for three years. If at any time there should be vacancies in the offices of commissioners, then the said mayor and city council shall appoint commissioners for the unexpired term of any of the three commissioners whose places are vacant. Dispensary commissioners. SEC. III. Be it further enacted, That the dispensary commissioners provided for in this Act shall establish and maintain at some central point in the city of Beuna Vista a

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dispensary for the sale of spirituous, vinous and malt liquors. They shall, from time to time, elect a citizen of said town, to be known as a manager of the dispensary, who shall have charge and control of such dispensary under their supervision. This manager shall be chosen for such term as the commissioners shall deem best, and shall be removed by them at any time for what they deem sufficient cause. He shall be required to give bond in a sum to be fixed and approved by said commissioners, not less than one thousand dollars, conditioned to faithfully account for all moneys that may come into his hands as such manager and merchandise or items of value, and for the faithful performance of the duties required of him by this Act and by the commissioners in their regulations. He shall receive a salary to be fixed by the commissioners, and his compensation shall not be dependent upon the amount of sales. Dispensary manager. SEC. IV. Be it further enacted, That the commissioners of the dispensary shall purchase, and at all times keep under their supervision, a stock of spirituous, vinous and malt liquors in such quantity as they deem best. All bills incurred for the establishment and mainttenance of the dispensary and purchase of stock, from time to time, shall be paid by the treasurer of the city of Buena Vista, upon presentation of such bill, approved in writing by a majority of the commissioners. The manager shall sell only for cash, and shall turn over all moneys received by him to the treasurer of the city of Buena Vista at the close of each day, who shall receipt him for same, and said receipt at the end of each week shall be turned over to commissioners for their inspection and safe keeping. Stock, how bought and sold. SEC. V. Be it further enacted, That the quantity to be sold to any purchaser shall be determined by the commissioners, but in no event shall wine or liquor be furnished in less quantities than one half pint, and none shall be drunk in the building or on the premises where the dispensary is established. And said manager shall keep a book in which he shall enter each article sold. Said entry shall show the article and quantity sold, the price paid for same, and the name of the purchaser, and to be always subject to the inspection of said commissioners or the mayor and council. The dispensary shall not be opened before sunrise and shall be closed at sunset. And it shall be closed on Sunday, election days and such other days as the commissioners shall direct. The manager shall be bound by all laws of this State regulating the sale of liquor and all regulation of the commissioners not in conflict with the laws of this State. Record of sales. SEC. VI. Be it further enacted, That the manager shall not furnish or sell to any student of this town, either directly or indirectly,

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without a written order from the principal of the school and written consent of the parent or guardian of such student. No sales to students. SEC. VII. Be it further enacted, That the price at which the spirituous, vinous or malt liquors shall be sold shall be fixed by the commissioners. Price. SEC. VIII. Be it further enacted, That the manager of said dispensary shall sell to no person or persons any spirituous, vinous or malt liquors, except in sealed packages; and he shall not keep any broken packages in said dispensary, and whenever any original package is broken it shall be at once bottled and sealed. Sealed packages. SEC. IX. Be it further enacted, That the commissioners may, from time to time, have the liquors, wines, malt liquors analyzed by a competent chemist, and if any liquors of any kind proves to be not as represented when brought, then the city council of said town may bring suit to recover said funds that were paid out for said liquors, wines, etc. Liquors to be analyzed. SEC. X. Be it further enacted, That the manager of the dispensary shall not allow any person or persons to loiter in or about the dispensary and the premises on which it is situated, and for a failure to comply with this section he shall be removed by the commissioners; and any person refusing to leave the dispensary or premises upon which it is located shall be punished upon conviction in the mayor's court, as shall be prescribed by the ordinance of said town, and they are hereby authorized to pass ordinances for the punishment of such violations. Loiterers. SEC. XI. Be it further enacted, That the mayor and city council may appropriate sufficient funds for the maintenance or starting this dispensary out of any money in the city treasury, and if necessary to levy and collect taxes for this purpose. Appropriation for. SEC. XII. Be it further enacted, That the dispensary commissioners shall make quarterly reports to the mayor and council of the town of Beuna Vista, showing the amount of stock on hand and also the net profit for the quarter preceding said report. Reports SEC. XIII. Be it further enacted, That any person holding an office or position of any kind under the charter or ordinance of the town of Buena Vista shall not be eligible to be dispensary commissioner or manager. Eligibility for commissioner or manager. SEC. XIV. Be it further enacted, That the mayor and city council of Buena Vista shall from time to time pass such ordinances as may be necessary to carry out the provisions of this Act, and shall provide suitable penalties for violations of the provisions of this Act or the regulations of the commissioners, managers or other persons. Regulations.

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SEC. XV. Be it further enacted, That the dispensary commissioners shall be paid for their services such sums as the mayor and city council may deem proper. Compensation. SEC. XVI. Be it further enacted, That before entering upon their duties each member of the board of commissioners and also manager shall subscribe to the following oath, which shall be recorded in the office of the mayor and city council of said town: I do solemnly swear that I will faithfully and honestly discharge all the duties imposed on me as a member of the board of commissioners of the dispensary or manager of said dispensary of Buena Vista by the Act creating said board or manager and the general law of the land, so help me God. Oath of commissioners or manager. SEC. XVII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1900. CALHOUN, TOWN OF, CHARTER AMENDED. No. 79. An Act to amend an Act creating new charter for the town of Calhoun, Gordon county, Georgia, approved December 15, 1895, and to restrict the powers of the mayor and councilmen of said town relative to the issuing of license for the sale of spirituous, vinous, malt, intoxicating liquors, lager-beer, rice-beer and all intoxicants usually sold as a beverage, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That an Act of the General Assembly approved December 13, 1895, creating new charter for the town of Calhoun, Gordon county, Georgia, be, and the same is, hereby amended by adding to section 29 of said Act, and beginning after the word liquors in the fourth line of said section, the following: lager-beer, rice-beer or any kind of intoxicant usually sold as a beverage by whatever name called or known, and the mayor, or mayor and councilmen, of said town and their successors in office shall never have or be vested with any power or authority whatever to issue any license, grant, privilege or right for the sale of any of the inttoxicants mentioned and hereinbefore referred to; so that said section 29 of said Act, when so amended, shall read as follows: Be it further enacted, That nothing in this Act shall operate or be construed to in any wise amend, modify, change or repeal any existing law, general or local, in relation

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to the sale of spirituous, vinous, malt or intoxicating liquors, lager-beer, rice-beer or any kind of intoxicant usually sold as a beverage, whether offered for sale under its proper name or under false label, or by whatever name known; and the mayor, or mayor and councilmen, of said town and their successors in office shall never have or be vested with any power or authority whatever to issue any license, grant, privilege or right for the sale of any of the intoxicants mentioned and hereinbefore referred to in said town of Calhoun, Georgia. Calhoun, liquor, sale of in. SEC. II. Be it further enacted, That any person or persons who may sell directly or indirectly in said town any of the intoxicants referred to in section 1 of this Act shall be guilty of misdemeanor for each particular sale, and upon indictment and conviction shall be punished as prescribed in section 1039, vol. III., Code of Georgia, 1895. Misdemeanor, penalty. SEC. III. Be it further enacted by the authority aforesaid, That the municipal authorities of said town of Calhoun, Ga., shall have power to arrest and punish all persons violating the provisions of this Act by a sale in said town of any of the intoxicants hereinbefore referred to, by both fine and imprisonment, fine not to exceed twenty-five dollars for each violation or be less than ten dolars, and to bind defendant for appearance at next Superior Court. Municipal authority. SEC. IV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1900. CARROLLTON, CITY OF, TAX FOR PUBLIC SCHOOLS. No. 53. An Act to amend an Act of the General Assembly approved December 13, 1895, so that the rate of taxation for the support and maintenance of the public schools of the city of Carrollton shall not exceed seventy-five one-hundredths of one per cent. for 1901, and thereafter shall not exceed forty one-hundredths of one per cent. per annum, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That an Act of the General Assembly approved December 13, 1895, be amended by inserting between the words exceed and forty in the sixth line of the published Act the following words: seventy-five

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one-hundredths of one per cent. for 1901, and thereafter shall not exceed; so that said Act, when so amended, will authorize the board of school commissioners of the city of Carrollton to levy a tax not exceeding seventy-five one-hundredths of one per cent. for the year 1901 for the support and maintenance of the public schools of said city, and thereafter the rate of taxation to remain as fixed by said Act. Carrollton, school tax. SEC. II. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved December 6, 1900. CECIL, TOWN OF, NEW CHARTER FOR. No. 104. An Act to establish a new charter for the town of Cecil, in the county of Berrien; to repeal all Acts in conflict; to define the limits of the same; to provide for the election of officers; to prescribe their duties, rights and powers, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the town of Cecil in Berrien county be, and the same is, hereby reincorporated under the name and style of the town of Cecil, and from and after the passage of this Act the several Acts incorporating the town of Cecil, as well as the Acts amendatory thereto, be so amended, superseded and changed as that the charter of the said town of Cecil shall read as follows: The municipal government of the town of Cecil shall consist of a mayor and six aldermen, who are hereby constituted a body corporate under the name and style of the town of Cecil; and by that name and style shall have perpetual succession, with power to make such ordinances and by-laws for municipal purposes that may be deemed proper, not in conflict with the charter nor the Constitution and laws of this State, nor the United States; and with the power in and by said corporate name 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 be able in law to purchase, hold, receive, enjoy, possess and retain for the use and benefit of the said town of Cecil any property for any term of years, any estate, real or personal, lands, tenements, hereditaments, of whatever kind or nature soever, within the limits or without the limits of said town, for corporate purposes, and hold all property

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and effects now belonging to the said town for the purposes and intents for which the same was granted or dedicated, to use, manage and improve, sell and convey, rent or lease, and have the like powers over property hereafter acquired, and to have and to use a common seal. 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 this Act. Cecil, town of, reincorporated. New charter. SEC. II. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall extend one half mile in every direction from the present depot on the Georgia Southern and Florida Railroad, as now located therein. Corporate limits. SEC. III. Be it further enacted, That on the first Tuesday in February, 1901, there shall be held in said town an election for mayor, who shall hold his office for one year, and until his successor is elected and qualified, and six aldermen, three of whom shall hold their office for one year, and three of whom shall hold for two years and until their successors are elected and qualified. At said first election the voters shall designate on their said ballots the three men they wish to hold for one year, and the three they wish to hold for two years at said first election. At said first election all persons residing within the incorporate limits aforesaid for six months who would be entitled to vote for members of the General Assembly shall be qualified electors. After said first election there shall be held annually on the first Tuesday in February an election for mayor and three aldermen. At such subsequent elections all persons who shallhave been bona fide residents of said town for six months before the election, who, before registering as hereinafter required, have paid all taxes of every description legally imposed and demanded by authority of said town, who shall have been duly registered, as hereinafter provided, and who shall be qualified to vote for members of the General Assembly, shall be qualified electors. Such election shall be conducted under the management of a justice of the peace and two freeholders who are electors of said town and not candidates in said election; or in the absence of a justice of the peace, any three freeholders electors of said town, not candidates in said election, may manage the same. Said managers shall conduct such elections as nearly as practicable as elections for members of the General Assembly are conducted. The polls at such elections shall be opened at 8 o'clock a. m. and close at 3 o'clock p. m. After the first election under this charter, the mayor and town council may appoint any three freeholders, or any two freeholders and a justice of the

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peace, who are elctors of said town, to conduct said election. The managers, each, before proceeding with the election, shall take and subscribe the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are qualified by being freeholders or justices of the peace to hold the same; that we will make a just and true return thereof, and not knowingly permit any one to vote unless we believe he is justly entitled to do so according to the charter of this town; nor knowingly prohibit any one from voting who is entitled; and we will not knowingly divulge for whom any vote is cast unless called upon to do so under the law; so help us, God. Said affidavit shall be signed by each superintendent or manager in the capacity in which he acts. Said oath shall be made and subscribed before some officer authorized to administer oaths, if any such be present; and if no such officer is present, said oath may be made and subscribed by each manager in the presence of the others. The manager acting at the first election held under this charter shall issue a certificate of election to each of the persons elected, which shall be recorded on the records of said town; said certificate shall be sufficient authority to the person so elected to enter upon the discharge of their official duties, after qualification as hereinafter provided. The managers of each subsequent election shall issue to the newly elected mayor and each of the aldermen elected a like certificate, and shall also certify the result of the election to the acting council, which last certificate shall be entered upon the records of said town. Said managers shall also furnish to the town council one of the tally sheets of the said election certified to by them as correct. Mayor and aldermen, election. Oath of managers. SEC. IV. Be it further enacted, That in the event the office of mayor or any one or more of the aldermen shall become vacant by death, removal, disqualification or other cause, the mayor or in case his office is vacant, the mayor pro tem., or the aldermen, if both said offices should be vacant, shall order an election, of which at least ten days' written notice shall be given by publication in some newspaper in said town, or if there is no such newspaper in said town, by posting the notice at three of the most public places in said town, to fill such vacancy or vacancies; said newly elected persons to fill unexpired terms only. Vacancies. SEC. V. Be it further enacted, That before entering upon the duties of their respective offices, the mayor and each alderman shall make and subscribe the following oath, which may be administered by any person qualified to administer oaths: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as mayor (or alderman, as the case may be)

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of the town of Cecil, during my continuance in office, according to the best of my ability and understanding; so help me, God. Said oath shall be entered upon the records of said town. Oath of mayor and aldermen. SEC. VI. Be it further enacted, That the mayor and aldermen shall elect annually at the first regular meeting of the town council in March a mayor pro tem. from the aldermen, whose duty it shall be to act in all cases in the absence, disqualification or sickness of the mayor, during which time he shall be clothed with all the necessary powers of the mayor; a town marshal, a clerk and treasurer, tax-assessor or assessors, a tax-collector, a town attorney, and when the growth of the town may require additional police protection, such number of policemen as they may deem best. All of said officers shall hold their offices for one year and until their successors are elected and qualified; provided, that any of said officers may be removed at any time by a majority vote of the mayor and town council for neglect of duty, incapacity or malfeasance in office. The mayor and town council may also appoint special policemen when in their judgment such appointments may be necessary, such policemen to be discharged when the emergency requiring their service has passed, and to be compensated as the mayor and council may determine; or the town council may, by a general ordinance, provide for the appointment at a fixed compensation per day, week or month of such special policemen by the mayor. While such special policemen are on duty they shall have the same authority in preserving order and be charged with the same duties as are prescribed for the regular policemen of the town. Mayor pro tem. Officers. Policemen. SEC. VII. Be it further enacted, That after the first election held under this charter, no person shall be allowed to vote in any election held in said town who has not been duly registered as hereinafter provided. Voters. SEC. VIII. Be it further enacted, That the clerk of the town council shall keep a book, to be labeled Registration Book of the Town of Cecil, in which he shall register upon application, in alphabetical lists, keeping a separate list of white and colored voters, the names of all male persons, who shall make and subscribe the following oath: I, , do solemnly swear that I am a citizen and qualified voter of the State of Georgia, according to the Constitution and laws thereof, and that on the first Tuesday in February next I will have been a bona fide resident of the town of Cecil six months and have paid all taxes legally required of me by said town. Sworn to and subscribed before me, this day of , 1900. , Clerk T. C. Such registration book shall be kept open for the registration fifty days preceding each election,

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when it shall be closed five days before each election. Said book shall be present at each election, in charge of the managers and no person whose name is not found thereon shall be allowed to vote. The clerk shall have such compensation for keeping such registration book as the council shall allow, not to exceed five cents per name. Registration. SEC. IX. Be it further enacted, That any person voting at any town election who is not qualified to vote, according to the provisions of this charter shall be guilty of a misdemeanor, and upon conviction thereof in the superior court or county court of Berrien county, he shall be punished as prescribed in section 1039 of the Penal Code of this State of 1995. Illegal voting. SEC. X. Be it further enacted, That any person qualified to vote at said town election as above provided for, and eligible to hold office according to the Constitution and laws of this State, shall be eligible to hold any office in said town. Eligibility. SEC. XI. Be it further enacted, That the salaries of all the officers of the town of Cecil shall be fixed by the mayor and town council at the first regular meeting in March of each year, which salary shall not be increased nor diminished during the terms of office of said officers. Salaries. SEC. XII. Be it further enacted, That the present mayor and council shall hold their terms of office until their successors are elected and qualified. SEC. XIII. Be it further enacted, That a majority of the aldermen shall constitute a quorum for the transaction of business, but in all cases a less number may adjourn from time to time, and may compel the attendance of absentees; any alderman shall have the right to call for the ayes and nays, and have the same recorded on the minutes in all cases; the mayor shall have no vote except in case of a tie. Quorum. SEC. XIV. Be it further enacted, That for the purpose of raising revenue for the support and maintaining the town government the mayor and town council of Cecil shall have full power and authority and shall prescribe by ordinance for the assessment, levy and collection of any ad valorem tax on real and personal property within the corporate limits of said town, to defray the ordinary annual expenses of the town government, a tax not to exceed one half of one per centum; to maintain a system of schools, as now established by law, a tax not to exceed one-half of one per cent.; and to pay any other ordinary expenses of the town government, such tax not to exceed one half of one per cent., as may be necessary in the discretion of the mayor and town council of the town of Cecil. Tax.

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SEC. XV. Be it further enacted, That the mayor and town council shall have full and absolute power and control over the sale of whiskies, beer, cider, intoxicating bitters or other intoxicants of all kinds and descriptions, whether fermented or distilled, sold in said town or kept for the purpose of sale, distribution or for any purpose whatever; and make such needful rules and regulations as are necessary to carry into effect the provisions of this Act; provided, that no license shall be granted to any persons to sell liquors in said town for a space of less than twelve months, or for a less sum than ten thousand dollars to be charged for said license and paid in advance by the person applying for said license; said person so applying for said license to sell liquor in said town shall present at the time of application for same a petition signed by a majority of the freeholders residing in said town, showing his fitness to hold said license, and asking the granting of same by council; that the said mayor and town council shall have full power and authority to impose penalties upon persons selling such liquors without license or for violating any of the town ordinances regulating the sale of the same; provided, that this section of this Act shall obtain and be of force so long as it is legal to grant license to sell liquors in Berrien county, and no longer. Liquors, sale of. SEC. XVI. Be it further enacted, That the mayor and town council of Cecil shall have power and authority to license, regulate and control all taverns, hotels, cafes, restaurants, boarding-houses, livery stables, hacks, drays and other vehicles, auctioneers, venduemasters, itinerant traders, theatrical performances, shows, circuses and 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 and itinerant vendors of articles, goods, wares and merchandise of every nature whatsoever; every keeper of pool, billiard or bagatelle tables kept for public use; every keeper of a shooting gallery, ninepin or tenpin alley; upon the keeper of any other table, stand or place for the performance of any game or play, whether played with sticks or balls, rings or other contrivance; upon the keeper of flying horses, bicycles, velocipedes or skating rink, insurance agent, life or fire insurance companies, brokers, dealers in futures, loan agents and agents for any other business or calling whatever; keepers of slaughter houses, beef-markets, green groceries; dealers in fish, oysters, vegetables, fruits, bread and other articls of food; upon every pawnbroker, and upon all other establishments, business, calling, or avocations not heretofore mentioned, and which under

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the laws and Constitution of the State of Georgia are subject to license. Business license. SEC. XVII. Be it further enacted, That the mayor and town council of Cecil shall have power and authority to levy and collect a street tax in addition to other taxes, a tax not to exceed five dollars upon each and every male person between the ages of sixteen and fifty years of age, except licensed ministers of the gospel who are in the regular discharge of their ministerial duty and in charge of one or more churches, and except all persons who have lost one leg or one arm; provided, that any persons so taxed shall have opportunity to work the streets of said town, and may relieve themselves of said tax by working on the streets not exceeding fifteen days in each year, under the direction or control of the town marshal, or other officer of said town; that upon the non-payment of said street tax, or failure to work on the streets as provided in this section, the person so offending, after five days' notice, such person may be sentenced by the mayor to work upon the streets of said town for and during the term not to exceed fifteen days, under the direction and control of the town marshal, or to confinement in the guard-house for a term not exceeding ten days, in the discretion of the mayor. Street tax. SEC. XVIII. Be it further enacted, That said mayor and aldermen shall have full power and authority to remove or cause to be removed, all buildings, porches, steps, fences or other obstructions or nuisances in the streets, lanes, alleys or public sidewalks in said town; they shall have power if necessary to establish a market or markets in said town, to regulate all butcher-pens, slaughter-houses, tan-yards, livery stables, blacksmith shops, forges and chimneys, steam sawmills, steam grist-mills, mill-ponds, fish ponds and steam gins within said town, and remove or cause to be removed the same, or any of them, in case they become nuisances, dangerous or injurious to the health of the town; they shall have power also to fill up all pits, cellars or excavations in said town, or cause the owner or owners to do so, when they shall deem it necessary for the public interest to have the same done; they shall also have the power to regulate and control all public pumps and wells, fire companies and engines, or any other apparatus of like character in said town; they shall have power to remove or cause to be removed all dilapidated or unsafe buildings, fences, chimneys, etc., which may be considered nuisances, or considered dangerous. Municipal powers. SEC. XIX. Be it further enacted, That the mayor and aldermen shall have power and authority to open, lay out, widen, straighten, or otherwise change the streets and alleys of said town,

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and to improve and light the same; and shall have power to lay off, vacate, close up, alter, open, curb, pave, drain and repair the roads, streets, bridges, sidewalks, cross tracks, drains and gutters for the use of the public or any citizen of said town; they shall also have power to compel the owners or lessees of property to pave or otherwise keep in good condition, as they may direct, the side walks in front of such property; should any owner or lessee fail to comply with any ordinance passed for such purpose, the work may be done by the town, and the expense attended by the same collected by execution issued against said owner or lessee. They shall have power also to protect places of public worship, provide places for the burial of the dead and to regulate interments therein; to regulate the keeping of gunpowder and other combustibles and explosives; to make regulations for guarding against fire, to establish fire limits, and from time to time enlarge and restrict the same. They shall also have the power to provide, lay out, improve, maintain and improve public parks, or pleasure grounds, and have complete authority and jurisdiction over the same. They shall also have power and authority to grant franchises for waterworks, gas-works, electric lights, telegraph and telephone lines through the streets and alleys of said town upon such terms and conditions as said mayor and town council may by ordinance prescribe. Streets. Churches. Cemeteries. Fire limits. Parks. Franchises SEC. XX. Be it further enacted, That the mayor and town council shall have power in the opening of any new streets, in said town, or in altering, or extending any street, or to condemn private property upon the following conditions: If the owner of the property to be affected claims that he will be damaged thereby, and if such owner and the mayor and council are unable to agree as to the amount thereof, the mayor and council shall select one intelligent freeholder of said town, and the owner of said property shall select one such person, or if he shall fail or refuse to make such selection within five days after having been notified by the mayor and council of their selection, then it shall be the duty of the justice of the peace of the militia district in which the land may lie to select some intelligent and upright citizen, freeholder as aforesaid; and it shall be the duty of the two persons selected to select a third intelligent and upright citizen of said town, and it shall then be the duty of said three persons to assess the damages sustained by the owner of said lands, taking into consideration the enhanced value, if any, to the property by reason of the public improvement, and either party may appeal from the award of said arbitrators to the superior court of said county, under the same rules as govern appeals from the other courts to the superior court; provided, that the mayor and council upon payment or tender to the owner or his

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agent of any sum found by said arbitrators, shall have the right to proceed to open, alter or straighten said street, notwithstanding said appeal, upon giving bond and security to pay any other further damage that may be recovered on the appeal. Condemnation. SEC. XXI. Be it further enacted, That should any person fail or refuse to pay the town tax or license, or tax and license imposed by the town authorities according to this charter within the time allowed or prescribed by the ordinances of said town, the clerk shall issue an execution against said delinquent for the amount due by him to said town, which shall bear test in the name of the mayor and the clerk of said town. Said execution shall bind all the property that said defaulting taxpayer owns in said town for the year for which the said taxes are due. Said execution shall be directed to and enforced by the marshal of said town, who, after levying the same upon the property of said defaulting taxpayer, shall, if the property levied upon be personal property, advertise for sale by posting notices thereof in three or more public places in said town, for ten days before the day of sale, and if the property levied upon be real estate, he shall advertise the same once a week for four weeks in the public gazette wherein the sheriff sales for Berrien county are advertised, or some other newspaper published in said town, before selling the same. All sales under such execution shall be made by the town marshal before the court-house door or town hall, or at such place as the mayor may direct, notice of which place and time of sale shall be contained in the advertisements. The property levied upon shall be sold by the marshal at public outery under the laws of sheriffs' sales to the highest and best bidder. When personal property is sold the marshal shall deliver possession thereof on the spot to the purchaser; when real estate is sold the marshal shall make to the purchaser a deed which shall be effectual in passing the title as the deed of the person against whom the execution issued; and it shall be the duty of such marshal, upon the application of the purchaser or his agent, to put said purchaser or his agent in possession of the real estate sold; provided, that said marshal be not authorized to turn out any other person than such delinquent taxpayer, his heirs, tenants or assigns. The clerk shall be entitled to fifty cents for each fi. fa. issued, and the marshal shall be entitled to the same fees for the levies as are by law allowed a bailiff in this State, and the same fees for selling as are received by the sheriff in this State. Taxes, how collected. SEC. XXII. Be it further enacted, That said mayor and aldermen shall have power and authority to build and provide for a council chamber, to establish and provide by regulation for a town guard-house in which to confine for punishment, when necessary,

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persons sentenced by the mayor for violating any of the town ordinances, or any of the penal sections of this charter, and for safe detention of any disorderly persons, and all persons committing or attempting to commit crime; and the marshal or any policeman of said town shall have the right to take up disorderly persons and all persons committing or attempting to commit any crime, and confine them in the guard-house to await their trial. Council chamber and guard-house. SEC. XXIII. Be it further enacted, That the mayor and aldermen of said town shall be bound to keep the peace, and for this purpose shall be ex officio justices of the peace, so as to enable them or either of them to issue warrants for offenses committed within the jurisdiction of the town, and shall have power on examination to commit the offender or offenders to the guard-house in the town or to the jail in Berrien county, or to bail them, if the offense be bailable, to appear before the proper court of said county for trial. Mayor and aldermen ex officio justices of the peace. SEC. XXIV. Be it further enacted, That the mayor of said town, or the mayor pro tem., when acting as mayor, shall have power and authority to hold a police court for the trial and punishment of all violators of the ordinances, rules or regulations of said town, and upon conviction to punish said offenders by a fine not to exceed ($100) one hundred dollars and costs, or by labor on the streets or public works of said town, under the direction and control of the proper officers, not to exceed (90) ninety days, or by confinement in the guard-house not to exceed (60) sixty days; provided, that the mayor of said town, or mayor pro tem. shall have power and authority to hold a police court for the trial and punishment of all violators of the liquor ordinances, rules and regulations of said town governing the sale of liquors in said town, or for the sale of liquors without license as required by this charter, and upon conviction to punish said offenders by a fine not to exceed one thousand dollars or by labor on the streets or public works of said town, under the control and direction of the proper officers, not to exceed twelve months, or by confinement in the guard house not to exceed six months, any one or all of these punishments in the discretion of the mayor or mayor pro tem.; the mayor or mayor pro tem., when proceeding in such police court, shall have authority to punish for contempt by a fine not to exceed ten dollars, or confinement in the guard-house not to exceed five days. The mayor who presides in the police court may call said court when he deems it necessary to clear the guard-house or docket of said court. In the absence of the mayor or mayor pro tem. any alderman of the town shall have power to hold police court. Police court. SEC. XXV. Be it further enacted, That when any execution issued by the proper authorities of said town for fines, forfeitures,

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taxes, license or any duty or demand due the said corporation, shall be levied on any property claimed by another person, not a party to the execution, said claim shall be investigated under the same rules, regulations and restrictions as regulate claim cases under the laws of this State, and the said claim shall be tried by a jury in the first justice court or superior court, having jurisdiction thereof as the case may be. Claim cases SEC. XXVI. Be it further enacted, That the mayor and aldermen shall prescribe by ordinance the time and manner in which and the officer or officers to whom all property, occupations, etc., shall be returned for taxation by the said town, and it shall be the duty of the assessor or assessors, to value the real estate for said town for taxation, and to scrutinize carefully each return of property, real or personal, by any taxpayer in the said town, and if in his or their judgment they shall find the property embranced in the return, or any portion of it, returned below its value, said assessor or assessors shall assess the value thereof within fifteen days, or such other time as may be prescribed by the mayor and aldermen. When the assessor or assessors shall raise the valuation at which the taxpayer has returned his property, said assessor or assessors shall give him written notice of their assessment, and it shall be the taxpayer's privilege, if dissatisfied with the assessment, to appeal to the mayor and aldermen under such rules and regulations as they may prescribe. Tax assessors. SEC. XXVII. Be it further enacted, That the mayor and aldermen of said town shall have full power and authority to make and enforce for any length of time such rules and regulations as they may deem proper to prevent the introduction into said town of any infectious or contagious disease, or to isolate, localize or prevent the spread or increase of the same when found in the town. Quarantine SEC. XXVIII. Be it further enacted, That all warrants, summonses and precepts issued by the mayor and aldermen of the town of Cecil, or by the clerk bearing test in the name of the said mayor and aldermen, shall be directed to the marshal or police of said town, and that the said mayor and aldermen shall have the power and authority to issue subp[oelig]nas, or cause the same to be issued by the clerk, to compel the attendance of parties or witnesses at the mayor's court and the meeting of the mayor and said aldermen; the said mayor and aldermen shall have full power and authority to take and receive from all parties and witnesses such bond as they may deem necessary to secure the attendance of said parties and witnesses and to pass all ordinances necessary to carry their behest into effect, and to forfeit and collect said bonds in the

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same manner that such bonds are forfeited in the superior court of this State. Municipal orders. SEC. XXIX. Be it further enacted, That said mayor and aldermen shall have full power and authority to take up and impound any horses, mules, cattle or hogs running at large within the limits of said town, and to regulate and control the keeping of dogs in said town, and to provide for impounding and disposing of the same, and to pass all such ordinances as may be deemed necessary for carrying out the provisions of this section. Cattle, etc. SEC. XXX. Be it further enacted, That the said mayor and aldermen shall cause the entire police force of said town to be so uniformed and armed as to be readily recognized by the public as peace officers. Police, uniforms for. SEC. XXXI. Be it further enacted, That the mayor and town council of Cecil shall have full power and authority to establish and maintain a system of water-works and sanitary sewerage for said town, and compel lot owners to connect with said sewerage, and may purchase or condemn any property within or without the town that may be necessary for either of said public works. In case it shall become necessary to condemn any property, under this section, or for any other public work, the proceedings shall be the same as in section twenty of this charter. Water works and sewerage. SEC. XXXII. Be it further enacted, That the mayor and council of Cecil shall have power and authority to fix and establish fire limits, and from time to time enlarge, restrict or change the same; to provide a fire department and a system of fire alarms when fire limits are established; it shall not be lawful for any person to build or cause to be built other than fire-proof buildings, except by special permission of the mayor and council of Cecil, which must be unanimous; and in case of any offense against any ordinance passed in pursuance of this Act, the said mayor and town council of Cecil, after five days' notice given, shall cause the said non-fire-proof buildings to be removed at the expense of the owners or builders thereof, to be collected by execution as other executions issued by the town; and the said mayor and town council shall have the right to determine what are or what are not fire-proof buildings. Fire limits. SEC. XXXIII. Be it further enacted, That said mayor and aldermen shall have full power and authority, as may be determined by a two-thirds vote of the qualified voters of said town, to devise, design and adopt a thorough system of public instruction in said town, and shall have exclusive jurisdiction over all the schools established under said system, and modify the same from

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time to time as circumstances may require; to establish such schools as they may deem proper, not exceeding one for the white race and one for the colored race; no white child shall attend a colored school and no colored child shall attend a white school; to appoint, remove or suspend teachers in their discretion; to fix salaries for teachers; to prescribe a curriculum or course of study; to make such by-laws, rules or regulations for the control of said schools as they may deem proper, and to do all lawful acts conducive to the proper and successful operation of said school system. Public schools. SEC. XXXIV. Be it further enacted, That it shall be the duty of 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 funds; the said State School Commissioner shall pay over to the said mayor and aldermen such proportion of said educational funds as said pupils are entitled to under the rules of distribution. State school fund. SEC. XXXV. Be it further enacted, That said mayor and town council shall have power and authority to contract debts and issue bonds of said town, under and in accordance with the limitations provided in the Constitution of this State, and the general laws applicable to municipalities, and with the funds arising from the sale of any bonds thus issued may refund any existing debts, establish and maintain a system of water-works, gas-works, a system of electric lights, telegraph, telephone, or they may grant franchises to any person or persons, firm or corporation, to purchase, acquire, erect, own, operate, manage and control water-works, gas-works electric lights, telegraph and telephone. They also have authority to erect public buildings or any other improvement convenient or necessary for the use of the citizens of said town and to create a debt and to issue bonds of said town for any other purpose under the limitations herein stated. Municipal debts, bonds, contracts and franchises. SEC. XXXVI. Be it further enacted, That the mayor and town council of Cecil shall have the power to remove any forge or smith-shop when in its opinion it shall be necessary to insure safety against fire; they shall have power to cause any stove, stovepipe or other things which shall endanger the town, as to fire, to be removed or remedied at the expense of the owner. Fire, protection against. SEC. XXXVII. Be it further enacted, That it shall be the duty of the marshal of said town to prosecute all the offenders against the laws of this State or crimes committed within the limits of the town of Cecil. It shall moreover be his duty to arrest, or cause to be arrested all disorderly persons, all committing or attempting to commit any crime, and to commit them to the guard-house or other

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place of confinement to await trial. It shall further be his duty to execute all processes and orders of the town, and to discharge any other duties imposed upon him by the laws, ordinances, rules and regulations of said town. Marshal, duties of. SEC. XXXVIII. Be it further enacted, That the clerk and treasurer shall be the custodian of the funds of said town, and shall be the keeper of the records thereof; he shall be the clerk of the mayor's court, and issue all processes and shall discharge all the duties that may be required of him by the laws, ordinances, rules, regulations and resolutions of the mayor and town council of the town of Cecil. And they, as well as all special officers of said town, shall, before entering upon the discharge of their duties, take and subscribe to an oath for the faithful performance of the duties of their respective offices, and they shall each enter into bond with good security, payable to the town of Cecil, in such amount as may be fixed by the mayor and aldermen for the faithful performance of their duties. Clerk and treasurer, duties of. SEC. XXXIX. Be it further enacted, That any person who may be convicted before the mayor's court shall have the right to appeal from the judgment of the mayor's court to the mayor and town council of the town of Cecil, and shall have a right to give bond and security in such sum as may be fixed by the mayor for his appearance before the mayor and town council of the town of Cecil. The mayor and council shall try all appeals de novo, and may, in their discretion, affirm the judgment of the mayor, reduce or increase the punishment or discharge the defendant. Appeals from mayor's court. SEC. XL. Be it further enacted, That any person who may be convicted before the mayor and town council of Cecil, may, by giving notice of his intention to certiorari suspend the judgment, and may be released from custody at once upon giving bond with good security in such sum as may be fixed by said mayor for his appearance; provided, all certioraris from said court shall be sued out, sanctioned and filed within thirty days from the judgment; and provided, no such certiorari shall issue until all costs shall have been paid or an affidavit be made by the defendant showing his inability to pay same. Certiorari from judgment of mayor and council. SEC. XLI. Be it further enacted, That any of the officers of the corporation who may be sued for any act done in his or their official capacity, may be justified under this charter, and that the provisions of this charter may be pleaded and shall be a full defense to any action brought against the mayor and aldermen of the said town, or either of them, for any acts or act done by them or either

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of them under and in accordance with its provisions, and in accordance with the ordinances passed in pursuance thereto. Officers, defense of. SEC. XLII. Be it further enacted, by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and and the same are, hereby repealed. Approved December 17, 1900. COLUMBUS, CITY OF, CHARTER AMENDED. No. 98. An Act to amend an Act to create a new charter for the city of Columbus, Georgia, and to consolidate and declare the rights and powers of said corporation, and for other purposes, approved November 29, 1890, so as to authorize the mayor and board of aldermen of said city to grade, pave, macadamize and otherwise improve the streets and sidewalks of said city, and to authorize said mayor and board of aldermen to assess and to collect two thirds (2-3) of the cost of paving, or improvements, out of the real estate fronting on said streets so paved or improved; and to authorize said mayor and board of aldermen to collect the cost of paving the whole width of any railroad or street railroad track, and for a space of two feet on the outside of same, from any railroad, or street railroad company, that may now or hereafter have tracks on the streets of said city; or to require any such railroad company to pave the whole space of the width of such track and for two feet outside of the rails of the same, at the option of said mayor and board of aldermen; and to provide that deeds by the city of Columbus, or its marshal or mayor made pursuant to sales made under execution issued for the collection of local assessments, and for tax sales, shall be admissible in evidence on the same terms as deeds made pursuant to sales made for taxes due by State and county. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the mayor and board of aldermen of the city of Columbus shall have full power and authority, in their discretion, to grade, pave, macadamize or otherwise improve, for travel and drainage, the streets and public lanes and alleys of said city; and to construct sidewalks and pave the same; to put down curbing, crossings, drains and otherwise improve the same, using such material for all such work, and doing the same at such time and in such manner, as, in their discretion, they may deem best. Columbus, city of. Streets of.

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SEC. II. That in order to fully carry into effect the authority above delegated, said mayor and board of aldermen shall have full power and authority to assess the cost of paving and otherwise improving the sidewalks, in said city, including all necessary curbing for the same, on the real estate abutting on the street, and on the side of the street, on which the sidewalk is so improved. Assessments for street improvements. SEC. III. That said mayor and board of aldermen shall also have full power and authority to assess one third of the cost of grading, paving, macadamizing, constructing side drains, cross drains, crossings or otherwise improving the roadway or street proper, or such width of the same, as they may decide to grade, pave, macadamize or otherwise improve, on the real estate abutting on each side of such street so paved, macadamized or otherwise improved; provided, that before any street or portion of a street shall be so graded, paved, macadamized or side drains or cross drains laid, or otherwise improved and the assessment made on abutting property as herein provided for, the persons owning real estate, which has at least one third of the frontage on the street or portion of a street the improvement of which is desired, shall, in writing, request the street committee of council to make such improvement; and said committee shall approve the same, and shall present such request, together with their approval thereof, to the mayor and board of aldermen, with a statement of the character of the improvement proposed to be made and an estimate of the costs of the same, and said mayor and board of aldermen shall, by ordinance, direct said work to be done; provided further, that any railroad company now having or that may hereafter have tracks running through or across the streets of said city shall be required to macadamize or otherwise pave, as said committee may direct, the width of such track and for a space of two feet on each side of every line of track now in use or that may hereafter be constructed by such company, so as to conform to the general character of such improvement being done contiguous to such track; and said railroad or street railroad company shall, upon direction of said street committee, cause the grade of such track to be raised or lowered so as to conform to the grade of the proposed improvement; provided further, that the mayor and board of aldermen are hereby authorized, in their discretion, upon the presentation of the aforesaid request, approved by the said street committee, to pave or contract directly for the paving of the whole surface of the street or portion of the street indicated by such request; and to require any railroad company having or using tracks in such street or portion of such street to pay for the paving of the

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space therein, which such company or companies may be required to pave under this Act; the object of this provision being to allow the city to pave or contract for the paving of the whole surface of the street, without giving such railroad company or street railroad company the option of paving the space to be paved by it, by itself or by a contractor at its instance. Assessments for street improvement Railroad tracks. Contracts for street improvements. SEC. IV. Said mayor and board of aldermen shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the above purpose 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 a street so improved, and also according to the special benefit accruing to said property by reason of such improvement; provided, that in no event shall such assessment be greater than 25 per cent. of the assessed valuation for taxation of such real estate after such improvements have been made; provided further, that the cost of such paving or improvement for such portion of such street so improved as shall front on cross or intersecting streets to the one being improved shall be assessed to and paid by the city at large. Assessments, how apportioned. SEC. V. 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 accruing to said property, as well as according to the frontage; and the amount of 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 such work and making the assessment. The mayor and board of aldermen of said city shall have authority to enforce the collection of any assessment so made for such improvement either upon the streets or sidewalks by execution to be issued by the clerk of council against the real estate so assessed and against the owner thereof at the date of the ordinance making the assessment and against any said road company or street railroad company, which execution may be levied by the marshal of said city on such real estate, and after advertisement and other proceedings, as in cases of sales for city taxes, the same may be sold at public outcry to the highest bidder, and such sale shall vest an absolute title in the purchaser; 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 and bond with the levying officer denying such special benefit, or that the whole or any part of the amount for which the execution issued is due, and stating what amount he admits to be due; the amount so admitted to be due shall be paid to the marshal before the affidavit is received

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and the affidavit and bond received for the balance, and all such affidavits so received shall be returned to the superior court of Muscogee county and there tried and the issue determined as in cases of illegality, subject to all the pains and penalties provided by law in cases of illegality for delay. The bond provided for in this section shall be conditioned the same as bonds in illegality proceedings. Assessments, how enforced. SEC. VI. That deeds by the city of Columbus, or its mayor or the marshal, pursuant to sales under execution issued for the collection of local assessments as herein provided, and tax sales, 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 assessment deeds or such tax deeds to put in evidence the proceedings preliminary to the execution of such deeds; the purpose of this section being to give the city assessment deeds and tax deeds the same prima facia force and validity which is accorded to tax deeds made by the officers of the State and county. Deeds by city, validity of. SEC. VII. All work done in accordance with this Act shall be done under the direction of the street committee of council, and the superintendent of public works; said superintendent of public works shall prepare and furnish surveys, grades, plans, profiles, and other like work, whether the work is to be done by contract or directly by the city. Work, how done. SEC. VIII. Be it further enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved December 15, 1900. COLUMBUS, CITY OF, COMMONS. No. 103. An Act to vest the title to the commons of the city of Columbus in commissioners, to sell the same and apply the proceeds to certain purposes, approved February 18, 1873, by providing that said commissioners be empowered to sell or lease, giving titles to the same, to so much of Eleventh street, heretofore dedicated as a street, lying between Seventh and Ninth avenues, on the East commons of the city of Columbus, as may not now be used for street purposes. SECTION I. Be it enacted by the General Assembly of the State

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of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the second section of an Act to vest the title to the commons of the city of Columbus in commissioners, to sell the same and apply the proceeds to certain purposes, be so amended as to add to said section second, after the word acre, the following words, to wit: provided, however, that said commissioners shall be authorized to sell or lease and make titles to any part of what is known as Eleventh street, heretofore dedicated for street purposes, lying between Seventh and Ninth avenues on the East commons of the city of Columbus, which may not be used for street purposes at the time of the passage of this Act, so that said section second, when so amended, shall read as follows: Columbus, city of. Commons. That it shall be the duty of the aforesaid commissioners to have the aforesaid commons surveyed and laid off in lots suitable for building lots; and they are empowered to sell or lease the same, giving titles to the same, but shall not sell to any person, except for manufacturing purposes, more than one acre; provided, however, that said commissioners shall be authorized to sell or lease and make titles to any part of what is known as Eleventh street, heretofore dedicated for street purposes, lying between Seventh and Ninth avenues, on the east commons of the city of Columbus, which may not be used for street purposes at the time of the passage of this Act. Sale of. SEC. II. Be it enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1900. CONYERS, CITY OF, PUBLIC SCHOOLS. No. 95. An Act to amend an Act to establish a system of public schools in the city of Conyers, approved September 11, 1889, by striking from said Act all of section 9 and insert in lieu thereof a section directing the State School Commissioner to pay over to the treasurer of the board of school commissioners of said city all money due from all sources under said Act, to be expended by said board for public schools in said city, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That

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from and after the passage of this Act that an Act to establish a system of public schools in the city of Conyers, approved September 11, 1889, be, and the same is, hereby amended as follows, to wit: by striking from said Act all of section 9, and insert in lieu thereof the following in its stead: Conyers, city of. SEC. II. Be it further enacted, That the State School Commissioner is hereby authorized to pay over to the treasurer of the board of school commissioners of the city of Conyers for the use of the public schools therein, under such rules and regulations as the said board may prescribe, the just and full proportion of the common school funds arising from any and all sources belonging to or due said city, to be by said board of school commissioners expeneded in the establishment and maintenance of said public schools in said city of Conyers, as may be authorized by the Constitution and laws of this State. State school fund. SEC. III. Be it further enacted by the authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 15, 1900. CORNELIA, TOWN OF, CHARTER AMENDED. No. 166. An Act to amend an Act incorporating the town of Cornelia in the county of Habersham, and for other purposes, so as to authorize the mayor and council of said town to submit to the qualified voters of said town, in an election to be held for that purpose, the question of establishing a system of public schools, and to establish and regulate said schools if the same is adopted at said election, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act an Act, approved October 22, 1887, incorporating the town of Cornelia in Habersham county, be, and the same is, amended as follows: That the mayor and council of the town of Cornelia shall, within three days after the approval of this Act, call an election in said town, after giving at least ten days' notice thereof in six conspicuous places in said town, to ascertain the desire of the qualified votes of said town, whether a system of free schools shall be established as provided

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in this Act. Said election shall be held under the same rules and regulations as elections for mayor and council in said town, and all persons qualified to vote in election for mayor and council of said town shall be qualified voters in this election. All persons voting at said election shall have written or printed on their ballots For Free Schools or Against Free Schools, and if the question shall be decided affirmatively by the necessary constitutional majority, the mayor and council shall so declare, and all the provisions of this Act relating to free schools shall become operative but shall not be of force if declared against free schools. If for free schools, it shall be the duty of the mayor and council to establish a free school system under the terms of this Act. Should it appear that the votes cast for free schools are less than a constitutional majority, then each succeeding year an election shall be ordered under the terms of this Act, after giving the notice required, until the necessary majority of ballots for free schools shall have been cast to establish the same. Cornelia, town of. Public schools, election for. SEC. II. Be it further enacted, That should a constitutional majority of votes be cast in the election aforesaid, that a free school for white children and a free school for colored children shall be established in the town of Cornelia. The county school commissioner of Habersham county shall pay over to the officer designated by the mayor and council, the gross public school fund for which said school is entitled, to be estimated by the school population of said town and the Cornelia school district, as said school district is now fixed by the county school board of Habersham county; and said Cornelia school district as now fixed shall not be changed and the said county board of education shall not establish a free school within one and three quarter miles of the present school-house in the town of Cornelia. Schools, for white and colored separate. School fund. SEC. III. Be it further enacted, That the mayor and council of said town shall provide by ordinance such rules and regulations as to them may seem proper for the election by them of a board of trustees to govern and control said school, define their duties and do all other acts and things necessary for the purpose of maintaining said schools by taxation, license, tuition fees and other means that they may adopt. Board of trustees. SEC. IV. Be it further enacted, That immediately after the establishing of free schools, as in this Act provided, and before the second Monday in January, 1901, the mayor and council shall elect a board of trustees, composed of six citizens of said town, who shall hold their office, two for one year, two for two years, and two for three years, and after the election for trustees, those afterwards

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elected shall hold their office for three years and until their successors are elcted and qualified. Trustees, election of. SEC. V. Be it further enacted, That the mayor and council shall fix the salaries of the various teachers and the time and manner in which the same shall be paid. Council shall require the treasurer to receive and pay out all school funds. They shall annually, at the regular annual meeting after election and qualification, fix a sum total which may be applied to free schools during the year, and no greater sum shall be applied during said year. Said sum shall be made up as follows: A tuition fee may be fixed for children residing within said corporation, and a larger fee fixed for children living without said corporation, but in no event shall the same be more than fifty cents per month for children living within said school district, which fee may be required in advance. No child shall, within said school district, be deprived of the benefits of the public school fund to which it may be entitled. One half of all the license fund shall be estimated and set apart for educational fund, and if council should adjudge that the school fund would not be sufficient with said license fund, together with other funds for said school, then the mayor and council shall levy an ad valorem tax not to exceed fifty cents on one hundred dollars, to be collected as other ad valorem taxes are collected, and apply the same to the funds for public schools. Teachers. Tuition fees. License fund. Ad valorem tax. 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 20, 1900. CRAWFORDVILLE, TOWN OF, CHARTER AMENDED. No. 124. An Act to amend the charter of the town of Crawfordville, granted by an Act of the Legislature, approved December 27, 1826, Acts amendatory thereto approved August 29, 1879, September 13, 1883, December 18, 1894, December 20, 1899. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, 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 levy and collect a tax or license fee, or tax on and grant license

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for the sale, within the corporate limits of said town, of spirituous or malt or vinous or intoxicating liquors, beer or bitters, or ale, whiskey or ardent spirits, and all dealers in any of the same; provided, that said tax or license fee or tax shall not exceed ($2,000) two thousand dollars for each year, and pass, make and enforce all by-laws and ordinances regulating said sale of any of them; provided also, that all rules and regulations, by-laws and ordinances now existing for the government of said town, or passed or made by the present commissioners of said town, or their predecessors, and which now exist, shall remain in force and effect except such as are in conflict with the provisions of this Act. Crawfordville. Sale of liquor. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1900. DAWSON, CITY OF, CHARTER AMENDED. No. 65. An Act to amend the charter of the city of Dawson so as to provide for the erection of wooden buildings within the fire limits of said city in the discretion of the mayor and council, and to repeal all laws in conflict with this Act. 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 be, and is, hereby so amended as to authorize and empower the mayor and council, in their discretion, to allow wooden buildings erected within the fire limits of said city (as now defined by existing laws); and no wooden buildings shall be erected within said fire limits except by and with the unanimous consent and approval of the mayor and aldermen of said city of Dawson. Dawson, city of. Fire limits. SEC. II. Be it further enacted by the authority aforesaid, That the second section of an Act, approved December 20, 1899, amending the charter of said city in reference to the erection of wooden buildings within its fire limits and prohibiting their erection, be, and the same is, hereby repealed; and all laws and parts of laws in conflict with the foregoing provisions of this present Act be, and the same are, hereby repealed. Fire limits. Approved December 13, 1900.

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DAWSON, CITY OF, CHARTER AMENDED. No. 75. An Act to amend the charter of the city of Dawson so as to provide for the impeachment of the mayor and members of council of said city. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the charter of the city of Dawson be, and is, hereby so amended as to authorize and empower the mayor and aldermen of said city to impeach any one of their number for malfeasance or misfeasance of the duties of mayor or alderman, and for inability or unwillingness to discharge the duties incumbent on such officer. In case it should be determined that impeachment is necessary and proper, then by appropriate resolution the city attorney shall be empowered and directed to formulate the charges against such officer, who shall be duly served with a copy of the same and allowed a reasonable time to prepare his defense thereto, either by himself or counsel. The said articles of impeachment shall be preferred against such officer in the name of the city council of Dawson in behalf of the citizens of said city, and the grounds on which impeachment is sought must be distinctly set forth therein. The mayor and aldermen shall, before proceeding with the trial, be duly sworn to impartially and carefully investigate said charges and a true conclusion reach, according to the evidence submitted, to the best of their skill and knowledge. Should the mayor be the officer on trial, then the judge of the superior court of the judicial circuit in which Dawson is located shall preside over the city council, sitting as a court of impeachment, but such judge shall have no vote on the final result and in determining whether or not such mayor is guilty of the charges preferred against him. If such judge should be disqualified or unable to serve, then some other judge of a superior or city court in this State may preside. No officer of said city shall be impeached except by a vote of two thirds of those trying the case against him. Judgment in case of impeachment shall not extend further than removal from office and disqualification to hold any office of honor or trust under the charter or ordinances of said city; but the person convicted shall, nevertheless, be liable and subject to indictment, trial and punishment according law. Dawson, city of. Officers, impeachment of.

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SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1900. DEMOREST, CITY OF, CHARTER AMENDED. No. 146. An Act to amend an Act entitled an Act to incorporate the city of Demorest in Habersham county, Georgia, and define the limits thereof; to create a city council and city board of education, and grant election powers and privileges for the same; to authorize the establishment of systems of schools, public lighting, water supply and drainage for said city, and the passage of all ordinances and by-laws for the government of said city, and to provide penalties for a violation of such ordinances and by-laws, and for other purposes, approved October 6, 1891. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act that section 1 of the above recited Act be, and the same is, hereby amended, as follows: By striking out all of said section after the word at in the seventeenth line of said section as it appears on page 843 of the Acts of 1890 and 1891, vol. 2, and insert in lieu thereof the following: The southeast corner of land lot No. 72, running thence along the northeast line of said land lot to its junction with the northeast line of lot No. 45, thence along said northeast line of lot No. 45 to the point where the southeast bank of Hazel creek is intersected by the said northeast line, running thence along said southeast creek bank to the point where the said creek bank is intersected by the north line of block No. 79 of the city of Demorest, running thence along said north line in a westerly direction to the point where said line joins the southeast line of Central avenue, thence along said southeast line to a point where said line intersects with the southwest line of Massachusetts Boulevard, thence directly across said Central avenue to the point of intersection of the northwest line of Central avenue and the southwest line of Massachusetts Boulevard, thence along the northwest line of Central avenue to the point where said northwest line crosses the northeast line of land lot No. 45, thence along said northeast line to the northeast corner of land lot No.

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45, thence along the northwest line of land lot No. 45 to the northeast corner of land lot No. 46, thence along the northwest line of land lot No. 46 to the point (in block No. 102 of the city of Demorest) where the southeast bank of Hazel creek is intersected by the said northwest line of land lot No. 46, thence along the said creek bank to the point (in block 115 of the city of Demorest) where said creek bank is intersected by the northwest line of land lot No. 46, to the northwest corner of land lot No. 46, thence along the southwest lines of land lots Nos. 46 and 71 to the southwest corner of land lot No. 71, thence along the southeast lines of land lots Nos. 71 and 72 to the point of beginning, including all lands within these boundaries, the same being in the tenth (10th) land district of Habersham county, Georgia, and shall hereafter comprise the territory incorporated as the city of Demorest; so that said section, when amended, shall read as follows: Section 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act the city of Demorest in the county of Habersham be, and the same is, hereby incorporated under the name of the city of Demorest. That the principal government of the city of Demorest shall be vested in a city council composed of a mayor and four councilmen, who are hereby constituted a body corporate under the name and style of the corporation of the city of Demorest, and by that name and style shall have perpetual succession and shall have a common seal and be capable in law and equity to purchase, have, hold, receive and enjoy, possess and retain to them and their successors, for the use of the city of Demorest, any estate, real or personal, of whatever kind or nature, and shall, by the same name, be capable to sue and be sued in any court of law or equity in this State, and to sell, alien or lease any estate, real or personal, the property of or belonging to said corporation, to convey the same or any part thereof as they may see fit; that the corporate limits of the city of Demorest shall commence at the southeast corner of land lot No. 72, running thence along the northeast line of said land lot to its junction with the northeast line of land lot No. 45, thence along said northeast line of land lot No. 45 to the point where the southeast bank of Hazel creek is intersected by the said northeast line, running thence along said southeast creek bank to the point where the said creek bank is intersected by the north line of block No. 79 of the city of Demorest, running thence along said north line in a westerly direction to the point where said line joins the southeast line of Central avenue, thence along said southeast line to the point where said line intersects with the southwest line of Massachusetts Boulevard, thence directly across said Central

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avenue to the point of intersection of the northwest line of Central avenue and the southwest line of Massachusetts Boulevard, thence along the northwest line of Central evenue to the point where said northwest line crosses the northeast line of land lot No. 45, thence along said northeast line to the northeast corner of land lot No. 45, thence along the northwest line of land lot No. 45 to the northeast corner of land lot No. 46, thence along the northwest line of land lot No. 46 to the point (in block No. 102 of the city of Demorest) where the southeast bank of Hazel creek is intersected by the said northwest line of land lot No. 46, thence along the said creek bank to the point (in block 115 of the city of Demorest) where said creek bank is intersected by the northwest line of land lot No. 46, thence along said northwest line of land lot No. 46 to the northwest corner of land lot No. 46, thence along the southwest lines of land lots Nos. 46 and 71 to the southwest corner of land lot No. 71, thence along the southeast lines of land lots Nos. 71 and 72 to the point of beginning, including all lands within these boundaries, the same being in the tenth (10th) land district of Habersham county, Georgia, and shall hereafter comprise the territory incorporated as the city of Demorest. Demorest, city of. Corporate limits. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1900. DEEPSTEP, TOWN OF, INCORPORATED. No. 91. An Act to incorporate the town of Deepstep, in the county of Washington; to confer certain powers upon said town and the officers thereof; to provide for the appointment of officers of said town and the election of their successors, and for other purposes connected therewith. 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 Deepstep in the county of Washington be incorporated, and that the same shall be a body politic and corporate by the name of the town of Deepstep. The corporate limits of said town shall embrace the following territory: Beginning at a certain pine where the branch intersects Deepstep creek, thence one and one half miles running north up said creek to a pine to be hereafter designated

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by the officers of said town, as are hereinafter provided for, thence east to the residence of N. F. Andrews, a distance of one and one-half miles, thence south to W. H. Prince's residence, one and one half miles, and thence west one and one half miles to the beginning point, said territory being embraced in a square, each side of which shall be one and one-half miles long, and the center of which shall be one and one half miles long, and the center of which is a certain cedar tree located on the Linton road on the land of L. A. Gladden. Deepstep, town of, incorporated. Corporate limits. SEC. II. Be it further enacted by the authority aforesaid, That until the next regular election of officers as hereinafter provided for, the following named citizens of said town shall be the municipal authorities, to-wit: Dr. J. S. Peerler, mayor; M. N. O'Quinn, A. S. Avent, L. A. Gladden, W. A. Walker and O. F. Veal, aldermen. Officers. SEC. III. Be it further enacted by the authority aforesaid, That the officers herein provided for and herein appointed shall proceed to elect a marshal, who shall hold his office until the next general election of marshal, as is hereinafter provided for. Marshal. SEC. IV. The officers herein appointed shall hold their offices until January 1st, 1902, at which time under regulations hereinafter provided for, their successors shall be elected by the qualified voters of said town for a term of one year, and on the first day of January each year thereafter, except when the first day of January falls on Sunday, in which event the election shall be held on the second day of January, officers as herein provided, to wit: a mayor and five aldermen shall be elected by a vote of the citizens of said town who are qualified to vote under the rules and regulations hereinafter provided, for a term of one year, and each council shall elect a marshal at its first regular meeting after the election, who shall likewise hold his office for a term of twelve months and until his successor is elected and qualified. Election of officers. SEC. V. Be it further enacted by authority aforesaid, That the mayor and council shall elect one of the aldermen as clerk of said town and that he shall serve without compensation. Clerk. SEC. VI. Be it further enacted by authority aforesaid, That the mayor and aldermen shall receive no compensation, and that the salary of the marshal shall be fixed by each council, except that the same shall not be increased or diminished during the term of each marshal. Salary of marshal. SEC. VII. Be it further enacted by the authority aforesaid, That the mayor of said town shall be ex officio recorder, shall try all persons charged with offenses against the ordinances and by-laws of said town. Recorder.

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SEC. VIII. Be it further enacted by authority aforesaid, That all of the provisions of sections 689 to 761 inclusive of the Code of Georgia of 1895, volume I., are hereby adopted and shall become a part of this act of incorporation; but where any of said sections, or the provisions thereof, conflict with any of the sections or provisions of this Act as herein specifically set forth, the former shall be void and the latter shall prevail. Code sections 689 and 761 inclusive. SEC. IX. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be, and same are, hereby repealed. Approved December 15, 1900. DICKEY, TOWN OF, INCORPORATED. No. 38. An Act to incorporate the town of Dickey in Calhoun county, to grant certain powers and privileges to the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the town of Dickey in the county of Calhoun be, and the same is, hereby incorporated as a town under the name of the town of Dickey. The corporate powers of said town shall be vested in a mayor and four councilmen, and by the name of the mayor and council of the town of Dickey they may sue and be sued, plead and be impleaded, and exercise all the corporate powers that may be necessary in performing their duties. Dickey, town of, incorporated. SEC. II. Be it further enacted, That the corporate limits of said town shall extend one mile in all directions from the Presbyterian church building in said town of Dickey. Corporate limits. SEC. III. Be it further enacted, That T. H. Rogers be, and he is, hereby appointed mayor, and T. E. Plowden, W. E. Harven, Seaborn Mansfield and J. L. Boynton are hereby appointed councilmen of said town of Dickey, to hold their offices until the first annual election as hereinafter provided. Mayor and councilmen. SEC. IV. Be it further enacted, That on the first Monday in June, 1901, and every two years thereafter on the same day, an election shall be held in the school building in said town for a mayor and four councilmen, who shall hold their offices for two years and until their successors are elected and qualified; but no

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one shall vote or be eligible to the office of mayor or a councilman of said town who does not reside within the corporate limits of said town, and who is not qualified to vote for members of the General Assembly of this State. Said election shall be held and conducted in the same manner as elections for county officers in this State; provided, that any two of said councilmen shall be competent and qualified to hold said election, and the certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the office to which they have been elected. In the event that the office of mayor or any member of the board of councilmen shall become vacant by death, resignation, removal or other cause, the mayor, or in case his seat be vacant, a majority of the councilmen shall order a new election, notice of which shall be given at least ten days before said election is held, the same to be conducted as provided in this Act. Election of mayor and councilmen. SEC. V. Be it further enacted, That before entering on the discharge of their duties, the mayor and councilmen shall subscribe to the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge all the duties devolving on me as mayor or councilman, as the case may be, of the town of Dickey, Calhoun county, according to the best of my ability and understanding; so help me, God. Oath. SEC. VI. Be it further enacted, That said mayor and councilmen shall have power and authority to pass all laws and ordinances that they may deem necessary for the government of said town or the protection of property from loss by fire or damage therein; provided, they be not repugnant to the Constitution and laws of this State and the United States. General powers. SEC. VII. Be it further enacted, That said mayor and councilmen shall have power and authority to levy and collect a tax not exceeding two per cent. upon all property, both real and personal, within the corporate limits of said town, and the same may be enforced by execution issued by the clerk in the name of the mayor, and levy and sale of property as in case of sales of property liable to State and county taxes; all levies of tax executions to be made by the marshal or his deputy, and to be conducted as sales of the sheriffs of this State in cases of levy of tax executions. They shall also have power to require all persons within said corporate limits, who are subject to road duty under the laws of this State, to work on the streets of said town, or they may prescribe a commutation tax which may be paid in lieu of work upon the streets. Property tax. Commutation tax. SEC. VIII. Be it further enacted, That the mayor of said town, and in his absence the mayor pro tem. (who shall be elected by

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the councilmen from their own number), shall be the chief executive officer of said town. He shall see that the ordinances, by-laws, rules and orders of the council are faithfully executed; he shall have control of the police of said town, and may appoint special police whenever he may deem necessary, and it shall be his duty especially to see that the peace and good order of said town are preserved and that persons and property therein are protected, and to this end he may cause the arrest and detention of all rioters and disorderly persons in said town; he shall have power to issue executions for all fines, penalties and costs imposed by him, and to issue warrants for the arrest of all disorderly persons in said town, and in default of immediate payment of all fines, penalties and costs imposed by said mayor, he may imprison the offender in the common jail of said county of Calhoun, not to exceed thirty days. Mayor, powers and duties. SEC. IX. Be it further enacted, That said mayor and councilmen, at their first meeting (or some subsequent meeting), shall elect a clerk, who may be one of their own number or any citizen of said town, and at the same time shall also elect a treasurer of their own number and also a marshal and deputy if necessary. These officers shall be required to take and subscribe an oath before said mayor that they and each of them will well and faithfully discharge their several duties as clerk, treasurer and marshal, as the case may be, to the best of their skill and knowledge. Officers. SEC. X. Be it further enacted, That the clerk and marshal receive such annual salaries as the council may deem just and proper. Clerk and marshal. SEC. XI. Be it further enacted, That said mayor and council have power to tax all shows to which an admission fee is charged, and all enterprises as they may deem to the interest of said town. Tax on shows. SEC. XII. Be it further enacted, That the town of Dickey, when incorporated as contemplated by this Act, shall not be liable to keep up, maintain or repair the present or any future bridges, ditches, within the corporate limits of said town. Bridges and ditches. SEC. XIII. Be it further enacted, That said mayor and council of the town of Dickey shall have the power to pave, lay off, vacate, close, open, alter, cut and keep in good order and repair roads, streets, alleys, sidewalks, cross-walks, drains, gutters and ditches for the use of the public or any citizen thereof, and to keep them free from obstructions, and to abate or cause to be abated what, in the opinion of a majority of the whole council, shall be declared a nuisance, and to provide for the building of houses or other structures, and for the making of division fences by the owners of adjacent properties, and the drainage of lots by proper drains or ditches; to build or remove fences, palings or any and all obstructions that said mayor and council may deem best for the said

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town; to enact all necessary rules and regulations to protect the health of the town and for general sanitation. Streets, etc SEC. XIV. Be it further enacted, That said mayor and council shall have power and authority as trustees of the Dickey High School building, for the management, control and protection of said school building, and shall have full power and authority to name the teachers who shall be contracted with by the county school commissioners of said county for teaching the public schools in said town of Dickey, and to exercise all power and jurisdiction over said public schools, provided they be not repugnant to the laws of this State, relative to the management of public school by the board of education of said county, to do or perform all things which said mayor and council shall deem expedient for the maintenance of the public schools in said town. Trustees, powers of, as. SEC. XV. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 6, 1900. DOUGLAS, CITY OF, CHARTER AMENDED. No. 116. An Act to amend the charter of the city of Douglas in the county of Coffee, so as to extend the incorporate limits of said city so that the boundary shall be one mile in every direction from the court-house in said county; also providing for an issue of bonds by said city of Douglas in a sum not to exceed five thousand dollars, for the purpose of buying and building school property in and for said city, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act creating a new charter for the city of Douglas in the county of Coffee, approved December 20, 1899, be amended as follows: by striking out all of section 2 of said Act after the word territory in the second line of said section, and inserting in lieu thereof the following words, to wit: within one mile of the county court-house of Coffee county, situated in said city of Douglas; said corporate limits to be two miles in diameter, with said court-house for a center; so that said section, when so amended, shall read as follows: That the corporate limits of the city of Douglas shall embrace all the territory within one mile of the county court-house of

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Coffee county, situated in said city of Douglas; said corporate limits to be two miles in diameter, with said court-house for a center. Douglas city of. Corporate limits. SEC. II. Be it further enacted, That section 26 of said Act be, and the same is, hereby amended as follows: by inserting after subdivision (H) of said section 1, which shall read as follows: The mayor and aldermen of the city of Douglas are hereby autherized to submit to the voters of said city, under the same conditions and qualifications as above set forth, the question of issuing bonds in a sum not to exceed five thousand dollars, for the purpose of buying and building school property in and for said city. The question of issuing bonds for school purposes shall be submitted to the qualified voters of the city of Douglas at as early a date as practicable after the approval of this Act. At said election the ballot shall be written or printed For bonds or Against bonds. Should the said election result in favor of bonds, then the mayor and aldermen of the said city of Douglas shall be, and they are, hereby authorized to issue said bonds for said purposes in a sum not to exceed five thousand dollars in the aggregate, each of said bonds to be so issued to be in such sums as said mayor and aldermen shall designate; provided, the same be not less than $50.00 nor more than $500.00 each, same to be due and payable in the same manner as is provided in subdivision (B), section 26. 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 to the 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 purchasing, building and maintaining school property for said city; and the mayor and aldermen of the city of Douglas are hereby authorized and empowered in their discretion to purchase property already improved, taking title thereto, in the city of Douglas, or, if they see proper and deem it for the best interest of said city, they may purchase unimproved property, and they are empowered to make such improvements on any property which they may purchase for said city as they may deem for the best interest of said city. All the provisions in section 26 not inconsistent herewith are made applicable to the said bonds so to be issued. Public schools, bonds for. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1900.

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EAST ROME, TOWN OF, PUBLIC SCHOOLS. No. 56. An Act to establish a system of public schools for the town of East Rome, and to provide for the support and maintenance thereof, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia (the corporate authorities of the town of East Rome having so recommended), That the mayor and council of the town of East Rome, Floyd county, Georgia, are hereby authorized to levy a tax annually, in addition to that now authorized by law, not to exceed one fourth of one per cent., on all property within the corporate limits of said town, which is now subject to taxation under the charter of said town, for the purpose of establishing and maintaining public schools in and for the said town of East Rome; provided, the money so raised shall be used only for the purposes set forth in this section. East Rome. Tax for public schools. SEC. II. Be it further enacted by the authority aforesaid, That before this Act shall take effect and become operative, the mayor of the town of East Rome shall order an election, giving at least thirty days' notice thereof by advertising said notice once a week for four weeks in some newspaper published in Floyd county, to ascertain the sense of the qualified voters under this Act, at said election, whether public schools shall be established or not in said town. All persons voting at said election shall have written or printed on their ballots the words For public schools or Against public schools, and if the question shall be decided affirmatively by the necessary constitutional majority, it shall be the duty of the mayor and council to levy a tax as authorized by section one of this Act; and if said question shall be decided negatively, the mayor and council are authorized to order other elections upon the same question; provided, twelve months shall elapse between said elections. Election. SEC. III. Be it further enacted by the authority aforesaid, That any election under this Act shall be held under the same rules and regulations, except that the voters under this Act shall not be required to register as in other town elections, and that the qualifications for voters at said election shall be the same as required by law at elections for mayor and aldermen for said town. Voters. SEC. IV. Be it further enacted by the authority aforesaid, That the mayor and council of the town of East Rome shall provide for the appointment or election of a board of trustees, define their

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duties, and do and perform all other acts and things necessary or proper for the purpose of carrying out the objects of this Act, to establish and maintain a system of public schools in said town of East Rome by local taxation, under the provisions hereinbefore mentioned. Board of trustees. SEC. V. Be it further enacted by the authority aforesaid, That the State School Commissioner is hereby authorized and directed to pay over to the mayor and council of the town of East Rome, for the use of said public schools, under such rules and regulations as said mayor and council may prescribe, the proportion of the common school fund, arising from any source, belonging to said town, to be by them expended in the establishment and maintenance of said public schools, as authorized and directed by the Constitution and laws of this State. Common school fund. 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 10, 1900. EAST THOMASTON, VILLAGE OF, INCORPORATED. No. 168. An Act to incorporate the village of East Thomaston in the county of Upson; to provide for the qualifications of voters and election of commissioners for the same; to prescribe the powers and duties of said commissioners; to provide for all matters of municipal concern and cognizance, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georiga, That from and after the passage of this Act all persons who are citizens of the United States and who reside in the territory in the county of Upson, State of Georgia, comprised in the following limits, to wit: A quadrilateral, the outward or N. eastern boundary of which is the are of a circle whose cord is [frac34] of a mile long and its radius 1 miles long; and the inward or S. western boundary is the arc of a circle whose cord and radius are each [frac34] of a mile in length, the perimeter of the inner circle being the incorporate limits of the city of Thomaston, having its center in the center of the court-house in said city. These bounding circular arcs are concentric, and a radius drawn from the common center to the interior bounding arc where it

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crosses the center of the Thomaston and Barnesville road and these extended to the outer circular boundary, will besect both arcs and their cords, dividing the quadrilateral contained between them into two equal and similar portions by passing through its center, be incorporated under the name and style of the Village of East Thomaston, and by the corporate name of the Village of East Thomaston shall have perpetual succession, may have and use a corporate 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 said village, and may sell or otherwise dispose of the same for the benefit of said village, as to the commissioners of said village may seem fit and proper. East Thomaston, village of incorporated. SEC. 2. Be it further enacted, That the municipal government of the village of East Thomaston shall consist of three commissioners, who shall be elected in the manner hereinafter set forth, each of whom shall serve without pay, and who shall hold their offices for one, two and three years respectively, and until their successors are elected and qualified. Commissioners. SEC. 3. Be it further enacted, That an election shall be held at the storehouse of the Thomaston Cotton Mills, or at some other convenient and accessible place, in said village of East Thomaston, on the 1st Monday in September annually. On the 1st Monday in September, 1901, three commissioners shall be elected, and on the 1st Monday in September annually thereafter one commissioner shall be elected to serve for three years and until his successor is elected and qualified. The three commissioners elected at said first election on the 1st Monday in September, 1901, shall on the day following their election meet and determine by casting lots which one so elected shall serve for three years, which one shall serve for two years and which one shall serve for one year, and the result of said determination by casting lots shall be entered on the book of minutes of the commissioners of said village. Election of commissioners. SEC. 4. Be it further enacted, That any person shall be eligible to the office of commissioner who is qualified to vote in said village, and any person shall be qualified to vote in any election held in said village who is qualified to vote for members of the General Assembly in Upson county, except that registration in the registration book kept by the county tax-collector or registrar shall not be considered a necessary qualification,

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and who shall have resided in said village thirty days immediately preceding said election. All elections shall be held in the storehouse of the Thomaston Cotton Mills, or in front of or in the rear of said storehouse or at some other public place in said village, in the discretion of the commissioners, who shall give due notice of such place; may be superintended by any two persons residing in said village who are qualified to vote; shall be held between the hours of 10 a.m. and 4 p.m.; the managers shall take and subscribe an oath to faithfully superintend and make true returns of said election to the commissioners, which oath may be administered by any person who is qualified to administer oaths in the county of Upson, or if no such officer can be had said managers may administer said oath to each other. The said managers shall certify the result of such election and make return thereof to the commissioners of said village, who shall on the Tuesday following the day of the election meet and declare the result and install in office the person elected commissioner. The commissioners of said village shall, before entering on the discharge of their duties, take and subscribe 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 commissioner of the village of East Thomaston; that I will faithfully execute and enforce the laws of said village 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 village; so help me, God. Voters. Managers. Oath of commissioner. SEC. 5. Be it further enacted, That W. H. Morris, Z. M. Floyd and W. S. Landrum, residents of the village of East Thomaston, be, and they are, hereby created and appointed commissioners of the village of East Thomaston, to serve until the first election, as provided herein, on the first Monday in September, 1901, and until their successors are elected and qualified. In case a vacancy occurs in the board of commissioners of said village by death, resignation or otherwise, the remaining commissioners or commissioner shall order an election to be held within fifteen days from the time such vacancy occurs, due notice of which shall be given by posting notice of same ten days before the election at one or more public place in said village for the purpose of filling said vacancy. Commissioners. SEC. 6. Be it further enacted, That the commissioners herein appointed shall as soon as possible after the passage of this Act elect one of their number chairman of the commissioners of said village, and shall also elect one of their number chairman

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pro tem. of the commissioners of said village; and on the day of the installation of the commissioner elected at each annual election as herein provided, the said commissioners shall elect from among their number a chairman and chairman pro tem. of the commissioners of said village. Chairman. SEC. 7. The chairman of the commissioners of said village shall be the chief executive officer of said village, and in his absence or disqualification the chairman pro tem. shall be the chief executive officer. He shall see that the laws of said village, the ordinances, by-laws, rules, regulations and orders of the commissioners are duly executed. He shall have control of the marshal and police of the village, and may appoint special police whenever he may deem it necessary. It shall be his duty especially to see that the peace and good order of the village 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 village. He shall have power to impose fines, not to exceed the sum of fifty dollars for each offense, or to sentence any offender against the laws, ordinances, rules and regulations of said village, to be confined in a guard-house to be provided for that purpose not exceeding thirty days, to work on the streets or other public works of the village under the supervision of the marshal thereof for any length of time not exceeding forty days, either one or two or all of these at the discretion of the trial court, and in addition thereto such cost of the proceedings as may be incurred. Any person convicted before the chairman or the chairman pro tem. of the commissioners of said village for any violation of the laws or ordinances of the village may enter an appeal from the judgment of the court to the commissioners of the village, a majority of whom shall constitute a quorum; provided, the appeal be entered instanter; and provided, that all costs are first paid and bond given to abide the decision of the commissioners; and any person convicted on such appeal by the commissioners 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 chairman or chairman pro tem. of the commissioners, 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 bonds as herein required. Powers and duties of chairman. Appeal. Certiorari.

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SEC. 8. Be it further enacted, That the commissioners of said village shall at their first meeting after the passage of this Act, and at their first meeting after each annual election and at any time that a vacancy may occur, elect a clerk and treasurer, either from among their own number or from among the citizens of the village, and at said times they shall likewise elect a marshal of said village, either from among the citizens of the village or any other person they may see fit to elect. The clerk and treasurer and the marshal so elected shall each make and give to the commissioners of said village a bond, with security to be approved by the commissioners, in such amount as may be fixed by the commissioners, made payable to the village of East Thomaston for the faithful performance of their duties. Clerk, treasurer and marshal. SEC. 9. Be it further enacted, That the commissioners of said village shall have power and authority to levy and collect taxes for general and special purposes upon all real and personal property in said village, not to exceed one fourth of one per centum per annum. They shall also have power and authority 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 solicitors or canvassers selling or offering for sale goods, wares, merchandise or other things by retail to customers; by all agents of fire, accident or life insurance doing business in said village; by any person engaged in any trade, profession or occupation except such as are exempt by law, carried on within the corporate limits of said village; 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. Property tax. License tax. SEC. 10. Be it further enacted, That the said commissioners of said village shall have the power and authority to punish for the unlawful sale of 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 intoxicating or malt liquors or bitters or liquors of any kind which, if drunk to excess, will produce intoxication shall be granted or allowed by the commissioners of said village. Liquor, sale of. SEC. 11. Be it further enacted, That the commissioners of said village shall have power and authority to pass all laws and ordinances that they may deem necessary for the good government of said village, the protection of the life, liberty, security

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and prosperity of the inhabitants thereof, and for the preservation of peace and good order, temperance and morality in said village which are not contrary to the Constitution and laws of the United States or of the State of Georgia. General powers. SEC. 12. Be it further enacted, 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 village ten days, shall be subject to work on the streets, alleys and sidewalks of said village not exceeding ten days in each year, or to pay such commutation tax as may be levied by the commissioners of said village in lieu of working said streets, alleys or sidewalks, not exceeding five dollars each year; and the commissioners of the said village shall have the power and authority to provide by ordinance for the proper enforcement of this section by prescribing proper punishment for all persons subject to street duty who fail or refuse to work the streets, alleys and sidewalks of the village when notified so to do, or to pay the commutation tax in lieu thereof. Street work and commutation tax. SEC. 13. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 20, 1900.

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ELBERTON, CITY OF, PUBLIC SCHOOLS. No. 1. An Act to provide a system of public schools for the city of Elberton in the county of Elbert, including primary, grammar and high schools; to provide for the maintenance of the same by a special tax upon the taxable property within said city; to create a department of government for the control and conduct of said schools; to authorize the charge of a matriculation fee to residents attending the grammer and high schools; to authorize the city authorities to contract with the county authorities of the county of Elbert for the admission of children living outside the city limits, and to receive that portion of the county fund that would go to such children if in attendance upon public schools outside the city limits, and to charge such children such additional tuition as may be prescribed; to authorize and direct the county school commissioner of Elbert county to pay over to the city authorities of said city each year so much of the public school fund coming from the State to the county of Elbert as the children of school age in the city of Elberton would be entitled to under a pro rata distribution of said fund to the children of school age in the county of Elbert; to provide that this bill be submitted to the qualified voters of the city of Elberton as the law requires, 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, the corporate authorities having recommended the same, That from and after the passage of this Act the city council of the city of Elberton in the county of Elbert, as soon after the passage of this Act as practical, are hereby authorized and empowered to elect by ballot from the citizens of said city, who shall be freeholders therein and at least twenty-five years of age, five male persons, who shall constitute a board of education for said city, and who shall hold their office until the regular monthly meeting of the city council, after the organization of the new council in January, 1903, at which time the said city council shall elect by ballot five citizens with the qualifications herein stated, who shall constitute the board of education for two years, and the city council shall elect a new board every two years thereafter; and the said board of Education shall always hold their offices for two years and until their successors are elected; and all vacancies in said board, from death, resignation, removal from said city, or otherwise, shall be

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filled by the city council at any meeting after such vacancy occurs. A majority of said board of education shall constitute a quorum for the transaction of business, but nothing done by said board shall be considered as passed and binding unless the same shall receive at least three favorable votes; and no vote shall be cast by proxy. Elberton. Board of education. SEC. 2. Be it further enacted by the authority aforesaid, That the said board of education shall have full power and authority to devise, designate, establish, adopt and maintain a system of public schools in said city; to increase, modify, alter and change the same from time to time; to establish public schools for said city of Elberton, including primary, grammar and high schools, as they may deem expedient and proper; to prescribe the curriculum, appoint and employ teachers for said schools and a superintendent for the same; to fix the compensation for teachers and superintendent; to recommend to the city council such schoolhouses, furniture, fixtures and apparatus as they may deem necessary for the proper operation of the city schools; to make such by-laws, rules and regulations for their own government and that of the superintendent, teachers and pupils of said schools as they may deem proper, provided the same are not in conflict with the constitution and laws of the State; and to do any and all other acts promotive of the best educational interest of said city when not in conflict with this Act or the constitution and laws of the State. Public schools, establishment and government of. SEC. 3. Be it further enacted by the authority aforesaid, That the officers of said board of education shall be a president, who shall be a member of said board; a secretary, who may be a member of said board, and such other officers as may be deemed advisable and necessary, all of whom shall be elected by said board, and hold their offices at the pleasure of said board. The board of education, including the president thereof, shall serve without compensation; the secretary and such other officers as may be created and elected shall receive such compensation as the board may fix. No member of the board of education or the city council shall be eligible to the position of superintendent or to the position of teacher in public schools of the city. Officers. SEC. 4. Be it further enacted by the authority aforesaid, That the said board of education shall keep regular minutes of its proceedings, which shall be authenticated by the president and secretary thereof, which shall at all times be open to inspection by the mayor, the city council or any citizen of said city. The board of education shall at or before the beginning of any scholastic year, furnish the city council with a written estimate of the funds necessary for the maintenance of the public schools of the city for the ensuing

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scholastic year; which estimate shall contain as near as practical an itemized statement of the amounts needed for each and every purpose; and at the end of each scholastic year the said board shall submit to the city council a report of all moneys spent by them the year ending, and from what source it came, giving an itemized statement of the expenditures, with such other information and recommendations as they may deem proper, which shall be published in at least one newspaper in the city at the direction of the city council. Minutes, estimates and reports SEC. 5. Be it further enacted by the authority aforesaid, That no bill or charge of any character contracted or made for the maintenance and support of the public schools of said city shall be paid, approved or audited for payment except at a regular meeting of the board of education, which shall then be attested by the president and signed by the secretary of the board, and when so approved, audited and attested shall be presented to the treasurer of the city of Elberton, who shall pay the same out of funds previously set aside by the city council for school purposes, and standing to the credit of the board of education, and from no other funds; that the board of education of said city may fix, charge and collect a matriculation fee of residents of said city for admission into the grammar and high schools of said city, which if demanded shall be paid at or before admission into the schools; which sums shall be by the said board of education or its officers paid over to the treasurer of the city, to be placed into the school fund of the city, and report the same with the names of those paying to the city council. School funds, how disbursed. Matriculation fee. SEC. 6. Be it further enacted by the authority aforesaid, That the board of education of said city shall have power and authority to contract with the proper authorities of the county of Elbert, for the admission of children living outside of the city limits into the public schools of the city, and the treasurer of the city shall receive from the school commissioner of Elbert county that portion of the public school fund of the county that would be apportioned to such children if attending county schools outside of the city limits; which sums shall be by the treasurer of the city covered into the public school fund of the city, and a report of the same made to both the board of education and the city council. Non-resident pupils County school fund. SEC. 7. Be it further enacted by the authority aforesaid, That the county school commissioner of Elbert county shall pay over to the city treasurer of the city of Elberton each year that portion of the public school fund coming from the State to the county of Elbert as the children of school age in the city of Elberton would be entitled to receive under a pro rata distribution of said fund to the

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children of school age in the county of Elbert, as ascertained by the last census of children of school age in the county of Elbert, and the city of Elberton; which sums shall be covered into the public school fund in the city treasury, and a report of the same made by the city treasurer to both the board of education and the city council. State school fund. SEC. 8. Be it further enacted by the authority aforesaid, That the board of education of said city shall provide separate schools for white and colored children, and keep the same open for at least eight months in each year. All children within said city, between the ages of six and eighteen years, whose parents or guardians are bona fide residents of said city, shall be entitled to the benefits of said schools under such regulations as the board of education may provide. Said board of education may also provide for the admission of children whose parents or guardians reside out of said city, upon the payment of such rates of tuition as the board in its discretion may provide. Said board may also provide for the admission of children who reside out of said city, and also for the admission of such students residing in said city not within school age, upon the payment of such rates of tuition as may be prescribed by said board; all of which sums so collected shall be covered into the public school fund of the city as hereinbefore prescribed. Separate schools for white and colored. Tuition. SEC. 9. Be it further enacted by the authority aforesaid, That the board of education of said city, wherever the same is in their discretion practical, is empowered and authorized to contract with school trustees or teachers of public or private schools outside of the city limits for the teaching of children living in the city limits upon such terms as they may deem proper and expedient. Other schools. SEC. 10. Be it further enacted by the authority aforesaid, That the city council of the city of Elberton be, and the same is, hereby authorized and empowered to levy and collect, as other taxes are collected, a special tax upon the taxable property of said city of not exceeding three tenths of one per centum in addition to all other taxes now authorized, to be known as the school tax, which shall be covered into the city treasury of said city and appropriated by the city council for school purposes only, as the need of the public schools may require. Tax for support of schools. SEC. 11. Be it further enacted by the authority aforesaid, That before the provisions of this Act shall become operative the city council of the city of Elberton shall order an election to be held in said city, as other elections are held, and returns thereof made to the city council, after advertising the same for thirty days, in which election all of the qualified voters of said city shall be entitled to vote. Those voting in said election shall have printed

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on their ballots the words For public schools or the words Against public schools. If two-thirds of the qualified voters of said city shall vote in said election For public schools, then the provisions of this Act shall become operative, and the city council shall so declare and spread their declaration upon their minutes. If public schools should fail to carry in said election, the same question may be resubmitted to the qualified voters of said city every six months thereafter upon the application of twenty-five freeholders of said city to the city council, which application shall be spread upon the minutes of the city council. Election. SEC. 12. 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, 1900. ELLIJAY, TOWN OF, CHARTER AMENDED. No. 50. An Act to amend the charter of the town of Ellijay so as to require the mayor and council to make semi-annual itemized reports of all moneys received by them as mayor and council, and all expenditures made by them as mayor and council, and to publish said report in the Ellijay newspapers semi-annually. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, that an Act to incorporate the town of Ellijay in the county of Gilmer, to grant election powers and privileges to the same, and for other purposes, approved August 16, 1883, shall be amended by adding thereto the following to be known as section 13, to wit: That from and after the passage of this Act the mayor and council of said town of Ellijay shall, the first week of January, 1901, and semi-annually thereafter, make itemized reports of all money received by them as mayor and council, and all expenditures made by them as mayor and council, and publish each report once as soon as it is made in the Ellijay newspaper. Ellijay, town of. Financial statements. SEC. 2. Be it further enacted, That all laws and part of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 6, 1900.

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IRON CITY, TOWN OF, INCORPORATED. No. 172. An Act to incorporate the town of Iron City, with the rights and privileges to authorize and empower the mayor and council of said town to establish a dispensary for the sale of spirituous, vinous and malt liquors, and to provide for regulations for said dispensary, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act the town of Iron City, Decatur county, Georgia, be, and the same is, hereby incorporated under the style and name of Iron City; that the municipal government of said town be vested in a mayor and four aldermen, who are to constitute a body corporate under the name and style of the town of Iron City, and by that name and style shall have perpetual succession and have a common seal, and be capable in equity and law for the use of Iron City, any real or personal estate of whatever kind or nature, and by the same name be capable to sue or be sued in any court of law or equity in this State, to sell or lease any estate, real or personal, the property of the said corporation, and to convey the same or any part thereof in any manner or way whatsoever. That the corporate limits of the town of Iron City shall extend one half mile in every direction from the depot in said town. Iron City incorporated. Corporate limits. SEC. 2. Be it further enacted, That I. Strickland be appointed mayor of said town, and J. L. Dickenson, E. S. Perry, Jno. Lane and W. D. Acker be appointed aldermen of said town, to hold their offices until the first election of mayor and alderman in said town on the first Tuesday in January, 1902, and until their successors are elected and qualified, the above named officers to enter upon the duties of their offices immediately after the passage of this petition; and that on the first Tuesday of January, 1902, and annually thereafter, election for one mayor and four aldermen shall be held, and they shall hold their offices for one year and until their successors are elected and qualified. All persons residing in the corporate limits thirty days preceding an election and who are duly qualified electors of said State, shall be deemed electors of said town. Said elections shall be held and conducted in the same manner as elections for county officers in this State, and a certificate of election managers to be sufficient

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authority to the persons elected to enter on the discharge of their duties of said mayor and aldermen. Mayor and aldermen. Election. SEC. 3. Be it further enacted, The said corporation to have and enjoy the rights and privileges of such corporations that do not conflict with the Constitution of this State and of the United States and the laws made in pursuance thereof, and said corporation by its mayor and aldermen shall have sufficient power and authority to enact all ordinances, by-laws, rules and regulations necessary for the good government of said town and securing the health of the inhabitants thereof. General powers. SEC. 4. Be it further enacted, That the said mayor and aldermen to have power and authority to elect such marshals, clerks, treasurers, managers of the dispensary and other subordinate officers as they may deem necessary for carrying into effect the powers herein asked for, who shall hold their offices for one year at the pleasure of said mayor and aldermen, to prescribe the fees and duties for such subordinate officers, and require such bonds for the faithful performance of their duty as they may deem necessary and proper. Officers. SEC. 5. Be it further enacted, That the mayor or the mayor pro tem. in his absence shall be ex officio justice of the peace and have full power and authority to issue warrants for any offense committed within the corporate limits of said town, and to have the power to compel the attendance of witnesses and to examine them under oath, to admit any offender to bail or commit him or her to jail for violations of the laws of said State, to commit him or her to jail for any violation of the ordinances of said town. Mayor, ex officio justice of the peace. SEC. 6. Be it further enacted, That said mayor and aldermen have power to levy and collect a tax not exceeding one tenth of one per centum upon all property, both real and personal, within the limits of said town; also have power to collect special taxes on all business, trade, professions, shows and exhibitions in said town. They to have power to abate all nuisances and to require all persons within said corporation subject to road duty under the laws of this State to work on the streets of said town, or they may prescribe a commutation tax, which may be paid in lieu of said work on said streets, and to have power to imprison any defaulter who fails or refuses to work on said streets when required in the guard-house in said town for not exceeding three days for each day he refuses to work. Taxes. SEC. 7. Be it further enacted, That the mayor of said town, in his absence, the mayor pro tem., who shall be elected by the aldermen from their number to represent the chief executive office of said town, he shall see that all ordinances, by-laws, rules and regulations

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and orders made by said mayor and aldermen are faithfully executed, he to have of the police of said town, and may appoint special police when he may deem it necessary, and it shall be his duty especially to see that the peace and good order of said town are preserved, and the personal property therein are protected, and to this end may cause the arrest and detention of all riotous and disorderly persons in said town, he to have the power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment of same, and in default of immediate payment of the same he may imprison the offender in the guard-house of said town not exceeding 30 days or work on the streets of said town not exceeding ten days. Mayor, powers and duties of. SEC. 8. Be it further enacted, That if at any time the office of mayor and aldermen shall become vacant by death, resignation or otherwise, the remaining members of the council may fill such vacancy by appointing any citizen of said town eligible to said office, who shall hold the same until the next annual election. Vacancies. SEC. 9. Be it further enacted, That the mayor and aldermen of the town of Iron City shall establish at some central place in said town of Iron City a dispensary for the sale of spirituous and vinous liquors; they shall from time to time elect a capable person to be known as the manager of the dispensary, who shall have charge and control of said dispensary under their supervision. Such manager shall be chosen for such term as the council shall deem best and shall be removable by them at any time for what they may deem sufficient cause. He shall be required to give bond in a sum to be fixed by council not to exceed $1,000.00 conditioned to faithfully account for all moneys that may come into his hands as such manager and for the faithful performance of his duties required of him by this Act and by the mayor and alderman in their regulations. He shall receive a salary to be fixed by said council, and his compensation shall not be dependent upon the account of sales. Dispensary SEC. 10. Be it further enacted, That the manager of the dispensary shall purchase and at all times keep under the supervision of the mayor and aldermen a stock of spirituous, vinous and malt liquors, tobocco and cigars in such quantities as the mayor and aldermen may direct. All bills incurred for the establishment and maintenance of the dispensary and purchase of the stock from time to time shall be paid by the treasurer of the town of Iron City upon the presentation of such bills approved in writing by the mayor and aldermen. Said manager shall sell only for cash and shall turn over all money received by him to the treasurer of

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the town of Iron City each day and take his receipt, and the said treasurer shall keep a special account of the same. Dispensary stock. SEC. 11. Be it further enacted, That the said mayor and aldermen shall make from time to time rules and regulations for the operation of said dispensary, the quantity to be sold to any one person to be determined by them, but in no event shall wine or liquors be sold in quantities less than one-half pint, and none shall be drunk in the building or on the premises where the dispensary is established. The dispensary shall not be opened before sunrise and shall be closed before sunset and it shall be closed on Sundays, public holidays, election days and such other days as the mayor and aldermen shall direct. The manager shall be bound by all laws of this State regulating the sale of liquors and all regulations of the mayor and aldermen not in conflict with the laws of the State. Dispensary, control of. SEC. 12. Be it further enacted, That the price at which spirituous, vinous and malt liquors shall be sold shall be fixed by the mayor and aldermen, and the manager shall sell to no person or persons any spirituous, vinous or malt liquors except in sealed packages, and he shall not keep any broken packages in said dispensary, and whenever any original package is broken it shall at once be bottled and sealed. Said manager shall make a monthly report to the mayor and aldermen, showing account sales of the preceding month and stock on hand on the last day of said month. Sales. Reports. SEC. 13. Be it further enacted, That the manager of the dispensary shall not allow any person or persons to loiter in or about the dispensary or the premises on which it is situated, and for a failure to comply with this section he shall be removed by the mayor and aldermen, and any person refusing to leave the dispensary or the premises upon which it is situated on notice to do so, shall be punished upon conviction in the mayor's court as shall be prescribed by the ordinances of said town. Loiterers. SEC. 14. Be it further enacted, That the mayor and aldermen of the town of Iron City shall from time to time pass such ordinances as shall be necessary to carry out the purposes of this Act, and shall provide special penalties for violations of the provisions of the same. Municipal powers. SEC. 15. Be it further enacted, The mayor and aldermen shall appropriate a sufficient sum from the treasury to establish the dispensary as provided for by this Act, which amount shall be repaid into the town treasury by the profits of the dispensary, and thereafter the dispensary shall be supported and maintained out of the profits arising from the sales of the dispensary; provided, that the mayor and aldermen shall be authorized to appropriate at any time

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such sums as may be necessary to keep the dispensary in operation. If for any reason there should be no money on hand derived from the profits of the dispensary, such amounts being always repaid to the town treasury out of the first profits thereafter realized from the dispensary, and said mayor and aldermen are hereby authorized and empowered to make appropriations hereby provided for out of any funds in the town treasury, and if necessary to levy and collect taxes for that purpose. Dispensary, appropriations for. SEC. 16. Be it further enacted, The money arising from the sales of the dispensary shall be appropriated first to the debts of the dispensary and whatever profits there may be thereafter shall be used in defraying the expenses of the city government, the opening up, repairing of the streets and sidewalks and the establishing and maintaining water-works and the lighting of the town and such other purposes as may be deemed by the mayor and council proper for the government and maintenance of the city government, and preserving the health of its citizens and supporting its public schools. Profits of dispensary, how applied. SEC. 17. Be it further enacted, That it shall be illegal for any person or persons to directly or indirectly sell or barter spirituous, vinous or malt liquors within the corporate limits of said town of Iron City other than is provided for at the dispensary established in said town, and it shall be special duty of the mayor and police of said town to arrest and prosecute all persons engaged illegally in the liquor traffic in said town. And the mayor and aldermen shall have no authority to license or permit any person or persons to sell any kind of spirituous liquors in said town other than is provided for in this Act. Liquor, sale of. SEC. 18. Be it further enacted, That all laws and parts of laws in conflict with this Act be repealed. Approved December 20, 1900. JESUP, TOWN OF, PUBLIC SCHOOLS. No. 45. An Act to amend an Act entitled an Act to establish a system of public schools in the town of Jesup, to provide for the maintenance and support of the same, and for other purposes, approved on December 12th, 1893, so as to authorize the levy and collection of a tax of one per centum instead of one half of one per centum, on the value of all taxable property within the corporate limits of said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia,

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That section one (1) of the above recited Act be, and the same is, hereby amended as follows, to wit: Jesup, town of. School tax. (1) By inserting in the third (3d) line, between the words to and collect, the words levy and. (2) By erasing from said third (3d) line, between the words collect and annually, the words a tax. (3) By inserting in the fourth (4th) line, between the words town and not, the words a tax upon all taxable property within the corporate limits of said town. (4) By erasing from the fifth (5th) line, between the words exceed and one, the words one half of. (5) By erasing from between the words centum on the fifth (5th) line and the word for on the sixth (6th) line, the words on the assessed value of the taxable property of said town, and inserting in lieu of said words erased the words of the value of said property; so that said section, when thus amended, will read as follows, to wit: Section 1. Be it enacted by the General Assembly of the State of Georgia, That the corporate authorities of the town of Jesup, Wayne county, are hereby authorized and empowered to levy and collect, annually, in addition to that already authorized by the charter of said town, a tax upon all taxable property within the corporate limits of said town, not to exceed one (1) per centum of the value of said property, for the purpose of establishing and maintaining a system of public schools in said town. School tax. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 6, 1900. KESTLER, TOWN OF, INCORPORATED. No. 36. An Act to incorporate the town of Kestler, on the Georgia Pine Railroad, in Early county, Georgia, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the same, That from the passage of this Act the town of Kestler, in the county of Early, shall be incorporated under the name and style of Kestler, by which name it shall sue and be sued, plead and be impleaded. Kestler, town of, incorporated. SEC. 2. Be it further enacted, That the corporate limits of said town shall extend three quarters of a mile from depot of Georgia Pine Railroad in every direction. Corporate limits.

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SEC. 3. Be it further enacted, That T. J. Lanier is hereby appointed mayor of said town, and W. H. Bullard, J. A. Lewis, J. A. George, W. T. Cheves and W. R. Cheves are hereby appointed councilmen of said town, to hold their offices until their successors are elected and qualified. Mayor and councilmen. SEC. 4. Be it further enacted, That an election shall be held the first Tuesday in January, 1901, and each succeeding first Tuesday in each year, for mayor and five councilmen, to serve one year or until their successors are elected and qualified, said election to be conducted in same manner as elections for members of General Assembly, and all persons living in the corporate limits of this town who shall be qualified to vote for members of the General Assembly shall be qualified to vote for mayor [Illegible Text] councilmen, and the person or persons receiving the highest number of votes for either of the above named offices shall be declared duly elected, and as soon as they take the oath of office shall enter upon the discharge of the duties of their respective offices, electing marshal, clerk, etc. Elections. SEC. 5. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have power and authority to cause to be worked all the streets, roads and alleys in said town by all persons residents therein subject to road duty under the laws of the State, and to fix a commutation tax to be paid by all such persons in lieu of road-working on said streets, alleys or roads. Said mayor and council have power to make any and all by-laws, rules and regulations or ordinances necessary for the government of said town which are not inconsistent with the laws and constitution of this State; to punish by fine and imprisonment, or both, in the discretion of the mayor or council; provided, the fine shall not exceed twenty dollars nor the imprisonment twenty days. They shall also have the power and the authority to fix the cost that shall be paid to the mayor, marshal and clerk for services when any person shall be convicted for violating any of the ordinances of said town provided. Streets, etc Offenses. SEC. 6. Be it further enacted, That such cost shall be taxed against the person or persons convicted of violating any ordinance or ordinances. Said mayor and council shall have power to levy and collect a tax on all property within the corporate limits of said town, not to exceed two tenths of one per cent., for the support of government of said town. Tax. SEC. 7. Be it further enacted, That the provisions of this Act shall not be so construed as to affect the local option law now in force, and any person convicted of a violation of the provisions of

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this section shall be subject to all the pain and penalties that the law authorizes and justifies to inflict. SEC. 8. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 6, 1900. LOUISVILLE, CITY OF, INCORPORATED. No. 148. An Act to consolidate, amend and supersede the several Acts incorporating the town of Louisville, Georgia, in the county of Jefferson, and the several Acts amendatory thereof; to change the corporate name; to provide for mayor and councilmen and define their powers and duties; to provide for the establishment and maintenance of a system of waterworks, sewerage and electric lights for said town; to confer additional powers upon the mayor and council of said town; to repeal conflicting laws, 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 town of Louisville in the county of Jefferson be, and the same is, hereby reincorporated under the name and style of the city of Louisville, Georgia, and the several Acts incorporating said town, as well as the Acts amendatory thereof, be so amended, suspended and changed as that the charter of the said city of Louisville, Georgia, shall be as follows: Louisville, city of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the municipal government of the city of Louisville, Georgia, shall consist of a mayor and five councilmen, who are hereby constituted a body corporate under the name and style of the city of Louisville, Georgia, and by that name and style shall have perpetual succession and existence, with full power to make such ordinances, by-laws and resolutions for municipal purposes as may be deemed proper, not in conflict with this charter nor the constitution and laws of this State or the United States, and with full power, in and by said corporate name, to sue and be sued, to contract and be contracted with, to plead and be impleaded in all the courts of this State, and in its corporate capacity shall have power to purchase and receive, enjoy, possess and hold, for the use and benefit of the city of Louisville, Georgia, any property, real or personal, of any kind whatever,

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for corporate purposes and uses, and to hold all such acquired property, as well as all property of every kind now belonging to the town of Louisville, Georgia, for the use and benefit of the said city of Louisville, Georgia. Mayor and councilmen. General powers. SEC. 3. Be it further enacted by the authority aforesaid, That all ordinances, resolutions, penal statutes, rules and regulations hereinbefore adopted by the authorities of the said town of Louisville, Georgia, and which are now of force, shall be and remain of force and in operation until the same are repealed, amended, and codified by the said mayor and councilmen; provided, the same are not in conflict with the provisions of this Act. Louisville, town of, ordinances etc., of. SEC. 4. Be it further enacted by the authority aforesaid, That an election shall be held at the court-house in the said city of Louisville on the first Saturday in January, 1901, and annually thereafter on the same date a mayor and five councilmen for said city of Louisville shall be elected. Said mayor and councilmen shall be elected to serve for one year, and until their successors are elected and qualified. The term of office of said mayor and councilmen shall begin on Friday immediately following their election on the first Saturday in January, 1901, and annually thereafter on the same date. Elections for mayor and councilmen. SEC. 5. Be it further enacted by the authority aforesaid, That all said elections shall be superintended and managed by a justice of the peace, or by a notary public and ex officio justice of the peace and two freeholders, or by three freeholders, all residents of said city, and before entering upon their duties as managers of said elections they shall take and subscribe the following oath: All and each of us do solemnly swear that we will faithfully, honestly and impartially conduct this day's election; that we will make a just and true return thereof; that we will not knowingly permit any one to vote in this day's election who is not qualified to do so according to the laws of this city nor prohibit any one from voting who is by law entitled to vote. Said oath shall be signed by each manager in the capacity in which he acts, and said oath shall be administered by some officer of Jefferson county who is qualified by law to administer oaths, or if such officer is not to be had, said managers may swear each other. Managers of elections Oath of. SEC. 6. Be it further enacted by the authority aforesaid, That the polls shall be open in said election from 8 o'clock a. m. to 5 o'clock p. m., sun time, and when they shall have closed the said managers shall count the ballots and certify the results They shall keep two lists of voters and two tally sheets, all [Illegible Text]

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which shall be under certificate, and one of which shall be sealed together with the ballots, and delivered to the clerk of the Superior Court of Jefferson county. The remaining list of voters and tally sheet, together with a certificate of the result of the election, duly certified, shall be delivered unsealed to the clerk of the city council, which said body shall declare the result of said, election. If no contest is filed all ballots shall be burned without inspection after the expiration of sixty days. Polls. Lists of voters. SEC. 7. Be it further enacted by the authority aforesaid, That all persons shall be eligible to vote in said city elections who shall have paid all taxes demanded by the city authorities, except taxes for the year in which such election is held, who shall have been bona fide residents of said city for six months previous to the day on which said election is held, and who shall have registered as qualified voters of thecity as herein after provided, and none other shall be eligible. Voters. SEC. 8. Be it further enacted by the authority aforesaid, That the clerk of the city council shall open a book for the registration of voters fifteen days before the day of election, which said book shall be absolutely closed five days before the election. Notice of the day of opening of said book of registration shall be given by posting notice thereof at the court-house door, and by advertisement in the local paper or papers. Each and every person applying to be registered shall make oath before the clerk of the City Council, who is hereby authorized to administer the same, which said oath shall be written or printed on said registration book as follows: I do swear that I am 21 years of age, or will be by the day of the next municipal election to be held in and for the said city of Louisville, Georgia. I will have resided in said city of Louisville, six months on the day of the next municipal election to be held in and for said city, and in the State of Georgia twelve months. I have paid all the taxes required of me, State, county and municipal, except for the year in which said municipal election shall be held in and for the city of Louisville, Georgia, and I am not otherwise disqualified to vote in said municipal election. Registration. SEC. 9. Be it further enacted by the authority aforesaid, That the clerk of the city council shall furnish said registration book to the election managers, together with an alphabetical list of the names of all the registered voters, at the opening of the polls, and the managers of said election shall be the judges, under this Act, of the qualification of all registered voters. List of registered voters for election managers. SEC. 10. Be it further enacted by the authority aforesaid, That if any person shall register on said registration books who

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is not qualified so to register, or if any person shall vote in any municipal election held in said city, who is not entitled under the law so to vote, he shall be guilty of a misdemeanor, and shall be punished upon conviction as precribed in section 1039 of the Criminal Code of Georgia of 1895. Illegal registration or voting, penalty. SEC. 11. Be it further enacted by the authority aforesaid, That at the election to be held in said city on the first Saturday in January, 1901, no registration shall be necessary as a condition precedent to voting in said election, but all other qualifications above described shall be necessary as a condition to voting in said election. In all further elections after said election, said registration shall be necessary. First election. SEC. 12. Be it further enacted by the authority aforesaid, That on Friday immediately following each annual election on the first Saturday in January, the said mayor and councilmen elect shall be installed in office by taking and subscribing the following oath, which shall be administered by some judicial officer of this State: I do solemnly swear that I will faithfully discharge the duties as mayor (or councilmen, as the case may be) of the city of Louisville, Georgia; that I will faithfully execute and enforce the laws of the 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 welfare thereof; so help me, God. Mayor and councilmen. Oath of. SEC. 13. Be it further enacted by the authority aforesaid, That whenever a vacancy shall occur in the office of mayor or of any one of the councilmen, either by death, resignation, removal without the corporate limits, or by conviction of a crime involving moral turpitude, the city council, or a majority of them, shall order an election to fill such vacancy, and the person or persons so elected shall hold their office until the next regular election. Vacancy. SEC. 14. Be it further enacted by the authority aforesaid, That the chief executive officer of said city of Louisville shall be the mayor, who shall be a citizen of the United States, a resident of the city of Louisville, Georgia, and a qualified elector, and shall hold his office for one year and until his successor is elected and qualified. All the councilmen of said city shall be citizens of the United States and qualified electors of said city and residents of the same, and shall hold their offices for one year and until their successors are elected and qualified. Mayor and councilmen, qualifications of. SEC. 15. Be it further enacted by the authority aforesaid, That the salary of the mayor of said city of Louisville, Georgia, shall be one hundred and fifty ($150) dollars per annum,

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to be paid out of the general funds of said city. Said councilmen shall serve without remuneration, except that they shall not be required to pay street tax in said city during their term of office. Mayor, salary of. SEC. 16. Be it further enacted by the authority aforesaid, That the corporate limits and boundaries of said city of Louisville, Georgia, shall extend one mile in every direction from the court-house door in said city, excepting that said limits shall not extend beyond Rocky Comfort creek on the Ogeechee river, and all the territory contained within the area so described shall be within the municipal limits of the city of Louisville, Georgia. Corporate limits. SEC. 17. Be it further enacted by the authority aforesaid, That any contiguous territory may be taken into the corporate limits of said city of Louisville, Georgia, when a majority of the freeholders of said contiguous territory shall petition the city council of Louisville to order an election for the purpose of ascertaining the will of the electors of said city as to the said extension, and a majority of the qualified electors shall vote in favor of said extension. Corporate limits, how extended. SEC. 18. Be it further enacted by the authority aforesaid, That the mayor shall preside at the meetings of the city council but shall not vote on any question except in the case of a tie. He shall be the supreme executive officer of the city government; shall provide for the proper execution and enforcement of all laws, ordinances and resolutions of the said city government; shall have general supervision of all the officers of the city in the performance of their duties as such; shall exercise within the city limits the power of a sheriff or constable to suppress disorder or to keep the peace, and shall have the power, whenever necessary, to organize a posse for the purpose of suppressing a riot, or disorderly assemblages of any kind, or to aid in enforcing the laws or ordinances of the city. He shall have the right to inspect the books, records and papers of any officer or agent of the city. He shall from time to time, and at the end of each official year, lay before the city council information relative to the affairs of the city, and shall recommend to the city council such measures as he may deem expedient. Mayor the executive officer of city. SEC. 19. Be it further enacted by the authority aforesaid, That the city council of said city shall, at the first meeting after their election and qualification, elect from among their number a mayor pro tem., who shall, in the absence or disqualification of the mayor be the presiding officer of said council, and shall in case of said absence or disqualification of the mayor, exercise all the powers and functions of the said mayor, and this

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charter clothes said mayor pro tem. with all the powers of the mayor of said city in the event of the absence or disqualification of the said mayor. Mayor pro tem. SEC. 20. Be it further enacted by the authority aforesaid, That at the first meeting of the city council of said city after their election and qualification, they shall elect from among their number a clerk and a treasurer, whose terms of office shall be one year and until their successors are elected and qualified. At said first meeting they shall also elect a chief of police, who must be a resident of said city and at least 21 years of age, and whose term of office shall also be one year. All of said elections shall be by ballot, and the vote of a majority of the city council shall be necessary to a choice. Clerk, treasurer and chief of police. SEC. 21. Be it further enacted by the authority aforesaid, That the mayor of said city shall have the power, and it shall be his duty to appoint such additional policemen as in his judgment may be necessary. He shall also appoint from among the members of the city council a superintendent of the streets and such other officers and committees as in his judgment may be necessary to the welfare of said city. Policemen. Other officers. SEC. 22. Be it further enacted by the authority aforesaid, That all officers elected by the city council or appointed by the mayor of said city of Louisville shall be under the jurisdiction of and amenable to the said city council, who shall have power to suspend, fine or remove such officers as said body may deem necessary and expedient. Officers, to whom amendable. SEC. 23. Be it further enacted by the authority aforesaid, That the salaries of all officers of said city, with the exception of that of mayor, shall be prescribed by ordinances, and shall be increased or diminished at the discretion of said council. Salaries. SEC. 24. Be it further enacted by the authority aforesaid, That all officers elected or appointed as aforesaid shall be required, before entering upon their duties, to take an oath that they will properly discharge their duties, and shall be required to give such bonds as said council shall fix by ordinance. Officers, oath and bond of. SEC. 25. Be it further enacted by the authority aforesaid, That the mayor shall be the presiding officer in the police court, 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 pro tem. or any member of council shall preside in his stead. Said court shall have the power to punish offenses against the penal ordinances of said city, by the imposition of a fine not to exceed two

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hundred dollars, or by imprisonment in the jail not to exceed sixty days, or by requiring the offender to work on the streets of said city for a period not to exceed sixty days, either or all in its discretion. Said court shall also have the power to bind over to the State courts any offenders who may be guilty of an offense against the State laws. In the trial of offenders against the penal laws of the city, the usual procedure shall obtain as in the State criminal courts, and the same general rules of evidence shall be adopted. In the discretion of the presiding officer of said city court an attorney may be employed to represent the city in the prosecution of offenders. If the defendant so demands, he shall be furnished with a written accusation, plainly stating the offense with which he is charged, and giving the list of witnesses to be used against him. Police court, jurisdiction of. SEC. 26. Be it further enacted by the authority aforesaid, That the mayor and council shall have the power and authority to contract debts and issue bonds of said city under and in accordance with the limitation provided by the general laws of the State, applicable to municipalities, and with the funds arising from the sale of such bonds may refund existing debts, establish and maintain a system of water-works, a system of electric lights or other lights, erect public buildings, or any other improvements, conveniences or necessities for the use of the citizens of said city, or for any other lawful purpose for the public good. Municipal bonds. SEC. 27. Be it further enacted by the authority aforesaid, That the city of Louisville, Georgia, shall have the power: 1st. To assess and collect a tax upon all property, both real and personal, within the limits of said 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 all theatrical exhibitions, circuses and shows of all kinds; on drays and hacks, hotels, boarding-houses, restaurants, fish stands, billiard, pool and all other kinds of tables, tenpen alleys, butcher shops, livery stables, soda fountains and all other dispensers of beverages of every sort, 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. 2d. To provide by ordinance for the return of all real and personal property for taxation, to double tax defaulters, to prescribe the time or times at which the same shall be due, and shall have the power to enforce the same by execution, and to provide by ordinance for the sale of property under said executions for the

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satisfaction of all municipal taxes. 3d. To levy and collect a street tax upon each male inhabitant of the city between the ages of sixteen and fifty years inclusive; provided, said tax shall not exceed three dollars per capita per annum, and to provide by ordinance for the collection of said tax by execution, or by compulsory work on the streets of the city. 4th. To define what shall constitute a nuisance in said city, and to abate the same in a summary manner at their discretion, to charge the expenses of abating the same to the persons responsible for said nuisance, and to enforce the collection of said expenses by execution. 5th. To revoke any license granted by them in their discretion, when it appears that the public health or comfort is endangered. 6th. To prescribe fire limits and material out of which buildings within said limits shall be constructed, to regulate and control blacksmith shops, forges, stove flues and chimneys, and to cause the same to be remedied or removed as the public safety may dictate. 7th. To provide by ordinance for the impounding of dogs, horses, mules, cows, calves or any other domestic animal, and to pass such ordinances as may be deemed necessary for the regulation of stock and other animals within said city. 8th. To lay off, vacate, close and open streets and alleys in said city, and to pave, repave and repair the pavements of said city at the expense of the owners of the adjoining real estate, and to enforce the payment of said expenses by execution against the property and owner of the said real estate, as provided by section 732 and following of the Code of Georgia of 1895. 9th. To grant franchises over the streets and alleys of said city, to railroad and electric light corporations, or to any other corporations, when said franchises will, in their discretion redound to the public good. 10th. To punish for vagrancy, and in case a jury is demanded, to bind over offenders to the State courts. 11th. To organize a street chain-gang, and to put at compulsory labor thereon, at the discretion of the police court, all those convicted of violating any of the ordinances of the city. 12th. To establish, own, use and operate a system of water-works and electric lights for said city, and to adopt rules and regulations regarding the use of the same by the public. 13th. To pass all ordinances, penal as well as otherwise, that may be deemed requisite and proper to the peace, security, welfare, health and convenience of the city, and to punish offenders for violations of the same. 14th. In addition to the powers already enumerated, the city shall have all additional powers usually and properly incident to municipal corporations, not in conflict with the Constitution of the United

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States or the State of Georgia, as may be necessary to promote the good government of the city and the general welfare of its citizens. 15th. The mayor and council of said city shall not have power to grant license to or in any way authorize or legalize the sale of spirituous or intoxicating liquors of any kind within the limits of said city, and it shall be their duty to provide, by a proper ordinance, for the punishment, by fine or imprisonment, or by fine and imprisonment, of any person guilty of such sale. Ad valorem tax. Specific taxes. Tax returns. Street tax. Nuisances. Fire limits. Impounding animals. Streets Franchises Vagrants. Waterworks and lights. Police powers. General powers. Liquor, sale of. SEC. 28. Neither the mayor, nor any member of the city council, nor any city officer, shall be interested, directly or indirectly, in any contract with the city, or receive any profit or emolument from any purchase or sale of any material or other article paid for out of the public revenues, or for which the city becomes responsible. Municipal contracts. SEC. 29. Be it further enacted by the authority aforesaid, That this Act shall not become operative until the same has been submitted to a vote of the qualified electors of the town of Louisville, Georgia, and shall have been ratified by a majority of those voting at said election. The chairman and board of commissioners of the town of Louisville, Georgia, shall, as soon after the passage of this Act as possible, call a special election for this purpose, which election shall be held as elections for members of the town council, under the present charter, are held. If a majority of those voting favor the adoption of this charter, the mayor shall issue his proclamation to that effect, and thereupon this Act shall become operative. Election. SEC. 30. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with the above and foregoing, be, and the same are, hereby repealed. Approved December 18, 1900.

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LUCRETIA, CITY OF, INCORPORATED. No. 174. An Act to incorporate the city of Lucretia in the county of Emanuel; to define the corporate limits of said city; to provide for the election of a mayor and alderman, for the government thereof; to confer upon the mayor and alderman authority to erect water-works, electric lights and a system of sewerage; to provide for public schools and schoolhouses in said city, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the city of Lucretia in the county of Emanuel be, and the same is, hereby incorporated as a city under the name of the city of Lucretia. The corporate powers of said city shall be vested in a mayor and five aldermen, and by the name of mayor and council of the city of Lucretia they may sue and be sued, plead and be impleaded, and exercise all the corporate powers that may be necessary in performing their duties. Lucretia, city of, incorporated. SEC. 2. Be it further enacted by the authority of the same, That the corporate limits of said city shall extend one mile in every direction from the crossing of A. G. S. L. R. R. with the Brewton and Pinora R. R. Corporate limits. SEC. 3 Be it further enacted by the authority aforesaid, That Henry L. Knight be, and he is, hereby appointed mayor, and G. W. Pullen, Marcus Hutchinson, F. A. Wilks, Rufus L. McLemore and John C. Herrington be, and they are, hereby appointed aldermen of said city of Lucretia, to hold their office until first annual election as hereinafter provided, or until their successors are elected and qualified. Mayor and aldermen. SEC. 4. Be it further enacted by the authority aforesaid, That on the 2d Saturday in December, 1901, and each year thereafter on the same day, an election shall be held in council chamber in said city for a mayor and five aldermen who shall hold their office for one year or until their successors are elected and qualified. But none shall vote or be eligible to hold the office of mayor or alderman thereof who is not qualified to vote for members of the General Assembly of this State and have not resided in the city for six months. Said election shall be held and conducted in the same manner as elections for officers in the State, and the certificate of the managers shall be sufficient authority to the persons elected to enter upon the discharge of the duties of the office to which they

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have been elected. 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 for mayor and aldermen. SEC. 5. Be it further enacted by the authority aforesaid, 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 laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge all the duties devolving on me as mayor or alderman as the case may be of the city of Lucretia, Emanuel county, according to the best of my ability and understanding; so help me, God. Oath of mayor and aldermen. SEC. 6. 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 city, and the protection of property from loss by fire or damage therein; provided, that they be not repugnant to the Constitution and by-laws of the State and the United States. General powers. SEC. 7. Be it further enacted, That the said mayor and aldermen shall have power to levy and collect a tax not exceeding one half of one per cent. upon all property, both real and personal, within the corporate limits of said city, and the same may be enforced by execution issued by the clerk in the name of the mayor, and by sale 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 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 city, or they may prescribe a commutation tax, which may be paid in liea of work upon the streets, and they shall have the power to lay out streets, build sidewalks and regulate the drainage and build and maintain a sewerage, so as to insure good sanitary conditions of said city. Tax on property. Commutation tax. SEC. 8. Be it further enacted, That the mayor of said city, 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 city; 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 city, and may appoint special police whenever he may deem it necessary, and it shall be his duty especially to see that the peace and good order of the city are preserved,

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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 city. 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 city, or by work on the streets of said city, not to exceed ninety days. Mayor pro tem. SEC. 9. Be it further enacted, That said mayor and council, at the first meeting after their qualification, shall elect a clerk, treasurer and marshal, who may be one of their own number or any citizen of said city. 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 duties as clerk, treasurer and marshal, as the case may be, to the best of their ability. Officers. SEC. 10. Be it further enacted, That the mayor, clerk, treasurer and marshal shall receive such annual salaries as the council may deem just and proper; the aldermen shall not receive any salaries but shall be exempt from street tax during the continuance of their official term. The mayor and council may employ the services of an attorney at law (who shall be known as city attorney for said city) for a term not exceeding five years at a time, and the mayor and council may contract to pay said city attorney out of the city treasury such sums as may be agreed upon thereon. Salaries. City attorney. SEC. 11. Be it further enacted, That said mayor and aldermen shall have power and authority to tax all shows, auctioneers, sleight of hand performances, gift enterprises, pool and billiard tables, wheels of fortune and other like enterprises, as they may deem most to the interest of said city. Specific taxes. SEC. 12. Be it further enacted, That the mayor and council shall have power to regulate and control the sale of fresh meat and fresh fish within the limits of said city, and to impose a tax upon any person dealing in the same. Markets. SEC. 13. Be it further enacted That said mayor and council shall have full and complete control of the streets, alleys, sidewalks and squares of said city; and shall have power and authority to open, lay out, widen, straighten, close or vacate, curb, pave and keep in good order and repair or otherwise change all streets, sidewalks, alleys and squares in said city. That said mayor and council are authorized to condemn property which may be needed for said purposes in the judgment of the mayor and council, the condemnation

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proceedings in all cases to conform to the laws of the State authorizing and regulating the condemnation of private properties for public uses. Streets. SEC. 14. Be it further enacted, That the mayor and council of Lucretia shall have full power and authority to establish and fix such a system of grading and draining of the streets of said city as may be deemed proper, and shall have power to compel owners and lessees of property to curb, pave and construct and keep in good repair the streets, sidewalks and open sewers in their front. If any owner or lessee shall fail to comply with the requirements of the mayor and council in this regard the work shall be done under the direction of the city, and execution shall issue for the cost and expenses thereof against such owners or lessees, to be collected as other executions issued by the clerk. Streets. SEC. 15. Be it further enacted, That the mayor and council of Lucretia shall have full power and authority to maintain and control a system of water-works and sanitary sewerage for said city, and to compel lot owners to connect with said sewers, and to pay for same and the use thereof, payments to be enforced as the mayor and council may by ordinance direct; and may purchase or condemn any property within or without the city that may be necessary for either of said public works. In case it shall become necessary to condemn any property under this section, or for any other public works, the proceedings shall be the same as in section 13 of this charter. Water-works. SEC. 16. Be it further enacted, That the mayor and council of Lucretia shall have power to fix and establish fire limits, and from time to time enlarge the same; to provide and maintain a fire department and a system of fire alarms, within which fire limits as established it shall not be lawful for any one to build, or cause to be built, other than fire-proof building, and in case of any offense against ordinance passed in the pursuance of this Act, the said mayor and council, after five days' notice given, shall cause the said non-fire-proof building to be removed at the expense of the builders or owners thereof, to be collected by executions as other executions issued by the city; and the said mayor and council shall have the right to determine what are not fire-proof buildings, and in case of any offense against ordinances passed in pursuance of this Act, the said mayor and council, after five days' notice given, shall cause the said non-fire-proof building to be removed at the expense of the builders or owners thereof, to be collected by execution as other executions issued by the city; and the said mayor and council shall have the right to determine what are not fire-proof buildings. Fire limits.

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SEC. 17. Be it further enacted, That the mayor and council of Lucretia shall have power and authority to establish and regulate markets, prescribe time for holding the same, to prevent annoyance or injury to the public or individuals from anything dangerous, offensive or unwholesome, to prevent dogs, hogs, cattle, sheep, horses, mules, goats and all other animals and fowls of all kinds from going at large in said city, or in any prescribed territory therein; to protect places of divine worship, to abate or cause to be abated anything which, in the opinion of the council, is a nuisance; to regulate the keeping and selling of gunpowder, kerosene and all other combustible or hazardous articles of merchandise; to guard against danger and damage by fire; to regulate the running and managing of steam engines and locomotives, whether for factories, furnances, cotton gins or railroads, within the corporate limits of said city, or for any and all sorts of vehicles, howsoever drawn or propelled, that may traverse or cross any street, avenues or alleys, lanes and roads; to guard against and prevent the fast driving and riding of any horses or bicycles on the streets of said city; to provide places for the burial of the dead and to regulate interments therein; to provide for the regular building of houses or other structures, the drains of lots by proper drains and ditches; to define the duties and prescribe the powers of all officers or agents appointed by them; to fix their salaries and term of office; to require and take from them such bonds as will protect the taxpayers of said city. Markets, etc. SEC. 18. Be it further enacted, That said mayor and council shall have the power and authority to light the streets of said city by means of gas, electricity or otherwise as they may see proper, and for this purpose they may have power to lay mains or pipes along the streets and highways in said city, and establish gas works or electric works or enter into any other means by which the furnishing of lights in said city may be accomplished. Lights. SEC. 19. Be it further enacted, That said mayor and council of Lucretia shall have authority to regulate, restrict or prohibit the sale of spirituous, malt, vinous or intoxicating liquors or bitters, rice beer, schnapps, champagne, cider, Jamaica ginger or any other drink under the guise of proprietary patent medicine, which may in any manner be drunk as a substitute for intoxicating liquors in said city, and may for any violation of the laws or ordinances of said city declare any license void and punish by fine and imprisonment. Liquors, sale of. SEC. 20. Be it further enacted, That the mayor and council of Lucretia shall have power and authority to borrow money and contract temporary loans to meet casual deficiencies subject to restrictions of the Constitution of the State of Georgia. May borrow money.

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SEC. 21. Be it further enacted, That the mayor and council of Lucretia shall have the power to pass such ordinances as they may deem best for the exemption from city or municipal taxation any manufacturer, person, company or corporation for a period of not longer than ten years. Manufacturers. SEC. 22. Be it further enacted, That the mayor and council of Lucretia shall have power and authority to license, regulate and control all taverns, hotels, cafs, restaurants, boarding-houses, livery stables, hacks, drays and other vehicles, vendue-masters, itinerant traders, theatrical performances, circuses and exhibitions of all kinds, itinerant lightning rod dealers, emigrant agents, clock and stove peddlers, book agents and all itinerant venders of whatever kind, keeper of shooting gallery, tenpin alleys or the keeper of any other table, stand or place for the performance of any other game or play, whether played with sticks, balls, rings or other contrivance, and the keeper of flying horses, skating-rinks, insurance agents, life and fire insurance companies, brokers, loan agents and agents for any other business and calling whatsoever, upon all other establishments, business or avocation. License tax. SEC. 23. Be it further enacted, That there shall be a court for the trial of all offenders against the laws and ordinances of said city to be held by the mayor, and in his absence or disqualification by the mayor pro tem. Said court shall have the power to preserve order and compel the attendance of witnesses, to furnish for contempt by imprisonment not exceeding five days or a fine not exceeding $25.00, one or both. That the mayor, or in his absence the mayor pro tem. shall, as often as may be necessary, hold a police court to be known as the mayor's court, for the trial of all offenders against the laws and ordinances of said city of Lucretia. Said mayor's court shall have full power and authority, upon conviction, to sentence such offenders to labor upon the streets or public works or be confined in the guard-house for a period not to exceed ninety days or to impose a fine not exceeding $100.00. Either or all of said penalties may be imposed in the discretion of the court. Mayor's court, jurisdiction. SEC. 24. Be it further enacted, That the mayor and each of the aldermen shall be bound to keep the peace and shall be ex officio justices of the peace so as to enable them to issue warrants for the violation of the criminal laws of the State committed within the city of Lucretia, and shall have full power on examination to commit offenders to jail or bail them, if the offense be bailable, to appear before the court having jurisdiction. Mayor and aldermen ex officio justices of the peace. SEC. 25. Be it further enacted, That the clerk shall be keeper of the records of the city, shall keep in a well bound book a correct account of all the acts and doings of the mayor and council,

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shall be the clerk of the mayor's court; he shall issue all processes, make up the tax digest and shall discharge all duties that may be required of him by the laws, ordinances, rules, resolutions and regulations of the mayor and council. That the treasurer shall be custodian of the funds of said city, and shall pay out the same only upon the order of the mayor and council. Clerk, duties of. SEC. 26. Be it further enacted, That for the purpose of raising revenue for the maintenance and support of the city government the mayor and council shall prescribe by ordinances for the assessment, levy and collection of an ad valorem tax on all real and personal property within the corporate limits of said city; to defray all ordinary annual expenses of the city government, a tax not to exceed one half of one per cent. per annum; to pay the principal and interest upon any bonded indebtedness which may hereafter be incurred and to support the public school system of said city and any other extraordinary expenses of said city government, such taxes as may be necessary in the discretion of said city authorities. Ad valorem tax. SEC. 27. Be it further enacted, That the city clerk shall open the tax books for receiving tax returns from all persons owning or claiming real estate and personal property of any and every kind, sort or description subject to taxation, and all business, special or license taxes, on the first day of April of each year, and keep the same open until the first day of June, in which returns of all property, both real and personal, of every kind and description, owned by the person, firm or corporation on the first day of April must be included. And should any person or firm or corporation begin a mercantile business in said city or any other business after the first day of April, then the mayor and council shall have power and authority, and it shall be their duty to collect an ad valorem tax from said person, firm or corporation for the year in which they or he began business. Said tax shall be due and collected at the time of beginning business. All tax returns must be made out on blanks prepared by the mayor and council, accurately describing all real estate, and every one returning taxes must answer under oath any and all questions, sign and swear to the returns before the city clerk, who is hereby authorized to administer and attest oaths, and should any person, firm or corporation make a false return they shall be subject to prosecution for false swearing. Said clerk shall turn over all tax returns to the tax revisers on or by the tenth day of June of each year. Tax returns. SEC. 28. Be it further enacted, That the mayor and council shall have power and authority to appoint three tax revisers, not members of their body, freeholders, residents of said city, whose duty it shall be to scrutinize carefully each return of property, real and

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personal, made by every taxpayer of said city, and if in their judgment they shall find the property embraced in the said return, or any portion thereof, returned below its value they shall assess its true value. And said tax revisers shall also assess the value of all property in said city not returned for taxation, and all property not returned as hereinbefore provided for shall be taxed 25 per cent. above the regular rate as a penalty for failing to return the same, which penalty shall not in any case be relieved or remitted. The tax revisers shall give notice in writing to every person whose property they have revised, and any one dissatisfied with the assessment of his or her property may enter an appeal in writing within fifteen days from the date of the notice given to the mayor and aldermen, whose decision in the matter shall be final and conclusive. That said revisers and said mayor and council shall have power and authority to [Illegible Text] witnesses for the city and for the complaining party and hear evidence as to the true value of said property. Mailing a notice to the person, or their agents, whose property has been raised, addressed to them at their last known post-office, shall be sufficient compliance with this section as to giving notice. Tax revisers. SEC. 29. Be it further enacted, That whenever the mayor and council deem it advisable they shall order an election to be held in said city of Lucretia on the question of issuing bonds of said city for the purpose of building suitable houses and providing furniture and apparatuses for a public school in said city, also the land for the same. That thirty days' notice of such an election shall be given in any public gazette having a general circulation in said city, and the same shall be held as elections for mayor and council of said city. That all persons entitled to vote for mayor and council of said city shall be entitled to vote in said election. That the ballots cast at such an election shall have thereon the words For bonds or Against bonds. The returns of said election shall be made to the mayor and council of said city, who shall, in the presence and together with the managers of such an election, consolidate and declare the result of the same. That if two thirds of the qualified voters of said city 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-five thousand dollars, of such denomination as said mayor and council shall determine; to be due and payable at any time in thirty years after date of issue, as may be determined by said mayor and council, and said bonds shall bear interest not to exceed.06 per cent. per annum, which shall be paid annually. Said bonds shall be signed by the mayor and counter-signed

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by the clerk of said city council, and shall be negotiated in such a way and manner as may be deemed by the mayor and council to be for the best interest of said city of Lucretia. Election for school bonds. SEC. 30. Be it further enacted, That the money arising from the sale of such bonds shall be placed in some solvent bank to be used by the board of school commissioners or school trustees, as the case may be, of said city in buying suitable lands, erecting school buildings, and for providing furniture and apparatuses for the same; and after having completed and furnished the buildings the balance, if any, shall be used with which to pay teachers; that the tuition of all white children of school age residing within two miles of said school may receive the benefit thereof, to the end that tuition shall be free as nearly as practicable. School fund. Tuition. SEC. 31. Be it further enacted, There shall be annually levied and collected a sufficient tax on the taxable property of said city to pay the interest on said bonds as the same shall become due, and also to provide for the redemption of said bonds when the principal becomes due. School tax. SEC. 32. Be it further enacted, That the mayor and council of said city may divide the city into five election wards, each ward to be represented by one councilman. Wards. SEC. 33. Be it further enacted, That the mayor and council of the city of Lucretia are authorized to make such by-laws and enact such ordinances in the government of said city not in conflict with this Act nor with the laws of Georgia or the United States. General powers. SEC. 34. Be it further enacted, That the mayor and council of said city of Lucretia may, in their discretion, prescribe a limit within the corporate limits of said city outside of which they may not recognize property, real or personal, to be subject to city taxes nor work the streets therein or patrol or marshal the same. Tax limits. SEC. 35. Be it further enacted, That the mayor and council of the city of Lucretia are expressly authorized to pass an ordinance 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 violating the same. Liquors. SEC. 36. Be it further enacted, That the marshal of said city may arrest without a warrant any person he may see violating the ordinances of said city, or any one so reported to him and bring the offender before the mayor for trial, and may summon any citizen or citizens of said city to assist him in making any such an arrest. When brought before the mayor the written or printed accusation shall be preferred against the offender in manner and form as follows: State of Georgia, city of Lucretia. I

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, 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 Lucretia on the day of , contrary to the laws of said city, the peace, good order and dignity thereof. This day of (and it 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 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 the marshal, and if the accused fails to appear at the time fixed for the trial, from time to time until the final disposition of the case, then the bond may be forefeited by the council, and execution issued thereon by the clerk by first 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 set up to said rule, the same shall be heard by the mayor with the right of certiorari to the Superior Court of the county of Emanuel. Marshal, prosecuting officer. SEC. 37. Be it further enacted, That it shall be the duty of the mayor and council to employ the services of a competent surveyor to measure the corporate limits of said city, the same to be in circle one mile in every direction from the crossing of the Brewton and Pinora railroad with the Atlantic and Gulf short line railroad, plainly marking and establishing the corporate lines by blazing trees, by driving lightwood stakes and erecting stone posts. Sign-boards shall be erected on said corporate limits wherever a street, road, lane or any path may cross the same, and the words city limits shall be plainly printed on all such sign-boards in letters not less than one inch in length. Corporate limits. SEC. 38. Be it further enacted, That whenever the mayor and council deem it necessary to facilitate the administration of the city government they may appoint a commission composed of three persons, to be known as the water and light commission; said commission to hold their office until the next election for mayor and aldermen, when said offices shall be filled by election in the same manner, at the same time as mayor and aldermen. Said commissioners shall have the administration and control of the waterworks and light plants of said city. They shall have the same authority and subject to the same penalties as others acting in such capacity, and controlled by the same laws as usually govern in such matters, and the mayor and council are hereby empowered to promulgate such by-laws as may be deemed meet and proper to govern said commission. Water and light commission.

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SEC. 39. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 20, 1900. LUMBER CITY, TOWN OF, PUBLIC SCHOOLS. No. 58. An Act to authorize the establishment of a system of public schools in the town of Lumber City; 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 Lumber City, Georgia, are hereby authorized to levy and collect a tax annually, in addition to that now allowed by law, not to exceed one per cent. of 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. Lumber City, town of School tax. SEC. II. Be it further enacted by the authority aforesaid, That before this Act shall have become operative, its adoption shall be submitted to the qualified voters of said town, for which purpose the mayor and council shall order an election, of which ten days notice shall be given by posting in three conspicuous places in said town, which shall be held under the same rules and regulations as elections of justices of the peace, 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 ballot the 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 qualified voters in said town shall cast their ballots in said election 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 may order other elections once every twelve months until public schools are adopted. Election for public schools. SEC. III. Be it further enacted by the authority aforesaid, That in determining the question as to the number of qualified voters in said town, the mayor and council of said town shall be governed by a certified copy of the registered voters of the district in which

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said town is located, which was furnished by the county board of registrars for said district, which certified copy shall be furnished said mayor and council by the clerk of the Superior Court of Telfair county, and only those names appearing on said list and residing in said town shall be allowed to vote in said election. Voters. SEC. IV. Be it further enacted by the authority aforesaid, That Matt Cook, D. P. McArthur, E. K. Wilcox, John L. Day and J. B. Reynolds shall be and constitute the board of education of Lumber City. The term of the first named shall expire on June the 1st, 1901, and the others annually thereafter in the order of names above, and their successors shall be elected by the remaining members of said board and at the first meeting of said board after the expiration of the term of any member, and the term of office shall be for six years. In case of vacancies otherwise than by expiration of term of office said board shall elect a member to fill said vacancy at the next meeting of said board after said vacancy occurs, or so soon thereafter in either event as is practicable. Board of education. Terms of office. Vacancies. SEC. V. Be it further enacted, That said board shall organize immediately upon the passage of this Act by electing a president and vice-president from their own number. The superintendent, who shall be elected by said board, shall act as secretary for said board, but shall receive no extra compensation therefor. No member of the board shall receive compensation for his services. President. Superintendent. SEC. VI. 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 provide schoolhouses by rent, building, purchase or otherwise; to make and hold title to such property; 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; to provide for the granting of certificates and diplomas, by said board of education and the faculties of said schools to such pupils as sufficiently acquire the course of study prescribed by said board, under such rules and regulations as they may prescribe, and to do any and all things promotive of the best educational interest of said town, not in conflict with the provisions of this Act or the laws of this State. Public schools, government of. SEC. VII. Be it further enacted, That there shall be established and maintained for at least ten (10) 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 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 the benefits of the public

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school fund 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 fees 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. Separate schools for white and colored children. Non-residents. SEC. VIII. Be it further enacted by the authority aforesaid, That it shall be the duty of the mayor and council to have, prepare and furnish the State School Commissioner, immediately upon the passage of this Act and annually thereafter by the first day of December in 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 the town treasurer such proportion of said educational fund as said pupils are entitled to under the rules of distribution prescribed by law, including their proportion for the year 1901. State school fund SEC. IX. Be it further enacted, That as early as practicable after the ratification of this Act, and by the 15th 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 the said mayor and council shall be required to levy and collect the same; provided, said amount does not exceed one per cent. of the taxable property of said town, and in the same manner that other taxes of said town are levied and collected without additional expense therefor. Said taxes 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 tuition fees as may be collected and any other fund that may be placed in his hand 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. X. Be it further enacted, That after the ratification of this Act neither the board of education nor the county school commissioner of Telfair county shall grant any license to, or contract with any person to teach a school of any character 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 or said county school commissioner to establish or maintain any school or schools within two miles of the corporate limits or boundaries of said town. Other schools.

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SEC. XI. Be it further enacted by the authority aforesaid, That the mayor and council of said town of Lumber City shall have power and authority to issue bonds of said town not to exceed in amount the sum of $10,000, or as much thereof as may be necessary. Said bonds may be issued of such denominations, and with such rate of interest, not exceeding 8 per cent. per annum, as said mayor and council may determine upon. They shall run for a term not exceeding twenty years, and said mayor and council may provide for the maturing of said bonds at any time during twenty years. Said bonds when issued shall be sold and their proceeds turned over to the board of education of Lumber City, 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. XII. 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 educatin, 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 Telfair county. Said election shall be governed by the rules and regulations governing elections for justices of the peace, 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 of said town to issue them at once, and the mayor and council shall prescribe the manner of ascertaining the number of qualified voters residing in said town when said election is ordered. Election for school bonds. SEC. XIII. 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 fund so raised be used for any other purpose. Tax to pay bonds. SEC. XIV. Be it further enacted, That in any 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 liquidation of said bonds. Sale of school property.

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SEC. XV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 10, 1900. MACON, CITY OF, CHARTER AMENDED. No. 32. An Act to amend the charter of the city of Macon, and for other purposes. SECTION I. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, That there shall be a building inspector for the city of Macon. The mayor and council shall have authority to elect such inspector as other city officials are elected, or shall designate some proper person or city officer who shall, in addition to his other duties, perform all the other duties and have all the authority of the building inspector. Said building inspector shall be a practical workman at one of the building trades. Macon, city of, building inspector for. SEC. II. Be it further enacted by the authority aforesaid, That the building inspector, or such person as shall be designated as such by the mayor and council, shall keep a record in a book provided for the purpose of all buildings erected in the city of Macon; shall issue permits for the building of the same, inspect all buildings, fences or walls in the city, and shall make a monthly report to the mayor and council. It shall be his duty to cause all buildings, walls and fences to be erected in accordance with the laws of the city, and shall make an inspection of any house, building, wall or fence, whether in course of construction or not, whenever required by the mayor and council or the mayor, and report immediately upon the same. Building inspector, duties of. SEC. III. Whenever the building inspector, after examination, shall determine that any buildings, walls or fences constructed or in the course of construction are dangerous, he shall have the authority to compel such structures torn down or removed, and the defects remedied; and the owner shall cause the orders of the inspector to be immediately carried out. In the event of the failure of the owner, or his agent, to carry out the orders of the inspector, the inspector shall have authority to do the work necessary with whatever force provided by the mayor and council of the city of Macon at the expense of the owner of the property. The expense

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thereof shall be collected by execution, to be issued by the treasurer of the city, and shall be a lien upon the property of the owner and shall be collected in the same manner as tax executions. Dangerous buildings. SEC. IV. The mayor and council shall have full power to pass all necessary ordinances regulating buildings, fences and works and prescribing the duties and compensation of the building inspector. Regulations. SEC. V. Be it further enacted by the authority aforesaid, That the mayor and council shall have the authority to call an election for the purpose of securing the assent of the qualified voters of the city of Macon for the issuing of bonds in the amount of one hundred thousand dollars, or less, as may be determined by the mayor and council of the city of Macon, for the purpose of paying for the new bridge erected over the Ocmulgee river at Fifth street, and for the purpose of paying the floating indebtedness of said city. The balance remaining from the sale of said bonds to be applied to the paving, draining and sewering of the city of Macon, and for no other purpose. Election for bonds. SEC. VI. Be it further enacted by the authority aforesaid, That the date of maturity, the manner of payment, the rate of interest, the denomination of said bonds and the sinking-fund for the eventual payment of said bonds and the time of holding such election shall be provided by an ordinance of the mayor and council of the city of Macon; and full authority is hereby given to the mayor and council of the city of Macon to appropriate any portion of the one and one quarter per cent. ad valorem tax on real and personal property in said city annually levied under the charter of said city remaining after deducting the three fourths of one per cent. ad valorem tax previously appropriated by law, and also any other income of said mayor and council not otherwise appropriated by law, which, in their discretion, may be necessary to provide for the annual interest and sinking-fund for the payment of one hundred thousand dollars of bonds. Tax to pay bonds. SEC. VII. Be it further enacted by the authority aforesaid, That so much of section 2 of an Act amending the charter of the city of Macon, approved December 13, 1894, which prescribes that the clerk of the city council of Macon shall be ex officio clerk of the board of commissioners of public works, as follows: The clerk of council shall be ex officio clerk thereof. His compensation for such service shall be fixed by the board not to exceed three hundred dollars per annum be, and the same is, hereby repealed. Clerk. SEC. VIII. Be it further enacted, That all the power and authority given to the board of public works by the Act of 1893, and the Acts amendatory thereto, is hereby conferred upon and shall be

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exercised by the mayor and council of the city of Macon after the passage of this Act. Board of public works. SEC. IX. Be it further enacted, That there shall be one commissioner of public works for the city of Macon, who shall be a bona fide freeholder of the city of Macon. He shall be immediately elected by the council, in which election the mayor shall be entitled to vote, and shall hold office for the term of two years, or until his successor is elected and qualified. Said commissioner shall be eligible to succeed himself and his salary shall be fixed by the mayor and council. Commissioner of public works. SEC. X. Be it further enacted, That section 37 of an Act entitled an Act to create a new charter for the city of Macon; to consolidate the Act relating to the rights and powers of said corporation, and for other purposes, approved November 21, 1893, be, and the same is, hereby repealed, and said section 37 as repealed is as follows: Be it further enacted, That there shall be a board of commissioners of public works to consist of three members, one of whom shall be chairman, and all shall be bona fide freeholders of the city, not holding any other city office. They shall be elected by the council, in which election the mayor shall be entitled to vote, and shall hold office for three years, or until their successors are elected and qualified. The duties of this board, however, shall be performed in the first instance, by the following persons for the terms prescribed: Joseph Dannenberg, chairman, for three years; Nisbet Hazlehurst for two years; Virgil Powers for one year. They shall be ineligible for any other city office during the term for which they are elected and for three years after the expiration thereof. They shall be ineligible to succeed themselves until three years after the expiration of their term of office. The term of office of each of said commissioners of public works, elected after the expiration of the terms of the first commissioners hereinbefore named, shall be three years. All vacancies in this board shall be filled by the council as in the first instance. This commission shall have power to order the construction, improvement and maintenance of all public works, including sewerage, the care and improvement of the public parks, the public buildings, the streets and bridges, and to employ all agents and servants for carrying on the work of the departments, except the city engineer. They shall also have power to remove or discharge all such agents or employees, and make all rules and regulations for the government of the same; also, to buy all material and make and let out contracts for work. All expenditures in this department shall be from money appropriated by the mayor and council, and the mayor and council shall, by resolution or ordinance, approve all new work before it is undertaken, and all bills for

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expenditures in this department shall be passed and approved by the mayor and council before they are paid by the treasurer. The chairman of this board shall receive a salary of five hundred dollars per annum, and the other two members each a salary of two hundred and fifty dollar per annum. This board shall also have control of all matters connected with the water supply and the lighting of the city, in case the city should ever become the proprietor of a plant of its own for these purposes. The board shall keep a record of its proceedings, and shall be entitled to a clerk to be selected by said board, whose term of office shall be three years and whose salary shall be one thousand per annum. Each member shall take an oath of office similar to that prescribed for the police commissioner, varied to suit the office, and the said oath shall be entered and filed as in said case. After the expiration of the term of the chairman of the several commissioners hereinbefore named, it shall be the duty of the mayor and council to designate the chairman and prescribe the time for which he shall so act. Board of commissioners. SEC. XI. Be it further enacted, That the mayor and council shall prescribe by ordinance the duties of the commissioner of public works. SEC. XII. Be it further enacted, That the Act of the legislature amending the charter of the city of Macon, approved December 11, 1896, be, and the same is, amended by inserting between the eighth and ninth sections of said Act the following words: `That from and after the passage of this Act, when any streets of the city of Macon shall have been paved by the mayor and council of the city of Macon, and the assessments made for the cost of the same as is now prescribed by law, within thirty days after such assessment has been made, the owner of any property abutting upon such streets so improved shall be furnished upon application to the city treasurer with the amount assessed against his or her property for the cost of grading, draining and paving said street, and said property owner shall then and there have the opportunity within thirty days after said assessment has been made to pay the entire cost of said improvement, or shall, in writing, avail himself of the right to pay said assessment in deferred payments as hereinafter provided. Assessments for street improvements. SEC. XII. Be it further enacted, That whoever shall desire to exercise the privilege of deferred payments as hereinafter provided shall, within said thirty days after said final assessment, enter into an agreement that in consideration of such privilege he will make no objection to any illegality or irregularity with regard to the assessment against his property and will pay the same as required

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by law with the specified interest. Such agreement shall be filed in the office of the city treasurer, and in all cases where such agreement has not be signed and filed within the time limited, the entire assessment shall be payable in cash, without interest, within said thirty days. After said thirty days shall have expired, such assessment shall bear interest at the rate of four per cent. per annum from the date of the final estimate. Persons signing and filing the agreement within the time limited, and entitled to deferred payments, may, nevertheless, at any time after the expiration of the first year pay up their assessment and stop interest thereon and be relieved of the lien on the same, on condition that at the time they pay up all accrued interest and also interest up to the time the next installment of interest is payable. Payment of assessments. SEC. XIII. Be it further enacted, That at the expiration of said thirty days the city treasurer shall issue an execution for the full amount of such assessment against the person and property improved, of all such persons who shall have failed to sign said agreement hereinafter provided, within thirty days, which shall be a special lien upon said property, inferior only to the lien for State and city taxes, which said execution the marshal shall immediately levy upon the property so improved, and after due and legal advertisement expose the same at public outcry to the highest bidder. The property holder shall have the right to contest the validity of any execution or the correctness of the amount of said assessment as provided in Act of December 11, 1896, and in said counter-affidavit, said property owner shall have the right to raise any constitutional question, and the question as to whether or not the improvement upon said street has enhanced the value of his property to the amount of said assessment, which said counter-affidavit or affidavit of illegality shall be returned to the Superior Court of Bibb county, to be there tried as in other cases of illegality; provided, however, that the mayor and council shall have the authority, after said counter-affidavit is filed, to still extend to the property holder the right of the deferred payment lien hereinafter provided, at any time before the final judgment upon said affidavit of illegality. Execution for assessments. Affidavit of illegality. SEC. XIV. Be it further enacted, That whenever any property holder shall, within the time prescribed by this Act, express a desire to pay the cost of said assessment in deferred payments, instead of in cash, and shall have signed said agreement, as hereinbefore prescribed, then the mayor and city treasurer shall issue in lieu of the execution now provided by law against said property an execution which shall be known as the deferred pavement lien.

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Such execution shall be issued for each separate lot or parcel of ground, but where several lots or parcels of ground on the same street are owned by one person, one execution or deferred pavement lien may issue for the entire assessment of such property. Such executions shall bear interest at the rate of four per cent. per annum, and shall have coupons attached representing such installments of interest or of principal and interest as the same falls due. Said executions shall be payable in installments as follows: five per cent. of the principal, together with all of accrued interest from the date of the issuing of said paving assessment on the first Monday in April next succeeding the making of such assessment, except where such assessment has been made between March 15 and October 1 of any year. In which case, such first installment shall be payable on the first Monday in November next succeeding such assessment. The next payment of said execution shall be six months' interest on the entire principal, payable at the end of six months from date, upon which the first installment upon said execution fell due. The next payment upon execution shall be five per cent. of the original principal and six months' interest on the unpaid principal, payable on the days above mentioned, as the case may be, accruing one year after the first installment was payable, and so on thereafter. Five per cent. of the original principal with six months' interest on the unpaid principal once each year, and six months' interest on the unpaid principal in alternate terms with the annual payment of principal and interest until the entire principal and interest shall have been paid. Whenever any person shall have paid said execution, said execution shall be marked canceled, and shall have no longer any lien upon the property. Deferred payments. SEC. XV. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Macon shall have full authority to use said executions in the payment of cost of doing said paving, and in the event that the mayor and council of the city of Macon shall have paid the contractor the cost of doing said work, they shall then have the authority to sell said deferred pavement liens or executions. Such execution or lien, when issued, shall transfer to the owner thereof all right, title, interest in and to the assessment and the liens upon the respective lots and parcels of ground herein provided for, with full power to enforce the collection thereon by a levy and sale of the property. Whenever any property holder or property shall fail to pay any installment of principal or interest, as provided in said execution, or the coupons attached thereto, at the date that the same shall be payable, then the entire amount of said execution shall immediately become

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due and payable, and the marshal of the city of Macon shall proceed to levy, advertise and sell such lot in the manner provided by law. Transfer of pavement executions. SEC. XVI. Be it further enacted, That it shall be the duty of the city treasurer to keep upon a book prepared for that purpose a record of all moneys received by him upon such executions or liens; and it shall be his duty to pay to the person presenting any coupons the money properly payable upon the coupon; and when any person shall avail himself of the privilege of payment in full or prepayment, to pay the same upon any of said executions or coupons upon which the same is properly applicable; provided, that at no time shall the city treasurer use for the payment of principal or interest installments any money other than that collected and paid into the city treasury by property holders for the payment of the assessed cost of paving the streets in front of their property. Payments by city treasurer. SEC. XVII. Be it further enacted, That section 13 of an Act creating a new charter for the city of Macon, approved November 21, 1893, be amended by striking from the third line of said section the word November and inserting in lieu thereof the word October, so that said section, when so amended, shall read as follows: Be it further enacted, That the books for registration shall be kept open on each Monday, Wednesday and Saturday in the month of October of each and every year from 7 o'clock a. m. to 8 o'clock p. m. The registry lists shall be consolidated during the week following the last day of registration and shall be immediately thereafter turned over to the clerk of council. Registration. SEC. XVIII. Be it further enacted, That it shall be the duty of the mayor and council of the city of Macon, upon the recommendation of the board of health of the city of Macon, to designate some fit and proper person as milk inspector of the city of Macon, whose duty it shall be to enforce the regulation and ordinances of the board of health and the mayor and council of the city of Macon, touching the inspection and the sale of milk and cream in the city of Macon. Such inspector shall have full power as an officer of the board of health to examine all cows, dairies or stables, whether in the city of Macon or not, and condemn the milk sold from the same; and any person offering for sale any milk or cream in the city of Macon contrary to the ordinances of the board of health of the city, shall be arraigned before the recorder and be punished as prescribed in the Act creating the recorder's court, and any milk or cream condemned by the inspector shall at once be destroyed. The mayor and council shall charge such fee for the sale and inspection of milk as will pay the salary of such inspector

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at the expense of inspection. The salary of said inspector and his term of office shall be prescribed by the mayor and council. Milk inspector. SEC. XIX. Be it further enacted, That the mayor and council. of the city of Macon shall have full power and authority to purchase the present water-works system with all its appurtenance from the present owners thereof. Before such purchase shall be effective the mayor and council of the city of Macon and the owners of said water-works shall enter into a contract in writing, and said contract shall prescribe that the deferred payments of the purchase-money of said water-works shall be paid only out of the earnings of said water-works and from unappropriated moneys that may be in the treasury of the city of Macon, so that the purchase of said water-works shall not create any lien or indebtedness of the city of Macon except upon the property purchased. Whenever said contract in writing shall have been agreed upon the question of the purchase of said water-works shall be submitted to the qualified voters of the city of Macon at an election held for the purpose, at which said election the registered voters of said city of Macon shall be allowed to vote, and for which election the mayor and council shall have authority to require a special registration if in their opinion it is advisable. All persons in favor of said purchase shall have upon their ballots plainly printed the words For the purchase, and those opposed to the purchase shall have printed the words Against the purchase. In the notice calling said election said proposed contract shall be published for four weeks in one of the daily newspapers. The election shall be held in the manner now prescribed by law, and should two thirds of the persons voting at such election give their assent to the purchase of said water-works, the mayor and council shall perfect said contract and purchase the water-works. Water-works. Election for purchase of water-works. SEC. XX. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved December 4, 1900.

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MACON, CITY OF, CHARTER AMENDED. No. 62. An Act to amend the charter of the city of Macon, by providing for incorporation into and as a part of said city the various suburbs occupying territory contiguous to the corporate limits of said city of Macon, and for all other purposes relating 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 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 for other purposes, approved November 21, 1893, be, and the same is, hereby amended, so as to provide that territory contiguous to the corporate limits of the city of Macon may be incorporated into and as a part of said city by the consent of the mayor and council of said city of Macon and a majority of the persons residing in said territory sought to be so incorporated, qualified by law to vote for members of the General Assembly of this State, and who have duly registered, qualified and voted as hereinafter provided. Macon city of, corporate limits, how extended. SEC. II. Be it further enacted by the authority aforesaid, That said Act be, and the same is, hereby further amended so as to provide that it shall be lawful for as many as fifty (50) qualified voters residing in any of the territory which is sought to be incorporated, contiguous to the corporate limits of said city of Macon, to petition the mayor and council of said city for incorporation of said territory into and as a part of said city, which petition shall particularly describe the metes and bounds of the territory sought to be incorporated, and shall be signed by said petitioners and filed with said mayor and council, and thereupon, if the said mayor and council shall approve the same, said approval by resolution shall be filed with the clerk of Bibb Superior Court, and thereupon the judge of said court shall order an election by the persons residing within said territory sought to be incorporated, qualified to vote as aforesaid and who have duly registered and qualified as hereinafter provided. Petition for extension of corporate limits. SEC. III. Be it further enacted by the authority aforesaid. That said Act be, and the same is, hereby further amended so as to provide that all persons qualified to vote for members of the General Assembly of this State in the county of Bibb, and who are and have been, for thirty days immediately preceding said election bona fide

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residents of said territory sought to be incorporated as aforesaid, and who have duly registered as hereinafter provided, shall be qualified to vote at the election ordered as aforesaid. Voters. SEC. IV. Be it further enacted by the authority aforesaid, That said Act be, and the same is, hereby further amended, so as to provide that it shall be the duty of the judge when an election is ordered as aforesaid, to fix the time when said election shall be held, and to designate within said territory sought to be incorporated such number of voting places as the size of said territory sought to be incorporated and the convenience of the persons residing therein may seem to require. Voting places. SEC. V. Be it further enacted by the authority aforesaid, That said Act be, and the same is, hereby further amended so as to provide that it shall be the duty of the judge, when an election is ordered as aforesaid, to appoint three freeholders for each voting place from said territory sought to be incorporated, who shall be qualified to vote at said election, to manage said election. Said managers' duties shall be the same, and they shall take the same oath as those duties prescribed and oath required by said Act for managers holding elections for the said city of Macon. The polls at said election shall be kept open the same length of time as is now prescribed for keeping open the polls in all the elections of said city. Election managers. SEC. VI. Be it further enacted by the authority aforesaid, That said Act be, and the same, is, hereby further amended so as to provide that if any person offering to vote at said election ordered and held as aforesaid is challenged, he shall take the same oath as is now prescribed in section 7 of said Act, except that part of said oath which reads as follows, to wit: and in the city of Macon three months next preceding said election, but shall swear in lieu thereof, and in addition to the balance of said oath, I am bona fide resident of the territory sought to be incorporated, and have been for thirty days next preceding said election. Oath of voters. SEC. VII. Be it further enacted by the authority aforesaid, That said Act be, and the same is, hereby further amended, so as to provide that when an election is ordered as aforesaid it shall be the duty of the two registrars to be appointed by said judge to act as registrars for said election, and they shall open books at the court-house for the signatures of persons residing in the territory sought to be incorporated as aforesaid. Said books for registration shall be kept open for at least seven days, exclusive of Sundays, before the date fixed for said election, from 7 o'clock a. m. to 8 o'clock p. m. It shall be the duty of the judge to fix the days on which said books for registration shall be kept open. The registration lists shall be consolidated within three days after the last day of registration

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and immediately turned over to the clerk of the Superior Court. In making up the registry of the voters the said registrars shall enter thereon the name and age of the applicant. The names of white and colored voters shall be kept separate. Certificates of registration shall be furnished on application at the time of registration. Registration of voters. SEC. VIII. Be it further enacted by the authority aforesaid, That said Act be, and the same is, hereby further amended so as to provide that the qualifications necessary for registration as aforesaid shall be the same as the qualifications prescribed in section 14 of said Act, with the following exceptions, to wit: That the qualification in sub-section 1 of said section 14 as follows: and in the city three months, shall not be required, but in lieu thereof, and in addition to the other qualifications, the person shall be at the time he offers for registration and shall have been for thirty days preceding said election a bona fide resident of the territory sought to be incorporated as aforesaid; also that part of the oath prescribed in sub-section 3 of said section 14 as follows: that I will have resided for the last three months in the city of Macon 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, agreeably to law, since the adoption of the present constitution, except for the year of the election, shall not be required, but in lieu thereof, and in addition to the balance of said oath, the person shall swear: I am now and have been for thirty days preceding said election a bona fide resident of the territory sought to be incorporated. All of said section 14 shall apply with the exceptions above enumerated. No person shall be allowed to vote at said election who has not duly registered according to the provisions herein set forth. Qualifications for registration. SEC. IX. Be it further enacted by the authority aforesaid, That said Act be, and the same is, hereby further amended so as to provide that there may be an appeal from the decision of the registrars aforesaid to a committee which shall be appointed by the judge from the council of said city and the citizens residing in the territory sought to be incorporated as aforesaid, and the decision of said committee shall be final. All appeals shall be made up, heard and decided within two days from the close of said registration list, exclusive of Sunday. Appeals from dicision of registrars. Notice of election. SEC. X. Be it further enacted by the authority aforesaid, That the said Act be, and the same is, hereby further amended so as to provide that it shall be the duty of the judge to cause to be published in one or more newspapers published in the county of Bibb a notice of the election when ordered as aforesaid, which published

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notice shall particularly describe the metes and bounds of the territory sought to be incorporated as set out in the petition for incorporation, the time fixed for said election, the names of the freeholders appointed to manage the same, the days on which the books for registration will be open, and shall designate and describe the place or places where the said election will be held. Said notice shall be published at least fifteen days prior to the time fixed for said election. The said mayor shall provide all necessary material for carrying on the said election. SEC. XI. Be it further enacted by the authority aforesaid, That said Act be, and the same is, hereby further amended so as to provide that all persons voting at an election held as hereinbefore set forth, who are in favor of incorporating the said territory sought to be incorporated, shall have written or printed on their ballots the words For incorporation, and those opposed to the same shall have written or printed on their ballots Against incorporation. Ballots. SEC. XII. Be it further enacted by the authority aforesaid, That said Act be, and the same is, hereby further amended so as to provide that if, upon examination of the tally sheet by said judge, it shall appear that a majority of the persons voting at an election ordered and held as hereinbefore set forth, have voted in favor of incorporation, judge shall declare the result by order entered on the minutes, and thereupon the mayor and council of the city of Macon shall so declare by resolution, and thereupon the mayor of said city shall issue his proclamation declaring said territory incorporated into and as a part of the city of Macon. Said territory so incorporated shall be laid off into a ward, or wards, as the said mayor and council shall determine, and for each ward so laid off in the said incorporated territory there shall be added three (3) aldermen of the city of Macon, to be elected at the times and in the manner prescribed by law for the election of aldermen for the said city of Macon. The first election for said aldermen from said ward, or wards, so laid off shall be held at the next regular election for aldermen held in and for said city after the date of the incorporation of said territory, and in voting for said aldermen from said ward, or wards, at said first election each voter shall designate on his ticket the name of one person for the term of three (3) years and another person for the term of two (2) years and another person for the term of one (1) year, and their respective terms, when so elected, shall be accordingly; but until said election of aldermen no taxes shall be assessed by said city upon said territory, or the people or their property therein. Result of election, how declared. Wards. Aldermen. Election. SEC. XIII. Be it further enacted by the authority aforesaid,

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That said Act be, and the same is, hereby further amended so as to provide that any person voting in any election held as hereinbefore set forth without having registered as hereinbefore set forth shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 1039 of the Penal Code of this State. Illegal voting. SEC. XIV. Be it further enacted by the authority aforesaid, That all laws, and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1900. MACON, CITY OF, CHARTER AMENDED. No. 20. An Act to amend section 135 of chapter five of the charter of the city of Macon as embodied in the code of said city, so as to authorize the commissioners of the bonded debt of the city of Macon to invest the sinking-fund in the hands of said commissioners, or which may hereafter come into their hands in bonds of the United States, or bonds of the State of Georgia, or of the cities of Macon, Atlanta, Savannah, Augusta, and Columbus, Georgia, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 135 of chapter five of the charter of the city of Macon as embodied in the code of said city, which reads as follows: That the money belonging to the said sinking-fund shall, from time to time, as it shall be received by said commissioners, be invested in the purchase of said six per cent. bonds issued under this Act, or any other bonds which may hereafter be issued by the city of Macon; provided, the same can be obtained at a price not to exceed the par value thereof. In case the said six per cent. bonds, or any other bonds issued by the city of Macon, or United States, or State of Georgia bonds can not be purchased at the price aforesaid, then the said commissioners shall be authorized and directed to loan said money belonging to said sinking-fund and the interest arising therefrom, from time to time, on notes with collaterals attached, at not less than four and a half (4 1-2) nor more than six per cent. interest per annum, the interest on all loans to be collected quarterly; and provided, that the collaterals on all loans shall be either United States bonds, State of Georgia bonds

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or bonds of the city of Macon, city of Atlanta, city of Augusta, city of Savannah or city of Columbus, Georgia, and none others. When any of the six per cent. bonds of the city of Macon now outstanding can be purchased at the price aforesaid, then each of the bonds so purchased, with the coupons thereon, shall at once be cancelled by the president of said bond commission, and shall be, by him, delivered to the treasurer of the city of Macon to be entered as paid upon the books of the city. Should the commissioners purchase at the price aforesaid (usually at par) any bonds of the city hereafter issued, or any United States bonds, or bonds of the State of Georgia, then these bonds so purchased shall be held and used by the commissioners as a part of the sinking-fund, to be applied to the payment of the six per cent. bonds now outstanding, and for no other purpose. When all the six per cent. bonds now outstanding shall have been paid and cancelled, then the duties of the bond commissioners, as now organized, shall cease and determine, and any money or bonds which may be left in their hands after paying all of the six per cent. bonds shall at once be turned over to the treasurer of the city of Macon, be, and the same is, hereby repealed. Macon, city of. Sec. 135, chapter 5 of charter, [Illegible Text] repealed. SEC. II. Be it enacted by the authority aforesaid, That the money belonging to the said sinking-fund shall, from time to time, as it shall be received by said commissioners, be invested in bonds of the United States, bonds of the State of Georgia, bonds of the city of Macon, bonds of the city of Atlanta, bonds of the city of Savannah, bonds of the city of Augusta, and bonds of the city of Columbus, in the discretion of said commissioners. Sinking-fund, how invested. SEC. III. Be it enacted by the authority aforesaid, That said commissioners may, at any time in their discretion, in lieu of purchasing said bonds, loan the said money belonging to said sinking-fund and the interest arising therefrom, from time to time, on notes with collaterals attached, at no less than four and one-half (4 1-2), nor more than six (6) per cent. interest per annum, the interest on all loans to be collected quarterly; and provided, that the collaterals on all loans shall be either United States bonds, State of Georgia bonds, or bonds of the city of Macon, city of Atlanta, city of Savannah, city of Augusta or city of Columbus, and none others. When any of the six (6) per cent. bonds of the city of Macon, now outstanding, shall be purchased by said commissioners, then each of the bonds so purchased, with the coupons thereon, shall at once be cancelled by the president of said bond commission, and shall be by him delivered to the treasurer of the city of Macon to be entered as paid upon the books of the city. Should the commissioners purchase

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any bonds of the city hereafter issued, or any United States bonds, or bonds of the State of Georgia, then these bonds shall be held and used by the commissioners as a part of the sinking-fund, to be applied to the payment of the six (6) per cent. bonds now outstanding, and for no other purpose. When all the six (6) per cent. bonds now outstanding shall have been paid and cancelled, then the duties of the bond commissioners, as now organized, shall cease and determine, and any money or bonds which may be left in their hands after paying all of the six per cent. bonds shall at once be turned over to the treasurer of the city of Macon. Sinking-fund, how loaned. SEC. IV. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved November 30, 1900. MACON, CITY OF, CHARTER AMENDED. No. 122. An Act to amend the charter of the city of Macon so as to authorize and direct the mayor and council of said city to appropriate certain sums of money, annually, to each of the public libraries now established in said city of Macon, 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 charter of the city of Macon shall be so amended as to authorize and direct the mayor and council of said city to appropriate certain sums of money annually to each of the two public libraries now established and running in Macon on the terms and conditions hereinafter stated. Macon, city of, libraries. SEC. II. Be it enacted, That whenever one hundred united persons who are bona fide owners of real estate located in said city shall unite with the directors or managers of either of the two public libraries now established and running in Macon, and shall cause to be presented to the mayor and council of Macon a written petition or application bearing the names of these one hundred citizens or real estate owners, which petition shall ask for an appropriation of three hundred dollars ($300.00) for the express purpose of paying the salary of a librarian for the

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particular library so applying, it shall be the duty of the mayor and council to set aside and appropriate that amount of money each year when called for, to be used for that specific purpose, and for no other, and that it shall be the duty of the treasurer of the city of Macon to pay this money over to the treasurer of the library or libraries so applying, and to pay it in monthly installments of twenty-five dollars ($25.00) each, and that the receipt of the treasurer of the library shall be a sufficient warrant or voucher to the treasurer of the city of Macon for this money when so paid out by him; provided, that before this receipt is accepted by the treasurer of the city as his warrant or voucher, it shall be indorsed by a majority of the directors or managers of the library to which this money is paid. Appropriation for libraries. SEC. III. Be it further enacted, That whenever one of the two public libraries now established in Macon shall ask for and receive the appropriation herein named, that the directors or managers of said library shall at once declare the same to be free to the public, subject only to such safe rules and regulations as are usually enforced for the protection of the books and other property of a well-conducted free public library; provided, however, that nothing in this section shall be construed as to prevent the directors or managers of said library from accepting such subscriptions, contributions or donations to said library, either in money or books, as any person or persons may be willing to make to said library. Free libraries. SEC. IV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved December 18, 1900. MADISON, CITY OF, CHARTER AMENDED. No. 15. An Act to amend the new charter for the city of Madison, Georgia, approved October 6, 1891, by amending section 15 thereof, so as to fix an annual salary of $50.00 for each of the aldermen of said city, and to limit the salary to be voted the mayor of said city by said aldermen to the sum of $250.00, and for other purposes. SECTION I. Be it enacted, and it is hereby enacted by the General Assembly of Georgia, That section 15 of the new charter for the

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city of Madison, Georgia, approved December 6, 1891, be amended by inserting between the word compensation and the word as in the second line of said section the words not to exceed the sum of $250, and by striking out the words The aldermen shall receive no compensation, in the last line of said section, and inserting in lieu thereof the words Each of the aldermen shall receive $50 per annum; so that said section, when amended, shall read as follows: Section 15. Be it further enacted, That the mayor of the city of Madison shall receive for his services such compensation, not to exceed the sum of $250, as the aldermen or a majority of them, at a meeting of the board of aldermen, held immediately before the expiration of the term of office, shall vote him, having a just regard for the labors performed by him. Each of the aldermen shall receive $50 per annum. Medison, city of. Salaries of mayor and aldermen. 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 30, 1900. MCINTOSH, TOWN OF, CHARTER REPEALED. No. 5. An Act to repeal an Act and all amendments thereto incorporating the town of McIntosh, in Butts county, Georgia, and for other purposes. SECTION I. From and after the passage of this Act be it enacted by the General Assembly of Georgia, That the Act and all the amendments thereto incorporating the town of McIntosh in the county of Butts, State of Georgia, be, and the same is, hereby repealed. McIntosh, town of, charter repealed. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 23, 1900.

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MILLEDGEVILLE, CITY OF, NEW CHARTER. No. 94. An Act to cause and establish a new charter for the city of Milledgeville; to establish the office of recorder; to enlarge the jurisdiction of the police court; to more accurately regulate the power of the mayor and aldermen of said city relative to the public streets; to provide methods of contesting elections; to confer power upon the mayor and aldermen to assess and collect taxes and licenses; to authorize condemnation of private property for public purposes; to authorize the establishment of a city chain-gang; to confer jurisdiction upon the mayor and aldermen over the city cemetery and other public property; to regulate the establishment of nuisances; to authorize the collection of gross sales tax; to provide for support of schools within the limits of said city, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the several Acts amendatory thereof are hereby revised, amended and consolidated, as set forth in the foregoing and following sections. Milledgeville, city of. SEC. II. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the municipal government of the city of Milledgeville shall be vested in a mayor and six aldermen, who are hereby declared a body corporate under the name and title of The Mayor and Aldermen of the City of Milledgeville, and by said name shall sue and be sued, contract and be contracted with, have, hold and possess property, whether real or personal, and whether within or without the limits of said city, by gift, donation, lease or purchase for the use of said city and the inhabitants thereof; and by said corporate name may sell, lease or convey whatsoever property they may have authority to sell, lease or convey under the laws of Georgia and the terms of this Act. Said mayor and aldermen may enact from time to time such ordinances, by-laws, rules and regulations as may be necessary to enforce peace, order and good government and to carry out generally the power and authority conferred by this Act and the laws of Georgia. Mayor and aldermen. General powers. SEC. III. Be it further enacted by the authority aforesaid, That the corporate limits of said city shall be and remain as at present laid out in the survey and map of said city, known as

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Dr. Mitchell's Survey and Map. Said survey and map or any copy thereof made by authority of the mayor and aldermen shall be admissible in evidence, without proof, in all cases in which the boundaries of said city or the divisions into lots and squares therein are in issue. Corporate limits. SEC. IV. Be it further enacted by authority aforesaid, That no person shall be eligible to the office of mayor of said city who has not been a resident thereof for one year or more continuously next preceding his election, and who has not attained the age of twenty-five years. Nor shall any person be eligible to the office of alderman of said city who has not been a resident thereof for a like period and who has not attained the age of twenty-one years. Mayor and aldermen, qualifications of. SEC. V. Be it further enacted by authority aforesaid, That under and by virtue of this Act there shall be an election held for a mayor and six aldermen and for a city clerk and treasurer on the first Wednesday in December, 1901, and biennially thereafter. In said elections the polls shall be opened in the office of the clerk and treasurer of said city or such other place as may be designated by ordinance, at 9 o'clock a. m., and closed at five o'clock p. m. Said elections shall be under the management and control of a justice of the peace and two freeholders, or of three freeholders residents of said city, which said justice of the peace and freeholders shall be elected by the mayor and aldermen then in office. The managers of said elections shall appoint two clerks and shall, together with said clerks, receive such compensation as may be agreed upon by the mayor and aldermen, not exceeding three dollars per day each. Elections. SEC. VI. Be it further enacted by authority aforesaid, That the managers of elections in said city shall take before some officer authorized to administer an oath, or administer to each other the following oath: I, , do solemnly swear that I will faithfully perform the duties of manager of this election to the best of my ability, prevent illegal and fraudulent voting, without fear or favor; so help me, God. Managers of elections, oath of. SEC. VII. Be it further enacted by authority aforesaid, That immediately after the polls are closed said managers shall count the ballots cast, and after the ballots have been counted the tallysheets and lists of voters shall be certified in writing by said managers in the following language, to wit: We do certify that the foregoing pages constitute the tally-sheets (or lists of voters, as the case may be) of an election for held by us this day of and that they are an accurate and faithful

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record of the names and number of voters at said election. This day of . Lists of voters. , Manager. , Manager. , Manager. The tally-sheets and lists of voters shall then be sealed up together in an envelope, delivered to the clerk of the city, and filed of record in his office. The ballots shall likewise be sealed in an envelope, delivered to the clerk and filed of record in his office. SEC. VIII. Be it further enacted by the authority aforesaid, That on the day next succeeding said election the managers thereof shall file a written report of the result, with the sitting mayor and aldermen, showing the number of votes cast and for whom cast. Upon the filing of said report the mayor and aldermen shall declare the result of said election and shall publish the result in some newspaper published in said city and shall enter it of record on the minutes of the city clerk. Result, how declared. SEC. IX. Be it further enacted by the authority aforesaid, That if after ten days from the day of said election no notice of contest is given as to the result of said election, the clerk aforesaid shall destroy the ballots. Should any person, except under an order of a court of competent jurisdiction, for any cause whatsoever inspect either the tally-sheets, lists of voters or ballots of said election after they have been filed with the clerk of the city as aforesaid he shall be liable to fine or imprisonment in discretion of the police court of said city. Tally-sheets, etc. SEC. X. Be it further enacted by the authority aforesaid, That the term of office of mayor and aldermen shall be two years from the first Monday of January after their election. On the first day of January after their election the mayor and aldermen elect shall meet in the city hall and there shall severally take, before some officer authorized under the law of Georgia to administer oaths, the following oath of office, to wit: I do solemnly swear that I will well and truly demean myself as mayor (or aldermen, as the case may be) of the city of Milledgeville for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city, to the best of my skill and knowledge, without fear or favor, so help me God. Should the mayor or any alderman elect be absent from said meeting, he or they shall take said oath of office as soon as possible thereafter. Mayor and aldermen, term of. Oath of. SEC. XI. Be it further enacted by the authority aforesaid, That all persons who are qualified to vote for members of the General Assembly of the State of Georgia, who shall have paid all taxes which have been legally imposed upon them by the authority

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of the city (including street tax) and which they have had an opportunity to pay, agreeably to law, who have resided within the county of Baldwin for six months and within the city of Milledgeville for thirty days prior to the day of the election, and who have registered as hereinafter provided, shall be qualified to vote at any election held in said city. Voters, qualifications of. SEC. XII. Be it further enacted by authority aforesaid, That the registration book hereinafter provided for shall, at the opening of the polls upon every election held in said city, be placed in the hands of the managers of the election by the city clerk. Registration book. SEC. XIII. Be it further enacted by the authority aforesaid, That for sixty days next preceding every election held in said city, the clerk shall open a book to be known as the Registration Book of the city of Milledgeville, in which the voters of said city shall register their names in the presence of said clerk, and said clerk shall sign his name as registrar opposite the name of said voter. Said registration book shall close twenty days before said election. Before registering his name, as aforesaid, each person shall sign the following oath, to wit: I, , do solemnly swear (or affirm) that I am twenty-one years of age, have resided in this State one year and in this county six months and in the said city of Milledgeville thirty days next preceding this election. I have paid all taxes due the State, city and county, which have been required of me and which I have had an opportunity to pay; so help me, God. Registration. SEC. XIV. Be it further enacted by the authority aforesaid, that the clerk of said city shall keep open constantly at his office, except on legal holidays, a book to be known as the Registration Book of the city of Milledgeville, in which the voters of said city shall register their names in the presence of said clerk, and said clerk shall sign his name as registrar opposite the name of said voter. Said registration book shall close twenty days before each and every election held in said city. Before registering his name, as aforesaid, each person shall sign the following oath, to wit: I, , do solemnly swear (or affirm) that I am twenty-one years of age, have resided in this State one year and in this county six months, and in the city of Milledgeville thirty days next preceding this election. I have paid all taxes due this State, county and city which have been required of me and which I have had an opportunity to pay; so help me, God. The managers, or either of them, may, in their discretion, require the person offering to vote to take the oath aforesaid. Registration book. SEC. XV. Be it further enacted by the authority aforesaid, That any person who shall vote illegally at any election held in the city of Milledgeville under the authority of the law and this Act, shall be guilty of a misdemeanor, and liable to prosecution

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in the county court or Superior Court of Baldwin county, and, upon conviction, shall be punished as prescribed in section 1039 of the Penal Code of Georgia. Illegal voting. SEC. XVI. Be it further enacted by the authority aforesaid, That should any contest arise over the result of any election for mayor and aldermen, or city clerk and treasurer, it shall be determined as follows, to wit: The contestant, or contestants, shall, within ten days from the date of said election, by petition to the Superior Court of Baldwin county, plainly, fully and distinctly set out his or their grounds of contest, and the names of the persons whose election is contested, and file said petition in the office of the clerk of the Superior Court. Immediately upon the filing of said petition with the clerk, said clerk shall transmit a copy thereof to the judge of the Superior Court of said county, and shall furnish the contestees, as set out therein, each with a copy of said petition. Upon receipt of the copy of said petition the judge aforesaid shall fix a time and place of hearing and indorse the same on the copy of said petition, provided that the time of said hearing shall not be more than sixty nor less than thirty days from the date of his order and may be either at the session of Superior Court for said county or in vacation. Contested election. SEC. XVII. Be it further enacted by the authority aforesaid, That during the pendency of said contest the persons who have been declared elected, as hereinbefore provided, shall exercise the duties of the office. Officer pro tem. SEC. XVIII. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said city shall have authority to fix the salaries of the mayor and other salaried officers of the city. Salaries. SEC. XIX. Be it further enacted by the authority aforesaid, That whenever a vacancy, from death, removal or resignation, shall happen in the office of the mayor or alderman, the remaining members shall proceed at once to fill the vacancy. Should the mayor or alderman fail or refuse to perform the duties of his office for three consecutive months, the office may, in the discretion of the remaining members of the board, be declared vacant, and the vacancy filled as in case of vacancy by death, resignation or removal. Vacancies. SEC. XX. Be it further enacted by the authority aforesaid, That the mayor and alderemen of the city of Milledgeville shall have power and authority to enact such ordinances, from time to time, as they may deem necessary to enforce the provisions of this charter, but no ordinance shall be binding unless it has been read three times. The mayor, the mayor pro tem. and three aldermen,

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or four aldermen, who may elect one of their number to preside, shall constitute a quorum for the transaction of all business of the municipal government, though a smaller number may adjourn from day to day; provided, however, that when there are no more than four members of council present, it shall require at least three votes to pass any measure. The mayor and aldermen shall hold monthly, semi-monthly or weekly meetings, as they may decide upon, and the mayor or mayor pro tem. may order such call meetings as emergencies may, in his judgment, require. Ordinances Quorum. Meetings. SEC. XXI. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power to pass, from time to time, such ordinances, by-laws, rules and regulations as may, in their discretion, be necessary to enforce this Act, and the laws of Georgia relative to municipal corporations, and provide penalties for their violation. They shall have general and exclusive jurisdiction over the streets, alleys, by-ways, sidewalks and commons and public squares of said city, and may provide against obstructions thereupon. They may lay such drains or gutters therein as may be necessary, and shall take all necessary and proper means for keeping the corporate limits of said city free from garbage, trash and filth of all kinds. They shall have power to summarily abate all nuisances whenever, in their judgment, such nuisance is injurious to the health, comfort or convenience of the inhabitants, either with or without complaint against it. They may regulate the running of locomotives run by steam, electricity or other power. They may provide against obstructions in the streets, alleys and sidewalks therein, and may prevent the placing thereon of any grass, stones, sticks, fruits, vegetables, or anything of like character calculated to cause inconvenience or injury to individuals or to make such streets unclean. They may make such regulations as they may deem proper, relative to the keeping, storage or sale of gunpowder and explosives or inflammable oils, chemicals and powder in said city. They may prohibit the commission of nuisances in said city and provide punishment therefor. Municipal powers. SEC. XXII. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power and authority to elect two or more policemen, one of whom shall be chief of police, a surveyor and engineer, street overseer, sexton and attorney and such other officers as the necessities of the city may demand. They may prescribe the duties of said officers and fix their salaries. The terms of office of said officers shall expire with the term of the mayor and aldermen by whom they were elected; provided,

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their successors have been elected and qualified. The mayor and aldermen, mayor, or mayor pro tem., may appoint such extra policemen as may be necessary in case of emergencies, and said extra policemen shall receive such compensation as may be fixed by the mayor and aldermen. Either of said officers may be dismissed from office at any time by a two-thirds vote of the mayor and aldermen, and all of them shall take oath to faithfully perform the duties of their respective offices and give such bond and security as may be required by the mayor and aldermen. Officers. SEC. XXIII. Be it further enacted by the authority aforesaid, That the term of office of the clerk and treasurer of said city shall be two years and until his successor is elected and qualified. He shall give bond and security for the faithful performance of his duties in an amount fixed by the mayor and aldermen. He shall take oath of office at the time when the mayor and aldermen elect shall be installed into office. The mayor and aldermen may prescribe his duties. In case of a vacancy in said office by death, resignation or removal, the vacancy shall be filled for the remainder of the term by the mayor and aldermen. Clerk and treasurer. SEC. XXIV. Be it further enacted, That for the purposes of raising revenues to defray the ordinary, current expenses incident to the proper support and maintenance of the city government, the said mayor and aldermen shall have full power and authority to levy and collect an ad valorem tax upon all property, both real and personal, in the corporate limits of said city, not to exceed one half (1-2) of one per centum, but where that amount is deemed insufficient, said mayor and aldermen shall have the authority and power to levy an additional tax in the mode and manner provided by the Constitution and the laws of the State of Georgia. Ad valorem tax. SEC. XXV. Be it further enacted, That nothing contained in this Act shall be construed to prevent the levy and collection of taxes sufficient to pay the interest on bonds already issued or which may hereafter be issued under the Act of the General Assembly, approved November 4, 1889, and authorized by a two thirds vote of the qualified voters of said city, at the election held pursuant to said Act on the 14th day of March, 1890, and of the levy and collection of one half (1-2) of one per cent. in addition to that authorized by this Act for ordinary current expenses authorized by a two thirds vote of the qualified voters of said city at an election held on the ninth day of December, 1890, under and by virtue of a provision of the general law regulating the levy of taxes by municipal corporations. Tax to pay bonds.

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SEC. XXVI. Be it further enacted, That the mayor and aldermen of the city of Milledgeville shall have power and authority to levy and collect tax upon the gross sales of every merchant or other vendor of goods, wares, and merchandise in said city. Said tax not to exceed one half (1-2) of one per cent., and to be in lieu of business license. Tax on gross sales of merchants. SEC. XXVII. Be it further enacted, That every male person between the ages of sixteen and fifty years, who has resided in said city thirty days shall be liable and subject to work on the streets of said city not to exceed fifteen days in each year at such time or times, as the mayor and aldermen may require, or to pay a commutation tax in lieu thereof not to exceed three dollars ($3.00), as said mayor and aldermen may determine. Should any person, liable to work the streets of said city under this section fail or refuse to do so or to pay the street tax assessed in lieu of such service, after having received due notice so to do, as said mayor and aldermen may require, shall be deemed guilty of a violation of this section and, on conviction, in the police court, shall be punished by a fine not exceeding $25.00 or imprisonment in the guard-house, or by labor in the chain-gang of said city, not exceeding 30 days. Said mayor and aldermen may pass such ordinance as they may deem proper for the purpose of enforcing the provisions of this section. Street work and commutation tax. SEC. XXVIII. Be it further enacted, That said mayor and aldermen shall have the right to establish a chain-gang in said city; provide for the confinement of the prisoners therein during the hours they are not engaged in labor; provide for their maintenance during the period of their imprisonment; provide for furnishing said prisoners with convict suits; employ guards and convict bosses, and generally to provide for the proper government and control of said convicts. The employees of said city in charge of said convicts shall have the right to administer such reasonable discipline to said convicts as may be necessary to enforce proper obedience to the rules and regulations which may be established. The mayor and council of said city shall have the right to lease or hire such convicts as may be confined in the chain-gang of said city, under the provisions of this section, to the county authorities of Baldwin county, Georgia, and shall have the right to make such charge against said county for the hire or lease of said convicts as they may be able to agree upon; provided, however, that said convicts shall be kept and provided for by said county authorities in the same manner as the county convicts of said county are kept and provided for. Chain-gang

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SEC. XXIX. Be it further enacted, That the mayor and aldermen of the city of Milledgeville shall have full power and authority to license, regulate and control by ordinance all taverns, hotels, boarding-houses, cafes, restaurants, saloons for the sale of creams, ices, etc., livery stables, feed stables, sale stables and lots, hacks, drays and other vehicles, auctioneers, vendue-masters, itinerant traders, theaters and theatrical performances, dummy or street railroads, oil mills, ice works, laundry and water works, shows, circuses and exhibition of all kinds; itinerant lightning-rod dealers, emigrant agents, book agents, peddlers of clocks, stoves, machines or any kind of articles of merchandise whatsoever, itinerant venders of any and all kinds of goods, wares, merchandise or other things; billiard, pool and bagatelle tables kept for public play, every keeper of a shooting gallery, tenpin alley, upon the keeper of any table device, stand or place for the performance of any game or play, whether played with sticks, balls, rings or other contrivances, upon flying horses or other like contrivances, bicycles, velocipedes or skating-rinks; insurance agents, life, fire, accident or other insurance companies, loan agents and agents for any and all kinds of business; bank and bankers, brokers and commission merchants of all kinds and dealers in futures; keepers of slaughter houses, beef markets, green grocers, dealers in fresh oysters, vegetables, fruits, breads and other articles of food; contractors and builders and all mechanics or artisans; barber shops, junk shops, pawnbrokers, and upon all and every other establishment, business calling or avocation not heretofore mentioned, and which, under the laws and Constitution of the State of Georgia, are subject to license. Specific taxes. SEC. XXX. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said city shall have the sole and exclusive right to grant license for the sale of whiskey, beer, wine, cider, alcoholic tonics, all alcoholic, intoxicating or malt liquors of every kind whatsoever within the limits of said city, and to fix the rate of license for sale of said liquors by wholesale or retail, in a sum not less than five hundred dollars nor more than one thousand dollars per annum; provided, that no license for the sale of any of said liquors shall be construed to authorize the sale for any time beyond the expiration of the fiscal year in which it is issued, and said mayor and aldermen shall have power to demand and collect the full amount of the annual license without regard to the time when the dealer began business. Liquor, sale of. SEC. XXXI. Be it further enacted by the authority aforesaid, That payment of the license demanded of dealers in aforesaid

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liquors shall be a condition precedent to beginning said business, and any person selling, by himself or his agent, any of said liquors before having paid the license as fixed by the mayor and aldermen and demanded by their authority, shall be liable to prosecution in the police court, and, upon conviction, subject to be punished as may be provided by ordinance. Said mayor and aldermen may regulate the sale of liquors; confine the sale to certain limits; prescribe the qualification of the dealer; fix the hours in which they may not be sold and make such other regulations of the business as they may deem proper. Should any dealer in aforesaid liquors violate any of the laws or ordinances which are now in force or may hereafter be made in pursuance of this Act, the person so offending shall be liable to prosecution in the police court, and, upon conviction, may be punished by fine or imprisonment, and the mayor and aldermen may, in their discretion, in addition to said fine or imprisonment, declare the license of said offender forfeited and void. Illegal sale of liquor. SEC. XXXII. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said city may demand payment of the license authorized by this Act and the laws of Georgia in the amount fixed by ordinance, as a condition precedent to beginning or continuing any business in said city for which a license is required. Should any person engage or continue in business not having paid the license so demanded of him, he shall be liable to prosecution in the police court, and, on conviction, may be fined or imprisoned in the discretion of the court. The provisions of this Act shall apply to all persons, whether natural or artificial. License fee. SEC. XXXIII. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said city shall have power and authority to make and establish by ordinance a fiscal year in their discretion, from which and to which all licenses shall date. Should any person apply for license for any business in said city, for which a license is required at any time after the fiscal year has begun, the mayor and aldermen shall have authority to require from such person the same amount as required for license for a full year, and, in no case, shall the mayor and aldermen be compelled to pro rate the amount of any license for a term less than a full year; provided, nevertheless, that no change in the fiscal year shall operate to the injury of any person who has paid the amount of license required of him. Fiscal year. SEC. XXXIV. Be it further enacted, That said mayor and aldermen shall have power and authority to enforce, by execution, the collection of any debt or claim due or to become due to said

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city, for taxes, license fees, rents, impounding fees, fines and forfeitures; for laying sewers and drains; for cleaning and repairing privies and for abating nuisances; and for any and all levies, assessments, debts or demands due or to become due to said city. Said executions to be issued by the clerk of said city and bear test in the name of the mayor, against the property, person, corporation or firm against which or whom any tax has been levied or by whom any such debt or demand is owing, such execution to be directed to all and singular the marshal and deputy marshal, who are authorized to levy the same upon the property against which it is issued or on the property of the owner against whom such execution shall issue, and the same to be sold as is provided by the Code of Georgia of 1895, sections 732, 733, 734, 735, in case of sales for taxes. Municipal claims, how collected. SEC. XXXV. Be it further enacted, That it shall be the duty of the marshal or deputy marshal to levy all executions in favor of the city, and after advertising for 30 days as sheriff's sales are advertised, shall sell the property levied upon before the court-house door in Baldwin county, on a regular sheriffs' sale day and within the legal hours of sheriffs' sale, and shall sell at public outcry to the highest bidder, and execute titles to the purchaser, and shall have the same power to place the purchaser in possession as sheriffs of the State have; provided, however, should any of the property levied upon, as before provided, remain in the hands of the levying officer and is of a perishable nature or liable to deteriorate in value from keeping, or there is expense attending the keeping of the same (the same not being real estate), it may be sold as in such cases provided by sections 5463 and 5464 of the Code of Georgia of 1895, except that the order to sell shall be obtained from the mayor. Marshal, sales by. SEC. XXXVI. Be it further enacted, That when any execution shall be issued and levied as provided in the preceding section, claim of illegality may be interposed under the same rules and regulations as now provided by law for claims and illegalities under tax fi. fas. for State and county tax. Such claim or illegality to be returned to and heard in Baldwin Superior Court, County Court or the Justice Court of the 320th District G. M., according as the jurisdiction thereof may be. Claim on illegality. SEC. XXXVII. Be it further enacted by the authority aforesaid, That the act approved September 28, 1899, entitled an Act to authorize and require the mayor and aldermen of the city of Milledgeville to elect three freeholders as city assessors, to prescribe and define their duties, and for other purposes, is

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hereby repealed and the following enacted in lieu thereof; The mayor and aldermen of the city of Milledgeville shall elect at their first or second meeting in January, 1902, and every two years thereafter, three upright, discreet and intelligent persons, who shall be freeholders and residents of said city, as city tax-assessors, who shall hold office for two years and until their successors are elected and qualified. Should any vacancy happen in said board of assessors by death, resignation, refusal to perform the duties of the office or removal therefrom, such vacancy shall be immediately filled by said mayor and alderman. Said mayor and aldermen shall be the exclusive judges of the necessity for declaring a vacancy in said board of assessors; provided, that there shall be no removal from office except for good and sufficient reasons and after impartial investigation. Before entering upon the duties of the office, each of the said assessors elect shall take and subscribe before an officer authorized to administer oaths the following oath of office: I, , do solemnly swear that I will faithfully perform the duties of the office of tax-assessor for the city of Milledgeville, and will make a just and true valuation of all property therein subject to taxation, according to its actual market value; so help me, God. Tax assessors. SEC. XXXVIII. Be it further enacted by the authority aforesaid, That said city assessors may hear, during the progress of their investigation, such evidence as to the value of any property in said city as they may deem advisable. If any person is dissatisfied with the valuation of his property, as fixed by said assessors, he shall have the right to appeal to the mayor and aldermen. Said appeal shall be entered within four days from date upon which the written or printed notice hereinafter provided for has been mailed by the clerk of said city. Said appeal shall be in substantially the following, to wit: Appeal from assessment. CITY OF MILLEDGEVILLE, GA., , 1900. The undersigned, a taxpayer of the City of Milledgeville, being dissatisfied with the action of the city tax-assessors with reference to the valuation of his property, subject to taxation in said city, comes within four days from the date upon which notice of said action of said assessors was mailed to him, and demands an investigation of the value of said property by the mayor and aldermen of said city. (Signed) . Upon the filling of said appeal with the clerk of said city it shall be the duty of the mayor to fix a day upon which said hearing will be had and to give the appellant three days' notice in writing

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of said hearing. Notice to the agent or attorney-at-law of said appellant shall be sufficient. At said hearing said mayor and aldermen shall hear all legal and competent evidence, and enter up a judgment accordingly. The appeal hereinbefore provided for may be signed by the taxpayer, his agent or attorney-at-law. SEC. XXXIX. Be it further enacted by the authority aforesaid, That said city assessors may hear, during the progress of their investigations, such evidence as to the value of any property in said city as they may deem advisable, but whenever any such evidence shall be heard, shall be entirely in their discretion, and from the decision of said assessors there shall be no appeal. Assessors may hear evidence. SEC. XL. Be it further enacted by the authority aforesaid, That immediately after the report of said assessors is filed with the clerk of said city, he shall mail a printed or written notice to every person the valuation of whose property, as returned for taxation, has been changed by said assessors, advising such persons of said assessors' action and specifying the property in whose valuation said change has been made. Notice of assessments. SEC. XLI. Be it further enacted, That said mayor and aldermen shall have power to prohibit, by ordinance, the keeping open of tippling houses on the Sabbath day, the sale of liquor, beer, wine or other intoxicating or malt liquors to minors, to intoxicated persons or to habitual drunkards; the keeping of lewd houses; the keeping of gambling rooms or houses; the selling of liquor on election days; the pursuing of one's ordinary avocation on the Sabbath day, carrying concealed pistols, disturbing divine worship and all other offenses of a like character. The police court shall have jurisdiction to try persons for any of said offenses within the limits of said city and upon conviction, punish them as hereinafter provided. Police powers. SEC. XLII. Be it further enacted by the authority aforesaid, That there shall be in the city of Milledgeville a court of record to be known as the Police Court. The jurisdiction of said Police Court shall embrace all violations of the ordinances of the city of Milledgeville. Said Police Court shall be presided over by the mayor pro tem. in the absence or disqualification of the recorder hereinafter provided for. The session of the Police Court shall be held as often as the recorder shall elect, and at such hours of the day as are most convenient and in place used as the office of the clerk and treasurer of said city. Said Police Court shall have power to try all offenders against the ordinances, by-laws, rules and regulations of said city and shall have cognizance of all offenders thereunder, and shall have power

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to inflict, on conviction, such punishment as may be provided for the offense; provided, such punishment shall not exceed a fine of one hundred and fifty dollars and costs, imprisonment in the guard-house of said city for sixty days, or hard labor in the chain-gang of said city for 30 days; provided, that should there be no guard-house in the city suitable for the secure and humane treatment of offenders and no chain-gang, then it shall be lawful to imprison them in the common jail of Baldwin county. Police court. SEC. XLIII. Be it further enacted by the authority aforesaid, That in no case shall it be necessary for affidavit to be made and warrant to be issued to authorize arrest for violation of any of the ordinances of said city. Arrest. SEC. XLIV. Be it further enacted by the authority aforesaid, That all trials in the police court of said city shall be held under and by virtue of affidavit and warrant, which said affidavit may be made by any person before the clerk of said city and warrant issued by the presiding officer of said police court. Said affi-affidavit and warrant shall be in the form prescribed for criminal affidavits and warrants in the Code of Georgia. Upon aforesaid affidavit warrant shall issue as aforesaid, and shall be directed to all and singular the marshal and deputy marshal of the city of Milledgeville. Upon said affidavit issue shall be joined and plea of guilty or not guilty entered. Should the warrant be dismissed by reason of informality in the affidavit or warrant, it shall be the duty of the court to order another drawn and another until it shall meet the requirements of the law. Affidavit and warrant. SEC. XLV. Be it further enacted by the authority aforesaid, That said police court shall have power to punish for contempt against its lawful authority, whether during its session or otherwise; to issue summons for witnesses, books and papers, in as full and complete a manner as the justice courts of this State now have; to punish as for contempt for failure to obey its legal summons; to grant continuances under the rules of law; to take bonds and recognizances for appearance at its sessions, and to forfeit the same under the same rules and regulations as are now applicable to like procedure in the Superior Courts of this State, and to do all other acts and things necessary for the proper enforcement of its authority as a court of record; provided, that no fine for contempt shall exceed the sum of ten dollars or imprisonment in the guard-house of said city twenty-four hours. Police court, authority of. SEC. XLVI. Be it further enacted by the authority aforesaid, That any person convicted in the police court of said city for

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violation of any ordinance or by-law thereof shall have the right of certiorari to the Superior Court of Baldwin county, under the law governing certiorari from the county courts of this State in criminal cases, as set forth in the Code of Georgia, and no appeal shall be had from the decision of the police court to the mayor and aldermen. Certiorari SEC. XLVII. Be it further enacted, That said mayor and aldermen shall cause the police force of said city to be armed and so uniformed as to be readily recognized by the public as peace officers. The arms only to be furnished at the expense of and to remain the property of the city. Police, arms and uniforms for. SEC. XLVIII. Be it further enacted by the authority aforesaid, That it shall be the duty of the mayor and aldermen of said city to create the office of recorder for said city, and to elect some intelligent and upright person reasonably skilled in the laws, resident of said city, to perform the duties of that office, and to fix his compensation at not more than three hundred dollars per annum; provided, that the salaries of the mayor and of the recorder shall not exceed six hundred dollars per annum. Said recorder shall be elected at the last regular meeting in December, 1900, or as soon thereafter as practicable, and shall hold office for two years, or until his successor is elected and qualified. It shall be the duty of said recorder to preside in the police court of said city in all cases, except when providentially prevented or absent from the city, in which case the mayor or mayor pro tem. shall preside. Recorder. SEC. XLLX. Be it further enacted by the authority aforesaid, That the mayor, mayor pro tem. or recorder of said city shall have, in addition to the jurisdiction hereinbefore conferred, the criminal jurisdiction of justices of the peace. Whenever it shall appear that an offense against the law of the State has been committed within the limits of said city, it shall be the duty of the mayor, mayor pro tem. or recorder, as the case may be, after investigation, to commit the offender or offenders to jail, or to bail them to answer to the court having jurisdiction of the offense. Mayor, mayor pro tem., and recorder, ex [Illegible Text] justices of the peace. SEC. L. Be it further enacted, That the mayor and aldermen of said city shall have full power and authority to prevent horses, mules, cattle, hogs, sheep, goats, dogs, and all other animals and fowls from running at large in said city, and to prevent and to prohibit the keeping of hogs within the limits of the city, or regulate the manner in which they must be kept if allowed to remain, and shall have full power and authority to take up and impound any such animals and fowls and punish all owners of

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such fowls and animals who refuse to obey any ordinance passed by said mayor and aldermen to carry this authority into effect. Animals, etc. SEC. LI. Be it further enacted by the authority aforesaid, That in order to give effect to the foregoing section, said mayor and aldermen shall have power to establish a pound and to change the same whenever they deem proper; to fix a schedule of charges and penalties to be paid by the owner of such impounded animals or fowl before they are released from the pound; to regulate the mode and manner of sale or disposition of impounded animals or fowls where no owner appears or where payment of impounded fees charged, penalties or cost is refused; to provide for the proper notice and advertising of impounded animals; to provide for the disposition of the proceeds of the sale of impounded animals, and to provide for the punishment of all persons who, without authority, break or enter the pound. Sale of impounded animals and fowls. SEC. LII. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power to enact ordinances for the purpose of preventing the spread of contagious diseases, and to enforce quarantine against such diseases. To the end that said disease may not spread, they may take such extraordinary precautions and enforce such regulations as reason and humanity may suggest. Whenever it may appear any animal in the limits of said city probably has a dangerous or contagious disease, it shall be in the power of the mayor to have an immediate examination of such suspected animal made by some physician or other expert. Should the report of said physician or expert confirm the probability of such dangerous or contagious disease, the mayor may order the immediate removal of such animal beyond the city limits, and should such animal return within said city the mayor may order it killed at once. Contagious diseases. SEC. LIII. Be it further enacted, That said mayor and aldermen shall have exclusive jurisdiction over all cemeteries of said city. They may elect such employees to superintend and care for the same as they may deem proper; they may make such appropriations out of the treasury of said city as they may deem proper for the proper supervision thereof; they may enact ordinances for the purpose of preventing trespasses therein, or the grounds thereof, and provide penalties for violation of the same. They may regulate the charges of grave-digging, hearse fees, and for bricking and walling the same; they may charge such fees for burials as they may deem proper and enforce the payment of the same as they may deem best. Cemeteries SEC. LIV. Be it further enacted by the authority aforesaid,

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That the mayor and aldermen of said city shall have power and authority to enact a curfew law, that is to say, a law prohibiting children under the age of sixteen years from wandering or loitering upon the streets of said city at night. Said mayor and aldermen shall have power and authority to enact such ordinances as they may deem necessary to carry into effect the authority hereby given. Curfew. SEC. LV. Be it further enacted, That said mayor and aldermen may exercise general supervision over all buildings of every character, within the limits of the city whenver, in the judgement of the mayor of said city, any building in said city, by reason of want of proper repairs, or defect in construction, is dangerous to the city on account of it or for any other reason; said mayor may report the same to the aldermen at a regular or called meeting of the board. At said meeting, if a majority of those present shall be of the opinion that the building is dangerous for any of the reasons aforesaid, that they may pass a resolution so declaring. Upon the passage of such resolution, the mayor shall cause written notice of said action to be furnished the owner or tenant in possession of said building, and directing that the defect be remedied within ten days. If at the expiration of said ten days, said defect has not been remedied in accordance with said notice, it shall be lawful for the said mayor of said city to cause it to be done summarily, and issue execution for the cost thereof against the owner of said building. In case said owner or tenant in possession shall fail and refuse to remedy the defect as aforesaid, and said mayor and aldermen are of the opinion that the same cannot be satisfactorily remedied, it shall be lawful for them to cause said building to be torn down or destroyed in the most expeditious manner. Said mayor and aldermen shall not be liable in damages for exercising the power conferred by this section, unless the party complaining shall show that the same was done maliciously. Dangerous buildings. SEC. LVI. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said city shall have the right to lay out, alter, extend and improve the public streets, squares and parks, and to improve the public property of said city. And for said purposes they are authorized to condemn private property in the method provided by the laws of this State regulating the condemnation of private property for public purposes. Streets, etc. SEC. LVII. Be it further enacted by the authority aforesaid, That the mayor and aldermen of the city of Milledgeville shall have full power and authority at the first or subsequent meeting after each election of mayor and aldermen to appoint five competent

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and proper persons, resident in said city, who shall constitute the board of health, three of whom shall constitute a quorum for the transaction of business. It shall be the duty of said board of health to meet as often as they may deem necessary, to visit all parts of the city and to report to the mayor and aldermen all nuisances which are likely to endanger the health of the city or any neighborhood. Said mayor and aldermen shall have power, upon the report of said board of health, to cause such nuisance to be abated, and its recommendation to be carried out in a summary manner at the expense of the party whose act or negligence caused such nuisance, or of the owners of the property upon which the same may be located, as the mayor and aldermen may elect. Board of health. SEC. LVIII. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power to summarily and forcibly remove at any time, any and all obstructions of any character whatever from the streets, sidewalks, alleys and commons of said city without notice to any one; and from their judgment and summary removal of such obstructions there shall be no appeal. They shall have power to prevent tramps, street-walkers, vagrants and lewd females from walking upon the streets of said city, and may punish them in their discretion. Whenever it shall appear to the mayor of said city by evidence sufficient to excite the suspicions of a reasonable and prudent man that any room, building or cellar in said city is being used as a house of ill fame, as a residence of lewd women, as a place where gambling or other disorderly, immoral and illegal practices are carried on, said mayor may order the marshal of said city to enter said room, building or cellar, by force, if necessary. The mayor and aldermen of said city shall not be liable in damages for the exercise of the authority conferred by this section, unless it shall appear that the mayor was actuated by malice and that there was not sufficient evidence to excite the suspicion of a reasonable and prudent man. Police powers. SEC. LIX. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power and authority to create and establish a fire department in said city, provide for the pay and equipment thereof, purchase any necessary apparatus therefor and make all needful regulations for its proper maintenance. Fire department. SEC. LX. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said city shall have power to provide by ordinance against loss or damage by fire in said city

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and to that end they may declare any portion of said city a fire district, and may define the limits thereof. They may prescribe what material may or may not be used in the erection of buildings within said fire district, and may punish in their discretion any person violating the provisons of their ordinances in this behalf. Whenever it shall appear that any building, shed or obstruction within said fire district is erected, or being erected, contrary to the provisions of said ordinances, they shall have power to direct the owner of said building to tear it down at once or to so change the material of its construction as to make it conform to the requirements of said ordinances. Should said owner fail to obey said direction, said mayor and aldermen may summarily have said building, shed or obstruction taken down forthwith for refusal to obey their direction and order aforesaid. Any person so refusing may be tried in the police court of said city. Fire district. SEC. LXI. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power and authority to sell, rent, lease or otherwise convey the commons of said city in such parts and on such terms as they may deem proper. Commons. SEC. LXII. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power to provide for the erection and maintenance in said city of gas works, electric light works, and water-works, and to that end may grant to individuals or corporations the use of the streets, alleys and commons of said city, under such regulations, restrictions and conditions as they may deem proper. They are hereby authorized to make contracts with individuals or corporations erecting gas, electric light and water-works for the purpose of furnishing said city with lights and water, and may pay such amounts as purchase or rental as they may deem proper. They may make such regulations and pass such ordinancees as they may deem necessary for the protection of the owners of such works, and shall have exclusive jurisdiction over them. Whenever said mayor and aldermen shall contract for lights or water for the use of said city, they may, by ordinance, limit the rates to individual consumers. They may regulate the operation of such light or water-works and impose upon their owners such duties, obligations, and liabilities as they may deem just and reasonable for the proper protection of the citizens of the city and the municipal government. Light and water. SEC. LXIII. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power and authority to make such annual cost appropriations as they may deem necessary

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for the support of the Middle Georgia Military and Agricultural College and Eddy School, located in said city, and for the support of such school system as may be established in lieu of said school and college, or in addition thereto. They may appropriate such sums as they may deem proper for the erection or improvement of school buildings in said city and for providing necessary furniture therefor. Whenever it may be necessary to appropriate amounts for the purpose aforesaid greater than the amount on hand or that may accrue, and greater than the ordinary income will furnish, the said mayor and aldermen may order an election to increase the rate of taxation or to issue bonds under the provisions of the Constitution and laws of Georgia; provided, that the tax levy for the support of said schools now in force, heretofore authorized by vote of the people of said city, shall not be reduced. Appropriations for schools. SEC. LXIV. Be it further enacted, That the provisions of this charter may be pleaded and shall be a complete defense to any action brought against said mayor and aldermen, or either of them, for any act done, under and in accordance with the provisions and the ordinances passed in pursuance thereof. Mayor and aldermen, defense of. SEC. LXV. Be it further enacted, That all laws contained in the several Acts granting charter powers and privileges to said city, or the mayor and aldermen thereof, and the several acts amendatory thereof, and all ordinances or ordinance or any part, clause or section of any such Act or Acts now in force in said city which is not in conflict with this Act are hereby continued to be a part of the charter of said city, and are hereby declared of full force and effect. Existing laws. SEC. LXVI. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said city shall have the right to fix the cost to be paid the marshals and police of said city for any service which may be rendered by them in enforcing or executing the laws of said city under this charter or ordinances made in pursuance thereof. Fees of marshal and policemen. SEC. LXVII. Be 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, 1900.

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MORVEN, TOWN OF, INCORPORATED. No. 10. An Act to incorporate the town of Morven in the county of Brooks; to define the corporate limits thereof; to provide for a mayor and council; to prescribe their powers and duties, and the manner of their election; to establish a system of public schools for said town of Morven; to provide for the support of same by taxation and otherwise; to authorize and require the State School Commissioner to pay to the mayor and council of said town the pro rata of the State school fund to which said town would be entitled under the general law, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the town of Morven in the county of Brooks be, and the same is, hereby incorporated as a town, under the name of the town of Morven. Morven, town of, incorporated. SEC. II. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall be as follows: Three fourths of one mile in all directions from the center of the present depot of the South Georgia Railroad, at Morven, State of Georgia. Corporate limits. SEC. III. Be it further enacted by the authority aforesaid, That the municipal authorities of said town shall be a mayor and five councilmen, who are hereby constituted a body corporate, under the name and style of the town of Morven, and by that name and style shall have perpetual succession and a common seal, may sue and be sued, plead and be impleaded, purchase and hold such estate, real and personal, as may be necessary for the good order, government and welfare of said town, and sell, alien or lease such estate, real or personal, as may seem fit and proper to said mayor and council. Mayor and councilmen. SEC. IV. Be it further enacted by the authority aforesaid, That on the first Wednesday in January, 1901, and annually thereafter, an election shall be held for mayor and councilmen of said town, which election shall be held by a justice of the peace and two freeholders, or by three freeholders, residents of said town and not candidates in said election. The managers shall conduct all elections as nearly as practicable as elections for members of the General Assembly are conducted, except as herein

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otherwise provided. The polls at all elections shall be open at some convenient and accessible place in said town at 9 o'clock a. m., and be closed at 4 o'clock p. m. The managers at all elections shall take and subscribe before any officer authorized to administer an oath, and in the absence of such officer in the presence of each other, 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 Morven to hold the same; that we will make 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 divulge for whom any vote was cast, unless called upon under the law to do so; so help me, God. Within five days after said election the said managers shall issue to the newly elected mayor and councilmen, a certificate of election to each of the persons elected, showing to what office said person was elected. Elections. SEC. V. 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 before any officer authorized to administer oaths the following oath: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as mayor or councilmen, as the case may be, of the town of Morven, to the best of my ability; so help me, God. Mayor and councilmen, oath of. SEC. VI. Be it further enacted by the authority aforesaid, That after the first election held under the charter no person shall be allowed to vote in any election for said town who has not 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. Voters. SEC. VII. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk 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 o'clock m., and from 2 p. m. till 4 p. m. each day except Sundays and legal holidays, until five days before the election, when said book or books shall be closed. It shall be the duty of said clerk to administer to any person applying to register the following oath: You do solemnly swear that you are a citizen of the United States, that you will have resided in Georgia twelve months, and

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in the town of Morven sixty days by the date of the next town election; that you are twenty-one years old and have paid all taxes due the town of Morven, and that you have made all returns required of you by the ordinances of said town; so help you, God. Upon which said clerk shall register the name, age and occupation of said person. Said clerk shall, on the day of each election, furnish the election managers with a list of the registered voters in said town. Registration of SEC. VIII. 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 shall be punished as prescribed in section 1039 of volume III. of the Code of 1895 of this State. Illegal voting. SEC. IX. Be it further enacted by the authority aforesaid, That no person shall be eligible to the position of mayor and councilmen unless he is over the age of twenty-one, a citizen of the United States and of Georgia, and shall have resided in the town of Morven at least six months before his election. Mayor and councilmen, qualifications of SEC. X. Be it further enacted by the authority aforesaid, That said mayor and council shall have authority to elect a marshal and clerk, and to prescribe the duties of each; to fix their salaries and require of them such bond as they may deem necessary. Marshal and clerk. SEC. XI. Be it further enacted by the authority aforesaid, That the officers elected in said town of Morven shall hold their office until their successors are elected and qualified. Officers, terms of. SEC. XII. Be it further enacted by the authority aforesaid, That any vacancy that may occur from any cause in the office of mayor or councilmen shall be filled by appointment by the council among the citizens of the town eligible under the charter of the same. Vacancies. SEC. XIII. Be it further enacted by the authority aforesaid, That the mayor of said town shall receive such compensation for his services as may be fixed by the council, which shall not be increased or diminished during his term of office. Salaries. SEC. XIV. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power to make and pass all ordinances, by-laws, rules and regulations that may be 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. General welfare. SEC. XV. Be it further enacted by the authority aforesaid,

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That said mayor and council shall have power to levy a tax, not to exceed one half of one per cent. on all property, real or personal, subject to the State tax within the corporate limits of said town, for the purpose of paying the expense of said town and for the system of public schools hereinafter provided for. 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 thereof such commutation fee as said mayor and council may prescribe. Tax on property. Commutation tax. SEC. XVI. Be it further enacted by the authority aforesaid, That whenever anything for which State license is required is to be done within said town, the mayor and council may require a town license therefor, and may impose a tax thereon for the use of the town. They shall have power to license and regulate the management of hotels, private boarding-houses, livery stables, private and public transportation through the town; and in addition to the ad valorem tax provided for by law, to levy a tax on all billiard tables, tenpin or ninepin alleys and tables and alleys of any other kind used for the purpose of playing on with balls or pins, or both, within said town, and on all contrivances of whatever kind used for the purpose of playing on with balls or pins, or both, within said town, and on all contrivances of whatever kind used for the purpose of gaming or carrying on a game of chance, by selling cards, tickets or numbers, or by turning a reel or wheel, or by using any other artifice or contrivance. They shall also have power to tax all shows taxed by the laws of the State, which may exhibit within said town, and said mayor and council shall have full power to pass all ordinances necessary to carry into effect the provisions of this section. Licenses and special taxes. SEC. XVII. Be it further enacted by the authority aforesaid, That there shall be a lien on real estate within said town for the town taxes assessed thereon, and for all other fines and penalties assessed or imposed upon the owners thereof by the authorities of said town from the time the same are assessed, which shall have priority over all other liens, except for taxes due the State and county, and may be enforced in the same manner as now prescribed by law, for the enforcement of the liens for county taxes, or in such manner as the mayor and council may by ordinance prescribe. Liens for taxes, etc. SEC. XVIII. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power to provide for the arrest, trial and punishment of offenders against any ordinance, by-law or regulations of said town by fine, imprisonment or work on the streets of said town, one or more of said punishments;

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provided, said fine shall not exceed $25.00 and such imprisonment or time of labor shall not exceed thirty days. Police powers. SEC. XIX. Be it further enacted by the authority aforesaid, That said mayor and council shall have power to elect a mayor pro tem., who shall perform all the duties, and exercise all the powers of the mayor when from any cause the latter cannot be present to perform the duties of the office. Mayor pro tem. SEC. XX. Be it further enacted by the authority aforesaid, That said mayor and council shall have power to provide, by ordinance, for the collection of all taxes, moneys and fines due said town by execution to be issued by the mayor and executed by the marshal thereof. Municipal claims. SEC. XXI. Be it further enacted by the authority aforesaid, That the mayor shall have the power to try, sentence and punish all offenders against the laws of said town; to compel attendance of witnesses; to examine them under oath; to admit any offender to bail or commit him to the guard-house or county jail. Mayor's court. SEC. XXII. Be it further enacted by the authority aforesaid, That the mayor of said town shall be the chief executive officer thereof; he shall see that the orders, by-laws, ordinances, acts and resolutions of the mayor and council are faithfully executed; he shall be an ex officio justice of the peace within said town; and shall exercise all the powers vested by law in justices of the peace with reference to the penal laws; 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. Mayor executive officer and ex officio justice of the peace. SEC. XXIII. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have the right to provide for the annual return of property, both real and personal, for taxes by the citizens and taxpayers of said town, and shall have the right to supervise all the returns thus made and fix a just valuation on such property subject to taxation in said town; revise said returns and double tax all persons failing or refusing to make return of their property, as aforesaid. Tax returns. SEC. XXIV. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power to declare and abate nuisances. Nuisances. SEC. XXV. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power to issue bonds for public improvements in said town, subject to limitations and

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regulations in such cases provided by the general law of the State of Georgia. Bonds. SEC. XXVI. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have the power to devise, design and adopt a system of public instruction in said town and shall have exclusive jurisdiction of all the schools established under said system, and shall be authorized to modify the same from time to time, as circumstances may require; to appoint, remove or support teachers in said school, in their discretion; to fix salaries for such teachers; to prescribe a curriculum in said school; to make such by-laws, rules and regulations for the control and government of said schools as they think proper. Public schools. SEC. XXVII. Be it further enacted by the authority aforesaid, That it shall be the duty of said mayor and council to prepare and furnish the State School Commissioner each year a list of all the pupils in attendance on said schools entitled to the State school fund, and the said State School Commissioner shall pay over to said mayor and council such proportion of said educational fund as said pupils are entitled to under the general school law. State school fund SEC. XXVIII. 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 28, 1900. MOUNT AIRY, TOWN OF, CHARTER AMENDED. No. 144. An Act to amend section 3 of an Act to be entitled an Act to amend an Act assented to March 3, 1874, entitled an Act to incorporate the town of Mount Airy in Habersham county, approved September 18, 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 3 of an Act entitled an Act to amend an Act assented to March 3, 1874, entitled an Act to incorporate the town of Mount Airy in Habersham county, approved September 18, 1891, be amended by striking from fourth line thereof the words first Saturday in January, and inserting in lieu thereof the words last Saturday in December, so that said section 3, when amended,

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shall read as follows: Be it further enacted, That the present municipal officers of this town may hold their respective offices (unless legally removed) until the last Saturday in December, on which day, and annually thereafter on the last Saturday in December of each year, an election shall be held in said town for the mayor and five councilmen for said town, whose term of office shall be and until their successors are elected and qualified. Said election may be held by any justice of the peace or judicial notary of said county and two freeholders of said town, or by the mayor and two councilmen or freeholders of said town, who are not candidates for reelection. If said election is not held on the day above designated, it may be held on some subsequent day to be designated by the mayor, of which time he shall give ten days' notice. At such elections all persons shall have the right to vote who are entitled to vote for members of the General Assembly in said county, and have resided in said town so much as 90 days immediately preceding said election. The returns of said election shall be certified to by the mayor then in office. Mount Airy, mayor and councilmen, election of. SEC. II. Be it further enacted by the authority aforesaid, That all laws or parts of laws of the Act aforesaid, assented to March 3, 1874, inconsistent with the provisions of this Act, are hereby repealed, and all part of said Act not inconsistent with this are hereby declared of force in said town of Mount Airy. Approved December 18, 1900. MONTEZUMA, TOWN OF, CHARTER AMENDED. No. 102. An Act to amend the ninth (9th) section of an Act to incorporate the town of Montezuma in the county of Macon, approved October 24, 1887, so as to extend the corporate limits of said town. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, that an Act entitled an Act to incorporate the town of Montezuma in the county of Macon, approved October 24, 1887, shall be amended by striking out the words eight hundred and eighty-three (883) yards in every direction from the point where the Southwestern Railroad and Dooly street bisect each other; that said corporate limits

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shall include the premises now owned and occupied by J. B. Dykes, O. C. Cheves and W. D. Avera, in the ninth section of said Act, and inserting in lieu thereof, immediately after the words shall extend in the second line of section nine of said Act, the following words, to wit: in every direction thirteen hundred and twenty yards (1320) from the point where the Southwestern Railroad and Dooly street bisect each other; so that, when amended as aforesaid, said section nine of said Act shall read as follows: That the corporate limits of said town shall extend thirteen hundred and twenty yards in every direction from the point where the Southwestern Railroad and Dooly street bisect each other; provided, this section shall not be so construed as to subject the corporation aforesaid to the liability of keeping the bridge and turnpike or dirt embankment connected with the bridge, or either of them, erected over Beaver Creek within said corporate limits in repair, or subject the said corporation to rebuild the said bridge and embankment, or either of them, if the same should be removed or destroyed, or to be responsible, in any manner whatever, to keep them, or either of them, in repair, or be responsible, in any manner whatsoever, for any injury to any person or property that may arise or occur by them, or either of them, being or becoming out of repair. Montezuma, town of, corporate limits. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1900. MOULTRIE, CITY OF, CHARTER AMENDED. No. 23. An Act to amend the charter of the city of Moultrie, approved on December 16, 1895, and the various Acts amendatory thereof, by changing the term of office of the mayor and aldermen from one to two years, and prescribing the time, mode and manner of the election of each, 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 charter of the city of Moultrie and the Acts amendatory thereof be, and the same are, hereby amended, so that, beginning with the election of mayor and aldermen of said city to be held on the first Monday in October, (1901) nineteen hundred

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and one, as already prescribed by law, the term of office of the mayor of said city shall be two years instead of one, as heretofore. The mayor so elected shall qualify at the time and in the manner already prescribed and shall continue in office for the term of two (2) years, and until his successor is elected and qualified. Moultrie, city of. Mayor, term of office. SEC. II. Be it further enacted by the authority aforesaid, That the term of office of the aldermen of said city shall be for the term of two (2) years instead of one (1), as heretofore; but at the first election to be held on the first Monday in October, nineteen hundred and one (1901), the two (2) candidates for aldermen receiving the highest number of votes shall be declared elected for the term of two (2) years, and the three (3) aldermen receiving the next highest vote shall be declared elected for the term of one (1) year. Annually thereafter elections shall be held for aldermen to succeed the retiring aldermen, and the members so elected shall hold for the term of two (2) years and until their successors are elected and qualified. Aldermen, terms of office. SEC. III. Be it further enacted by the authority aforesaid, That all vacancies other than those caused by expiration of the terms of office in office of mayor or aldermen shall be filled by the remaining members of said board, the mayor voting only in case of a tie. The officer so elected to fill such vacancy shall qualify as already provided by the laws governing said city and shall continue in office until the next regular election on the first Monday in October following, when there shall be elected at said regular election his successor. Vacancies. SEC. IV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved November 30, 1900.

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NASHVILLE, CITY OF, INCORPORATED. No. 99. An Act to establish a new charter for the town of Nashville 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 elections of officers; to prescribe their duties, rights and powers, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the town of Nashville in Berrien county be, and the same is, hereby reincorporated under the name and style of the city of Nashville, and from and after the passage of this Act the several Acts incorporating the town of Nashville, as well as the Acts amendatory thereto, be so amended, superseded and changed as that the charter of the city of Nashville shall read as follows: The municipal government of the city of Nashville shall consist of a mayor and six aldermen, who are hereby constituted a body corporate under the name and style of the city of Nashville, 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 the United States; and with power in and by said corporate name to contract and be contracted with, sue and be sued, plead and be impleaded, in all the courts of this State, and do all other acts relating to its corporate capacity, and be able, in law, to purchase, hold, receive, enjoy, possess and retain for the use and benefit of the said city of Nashville any property, or for any term of years, any estate, real or personal, lands, tenements, hereditaments of whatever kind or nature so ever, within the limits or without the limits of said city, for corporate purposes, and hold all property and effects now belonging to the said city for the purposes and intents for which the same was granted or dedicated; to use, manage and improve, sell and convey, rent or lease, and have the like powers over property hereafter acquired, and to have and to use a common seal. All ordinances, rules and regulations heretofore adopted in said city and now in force shall continue in operation until the same are repealed, amended and

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condified by the mayor and aldermen, provided the same are not in conflict with the provisions of this Act. Nashville, city of, incorporated. Mayor and aldermen. SEC. II. Be it further enacted by the authority aforesaid, That the corporate limits of said city shall extend one half mile in every direction from the present court-house now located therein. Corporate limits. SEC. III. Be it further enacted, That on the second Tuesday in January, 1901, there shall be held in said city an election for mayor, who shall hold his office for one year, and until his successor is elected and qualified, and six aldermen, three of whom shall hold their offices for one year, and three of whom shall hold their offices for two years, and until their successors are elected and qualified. At said first election the voters shall designate upon their said ballots the three men they wish to hold for one year and the three they wish to hold for two years. At said first election all persons residing within the corporate limits aforesaid for six months, who would be entitled to vote for members of the General Assembly, shall be qualified electors. After said first election there shall be held annually, on the second Tuesday in January, an election for mayor and three aldermen. At such subsequent elections all persons who shall have been bona fide residents of said city for six months before the day of election, who, before registering as hereinafter required, have paid all taxes of every description legally imposed and demanded by authority of the city, who shall have been duly registered, as hereinafter provided, and who shall be qualified to vote for members of the General Assembly, shall be qualified electors. Such elections shall be conducted under the management of a justice of the peace and two freeholders, who are electors of said city and not candidates in said election; or, in the absence of a justice of the peace, any three freeholders, electors of said city, not candidates in said election, may manage the same. Said managers shall conduct elections as nearly as practicable as elections for members of the General Assembly are conducted. The polls as such elections shall be open at eight o'clock a.m. and closed at three o'clock p. m. After the first election under this charter the mayor and city council may appoint any three freeholders, or any two freeholders and a justice of the peace, who are electors of said city, to conduct said election. The managers shall each, before proceeding with the election, take and subscribe the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are qualified, by being freeholders or justices of the peace, to hold the same; that we

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will make a just and true return thereof, and not knowingly permit any one to vote unless we believe he is justly entitled to do so, according to the charter of this city, nor knowingly prohibit any one from voting who is so entitled; and we will not knowingly divulge for whom any vote was cast unless called upon to do so under the law; so help us, God. Said affidavit shall be signed by each superintendent or manager in the capacity in which he acts. Said oath shall be made and subscribed before some officer authorized to administer oaths, if any such be present; and if no such officer be present, said oath may be made and subscribed by each manager in the presence of others. The managers acting at first election under this charter shall issue a certificate of election to each of the persons elected, which shall be recorded on the records of said city. Said certificates shall be sufficient authority to the persons so elected to enter upon the discharge of their official duties, after qualification, as hereinafer provided. The managers of each subsequent election shall issue to the newly elected mayor and each of the aldermen elected a like certificate, and shall also certify the result of the election to the acting council, which last certificate shall be entered upon the records of said mayor and council. Said managers shall also furnish to the city council one of the tally sheets of said election certified by them as correct. Elections. Managers. Result, how declared. SEC. IV. Be it further enacted, That in the event the office of mayor or any one or more of the aldermen shall become vacant by death, removal, disqualification or other cause, the mayor, in case his office is vacant, the mayor pro tem., or the aldermen, if both said offices should be vacant, shall order an election, of which at least ten days' written notice shall be given by publication in some newspaper published in said city, or if there is no such newspaper, by posting the notice at three of the most public places in said city, to fill such vacancy or vacancies, said newly elected persons to fill unexpired terms only. Vacancies. SEC. V. Be it further enacted, That before entering upon the duties of their respective offices, the mayor and each alderman shall make and subscribe the following oath, which may be administered by any person qualified to administer oaths: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as mayor (or alderman, as the case may be) of the city of Nashville during my continuance in office, according to the best of my ability and understanding; so help me, God. Said oath shall be entered upon the records of said city. Mayor and aldermen, oath of.

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SEC. VI. Be it further enacted, That the mayor and aldermen shall elect annually at the first regular meeting of the city council in February a mayor pro tem. from the aldermen, whose duty it shall be to act in all cases in the absence or disqualification or sickness of the mayor, during which time he shall be clothed with all the necessary powers of the mayor, the city marshal, a clerk and treasurer, tax-assessor or assessors, and tax-collector, city attorney, and when the growth of the city may require additional police protection, such number of policemen as they may deem bestall of said officers for one year and until their successors are elected and qualified; provided, that any of said officers may be removed at any time by a majority vote of the mayor and city council for neglect of duty, incapacity or malfeasance in office. The mayor and city council may also appoint special policemen when in their judgment such appointment may be necessary, such policemen to be discharged when the emergency requiring their services has passed, and to be compensated as the mayor and council may determine; or the city council may by a general ordinance provide for the appointment at a fixed compensation per day, week or month of such special policemen by the mayor. While such special policemen are on duty they shall have the same authority in preserving order and be charged with duties as are prescribed for the regular policemen of the city. Mayor pro tem. and other municipal officers. SEC. VII. Be it further enacted, That after the first election held under this charter no person shall be allowed to vote in any election held in said city who has not been duly registered as hereinafter provided. Voters. SEC. VIII. Be it further enacted, That the clerk of the city council shall keep a book, to be labeled Registration Book of the city of Nashville, in which he shall register upon application, in alphabetical lists, keeping a separate list of white and colored voters, the names of all male persons who shall make and subscribe the following oath: I do solemnly swear that I am a citizen and qualified voter of the State of Georgia according to the Constitution and laws thereof, and that on the second Tuesday in January next I will have been a bona fide resident of the city of Nashville six months and have paid all taxes legally required of me by said city; sworn to and subscribed before me this day of , 19. Clerk T. C. Such registration books shall be kept open for the registration of voters fifty days preceding each election, when it shall be closed five days before each election. Said book shall be present at each election, in charge of the managers, and no persons whose names

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are not found thereon shall be allowed to vote. The clerk shall have such compensation for keeping registration books as the council shall allow, not to exceed five cents per name. Registration of voters. Illegal voting SEC. IX. Be it further enacted, That any person voting at any city election who is not qualified to vote according to the provisions of this charter shall be guilty of a misdemeanor, and upon conviction thereof in the Superior Court or County Court of Berrien county, he shall be punished as prescribed in section 1039 of the Penal Code of this State of 1895. Illegal voting. SEC. X. Be it further enacted, That any person qualified to vote at said city election as above provided for, and eligible to hold office according to the Constitution and laws of this State, shall be eligible to hold any office in said city. Eligibility. SEC. XI. Be it further enacted, That the salaries of all officers of the city of Nashville shall be fixed by the mayor and council at the first regular meeting in February of each year, which salaries shall not be diminished or increased during the term of office of said officers. Salaries. SEC. XII. Be it further enacted, That the present mayor and city council shall hold their term of office until their successors are elected and qualified. SEC. XIII. Be it further enacted, That a majority of the aldermen shall constitute a quorum for the transaction of business, but in all cases a less number may adjourn from time to time and may compel the attendance of absentees. Any alderman shall have the right to call for the ayes and nays, and have the same recorded on the minutes in all cases. The mayor shall have no vote except in case of a tie. Quorum. SEC. XIV. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the city government the mayor and city council of Nashville shall have full power and authority and shall prescribe by ordinance for the assessment, levy and collection of any ad valorem tax on all real and personal property within the corporate limits of said city; to defray the ordinary annual expenses of the city government, a tax not to exceed one half of one per centum.; to maintain a system of schools, as now established by law, a tax not to exceed one half of one per centum; and to pay any other extraordinary expense of the city government, such tax not to exceed one half of one per cent., as may be necessary, in the discretion of the mayor and city council of the city of Nashville. Ad valorem tax. SEC. XV. Be it further enacted, That the mayor and city council shall have full and absolute power and control over the sale of

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whiskies, beer, cider, intoxicating bitters or other intoxicants, of all kinds and description, whether fermented or distilled, sold in said town, or kept for the purpose of sale, distribution or for any purpose whatever, and make such needful rules and regulation as are necessary to carry into effect the provisions of this Act; provided, that no license shall be granted to any person to sell liquors in said town or city for a space of less than twelve months, or for a less sum than ten thousand dollars, to be charged for said license and paid in advance by the person applying for said license. Said person so applying for said license to sell liquor in said city shall present at the time of the application for same a petition, signed by a majority of the freeholders residing in said city, showing his fitness to hold said license and asking the granting of same by council. And the mayor and city council shall have full power and authority to impose penalties upon persons selling such liquors without license or for violating any of the city ordinances regulating the sale of same; provided, that this section of this Act shall obtain and be of force so long as it is legal to grant license to sell liquor in Berrien county, and no longer. Liquor, sale of. SEC. XVI. Be it further enacted, That the mayor and city council of Nashville shall have power and authority to license, regulate and control all taverns, hotels, cafes, restaurants, boarding-houses, livery stables, hacks, drays and other vehicles, auctioneers, vendue-masters, itinerant traders, theatrical performances, shows, circuses, exhibitions of all kinds, itinerant lightning-rod dealers, emigrant agents, clock and stove peddlers, peddlers of all kinds, itinerant dealers in jewelry, and all other traveling and itinerant vendors of articles, goods, wares and merchandise of every nature whatsoever; every keeper of a pool, billiard or bagatelle table kept for the public use; every keeper of a shooting gallery, ninepin or tenpin alley; upon the keeper of any other table, stand or place for the performance of any game or play, whether played with sticks or balls, rings or other contrivances; upon the keeper of flying horses, bicycles, velocipedes or skating-rink, insurance agents, life and fire insurance companies, brokers, dealers in futures, loan agents, agents for any other business or calling whatever; keeper of slaughter houses, beef markets, green groceries, dealers in fish, oysters, vegetables, fruits, bread and other articles of food; upon every pawnbroker, and upon all establishments, business, callings or avocations not hereinbefore mentioned, and which, under the laws and Constitution of the State of Georgia, are subject to license. Licenses.

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SEC. XVII. Be it further enacted, That the mayor and city council of Nashville shall have power to levy and collect a street tax, not to exceed five dollars, upon each and every male person between the ages of sixteen and fifty years of age, except licensed ministers of the gospel who are in the regular discharge of their regular ministerial duty and in charge of one or more churches, and except all persons who have lost one arm or leg; provided, that all persons so taxed shall have opportunity to work the streets of said city and may relieve themselves of said tax by working on the streets, not exceeding fifteen days in each year, under the direction or control of the city marshal, or other officer of said city; that upon the non-payment of said street tax or failure to work on the streets as provided in this section, the person so offending, after five days' notice, may be sentenced by the mayor to work upon the streets of said city for and during the term of not exceeding fifteen days, under the direction and control of the city marshal, or to confinement in the guard-house for a term not exceeding ten days, in the discretion of the mayor. Street tax. SEC. XVIII. Be it further enacted, That said mayor and aldermen shall have full power and authority to remove or cause to be removed all buildings, porches, steps, fences or other obstructions or nuisances in the public streets, lanes, alleys or public sidewalks in said city; they shall have power if necessary to establish a market or markets in said city, to regulate all butcher pens, slaughter houses, tan-yards livery stables, blackmith shops, forges and chimneys, steam sawmills, steam grist mills, mill-ponds, fish-ponds and steam gins within said city, and remove or cause to be removed the same or any of them in case they become nuisances, dangerous or injurious to the health of the city; they shall have power also to fill up all pits, cellars or excavations in said city, or cause the owners to do so, when they shall deem it necessary for the public interest to have same done; they shall also have the power to regulate and control all public pumps and wells, fire companies and engines or any other apparatus of like character in said city; they shall have power to remove or caused to be removed all dilapidated or unsafe buildings, fences, chimneys, etc., which may be considered nuisances or considered dangerous. Nuisances, etc. SEC. XIX. Be it further enacted, That the mayor and aldermen shall have power and authority to open, lay out, widen, straighten or otherwise change the streets and alleys of said city, and to improve and light the same, and shall have power to lay

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off, vacate, close up, alter, open, curb, pave, drain and repair the roads, streets, bridges, sidewalks, cross-tracks, drains and gutters for the use of the public or any citizen of said city; they shall also have the power to compel the owners or lessees of property to pave or otherwise keep in good condition, as they may direct, the sidewalks in front of such property. Should any owner or lessee fail to comply with any ordinance passed for such purpose the work may be done by the city, and the expense attending the same collected by execution issued against said owner or lessee. They shall have power also to protect places of public worship, provide places for burial of the dead, and to regulate interments therein; to regulate the keeping of gunpowder and other combustibles and explosives; to make regulations guarding against fire; to establish fire limits, and from time to time enlarge and restrict the same. They shall also have power to provide lay out, improve and maintain public parks or pleasure grounds, and have complete authority and jurisdiction over the same. They shall also have authority and power to grant franchises for waterworks, gas works, electric lights, telegraph and telephone lines through the streets and alleys of said city upon such terms and conditions as said mayor and city council may by ordinance prescribe. Streets, etc. Municipal powers. SEC. XX. Be it further enacted, That the mayor and city council shall have power in the opening of any new streets in said city, or in altering or extending any street, to condemn private property upon the following conditions: If the owner of the property to be affected claims that he will be damaged thereby, and if such owner and the mayor and council are unable to agree as to the amount thereof, the mayor and council shall select one intelligent freeholder of said town and the owner of said property shall select one such person, or if he shall fail or refuse to make such selection within five days after having been notified by the mayor and council of their selection, then it shall be the duty of the justice of the peace of the milita district in which the land may lie to select some intelligent and upright citizen, freeholder aforesaid, and it shall be the duty of the two persons selected to select a third intelligent and upright citizens of said city, and it shall then be the duty of said three persons to assess the damage sustained by the owner of said land, taking into consideration the enhanced value, if any, to the property by reason of public improvement, and either party may appeal from the award of said arbitrators to the Superior Court of said county; provided, that the mayor and council, upon payment or tender to the owner or his agent of any sum found by said arbitrators,

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shall have the right to proceed to open, alter or straighten said street, notwithstanding said appeal, upon giving bond and security to pay any other future damages that may be recovered on appeal. Condemnation of property. SEC. XXI. Be it further enacted, That should any person fail or refuse to pay the city tax or license, or tax and license imposed by the city authorities according to this charter within the time allowed or prescribed by the ordinances of said city, the clerk shall issue an execution against said delinquent for the amount due by him to said city, which shall bear test in the name of the mayor and clerk of said city. Said execution shall bind all property that said defaulting taxpayer owns in said city for the year for which said taxes are due; said execution shall be directed and enforced by the marshal of said city, who, after levying the same upon the property of said defaulting taxpayer, shall, if the property levied upon be personal property, advertise for sale by posting notice thereof in three or more public places in said city for ten days before the day of sale, and if the property levied upon be real estate he shall advertise the same once a week for four weeks in the public gazette wherein the sheriff's sales for Berrien county are advertised or some other newspaper published in said city, before selling the same. All sales under such execution shall be made by the city marshal before the door of the court-house or city hall, or such place as the mayor may direct, notice of which place and time of sale shall be contained in the advertisement. The property levied upon shall be sold by the marshal at public outcry, under the laws of sheriff's sales to the highest bidder. When personal property is sold the marshal shall deliver possession thereof on the spot to the purchaser; when real estate is sold the marshal shall make to the purchaser a deed, which shall be effectual in passing the title as the deed of the person against whom the execution issued, and it shall be the duty of such marshall, upon application of the purchaser or his agent, to put in possession said purchaser or his agent of the real estate sold; provided, said marshal shall not be authorized to turn out any other person than such delinquent taxpayer, his heirs, tenants or assigns. The clerk shall be entitled to fifty cents for each fi. fa. issued, and the marshal be entitled to the same fees for the levies as are by the law allowed a bailiff in the State, and the same fees for selling as are received by the sheriffs in this State. Municipal claims, execution for. Sales. SEC. XXII. Be it further enacted, That said mayor and aldermen shall have power and authority to build and provide a council chamber; to establish and provide by regulations for a

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city guard-house, in which to confine for punishment, when necessary, persons sentenced by the mayor for violating any of the city ordinances or any of the penal sections of this charter, for safe detention of any disorderly persons, and all persons committing or attempting to commit crime, and the marshal or any policeman of said city shall have the right to take up disorderly persons and all persons committing or attempting to commit any crime and confine them in the guard-house to await their trial. Council chamber and guard-house. SEC. XXIII. Be it further enacted, That the mayor and aldermen of said city shall be bound to keep the peace, and for this purpose shall be ex officio justice of the peace, so as to enable them, or either of them, to issue warrants for offenses committed within the jurisdiction of the city, and shall have power on examination to commit the offender or offenders to the guard-house offense be bailable, to appear before the proper court of said in the city, or to the jail in Berrien county, or to bail them, if the county for trial. Mayor and aldermen ex officio justices of the peace. SEC. XXIV. Be it further enacted, That the mayor of said city, or the mayor pro tem. when acting as mayor, shall have power and authority to hold a police court for the trial and punishment of all violators of the ordinances, rules and regulations of said city, and upon conviction punish said offenders by a fine not to exceed one hundred dollars ($100) and costs, or by labor on the streets or public works of said city, under the control and direction of the proper officers, not to exceed ninety (90) days, or by confinement in the guard-house not to exceed sixty (60) days; provided, that the mayor of city or the mayor pro tem. shall have power and authority to hold a police court for all violators of the liquor ordinances, rules and regulations of said city governing the sale of liquors in said city, or for the sale of liquors without license as required by this charter, and upon conviction to punish said offenders by a fine not to exceed one thousand dollars, or by labor on the streets or public works of said city under the control and direction of the proper officers, not to exceed twelve months, any one or all of these punishments in the discretion of the mayor or mayor pro tem., when proceeding in such police court, shall have power to punish for contempt by fine not to exceed ten dollars ($10), or confinement in the guard-house not to exceed five days. The mayor who presides in said police court may call said court when he may deem it necessary to clear the guard-house or the dockets of said court. In the absence of the mayor or mayor pro tem. any alderman of the city shall have power to hold police court. Police court.

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SEC. XXV. Be it further enacted, That whenever any execution issued by the proper authority of said city for fines, forfeitures, taxes, licenses or any duty or demand due the said corporations, shall be levied on any property claimed by another person not a party to the execution, said claim shall be investigated under the same rules, regulations and restrictions as regulate claim cases under the laws of this State, and the said claim shall be tried by a jury in the first justice's court or Superior Court having jurisdiction thereof, as the case may be. Claims. SEC. XXVI. Be it further enacted, That the mayor and aldermen shall prescribe by ordinance the time and manner in which the officer or officers to whom all property, occupations, etc., shall be returned for taxation by said city, and it shall be the duty of the assessor or assessors to value the real estate for said city for taxation, and to scrutinize carefully each return of property, real or personal, by any taxpayer in the said city, and if in his or their judgment they shall find the property embraced in the return, or any portion of it, returned below its value, said assessor or assessors shall assess the value thereof within fifteen days or such other time as may be prescribed by the mayor and aldermen, when the assessor or assessors shall raise the valuation at which the taxpayer has returned his property. Said assessor or assessors shall give him written notice of their assessment, and it shall be the taxpayer's privilege, if dissatisfied with the assessment, to appeal to the mayor and aldermen, under such rules and regulations as they may prescribe. Tax returns. SEC. XXVII. Be it further enacted, That should a board of health be appointed by said mayor and aldermen, they shall meet once a month, or as often as may be necessary, to visit any part of the city, and to report in writing to the mayor and aldermen all nuisances likely to damage the health of the city or of any neighborhood. Said mayor and aldermen shall have power, on report of the board of health, to cause such nuisances to be abated, and the recommendation of the board to be carried out in a summary manner at the expense of the party whose acts caused the said nuisance, or of the owner of the premises, as the mayor and aldermen shall elect. Said mayor and aldermen shall have power and authority, upon the recommendation of the board of health, to cause the owners of lots and parcels of land in said city to drain the same, or to fill the same to the level of the streets or the lands upon which they front, or to drain any pool of water thereon; also, to compel the owner or owners of cellars occasionally holding water to cause the same to be emptied of the water, to fill up the same if necessary, and in case the owner or owners of said lot or

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lots, or parcel or parcels of land shall fail or refuse, after reasonable notice to him or his agent, to comply with the requirements of said mayor and aldermen by filling up the said lots or parcels of land, or by draining the same, or by draining any pool of water thereon, or by emptying or filling up such cellar, it shall be lawful for such mayor and aldermen to cause the same to be done, and for the amount expended for this purpose the clerk shall forthwith issue an execution against the owner of said property, to be collected from said lot or parcel of land, and the sale under the marshal shall pass the title to said property as completely to the purchaser as the sale under the judgment or execution by the sheriff of said county. They shall also have authority, upon the recommendation of the board of health, to make and enforce for any length of time such rules and regulations as they may deem proper to prevent the introduction into said city of any infections or contagious disease or to isolate, localize, or prevent the spread or increase of the same when found in the city. The power and authority conferred in this section may be exercised by the mayor and aldermen in their discretion, without the recommendationn of said board of health, if at the time no such board exists in the city. The said mayor and aldermen shall have power and authority, at any time, to fill any vacancy that may occur in said board of health. Board of health. SEC. XXVIII. Be it further enacted, That it shall not be lawful for the mayor or any aldermen of said city to be interested, either directly or indirectly, in any contract with the city of Nashville, having for its object the improvement of the city or any part thereof, and in the expenditure of its money, and for the violation of this section by the mayor or any aldermen of said city the offender shall be, on conviction, punished as in other misdemeanor cases as prescribed by the Code of this State. Municipal contracts. SEC. XXIX. Be it further enacted, That all warrants, summons and precepts issued by the mayor or aldermen of the city of Nashville, or by the clerk, bearing test in the name of said mayor and aldermen, shall be directed to the marshal or police of said city, and the said mayor and aldermen shall have the power to issue subp[oelig]nas or cause the same to be issued by the clerk, to compel the attendance of parties or witnesses to the mayor's court and the meeting of said mayor and aldermen. The said mayor and aldermen shall have full power and authority to take and receive from all parties and witnesses such bond as they may deem necessary to secure the attendance of said witnesses and parties, and to pass all ordinances to carry their behest into effect; to forfeit and collect said bonds in the same manner that such bonds are forfeited in the Superior Courts of this State. Mayor's court.

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SEC. XXX. Be it further enacted, That the mayor and aldermen shall have full power and authority in their discretion to organize a city chain-gang in the said city, under the same rules and regulations as may be adopted by the said mayor and aldermen and to cause all offenders against the laws and ordinances of said city to work in the said chain-gang on the streets and public works of said city, as said mayor and aldermen may direct, and that said mayor and aldermen shall have power and authority to work criminal convicts in the said chain-gang agreeable to the laws of this State. Chaingang. SEC. XXXI. Be it further enacted, That said mayor and aldermen shall have full power and authority to take up and impound any horses, mules, cattle or hogs, running at large within the limits of said city, and to regulate and control the keeping of dogs in said city, and to provide for impounding and disposing of same, and to pass all such ordinances as may be deemed necessary for carrying out the provisions of this section. Animals, pounds for. SEC. XXXII. Be it further enacted, That the said mayor and aldermen shall cause the entire police force of said city to be uniformed and armed as to be readily recognized by the public as peace officers. Police, arms and uniforms for. SEC. XXXIII. Be it further enacted, That the mayor and city council of Nashville shall have full power and authority to establish and maintain a system of water-works and sanitary sewerage for said city, and to compel lot owners to connect with said sewers, and may purchase or condemn any property within or without the city that may be necessary for either of said public works. In case it shall become necessary to condemn any property under this section or for any other public work, the proceedings shall be the same as in section 20 of this charter. Water-works. SEC. XXXIV. Be it further enacted, That the mayor and council of Nashville shall have power and authority to fix and establish fire limits, and from time to time to enlarge, restrict or change the same; to provide a fire department and a system of fire alarms, within which fire limits are established. It shall not be lawful for any one to build or cause to be built other than fireproof buildings, except by special permission of said mayor and council of Nashville, which must be unanimous; and in case of an offense against ordinances passed in pursuance of this Act, the said mayor and council of Nashville, after five days' notice given, shall cause the said non-fire-proof building to be removed at the expense of the owners or builders thereof, to be collected by execution as other executions issued by the city, and the said mayor and

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council shall have the right to determine what are or what are not fire-proof buildings. Fire limits SEC. XXXV. Be it further enacted, That said mayor and aldermen shall have full power and authority, as may be determined by a vote of two thirds of the qualified voters of said city, to devise, design and adopt a thorough system of public instructions in said city, and shall have exclusive jurisdiction over all the schools established under said system, and modify the same from time to time as circumstances may require; to establish such schools as they may deem proper, not exceeding one for the white race and one for the colored race; no white child shall attend a colored school, and no colored child shall attend a white school; to appoint, remove or suspend teachers in their discretion; to fix salaries for teachers; to prescribe a curriculum or course of study; to make such by-laws, rules or regulations for the control of said schools as they may think proper; and to do all lawful acts conducive to the proper and successful operation of said school system. Public schools. SEC. XXXVI. Be it further enacted, That it shall be the duty of said mayor and aldermen to have prepared and furnished to the State School Commissioner each year a list or census of all the pupils residing in said city entitled to the State school fund, and said State School Commissioner shall pay over to said mayor and council such proportion of said educational fund as said pupils are entitled to under the rules of distribution. State school fund SEC. XXXVII. Be it further enacted, That said mayor and city council shall have power and authority to contract debts and issue bonds of said city under and in accordance with limitations provided in the Constitution of this State, and the general laws applicable to municipalities, and with the funds arising from the sale of any bonds thus issued may refund any existing debts, establish and maintain a system of water-works, gas works, a system of electric lights, telegraph, telephone, and a street railway system, or they may grant franchises to any person or persons, firm or corporation, to purchase, acquire, erect, own, operate, manage and control water-works, gas works, electric lights, telegraph, telephone or street railway system. They shall also have authority to erect public buildings or any improvement, convenient or necessary, for the use of the citizens of said city, and to create a debt and issue bonds of said city for any purpose under the limitations herein stated. Municipal [Illegible Text] and bonds. SEC. XXXVIII. Be it furthe enacted, That the mayor and city council of Nashville shall have power to remove any forge or smith shop when in its opinion it shall be necessary to insure

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safety against fire; they shall have power to cause any stove, stovepipe or other things which shall endanger the city as to fire to be removed or remedied at the expense of the owner, as its prudence shall dictate. Dangerous structures. SEC. XXXIX. Be it further enacted, That should the mayor or any alderman while in office be guilty of any wilful neglect, malpractice or abuse of power, he shall be subject to be indicted before the Superior Court of Berrien county, and on conviction shall be fined in a sum not to exceed ($200.00) two hundred dollars or imprisonment not exceeding six (6) months. Malpractice. SEC. XL. Be it further enacted, That it shall be the duty of the marshal of said city to prosecute all offenders against the laws of this State for crimes committed within the limits of the city of Nashville. It shall be his duty to arrest or cause to be arrested all disorderly persons, all persons committing or attempting to commit any crime, and to commit them to the guard-house or other place of confinement to await trial. It shall further be his duty to execute all processes and orders of the city, and to discharge any other duties imposed upon him by the laws, ordinances, rules and regulations of said city. Marshal, duties of. SEC. XLI. Be it further enacted, That the clerk and treasurer shall be custodian of the funds of said city, and shall be the keeper of the records thereof, shall be the clerk of the mayor's court, shall issue all processes and shall discharge all duties that may be required of him by the laws, ordinances, rules, regulations and resolutions of the mayor and city council of the city of Nashville. Upon conviction for neglect of duty or any abuse of power conferred upon them, they shall be indicted before the superior court, as prescribed in section 39 of this charter. And they, as well as all other special officers of said city, shall, before entering upon the discharge of their duties, take and subscribe an oath for the faithful performance of the duties of their respective offices, and they shall each enter into bond, with good security, payable to the city of Nashville, in such amount as may be fixed by the mayor and aldermen, for the full performance of their duties. Clerk and treasurer, duties of. SEC. XLII. Be it further enacted, That any person who may be convicted before the mayor's court shall have the right to appeal from the judgment of the mayor's court to the mayor and city council of Nashville, and shall have a right to give bond and security in such sum as may be fixed by the mayor for his appearance before the mayor and city council of Nashville. The mayor

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and council of Nashville shall try all appeals de novo, and may, in their discretion, affirm the judgment of the mayor, reduce or increase the punishment or acquit the defendant. Appeals from mayor's court. SEC. XLIII. Be it further enacted, That any person who may be convicted before the mayor and city council of Nashville may, by giving notice of his intention to certiorari, suspend the judgment, and may be released from custody at once upon giving bond with good security in such sum as may be fixed by said mayor for his appearance; provided, all certioraris from said court shall be sued out, sanctioned and filed within thirty days from the judgment; and provided, no such certiorari shall issue until all costs shall have been paid or an affidavit be made by the defendant showing his inability to pay same. Certiorari. SEC. XLIV. Be it further enacted, That any of the officers of the said corporation who may be sued for any act done in his or their official capacity may be justified under this charter, and that the provisions of this charter may be pleaded and shall be a full defense to any action brought against the mayor and aldermen of the city, or either of them, for any act or acts done by them or either of them under and in accordance with its provisions and in accordance with the ordinances passed in pursuance thereto. Officers, acts of, how justified. SEC. XLV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1900.

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OAKFIELD, TOWN OF, INCORPORATED. No. 46. An Act to incorporate the town of Oakfield in Worth county, Ga.; to define the corporate limits of said town; to provide for the election of a mayor and five aldermen, and other town officers for the government thereof; to confer certain powers on the municipal authorities of said town, and to provide penalties for the violation of ordinances passed by said mayor and aldermen; to limit the rate of taxation to one half of one per cent.; to regulate the sale of merchandise and other commodities; to construct and maintain a system of sewerage and water-works; to regulate fire, police and sanitary protection; to raise revenue by taxation and special license or otherwise to defray the expenses of the town government; to grant franchises that may be necessary, and to provide for the laying off the 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 the State of Georgia, That the town of Oakfield in the county of Worth be, and the same is, hereby incorporated as a town under the name of the town of Oakfield. Oakfield, town of, incorporated. SEC. II. Be it further enacted, That the corporate limits of said town shall be as follows: beginning at the Albany and Northern Railway Company's depot in said town and extending one half mile from said depot in every direction. Corporate limits. SEC. III. Be it further enacted, That the municipal government of said town shall consist of a mayor and five aldermen, who are hereby constituted a body corporate under the name and style of the mayor and council of the town of Oakfield, and by that name and style shall have perpetual succession, and by that name shall be capable to sue and be sued in any court of law or equity in this State, to plead and be impleaded, and to do all other acts relating to their corporate capacity, and shall be capable in law to purchase, hold, receive, enjoy and possess, to retain to themselves and their successors for the sole use and benefit of the said town of Oakfield, in perpetuity or for a term of years, any estate, real or personal, within the limits of said town, and sell, exchange or lease the same in any way whatever. Mayor and aldermen. SEC. IV. Be it further enacted, That S. R. Harris be, and is, hereby appointed mayor, and J. L. Wallace, A. L. Pickel, J. E.

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Campbell, M. B. Mathews and J. E. Jackson be, and they are, hereby appointed aldermen of said town of Oakfield, to hold their offices until the first annual election as hereinafter provided. Appointed. SEC. V. Be it further enacted, That on the second Tuesday in January, 1901, and each year thereafter on said day, an election shall be held in the council chamber of said town for a mayor and aldermen. Three of said aldermen shall 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 no one shall be eligible to the office of mayor or alderman nor to vote for said officers who are not qualified to vote for members of the General Assembly of this State, and who have not resided in said town for three months just previous to said election. Said election shall be held and conducted in the same manner as election 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 office to which they have been elected. The returns of the elections shall be made to the mayor and council of said town. In the event that the office of mayor or any of the board of aldermen shall become vacant by death, resignation, removal or other cause, the mayor, or in case his office is vacant, a majority of the eldermen, shall order a new election to fill said vacancy, notice of which shall be given at least twenty days before said eleection is held, the same to be conducted as provided in this Act supra. Election. Vacancies. SEC. VI. Be it further enacted, That before entering upon the discharge of their duties the mayor and aldermen shall subscribe to the following oath: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as mayor or alderman, as the case may be, of the town of Oakfield in Worth county, Georgia, according to the best of my ability and understanding; so help me, God; which oath may be administered by any person authorized by the laws of this State to administer oaths. Oath. SEC. VII. Be it further enacted, That said mayor and aldermen shall have power and authority to elect such marshal, secretaries, treasurer and other subordinate officers as they may deem necessary for the proper carrying on the powers herein granted, and to prescribe the duties and compensation of said officers, and to require of them such bond as they may deem necessary. Officers. SEC. VIII. Be it further enacted, That said mayor and aldermen shall have power to make and pass all ordinances, by-laws, rules and regulations that they may deem necessary for the good government, peace, order and health of said town, and for the enforcement of all powers herein granted; provided, they are not repugnant to

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the Constitution of the State of Georgia or the Constitution of the United States. General welfare. SEC. IX. Be it further enacted, That said mayor and aldermen shall have power and authority to enact all ordinances necessary to carry into effect the powers herein granted, or that may be necessary to suppress, vice or immorality in said town, or that may be necessary to foster virtue, intelligence or good morals in said town. And they shall have the authority to enforce the observance of their ordinances by fine, imprisonment or work on the streets, alleys, sidewalks, public drives or other public property of said town. That either, any or all of said penalties may be imposed in the discretion of said mayor and aldermen, but that no fine imposed shall be for more than fifty dollars. Confinement shall be in the guard-house of said town, and not longer than for thirty days. The penalty for working on streets and other public property of said town shall be in no event for more than thirty days. General powers. Penalties. SEC. X. Be it further enacted, That said mayor and aldermen shall have exclusive jurisdiction over the streets, alleys, sidewalks, drives and other public property of said town, to keep the same in good order and to remove all obstructions on the same at the cost of the person causing the obstruction. Streets. SEC. XI. Be it further enacted, That said mayor and aldermen shall have power and authority to construct and maintain a system of sewerage and water-works for the benefit of said town, and to regulate fire, police and sanitary protection as they may deem proper. Water-works, etc. SEC. XII. Be it further enacted, That said mayor and aldermen shall raise revenue necessary to defray the expenses of said town government by taxation and license, and that the taxation for said purposes on both realty and personalty shall not exceed one half of one per cent.; that they shall have power to regulate the sale of merchandise and other commodities in said town by taxation and special license to defray the expenses of the town government, and said corporate authority shall have power and authority to tax all shows and exhibitions which may exhibit within the corporate limits in said town in a sum not exceeding that of the State tax, and to prohibit the same altogether when they deem it best for the financial or moral influence of said town. They shall also have power and authority to require all persons subject to road duty under the laws of this State, who reside within the corporate limits of said town, to work on the streets, alleys, sidewalks, drives or other public property of said town, not exceeding each fifteen days per annum, but they may receive in lieu of said work such commutation fee or tax

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as they may prescribe, but said tax in no event to be more than one dollar per day for each day required to work on said public works. Taxes. SEC. XIII. Be it further enacted, That said mayor and council shall have authority to grant franchises when they deem it to the best interest of said town, and that said aldermen shall have power and authority to elect from their number a mayor pro tem. to act in the absence of the mayor, or when for any reason the mayor can not act. That said mayor and aldermen shall have power by ordinances for collection of taxes or fines or other moneys due said town by execution to be issued by the mayor, and to be levied and sold by the marshal thereof in the same manner as prescribed by the laws of this State for constable sales, as to personalty, and in the same manner as the laws of this State prescribed for sheriff's sales as to realty. Franchises Mayor pro tem. Municipal claims, execution for. SEC. XIV. Be it further enacted, That the mayor and the mayor pro tem. of said town shall be ex officio justice of the peace in criminal matters and shall have authority to issue warrants for any offense committed against the laws of this State committed in the corporate limits of said town, and shall have power to compel the attendance of witnesses, to examine them on oath and to admit to bail for any offense where the offense is bailable under the laws of said State of justices of the peace, or to commit to the common jail of said county in default of bail. Mayor and mayor pro tem. ex officio justices of the peace. SEC. XV. Be it further enacted, That the mayor of said town shall be the chief executive officer. He shall see that the ordinances, by-laws, rules and regulations of the council are faithfully executed, and shall have control of the police of said town, and may appoint special police when he may deem it necessary; he shall also, in concurrence with the aldermen, have the power and authority to fix the bonds and salaries for all subordinate officers of said town. Mayor executive officer. SEC. XVI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 6, 1900.

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OGLETHORPE, TOWN OF, INCORPORATED. No. 14. An Act to incorporate the town of Oglethorpe in the county of Macon; to define its limits; to provide for a mayor and five councilmen and other officers of said town; to prescribe their powers and duties; to provide for the making of all laws, rules, regulations and ordinances 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 Georgia, That the town of Oglethorpe in the county of Macon be, and the same is, hereby incorporated as a town under the name of the town of Oglethorpe. The corporate powers of said town shall be vested in a mayor and five councilmen, and by the name of the mayor and council of the town of Oglethorpe they may sue and be sued, plead and be impleaded and exercise all other corporate powers that may be necessary in performing their duties. Oglethorpe town of, incorporated SEC. II. Be it further enacted by authority of same, That the corporate limits of said town shall extend three fourths of a mile in every direction from a center at the intersection of Baker and Cuyler streets of said town of Oglethorpe. Corporate limits. SEC. III. Be it further enacted by the authority aforesaid, That H. M. Kaigler be, and he is, hereby appointed mayor, and S. T. Lofley, M. N. Childs, E. W. Shealy, D. P. Coogle and C. A. Greer be, and they are, hereby appointed councilmen of said town of Oglethorpe, to hold their offices until the first annual election as hereinafter provided and their successors are qualified. Mayor and councilmen appointed. SEC. IV. Be it further enacted by the authority aforesaid, That an election shall be held in said town on the first Thursday in December, 1900, and annually thereafter for a mayor and five councilmen, to serve for one year, and until their successors are elected and qualified; said election to be held in said town under the supervision of a justice of the peace and two freeholders residents of said town, or under the supervision of three freeholders, all of whom shall be residents. The polls shall be opened by 9 o'clock a. m. and closed at 3 o'clock p. m., standard time. No one shall be entitled to vote in said election or any municipal election in said town unless he is a duly registered voter of said town; said elections to be conducted in all respects as elections for members of the General Assembly in said State, except that only two lists of voters

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and two tally sheets need be kept, and except also as hereinafter provided. Elections. SEC. V. Be it further enacted by the authority aforesaid, That the clerk of said town shall be ex officio registrar of said town, and shall open his books of registration thirty days before each regular or special 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 5 o'clock p. m. each and every day except Sundays and legal holidays, until five days before the election, when said book or books shall be fairly and absolutely closed. When applying for registration each and every person shall take and subscribe the following oath, which said clerk is hereby authorized to administer, to wit: You do solemnly swear that you have attained the age of twenty-one years; that you are a citizen of the United States; that you have resided in the State for the past twelve months, and in the county of Macon for the past six months; that you have paid all State and county taxes required of you since the adoption of the Constitution of 1877; that you have never been convicted of a felony or larceny; that you have resided in the corporate limits of the town of Oglethorpe for the past sixty days and have paid all taxes legally required of you, and have considered this town your home for that length of time; so help you, God. Any person who shall take the said oath and swear falsely in so doing, shall be guilty of false swearing and shall, on conviction therefor, be punished as prescribed by the statute in such case made. Said registrar shall furnish the superintendents of elections with at least one copy of said lists alphabetically arranged before time for opening of the polls. No candidate for any town office shall be eligible as a superintendent or manager of said election. Registration of voters. SEC. VI. Be it further enacted by the authority aforesaid, That no one shall be eligible to the office of mayor or councilman who is not registered as a voter of said town; that the superintendents of such election shall declare those persons receiving the highest number of votes for mayor and councilmen duly elected, and furnish a certificate to that effect; shall return one tally-sheet and list of voters with the ballots, under seal, to the town clerk, and the other tally-sheet and list of voters to the ordinary of Macon county. The persons so elected must present themselves at the council chamber within ten days and take an oath before the outgoing mayor or any officer authorized to administer an oath, faithfully to discharge the duties of mayor or councilman as the case may be. Any one desiring to contest any election shall file a notice of contest with the ordinary of Macon county within three days after said election, setting forth all the grounds for contest, and, upon payment of a

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fee of ten dollars in advance, the ordinary of Macon county shall cause a copy of said notice to be served by the sheriff or his deputy upon the contestees and give notice at the same time to both parties of the time and place of hearing. Not later than ten days from the date of service the ordinary of said county is authorized to hear and determine the contest (with the right of certiorari to the Superior Court), the cost to be paid by the losing party. Result of election. Contests. SEC. VII. Be it further enacted by the authority aforesaid, That in case of vacancy in the office of mayor, the councilmen shall elect one of their own number for the unexpired term, and in case of a vacancy in the board of councilmen, the remaining members shall elect a citizen of said town to fill such vacancy for the unexpired term. Vacancies. SEC. VIII. Be it further enacted by the authority aforesaid, That should the mayor or any member of the board of councilmen be guilty of malpractice in office or any abuse of the powers confided to him, he shall be subject to indictment in the Superior Court of said county, and, on conviction, shall be imprisoned not exceeding sixty days, or pay a fine not exceeding one hundred dollars, which fine, after paying all court costs, shall be paid over to the treasurer of said town; either, or both, of said punishments may be imposed in the discretion of the court. The mayor and councilmen, for cause, shall suspend, fine or remove from office, or suspend from pay and duty, any officer of said town elected or appointed by them. Mal-practice. SEC. IX. Be further enacted by the authority aforesaid, That said mayor and councilmen shall have power at any regular meeting to elect a clerk, treasurer, marshal, policeman and such other officers as they may deem necessary; to regulate the time, mode and manner of electing each and all of said officers; to fix their fees and salaries; take their bonds and prescribe their powers and duties. Officers. SEC. X. Be it further enacted by the authority aforesaid, That said mayor or councilman, acting mayor, shall be ex officio a justice of the peace, and shall have full power and authority to issue warrants for the arrest of any person charged with the commission of an offense against the laws of the State within the limits of said town; hear their testimony under oath as to guilt or innocence of the party accused; to commit to jail or the guard-house of said town, or to require bond with good and sufficient security (if the offense is a bailable one) for the appearance of the accused before any court authorized by law to try and determine the case. Mayor and mayor pro tem. ex officio justices of the peace. SEC. XI. Be it further enacted by the authority aforesaid, That

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said mayor and councilmen shall have full power and authority to levy and collect a tax upon all and every species of property in said town; upon banking and insurance capital employed in said town; upon brokers and factors; upon each and every business, calling, trade and profession carried on in said town; to tax all theatrical performances, shows and exhibitions for gain; upon banks, insurance, telegraph, telephone and express agencies in said town, or of any profit in said town; to tax all itinerant traders or peddlers; all venders of patent medicines, drugs, books nostrums or devices of any kind; all solicitors or canvassers selling goods, wares or merchandise by sample at retail or to consumers; all said taxes (except the tax on real or personal property, which shall be ad valorem and not exceeding one half of one per cent. for ordinary current expenses) shall be in the nature of a license, which must be paid in advance of doing business or carrying on the trade or occupation, or canvassing or offering for sale any of the articles above set forth; and the said mayor and councilmen shall provide by ordinances for the punishment of all parties required to take out license, who do or attempt to do any business before taking out such license and complying fully with all requirements of said mayor and councilmen made with reference thereto. Taxes. SEC. XII. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have full power and authority to establish a market or markets and regulate the same; to license and regulate all hotels, boarding-houses and restaurants; to prevent the erection and maintenance in said town of butcher-pens, slaughter-houses, tan-yards, blacksmith shops, sawmills, wood-working mills, grist-mills, ginneries, forges and chimneys, except by the permission of said mayor and councilmen, and to cause the removal of any and all such establishments whenever they become dangerous to the health and welfare of the citizens, endanger the lives or property, or both, of others, or become nuisances; to cause all lots or premises to be thoroughly drained, and to this end may open ditches or drains at the expense of the owners thereof when they, after reasonable notice, fail to do so, said expense to be collected as town taxes are collected; to license and regulate drays, hacks, carts, wagons or other vehicles making a business of hauling for hire or gain, either directly or indirectly, any article or material of any kind within the limits of said town; to regulate, control and license all livery, feed and sale stables, pumps, wells, fire-engines, hose or engine companies; to regulate the running of trains within the incorporate limits of said town; to require a license from all auctioneers; also to collect a commission on all goods sold at auction or on commission in said town, and to fix the amount of license, and to issue or withhold license as to them may seem best. Licenses.

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SEC. XIII. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have full power and authority to open, lay out, curb, pave and drain streets, alleys or lanes, or to widen, straighten or otherwise enlarge or improve streets, alleys or lanes in said town; to purchase, improve and beautify public squares or parks in said town, and to appropriate money for school purposes in such manner as they deem best; and said mayor and councilmen shall have full power and authority to condemn private property for streets, lanes or alleys and for laying sewer or water-pipes therein. They shall also have full power and authority to prevent any party from encroaching upon the streets, alleys or sidewalks, or placing any obstruction in or on or over any street, alley or sidewalk, and to remove or cause to be removed any such encroachment, whether buildings, porches, steps, signs, or whatever it may be, already erected, and to prevent and abate any nuisance on the premises of any person in said town or upon any street alley or sidewalk. Streets, etc. SEC. XIV. Be it further enacted by the authority aforesaid, That the mayor and council shall have power and authority 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. XV. Be it further enacted by the power and authority aforesaid, That said mayor and councilmen shall have full power and authority to prevent mules, horses, cattle, hogs, sheep, goats, dogs and fowls from running at large in said town or any portion thereof, and to prevent and prohibit the keeping of hogs in the city limits or regulate the manner in which they must be kept if allowed to remain; shall have full authority to take up and impound any such animal or fowl, and to remove hogs from town, and punish all owners of such animals who refuse to obey any ordinance passed by said mayor and councilmen to carry this authority into effect. Animals, pound for. SEC. XVI. Be it further enacted by the authority aforesaid, That said mayor and councilmen are hereby authorized and empowered to pass all such ordinances, rules and regulations as may seem to them necessary and proper to prevent the maintenance of any house of ill fame, assignation or prostitution within said city, and to punish for any violation of any of such ordinances, rules or regulations by fines or imprisonment, or work on the public works or streets, removal or exclusion from said town. Any one or more, or all, of said punishments may be included in one sentence. Police powers. SEC. XVII. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have full power and authority to establish and regulate a city police, and to elect a chief of

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police, and such other officers and members of the police force as may seem to them necessary. The marshal of said town, and any member of said police force shall have power to arrest any person acting in a disorderly manner or disturbing the peace and good order of said town, or committing or attempting to commit any crime in said town, or suspicious characters, and take the party so arrested before the mayor or other officer authorized to issue warrants, or accept bail for examination or trial as soon as practicable. Marshal and police. SEC. XVIII. Be it further enacted by the authority aforesaid, That for the purpose of raising revenues for the support and maintenance of said town government, said mayor and council shall have full power and authority, and shall provide by ordinance for assessment, levy and collection of an ad valorem tax on all real and personal property within the corporate limits of said town (not exceeding one half of one per. cent. thereon), except for extraordinary purposes. Ad valorem tax. SEC. XIX. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power to elect at the same time the other city officers are elected three persons, freeholders, residents of said town, as assessors, who shall hold their office for one year unless removed by the mayor and council for cause to be judged of by them. It shall be the duty of the assessors to assess the value of the real estate within the corporate limits of said town. Said assessors shall make returns to said mayor and council, and the said mayor and council shall place such assessment so returned in the hands of the clerk, who shall enter the same on his digest with other taxes, and the same shall be collected as other taxes of the town; provided, that if any taxpayer is dissatisfied with said assessment of assessors, he or she may appeal to the mayor and council for a correction of said assessment fifteen days after the assessors' returns have been completed and handed in as provided for in this chapter, and the judgment of the mayor and council shall be final as to the assessment. Tax assessors. SEC. XX. The said assessors, before they enter on the discharge of their duties, shall take and subscribe an oath before the mayor faithfully and truly to assess all the real estate within the corporate limits of said town, and to return such assessments to the mayor and council thereof with the names of the owners thereof, and shall receive for their services such sums each as the mayor and council shall order. When said tax assessments and corrections, if any, are completed and entered on digest by the clerk, he shall turn over the books for that year to the treasurer of the town, who shall be ex officio tax-collector, who shall proceed to collect the taxes as assessed. The treasurer shall report to the mayor and

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council all taxes not collected when the books for any year have been closed, and the mayor and the council shall order the said ex officio tax-collector to issue executions against all persons who failed to pay by the time fixed for issuing executions, which execution shall be a lien, second only to the lien for State and county taxes, on all property owned by the defaulting taxpayers. The executions shall be turned over to the marshal of said town, who shall proceed to collect them in the same way as executions for the State and county are collected, and shall levy, advertise and sell property subject to such executions under the law governing sheriffs in levying, advertising and selling property under execution for State and county taxes. The deed of the marshal of said town to any property sold under any such execution shall pass the title to said property to the purchaser as completely and absolutely as the deed of such defaulting taxpayer would have done; provided, however, that any person whose property has been sold for taxes be allowed to redeem the same by paying to the purchaser at any time within twelve months from the date of the sale the full amount of his bid, with ten per cent. premium thereon; provided further, that this section shall not go into effect until said mayor and council shall so declare by ordinance regularly and legally passed. Taxes how collected. SEC. XXI. Be it further enacted by the authority aforesaid, That the mayor of said town shall hold a police court as often as may be necessary for the trial of the offenders against the by-laws, ordinances, rules and regulations of said town, and may, when presiding in said court, punish any person convicted of violating any by-laws, ordinances, rules or regulations of said town, by sentencing said offender to pay a fine not exceeding fifty dollars, or to imprisonment in the guard-house of said town or the common jail of said county for any time not exceeding thirty days, or to work on the streets or public works of said town for any time not exceeding thirty days, or may impose any one or more of these punishments for the same offense. Said court may enforce its judgments by imprisonment in the guard-house or common jail of the county or work on the streets or public works. When presiding in said court the mayor shall have power to punish for contempt of court any person disturbing said court, refusing to obey its mandates. or in any way guilty of contempt thereof by a fine not to exceed twenty-five dollars for each act of contempt, or commit to the guard-house of said town or to the jail of said county for any time not longer than ten days. In the absence, sickness or disqualification of the mayor, the mayor pro tem., or in the absence of both any member of the council, shall have and may exercise all the powers conferred by this charter upon the mayor. The marshal

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and clerk shall be the officers of said court, and shall have for their attendance and services in said court such fees as may be fixed by the mayor and councilmen, which fees shall be collected as part of the penalty in all cases of conviction. Any person charged with the violation of the ordinances, rules or regulations of said town shall, unless the offense is of such nature as to require the arrest and confinement of the party, be served by the marshal or any policeman of said town, with the copy of a summons signed by the marshal or policeman, as the case may be, and bearing test in the name of the mayor or mayor pro tem., setting out in a plain, summary way the nature of the offense charged and the time when and the place where the party is required to appear and stand a trial. Any party under bond, or who has been previously summoned, who shall fail to appear at the time and place named for trial, shall be liable to arrest and imprisonment, and the court may declare the bond forfeited, giving written notice to the securities thereon that, unless they produce their principal within one week, judgment will be entered up against them for the amount of said bond, and execution issue against said principal and securities for the amount of said judgment and costs. Nothing herein contained shall be construed to prevent the arrest without warrant or summons of any person when it is necessary to preserve the peace, good order or security of said town, or to prevent the commission of a crime. Police court. SEC. XXII. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority to compel all male residents in said town between the ages of sixteen and fifty to work the streets of said town, at such time as in their opinion it is needful, for such time, not exceeding fifteen days in each year, or to pay such a sum of money, not to exceed five dollars in any one year as commutation for such work and in lieu thereof, as said mayor and council may ordain; and the said mayor and council may make all ordinances necessary to carry this power into effect, and to punish by fine not exceeding twenty-five dollars or work on the streets thirty days, any and all persons subject to road duty who refuse to work or pay the commutation. Thirty days continuous residence in the corporate limits of said town shall be sufficient to constitute one a resident of said town so as to subject him to liability to do street work. Streets, how worked. SEC. XXIII. Be it further enacted by the authority aforesaid, That said mayor and councilmen may appoint a board of health, consisting of not less than three members, one of whom shall be elected president by the members of said board, and shall be a reputable physician in regular practice in said town. Said board

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of health shall be charged with the duty of looking after the sanitation of the town, and shall prescribe rules and regulations for keeping the town in as good sanitary condition as possible. The rules and regulations adopted by said board shall be submitted to said mayor and councilmen, and when approved by them shall be binding on all citizens and shall be enforced in the same manner as the ordinances, and any violation thereof shall subject the offender to arraignment before the mayor and punishment, on conviction, by fine, imprisonment or work on the streets, as in case of other violations of the town ordinances. The mayor and council shall decide when it is necessary to establish quarantine against any place or district in order to guard against the introduction of any contagious or infectious disease, and against what points or what territory quarantine shall be enforced, and the quarantine regulations, when enacted by the mayor and councilmen, shall be binding and may be enforced against all parties coming into or passing through said town; and any person or persons seeking to enter said town, who cannot show a proper health certificate, and other proofs required by said regulations, may be compelled to comply with all quarantine regulations, and be punished for any violation thereof by fine not exceeding fifty dollars, imprisonment under guard at the quarantine station for any time not exceeding thirty days, or both. An inspector appointed for that purpose by the mayor and council shall visit the premises of every citizen of said town for the purpose of ascertaining whether said premises are in good sanitary condition or not, and when the owner or occupant of any house or lot refuses or neglects to keep the same in good condition, the mayor and council may have the same done at the expense of said owner or occupant, or both; said expense to be collected as taxes are collected. Board of health. SEC. XXIV. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have full power and authority to make, ordain and enforce all such by-laws, rules and regulations as may appear to them necessary and proper for the security, welfare and interest of said town of Oglethorpe. General welfare. SEC. XXV. 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 28, 1900.

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PEPPERTON, TOWN OF, CHARTER AMENDED. No. 3. An Act to amend an Act incorporating the town of Pepperton in Butts county, Georgia, so as to repeal that portion of section 16 of said Act which exempts manufacturing enterprises and certain kind of property therein mentioned from special or business tax and municipal taxation, and also to extend the limits of the said town of Pepperton, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act incorporating the town of Pepperton in Butts county Georgia, approved Nov. 29th, 1897, be, and the same is, hereby amended by striking from section 2 of said Act the last five lines of said section beginning with the word beginning in the second line of said section 2 and substituting in lieu thereof the following: Beginning at the northeast corner of Pepperton cemetery at an iron stake and run due west 126 rods and thence due north 38 rods, thence due west 68 rods, thence toward Macon, Georgia, along the west boundary line of the Southern Railway Co.'s right of way 76 rods, thence due south 64 rods, thence due east 147 rods and thence due north 86 rods to starting point; so that said section, when amended, shall read as follows: Be it further enacted by the authority aforesaid, That the corporate limits of said town shall be as follows: Beginning at the northeast corner of Pepperton cemetery at an iron stake and run due west 126 rods, and thence due north 38 rods, thence due west 68 rods, thence toward Macon Ga., along the west boundary line of the Southern Railway Co.'s right of way 76 rods, thence due south 64 rods, thence due east 147 rods, and thence due north 86 rods to starting point. Pepperton, town of. Corporate limits. SEC. 2. Be it further enacted that section 16 of said Act be amended by striking the last seven lines of said section, beginning with the word provided in the eighth line of said section, so that said section, when amended, shall read as follows: Be it further enacted, That the said mayor and council shall have authority to tax all shows, auctioneers, sleight of hand performers, gift enterprises, pool and billiard tables, wheels of fortune and other like enterprises and all business, trades, callings and establishments in said town, as they may deem proper and

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just; provided, the same is uniform and not repugnant to the constitution and laws of this State. Specific taxes. 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 22, 1900. RESACA, TOWN OF, CHARTER AMENDED. No. 90. An Act to amend an Act incorporating the town of Resaca, Gordon county, Georgia, approved December 13th, 1871, by restricting the powers of the commissioners of said town or the municipal authorities and their successors in office in relation to the sale of spirituous and intoxicating liquors in said town, 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 an Act of the General Assembly, approved December 13th, 1871, incorporating the town of Resaca in Gordon county, Georgia, be, and the same is, hereby amended as follows: beginning at the word and first occurring after the word traders in the third line of section 6 of said Act and striking all of said section down to and including the word low in the 7th line of said section 6 of said Act and inserting in lieu thereof the following: Said commissioners or the municipal authorities of said town and their successors in office shall never have or be vested with any power or authority to issue any license, privilege or right whatever to any person or persons or corporation for the sale of any spirituous, vinous, malt or intoxicating liquors, lager-beer, rice-beer, or any kind of intoxicant usually sold as a beverage, whether offered for sale under its proper name or under false label by whatever name known; so that said section sixth of said Act, when so amended, shall read as follows: Section 6. That said commissioners shall have power to tax all shows performing for the purpose of gain in said town, and also all itinerant traders. But said commissioners or the municipal authorities of said town and their successors in office shall never have or be vested with any power or authority to issue any license, privilege or right whatever to any person or persons or corporation for the sale of any spirituous, vinous, malt or intoxicating liquors, lager-beer, rice-beer or any kind of intoxicant

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usually sold as a beverage whether offered for sale under its proper name or under false label by whatever name known. Said commissioners may tax all tenpins, and other ball alleys and billiard tables in said town and shall have full power to collect all taxes and fines and penalties in such manner as they may see proper. Resaca, town of. Specific tax. Liquor, sale of. SEC. 2. Be it further enacted by the authority aforesaid, That any person or persons or corporation who may sell or offer for sale any of the intoxicants referred to in section 1st of this Act in the town of Resaca shall upon indictment and conviction be punished as prescribed in section 1039, vol. III., Code of Georgia 1895. Penalty SEC. 3. Be it further enacted by the authority aforesaid, That the municipal authorities of said town be vested with power to punish any violation of the provision of this Act by fine or imprisonment as they deem expedient; fine not to exceed the sum of ten dollars for each particular sale. Police powers. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 15, 1900. ROBERTA, TOWN OF, PUBLIC SCHOOLS. No. 141. An Act to establish a public school system in the town of Roberta, Georgia, Crawford county; to empower the mayor and city council of said town to levy and collect a tax for the support thereof; to create a board of school commissioners for said town; to authorize the State School Commissioner of said State to turn over to said school board such part of the State school funds as may be the full pro rata share of said town; to authorize the county school commissioner of said county to turn over to the school board of said town the pro rata share for each child living in the county of Crawford and outside of the corporate limits of said town and attending said public schools in said town, and for other purposes. SECTION 1. The General Assembly of the State of Georgia do enact, That there shall be established in the town of Roberta, Crawford county, a system of public schools, to be conducted and maintained as hereinafter prescribed. Roberta, town of.

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SEC. 2. Be it further enacted by the authority aforesaid, That there shall be a board of school commissioners for said town consisting of five members who shall be and are appointed as follows: That J. C. Bond and E. J. Jordan be appointed for two years; J. W. Matthews and E. E. Dent for four years and H. D. McCrary for six years, and thereafter their successors shall be elected for terms of six years. They shall hold office till their successors are elected and qualified. Said elections shall be held under same laws, rules and regulations that govern election for members of the General Assembly. Board of school commissioners appointed. SEC. 3. The election for members of said board shall be ordered by the mayor and councilmen to fill expired terms of the members of the board of school commissioners. The election shall be held on first Wednesday in December. Election. SEC. 4. Only legally qualified voters shall be eligible to vote in said elections. Voters. SEC. 5. Members of said board shall take and subscribe to an oath for the faithful performance of their duties. Oath. SEC. 6. That officers of said board of school commissioners shall be a president, secretary, treasurer and superintendent of public schools; that no member of said board or officer thereof, except secretary and treasurer, shall receive any compensation for his services, who shall not receive more than twenty dollars per annum, to be fixed by said board. The treasurer shall give good and sufficient bond in the sum of one thousand dollars for the faithful discharge of his duties; which said duties shall be designated and prescribed by said board. The president, secretary, treasurer and superintendent shall hold office at the discretion and will of the board of school commissioners. The principal of the school for the white children shall be the superintendent of public schools of said town. Officers of school board. SEC. 7. Said board of school commissioners may sue and be sued, plead and be impleaded and exercise all other corporate powers necessary to the performance of the duties generally required of a board of education. That said board of school commissioners shall have power and it shall be their duty to establish in said town separate schools for the white children and colored children, to provide schoolhouses by building, renting, purchase or otherwise, to repair the same, to employ teachers, to prescribe the curriculum for and grade the schools, to provide all necessary school furniture and educational appliances, to fix salary of teachers, to hold and make titles to any property that may be procured by purchase, lease, gift or otherwise, to make all such by-laws, rules and regulations for the government of the board of school commissioners and the public schools of said town and for receiving and paying out of school

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funds as they may deem necessary and not in conflict with the laws and Constitution of the State. Board incorporated powers of. SEC. 8. That the necessary funds for the establishment, conducting, maintaining and supporting such public schools shall be derived as follows: First. The town council of Roberta is hereby authorized, empowered and required to levy each year a special tax as the board of school commissioners of said town shall recommend not to exceed one half of one per cent. on all property in said town subject to taxation by said town, to collect the tax and pay it over to the treasurer of said board of school commissioners. School tax. Second. The town council of Roberta is hereby authorized, empowered and required to pay to the treasurer of said board of school commissioners all sums collected by the town authorities for licenses of all kinds, for special taxes on all business of any and all kinds. Licenses. Third. The State School Commissioner of the State of Georgia is hereby authorized, empowered and required to pay over to the treasurer of said board of school commissioners the pro rata share of the State school funds for the children within school age who are residents of said town. State school fund Fourth. That the county school commissioner of said Crawford county shall pay over to the treasurer of said board of school commissioners the pro rata share of school fund of Crawford county for all children of or within school age who are residents of said county and not residents of said town of Roberta but who are attending the public schools of said town. County school fund SEC. 9. That said board of school commissioners may provide for the admission of pupils over 18 and under 6 years of age on such terms as to tuition as they may elect; funds so raised under this section shall be applied only to the maintenance of said public schools in said town. Tuition fees. SEC. 10. That any member of said board of school commissioners shall for malfeasance or nonfeasance be removed from office by a majority vote of the other members of said board, and the unexpired term resulting therefrom shall be filled, the board of school commissioners electing a resident of said town, who shall as soon thereafter as practicable take the oath of office as hereinbefore prescribed. School commissioners removable from office. SEC. 11. The board of education of Crawford county shall not establish or open any public school within three miles of the corporate limits of the said town of Roberta except in the town of Knoxville, nor to have any authority or voice in the management of the school therein established or to be established by the board of school commissioners of the town of Roberta. County board of education.

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SEC. 12. That all contracts made by or with said board of school commissioners of said town on the part of said board be signed and executed by the president, secretary and treasurer of said board. Contracts. SEC. 13. That the secretary of the board of school commissioners of said town shall conform to all the laws, rules and regulations in making reports of schools, disbursements, holding examinations for teacher's licenses, granting licenses to the State School Commissioner, as is required of county school commissioners. That the board of school commissioners of said town select its own text-books to use in school. Secretary. Text-books. SEC. 14. The secretary and treasurer shall be elected by the board of school commissioners. The president shall be one of the board and elected by said board. Officers of board. SEC. 15. The term of the public schools of Roberta shall not be less than five months nor longer than ten months in each year. Scholastic term. SEC. 16. That when any member of said board of school commissioners dies, resigns or otherwise vacates the office, the unexpired term shall be filled by the remaining members of said board electing a resident of said town to fill the vacancy. Vacancies. SEC. 17. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1900. ROBERTA, TOWN OF, CHARTER AMENDED. No. 88. An Act to amend an Act to incorporate the town of Roberta, approved December 26, 1890, and an Act amendatory thereof, so as to provide for establishing a tax rate and tax regulations for said town, 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 mayor and council shall be empowered to levy and collect a general tax upon all the taxable property, real, personal and choses in action located in said town, not to exceed ten mills on the dollar, and in addition thereto a specific tax or license on the various businesses, avocations and callings conducted and carried on in said town, in order to raise funds to carry out the purposes and intentions of said corporation, and to advance the general interest and the public welfare of the citizens of said town; to appoint committees to supervise

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the return of all taxes; to increase and properly adjust the property of the taxpayer, and to increase the values assessed, if in their judgment the same should be done, for the purpose of equalizing the burden of taxes upon the people. Should any dispute arise between the taxpayer and said committee upon the questions involved, an appeal may be made to the mayor and councilmen, and such appeal shall be heard at the first regular meeting, subject to continuances for good cause shown. That no appeal as herein provided shall suspend the collection of such tax; that if upon hearing such an appeal, the action of the committee should be reversed or modified, the tax paid shall be repaid to the taxpayer in whole or in part as may be ordered by the council. Roberta, town of. Taxing power. SEC. 2. Be it further enacted, etc., That it shall be lawful for the treasurer of said town to issue fi. fas. for the collection of all taxes due the town against defaulting tax-payers, and place same in the hands of the marshal for enforcement; that said mayor and councilmen shall pass all necessary laws and ordinances on this subject. Tax fi. fas. SEC. 3. Be it further enacted by the authority aforesaid, That so much of section (7) seven of the Act to incorporate the town of Roberta, approved December 26, 1890, as relates to rate of tax and tax regulations of said town be, and the same is, hereby repealed. Approved December 15, 1900. ROME, CITY OF, CHARTER AMENDED. No. 2. An Act to amend the charter of the city of Rome so as to include within the territory of said city the street or road known as the Land Company road and a tract of same width lying between said road and the Oostanaula river; the new line to begin where the present westerly line of said city leaves the right of way of the Chattanooga, Rome and Southern Railroad Company, and run thence along the western line of said Land Company road, and afterwards in the same direction to the Oostanaula river. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the corporate limits of the city of Rome shall be extended so as to include within the territory of said city the street or road known as the Land Company road, which lies between the present corporate limits of said city and the right of way of the Chattanooga, Rome and Southern Railroad Company, extending from what is known

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as the Alabama road, to the bridge on said road over the Oostanaula river, and to include a strip of the same width down to low water mark on said Oostanaula river. Rome, city of. Corporate limits. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved November 22, 1900. ROSWELL, TOWN OF, PUBLIC SCHOOLS. No. 68. An Act to amend an Act to establish a system of public schools in the town of Roswel of the county of Cobb, approved December 20, 1892, by striking out the words school commissioner of the county of Cobb in the third line of section 7, inserting in lieu thereof the words State School Commissioner. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act an Act to establish a system of public schools in the town of Roswell in the county of Cobb, to provide for the election of a school board, to levy taxes for the support of the same, and for other purposes, approved December 20, 1892, be, and the same is, hereby amended by striking out the words school commissioner of the county of Cobb in the third line of section 7, between the word the in the second line of said section and the word is in the third line of said section, and inserting in lieu thereof the words State School Commissioner; so, when amended, will read as follows: Be it further enacted, That as long as the public school system shall be maintained in the town of Roswell the State School Commissioner is hereby authorized and required to pay over to the treasurer of the board of education of the town of Roswell for use of the public schools in operation in said town of Roswell the proportion of the common school fund arising from any source belonging to said town of Roswell, to be determined by the number of pupils taught in said school as compared with all the children entitled to the school fund in Cobb county, to be expended by the board of education of Roswell in establishing and maintaining the public schools in said town as provided by law. Roswell, town of. State school fund 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 13, 1900.

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SANDERSVILLE, CITY OF, PUBLIC SCHOOLS. No. 135. An Act to amend an Act to authorize the corporation of the city of Sandersville to levy a tax for the purpose of establishing and maintaining public schools in said city, and to authorize the county school commissioner of Washington county to pay over to the board of education of said public schools such part of the State school fund as may be their just pro rata share thereof, and to authorize the city council of said city to appropriate the proceeds from the grant of license to retail spirituous liquors in said city, and also the interests and dividends from the city's investment in the Sandersville and Tennille railroad to said public school purposes, approved September 8, 1881, so as to provide that the title of the above recited Act shall be amended by inserting therein the following sentence: and to provide for the selection of the board of education for said city of Sandersville, and that the body of said Act be amended by repealing section 1 of said Act and substituting therefor a new section 1, which shall provide for the election of such board of education and the term of office of the members of such board; also by striking out the following words of section 2 of said Act, towit: shall have perpetual succession and in the second and third lines of section 2 of said Act, immediately following the word Sandersville in the second line of said section and immediately preceding the word shall in the third line of said section, 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 above recited Act be, and the same is, hereby amended as follows, by inserting in the caption of said Act, after the last sentence of said caption: and to provide for the selection of the board of education of said city of Sandersville, and for other purposes; so that said caption, when amended, shall read as follows: An Act to authorize the corporation of the city of Sandersville to levy a tax for the purpose of establishing and maintaining public schools in said city, and to authorize the county school commissioner of Washington county to pay over to the board of education of said public schools such part of the State school fund as may be their just pro rata share thereof; and to authorize the city council of said city to appropriate the proceeds from the grant of

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license to retail spirituous liquors in said city; and also the interests and dividends from the city's investment in the Sandersville and Tennille railroad to said public school purposes; and to provide for the selection of the board of education of said city of Sandersville, and for other purposes. Sandersville, city of. SEC. 2. Be it further enacted by the authority aforesaid, That section 1 of the above recited Act, which reads as follows: The General Assembly of the State of Georgia do enact that John N. Gilmore, Coleman R. Pringle, Mark Newman, Beverly D. Evans, Morris Happ, Thos. M. Harris, Geo. W. H. Whitaker, Aylesbury Mathis, Edward A. Sullivan, Stephen B. Hollifield, B. T. Rawlings, Isaac Herman, John B. Roberts, H. N. Hollifield and P. R. Taliaferro be, and the same are, hereby appointed a board of education for the city of Sandersville, who shall have power and authority to fill all vacancies which may occur in their body by death, resignation, removal from said city or otherwise, be, and the same is, hereby repealed. SEC. 3. Be it further enacted by the authority aforesaid, That in lieu of the section repealed by the preceding section of this Act a new section to be known as section 1, and which said section shall read as follows, to wit: SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That a board of education for the city of Sandersville is hereby established, consisting of five members, to be elected in the manner hereinafter prescribed, in addition to two ex officio members of such board as are hereinafter provided for. At a regular meeting of the city council of Sandersville in January, 1901, such city council shall proceed to elect five citizens of said city as members of the board of education of such city. The term of office of each member of the board of education shall be five years, except as hereinafter provided, to wit: At the first meeting of the city council of Sandersville in January, 1901, said city council shall elect one member of such board for the term of one year, one member for the term of two years, one member for the term of three years, one member for the term of four years, and one member for the term of five years, and at the expiration of the term of each member thus elected the successor of such member shall be elected for the term of five years. The mayor of Sandersville and the county school commissioner of Washington county shall be ex officio members of such board of education. Upon the expiration of the term of office of any member, or upon the death, resignation or removal from the city of any member of such board, the successor of shall be elected by the members of the board whose terms have not expired

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and the members of the city council of Sandersville in joint session, each member of each body having one vote. Board of education. Election of members. Mayor and county school commissioner. Vacancies SEC. 4. Be it further enacted by the authority aforesaid, That the following words, shall have perpetual succession and, in the second and third lines of section 2 of said Act immediately following the word Sandersville in the second line of said section, and immediately preceding the word shall in the third line of said section, shall be stricken out of said section; so that said section, when thus amended, shall read as follows: Section 2. Be it further enacted by the authority aforesaid, That the board of education of said city of Sandersville shall be authorized to devise, design, adopt a plan of public instruction in the city of Sandersville, and to modify the same from time to time, establish such schools as they may see proper, to prescribe the curriculum, appoint teachers for said schools, and a superintendent for same if deemed necessary, suspend or remove such teachers or superintendent, fix the compensation, provide by rent, purchase or building of schoolhouses, make and hold titles to the same, and make such by-laws, rules and regulations for their own government and that of the superintendent, teachers and pupils of said schools not contrary to the laws of this State. Board of education, powers and, authority of. SEC. 5. Be it further enacted, That the members of the present board of education of the city of Sandersville shall hold office until their successors are elected in the manner prescribed in this Act. Term of office. SEC. 6. Be it further enacted by authority aforesaid, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1900.

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SANDERSVILLE, CITY OF, CHARTER AMENDED. No. 89. An Act to amend an Act to alter and amend the several Acts incorporating the town of Sandersville, and to confer upon said town of Sandersville a municipal government, with all the rights and privileges usually enjoyed by citizens in Georgia and herein set forth, approved August 24, 1872, and amended by Act approved August 28, 1885, by consolidating the offices of city treasurer and city clerk; by providing for the election by the people of such clerk and treasurer, providing for the bond of such officer, by providing for the salary of the mayor of Sandersville, and by conferring upon the city of Sandersville the right to levy special taxes upon business of every character conducted within the incorporate limits of the said city of Sandersville, except where an ad valorem tax upon stocks of goods is collected, and for other purposes. SECTION 1. The General Assembly of the State of Georgia do enact, That the fourth section of the Act, amending the charter of the city of Sandersville, approved August 8, 1885, which provides That the mayor and council shall, at their first regular meeting after they shall have been elected, or as early thereafter as practicable, elect a clerk and a treasurer, each of whom shall hold his office two years and until his successor is elected and qualified; and it shall be the duty of the mayor and council to take a bond, with good and sufficient security, from each of these officers for the faithful performance of their respective duties. They shall also take an oath that they will, to the best of their skill and ability, perform the duties of their office, as prescribed by the mayor and council, without favor or affection. The salaries of the mayor, clerk and treasurer shall be fixed by the preceding mayor and council at not exceeding two hundred dollars per annum for the mayor, and one hundred and fifty dollars per annum for the clerk, and two hundred dollars per annum for the treasurer be, and the same is, hereby repealed, and the following section, to be known as section 17 in the revised charter of the city of Sandersville, shall be enacted in lieu thereof: Sandersville, city of. SEC. 2. Be it further enacted by the authority aforesaid, That the offices of city clerk and city treasurer be consolidated and merged into one office, and that said officer shall be known as the city clerk and treasurer, who shall hold his office for two years and until his successor is elected and qualified, and it shall be the

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duty of the mayor and council to take a bond of good and sufficient security in a sum not to exceed two hundred dollars, for the faithful performance of his duty both as clerk and treasurer as aforesaid. He shall also take an oath that he will, to the best of his skill and abilily, perform the duties of his office as prescribed by the mayor and council, without favor or affection. The salary of the mayor shall be fixed by the preceding mayor and council at not exceeding two hundred dollars per annum, and the salary of the clerk and treasurer shall also be fixed by the preceding mayor and council at not exceeding three hundred dollars per annum. Clerk and treasurer. Salaries. SEC. 3. Be it further enacted by the authority aforesaid, That the election for city clerk and treasurer shall be held at the same time and place, and subject to the same rules as the election of mayor and aldermen of said city, and that no person shall be eligible to fill the office of said clerk and treasurer unless he be at least twenty-one years of age, a citizen of the United States and shall have resided in said city two years immediately preceding his election. Clerk and treasurer, election and qualifications of. SEC. 4. Be it further enacted by the authority aforesaid, That section 15 of the Act, approved August 24, 1872, incorporating the city of Sandersville, shall be amended by adding to said section, to follow the last word thereof, the following words, to wit: That the mayor and council of the city of Sandersville shall have power to levy special taxes upon trades, occupations and businesses of every character, conducted within the incorporate limits of the said city of Sandersville, except where ad valorem tax upon stocks of goods is collected. Special taxes. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 15, 1900. SAVANNAH, CITY OF, REGISTRATION OF VOTERS. No. 93. An Act to provide for the registration of voters to vote at the municipal election in the city of Savannah; to fix, regulate and determine the time, place and manner in which such election shall be held and prescribe qualifications of voters at all such elections, and to prescribe suitable penalties for all violations thereof. SECTION 1. Be it enacted by the General Assembly of the

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State of Georgia, That the qualifications of voters at elections for mayor and aldermen of the city of Savannah shall be those required by this Act and the Constitution of the State of Georgia for electors in elections by the people in this State, except that the time of residence of voters within the corporate limits of the city of Savannah shall be six months immediately preceding such election. Savannah, city of. Voters of. SEC. 2. Be it further enacted by the authority aforesaid, That the tax-collector of Chatham county shall prepare, on the first day of January preceding an election for mayor and aldermen of the city of Savannah, or within five (5) days thereafter, a list of the qualified voters of Chatham county as registered in his office under the general law of the State of Georgia up to and including the 15th day of December preceding said election, who reside within the corporate limits of the city of Savannah, showing the age, residence by street, numbers and occupation of each of the persons whose names appear upon said lists, making separate lists of the white and colored voters in each militia district. The tax-collector of said Chatham county, in making up said lists will divide the voters of the first and fourth districts into three lists each, and the second and third districts into two lists each, alphabetically arranged, upon each of which said lists shall appear, as far as practicable, one half or one third, respectively, of the names of the voters of Chatham county residing within each of said militia districts, it being the duty of the said tax-collector, as far as possible, to equally divide said names upon said lists, without dividing the names commencing with the particular letter of the alphabet between two lists. Lists of voters. SEC. 3. Be it further enacted by the authority aforesaid, That the tax-collector of Chatham county shall place opposite the name of each voter who owes State and county taxes for the year immediately preceding such municipal election a memorandum of all amounts so due. Tax defaulters. SEC. 4. Be it further enacted by the authority aforesaid, That upon the morning of the election for mayor and aldermen of said city, and before the boxes for the receiving of votes are opened, said tax-collector of Chatham county shall furnish the managers at each and every box a list made up as hereinbefore prescribed of the voters in the respective militia districts, or portions thereof; that the persons whose names appear upon such lists, and who do not owe State and county taxes for the year immediately preceding such election shall be entitled to vote at such election, they being in all other respects qualified; that any citizen whose name appears on said list as a defaulter in the payment of taxes to the State and

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county may, nevertheless, be entitled to vote at such election, provided he exhibits to the managers hereinafter provided for the receipts of the tax-collector of Chatham county for the payment of the amount of taxes so in default by said citizen. Qualified voters. SEC. 5. Be it further enacted by the authority aforesaid, That for the rendering of the services hereinbefore provided for by the tax-collector of Chatham county he shall receive the sum of five cents for each name upon the lists so furnished by him in addition to the necessary expenses for books and stationery bought by him, to be paid out of the public treasury of the city of Savannah. Tax-collector of county, compensation of. SEC. 6. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of council of the city of Savannah to locate the position of the ballot boxes for the respective militia districts and divisions thereof at the court-house of Chatham county three (3) days before the election, to prepare and furnish the form of oath to be taken by the election managers and clerks and the certificate of returns to be signed by said managers, consolidated returns and all other papers and forms to be used in said election except such as are herein otherwise provided for; furnish stationery to the clerks, ballot boxes to the managers and make all necessary arrangements for the election; and all expenses incident to the preparation of said papers, obtaining said stationary and ballot boxes and making said arrangements shall be borne by the city of Savannah and to be paid from its treasury. Ballot boxes, etc. SEC. 7. Be it further enacted by the authority aforesaid, That five days preceding an election for mayor and aldermen of the city of Savannah, the judge of the superior court of Chatham county, the judge of the city court of Savannah and the ordinary of Chatham county shall appoint six managers for the first and fourth districts each, and four managers each for the second and third militia districts of Chatham county, said militia districts for the purpose of said election being divided as nearly as possible in halves or thirds according to the lists of registered voters prepared by the tax-collector as provided for in section two of this Act, two of said managers to preside at each of the boxes in said districts and at the particular box to which they may be appointed by said judges. Such managers shall have been for the six months immediately preceding the election for which they are appointed residents of the city of Savannah. In the event of a contest for the office of mayor or aldermen, it shall not be lawful to appoint both managers at one box who are known to be adherents of any one ticket or candidate for office, but all persons contesting for office shall, as far as possible, have representation at each box. Election managers. SEC. 8. Be it further enacted, That each of the managers so

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appointed shall appoint a clerk or list keeper, whose duties shall be to enter upon a list prepared for that purpose the names of those voters of the district or division of the district who vote at such election, such names to be regularly numbered according to the order in which the votes are cast, and the ballot voted by each voter shall bear the number that appears opposite the name of said voter on said list. Each clerk or list keeper shall, before entering upon the discharge of his duty, take and subscribe an oath before the clerk of the Superior Court of Chatham county to faithfully perform the same, and each clerk or list keeper shall receive as compensation the sum of five dollars to be paid from the treasury of the city of Savannah. Clerks of managers. SEC. 9. Be it further enacted by the authority aforesaid, That if any election manager shall become disqualified or unable to perform said duties, his place shall be immediately filled by another, appointed as prescribed in the seventh section of this Act, and each manager shall be entitled to receive for his services the sum of ten dollars ($10.00) to be paid out of the treasury of the city of Savannah. Vacancies. Compensation of managers. SEC. 10. Be it further enacted by the authority aforesaid, That the said election for mayor and aldermen of the city of Savannah shall be held at the court-house of Chatham county in said city at the time hereinafter prescribed for the same, and that it shall be the duty of said district managers and clerks to attend at said court-house at the time appointed for the election, and there shall be three ballot boxes each for the first and fourth militia districts, and two ballot boxes each for the second and third militia districts, so arranged as to be of easy access to the voters, and each voter shall vote in the box assigned to the district or division of the district in which he resides and not elsewhere, and when the right of any person to vote is challenged, one of said managers shall swear him, touching his right to vote, and propound to him the questions answered by him at his registration, and if his answers do not satisfactorily identify him as the person whose name he offers to vote he shall not be allowed to vote. Upon receiving any vote, the name of the voter shall be immediately checked off of the list furnished the manager as hereinbefore provided for. Election, how held. SEC. 11. Be it further enacted by the authority aforesaid, That hereafter the elections for mayor and aldermen of the city of Savannah shall be held upon the second Tuesday in January of each second year, beginning with the year 1901, and the hour of voting thereat shall be between seven o'clock in the morning and six o'clock in the afternoon; that said managers shall have exclusive charge of

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all details in the arrangement and conduct of said elections and shall allow not more than two representatives of each contending faction or party to be present when they count the ballots and certify the result of the election, and each manager, before undertaking and entering upon the performance of his duties under this Act, shall take an oath before the clerk of the Superior Court of Chatham county, to be filed in said clerk's office, that he will truly perform the duties of his position. Elections, when held. Party representation. SEC. 12. Be it further enacted by the authority aforesaid, That upon the conclusion of the count of the votes in each box the managers at each box shall immediately make out and sign certificates of returns, under oath, of the election, said certificates to give the name of each candidate voted for at such box and the number of votes received by him for the position for which he is a candidate. One copy of said certificates, the ballots voted, the lists furnished by the tax-collector and all other papers used in such election shall be delivered under seal by the election managers to the clerk of the Superior Court of Chatham county and another copy of the certified returns shall be delivered to the clerk of council of the city of Savannah before twelve o'clock of the day following the election. The election managers shall also at the conclusion of the count of the ballots publicly announce the result of the election at each box, and the clerk of council shall immediately upon receipt of the certified returns of each box publicly consolidate the same and publicly announce the result of the election, and the candidate for mayor receiving the highest number of votes shall be declared elected mayor and the twelve candidates receiving the largest number of votes for aldermen shall be deemed and declared elected aldermen, and the candidates so elected shall qualify on the second Monday next succeeding the election and shall serve for a term of two years and until their successors are elected and qualified. Result of election, how declared. SEC. 13. Be it further enacted by the authority aforesaid, That all ballots and papers deposited with the clerk of the Superior Court of Chatham county shall be kept by him unopened for the space of thirty days after such elections, and then they shall be him be destroyed, without examination; provided, however, that no contest is had. In the event of a contest it shall be his duty to keep all papers until called on to produce them in court having jurisdiction of said contest. After any such contest shall have been decided he shall destroy all papers without further examination. Ballots and papers, disposition of. SEC. 14. Be it further enacted by the authority aforesaid, That no person shall be qualified to be a candidate for the office of mayor

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or or aldermen or be voted for as such in said election who shall not have filed his intention to be a candidate in said election with clerk of council of the city of Savannah not less than five days previous to the date herein fixed for said election to be held. Candidates, announcement of. SEC. 15. Be it further enacted by the authority aforesaid, That upon said election day the police force of the city of Savannah shall be under the direction and control of the mayor of the city of Savannah, for the purpose of preserving order at and around the court-house of said county; that there shall be no interference on the part of said force or any member thereof with any voter who is in good faith attempting to deposit his ballot, and who is not violating any of the provisions of this Act, any law of the State of Georgia or municipal ordinance of the city of Savannah, and any member or officer of said force so interfering shall be held and deemed guilty of a misdemeanor under the laws of the State of Georgia and shall be punished as provided for in section 1039, vol III. of the Code of 1895. Policemen. SEC. 16. Be it further enacted by the authority aforesaid, That any election manager who shall use or attempt to use his position for the purpose of aiding any candidate for office, or who in any way attempts to secure a partizan advantage for any such candidate, or shall allow any person to vote who is not a qualified elector under the provisions of this Act, shall be held and deemed guilty of a misdemeanor under the laws of the State of Georgia, and shall be punished as provided in section 1039, volume III. of the Code of 1895. Managers, non-partizan. SEC. 17. Be it further enacted by the authority aforesaid, That any person who, without being legally and properly entitled so to do, votes or attempts to vote at any election for mayor and aldermen for the city of Savannah, or who in any way interferes with the orderly and peaceful conduct and management of the same, shall be held and deemed guilty of a misdemeanor, under the laws of the State of Georgia, and shall be punished as provided in section 1039, volume III. of the Code of 1895. Illegal voting, etc SEC. 18. Be it further enacted by the authority aforesaid, That no person whatsoever shall be permitted within fifty feet of any ballot box except persons passing along the highways on their business; persons who are regular employees about the court-house of Chatham county, and whose duties may require them by reason of the location of the ballot boxes in the several offices of the court-house, to be closer than fifty feet to the same; persons having business in the offices of the court-house where the ballot boxes may be located; members of the police force of the city of Savannah who are charged with the enforcement of law and order

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around the polls, and the electors approaching to vote, who shall form in a single line in the order in which they come to the polls near the ballot box where they are to vote, no elector, however, to be nearer than ten feet to the ballot box except the one in the act of voting; and it shall not be lawful for said clerks about the court-house, persons having business about the court-house, or members of the police force, above excepted, to speak to any manager or clerk of the election, or elector, either directly or indirectly, about the election. Any one violating any of the provisions of this section shall be held guilty of a misdemeanor under the laws of the State of Georgia, and shall be punished as provided for in section 1039, volume III. of the Code of 1895. Voters, protection of. SEC. 19. Be it further enacted by the authority aforesaid, That no person shall speak to another person upon the subject of the election within fifty feet of any ballot box. No elector shall speak to or consent to be spoken to by any other person than the election managers while at the polling place or within fifty feet thereof, and then only in pursuance of official duty. No election manager or clerk shall be permitted to speak to an elector for the purpose of influencing his vote in any manner whatever. Any one violating the provisions of this section shall be held guilty of a misdemeanor under the laws of the State of Georgia, and shall be punished as provided for in section 1039, volume III. of the Code of 1895. Voters, protection of. SEC. 20. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with Act be, and the same are, hereby repealed. Approved December 15, 1900. SAVANNAH, CITY OF, MAY PURCHASE LAND. No. 51. An Act to authorize the mayor and aldermen of the city of Savannah to acquire by purchase or otherwise lands in Chatham county outside of the corporate limits of the city of Savannah for cemetery, pest house, hospital, public streets or other public uses, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the mayor and aldermen of the city of Savannah be, and they are, hereby authorized to acquire, by purchase or otherwise, lands in Chatham county outside of the corporate

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limits of the city of Savannah for cemetery, pest house, hospital, public streets or other public uses. Savannah, city of. Cemetery, etc. SEC. 2. Be it further enacted, That before any land located outside of the corporate limits of the city of Savannah shall be purchased by the said municipal corporation under the first section of this ordinance such purchase shall be first sanctioned by an ordinance of its council, which shall be read twice, that is to say, once at two distinct regular meetings of council, and such ordinance shall require for its passage the vote of a majority of the mayor and aldermen elected to council. Lands, purchase of. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this law are hereby repealed. Approved December 6, 1900. SAVANNAH, CITY OF, OFFICERS, ELECTION AND TERMS OF. No. 159. An Act to fix the time for election and appointment of all officers of the city of Savannah, to provide for the terms of all such officers, to regulate their salaries, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the election of all officers of the city of Savannah now elective by the council, of the mayor and aldermen of the city of Savannah, including the head of the fire department, now known as the superintendent of the fire department; the head of the police department, now known as the superintendent of the police department; the director of public works and the superintendent of the water-works shall take place in January biennially at a meeting of said council to be held on Saturday following the election of the mayor and aldermen of the city of Savannah. The terms of the officers thus elected shall begin on the succeeding day and extend for two years thereafter and until their successors are lawfully elected and qualified. All officers of the said city not elective by council shall be subject to appointment and such rules and regulations as the council of the city of Savannah may from time to time establish. Savannah, city of, officers of, election of, terms of. SEC. 2. Be it further enacted, That the terms of the said officers of the city of Savannah elective under the first section of this Act shall expire after the first regular meeting of said council in January, 1901, and the incumbents shall have no right or authority

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to hold their respective offices or to discharge any of the duties thereof after the said regular meeting. Expiration of terms in Jan., 1901. SEC. 3. Be it further enacted, That any vacancy in any of the said offices elective by council which shall occur after the regular election may be filled for the unexpired term by the mayor and alderman of the city of Savannah at any regular meeting of its council. Vacancies. SEC. 4. Be it further enacted, That the salaries of all officers elective by the council of the city of Savannah shall be subject to the regulation of the council of the city of Savannah, but the said salaries shall not be increased or diminished during the term for which an officer may be elected by council. Salaries. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 19, 1900. SMITHVILLE, TOWN OF, CHARTER AMENDED. No. 162. An Act to amend the charter of the town of Smithville in the county of Lee, State of Georgia, so as to authorize and empower the mayor and council of said town to maintain a dispensary in said town for the sale of ardent spirits, malt liquors, wines, ciders and other intoxicants; to provide regulations for the management of said dispensary, the appointment of managers, 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 charter of the town of Smithville, Georgia, be amended so as to authorize and empower the mayor and council of said town to maintain and operate a dispensary in said town for the sale of ardent spirits, malt liquors, wines, ciders and other intoxicants as hereinafter provided. Smithville, town of. Dispensary for. SEC. 2. Be it enacted likewise, That at the first regular meeting of council after the passage of this Act, or as soon as practicable thereafter, said mayor and council shall elect three persons, qualified voters of said town, of good moral character and business capacity, who shall be known as dispensary commissioners, one to hold office for one year, one for two years, and one for three years, or until their successors are elected and qualified as hereinafter provided. At the first regular meeting of council in each succeeding

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municipal year thereafter, or as soon thereafter as practicable, said mayor and council shall elect a successor to the dispensary commissioner whose term of office is about to expire, and each of said subsequently elected dispensary commissioners shall hold office for three years, or until their successors are elected and qualified. Vacancies occurring from any cause in the office of said dispensary commissioners shall be filled at once by the said mayor and council in the same manner as in the regular elections, and the officers elected to fill such vacancies shall hold office only for the unexpired terms of their predecessors. The dispensary commissioners provided for by this Act shall, before entering upon the discharge of their duties as such, take and subscribe an oath that they will faithfully and honestly discharge all the duties imposed upon them by this Act and the ordinances of said town. Said oath to be administered by the mayor and entered upon the minutes of the council. Dispensary commissioners, election of. Vacancies. Oath. SEC. 3. Be it further enacted, That the dispensary commissioners may maintain at some central point in the town of Smithville a dispensary for the sale of ardent spirits, malt liquors, wines and ciders and other intoxicants. They shall on the day after their election and qualification, and annually thereafter, elect a manager for said dispensary, who shall be of good moral character and sober habits, to be known as dispensary manager, who shall have charge and control of said dispensary under their supervision. Said manager shall be chosen for one year, but shall be removable at any time by said commissioners, for neglect of duty or violation of law. Said manager shall be required to take and subscribe such oath and give bond for his faithful discharge of duty, and to account for all moneys, stock, merchandise or other thing of value belonging to said town, and that may come into his hands as such manager; said bond to be fixed by the mayor and council. Vacancies occurring in said office shall be filled for unexpired terms as in regular elections. Dispensary manager. Oath and bond. Vacancies. SEC. 4. Be it likewise enacted, That said commissioners shall purchase and keep for sale such stock of ardent spirits, wines, ciders, malt liquors and other intoxicants as in their judgment will be required to supply the demand of the public. All bills incurred in the operation of said dispensary shall be approved by a majority of said commissioners and countersigned by the mayor or mayor pro tem., and paid as other accounts against said town. A separate account of the operations of said dispensary shall be kept by the clerk of said town. Said manager shall sell only for cash; shall not sell in quantities less than one half pint; shall not sell in other than sealed packages, bottles or other receptacles; shall allow no drinking on the dispensary premises; shall not open said

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dispensary before sunrise nor close the same later than sundown. He shall turn over all cash received by him at least once a week and take the treasurer's receipt for the same. He shall be bound by all State laws relating to the sale of liquors and such ordinances as may be enacted not in conflict with said laws; he shall likewise be bound by all needful rules and regulations of said dispensary commissioners; he shall report not later than once each month to said commissioners, showing amount of sales and stock on hand on the last day of said month. Stock. Regulations. SEC. 5. Said manager shall allow no one to loiter in or about said dispensary premises and for failure to comply with this section he shall be removed from office, and any person who, after being notified, refuses to comply with said notice to leave said premises shall be fined in the discretion of the mayor. Loiterers. SEC. 6. Be it further enacted, That said dispensary shall be maintained from profits arising therefrom; provided, the mayor and council may appropriate such sums as may be necessary to supply casual deficiencies, such amounts so appropriated to be returned out of the first profits of said dispensary to the town treasury. Appropriations. SEC. 7. Be it enacted further, That said commissioners shall make a full and complete report to the mayor and council, once each quarter, showing receipts, disbursements, expenditures, stock on hand, and condition of said dispensary. Reports. SEC. 8. Be it further enacted, That the profit arising from said dispensary shall be appropriated to the payment of the ordinary current expenses of said town and public improvements, and to aid public schools in said town, both white and colored; provided, at least 25 per cent. of said profits shall be devoted to schools. Profits, application of SEC. 9. Be it further enacted, That said commissioners shall receive a salary to be fixed by the council, and in case of neglect of duty or malpractice in office shall be dealt with as council may provide by ordinance. Salaries. SEC. 10. Be it further enacted, That the commissioners and the mayor and council shall have power to pass all lawful orders and ordinances to carry this Act into effect, and to provide penalties for a violation of the provisions thereof by the manager or other persons. Powers granted. SEC. 11. Be it further enacted, That said dispensary may be abolished by council after a vote of a majority of the qualified voters of said town, whenever the same shall fail to be self-sustaining and pay the expenses of maintenance thereof; provided, said election shall be advertised by publication thirty days, and conducted as elections for council; provided further, that sufficient

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time shall be given to close out said dispensary with as little loss to said town as possible. Dispensary, how abolished. SEC. 12. Be it further enacted, That all Acts, laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 19, 1900. STILLMORE, TOWN OF, CHARTER AMENDED. No. 42. An Act to amend an Act entitled an Act to incorporate the town of Stillmore, in the county of Emanuel, and for other purposes connected therewith, approved November 13, 1889, by striking out all of section 1 of said Act after the word Stillmore in the fourth line of said section and inserting in lieu thereof the following: shall extend one mile in every direction from the college building in said town, as said building is now located. 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 section 1 of the above stated Act be amended by striking out all of said section after the word Stillmore in the fourth line of said section and inserting in lieu thereof the following: shall extend one mile in every direction from the college building in said town, as said building is now located so that said section, when amended, will read as follows: Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act the town of Stillmore in the county of Emanuel be, and is, hereby incorporated, and that the corporate limits of said town of Stillmore shall extend one mile in every direction from the college building in said town, as said building is now located. Stillmore, town of. Corporate limits. 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 6, 1900.

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SWAINSBORO, CITY OF, INCORPORATED. No. 54. An Act to incorporate the city of Swainsboro in the county of Emanuel; provide for mayor and council; to fix the number of councilmen not less than five; to provide for all elections necessary for the purposes herein; to locate voting places and methods of holding elections; to prescribe the qualification of mayor and councilmen, their terms of office and elections; to confer on said mayor and councilmen certain duties, powers and privileges; to designate the qualification of voters; to provide for the government of said city, and to regulate the police and officers thereof, their terms of office, salaries, duties, etc.; to provide how said city may be divided into wards, the number and all regulations for the same; to define the corporate limits of said city and its location; to provide for public improvements of said city; to lay out streets, alleys, sidewalks, driveways and other public grounds, and for maintaining the same; to provide for the issuing of bonds for public improvements and especially for public schools, school property, electric lights and water-works; to provide how, when and under what circumstances and in what way and for what amount said bonds may be issued; to provide for the payment of said bonds and to levy taxes for said purposes; to provide for the assessment of taxes for said city on any and all kinds of property or business therein; to provide a penalty for the illegal handling, sale or furnishing of intoxicants therein; to enact all necessary ordinances and to provide penalties for the violation of the same; to provide when this Act shall go into effect, 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 city of Swainsboro in the county of Emanuel be, and the same is, hereby incorporated as a city, 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. Swainsboro, city of. Corporate limits. SEC. 2. Be it further enacted, That the municipal government and corporate powers of said city shall be vested in a mayor and not less than five councilmen, who shall be styled the city 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, may sue and be sued, plead and be impleaded,

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control, hold, possess, sell, convey and purchase for the use of said city real or personal estate of any kind, and exercise all the corporate powers that may be necessary and in accordance with law. Mayor and councilmen. SEC. 3. Be it further enacted, That all elections for said city, both regular and special, shall be held under the auspices of the city council, who shall appoint three freeholders, who shall be electors under this Act, who shall be furnished with a registration book of said city and such blanks as may be necessary for the proper and legal holding of said election, whose duty it shall be to receive and count the ballots and return the same to the city council by eleven o'clock of the next day after said election, when the city council shall with the managers examine, consolidate and declare the result; provided, that the first election under this Act shall be held by three freeholders residing within the radius of the corporate limits of said city, who shall receive, count and consolidate said ballots, declare the result, and notify parties elected as members of said city council; provided further, that the said managers, at any and all elections herein provided, before proceeding with the election shall be sworn as prescribed in sections 67 and 68 of the Code of Georgia. Elections. SEC. 4. Be it further enacted, That the first election for members of said city council shall be held on the third Monday in December, 1900, and that elections shall be held for members of said city council annually thereafter on the third Monday in December of each year; that all special elections shall be held and returns thereof made the same as regular elections and at the usual place of holding same, and at such time as may be set by said city council; provided, that at least ten days' notice shall be given by posting a written or printed notice of the same in front of the court-house door in the county of Emanuel. Election days. SEC. 5. Be it further enacted, That the ballots shall have written or printed thereon a name for mayor and not less than five councilmen; that the polls at all elections in said county shall not be opened before eight o'clock a. m., and shall be closed at four o'clock p. m. Ballots. Polls. SEC. 6. Be it further enacted, 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 month next preceding an election; and shall have registered as hereinafter provided, shall be considered electors and entitled to vote at such election. Voters. SEC. 7. Be it further enacted, That the clerk of the city council

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of Swainsboro shall keep a book for the purpose of registration, and such book shall be kept open at all times up to twenty days immediately preceding the annual election of the city council of said city in each and every year, and said clerk shall close said book for the full term of twenty days 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. That all persons legally registered for a regular election shall be entitled to vote at a special election held in the same year without again registering. Registration of voters. SEC. 8. Be it further enacted, That any person offering to vote in said 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 have done all work on streets legally required of me in said city; that I have registered and that I have not voted before during the 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 the State courts having jurisdiction thereof. Oath of voter. Illegal voting. SEC. 9. Be it further enacted, That if any person making application to register shall be refused the right to register, he shall have the right to appeal to the city council, who shall hear and determine the question of his qualifications and his right to vote. Appeal. SEC. 10. Be it further enacted, That said city may be divided into wards, not less than five, as may seem best to the city council, the boundary lines of said wards to be laid out and designated by said city council, and when laid off into wards said city council shall by resolution fix the place in which elections are to be held in said wards, one in each ward, and voters shall then and thereafter vote in the ward in which they reside. The managers of elections in each ward shall be furnished by said city council with a list of the registered voters in said ward, and that then and thereafter said city council shall consist of a mayor and one councilman from each ward, and until then, and before that time, said city council

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shall consist of a mayor and five councilmen elected by the city at large; provided, that prior to the laying out of said city into wards all voting by all voters shall be held at a place in or near the court-house in said county of Emanuel. City wards. SEC. 11. Be it further enacted, That at the first election held for city council it shall be the duty of the managers, after consolidating said votes and declaring the result, to issue a certificate of election to the person declared elected, who shall at once qualify by taking oath herein prescribed before some officer authorized by law to administer oaths. That after said first election the city council shall issue certificates of election to the person declared elected, who shall within two days appear before said city council and take the oath of office herein prescribed, and in each case said oaths so taken shall be recorded on the minutes of said city council by the clerk. Certificates of election. SEC. 12. Be it further enacted, That no person shall be eligible for mayor of said city unless he possess all the qualifications of a qualified voter under the law of said city, except registration; has arrived at the age of twenty-five years and is upright and intelligent. No person shall be elected to the office of councilman unless he possess all the qualifications necessary for mayor, except he need only be twenty-one years of age. Eligibility. SEC. 13. Be it further enacted, That the mayor shall not take up the duties of his office until he takes and subscribes the following oath: I, , do solemnly swear that I will demean myself uprightly as mayor of the city of Swainsboro; that I will discharge all duties devolving upon me as such mayor to the best of my ability, carrying out the laws, rules, ordinances and regulations of said city according to my best comprehension of the same, looking at all times to the interest of said city and acting in all things without favor or affection; which oath, when subscribed before the officer hereinbefore designated, shall be recorded with the certificate of election. Each councilman shall take a similar oath, putting councilman where mayor appears, and it shall be recorded same as mayor. Mayor, oath of. Councilmen, oath of. SEC. 14. Be it further enacted, That no member of the city council, either mayor or councilman, shall be eligible to serve more than three successive terms. Eligibility SEC. 15. Be it further enacted, That said city council shall at their first meeting appoint a mayor pro tem. who shall have authority to discharge all of the duties of mayor whenever from sickness, absence from the city or other cause the mayor is unable to act. Said mayor pro tem. must be a member of said city council; provided, that in the absence of the mayor and mayor pro tem. for any

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cause herein enumerated any member of council may, for the time being, discharge the duties devolved upon the mayor. Mayor pro tem. SEC. 16. Be it further enacted, 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 $150 or labor on the streets of said city or public works in said city not to exceed 90 days, and in addition thereto such cost of the proceedings as may be imposed. Said cost and fines shall be collected by execution issued by the clerk of the city council in the name of the city council against both the real and personal estate of the offender; provided, that if in the investigation of any cases before said mayor or acting mayor it should appear that the penal laws of the State have been violated, it shall be the duty of said mayor or acting mayor to bind said party over to answer for said offense to a court competent to try, and all the rules and regulations governing justices of the peace when holding commitment courts shall govern said mayor or acting mayor in the discharge of his duties under this part of this section; provided further, that the jailer of said county is authorized and required to receive persons so committed under the same rules and regulations as if committed by a justice of the peace of said county. Police court. Mayor ex officio justice of the peace. SEC. 17. Be it further enacted, That said mayor or mayor pro tem. or councilman acting as mayor as hereinbefore set out, shall preside at all meetings of the city council; that said city council shall hold regular meetings at such time and place as they may fix by their by-laws, not less than once per month. They may also hold such called meetings as may for any reason become necessary or expedient. They shall require and have kept a minute of such meeting to be preserved for investigation and inspection, and said minutes so kept to be handed to their successors in office. City council, meetings of. SEC. 18. Be it further enacted, That said city council shall, at the time of qualification, or within a reasonable time thereafter, elect a city treasurer, a clerk of council, and may elect a city attorney, who shall take and subscribe before the mayor of said city, an oath of office for the faithful discharge of their duty, and who shall give a bond with good security payable to said city council in such penalty as may be prescribed by them, conditioned faithfully to do and perform the duties of their respective offices. The terms of said officers are for one year, but they may be discharged by said city council, and in their discretion at any time after ten days' notice of such intention to discharge, without any charge or charges of any kind against said officer, but simply at the will of said city

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council. That at the time of their election their compensation per month shall be fixed. The duties of said officers are to be such as the city council may prescribe in their by-laws. Officers. SEC. 19. Be it further enacted, That the marshal of said city shall 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 ordinances 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. Said offender so brought before said mayor shall be tried without written or printed accusation, but shall simply have said case entered on a docket kept for that purpose and shall proceed to the trial of said offender, being governed by the same rules of continuance as are of force in the Superior Court of said county. Arrests and trial of offenders. SEC. 20. Be it further enacted, That in the event of an arrest by said marshal there could not be for any reason an immediate trial of said offender, or said trial should be continued as hereinbefore provided, said offender would have the right to enter into bond for his appearance to answer said charge against him at the time and place designated in said bond, and upon his failure to make said bond he should be confined in the guard-house or barracks of said city until such time as a trial of said case could be had; provided, that in the event of giving bond and his failure to appear at the time of trial, and from time to time until the final disposition of the case, then the bond may be forfeited and execution issued thereon by said council first serving the principal, if to be found, and his securities with a rule nisi. Such rule nisi shall be signed by the clerk and mayor, or acting mayor, and should there be a defense to said rule the same shall be heard by the mayor or acting mayor with the right of certiorari to the Superior Court of Emanuel county. Bonds to appear. Forfeiture. Certiorari. SEC. 21. Be it further enacted, 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 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 of the marshal of said city shall be advertised, if personal property, by posting the advertisement in three of the most public places in said city for ten days before the 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

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of the court-house in said city, and within the legal hours of sheriffs' sales. And when a claim or illegality may be interposed or a claim be filed, the marshal shall not sell; but in case of personal property the claim or illegality shall be returned to the court having jurisdiction thereof. Writs, etc. Sales. Claims and illegalities. SEC. 22. Be it further enacted, That said city council shall have the right and authority to provide for public improvements in said city; to lay out, open any new street, lane or alley, 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 or alley surveyed or 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 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 said proceedings. 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 have a right to appeal the same to a jury in the Superior Court under the law governing appeals in other cases; and provided further, that upon payment of the damages so assessed, or the lawful tender thereof by said city council to said owner or his agent or attorney, said city 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. Streets, etc. Condemnation. SEC. 23. Be it further enacted, That the city of Swainsboro shall have and enjoy all the rights, privileges and powers incident to such corporation, and said corporation by their city 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; to have power to establish and regulate markets; to prescribe the time of holding the same; to prevent injury or annoyance to the public or

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individual from anything dangerous, offensive or unwholesome; 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 or 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 and other structures; to remove any and all obstructions from the streets, sidewalks, alleys or other public domain of said city; to designate the fire limits; to provide for the construction of houses within the same; 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 personal 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 office 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; 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 the 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, firm and clean by the owners or occupants of the real property next adjacent thereto. Municipal powers. SEC. 24. Be it further enacted, That the city council shall cause to be annually made up and entered upon its journal an accurate estimate of all sums which are or may be lawfully chargeable 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 city 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, lightningrod agents, book agents, sewing-machine agents, dealers in musical instruments, clocks and stoves, whether by sample or order taken for future delivery or otherwise, and upon all persons exercising within the city any profession, trade or calling, or any business of

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any nature; provided, said tax is not in conflict with any laws of this State. Taxes. SEC. 25. 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 each month, by himself or an acceptable substitute, on the streets, sidewalks, alleys or public grounds of 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 and commutation tax. SEC. 26. Be it further enacted, That the city council shall have complete control of the manufacturing, wholesaling and retailing of spirituous or malt liquors or any intoxicants in the city; provided, the license for retailing such shall not be less than one thousand dollars per annum; 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. Liquor, control and regulation. SEC. 27. Be it further enacted, That the city 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 public or common 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 city council of said city shall be qualified to vote; said election to be conducted in all particulars as now provided by law for said elections in said city. It shall be the duty of the electors at said election to indorse 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 city 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 one fourth of one per cent. on the taxable property of said city. Public schools. SEC. 28. Be it further enacted, That within six months after the passage of this Act the city council may order an election to be held in said city of Swainsboro on the question of issuing bonds of

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said city for public improvement, and especially 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; also electric lights and water-works, in the discretion of the city council; that thirty days' notice of such election shall be given in the newspaper published in said city, and the same shall be held as all elections are held for said city; that all persons entitled to vote for city council of said city shall be entitled to vote in said election; that ballots cast at such election shall have thereon For Bonds, or the words Against Bonds, and that the returns of said election shall be returned to the city 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 city 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 city council shall determine, to be due and payable at any time in thirty years after issue, as the said city council shall determine; and said bonds shall bear interest not to exceed six 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 the mayor and council, and shall be negotiated in such a way and manner as said city council shall determine to be for the best interest of said city of Swainsboro. Bonds for public improvements and for schools, election for SEC. 29. Be it further enacted, That the funds arising from the sale of such bonds will be placed on deposit in a bank selected by the city council, to be used by a board of school commissioners to be appointed by the city 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. Proceeds of bonds. SEC. 30. Be it further enacted, That said city 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 provide for the redemption of said bonds as the principal shall become due. Tax to pay interest and to redeem bonds SEC. 31. Be it further enacted, That the city council shall within sixty days after the passage of this Act plainly mark and establish the corporate lines of said city, the same to be in a circle one mile in every direction from the center of the court-house in said city; that in addition to staking, blazing out and stone-posting

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said circle or corporate line, there shall be sign-boards put on every road, street, lane or pathway crossing said corporate line, with letters inscribed thereon, not less than one inch in length, plainly reading City Limits. Corporate limits. SEC. 32. Be it further enacted, That vacancies in the office of councilman 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. 33. 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 a majority of said board shall be sufficient to hear said appeal; but there may be certiorari to the Superior Court from the decision of either the mayor or board of councilmen. Appellants before appealing must pay all cost or file an affidavit that owing to his poverty he is unable to pay cost and give the usual appeal bond. Appeals. Certiorari. SEC. 34. 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 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. Mayor and councilmen removable for cause. SEC. 35. 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 city council shall deem best; provided, in no case shall the license imposed exceed one dollar per capita on said dogs. Tax on dogs. SEC. 36. Be it further enacted, That the mayor, as such, when presiding at any police court or 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]na duly and legally served upon them without legal excuse for such failure. Contempt. SEC. 37. 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

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require reports from the other officers of the city showing the exact status of affairs of each office. Mayor executive officer. Financial reports. SEC. 38. Be it further enacted, That all taxes, fines, forfeitures and all other incomes to said corporation shall be collected by the marshal; provided, that said city council may by its by-laws or ordinances give some other officer of said city the right and power to act in said collection. Marshal city collector. SEC. 39. Be it further enacted, That the city of Swainsboro and the city council thereof shall have the authority to exercise all rights, duties and privileges given to the cities of this State under the general law of the State not inconsistent with the provisions of this Act; to prevent, allow or refuse to prevent or allow the erection of telephone systems, street railways of all kinds and similar enterprises, in so far as their decision and conduct does not conflict with the laws of the State of Georgia; to have the right and authority to prevent hogs, cows, horses and stock and cattle of all kinds from running at large in said city; to impound the same as may be by them prescribed, and to punish any owner of said stock who wilfully turns out for the purpose of allowing them to run at large any stock. Municipal powers. SEC. 40. Be it further enacted, That said city council shall build, erect and maintain a city guard-house or barracks for their use in the confinement of offenders, and to be used in any and all ways necessary to carry out the provisions of this Act, the ordinances and by-laws, rules and regulations made in pursuance to the same. Guardhouse. SEC. 41. Be it further enacted, That this Act when passed and aproved as required by law shall not go into effect until the third Monday in December, 1900, the same being the 17th day of December, 1900. SEC. 42. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 6, 1900.

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SWAINSBORO, TOWN OF, CHARTER REPEALED. No. 31. An Act to repeal 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 September 27th, 1887, also an Act approved September 27th, 1891, and all Acts not herein mentioned pertaining in any way to the incorporation of the town of Swainsboro, said corporation to be dissolved and declared null and void. 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 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 September 27th, 1887, also an Act approved September 27th, 1891, and all Acts not herein mentioned pertaining in any way to the incorporation of the town of Swainsboro be, and the same are, hereby repealed. Swainsboro, town of, charter repealed. SEC. 2. Be it further enacted, That said corporation be, and the same is hereby dissolved and declared null and void. Approved December 3, 1900. SWAINSBORO, TOWN OF, CHARTER REPEALED. No. 28. An Act to repeal an Act entitled an Act to repeal 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, and said corporation to be dissolved and declared null and void, and to be incorporated the city Swainsboro in the county of Emanuel, approved December 12th, 1899; to define the corporate limits thereof; to confer upon the mayor and council thereof certain powers, privileges and duties; to provide for public schools and for other purposes; to provide when this Act shall go into effect. SECTION 1. Be it enacted by the General Assembly of the

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State of Georgia, and it is hereby enacted by authority of the same, That 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, and said corporation to be dissolved and declared null and void, and to be incorporated the city of Swainsboro in the county of Emanuel, approved December 12th, 1899, be, and the same is, hereby repealed. Swainsboro, town of, charter repealed. SEC. 2. Be it further enacted, That when this Act is passed and approved it shall go into effect on the 3d Monday in December, 1900, the same being the seventeenth day of December. Approved November 30, 1900. SYLVESTER, TOWN OF, PUBLIC SCHOOLS. No. 147. An Act to establish a system of public schools in the town of Sylvester, Worth county, Georgia; to empower the mayor and council of the said town to levy and collect a tax for the support and maintenance thereof; to provide for the issuance of bonds of the said town for the purpose of purchasing school property, building schoolhouses, etc.; to create a board of school commissioners for the said town; to authorize and require the county school commissioner of Worth county to pay or turn over to the said school commissioners of the said town such part of the State and county school fund as may be the just pro rata share of the said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same (the corporate authorities of the town of Sylvester, Worth county, Georgia, having so recommended), That the mayor and council of the said town of Sylvester, Worth county, Georgia, shall order an election for the purpose of submitting the adoption of this Act to the qualified voters of the said town, of which election notice shall be given by publishing same in a newspaper published in the said town two weeks, or by posting same in three conspicuous places in the said town for ten days, which notice shall state the date of the election, the place of holding

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the same, when polls will open and close and the purpose briefly, which election shall be held under the same rules and regulations and in the same manner as elections of mayor and councilmen of the said town. The qualifications of voters shall be the same, and the returns shall be made and the result declared in the same way as at such elections. At said election those in favor of public schools shall have printed or written on their ballots the 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 it shall appear that two-thirds of the persons qualified to vote at the said election have cast ballots For Public Schools, this Act shall be declared to be adopted and become operative. Should the result of the election herein provided for be against public schools, the mayor and council of the town may, in their discretion, by giving notice as herein provided for, submit the question at the next or any subsequent regular election for mayor and council of the said town until public schools are adopted, when this Act shall become operative. Sylvester, town of. Election for public schools. SEC. 2. Be it further enacted by the authority aforesaid, That, should the election hereinbefore provided for result in the adoption of public schools, then it shall be the duty of the mayor and council of said town at the first regular election for mayor and council thereafter, provided the same does not occur within less than ten days nor more than thirty days thereafter, in which event the mayor and council shall call an election for that purpose, of which at least ten days' notice shall be given by publication or posting notice of same in the same manner as hereinbefore provided for the election on the question of the adoption of public schools, at which election there shall be elected five persons, who shall constitute a board of school commissioners for the said town, one of same for a term expiring at the next regular election for mayor and council thereafter, another at the second, another at the third, another at the fourth and another at the fifth annual election thereafter, this election to be held in the same manner and the result declared in the same way, and the qualification of voters shall be the same as at elections for mayor and councilmen; and their successors shall be elected at the same time and in the same manner as the mayor and council, and the term of office shall be five years, or until their successor is elected and qualified, thus providing that one of said commissioners be elected each year. In case of vacancies for any reason, the mayor and council shall appoint a proper person to serve until the next regular annual election, when a member shall be elected for the unexpired term;

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provided, that the mayor and council may, upon recommendation of a majority of the said board of school commissioners, remove any member of the said board at any time and fill the vacancy thus made in the manner hereinbefore provided. Election for school commissioners. Vacancies. SEC. 3. Be it further enacted, That the said board of school commissioners shall, as soon as practicable after election, organize by electing a chairman and vice-chairman from their own number, and a suitable person from their own number or outside, as they see proper, to act as clerk, which officers shall be thereafter elected annually at the first regular meeting of the board after the election for mayor and council. The chairman of the said board shall be the executive officer of the same and shall be ex officio superintendent of public schools, with such authority and to perform such duties as the board may from time to time prescribe. The treasurer of the said town shall be ex officio treasurer of the said board, and shall receive such extra compensation as the said board may see proper to fix, this to be done at the first regular meeting after the annual election each year. No member of the board shall receive compensation for his services. Officers. SEC. 4. Be it further enacted by the authority aforesaid, That the said board of commissioners shall keep a record of all of their proceedings, and all books kept by the said board shall be open to the inspection of the public. Records. SEC. 5. Be it further enacted by the authority aforesaid, That the said board of school commissioners shall establish and conduct a system of public schools in the said town, to be maintained as hereinafter provided; to establish graded or common schools in the said town as they see proper, which schools shall be under their supervision and control, and under such rules and regulations as they see proper to adopt from time to time, not contrary to the laws of this State; they shall have power to make such rules and regulations for the government of themselves, their respective officers, the various officers, teachers and pupils of the said schools as they see proper to adopt; to appoint and employ the necessary officers and teachers for said schools, prescribe their duties, remove them at will, and to fix their salaries. Board of school commissioners, authority of. SEC. 6. Be it further enacted by the authority aforesaid, That after the ratification of this Act the board of education of Worth county shall not contract with any person to teach a school of any character in the said town, nor shall they establish any school within the corporate limits of the said town of Sylvester, or have any authority or voice in the management of the schools established as herein provided, the same to be left exclusively to the control and management of the said board of school commissioners

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of the said town; and it shall not be lawful for the said county board of [Illegible Text] to establish and maintain any school or schools within two miles of the corporate boundaries of the said town. County board of education. SEC. 7. Be it further enacted, That at least one school for white children and one for colored children shall be established and maintained, under the provisions of this Act, for a term of not less than five and not more than nine months in each year. No white child shall be admitted into the schools for colored children, and no colored child shall be admitted into the schools for white children. All children who are entitled to the benefit of the public school fund under the laws of this State, and who are bona fide residents within the corporate limits of the said town, or within two miles of the corporate boundaries thereof, the board of commissioners to determine when they are within the two miles limit, shall be admitted to the aforesaid schools upon payment of such entrance or matriculation and incidental fees, and without further charge for tuition, as the said board of school commissioners for the said town may impose, it being the purpose hereof that those children residing within the limits set forth, and who are entitled to the benefit of the public school fund, shall not be required to pay anything in addition to the public school fund on account of tuition. Children not resident within the limits above prescribed, and such as are not entitled to the public school fund under the general law of this State, shall be admitted upon such terms as the said board of commissioners may prescribe, not in conflict with the laws of this State. The said board of commissioners may refuse to admit any child or children to the said schools or expel them from the same at any time, if, in their judgment, it would be detrimental to the moral and general welfare of the pupils thereof to allow them to be or remain therein. Separate schools for white and colored-children. Non-residents. SEC. 8. Be it further enacted by the authority aforesaid, That, upon recommendation of the said board of school commissioners, the mayor and council of the said town shall, with as little delay as possible and in the manner hereinafter provided, provide sufficient funds, and shall provide by rent, purchase, building anew or otherwise all schoolhouses and other buildings connected therewith and necessary to the purposes of the said schools, and furnish the same with all necessary school furniture, supplies, apparatus, musical and other instruments, books and libraries, and such other things as the said board may deem necessary to the purposes of the said schools; and shall keep the same in good repair and resupplied from time to time by direction of the said board; and shall, from time to time, by direction of the said board, erect new and additional buildings, or enlarge the old one, should the same

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become necessary or expedient; provided, that in all of these things the plans, specifications and directions of the said board of commissioners shall be carried out literally so far as practicable by the mayor and council. It shall be the duty of the mayor and council, upon recommendation of the said board, to keep all school property insured. Municipal control. SEC. 9. Be it further enacted, That the title to all school property shall vest in the said town of Sylvester; that all accounts and bills receivable of every kind pertaining to the said schools belong to the said town, and that all deeds, notes, bills, checks, drafts, orders, etc., be executed and issued in the corporate name of the said town by and through its proper officers; provided, that the treasurer of the said town shall keep separate books of accounts of all receipts and expenditures on account of the said schools. The said town of Sylvester shall not become liable or chargeable in any manner, except as herein expressly provided; that the said board of commissioners shall make no contracts nor incur any expenses, except as in this Act expressly provided, without the approval of the mayor and council. No money shall be paid out by the treasurer except upon order of the superintendent of public schools, whose duty it shall be to audit and approve all bills. Municipal ownership. SEC. 10. Be it further enacted, That the said town of Sylvester, by and through its proper officers, is hereby authorized and empowered to receive, hold, sell and apply or expend any donation or bequest of property or money made for the benefit of the said schools, or any one or more of the same, or to use the same in the way directed by the person or persons donating or bequeathing the same, not contrary to the laws of this State; to purchase, acquire and own, sell and convey for the purposes of the said schools such property, real and personal, as may be necessary or proper to the same. SEC. 11. Be it further enacted by the authority aforesaid, That the mayor and council of the said town of Sylvester shall have power and authority to call an election, and they shall, as soon as practicable, after the adoption of this Act, call an election for the purpose of submitting the question of the issuance of bonds of the said town for the purpose of raising the necessary fund to carry out the provisions of section 8 of this Act to the qualified voters of the said town. The board of school commissioners herein-before provided for shall furnish the mayor and council an estimate of the amount of bonds necessary, stating for what purpose they are to be issued (the same to be one or more of the purposes enumerated in section 8 above of this Act), what amount of interest they are to bear, how much principal and interest is to be

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paid annually, and when they are to be fully paid off; whereupon, the mayor and council of the said town shall give notice for the space of thirty days next preceding the day of election, in the newspaper in which the sheriff's advertisements for the county of Worth are published, notifying the qualified voters of the said town that on the day therein named an election will be held to determine the question whether the bonds of the said town shall be issued as proposed, specifying in the said notice what amount of bonds are to be issued, for what purpose, what interest they are to bear, how much principal and interest is to be paid annually, and when they are to be fully paid off, and upon the day mentioned an election shall be held, the returns thereof made and consolidated, the result ascertained and declared, and, if it shall appear from the result of said election thus ascertained and declared, that two thirds of the qualified voters of the said town voted in favor of the issuance of the said bonds, then the mayor and council of the said town shall prepare and issue bonds of the said town according to the specifications of the said notice and for the amount therein designated, the same not to exceed ten thousand ($10,000) dollars, all of the acts hereinbefore enumerated to be done in accordance with paragraphs 1 and 2, section 7, article 7 of the Constitution of 1877, and with sixth title, chapter 3, sections 377 to 380 inclusive, of the Code of 1895. The ballots used in voting at the said election shall have written or printed on them For bonds or Against bonds, and the said bonds shall not run for a term longer than twenty years, and may be in such denominations as the mayor and council may see proper to issue them. When the said bonds are so issued they shall be turned over to the said board of commissioners, and shall be by them sold and the proceeds thereof shall be turned over to the treasurer, and shall be used for the purpose or purposes designated in the said notice of election, and for no other purpose. The said mayor and council are hereby further authorized and empowered, upon recommendation of the said board of commissioners, at any time hereafter to call another election, and in the same manner above prescribed for the issuance of the said first bonds, for either one or more of the purposes enumerated in section 8 of this Act, to issue other and additional bonds, the additional issue not to exceed in amount the sum of five thousand ($5,000) dollars at any one time, and not more than one issue to be made in any one calendar year, the proceeds to be used for the purpose or purposes designated in the notice of the election so called, the total issue at no time to exceed the constitutional limit. If the result of any one of the said elections should not be in favor of the proposed issue of bonds, the mayor and council may, in the manner provided, by

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giving the proper notice, etc., submit the question at the next or at any subsequent annual election for mayor aud council, until the result shall be in favor of the proposed issue of bonds, when the same shall be carried out in manner hereinbefore provided. Election to authorize the issue of bonds. SEC. 12. Be it further enacted, That at or before the time of issuing any of the said bonds the mayor and council of the 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 and ample amount to promptly pay the principal and interest of all and any of the said bonds at maturity. Tax to pay bonds. SEC. 13. Be it further enacted, That after the adoption of this Act, it shall be the duty of the principal of each of the said schools established under the provision of this Act, at such times as teachers may be required to make reports to the county school commissioner, or at such times as the board of commissioners of the said town may require, to make and file under oath with the treasurer of said town a report of all of the children between the ages of six and eighteen who have attended their respective schools, this to include all, both resident and non-resident in the said town, giving the number of days each has attended for and during the period of time covered by such report, and the treasurer shall make out a consolidated report of same, giving the total number of days attended by all of the pupils of all of the said schools during the said time, to which he shall attach the said reports of the said principals, and file the same with the county school commissioner of the said county of Worth, who shall thereupon pay to the said treasurer of the town of Sylvester the just proportion of the public school fund of the said county to which the said pupils, including those non-resident who attended the said schools as well as those resident in the same town, may be entitled under the rules of distribution of the said State and county public fund provided by the laws of this State, the same to be paid at such times as the teachers of the said county are paid. School reports. State and county school funds. SEC. 14. Be it further enacted by the authority aforesaid, That as soon as practicable after the adoption of this Act, and on or by the the first of August of each succeeding year, the said board of school commissioners of the said town shall fix the date of the beginning of the ensuing scholastic year, and the number of months that each of the schools of the said town shall be kept open during such year, the number and length of the terms, etc., and shall fix the number of teachers for each of the said schools and the amount of their salaries, and shall make out a schedule of these and all other expenditures that they then expect to make during the ensuing year, and shall file the same with the mayor of the said town of Sylvester,

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together with their estimate of the amount of money it will be necessary to raise by taxation to keep up and maintain the said schools and school property, pay the debts falling due, and all expenses of the said schools for the ensuing year, and such recommendations as they desire to make with reference to the property, improvement, support and maintenance and general conduct of the said schools; whereupon it shall be the duty of the mayor and council of the said town, at a regular meeting of the council or at a meeting called by the mayor for that purpose, within ten days thereafter, to provide for the levy and collection of the said tax to raise the amount of money thus estimated to be necessary for all of the purposes of the said schools; and the said mayor and council are hereby authorized, empowered and required to levy and collect the said tax in the same manner that other ad valorem taxes of the said town are collected, and all of the property, both real and personal, within the corporate limits of the said town, on the day fixed by the charter or ordinances of the said town for the return or assessment of taxes, or that may be fixed for the same, immediately preceding the first of August of each year, is hereby made subject to the said tax and all other taxes in this Act provided for; provided, that the total amount of the same shall not exceed the percentage of the taxable property of the said town as limited by the Constitution and laws of this State. Tax for support of schools. SEC. 15. Be it further enacted, That the pro rata part of the public fund received from the county school commissioner, the amount raised by taxation, all amounts received from entrance, matriculation, tuition, incidental or other fees, and all amounts received from all other sources, except as by this Act otherwise expressly provided, shall be turned over to the treasurer of the said town, and shall constitute the public school fund of the said town, and shall be expended for the support and maintenance of the said schools, schoolhouses and property, keeping the same repaired and insured, improving and furnishing the same, paying the bonded and other indebtedness of the said town on account of the said schools and school property, and to pay all the expenses pertaining to and incidental to the said schools and school property, and for carrying on the said schools. Public school fund of town. SEC. 16. Be it further enacted, That in case any school property acquired by the said town under the provisions of this Act, or otherwise pertaining to the said schools, be sold, which may be done at any time upon recommendation of the said board of commissioners, the funds derived from such sale or sales shall be reinvested in property for the use of the said schools, or applied to the liquidation of the bonded or other indebtedness of the said town on account

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of the said schools first, then to any purpose that the mayor and council, upon recommendation of the said board, may see proper for the benefit of said schools. Proceeds rom sale of school property. SEC. 17. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1900. TENNILLE, TOWN OF, CHANGED TO CITY OF. No. 86. An Act to amend an Act to provide a new charter incorporating the town of Tennille in the county of Washington, to grant certain powrs and privileges to said town, and for other purposes, approved October 24th, 1887, so as to change the name of the town of Tennille to the city of Tennille, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the corporate name of the town of Tennille in the county of Washington be, and the same is, hereby changed to the city of Tennille. Tennille, city of. SEC. 2. Be it further enacted by the authority aforesaid, That wherever the word town occurs in the above recited Act, to wit: An Act to provide a new charter for the town of Tennille in the county of Washington, and to grant certain powers and privileges to said town, and for other purposes, approved October 24th, 1887, the same shall be stricken, and the word city substituted therefor. Change of corporate name. SEC. 3. Be it further enacted by the authority aforesaid, That from and after the passage of this Act said municipal corporation shall sue and be sued, contract and be contracted with, under the corporate name herein provided, to wit: The city of Tennille. Change of corporate name. SEC. 4. Be it further enacted by the authority aforesaid, That all laws, and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 15, 1900.

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THOMASTON, CITY OF, BONDS OF. No. 4. An Act to authorize and empower the city council of the city of Thomaston in Upson county, Georgia, to order an election held therein to determine whether or not bonds shall be issued by said city of Thomaston in a sum not to exceed ten thousand dollars, and same to be sold, and same, or such portion thereof as may be necessary, to be used for the purpose of establishing, building, maintaining or purchasing and operating, or leasing, maintaining and operating a system of electric lights for said city of Thomaston; and to authorize the issuing said bonds, selling the same, and the assessing, levying and collecting a tax on all property, both real and personal, in said city of Thomaston for the purpose of paying the interest upon said bonds as well as the principal thereof, 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 city council of the city of Thomaston shall 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 ten thousand dollars, and same, or such portion thereof as may be necessary, to be sold for the purpose of establishing, building, maintaining, or purchasing and operating, or leasing, maintaining and operating a system of electric lights for said city of Thomaston, and at said election the ballots shall be written or printed, to wit: For electric light bonds or Against electric light bonds. Thomaston, city of. Election for electric light bonds SEC. 2. Be enacted by the authority aforesaid, That should the said election herein provided for be in favor of bonds for electric lights, then the said city council of the city of Thomaston shall be, and is, hereby authorized to issue said bonds for the purpose set forth in section 1 of this Act, in a sum not to exceed ten thousand dollars in the aggregate, each of said bonds to be in such sum as said city council of said city may designate; provided, the same be not less than one hundred dollars and not more than one thousand dollars each; and said bonds are to run for a period of not longer than thirty years, with interest thereon at a rate not exceeding six per cent. per annum, said interest to be paid annually or semiannually as said city council may elect and direct, and at such place or places as said city council may designate. Bonds, description of.

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SEC. 3. Be it further enacted by the authority aforesaid, That said city council of said city of Thomaston shall have power and authority, and are hereby vested with the same, to determine how much, if any, of the principal of said bonds shall be paid annually; or if the said city council deem it best and most conducive to the interests of the said city of Thomaston, they are hereby authorized and empowered not to make annual payments on the principal, but to make such payments on the principal of said bonds at such times as they may deem best, or to defer payments on the principal of said bonds until all of the principal of said bonds has matured at the expiration of the time for which they are issued. Maturity of SEC. 4. Be it further enacted by the authority aforesaid, That said bonds shall be signed by the mayor and clerk and treasurer of said city of Thomaston under its corporate seal, and shall be sold, hypothecated or disposed of to the very best advantage and interest of said city of Thomaston, as may be determined by said city council of said city of Thomaston, and the proceeds thereof used for the purposes set forth in section 1 of this Act. How signed and sold. SEC. 5. Be it further enacted by the authority aforesaid, That the system of electric lights herein provided for shall be located at such place or places, and maintained and operated in such manner and style as said city council shall deem for the best interest of said city and its citizens, and that will be most conducive to a full economic supply of good lights for the use of said city and the citizens thereof. System of electric lights. SEC. 6. Be it further enacted by the authority aforesaid, That said city council of said city shall have full and ample power to make any and all rules, regulations and ordinances relative to said electric lights and the use of said lights by the citizens of said city that they may deem right and proper; provided only, that the same are not repugnant to the Constitution and laws of this State. Rules for use of lights SEC. 7. Be it further enacted by the authority aforesaid, That said city council of the city of Thomaston are hereby authorized and empowered to sell lights to consumers, to charge therefor such sum as said city council may deem just and proper for the use of said lights; the proceeds of the sale of said lights to be used in maintaining said system and operating same, and if any profit should be derived from the sale of said lights, same is to be applied to the payment of the interest and principal of said bonds. Sale of lights. SEC. 8. Be it further enacted by the authority aforesaid, That the said city council of said city are hereby authorized and empowered to annually assess, levy, and collect a tax on all the property, both real and personal, within the corporate limits of said

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city, in such sums as they may deem right and proper for the specific purpose of paying the interest on said bonds and accumulating a fund for the payment of the principal on said bonds on maturity of said bonds, or at such times as said city council may have fixed for the payments on the principal of said bonds. Tax for sinking-fund to pay bonds. SEC. 9. Be it further enacted by the authority aforesaid, That the city council of said city are hereby authorized and empowered, in lieu of making payments on the principal of said bonds before the maturity thereof, to make such deposits, loans or other disposition of the money raised annually for the payment of the principal on said bonds as will secure interest on such money and insure its safety to be forthcoming to meet the said bonded indebtedness of the said city at its maturity, and thus annually provide a sinking-fund for the said purpose of paying the principal on said bonds when all have matured. Disposition of sinking fund. SEC. 10. Be it further enacted by the authority aforesaid, That if the election herein provided for should be against the issuing of said bonds, then in that event the city council of said city of Thomaston may at their own instance, and shall on the application in writing of any five freeholders of said city at any time hereafter, order another election under the provisions of this Act; provided only, such election shall not be held oftener than once in every four months. Other elections. SEC. 11. Be it further enacted by the authority aforesaid, That all laws, and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 23, 1900. THOMASVILLE, CITY OF, PUBLIC SCHOOLS. No. 124. An Act to establish a system of public schools in the city of Thomasville, Thomas county, Georgia, and to provide for the maintenance and support of same by local taxation and otherwise; to provide for the government of the same; to provide for a board of education for said public schools in said city; to authorize and require the county school commissioner of Thomas county to pay over to the treasurer of the board of education for the use of said public school such part of the State school funds as may be the just pro rata share of the said city of Thomasville, to be determined by the school census of said city of Thomasville, and for other purposes. SECTION 1. Be it enacted by tho General Assembly of Georgia,

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and it is hereby enacted by the authority of the same, 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 city of Thomasville, Thomas county, Georgia. Thomasville, city of. Public schools. SEC. 2. Be it further enacted by the authority aforesaid, That in conformity with the provisions of article eight (8), section four (4), paragraph one (1) of the Constitution of the State of Georgia, there shall be held in the city of Thomasville within thirty days after the passage of this Act, or as soon thereafter as practicable, an election on the question of local taxation for the support of the said system of public schools, and all persons who are qualified to vote for mayor and aldermen in the last preceding election and those who have become qualified since shall be entitled to vote in this election herein provided. All voters who favor such local taxation for public schools shall have written or printed on their ballots For Public Schools, and those who oppose shall have written or printed upon their ballots Against Public Schools, and in case two thirds of the votes cast at said election shall be for public schools, then it shall be the duty of the mayor and aldermen of the city of Thomasville annually to raise by taxation a sum sufficient to carry out the purposes of this Act; provided, the same shall not exceed one fourth () of one per cent. on the taxable property of said city, and in the manner hereinafter provided. The said mayor and aldermen shall give public notice of this election once a week for two weeks prior to said election in one of the public gazettes in said city. The returns of said election shall be made to and the result declared by said mayor and aldermen of said city of Thomasville. Should this Act fail to receive the necessary two-thirds ([frac23]) of the votes cast at such an election the said mayor and aldermen may submit the same to another election under the same rules and regulations and qualifications after the expiration of twelve months, and so continue it until the same is favorable to the adoption of this Act; provided, that elections shall not be had therefor more than once in twelve months, and it shall be the duty of the mayor and aldermen to order an election on the written request of fifty (50) freeholders of said city until said election shall result favorably to public schools. Election for public schools. SEC. 3. Be it further enacted by the authority aforesaid, That there shall be a board of education for said city of Thomasville under the corporate name of the board of education for the city of Thomasville, with the right to sue and to be sued in the said corporate name. Said board shall consist of seven (7) members, to be elected by the said qualified voters of said city at the

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next election for mayor and alderman had for said city after the adoption of this Act. After election and before entering upon their duties the seven (7) members elected shall settle their terms of office by lot, three (3) members for three (3) years, two members for two (2) years, and two members for one year, and as terms of the respective members expire as before indicated their successors shall be elected at the same time and in the same manner, and at the same place that the mayor and aldermen of said city of Thomasville are elected, whose terms shall be for three (3) years or until their successors are elected and qualified. All vacancies on the board of education caused by death, resignation, removal from the city or otherwise shall be filled by the mayor and aldermen of said city at their first (1st) regular meeting after said vacancy occurs. No person shall be eligible for election of said board who is not eligible for election for mayor or alderman of said city. No person shall be eligible to election to membership on said board who at the time of his election is mayor or alderman of said city. Board of education incorporated. Members, election of. Vacancies. Eligibility. SEC. 4. Be it further enacted by the authority aforesaid, That the officers of said board shall be a president, vice-president, secretary and treasurer. The office of secretary and treasurer shall be filled by one and the same person, who shall before entering upon the duties of his office take and subscribe 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 the said board of education, and the said board of education is hereby empowered to bring suit and to maintain upon said bond in any courts of this State for a breach of said bond by said secretary and treasurer, and the proceeds of the said suit shall be applied to the public schools of this said city. Said secretary and treasurer shall not pay out any moneys except by order of the board. No officer of said board shall receive any compensation except the secretary and treasurer, whose compensation shall be fixed by said board. His books shall be open for inspection by the members of said board. Said secretary may or may not be a member of said board of education. A quorum of the board of education shall consist of a majority of the members. Said board of education shall have regular monthly meetings; the time of same shall be fixed by them, and they shall meet as much oftener as the public school interests may require. Their officers shall be elected by ballot, and shall hold their office for one year, and until their successors are elected and qualified. Officers. Quorum of board. Meetings of board.

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SEC. 5. Be it further enacted by the authority aforesaid, That said board of education shall have authority to establish, and from time to time modify a system of public schools for said city of Thomasville, to be open not less than eight (8) and not more than ten (10) scholastic months in each year. Said board of education, as soon after their election as practicable, shall make provisons for the opening of said public schools. Said board of education shall have authority to purchase, build engage and rent buildings for the school purposes and to accept gifts and donations of property, money and other things for school purposes under this Act; and all deeds taken to real property shall to the board of education for the city of Thomasville, and their successors in office. Said board shall have the authority to employ a superintendent and other teachers for said public schools, and to prescribe their duties and to suspend or discharge them for good causes, to prescribe the terms upon which pupils shall be admitted to said public schools, and to make such rules and regulations and by-laws as they deem right and proper for the maintaining a system of public schools for said city. Said board of education shall have the power to fix the compensation of all teachers employed in said public schools, and to pay same. Said board shall keep the minutes of each meeting, which shall be open to the inspection of the mayor and aldermen, or any citizen of said city. Said board shall regulate the curriculum and the books to be used in said school. Organization and control of schools. SEC. 6. Be it further enacted by the authority aforesaid, That said board of education shall determine, as early as practicable in each year, what amount of money will be necessary to raise by taxation to defray the expenses of said public schools for the ensuing year, and shall lay the same before the mayor and aldermen of said city, and the mayor and eldermen are hereby authorized, and shall be required to levy a tax annually in addition to that now authorized by the law on all the taxable property of said city, not to exceed one fourth of one per cent, on the same, and when collected, the collecting officers of said city shall pay the same over to the treasurer of said board of education, to be disbursed for the maintenance of said public schools, and to be paid out under order of said board under such regulations as they may prescribe. Said taxes shall be collected by levy and sale as the other taxes of said city are collected. Tax for support of schools. SEC. 7. Be it further enacted by the authority aforesaid, That the county school commissioner of Thomas county shall pay over to the treasurer of said board of education the pro rata

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share of the State and county school funds coming to said city, which pro rata amount shall be determined by the school census of said city of Thomasville. County School fund. SEC. 8. Be it further enacted by the authority aforesaid, That said board of education shall establish separate schools for the white and colored children, and the white children shall be allowed to attend only white schools and the colored children to attend colored schools. That all children between the ages of six (6) and eighteen (18) years whose parents, guardians or natural protectors bona fide reside within the corporate limits of said city of Thomasville shall be entitled to the benefits of said public schools. The board may also admit children to the said public schools whose parents, guardians or natural protectors do not reside within the corporate limits of said city, upon the payment of such tuition as the board of education may prescribe. Separate schools for white and colored children. Non-residents. SEC. 9. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 30, 1900. THOMSON, TOWN OF, NEW CHARTER. No. 74. An Act to amend, consolidate and supersede the several Acts incorporating the town of Thomson in the county of McDuffie; to confer additional power upon the corporate authorities thereof and otherwise amend the charter of said town, and to provide a new charter for same; to authorize the authorities of said town to establish and maintain a system of water-works and electric lights in said town; to provide revenue for the maintenance of same; to authorize the issuing of bonds of said town by the mayor and council; to extend the corporate limits of said town, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act the Act incorporating the town of Thomson, entitled an Act to consolidate, amend and supersede the Acts incorporating the town of Thomson, in the county of McDuffie; to provide for mayor and councilmen; define their powers and duties; repeal conflicting laws, and for other purposes, approved July

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24, 1889, be, and the same is, hereby repealed, and the following shall be the charter of the town of Thomson in the county of McDuffie. Thomson, town of, new charter. SEC. II. Be it further enacted, That the town of Thomson shall continue to exist under the name and style of the mayor and council of the town of Thomson, and the corporate limits of said town shall extend three fourths of a mile in every direction from the Knox Hotel in said town. Corporate name and corporate limits. SEC. III. Be it further enacted, That the government of said town shall be vested in a mayor and four councilmen, and until the expiration of the term of office for which the present mayor and councilmen now in office were elected, the present mayor, Ira E. Farmer, shall be mayor, and the present councilmen, W. F. Geesling, T. A. Brinkley, W. R. Hadley and A. J. Mathews, shall be councilmen, and should a vacancy occur by death, resignation or otherwise before the expiration of either of said officers' term of office, then, and in that event, an election shall be held to fill or supply said vacancy or unexpired term, as is hereinafter provided for a vacancy in the office of mayor or councilmen. Mayor and councilmen. SEC. IV. Be it further enacted, That from and after the passage of this Act, the mayor and councilmen shall be elected on the second Monday in January, biennially, the first election under this charter to be held on the second Monday in January, 1901, and hold their respective offices for the term of two years next thereafter and until their successors are duly elected and qualified. Said election shall be held at the council chamber, or such other place as the mayor of said town shall direct and designate; and should there fail to be an election held in said town at the time above specified, from any cause whatever, the mayor of said town shall order an election held in said town by posting notice in three public places in said town and advertising said notice for two weeks prior to said election in a public gazette published in said town or having a general circulation therein. The polls at all elections in said town shall not be opened before eight o'clock a. m., and shall be closed at four o'clock p. m. The qualifications of voters of said elections shall be such as are required for electors to the General Assembly of this State, and, in addition thereto, residence within the corporate limits of said town for six months next preceding the election, and the payment of all legal taxes required of them by said corporation. Mayor and councilmen, election of. SEC. V. Be it further enacted, That said elections shall be held under the superintendence of three freeholders; said superintendents to take an oath for the due and legal performance of their duties as such superintendents, and to have all powers incident to

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superintendents of elections in this State. In case the managers shall have any reasonable doubt as to the qualifications of any voter, or should any vote be challenged, they shall administer the following oath: You do swear that you are a citizen of the State of Georgia; that you have attained the age of twenty-one years; that you have resided one year in this the town of Thomson; that you have paid all taxes required of you by the State and county, according to law, and have paid all taxes legally due to the authorities of said town of Thomson; so help you, God. And the superintendents of said elections 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 the prescribed oath. Managers of elections. SEC. VI. Be it further enacted, That no person shall be eligible to any office under this Act who is not eligible as a voter at the election aforesaid. Eligibility. SEC. VII. Be it further enacted, That before entering upon their official duties said mayor and councilmen shall each be sworn faithfully and impartially to discharge the duties of his office to the best of his ability; and they shall constitute a body corporate under the name and style of the mayor and council of the town of Thomson, and by that name and style shall have perpetual succession, with power to sue and be sued in the courts of the State; to purchase, hold and convey property, and to contract and to be contracted with so far as may be necessary to the proper management of the affairs of said town, and make all ordinances, rules and regulations necessary for the proper government of said town, not inconsistent with the laws of this State; to preserve the good order and health of said town; to open and lay out such new streets in said town as the public interest may require; to widen and straighten or otherwise change the streets, lanes, alleys or sidewalks in said town; to lay off, open, close up, curb, pave, drain and bridge, when necessary, keep in good order and repair the roads, streets, bridges, sidewalks, alleys, drains and gutters, and to remove all obstructions or nuisances from the same; to regulate and control all taverns and public houses; to establish markets and regulate all butcher-pens and tan-yards. livery stables, blacksmith shops, forges, stoves and chimneys in said town, and remove the same or any of them in case they should become dangerous or injurious to the health or property of any citizen of said town, and to remove or abate any other thing that may be deemed by them to be a public or private nuisance and injurious to the health, peace and quiet of the town; to protect places of

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public worship; to regulate the keeping of gunpowder and other combustibles; to provide cemeteries for the burial of the dead and regulate interments therein; to make regulations for guarding against fire; to organize and equip fire companies; to fix and establish fire limits, and, from time to time, to enlarge or restrict the same, and prescribe what kind and classes of buildings shall not be constructed within said limits; to fill open wells or other excavations on uninclosed premises. And the said mayor and council shall also have entire and absolute control and jurisdiction of all said pipes, private drains and sewers, water-closets, privy vaults and dry wells in said town, with full power to prescribe their location, structure, uses and preservations, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said town; and with power also to require changes in, or the total discontinuance of, any of such contrivances and structures already in existence or that may hereafter be allowed, and to compel the owners of property to convey the water from their lots by keeping open all necessary and sufficient ditches for that purpose, and to provide for the regular building of houses or other structures, and for the making of division fences by the owners of adjacent premises. Mayor and councilmen, municipal powers. SEC. VIII. Be it further enacted, That the mayor and council of the town of Thomson be, and they are, hereby authorized and empowered to purchase, build and maintain a system of waterworks and electric lights for said town, to hold an election on a day specified as now required by law, to determine the question of creating a bonded debt for said purposes, not to exceed in the aggregate twenty-five thousand ($25,000.00) dollars, the bonds to be of such denomination as said mayor and council may think best, to be due and payable at any time within thirty years after issued, as said mayor and council may determine, and that said bonds when issued shall bear interest not to exceed six per cent. per annum; to provide at or before the incurring of said indebtedness for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said debt as the same falls due, such portion as may be necessary to be set apart as a sinking-fund with which to pay said bonds at their maturity. The tax hereby authorized and required to be levied shall be, in addition to that levied under this charter of said town, for general purposes. Waterworks and electric lights. SEC. IX. Be it further enacted, That said bonds herein authorized to be issued shall be sold as hereinafter provided, and the proceeds of said sale shall be used for water-works and electric

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lights for the town of Thomson; said bonds shall be executed by the official signatures of the mayor and clerk of the town of Thomson, and having affixed the corporate seal of said town. The coupons or interest warrants shall be signed by the clerk of the town, and each coupon or interest warrant shall indicate the bond to which it belongs. The clerk of the council shall keep a record of the numbers and denominations of all the bonds issued. Bonds, proceeds from sale of. SEC. X. Be it further enacted, That said bonds, as they fall due, and the interest coupons or warrants upon said bonds shall be paid by the clerk of the council by order of the mayor of said town of Thomson on presentation at the office of said clerk when due, or at such agency in the city of New York as may be designated by ordinance passed before issuance of said bonds. That the principal of said bonds, when they shall become due, and the coupons or interest warrants of the same, when they shall become due, shall be receivable by the town of Thomson in payment of all dues to the town of Thomson, and said bonds shall not be taxable, directly or indirectly, by the town of Thomson. Bonds, when and how paid. Not taxable. SEC. XI. Be it further enacted, That so soon as the bonds to be issued under this Act shall have been signed by the mayor and clerk of council of the town of Thomson, and the corporate seal of said town attached thereto, they shall be kept safely by the mayor and sold by him in the following manner: He shall advertise said bonds for sale to the highest bidder, for thirty days, in such newspapers and cities as he may think best for bids for said bonds, and the said bonds shall be sold to the highest and best bidder; provided, that in no event shall said bonds, or any of them, be sold for less than par. Bonds, how kept and sold. SEC. XII. Be it further enacted, That before the bonds herein provided for shall be issued the assent of two-thirds of the qualified voters of the town of Thomson shall be obtained in the manner now provided by law as prescribed in sections 377, 378, 379 and 380 of the Code of 1895. Bonds, election for. SEC. XIII. Be it further enacted, That the said mayor and council be, and the same are, hereby authorized to condemn property for the purpose of constructing said water-works and electric lights, both in and out of said town of Thomson, under the same rules as prescribed for the condemnation of property for public roads in this State. Condemnation of property. SEC. XIV. Be it further enacted. That the said mayor and council shall have authority to pave the sidewalks of said town with brick, cement, stone or any other like substance; the cost of said paving may be charged to the owner of the adjoining or abutting property, and on the failure or refusal of the said owner to

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pay said cost of said paving, execution may issue against the owner of said adjoining or abutting property and also against said property, and the same be sold, as provided elsewhere in this charter, to satisfy said execution. Sidewalks paving. SEC. XV. Be it further enacted, That the said mayor and council may establish a chain-gang for said town for the purpose of working upon the streets, drains or any other public works of said town persons convicted and sentenced in the mayor's court. And in case any person so convicted shall escape from said chaingang before his or her term of service shall have expired, upon a warrant issued by the mayor of said town, the same may be arrested in any part of the State by the officers of said town or by any other officer authorized to make an arrest. And said party so escaping, on conviction in the mayor's court, may be sentenced to not more than thirty (30) days additional service in said chaingang for said escape. Be it further enacted, That the said mayor and council may make all necessary rules and regulations for the proper government of said chain-gang, and that nothing herein contained shall be construed as making it obligatory upon said mayor and council to establish a chain-gang. Chaingang. SEC. XVI. Be it further enacted, That said mayor may hold police courts, try offenders for violation of ordinances, rules and regulations prescribed for the government of said town, and may punish violators of the same by a fine not to exceed fifty dollars, imprisonment not to exceed thirty days, to work on the streets of said town not to exceed thirty days, and any one or more of these punishments may be ordered in the discretion of said mayor; and when sitting as a court said mayor may fine for contempt not exceeding ten dollars or imprisonment five days for such contempt. From said decisions of said mayor imposing punishments or penalties for violations of such ordinances, rules and regulations there may be an appeal to the mayor and council upon such terms as may be prescribed by said mayor and council. Police court. Appeals from. SEC. XVII. Be it further enacted, That said mayor and council may appoint a clerk, treasurer and marshal and such police officers as they, at any time, may deem necessary to assist the marshal in preserving the good order and peace of the town and prescribe their duties, not inconsistent with this Act and the laws of this State; and shall provide and take such bonds from said officers as may be necessary for the faithful performance of the duties of their offices, and fix their compensation. Said mayor and council are authorized to appoint a tax-assessor or assessors, should more than one be required, to assess the taxable property of said town, and perform such other service as may be required in connection

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with said office; fix the compensation of said assessor, and require a bond for the faithful performance of his duties; provided, that nothing in this Act shall disqualify one person from holding the offices of clerk, treasurer and assessor at the same time; and the mayor and council shall have full power to remove any of said officers for neglect of duty, incompetency or other good and reasonable cause. That the said mayor and council shall also have authority to appoint a board of health consisting of not less than three members nor more than five, whose duties shall be to look after the sanitary condition and health of the people of the town. To this end they shall have authority to make all necessary rules and regulations to properly protect the health of the community; and said rules and regulations, when so made and published and have been approved by the mayor and council, shall have full force and effect of law, and the mayor and council may provide a penalty for the violation of same. Officers. Board of health. SEC. XVIII. Be it further enacted, That the marshal of said town may arrest without a warrant any person who violates the ordinance of said town and bring the offender before the mayor for trial, and to this end may summon any citizen or citizens of said town as a posse to assist in such arrest. When brought before the mayor a written or printed accusation shall be preferred against the offender in manner and form as follows: State of Georgia, town of Thomson. I, , marshal of said town, in the name and the behalf of the mayor and councilmen of said town, charge and accuse with the offense of (here state the offense fully), contrary to the laws of said town This, day of , 1900, and shall be signed by the marshal or his deputy, or acting marshal, as prosecutor, and when such accusation is preferred the same shall be sufficient authority to hold the accused until the final trial of the case, and to that end the accused may be imprisoned, unless he gives a good and sufficient bond and security for his or her appearance at such time as may be required, such bond to be approved by the mayor; if such bond be given and the accused shall fail to appear at the time fixed for trial, the bond may be forfeited by the mayor and execution issued thereon by serving the defendant, if to be found, and his securities with a rule nisi at least five days before the time of hearing such rule nisi, to be signed by the mayor and clerk of council. Arrests of offenders. SEC. XIX. Be it further enacted, That all taxes, assessments, fines and penalties recoverable by this Act may be enforced by execution. All writs, processes and subp[oelig]nas issued in behalf of said town shall be directed to the marshal of said town, and signed in

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the same manner as executions. All executions issued in behalf of said town for the collection of any tax, fines, forfeitures or other purposes, shall be directed to the marshal and signed by the mayor or mayor pro tem. and clerk of council, and all sales by the marshal of said town shall be advertised, if personal property, by posting said advertisement in three of the most public places in said town for ten days before the sale; and if real estate, the marshal shall advertise the same once a week for four weeks in the public gazette in which the sheriff's advertising of the county is done, and shall only sell said real estate on the first Tuesday in each month within the legal hours of sheriff's sales. Said marshal may levy upon, sell and execute titles thereto to any real estate or personal property in said town, and when a claim or illegality shall be interposed, the marshal shall not sell, but in case of personal property, the claim or illegality shall be returned to the judge of the county court, but if there be no such judge, then to the justice court of the district in which said town is situated, unless the amount exceeds the jurisdiction of said courts, then the same shall be returned to the Superior Court of McDuffie county, and in case the claim or illegality be interposed to the sale of real estate, the same shall be returned to the Superior Court of the county in which the property is situated; and in all such cases in any or all of said courts the same rule shall apply and the same proceedings shall be had and the same appeals, certiorari or other exceptions shall be allowed as are legal in like cases in said courts. SEC. XX. Be it further enacted, That said mayor and council shall have full power and authority to assess, levy and collect such taxes upon real and personal property within the corporate limits of said town as they may deem necessary for the support and government of said town; provided, that the tax so assessed shall not exceed one half of one per cent.; also to levy and collect such tax on business occupations, theatrical exhibitions or other performances exercised, performed or exhibited within the corporate limits of said town, and fix such licenses on circuses, menagerie shows (including all shows of domestic or wild animals) or other shows, billiard tables, pool tables, tenpin alleys or alleys of any kind used for the purpose of playing or renting, as may be deemed proper. The mayor and council shall require all persons subject to pay such vocation tax or license, to pay the same or take out such license by the 1st day of March in each year, and they may punish by fine not to exceed twenty-five dollars, or imprisonment not to exceed twenty days, all persons convicted of carrying on a business in said town without paying such tax or license, and the tax or license so paid shall run

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from the date thereof to the 1st day of March following; and the mayor and council may, at any time, when they deem it proper, fix the amount for a fractional part of a year. Tax on property. Specific taxes and licenses. SEC. XXI. Be it further enacted, That there shall be a lien on all real estate and personal property within said town for the town taxes assessed thereon, and for all fines and penalties assessed or imposed on the owners thereof by the authorities of said town from the time they are assessed or imposed, which shall have priority over all other liens, except the liens due the State and county. Liens for taxes, etc. SEC. XXII. Be it further enacted, That the tax-assessor or assessors for said town shall assess the cash market value of all property, both real and personal, in the corporate limits of said town, and turn over such assessments to the mayor and council at their regular meeting in September of each year, and should and property owners be dissatisfied with the assessment or valuation placed upon his or their property by the assessor or assessors, he or they shall have the right to appeal from said assessment to the mayor and council; provided, said appeal shall be made within ten days after the returns of said assessor or assessors shall have been made to said mayor and council. Tax assessors. SEC. XXIII. Be it further enacted, That said mayor and council shall have power to take up and impound any horses, mules, hogs, cows or other cattle running at large in said town and to make and enforce all ordinances which they may deem necessary and proper for the regulation and control of all such animals in said town; and they shall have power to levy a tax on each dog in said town running at large, not to exceed one dollar a year. Animals impounded. Tax on dogs. SEC. XXIV. Be it further enacted, That said mayor and council may choose from their own number a mayor pro tem., who shall, in the absence, sickness or disqualification of the mayor, perform all the duties required of the mayor, and, in case of the absence, sickness or disqualification of the mayor and mayor pro tem., a majority of the council shall choose one of themselves to act as mayor temporarily. Mayor pro tem. SEC. XXV. Be it further enacted, That in case of a vacancy in the office of mayor or councilmen by death, resignation or otherwise, an election to fill such vacancy shall be ordered by said council to take place at such time as may be specified in said order, after notice of the same is published by posting at two public places in said town for the space of at least ten days before said election. Vacancies. SEC. XXVI. Be it further enacted, That the mayor, or in his absence the mayor pro tem., shall be the chief executive officer of

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said town; he shall see that all the laws and ordinances of the town are faithfully executed; he shall have power to convene the council in extra session whenever, in his judgment, the exigencies of the case require it; he shall preside over all meetings of council, but shall have no vote except in case of a tie. It shall be the duty of the mayor, or acting mayor, to hold mayor's court as often as may be necessary for the examination of any offense that may be reported to him, or the trial of such persons as may be brought before him; he shall be ex officio, a justice of the peace, so far as to empower him to commit to jail or admit to bail persons charged with violating the criminal laws of this State, in the same manner and under the same rules and regulations prescribed by law for justices of the peace. Mayor executive officer. Ex officio a justice of the peace. SEC. XXVII. Be it further enacted, That the salary of the mayor shall be fixed by the mayor and council of the town, and shall not exceed the sum of one hundred ($100.00) dollars per annum, and such other perquisites from the police court of said town as the mayor and council may authorize by ordinance. Salary. SEC. XXVIII. Be it further enacted, That it shall be the duty of the marshal to collect the town taxes, fines, levies and assessments, and in case the same is not paid within thirty days after they are placed in his hands for collection, the mayor and the clerk of the council shall issue executions therefor, and the marshal may levy and sell therefor in the manner and way prescribed in section 19 of this Act. Marshal collector. SEC. XXIX. Be it further enacted, That all male persons over the age of sixteen and under the age of fifty years, who have resided in the town ten days, shall be subject to work the streets of said town not to exceed ten days in each year, or to be taxed therefor, as the council may direct and determine, as a commutation for such duty, not to exceed five dollars per year. The mayor and council shall have power to punish by fine not to exceed twenty dollars or imprisonment not to exceed twenty days, any person or persons in said town subject to street duty who fails or refuses to work the streets after being duly warned to do so by the marshal or to pay the tax. All work done on the streets shall be done under the supervision of the marshal or such overseer as the town authorities may appoint. No citizen of the town shall be subject to road duty out of said town. Street work and commutation tax. SEC. XXX. Be it further enacted, That said mayor and council are hereby authorized and empowered to make all ordinances, rules and regulations that they may deem proper to enforce the duties, powers, rights and privileges herein contained. Municipal powers.

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SEC. XXXI. Be it further enacted, That all the property now owned by said town and vested in the present mayor and council thereof shall be and remain the property of said town, and become vested in said mayor and council; and all ordinances, rules and regulations now of force in said town, and not inconsistent with this Act, shall be and remain of force until amended, altered or repealed by said mayor and council. Public property. Existing laws. SEC. XXXII. Be it further enacted, That the mayor and council shall have full power and authority to enforce the fire limit established by them, and should any one erect or cause to be erected within such fire limit any building or other structure contrary to such ordinance, the said mayor and council, after giving five days' notice, shall cause the same to be removed at the expense of the owners of such buildings or other structures, to be collected by execution as in other cases; and should the owner of such building or structure fail or refuse to remove the same upon proper notice, and within five days after being so notified, he or she may be fined in a sum not exceeding fifty dollars, or be imprisoned not exceeding thirty days, for each and every day they fail to regard said notice. And whenever the mayor and council shall exercise the power to lay out and open, to widen, straighten or otherwise change the streets and alleys in said town given by this Act, they shall appoint two freeholders, and the owner or owners of the lots fronting on said streets or alleys shall, on five days' notice, appoint two free-holders, who shall proceed to assess the damage sustained or the advantage derived by the owner or owners of said lots in consequence of the opening, widening, straightening or otherwise changing said streets or alleys. And, in case said assessors cannot agree, they shall select a fifth freeholder umpire, the said assessors to take an oath that they will faithfully discharge their duties, and either party to have a right to enter an appeal to the Superior Court of McDuffie county within ten days from the said award, the mayor and council to have power and authority to enforce the final award by execution against the owner or owners of said lot or lots when the same is found to be advantageous to said owner. Fire limits. Condemnation of property. Appeal. SEC. XXXIII. Be it further enacted, That said mayor and council shall have power to regulate and control the sale of vinous, malt or intoxicating liquors or bitters in said town; to grant a license to each firm or dealer in the same in said town; to fix the fee for such license, which shall not be less than two hundred dollars nor over one thousand dollars, and to impose penalties upon any person selling such intoxicating liquors or bitters in said town without such license, and the said dealers in intoxicating liquors

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or bitters shall comply with the law as to bond and oath; provided, this section shall not be operative as long as the prohibition law is in force in McDuffie county. Liquor, sale of. SEC. XXXIV. Be it further enacted, That said mayor and council shall have the authority to erect, own and operate a telephone exchange in said town whenever, in their judgment, they may think it for the best interest of said town; provided, nothing in this section shall be construed to give them authority to violate any existing contracts with any telephone company doing business in said town. Telephone exchange. SEC. XXXV. Be it further enacted, That said mayor and council shall have authority to grant a franchise for not more than 20 years to an electric light company, or other person, to use the streets of the town in the operating of an electric light plant. Franchise for electric lights. SEC. XXXVI. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1900. UNADILLA, TOWN OF, PUBLIC SCHOOLS. No. 55. An Act to amend the charter of the town of Unadilla, Dooly county, Georgia, so as to authorize the corporate authorities of said town to levy and collect a tax for the support and maintenance of the public schools of said town, to create a board of trustees of public schools for said town, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act there shall be established in the town of Unadilla, in said State, a system of public schools to be organized, conducted, maintained, supported and provided for in the manner hereinafter set forth. Unadilla, town of. Public schools. SEC. II. Be it further enacted, That the present board of trustees be, and they are, hereby made the board of trustees for said town and shall enter upon their duties as such as soon as this Act is approved by the votes of the people as hereinafter provided for, and that fact declared by proclamation of the mayor of said town. Board of trustees. SEC. III. Be it further enacted, That the terms of two of said board shall expire on August 1, 1902; two on August 1, 1904, and

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the remaining three August 1, 1906, and at the first meeting of said board of trustees after passage of this Act said board shall determine by lot whose term shall expire on each of said dates. That all vacancies in said board of trustees caused by the expiration of the term of office, death, resignation or removal from said town be filled by remaining board from citizens of said town, and the new members of the board so elected shall hold office three years except in the case of an election to fill a vacancy caused by death, resignation or removal, when the new member of the board shall hold office for the unexpired term of his predecessor. Trustees, terms of office. Vacancies. SEC. IV. Be it further enacted, That said board of trustees shall have authority to devise, design and adopt a thorough system of public instruction in said town and shall have exclusive jurisdiction over the schools established under said system and modify the same from time to time as exigencies may require; establish such schools as they may deem proper, not exceeding one for the white race and one for the colored race; no children of the white or the colored race shall jointly attend school; to discontinue any school or departments of said school when the average attendance does not justify the payment of salary or salaries to the teacher or teachers of said school or departments of the same; to appoint, remove or suspend teachers in their discretion; to fix salary of teachers; to prescribe a curriculum or course of study; to create the office of superintendent jointly with principal of white school until distinct office of superintendent becomes necessary; to require all pupils entering said schools to take prescribed course of study; to issue certificates of graduation upon recommendation of superintendent of said schools; to make such by-laws for the control and government of said schools as they may think proper; and to do all lawful acts conducive to and compatible with the proper and successful operation of said school system. Board of trustees, powers of. SEC. V. Be it further enacted, That the mayor and council of said town shall each year levy such tax upon all the property in said town, subject to taxation, as will be sufficient, according to the estimation of the board of trustees, when added to the town's pro rata part of the State school fund arising from the average of all pupils for scholastic term, to support and maintain said schools not less than five months and not more than ten months in the year in each or all schools, and shall collect the same as other revenues of the town are collected, by the first of April in each year and pay over the same to said board of trustees, which fund shall be used for the repair of buildings, incidental expenses and payment of teachers of the public schools herein provided for;

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provided, however, that said tax shall not exceed one fourth of one per cent. per annum upon said taxable property in addition to taxes levied by municipal authority for maintenance of town. Tax for support of schools. SEC. VI. Be it further enacted, That the schools provided for in this Act shall admit all pupils under such rules and regulations, and upon the payment of such tuition or other fees as the board of trustees may prescribe. Admission of pupils. SEC. VII. Be it further enacted, That county school commissioner of Dooly county shall pay over to the board of trustees of the town of Unadilla the pro rata share of the State and county school fund for all the children residing in said town and for all attending said school as non-residents of said town, to be expended by them in the maintenance of said public schools as herein provided. The board of trustees shall require the teachers of said public schools to make out reports of the attendance of children entitled to draw the school fund. State and county school fund SEC. VIII. Be it further enacted by the authority aforesaid, That before this Act shall become operative, its adoption shall be submitted to the qualified voters of said town, for which purpose the mayor and council of said town shall order an election, of which two weeks' notice shall be given ten days or later after the passage of this Act, in the Passport, a paper published in said town, or in the Vienna Progress, and such other notice may be given as the mayor and council may direct, which election shall be held under the same rules and regulations as elections for mayor and council of said town, and the qualifications of voters shall be the same. Those in favor of this system shall have written or printed on their tickets For Public Schools, and those opposed to it Against Public Schools. If two thirds of the persons qualified to vote at such election cast their votes For Public Schools, then this Act shall become operative as soon as the board of trustees of said town may direct. If the result shall be against public schools, said mayor and council shall submit the same at another election in the same manner as hereinbefore provided, after an interval of six months upon the petition of one third of the qualified voters of said town, and may do so from time to time until said system is established. Election for public schools. SEC. IX. Be it further enacted, That any person who shall vote at any election authorized under this Act without being qualified to vote according to the provisions of this Act, shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be punished as prescribed in section 1039, vol. 3 of the Code of 1895. Illegal voting.

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SEC. X. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 10, 1900. VALDOSTA, CITY OF, CHARTER AMENDED. No. 39. An Act to amend an Act entitled an Act to create a charter for Valdosta, approved October 24, 1887, so as to provide for a recorder's court; to define the powers and jurisdiction thereof, and to provide for term of office, and manner of election of a recorder, and for other purposes. SECTION I. Be it enacted, That there shall be a recorder's court established for the city of Valdosta, which shall have jurisdiction to try offenses against the laws and ordinances of the municipal government, and to punish for violation of the same. Said court shall also have power to enforce its judgments by the infliction of such penalties as may be provided by law; to punish witnesses for non-attendance; and also any person who shall counsel or advise, aid, encourage or persuade another whose testimony is desired or material in any proceedings before said court to go or move beyond the reach of the process of the same. Said court shall be presided over by the city recorder, or, in his absence or disability, by the officer who is then performing the duties of mayor, as provided in said Act, and shall be held daily, or as often as may be necessary. Valdosta, city of. Recorder's court. SEC. II. Be it further enacted, That the city recorder shall be a freeholder of the city, shall be twenty-one years old and shall have resided for two years next preceding his election in the city of Valdosta. Before entering on the duties of his office he shall take an oath before the mayor, or some officer authorized by law to administer oaths, that he will truly, honestly and faithfully perform the duties of his office to the best of his ability without fear, favor or partiality. This oath shall be entered upon the minutes of mayor and council. Said recorder shall be appointed to his office by the mayor and council for the term of two years, unless removed from office sooner for cause, the sufficiency of which shall be judged by the mayor and council. Recorder, qualifications of, oath of. Term of office. SEC. III. Be it further enacted, That the recorder of said city shall have power to impose fines for the violation of any law or ordinance of the city of Valdosta, passed in accordance with its charter to an amount not to exceed the limit prescribed in said

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charter, to imprison offenders in the city barracks for the space of not more than fifty days, or at labor on the public works of said city for not more than three months. He shall also have the same powers as judges of the Superior Courts of this State to punish for contempts of officers and others by fine not to exceed one hundred dollars and imprisonment in the city barracks not exceeding thirty days, or either or both, in his discretion. He shall be to all intents and purposes a justice of the peace, so far as to enable him to issue warrants for offenses committed within the corporate limits of said city, which warrants may be executed by any member of the police force of the city, and to commit the offenders to the jail of the county of Lowndes, or admit them to bail in bailable cases for their appearance at the next term of a court of competent jurisdiction to be held in and for said county. Powers of. Ex officio a justice of the peace. SEC. IV. Be it further enacted, That the right of certiorari from the decision and judgment of the recorder shall exist in all criminal cases and such certiorari shall be obtained under the sanction of the judge of the Superior Court of Lowndes county upon a petition in writing to said judge to be presented within ten (10) days after the rendition of the decision or judgment complained of, and not thereafter. Such petition shall state the grounds of complaint and shall contain a brief of the evidence had on the trial, and shall be duly sworn to. If, upon examination, the judge shall consider petitioner entitled to the writ of certiorari, it shall be his duty to cause such writ to be issued and served on the recorder as in other cases under the laws of this State, requiring him to certify and send up to the Superior Court a complete and accurate history of the case as his answer thereto, which answer shall be subject to correction a traverse as provided in sections 4647 and 4651 of the Code of 1895 of this State. The judge, at chambers or in term time, may hear and determine such traverse, as well as the certiorari upon which it is based, after ten days' notice to each party, and may then affirm or reverse the decision or judgment of the recorder; provided, however, that no writ shall be granted until the accused shall have paid all costs, and filed with his petition an affidavit setting forth that he has been wrongfully and illegally convicted, and give good and sufficient bond and security, payable to the mayor and council of the city of Valdosta, conditioned to answer the judgment of the court, or in lieu thereof shall make affidavit of his inability from poverty to pay the costs and give the bond aforesaid. If the writ of certiorari is granted, the judgment of the recorder's court shall be suspended until the judge of the Superior Court shall finally pass on the case. Certiorari.

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SEC. V. Be it further enacted, That the clerk of the mayor and council of said city of Valdosta shall attend the sessions of said court and act as clerk thereof, who shall sign and issue all processes, summons, attachments, etc., issuing out of said court, all of which shall bear test in the name of the recorder. The ministerial officers of such court shall be the chief of police, and patrolmen of the police force, either of whom may execute the mandates of said court; and to whom, in the alternative, all mesne and final process thereof shall be directed. The chief of police or one of the patrolmen of the police force shall attend each session of said court for the purpose of executing the necessary orders thereof. Clerk of recorder's court. Policemen. SEC. VI. Be it further enacted, That in the absence, sickness or disqualification of the recorder, the mayor, and in the absence and disqualification or sickness of both the recorder and the mayor, the mayor pro tem. of said city shall be clothed with the powers of the recorder and hold the recorder's court. Mayor and mayor pro tem. SEC. VII. Be it further enacted, That the recorder's court shall have jurisdiction and authority to try all persons guilty of vagrancy within the limits of Valdosta, and upon conviction to punish them as prescribed in section 453 of the Code of 1895 of this State. In all cases where persons charged before said court with the offense of vagrancy shall demand a trial by jury, it shall be the duty of the recorder to send such person before a court having jurisdiction of said offense, and if no such court shall be then in session, to bind said person over in sufficient bond for his appearance before said court for trial, or in default of bail to commit said person to await said trial. Vagrancy. SEC. VIII. Be it further enacted, That the mayor and council shall have full power and authority to pass all laws and ordinances, rules and regulations necessary and proper to secure the efficient and successful administration of the business of this court. Mayor and council. SEC. IX. Be it further enacted, That the salary of said recorder shall be fixed by the mayor and council; provided, however, that said recorder's salary shall not exceed the sum of two hundred dollars per annum. Salary of recorder. SEC. X. Be it further enacted. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 6, 1900.

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VALDOSTA, CITY OF, CHARTER AMENDED. No. 47. An Act to amend an Act entitled an Act to amend the charter of Valdosta so as to provide a board of tax appraisers, and for other purposes, approved December 23, 1896, and to make decision of said appraisers final. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 1 of an Act amending the charter of Valdosta, approved December 23, 1896, be, and the same is, hereby amended by striking all that sentence beginning with the word if in the twenty-seventh line and ending with word final in the thirty-first line thereof, so that said section, as amended, shall read: Be it enacted by the General Assembly of the State of Georgia, That section 23 of the charter of Valdosta, approved October 24, 1887, be, and the same is, hereby amended as follows: That the mayor and council of the city of Valdosta shall, at their first regular meeting in March, 1897, and in each succeeding year, thereafter, elect three freeholders, resident in said city, to be tax-appraisers. Said appraisers shall hold their office for one year unless sooner removed by the mayor and council. All vacancies occurring in said office by death, resignation, removal or otherwise, shall be filled by the mayor and council. Said appraisers shall, before entering upon the discharge of their duties, take and subscribe such oath as the mayor and council may prescribe, and they shall be paid for their services such compensation as the mayor and council shall fix, not to exceed seventy-five dollars per year, so that said section shall read: Section 23. Be it further enacted, That it shall be the duty of all owners of taxable property in said city, and they are hereby required to make annual returns under oath to such officers as the mayor and council shall appoint for said purpose, and within the time prescribed, a full and complete schedule of all their taxable property, polls, trades, businesses, occupations and professions in said city, held in their own right or in behalf of any other person, and in case any person shall fail or refuse to make such return, or shall make a return deemed by the officers receiving the same incorrectly and said officer may assess the property of such person and may fix such value thereon as he may deem correct and just. That the mayor and council of the city of Valdosta shall, at their first regular meeting in March, 1897, and in each succeeding year thereafter, elect three freeholders, resident in

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said city, to be tax-appraisers. Said appraisers shall hold their office for one year, unless sooner removed by the mayor and council for cause, the sufficiency of which shall be judged by said mayor and council. All vacancies occurring in said office by death, resignation, removal or otherwise, shall be filled by the mayor and council. Said appraisers shall, before entering upon the discharge of their duties, take and subscribe such oath as the mayor and council may prescribe, and they shall be paid for their services such compensation as the mayor and council shall fix, not to exceed seventy-five dollars per year. Valdosta, city of. Tax appraisers. Tax returns. Tax appraisers. SEC. II. Be it further enacted, That section 4 of said Act be amended by striking out all of said section following the word assessment in the thirteenth line, and inserting instead the words within five (5) days to appear before said board of tax-appraisers, under such rules and regulations as they may provide, and show cause, if they can, why said assessment should not stand. In all cases the decision of said tax-appraisers shall be final. As amended, said section shall read: Be it further enacted, That it shall be the duty of said tax-appraisers to scrutinize carefully each and every return of property, real or personal, made by any taxpayer in said city, and if, in their judgment, they shall find the property embraced in the return or any proportion of the return below its market value, or the return is incomplete or incorrect, said appraisers shall assess the market value thereof, and complete or correct said returns within thirty (30) days, or such other time as may be prescribed by the mayor and council, after the time for returning taxes shall have expired. Whenever said appraisers shall have raised the valuation at which the taxpayer has returned his property, said appraisers shall give him written notice of their assessment, and it shall be the taxpayer's privilege, if dissatisfied with the assessment, within five (5) days to appear before said board of tax-appraisers, under such rules and regulations as they may provide, and show cause, if they can, why said assessment should not stand. In all cases the decision of said tax-appraisers shall be final. Assessments. 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 6, 1900.

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WATKINSVILLE, TOWN OF, CHARTER AMENDED. No. 150. An Act to amend the charter of the town of Watkinsville, so as to authorize the council of said town to erect a school building for the Watkinsville High School; to levy and collect a tax, or issue and sell bonds of said town to pay for the same. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, section 12 of the charter of the town of Watkinsville, approved August 29, 1891, be, and the same is, hereby amended, by adding the following to the end of said section, to wit: The council of said town of Watkinsville is hereby authorized to erect a school building for the high school of said town, not to cost over four thousand dollars; to purchase a site within said town for said building; to levv and collect a tax on all property within said town to pay for said building; to levy and collect a tax on all property within said town, or issue and sell bonds of said town to pay for said building; to levy and collect a tax on all property within said town, from year to year to pay accruing interest on maturing bonds in case bonds are issued to pay for said building. Watkinsville, town of. Building for high school. SEC. II. This amendment shall not become a law until it has been submitted to the legal voters of said town, and two thirds of them vote in favor of the amendment. Said election shall be held at such time and place and under such regulations as the council of said town may direct. Election. 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, 1900. WEST POINT, CITY OF, NEW CHARTER. No. 63. An Act to create a new charter for the city of West Point, in the county of Troup. 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 inhabitants of the

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territory now embraced in the corporate limits of the city of West Point, located in the county of Troup, and State of Georgia, be, and they are, hereby incorporated under the name and style of the city of West Point, and by that name shall be, and are, hereby invested with all the rights, powers, and privileges incident to municipal corporations in this State, and all the rights, powers, titles, property, easements and hereditaments now belonging or in anywise appertaining to said city of West Point as heretofore incorporated, shall be, and are, hereby vested in the city of West Point created by this Act. And the said city of West Point, created by this Act, may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact through its mayor and board of aldermen, such ordinances, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said city as to said mayor and aldermen may seem best and which shall be consistent with the laws of the State of Georgia and the United States. And the said city of West Point shall be able, 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 what kind or nature soever, within the limits or without the limits of said city for corporate purposes. Said city of West Point, created by this Act, is hereby made responsible as a corporate body for all the legal debts, liabilities and undertakings of said city of West Point as heretofore incorporated. West Point, city of, new charter. Corporate name and powers. Liabilities. SEC. II. Be it further enacted, That the government of said city shall be vested in a mayor and six aldermen. The present mayor and aldermen of the city of West Point shall continue in office until the expiration of the term for which they were elected and until their successors are elected and qualified; and they and their associates and successors shall have and exercise all the rights, powers and duties hereby conferred on the mayor and aldermen of said city of West Point, created by this Act. Mayor and aldermen. SEC. III. Be it further enacted, That the corporate limits of said city of West Point shall be the same as heretofore incorporated and as shown by the original survey and city map. Corporate limits. SEC. IV. Be it further enacted, That on the second Monday in January, 1901, and biennially thereafter, an election shall be held for a mayor and six aldermen. The term of office of said mayor and aldermen shall be two years and until their successors are elected and qualified. Said term of office of said mayor and aldermen shall begin on the third Monday in January, 1901. At the first regular meeting of the mayor and aldermen after their election and qualification, they shall elect one of their number

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mayor pro tem., whose term of office shall be two years. If a vacancy occurs the same shall be filled by the mayor and aldermen for the unexpired term. Mayor and aldermen, election and term of. Mayor pro tem. Vacancies. SEC. V. Be it further enacted, That all elections held under the provisions of this charter, and all elections in which any subject or question is submitted to the qualified voters of said city of West Point, shall be superintended and managed by a justice of the peace and two freeholders who are citizens of said city and own real estate therein, or by three freeholders, all of whom shall be citizens of said city and own real estate therein, and each of said managers, before entering on his duties, shall take and subscribe before some justice of the peace or other officer qualified to administer oaths, or before each other, the following oath: We and each of us do solemnly swear that we will faithfully and impartially conduct this election and prevent all illegal voting to the best of our skill and power; so help us, God. Said managers shall keep, or cause to be kept, two lists of voters and two tally-sheets. All elections shall be held at the council chamber and the voting shall be by ballot. The polls shall open at 7 o'clock a. m. and close at 3 o'clock p. m. The person receiving the highest number of votes for the respective offices shall be declared elected. The managers of all elections held under the provisions of this charter shall be appointed by the mayor and aldermen. Managers of elections SEC. VI. Be it further enacted, That the said managers shall certify two lists of voters and two tally-sheets, and shall place one list of said voters and one of said tally-sheet in the ballot box, together with the ballot cast at said election, and seal the same, and shall forthwith deliver the same to the ordinary of Troup county. The other tally-sheet and list of voters, together with a certificate showing the result of said election signed by said managers, shall be placed in a package and sealed, and forthwith delivered to the clerk of said city, who shall safely keep the same, and at the first regular meeting of the mayor and aldermen occurring after the expiration of three days from said election, deliver said package to said mayor and aldermen, who shall open the same and declare the result, if no notice of contest has been given. If notice of contest has been given, then all other proceedings shall be postponed until the contest shall have been determined. If the result of any election held in said city is contested, notice of such contest shall be filed with the ordinary of Troup county within three days after such election, setting forth all the grounds of contest, and upon the payment of a fee of ten dollars in advance to said ordinary, the said ordinary shall, within two days after he receives the same, cause a copy of said notice to be served by the

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sheriff or his deputy on the contestor, if said contest is for an office, and if the result of any election in which any question is submitted is contested, then said ordinary shall cause notice to be served on the mayor of the city and published one time in the newspaper published in said city. Said ordinary shall fix the time of hearing said contest, which shall not be later than ten days after service has been perfected, of which time both parties shall have five days' notice before the hearing. The contestor shall pay the sheriff or his deputy two dollars in advance for serving notice of contest. All contests shall be heard at the court-house. Said ordinary is authorized to hear and determine the contest, and the losing party shall pay all costs, for which said ordinary is authorized to render judgment and issue executions. Ballots and other papers, disposition of. Contested elections. SEC. VII. Be it further enacted, That no person shall be eligible to the office of mayor and alderman of said city unless he be of the age of twenty-one years, a citizen of the United States of America, and shall have resided in said city one year immediately preceding his election, and shall have registered under the registration law now of force in said city, and shall have paid all taxes due to and demanded by said city. Eligibility. SEC. VIII. Be it further enacted, That all persons qualified to vote for members of the General Assembly of this State, and who shall have paid all taxes legally imposed and demanded by the authorities of said city, and shall have resided in said city six months prior to the election at which they offer to vote, and shall have registered as required by the registration law of said city, shall be qualified to vote at any election provided for in this charter. Voters. SEC. IX. Be it further enacted, That on the third Monday in January each year the persons elected to the office of mayor and aldermen shall appear at the council chamber in said city and take and subscribe before some judicial officer or the mayor of said city then in office the following oath: I do solemnly swear that I will perform the duties of mayor (or alderman, as the case may be) of the city of West Point to the best of my skill and ability, and as to me shall seem to the best interest and welfare of said city, without fear, favor or affection; so help me, God. And shall forthwith enter upon the discharge of the duties of his office. Mayor and aldermen, oath of. SEC. X. Be it further enacted, That at the first regular meeting of the mayor and aldermen of said city in January, after their election and qualification, they shall elect a city clerk and treasurer, a superintendent of water-works and electric light plant, a marshal, who shall be chief of police, and as many policemen as in their judgment may be necessary, a city [Illegible Text], city physician,

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city engineer and city sexton. Each of said officers shall take such oath, give such bond, receive such salary and perform such duties as the mayor and aldermen may prescribe. Officers. Marshal duties of. SEC. XI. Be it further enacted, That it shall be the duty of the marshal of said city to levy all executions in favor of said city for taxes and fines, and advertise and sell the property levied on in accordance with the law governing sheriff's sales in this State. He shall have the same power to place purchasers in possession as sheriffs of this State have. No person shall be eligible to the office of marshal, policeman, clerk, city attorney or sexton, who is not a qualified voter in the State and county. SEC. XII. Be it further enacted, That the mayor of said city shall be the chief executive officer of the city of West Point. He shall see that all laws, ordinances, resolutions and rules of said city are faithfully and fully executed and enforced, and that all the officers of said city faithfully discharge the duties required of them. He shall have general supervision and jurisdiction of the affairs of said city. He shall preside at all meetings of the mayor and aldermen of said city and shall have the right to vote in all elections and upon all question which may come before said body, except upon questions where he is disqualified by reason of interest or otherwise. Mayor executive officer. SEC. XIII. Be it further enacted, That there shall be a mayor's court in said city for the trial of all offenders against the laws and ordinances of said city, to be held by the mayor in the council chamber of said city as often as necessary. In the absence or disqualification of the mayor, the mayor pro tem. shall hold said court, and in the absence or disqualification of the mayor and mayor pro tem., any one of the aldermen may hold said court. Said court shall have the power to preserve order and compel the attendance of witnesses, punish for contempt by imprisonment not exceeding ten days, or fine not exceeding ten dollars or both. Said mayor shall have full power and authority, upon conviction, to sentence any offenders to labor on the streets or other public works of said city for a period not exceeding thirty days, or to impose a fine not exceeding one hundred dollars, or to sentence said offender to be confined and imprisoned in the 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. Mayor's court. SEC. XIV. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the city governdays, the mayor and aldermen of said city shall have full power and authority, and shall prescribe by ordinance for the assessment

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and collection of an 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 half of one per cent. upon the value of said property for ordinary current expenses. And for the maintenance and support of the public schools in said city the mayor and aldermen shall levy and collect a tax on said property, not to exceed three fourths of one per cent. on the value of said property; said tax, when collected, shall be kept separate and apart from the tax for ordinary current expenses of said city, and shall be used only for school purposes. Ad ralorem tax. School tax. SEC. XV. Be it further enacted, That said mayor and aldermen shall have full power and authority to require any person, firm, company or corporation engaged in or carrying on, or who may engage in, prosecute or carry on any trade, business, calling, vocation or profession, within the corporate limits of said city, to register their names and business calling, vocation or profession annually, and to require such person, company or association to pay for such registration, and for license to prosecute, carry on, engage in, such business calling or profession aforesaid not exceeding fifty dollars per annum. License tax. SEC. XVI. Said mayor and aldermen are hereby given authority to pass such ordinances as may be necessary or proper to carry the foregoing section into effect; also to classify business and arrange the various business, trades and professions carried on in said city into such classes of subjects for taxation as may be just and proper; provided, that nothing herein contained shall be construed to authorize the levy of a tax upon any profession not taxable under the general tax Act. Taxing power, how exercised. SEC. XVII. Be it further enacted, That the mayor and aldermen shall have full power to regulate the retail of ardent spirits within the corporate limits of said city, and at their discretion to issue license to retail or to withhold the same, and to fix the price to be paid for license at any sum they may think proper, not to exceed two thousand dollars per annum. Liquor, sale of. SEC. XVIII. Be it further enacted, That said mayor and aldermen shall have full power and authority to prohibit the selling of lager-beer or other fermented drinks without the obtaining of a license for that purpose; provided, said license shall not exceed five hundred dollars per annum. Beer, sale of. SEC. XIX. Be it further enacted, That said mayor and aldermen shall have full power and authority to license billiard tables and tenpin alleys, and all billiard tables kept or used for the purpose of playing, gaming or renting, and all tenpin alleys, ninepin alleys, or alley of any kind which are kept or used for the

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purpose of playing on with pins or balls, or either, for the purpose of renting the same, and charge for said license a sum not exceeding fifty dollars on each table, alley or track. Gaming tables, alleys, etc. SEC. XX. Be it further enacted, That said mayor and aldermen shall have power and authority to pass such ordinances as they may think proper in regard to granting or not granting license to theatrical companies or performances, or for shows or other exhibitions; provided, that the price of said license when granted shall not exceed fifty dollars for each performance or exhibition. Theatres, etc. SEC. XXI. Be it further enacted, That said mayor and aldermen shall have full power and authority to assess a tax on all persons carrying on a brokerage business, of not more than three hundred dollars per annum, in addition to all other tax they may have to pay. They shall have power to license pawnbrokers in said city, define by ordinance their powers and privileges and to revoke their license, impose taxes on them and generally exercise such superintendence over pawnbrokers as will insure fair dealings between them and their customers. Brokers. Pawnbrokers. SEC. XXII. Be it further enacted, That the mayor and aldermen of said city shall have power and authority to license, regulate and control all opera houses, livery stables, hacks, drays used for hauling of any kind, and other vehicles used for hire, venduemasters, auctioneers, itinerant traders, itinerant lightning-rod dealers, immigrant agents, clock and stove peddlers, peddlers of all kinds, itinerant dealers in jewelry or medicines, and all other traveling or itinerant vendors of articles, wares and merchandise, except such as are excepted by the laws of this State; also any person running a flying-jenny, flying horses, merry-go-round, bicycle, velocipede or skating-rink; all solicitors or canvassers selling goods, wares or merchandise by sample at retail or to consumers, and all other establishments, business, callings or vocations, which, under the laws and constitution of the State, are subject to license. Opera houses, etc. SEC. XXIII. Be it further enacted, That said mayor and aldermen shall have full and complete control of the streets, sidewalks, alleys and squares of said city, and shall have full power and authority to condemn property for the purpose of opening and laying out new streets and alleys, and for widening, straightening or otherwise changing the streets, and grades of streets and sidewalks and alleys of said city; and whenever said mayor and aldermen shall desire to exercise the power and authority granted in this section, it may be done, whether the land sought to be condemned is in the hands of an owner or a trustee, executor, administrator, agent or guardian, in the following manner: The said mayor and aldermen shall appoint two freeholders and give or cause to be given

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to the owner of the land sought to be condemned or the trustee, executor, administrator or guardian in whose hands the land may be, five days' notice of the time and place where said freeholders will meet to assess and determine the amount of damages, and the said owner, trustee, executor, administrator or guardian, shall appoint two freeholders, and said freeholders shall select a fifth man, and the five men so selected shall, at the designated time, or at such other time as they may appoint, value, assess and determine the damages and make their award accordingly. In case the owner of the land, trustee, guardian, executor, or administrator notified shall fail to appear, or either of those appointed by either party fails to act, another time not more than ten days distant shall be appointed, and if any of the arbitrators fail to act at such time, and no others are appointed to fill their places, those acting shall select other freeholders until the board of five is completed, and these five shall make the award. The finding of a majority of those acting shall be deemed the finding and award of the assessors just as effectually as though it had been agreed by all. Said assessors shall make out their finding and award, stating precisely what property is to be taken, and the estimated damages due therefor, and file the same with the clerk of the Superior Court of Troup county, Georgia, within ten days from the time appointed for the assessors to meet and pass on the amount of damages. In all cases where the property sought to be condemned belongs to a railroad company, service of notice on the corporation shall be by serving the nearest agent of the railroad company. Either of the parties shall have the right within ten days after the filing of said award to enter an appeal to the next term of the Superior Court of Troup county, Georgia, which said appeal may be entered with the clerk of the Superior Court of Troup county by complying with the laws regulating appeals from the justice to the Superior Court. The city of West Point shall have the right at any time before entering an appeal to abandon the proceedings to condemn, or after appeal entered on paying all costs to the time of abandoning the proceeding. Each of said assessors shall be paid two dollars per day for each day they are engaged in estimating the damages and making their award, which costs shall be paid by the city of West Point. Streets, etc. Condemnation of property. SEC. XXIV. Be it further enacted, That the mayor and aldermen shall have full power and authority to make an assessment of the various lots of land and lot owners in said city for sanitary purposes, not to exceed two dollars per annum on each lot so assessed, and said mayor and aldermen are hereby empowered to collect

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the same by execution against the lot so assessed and the owner thereof; the amount so assessed shall be a lien on the lot from the date of assessment. The execution shall be issued and enforced in the same manner that tax executions are issued and enforced in said city. The amount so collected shall be used for sanitary purposes only. Said mayor and aldermen shall have power and authority to prescribe what shall constitute a lot for sanitary purposes and assessment; provided, no lot shall be less than twenty-five feet front; provided, the assessment made under this section shall not be made on vacant lots; residence lots shall not be subdivided for assessment. Sanitation tax. SEC. XXV. Be it further enacted, That said mayor and aldermen of said city shall have full power and authority, in their discretion to pave or otherwise permanently improve the sidewalks of said city with whatever material and in what manner they may deem proper and best. That in order to carry into effect the power delegated in this section, said mayor and aldermen shall have full power and authority to assess the costs 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 aldermen are hereby authorized to pass any and all ordinances to carry out the provisions of this section; provided, the provisions of this section shall not apply to the sidewalks outside of the fire limits of said city, unless a majority of the property owners on any street or part thereof shall petition the said mayor and aldermen to enforce as to said street or part thereof the provisions herein contained, in which event they shall have power to do so, and shall have power also to issue executions and levy and sell property of above mentioned property holders as sales are made for the collection of taxes. Sidewalk improvements. SEC. XXVI. Be it further enacted, That said mayor and aldermen shall have power to pass such ordinances, and enforce compliance therewith by suitable penalties, as may be necessary for the protection of the city water-works and electric light plant and appurtenances, and for the securing the purity and healthfulness of the water supply, and shall have full power and authority to abate, or cause to be abated and removed through its proper officers anything which may cause impurity or unhealthfulness of the water of said water-works. Water-works and electric lights. SEC. XXVII. Be it further enacted, That said mayor and aldermen shall have power and authority to make rules and regulations respecting the introduction of water into or upon any premises, and from time to time to regulate the use thereof in such manner as to them shall seem necessary and proper, and the city engineer

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and superintendent of water-works in their service are hereby authorized and empowered to enter at all reasonable hours any dwelling or other place where said water 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 surface pipes, stop-cocks and other apparatus connected with the said water-works, for the purpose of ascertaining whether the same are of the character and dimensions and fixed in the manner directed in permits issued therefor; and if any person refuses to permit such examination, or oppose or obstruct such officer in the performance of such duty, the person so offending shall be liable to such penalty, not exceeding five dollars for each offense, as the mayor and aldermen may by ordinance provide, and the water may also be shut off until the required examination is made and such alterations and repairs are completed as may be necessary. Inspection of water-works. SEC. XXVIII. Be it further enacted, That said mayor and aldermen shall have full power and authority to require the owner of any improved property in said city to provide suitable privy or water-closet accommodations upon such improved premises, whenever in their judgment and in the opinion of the city physician such improvements are necessary to preserve the health or to protect the sanitary interest of citizens of any neighborhood within said city. The mayor and aldermen are authorized to enforce the provisions of this section by appropriate ordinances. Water-closets. SEC. XXIX. Be it further enacted, That said mayor and aldermen shall have power and authority to make rules and regulations and pass such ordinances as they may deem proper and necessary, regulating the furnishing of electric lights in residences and other premises in said city by the electric light plant of said city, and for the protection of the arc lamps and other fixtures and appurtenances of said electric light plant. Electric lights. SEC. XXX. Be it further enacted, That said mayor and aldermen may enact any and all ordinances, rules and regulations, necessary to lay out a fire district in said city, and enlarge, change, or modify its limits from time to time; to prescribe when, how and of what material buildings in said limits may be erected or covered, how thick the walls must be and how 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, so far as possible from dangers of fire, and prevent the spread of fire from one building to others. They shall also have authority to order any changes in the construction or arrangement of chimneys, stove-pipes and flues, or the removal thereof when, in their judgment, the same are dangerous or likely to become so, and make the owner of the premises

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pay the expenses of such changes, which may be collected as taxes are now collected. 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 aldermen may order such building removed; and if such person, firm or corporation shall not remove such building after notice to do so, then said mayor and aldermen shall have authority and power to remove the same at the expense of the owner, which expense may be collected by execution. Fire district. SEC. XXXI. Be it further enacted, That the said mayor and aldermen of said city shall be authorized to provide by order, resolution or ordinance suitable regulations, such as may be needful and proper on the subject of drainage, sewerage, plumbing, and all that is or may be needful for improved sanitation, and provide agencies and means for carrying out and enforcement of the same through the proper officers and to make all necessary inspections, to withhold license for plumbing to any but competent persons, and to do all else that is or may be necessary to require compliance by individuals with the rules and regulations thus adopted, and shall have power to make alterations and amendments thereto, as from time to time may be needed. Sewerage, etc. SEC. XXXII. Be it further enacted, That said mayor and aldermen be, and they are, hereby authorized to construct and lay down sewers through property in said city; provided, that before doing so, any damage done to private property thereby shall be ascertained and paid. In order to ascertain the amount thereof, assessors shall be appointed, who shall act and report as in cases of opening streets in said city, and from whose award either party may appeal to the Superior Court of Troup county within four days. Damages from sewer system. SEC. XXXIII. Be it further enacted, That any person owning or holding property of any kind in any capacity within the corporate limits of said city, on the first day of April each year after the passage of this Act shall return the same for taxation under oath at any time from and after the first day of April and until the first day of June of each year to the clerk and treasurer or other officer authorized to receive tax returns for said city. The mayor and aldermen of said city shall prepare or cause to be prepared, a blank form, or schedule, for the return of all taxable property with appropriate blanks and lines for property of every kind and description subject to taxation under the laws of this State; and each taxpayer and property owner in said city shall fill out said schedule, entering thereon all the property owned or held in any capacity by said taxpayers, of every kind and description, both real and personal, including money, notes and accounts, choses in

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action, mortgages, bonds, and stocks of all kinds not by law exempt from taxation. The full face value of all notes, accounts, mortgages, crop liens, stocks, bonds and other investments and securities held by each taxpayer in said city in his own right or as agent, trustee, guardian, executor or administrator, on the first day of April of each year shall be returned, whether considered solvent or insolvent, with the estimated value of all such notes, accounts, mortgages, stocks and bonds and other investments and securities. Printed on said blank form shall be the following oath, which the person making the return must take and subscribe in the presence of the clerk and treasurer of said city or other officer authorized by the mayor and aldermen to receive tax returns for said city, to wit: I do solemnly swear that the above and foregoing is a true and correct return of all the property, both real and personal, owned or held by me as agent, trustee, guardian, executor or administrator or in any capacity whatever on the first day of April, 1900, subject to taxation in the city of West Point, including money on hand, notes, accounts, mortgages, stocks, bonds and other investments and securities; so help me, God. Said oath shall be signed by the person making said tax return, and attested by the officer receiving said return. Said tax return shall be, by the city clerk and treasurer or other officer receiving the same, placed before the city tax-assessors hereinafter provided for, when they meet to make their assessment. Tax returns. SEC. XXXIV. Be it further enacted, That said mayor and aldermen shall, at their first meeting in January, 1901, elect three intelligent, discreet and upright persons, citizens and qualified voters of said city and owners of real estate therein, as city tax-assessors; one of said assessors shall be elected for a term of one year, one for a term of two years and one for a term of three years. At the first regular meeting of the mayor and aldermen after their election in January of each year thereafter one city tax-assessor shall be elected for a term of three years. Said city tax-assessor may at any time be removed from office by the mayor and aldermen for good and sufficient cause, to be judged of by said mayor and aldermen. It shall be the duty of said tax-assessors to assess the value of real estate in said city for the purpose of taxation by said city, and it shall be their duty to examine the tax returns placed before them by the officer receiving the same and increase the valuation of personal property thereon when, in their judgment, the value placed thereon by the taxpayer is too small. The mayor and aldermen shall have authority to prescribe rules for the government of said city tax-assessors. Said assessors shall make a return of the assessments made by them to said mayor and aldermen

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each year sixty days before the time for collecting taxes. When said return is made said assessors shall appoint a time and place for hearing objections to their assessments, and the clerk of said city shall give each owner of property whose tax return has been increased at least ten days' notice of such hearing, stating therein the amount of such increase. If the property has been given in by an agent, notice to such agent shall be sufficient. If the owner is not a resident of the city and has no known agent residing therein, the mayor and aldermen shall prescribe by ordinance what notice, if any, shall be given. Said mayor and aldermen shall have power and authority to provide by ordinance for assessing all property, both real and personal, not returned for taxation, and for double taxing defaulters. The city tax-assessors shall take such oath and receive such compensation as the mayor and aldermen may prescribe. Said city tax-assessors shall have power and authority to require said taxpayers to furnish them a list of all notes, accounts, mortgages, stocks, bonds and other securities and investments when, in their opinion, their production is necessary for a correct assessment. Tax assessors. SEC. XXXV. Be it further enacted, That the mayor and aldermen shall have full power and authority to fill any vacancy that may occur in any office held under election or appointment by the said mayor and aldermen, for the unexpired term. Vacancies. SEC. XXXVI. Be it further enacted, That the city clerk and city treasurer shall be one office. It shall be the duty of the clerk and treasurer to receive the tax returns, collect the taxes, license and special business taxes and all other taxes, fines and assessments made by the mayor and aldermen, keep the different funds separate, make monthly reports of the state of the different funds on hand and the condition of the treasury, attend the meetings of the mayor and aldermen, keep a minute of such meetings and record the same in a book to be kept for that purpose and perform such other duties as the mayor and aldermen may require of him. Clerk and treasurer, duties of. SEC. XXXVII. Be it further enacted, That the mayor and aldermen of said city shall have full power and authority to take and receive of parties and witnesses such bonds as they shall deem necessary to secure the attendance of parties and witnesses, and to pass all ordinances necessary to carry this provision into effect, and to forfeit and collect said bonds in the same manner as such bonds are now forfeited and collected in the Superior Courts of this State. Parties and witnesses. SEC. XXXVIII. Be it further enacted, That the mayor and aldermen shall be empowered and authorized through a committee, or by themselves, in the discretion of said mayor and aldermen, whenever necessary to examine into the working of and business

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of any office or conduct of any officer, and said committee, or the mayor and aldermen conducting such examination, shall have power to send for persons and papers, compel attendance of persons summoned, swear witnesses, compel the production of books and papers and all disclosures pertinent to such investigation. Supervisory powers of mayor and aldermen. SEC. XXXIX. Be it further enacted, That the mayor and aldermen shall have full power and authority to establish a fee bill for the officers of said city, but such fees when collected to be paid into the city treasury. Fees of officers. SEC. XL. Be it further enacted, That all warrants, precepts, executions, or other processes issued by the mayor or clerk of said city shall be directed to the marshal of the city of West Point. Warrants, etc., how directed. SEC. XLI. Be it further enacted, That it shall not be lawful for the mayor or any alderman to be interested, either directly or indirectly, in any contract with the city of West Point, the mayor and aldermen, or any one or more of them, having for its object the public improvement of the city or any part thereof, or for material to be used for such purpose or the expenditure of its moneys. Any violation of this section by the mayor or aldermen, or any one of them, shall be punished as provided in section 1039 of the Code of 1895, volume III. Municipal contracts. SEC. XLII. Be it further enacted, That the mayor and aldermen of said city shall have full power and authority to pass all by-laws and ordinances respecting public buildings and grounds, work houses, public houses, carriages, wagons, carts, drays, bicycles, pumps, wells, springs, fire engines, care of the poor, supervision of disorderly houses, houses of ill fame, for the prevention and punishment of disorderly conduct and conduct liable to disturb the peace and tranquillity of any citizen or citizens thereof, any other by-law, regulation, and ordinance that they may deem proper for the security of the peace, health, order and good government of said city. Police powers. SEC. XLIII. Be it further enacted, That said mayor and aldermen shall have full power and authority to prescribe by ordinance adequate penalties for all offenses against the ordinances of said city not hereinbefore provided for, and to punish offenses by fines not exceeding two hundred dollars and imprisonment in the calaboose not exceeding thirty days for each offense, to enforce the payment of fines by compelling offenders and those who fail or refuse to pay said fines to work on the streets or public works of said city. They shall have power to compel offenders sentenced to imprisonment in the calaboose, as aforesaid, to labor on the public works or streets, to be regulated by ordinance. Penalties.

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SEC. XLIV. Be it further enacted, That said mayor and aldermen shall each be to all intents and purposes a justice of the peace, so far as to enable them or any one of them to issue warrants for offenses committed within the corporate limits of said city, which warrants shall be executed by the marshal of said city or any member of the police force, and to commit to jail in the county of Troup, or to admit to bail for any violation of the laws of this State; provided, the offense is bailable, for their appearance at the next Superior Court thereafter for the county of Troup, and it shall be the duty of the jailer of said county to receive all such persons so committed and safely keep them until discharged by due course of law. Mayor and aldermen ex officio justices of the peace. SEC. XLV. Be it further enacted, That the mayor and aldermen shall have full power and authority to revoke any license granted under the provisions of this charter for any violation of the laws and ordinances regulating the granting or issuing of said license. Revocation of license. SEC. XLVI. Be it further enacted, That in addition to the ordinary tax herein allowed, the mayor and aldermen may, in case of emergency, to be judged of by them, levy an extraordinary tax not to exceed one fourth of one per cent. on the taxable property of said city, the said extraordinary tax to be added to the ordinary tax and collected at the same time and used for the same purposes. Extraordinary tax. SEC. XLVII. Be it further enacted, That the clerk and treasurer of said city of West Point shall annually publish, in the newspaper in said city, a tabulated statement showing the receipts and disbursements of the city's money up to the 31st day of December of the year for which the report is made. Financial statements SEC. XLVIII. Be it further enacted, That nothing herein contained shall be construed as repealing any or either of the following Acts, to wit: An Act to authorize the city of West Point in Troup county to organize a public school system, independent of the public school system of the State of Georgia, and for other purposes, approved February 7, 1877. An Act to amend an act to authorize the city of West Point in Troup county to organize a public school system independent of the public school system of the State of Georgia, by changing the number of commissioners from seven to nine, to fix their term of office, etc., approved August 9, 1879. An Act to regulate the holding of municipal elections in the city of West Point, approved March 2, 1874, and the amendment to said Act, approved August 16, 1879. Existing laws. SEC. XLIX. Be it further enacted. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1900.

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TITLE II. PRIVATE CORPORATIONS. ACTS. Capital City Bank. Charter Amended. Trust Company of Georgia, Charter Amended. Georgia Iron and Coal Company, Charter Amended. Georgia and Carolina Manufacturing Company. Germania Savings Bank. CAPITAL CITY BANK, CHARTER AMENDED. No. 21. An Act to amend an Act entitled an Act to amend an Act entitled `an Act to amend the charter of the Capital City Bank, and for other purposes,' approved November 22, 1899, and also to change the name of Capital City Bank to Capital City Trust Company. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act section 1 of the above-recited Act be, and the same is, hereby amended by striking out all of the words in said section, and in inserting in lieu thereof the following language, to wit: That the capital stock of the Capital City Bank shall be $125,000, to be divided into 1,250 shares of $100.00 each; and provided, said corporation, by its board of directors, and with the consent of a majority of its stockholders, may increase the capital stock to an amount not exceeding $500,000, and may in like manner, from time to time, reduce the amount of said capital stock to any sum not less than $25,000. And all previous acts of incorporation and amendments to the said corporation are hereby amended so as to confer the authority herein expressed to the said Capital City Bank by its board of directors and

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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 $500,000, nor less than said $25,000; provided further, 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. Capital City Bank. Capital stock. Liability of stockholders. SEC. II. Be it further enacted by the authority aforesaid, That the name of the Capital City Bank be, and the same is, hereby changed to the name of the Capital City Trust Company. Capital City Trust Company. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 30, 1900. TRUST COMPANY OF GEORGIA, CHARTER AMENDED. No. 17. An Act to amend an Act entitled an Act to incorporate the Commercial Travelers Savings Bank, and for other purposes, approved September 21, 1891, and the Act amendatory thereof entitled an Act to amend an Act to incorporate the Commercial Travelers Savings Bank, approved September 21, 1891, by changing its name to Trust Company of Georgia, and for other purposes, approved November 13, 1893, so as to permit said Trust Company of Georgia to act as administrator of estates of deceased persons, and as guardian for minors and others, and to be appointed to such positions by the ordinaries of the counties of this State, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That the Act entitled an Act to incorporate the Commercial

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Travelers Savings Bank, and for other purposes, approved September 21, 1891, and the Act entitled an Act to amend an Act to incorporate the Commercial Travelers Savings Bank, approved September 21, 1891, by changing its name to the Trust Company of Georgia, and for other purposes, be, and the same are, hereby amended by striking the words but not otherwise, and the ordinaries of this State are authorized to grant letters testamentary to said corporation when it is duly appointed executor of any will, between the word will, in the fourth line, and the words said corporation, in the seventh line of section 7 of the Act entitled an Act to incorporate the Oglethorpe Savings and Trust Company, and for other purposes connected therewith, approved December 18, 1886, so far as the same was made and is a part of the Act entitled an Act to incorporate the Commercial Travelers Savings Bank, and for other purposes, approved September 21, 1891 (which said section was made a part of section first of said Act incorporating said Commercial Travelers Savings Bank), and to substitute in lieu thereof the following: and of administrator, temporary or permanent, of the estate of any deceased person, and of guardian for any minor, lunatic, or other person for whom guardians are appointed under the laws of this State, and the ordinaries of this State are authorized to grant to said corporation letters testamentary when duly appointed executor of any will, and to appoint said corporation is administrator or guardian as aforesaid, and to issue to it letters of administration and guardianship in such cases. And also, by interlining in the fourteenth line of said section, between the words executor and guardian, the word administrator, so that said section 7 of the Act incorporating the Oglethorpe Savings and Trust Company as made a part of the Act incorporating the Commercial Travelers Savings Bank, when amended, will read as follows; Section VII. Be it further enacted, That said corporation shall have power to accept and execute the office and appointment of executor of the last will and testament of any person, and of guardian, when appointed as such by will, and of administrator, temporary or permanent, of the estate of any deceased person, and of guardian for any minor, lunatic, or other person for whom guardians are appointed under the laws of this State, and the ordinaries of this State are authorized to grant to said corporation letters testamentary when duly appointed executor of any will, and to appoint said corporation as administrator or guardian as aforesaid, and to issue to it letters of administration and guardianship in such cases. Said corporation shall have power to accept and execute the office of agent, assignee, receiver or trustee of every kind whatsoever, whether the office or appointment

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shall be conferred by any person or persons, or by any corporation, private or public, or by any court, either of the United States or this State. The capital stock, property and assets of this corpoation shall be absolutely liable for the faithful management of the trust confided to its care as executor, administrator, guardian or trustee, agent, assignee or receiver, as aforesaid, and such capital stock, property and assets shall be considered and accepted as the security intended in all cases where bonds and securities are required by law, and no other land or security shall be required for the faithful performance of any duties imposed upon it when this company shall accept such trusts; provided, that upon a proper showing made to any court of competent jurisdiction, bond and security may be required. That all laws of force in this State, and not contrary to the provisions of this Act, concerning executors, administrators, guardians, trustees, assigness or receivers, shall apply to this company when appointed to such office. That said corporation shall have power to act as fiscal agent for the State of Georgia, or for any other State, or for any county, city, town, corporation or municipality whatsoever, for negotiating, issuing, registering, selling and countersigning bonds, certificates of stock or other obligations, and for paying bonds, coupons, certificates of stock or other obligations, or for guaranteeing the payment of such bonds, certificates, obligations or coupons (or for doing or performing any other contracts or obligations by this corporation) and generally for managing such business for such corporation as may be agreed upon. When the management of any estate or fund is vested in said corporation under the provisions of this Act, said corporation may be sued as to any matter connected therewith in the county in which the appointment was made, and it shall be the duty of said corporation to have an agent in every such county, upon whom service can be effected, and in case it fails to have such agent, it may be served by publication as non-resident defendants in equity causes are now served. That when said corporation shall have moneys in its hands (acting in any of the aforesaid fiduciary capacities) which ought to be invested, it may invest same in the bonds or public debt of the United States or of this State or in bonds indorsed or guaranteed by the State of Georgia, or in any bonds allowed by this State for the investment of fiduciary funds, with like freedom from liability as though ordered to do so by the will, deed or other instrument or order or decree of court creating the trust; provided, such investment be not contrary to any of its directions. That said corporation shall not be obliged to convert into cash or change any investment of stocks, bonds or other securities which may come into its hands when acting in any of the

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aforesaid official or fiduciary capacities, unless directed by deed or will, or otherwise required to do so for the payment of debts, expenses or pecuniary legacies. That whenever any court shall appoint said corporation as trustee, assignee, or receiver, or deposit with said corporation any moneys, such court may at any time appoint a suitable person to investigate the conditions and management of said corporation, who shall report to said court his opinion of the safety and prudence of its investments, and of the integrity and ability with which its affairs are conducted, and the reasons and figures supporting said opinion. The governor of this State may, if he sees fit, cause such examination to be made by the proper person or persons annually, or oftener if, in his opinion, any emergency should require it, but nothing in this Act shall be so construed as to exempt this corporation from making the usual returns and exhibits required by law from other banks and trust companies. Trust Company of Georgia. May become executor, administrator, guardian, turstee, agent, assignee or receiver. SEC. II. Be it further enacted, That all laws and parts of laws conflicting with this Act be, and the same are, hereby repealed. Approved November 30, 1900. GEORGIA IRON AND COAL COMPANY, CHARTER AMENDED. No. 37. An Act to amend an Act entitled an Act to incorporate the Georgia Iron and Coal Company, and to define the objects, rights, powers, privileges, and liabilities of the same, approved February 18, 1873, so as to permit said company to increase its capital stock to an amount not exceeding five million dollars ($5,000,000), and so as to provide that the stockholders may change the principal office of said company if desired, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Act entitled an Act to incorporate the Georgia Iron and Coal Company, and to define the objects, rights, powers, privileges and liabilities of the same, approved February 18, 1873, be, and the same is, hereby amended by striking section 2 of said Act, and in lieu thereof substituting the following: Section 2. That the capital stock of said company shall be not less than two hundred thousand dollars ($200,000), divided into shares of the par value of one hundred ($100) each, and said company shall have

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the right, upon the vote of the holders of a majority of its capital stock then outstanding, to increase said capital stock, from time to time, to any sum that they may deem proper; provided, said capital stock may never exceed the sum of five million dollars ($5,000,000). Georgia Iron and Coal Company. Capital stock. SEC. II. Be it further enacted by the authority aforesaid, That the Act aforesaid be also amended by interlining in section 11 of said Act, between the words Atlanta and the phrase that all notices, in the second line of said section, the following clause, to wit: but upon the vote of the holders of a majority of the stock of said company, then outstanding, said company may change the location of its principal place of business at any time to any place in either of the counties of Bartow, Cherokee, Dade or Walker of this State; provided, that notice of the intention to change said principal place of business shall first be published in the newspaper of the county where said principal place of business is then located, wherein the sheriff's advertisements are published, once per week for four weeks preceding the time such change of the principal place of business is made, with the right in said company to establish branch offices and agencies in any other place in the United States or elsewhere, so that said section, when amended, shall reas as follows: Section 11. That the principal office of said company shall be in Atlanta, but upon the vote of the holders of a majority of the stock of said company then outstanding, said company may change the location of its principal place of business at any time to any place in either of the counties of Bartow, Cherokee, Dade or Walker of this State; provided, that notice of the intention to change said principal place of business shall first be published in the newspaper of the county where said principal place of business is then located, wherein the sheriff's advertisements are published, once per week for four weeks preceding the time such change of the principal place of business is made, with the right in said company to establish branch offices and agencies in any other place in the United States or elsewhere; that all notices and legal process may be served on said corporation as now provided by law for service upon corporations. Principal place of business. SEC. III. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 6, 1900.

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GEORGIA AND CAROLINA MANUFACTURING COMPANY. No. 155. An Act to authorize, ratify and confirm the right and power of the Georgia and Carolina Manufacturing Company to construct a dam or dams across the Tugaloo river, the Georgia State line in said river, near Hattans Ford, in Anderson county, South Carolina, and Hart county, Georgia. WHEREAS Joseph J. Fretwell, Walton Hall and Luther Little have applied to the Superior Court of Hart county, Georgia, to be incorporated under the general laws for the promotion of certain corporations, etc., under the name and style Georgia and Carolina Manufacturing Company, for the purpose, among others, of generating electricity by water-power from the Tugaloo river, at or near Hattans Ford in Anderson county, South Carolina, and Hart county Georgia, and in the charter issued to said corporation the power and authority to construct a dam or dams across said river at the point named for the collection of sufficient water to operate electrical plants and machinery for manufacturing and other purposes, were granted said applicants; and Preamble. WHEREAS, Doubt exists as to whether or not said Tugaloo river is a navigable stream, under the laws of the State, for certain purposes (though the same is not used as such), and some doubt may arise as to the power and authority of the Superior Court of Hart county, Georgia, to grant a charter for its obstruction by a dam or dams to be built across it. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the right, power and privilege to construct and maintain a dam or dams across Tugaloo river, as granted and provided for in the charter issued by the Superior Court of Hart county to the corporation hereinbefore named, its successors and assigns, shall be, and the same is, hereby fully authorized, ratified and confirmed to take effect from the date of the issue of said charter and said corporation shall be organized for business; provided, said company shall construct fish-ways or fish-ladders, so constructed that all species of fish in said stream can ascend or descend said stream; provided, said corporation shall not be exempt hereunder for all damages it may cause by the building of said dam. Georgia Carolina Manufacturing Company. SEC. II. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 19, 1900.

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GERMANIA SAVINGS BANK. No. 84. An Act to amend an Act entitled an Act to incorporate the Germania Loan and Banking Company of Atlanta, Georgia, approved December 27, 1886, and an act amendatory thereto approved November 13, 1889, and an act amendatory thereto approved December 8, 1899, to change the name of Germania Loan and Banking Company of Atlanta, Georgia, to Germania Savings Bank. 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 of the Germania Loan and Banking Company of Atlanta, Georgia, be changed to the name of Germania Savings Bank. Germania Savings Bank. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1900.

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PART IV.RESOLUTIONS.

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RESOLUTIONS. Authorizing Governor to Borrow Money for Deficiencies. Requesting Official Figures as to Population of each County. Proposing to Cede Jurisdiction Over Lands for National Park. In Relation to River and Harbor at Savannah. Colquitt, Hon. A. H., Portrait of, Accepted. In Reference to Election of President, Vice-President and U. S. Senators. Improvement of Public Grounds at Milledgeville. Georgia School for the Deaf, Appointment of Specialist. Academy for the Blind, Investigating Committee. Unfinished Business, for Completion of. Western Atlantic Railroad, Passenger Station at Atlanta. Unfinished Business, Statement of. Unfinished Business, Disposition of. Georgia Relief Association, License of. Harp, A. E., Pension of. For Relief of Jeff Amerson and J. R. Hunter. Williams, Dawson P., Pension of. For Relief of Mrs. A. M. Smith, S. H. Zipperer and John Lane. For Relief of John Vaughn. Authorizing Printer to Correct Clerical Error. Providing for a Doorkeeper for Cloak-room of Senate. AUTHORIZING GOVERNOR TO BORROW MONEY FOR DEFICIENCIES. No. 16. 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, not to exceed two hundred thousand dollars, 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. Money for casual deficiencies. Approved December 19, 1900.

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REQUESTING OFFICIAL FIGURES AS TO POPULATION OF EACH COUNTY. No. 1. WHEREAS, The Constitution of Georgia requires the General Assembly to apportion among the several counties of this State representatives in the General Assembly at its first session after each census taken by the United States Government; and Preamble. WHEREAS, No official figures as to the population of the several counties of this State have been furnished either to this body or any State House officer by the Census Bureau; therefore, be it Resolved by the General Assembly of Georgia, That the governor be, and is, hereby requested to obtain from the director of the census the official figures as to the population of each county in this State, and to submit such figures, when obtained, to this body. Census. Approved November 28, 1900. PROPOSING TO CEDE JURISDICTION OVER LANDS FOR NATIONAL PARK. No. 6. A Resolution concerning the ceding jurisdiction over certain lands in in the State of Georgia to the United States of America for the purpose of establishing a National Forest Reserve or Park. WHEREAS, There is a wide-spread movement in this country asking that the Federal Government purchase from the present owners certain forest-covered lands lying in the high mountain regions of the States of North Carolina, South Carolina, Georgia and Tennessee, about the head-waters of the larger streams flowing through these and adjacent States, for the purpose of establishing in this region a national forest reserve, which will forever protect the sources of the rivers that furnish our water-powers and navigation facilities, which will demonstrate to the people of the country how such forest-covered areas can be managed and perpetuated to the best advantage, and which will become a great national resort within easy reach, at all seasons, of much the larger portion of the population of this country; and Preamble.

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WHEREAS, This General Assembly desires to place on record its interest in and encouragement of a movement which promises such great and lasting benefits to the people of Georgia and her neighboring States; be it Resolved by the General Assembly of the State of Georgia, That this General Assembly hereby expresses its willingness to cede to the United States of America the jurisdiction of the State of Georgia in and over such of the forest-covered mountain lands in this State as may be needed for the purpose of establishing such national forest reserve or national park when the boundaries of such tract or tracts have been designated, and a plat or plats of the same deposited with the secretary of State in Atlanta; provided that the State shall retain concurrent jurisdiction with the United States in and over said tract or tracts so far that all civil and criminal processes 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 or tracts. The General Assembly respectfully asks the favorable consideration of this measure by Congress. National park. Approved December 18, 1900. IN RELATION TO RIVER AND HARBOR AT SAVANNAH. No. 5. WHEREAS, The city of Savannah, an important seaport of this State, through its city council, its various commercial and trade organizations and its citizens generally, is making a strong and earnest effort to secure an appropriation from the Congress of the United States for the deepening of the river and harbor at that place from twenty-six (26) to twenty-eight (28) feet at mean high tide; and Preamble. WHEREAS, The success of such a movement and the deepening of the river and harbor at Savannah in the manner contemplated would naturally result in greatly increasing the commerce of that port and in benefiting largely, not only the people of Savannah, but also the people generally of the entire southeastern section of our country; therefore, be it Resolved by the House of Representatives of the State of Georgia, the Senate concurring, That the movement to secure said appropriation for the purpose of deepening the river and harbor

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at Savannah, Georgia, from twenty-six (26) to twenty-eight (28) feet at mean high tide be, and the same is, hereby most earnestly indorsed and approved, and the senators and congressmen from this State are respectfully requested to lend their active assistance to this worthy undertaking. River and harbor at Savannah. Approved December 15, 1900. COLQUITT, HON. A. H., PORTRAIT OF, ACCEPTED. No. 10. Be it resolved by the House of Representatives, the Senate concurring, That the portrait of Senator Alfred H. Colquitt, tendered to the State by his son and daughter, as set out in the communication of the governor, be, and the same is, accepted, and the thanks of the General Assembly of Georgia are extended to the children of this noble man, who thus honor themselves in honoring their father. Hon. A. H. Colquitt, portrait of. Be it further resolved, That the governor is requested to have the portrait suspended in some conspicuous place in the capitol, with the portraits of other illustrious citizens, among which, on account of the high character and noble achievements of the person it portrays, the same is entitled to a prominent place, and a copy of this resolution shall be sent to the family. Placed in capitol. Approved December 18, 1900. IN REFERENCE TO ELECTION OF PRESIDENT, VICE-PRESIDENT AND U. S. SENATORS. No. 11. A Resolution providing for the appointment of a committee to confer with the legislature of other States of the Union regarding an amendment to the Constitution of the United States, which shall provide for the election of the president, vice-president and United State senators by popular vote. WHEREAS, It is evident, judging by the tone of the public press, as well as by the resolutions of the State Legislatures and the resolutions passed year after year by the National House or Representatives, that a majority of the American people desire a change in the Constitution, whereby they may elect the President, Vice-President

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and United States senators by direct popular vote; therefore, be it Preamble. Resolved, the Senate concurring, That a committee of five, two from the Senate and three from the House, be appointed to confer with the legislatures of other States of the Union, with the view of bringing about the submission of an amendment to secure the desired result; this committee to report to the legislature in 1901. President, vice-president and U. S. senators, election of. Approved December 19, 1900. IMPROVEMENT OF PUBLIC GROUNDS AT MILLEDGEVILLE. No. 7. WHEREAS, The grounds surrounding the college building and the Atkinson Dormitory of the Georgia Normal and Industrial College, located in Milledgeville, are in an irregular, uneven, uncultivated and bad condition, and greatly in need of improvements by grading and being laid off in proper walks, squares, plats, etc.; and Preamble. WHEREAS, Said grounds can be thus improved and beautified at no expense to the State, and by comparatively little work, and thus greatly improve and enhance in value the State's property; 1st, therefore, be it Resolved by the Senate, the House concurring, That within twelve months from the passage of this resolution the superintendent of the State Farm located at Milledgeville be, and he is, hereby authorized and directed to take such number of convicts from said farm, also such tools, wagons, carts, mules or other implements necessary for the work in hand, and with the president of the Georgia Normal and Industrial College, or such other person as the said president may designate, grade the grounds surrounding the said college building and dormitory aforesaid, and lay the same off in such squares, walks or plats as may be planned and specified by the college authorities. Georgia Normal and Industrial College, grounds of, improvement of. 2d. This work to be done at such time or times as the said superintendent of said farm and the college authorities may agree upon within the twelve months aforesaid, as best suited to the convenience of all parties. Approved December 18, 1900.

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GEORGIA SCHOOL FOR THE DEAF, APPOINTMENT OF SPECIALIST. No. 13. A Resolution to authorize the Board of Trustees of the Georgia School for the Deaf to appoint an ear, eye and throat specialist. WHEREAS, The State of Georgia, more than fifty years ago, established a school for the education of the deaf, thereby recognizing its duty to these afflicted people; and Preamble. WHEREAS, It is believed that it is the duty of the State to do everything in its power to ameliorate the condition of this class of her citizens as much as possible; be it therefore Resolved by the House of Representatives, the Senate concurring, That the board of trustees of the Georgia School for the Deaf be, and the same is, hereby authorized and empowered to appoint in the usual manner of appointing its officers, an ear, eye and throat specialist, whose duty it shall be to visit the school as often as the said board of trustees may deem necessary, for the purpose of examining the pupils in said schools and administer to them such treatment as the exigencies of the case may call for; and be it Georgia School for the Deaf. Ear, eye and throat specialist for. Resolved further, That the amount of compensation to be paid said specialist and the manner of its payment shall be fixed by the board of trustees, and that his services be dispensed with when, in the judgment of said trustees, the results of his work are not sufficient to warrant the expenditure; provided, the compensation allowed such specialist shall be paid out of the money appropriated for the support and maintenance of said school. Compensation. Approved December 19, 1900. ACADEMY FOR THE BLIND, INVESTIGATING COMMITTEE. No. 19. WHEREAS, The committee appointed by the General Assembly to visit and inspect the Academy for the Blind, located at Macon, have submitted their report; and Preamble. WHEREAS, It appears from said report that a thorough investigation should be made of said Academy for the Blind, together with books, papers, vouchers and other things affecting the management of said institution, and the manner in which and for which the money appropriated by the State is expended; and Academy for the Blind.

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WHEREAS, In the limited time at the disposal of the committee such investigation could not be made; therefore, be it Resolved by the House of Representatives, the Senate concurring, A joint committee consisting of two from the House and one from the Senate be appointed to make a thorough investigation into the said institution, with power to compel the attendance of witnesses, the production of books, papers, vouchers and other things necessary to make said investigation full and complete, to administer oaths, examine witnesses and make a full and complete report of their findings to the next session of the General Assembly; be it further Committee to investigate. Resolved, That said committee shall sit in vacation, and shall have the right to sit for such length of time as may be necessary to make said investigation and report. Approved December 20, 1900. UNFINISHED BUSINESS, FOR COMPLETION OF. No. 18. A Resolution for completion of unfinished business of the session. Resolved by the House of Representatives, the Senate concurring, That the Speaker of the House of Representatives and the President of the Senate, the clerk of the House of Representatives and the secretary of the Senate be, and they are, hereby authorized to remain at the capitol five days after the adjournment of the General Assembly for the purpose of affixing their official signatures to all bills and resolutions passed previous to said adjournment, and they be allowed their per diem for said time. Unfinished business of legislature. Resolved further, That the chairmen respectively of the Enrollment and Auditing Committees of the House and Senate, together with four members of the House and Senate Enrolling Committees and two members of the House and Senate Auditing Committees, to be designated by the chairmen thereof, be, and they are, hereby authorized to remain at the capitol for five days after the adjournment of the General Assembly for the purpose of bringing up the unfinished business of the session, and that they be allowed their per diem for said time. Committee to complete. Resolved further, That the postmistress of the House be, and she is, hereby authorized to remain at the capitol for five days after the adjournment of the General Assembly for the purpose of distributing

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and forwarding the members' mail, and that she be allowed her per diem for said time. Post mistress. Resolved further, That one porter of the House and one porter of the Senate be, and they are, hereby authorized to remain at the capitol for five days after the adjournment of the General Assembly, and that they be allowed their per diem for said time. Porters. Approved December 19, 1900. WESTERN AND ATLANTIC RAILROAD, PASSENGER STATION AT ATLANTA. No. 17. Resolved by the House of Representatives, the Senate concurring, That a committee of five from the House and three from the Senate be appointed for the purpose of conferring with the lessees of the Western and Atlantic Railroad relative to the construction of a union passenger station upon the property of the State in Atlant; be it further Committee on union passenger station at Atlanta. Resolved, That said committee shall have power to sit during vacation, and shall report to the General Assembly the first day of next session; provided, such committee shall not be in session more than twenty days; provided, that the members of the committee shall serve without compensation, not exceeding twenty days, and shall only be paid the amount of their actual expenses, to wit: railroad fare and hotel bills incurred while serving during said period of twenty days. Approved December 19, 1900. UNFINISHED BUSINESS, STATEMENT OF. No. 9. A Joint Resolution providing for a statement of unfinished business to be sent members of the General Assembly. Resolved by the House of Representatives, the Senate concurring, That John T. Boifeuillet, clerk of the House, and C. S. Northern, secretary of the Senate, be instructed to prepare, publish and mail to each member of the General Assembly a statement showing the unfinished business of this session at the time of adjournment, and the status of each pending bill and resolution. Statement of unfinished business for members of legislature. Approved December 18, 1900.

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UNFINISHED BUSINESS, DISPOSITION OF. No. 12. Resolved by the House of Representatives, the Senate Concurring, That all bills and resolutions introduced at this session of the legislature and not finally acted upon at this session shall go over to the next session as unfinished business. Unfinished business for next session. Approved December 19, 1900. GEORGIA RELIEF ASSOCIATION, LICENSE OF. No. 21. WHEREAS, By law the Georgia Relief Association (a cooporative insurance company doing business in Columbus, Georgia), with other such companies, is required in each and every year, and on the 30th day of June and the 31st day of December, or within sixty days thereafter, to make to the governor a statement of the condition of said company on said dates; and Georgia Relief Association. WHEREAS, By an act of the General Assembly of this State, approved December 20, 1893, it is provided that shall any one of such insurance companies fail or refuse to make said statement to the governor, it shall, by such failure or refusal, forfeit its right to do business in this State until the 1st of January of the next year, and on such failure or refusal the insurance commissioner shall recall and cancel the license of such delinquent company; and WHEREAS, Through misapprehension of its duty the said The Georgia Relief Association failed to make the statement for June 30, 1900, as is provided by law; and Statement. WHEREAS, The insurance commissioner of the State, obeying the mandates of the law, recalled the license of said company; and License withdrawn. WHEREAS, When said mistake was detected the said statement was duly made to the governor and is now of file in his office; and WHEREAS, It was not the intention of the officers of said Georgia Relief Association to evade the law, but that said failure to make said statement was due to a misapprehension of their duties; therefore, be it Resolved by the General Assembly of Georgia, That said Georgia Relief Association is hereby relieved of said penalty, and the insurance commissioner is, by virtue of this resolution, authorized to reissue to said Georgia Relief Association a license to resume

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and continue its business throughout the present year, without additional cost and expense to said association. License re-issued. Approved December 19, 1900. HARP, E. A., PENSIONER, CHILDREN OF. No. 20. WHEREAS, A. E. Harpe, late of Macon, died December 29, 1898, leaving four children, who still live, and are in indigent circumstances; and Pension of A. E. Harp. WHEREAS, The pension commissioner had approved application of said A. E. Harp as a pensioner, under existing laws, for sixty ($60.00) dollars, and said Harp died before said amount was paid him; be it therefore Resolved by the House of Representatives, the Senate concurring, that the said sum be paid to Tessa, Masouri, Vera and Ruth Harp, daughters of said A. E. Harp, and the Governor is authorized to draw his warrant on the treasury for payment of said sum out of any fund in treasury not otherwise appropriated. Payable to his children. Approved December 21, 1900. FOR RELIEF OF JEFF AMERSON AND J. R. HUNTER. No. 14. A Resolution to relieve Jeff Amerson, principal, and J. R. Hunter, surety, on the bond of Jeff Amerson. WHEREAS, J. R. Hunter, of Taylor county, surety on an appearance bond for Jeff Amerson in the sum of fifty dollars, conditioned upon the appearance of the said Amerson at the October term, 1900, of Taylor Superior Court; and Jeff Amerson and J. R. Hunter, relief of. WHEREAS, The principal on said bond was in attendance upon said term of the court in obedience to the conditions of said bond, but being temporarily absent from the court room when the case was called the bond was forfeited; and WHEREAS, The forfeiture has not been paid and the principal was immediately apprehended and placed under bond for his appearance at the next term of the court; therefore, be it

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Resolved by the House, the Senate concurring, That the said Jeff Amerson, principal, and J. R. Hunter, surety on said bond, be, and they are, hereby relieved of the payment of the sum of fifty dollars ($50.00), the amount of the forfeiture of said bond. Approved December 19, 1900. WILLIAMS, DAWSON P., PENSION OF. No. 8. WHEREAS, Dawson P. Williams, late of Clarke county, died the first day of January, 1898, leaving a widow, who still lives, and is in indigent curcumstances; and Dawson P. Williams. WHEREAS, The Pension Commissioner had approved application of said Dawson P. Williams as a pensioner, under existing laws, for $60.00, and said Williams died before said amount was paid him; be it therefore Pension of. Resolved by the House of Representatives, the Senate concurring, That the said sum be paid to Mrs. Caroline Williams, widow of said Dawson P. Williams, 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. Payable to widow. Approved December 17, 1900. FOR RELIEF OF MRS. A. M. SMITH, S. H. ZIPPERER AND JOHN LANE. No. 2. A Resolution to relieve Mrs. A. M. Smith, S. H. Zipperer and John Lane, securities upon the bail bond of Victor Smith. WHEREAS, Mrs. A. M. Smith, S. H. Zipperer and John Lane did, on December 14, 1898, enter into a bond as sureties and bail for Victor Smith for his appearance at the city court of Valdosta, in the county of Lowndes, to answer to and abide the final judgment of the court upon a motion for a new trial in the case of the State against Victor Smith for the offense of misdemeanor, then and there pending, which bond was for the penal sum of $100.00; and Mrs. A. M. Smith, S. H. Zipperer, and John Lane.

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WHEREAS, The bond so given and entered into was, at the March term, 1900, of the city court of Valdosta, finally forfeited for the failure of the said Victor Smith to abide the final order of the court on said motion for a new trial by the payment of the fine previously imposed or surrendering himself to the sheriff; and WHEREAS, Judgment and execution was thereupon issued against the said Mrs. A. M. Smith, S. H. Zipperer and John Lane; and WHEREAS, Subsequent to the rendition of said judgment and fi. fa. the said Victor Smith has been apprehended and delivered over to the sheriff of Lowndes county, and by said sheriff delivered to the chain-gang authorities of said county; and WHEREAS, Subsequent to the said delivery of the said Victor Smith to the chain-gang authorities, as above stated, the Prison Commission of the State of Georgia recommended and ordered that the sentence of the said Victor Smith be commuted to the payment of a fine of $35.00; and WHEREAS, The Governor of the State of Georgia ordered and directed that the said Victor Smith be released upon the payment of the said fine of $35.00; and WHEREAS, The said fine has been paid by the Victor Smith, and he has been released from custody; therefore, be it Resolved by the General Assembly of the State of Georgia. That the said Mrs. A. M. Smith, S. H. Zipperer and John Lane, sureties for said Victor Smith, be, and they are, hereby relieved from any and all further liability upon said bail bond, judgment and fi. fa. issued thereon, and the officers of the city court of Valdosta are hereby authorized and directed to have said fi. fa. entered, satisfied and cancelled, and to have the same so entered upon the execution docket of said court. Relief of. Approved December 3, 1900. FOR RELIEF OF JOHN VAUGHN. No. 4. A Resolution to pay John Vaughn for work done in the penitentiary for the State of Georgia, from the first day of April, 1899, to the ninth day of November, 1899. WHEREAS, John Vaughn was convicted at the February term, 1892, of Superior Court of Catoosa county, Georgia, of the offense of burglary and sentenced to the penitentiary for a term of ten years; and John Vaughn.

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WHEREAS, Said John Vaughn was on the thirtieth day of November, 1898, after an application made by him and a pardon recommended by the Prison Commission, by the Governor of said State pardoned of said offense, and it was ordered that said Vaughn be discharged from the custody immediately thereafter; and WHEREAS, Said Vaughn was not discharged from custody as ordered, but kept in prison and at hard labor until the ninth day of November, 1899, and was under the supervision and control of the State from the first day of April, 1899, to the ninth day of November, 1899; therefore, be it Resolved by the House of Representatives, the Senate concurring, That inasmuch as said Vaughn was illegally detained in prison after said pardon was granted, and the State of Georgia received the benefit of his labor, that said Vaughn be paid one dollar per day for said labor, from April 1, 1899, to November 9, 1899, making a total of $189.00; and be it further Relief of. Resolved, That the Governor of the State be, and he is, hereby authorized to draw his warrant on the treasury of the State in favor of said John Vaughn for the sum of $189.00 upon any fund in the treasury not otherwise appropriated. Approved December 13, 1900. AUTHORIZING PRINTER TO CORRECT CLERICAL ERROR. No. 15. WHEREAS, By joint Resolution No. 49, the Governor is authorized to pay John Vaughn $189.00 for work done in the Penitentiary of Georgia; and Clerical error, how corrected. WHEREAS, The word Pension is used in said Resolution instead of the word Prison, the same being a typographical error, be it, therefore, Resolved by the House, the Senate concurring, That in printing said Resolution, the State Printer be, and is, hereby authorized to print the word Prison instead of the word Pension in said Resolution, wherever the same occurs. Approved December 19, 1900.

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PROVIDING FOR A DOORKEEPER FOR CLOAK ROOM OF SENATE. No. 3. Resolved by the Senate, the House concurring, That the Secretary be instructed to open the side door of the cloak room as an entrance to all but members of the General Assembly and officials; and that the main door of the Senate be reserved for them, and that the Secretary be authorized to place a doorkeeper at the cloak room door. Doorkeeper for cloak room of Senate. Adopted by the Senate November 16, 1900, and concurred in by the House November 23, 1900, and became effective by operation of law without approval of the Governor.

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TREASURER'S REPORT.

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EXHIBIT I. W. J. Speer, Treasurer, in account with the State of Georgia from October 1st, 1899, to September 30th, 1900. Balance in Treasury October 1st, 1899 $ 438,776 66 Account of Academy for Blind, 1899 $ 4,500 00 From Artists' tax $ 1,275 40 Account of Academy for Blind, 1900 13,500 00 From Auctioneers' tax 586 50 Account of Civil Establishment, 1899 71,262 50 From Back taxes 31,092 27 Account of Civil Establishment, 1900 62,637 50 From Ball and bicycle parks 22 50 Account of College for colored, 1899 4,000 00 From Bicycle companies 1,600 00 Account of College for colored, 1900 4,000 00 From Billiard tax 5,686 50 Account of Contingent Fund, 1899 10,030 02 From Cigarette tax 4,163 68 Account of Contingent Fund, 1900 5,737 11 From Costs and fi. fas 1 50 Account of Contingent Fund Railroad Com 800 00 From Dividends from stocks 2,596 00 Account of Contingent Fund Supreme Court 1,485 22 From Earnings Northeastern Railroad 6,846 78 Account of Department of Agriculture, 1899 2,500 00 From Express companies 3,958 03 Account of Department of Agriculture, 1900 7,500 00 From Fees from building and loan associations 70 00 Account of Disabled soldiers' pensions 194,945 00 From Fees from inspection of fertilizers 25,492 48 Account of Fertilizer Fund 9,616 58 From General tax 1,929,587 60 Account of Georgia State Sanitorium, 1899 68,749 97 From Gypsy tax 22 50 Account of Georgia State Sanitorium, 1900 206,250 03 From Hire convicts 201,297 40 Account of Geological Fund 9,384 21 From Insolvent general tax 20,638 29 Account of Georgia Normal and Industrial College, 1899 5,100 00 From Insolvent poll tax 4,513 12 Account of Georgia Normal and Industrial College, 1900 15,300 00 From Insurance fees 13,254 00 Account of Horticultural Fund, 1899 882 14 From Insurance agents 7,080 00 Account of Horticultural Fund, 1900 1,745 38 From Insurance tax 65,951 23 Account of Incidental expenses General Assembly 78 45 From Interest from depositories 9,505 98 Account of Indigent soldiers' pensions 267,960 00 From Interest on fi. fas 46 82 Account of Inspector of Oils 1,034 77 From Lease Indian Springs 110 00 Account of Insurance public buildings 225 00 From Lightning rod agents 202 50 Account of Land Scrip Fund 6,314 14 From Liquor tax 132,343 40 Account of Legislative pay-roll, 1899 69,921 71 From Money refunded 1,161 23 Account of Library Fund, 1899 1,294 40 From Office fees 1,816 36 Account of Library Fund, 1900 1,524 51 From Oil fees 11,855 18 Account of Memorial Fund 107 67 From Peddlers' tax 1,901 00 Account of Military Fund, 1899 2,500 00 From Pistol tax 5,184 37 Account of Military Fund, 1900 9,500 00 From Poll tax 245,501 51 Account of North Georgia College, 1899 3,000 00 From Railroad tax 239,053 23 Account of North Georgia College, 1900 3,000 00 From Rental Western Atlantic Railroad 420,012 00 Account of Overpayment taxes 2,459 03 From Sale of Acts 99 20 Account of Prison Fund, 1899 87,195 12 From Sale of Codes 867 00 Account of Prison Fund, 1900 69,120 00 From Sale Northeastern Railroad 103,622 50 Account of Printing Fund, 1899 4,713 99 From Sale Supreme Court Reports 6,235 00 Account of Printing Fund, 1900 14,070 65 From Sewing machine agents 940 00 Account of Printing Fund Railroad Com., 1899 948 38 From Sewing machine companies 2,000 00 Account of Printing Fund Railroad Com., 1900 116 37 From Show tax 4,636 20 Account of Public Building Fund, 1899 4,257 59 From Supreme Court costs 997 92 Account of Public Building Fund, 1900 13,284 95 From Tax on abstract companies 22 50 Account of Publishing Supreme Court Reports 4,469 50 From Tax on agencies 540 00 Account of Public debt 445,023 75 From Tax on brewing companies 2,340 00 Account of Repairing old Capitol 2,000 00 From Tax on cold storage 1,620 00 Account of School for Deaf, 1899 6,250 00 From Tax on emigrant agents 450 00 Account of School for Deaf, 1900 23,750 00 From Tax on futures 9,000 00 Account of School Fund, 1899 812,128 08 From Tax on games 841 50 Account of School Fund, 1900 623,749 93 From Tax on loan agents 162 63 Account of School of Technology and Textile Dept., 1899 7,500 00 From Tax on pawnbrokers 1,620 00 Account of School of Technology and Textile Dept., 1900 22,500 00 From Tax on specialties 81 00 Account of Solicitors-General Fees 4,555 00 From Tax on sleeping car companies 691 92 Account of Stationery General Assembly 318 07 From Tax on telegraph companies 3,085 86 Account of Special appropriations 9,794 41 From Tax on telephone companies 7,375 01 Account of State University, 1900 8,000 00 From Tax on tickets brokers 318 15 Account of State Normal School, 1899 4,000 00 From From Wild Land Tax 63 94 3,542,069 69 Account of State Normal School, 1900 12,000 00 Account of Trustees Sanitorium, 1899 1,197 90 Account of Trustees Sanitorium, 1900 642 16 Account of Trustees State University 545 86 Account of Temporary loan 100,000 00 Account of Widows' pensions, 1899 420 00 Account of Widows' pensions, 1900 213,300 00 Account of Western Atlantic Railroad change bills 3 00 3,564,700 05 Balance in Treasury September 30th, 1900 416,146 30 $3,980,846 35 $3,980,846 35

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INDEX. A ACADEMY FOR THE BLIND Appropriation for 11 Investigating Committee 504 ADEL Town of, incorporated 196 AMERICUS City Court of, established 93 AMERICUS City Court of, solicitor of 104 Amerson, Jeff, for relief of 508 ANIMALS Impounded, disposition of 45 APPEALS In forma pauperis 55 APPROPRIATIONS For support of government, etc 2 For Confederate Soldiers' Home of Georgia 86 For State Printer 18 ASSESSMENT INSURANCE COMPANIES Deposits required of 47 ATHENS City of, charter amended 209

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ATLANTA City of, charter amended 209 ATTORNEY'S FEES In notes, collection of 53 AVERA Town of, incorporated 207 B BAKER COUNTY Superior Court, terms of 59 BAINBRIDGE City Court of, established 104 BARNESVILLE City Court of, proceedings in 113 BARNESVILLE City of, dispensary for 214 BIBB COUNTY Support of libraries 156 BLAKELY City of, incorporated 219 BLUE RIDGE City of, incorporated 228 BONDS FOR TITLES Record of 68 BOSTON Town of, public schools 236 BRUNSWICK City of, charter amended 240

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BRUNSWICK City of, charter amended 242 BUENA VISTA Town of, sale of liquor in prohibited 248 BUFFALO AND CHARLESTON EXPOSITIONS Commissioners to 80 BURKE COUNTY Supervision of roads and bridges 158 BUTTS COUNTY County Court of, established 151 C CALHOUN Town of, charter amended 251 CAMPBELL COUNTY Drainage 159 CAPITAL CITY BANK Charter amended 489 CARROLLTON City of, tax for public schools 252 CECIL Town of, new charter for 253 CENSUS Report for each county requested 500 CHATHAM COUNTY Clerk of treasurer 161

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CHATHAM COUNTY Commissioners, terms of 162 CHARLESTON EXPOSITION Commissioners to 80 CHEROKEE COUNTY Drainage 162 CITY COURT Of Americus, established 93 Of Americus, solicitor of 104 Of Bainbridge, established 104 Of Barnesville, proceedings in 113 Of Brunswick, solicitor of 115 Of Decatur county, abolished 116 Of Dublin, established 117 Of Early county, established 131 Of Elberton, judge's salary, etc. 135 Of Griffin, solicitor of, term, etc. 137 Of Greenville, transfer of cases 139 Of LaGrange, jurisdiction, etc. 140 Of Macon, proceedings in, etc. 144 Of Savannah, grand jury in, abolished 148 Of Swainsboro, jurisdiction, etc. 148 Of Waycross, terms of 150 COBB COUNTY Upshaw school district, incorporated 164 CODE AMENDMENTS Vol. 1, section 102, Superintendents of elections of Justices of Peace 39 Vol. 1, section 115, Primary elections, disposition of papers 40 Vol. 1, section 223, Officers, eligibility and qualification 42

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Vol. 1, section 862, Insolvent lists of tax-collectors 42 Vol. 1, section 982, State depositories, in Madison 43 Vol. 1, section 982, State depositories, in Tennille 43 Vol. 1, section 1419 44 Vol. 1, section 1775 45 Vol. 2, section 1866 47 Vol. 2, section 2061 47 Vol. 2, section 3317 51 Vol. 2, section 3621 52 Vol. 2, section 3667 53 Vol. 2, section 4193 54 Vol. 2, section 4465 55 Vol. 2, section 4786 56 Vol. 2, section 5269 57 Vol. 2, section 5510 57 Vol. 3, section 752 58 COLQUITT, HON. A. H. Portrait of 502 COLUMBUS City of, charter amended 267 COLUMBUS City of, commons of 270 COMMON SCHOOLS Appropriation for 13 CONFEDERATE SOLDIERS' HOME OF GEORGIA Acceptance of 86 CONTINGENT FUND Appropriation for 13 CONYERS City of, public schools 271

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CORNELIA Town of, charter amended 272 CORPORATIONS Bonds of, cancellation of 47 COUNTY COURTS Jurisdiction of 54 COUNTY COURT OF Butts county, established 151 Early county, abolished 152 Macon county, fines, etc., in 153 Sumter county, abolished 153 Walker county, abolished 154 CRAWFORDVILLE Town of, charter amended 274 D DAWSON City of, charter amended 275 DAWSON City of, charter amended 276 DEBT OF STATE Appropriation to pay 13 Tax for sinking fund 37 DECATUR COUNTY City court of, aboleshed 116 DEKALB COUNTY Superior court, terms of 60

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DEEDS Attestation of 52 DEEPSTEP Town of, incorporated 279 DEMOREST City of, charter amended 277 DEPARTMENT OF AGRICULTURE Appropriation for 13 DEPUTY SHERIFFS Compensation of 81 DICKEY Town of, incorporated 281 DODGE COUNTY Superior Court, terms of 63 DOGS Tax on, repealed 38 DOUGLAS COUNTY Commissioners for 168 DOUGLAS City of, charter amended 284 DUBLIN City Court of, established 117 E EARLY COUNTY City Court of, established 131 County Court of, abolished 152

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EAST ROME Town of, public schools 286 EAST THOMASTON Village of, incorporated 287 ELBERTON City Court of, judge's salary, etc. 135 ELBERTON City of, public schools 293 ELECTIONS OF JUSTICES OF THE PEACE Superintendents of 39 ELECTIONS, PRIMARY Disposition of papers 40 ELECTION BLANKS How furnished 69 ELLIJAY Town of, charter amended 297 ENTOMOLOGIST Appointment and salary 89 EXECUTORS Where more than one 51 F FAYETTE COUNTY Manufacture of liquor in 170 FLOYD COUNTY Superior Court, terms of 60 Protection of fish in waters of 171 FRATERNAL BENEFICIARY ORDERS Defined, etc 71

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G GEORGIA NORMAL AND INDUSTRIAL COLLEGE Appropriation for 12 GEORGIA MILITARY COLLEGE Name, etc 85 GEORGIA SCHOOL FOR THE DEAF Appointment of specialist for 504 GEORGIA STATE SANITARIUM Appropriation for 17 Treasurer, bond of 44 GEORGIA IRON AND COAL CO. Charter amended 493 GEORGIA AND CAROLINA MFG. CO. May build dams 495 GEORGIA RELIEF ASSOCIATION License of 507 GEOLOGICAL DEPARTMENT Appropriation for 15 GERMANIA SAVINGS BANK Charter amended 496 GLYNN COUNTY Public roads of 172 GORDON COUNTY Manufacture of liquor in 175 GOVERNOR May borrow money for deficiencies 499

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GREENE COUNTY Superior Court of, terms of 61 Drainage 175 GREENVILLE City Court of, transfer of cases, etc. 139 GRIFFIN City Court of, solicitor, term of, etc. 137 GWINNETT COUNTY Manufacture of brandies from fruits 178 Drainage 177 H HANCOCK COUNTY Insolvent criminal costs in Superior Court of 155 HARP, A. E. Pension of 508 HEARD COUNTY Superior Court, terms of 62 HORTICULTURE AND POMOLOGY Department of 89 HUNTER, J. R For relief of 508 I INDICTMENTS How sent to County Courts 58 INDUSTRIAL FARM Reformatory prison 77

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INSOLVENT LISTS Of Tax Collectors 42 IRON CITY Town of, incorporated 298 IRWIN COUNTY Superior Court, terms of 63 Board of Commissioners for 179 J JESUP Town of, public schools 302 JOHNSON COUNTY Board of commissioners for 182 JUDGMENTS Of justice courts in other States 78 JUSTICES OF THE PEACE Election of, superintendents 39 K KESTLER Town of, incorporated 303 L LA GRANGE City court of, jurisdiction, etc 140 LANE, JOHN For relief of 509 LOUISVILLE City of, incorporated 305

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LUCRETIA City of, incorporated 314 LUMBER CITY Town of, public schools 324 MCINTOSH Town of, charter repealed 344 MACON COUNTY County Court of, fines, etc., in 153 MACON City Court of, proceedings in, etc. 144 City of, charter amended 328 City of, charter amended 336 City of, charter amended 340 City of, charter amended 342 MADISON Banks of, State depository 43 City of, charter amended 343 MERIWETHER COUNTY Woodbury school district incorporated 184 MILITARY FORCES Organization of 84 MILLEDGEVILLE City of, new charter 345 Public grounds, improvement of 503 MONTEZUMA Town of, charter amended 371 MONTGOMERY COUNTY Superior Court, terms of 63

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MORGAN COUNTY Manufacture of liquor in prohibited 188 License fee to sell liquors 188 MORVEN Town of, incorporated 365 MOULTRIE City of, charter amended 372 MOUNT AIRY Town of, charter amended 370 N NATIONAL PARK Land for, to be ceded 500 NASHVILLE City of, incorporated 374 NEWTON COUNTY Drainage 190 NORTH GEORGIA AGRICULTURAL COLLEGE Appropriation for 12 O OAKFIELD Town of, incorporated 390 OCONEE CIRCUIT Superior Courts, terms of 63 OFFICERS Eligibility and qualification 42 OGLETHORPE Town of, incorporated 394

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P PARTITION Proceedings for 56 PENSIONS Appropriation for 15 Appropriation for 19 PEPPERTON Town of, incorporated 403 PHEASANTS Protection of 82 PRESIDENT, VICE-PRESIDENT AND SENATORS Election of 502 PRIMARY ELECTIONS Disposition of papers 40 PRISON COMMISSION Appropriation for 16 PUBLIC DEBT Tax for sinking fund 37 PUBLIC PRINTER Correction of clerical errors 511 PUBLIC ROADS Condemnation of lands for 65 PULASKI COUNTY Superior court, term of 63 R REFORMATORY PRISON Industrial farm 77

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RESACA Town of, charter amended 404 ROBERTA Town of, public schools 405 Town of, charter amended 408 ROME City of, charter amended 409 ROSWELL Town of, public schools 410 S. SANDERSVILLE City of, public schools 411 City of, charter amended 414 SAVANNAH City of, registration of voters 415 City of, may buy land 421 City of, officers, election and terms of 422 City court of, grand jury in, abolished 148 River and harbor of, improvement 501 SAVANNAH VOLUNTEER GUARDS A battallion of heavy artillery 83 SCHOOL BOOKS How changed 65 SCHOOL CERTIFICATE OR LICENSE Counterfeiting 69 SCHOOL FOR THE DEAF Appropriation for 11 SCHOOL OF TECHNOLOGY Appropriation for 11

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SENATE Doorkeeper for 512 SHERIFF Compensation of deputies 81 SMITH, MRS. A. M. For relief of 509 SMITHVILLE Town of, charter amended 423 STATE DEPOSITORIES Madison 43 Tennille 43 STATE PRINTER Appropriation for 18 STATE NORMAL SCHOOL Appropriation for 12 STATE SANITARIUM Appropriation for 11 Appropriation for 17 STATE UNIVERSITY Appropriation for 11 Land script fund 12 Appropriation for 13 Appropriation for 17 Board of visitors, special 79 STILLMORE Town of, charter amended 426 SUMTER COUNTY City Court of, abolished 153

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SUPERIOR COURT Terms of in Baker county 59 Terms of in DeKalb county 60 Terms of in Dodge county 63 Terms of in Floyd county 60 Terms of in Greene county 61 Terms of in Heard county 62 Terms of in Irwin county 63 Terms of in Montgomery county 63 Terms of in Pulaski county 63 Terms of in Telfair county 63 Terms of in Twiggs county 63 Terms of in Whitfield county 63 Terms of in Wilcox county 63 SUPREME COURT Authority of clerk 57 SWAINSBORO City Court of, jurisdiction of 148 City of, incorporated 437 Town of, charter repealed 439 Town of, charter repealed 439 SYLVESTER Town of, public schools 440 T TAX General Tax Act for 1901 and 1902 21 On dogs repealed 38 TAX COLLECTORS Insolvent lists of 42 TELFAIR COUNTY Superior Court, terms of 63

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TENNILLE Town of changed to city of 448 Made a State Depository 43 THOMASTON City of, bonds of 449 THOMASVILLE City of, public schools 451 THOMSON Town of, new charter 455 TREASURER OF STATE SANITARIUM Bond of 44 TRUSTEES OF STATE SANITARIUM Appropriation for 15 TRUSTEES OF STATE UNIVERSITY Appropriation for 15 TRUST COMPANY OF GFORGIA Charter amended 490 TWIGGS COUNTY Superior Court, terms of 63 U UNADILLA Town of, public schools 466 UNIVERSITY OF GEORGIA Appropriation for 11 Appropriation for 13 Appropriation for 17 Land script fund 12 Board of visitors, special 79

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UNIVERSITY FOR THE COLORED PEOPLE Appropriation for 12 UNFINISHED BUSINESS OF THE LEGISLATURE For compilation 505 Statement of 506 Disposition of 507 V VALDOSTA City of, charter amended 469 City of, charter amended 472 VAUGHN, JOHN For relief of 510 VOTERS Registration of 70 W WALKER COUNTY County Court of, abolished 154 WAYCROSS City Court of, terms of 150 WATKINSVILLE Town of, charter amended 474 WEST POINT City of, new charter 474 WHITFIELD COUNTY Superior Court, terms of 63 WILCOX COUNTY Superior Court, terms of 63

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WILLIAMS, DAWSON P. Pension of 509 WITNESSES Compensation of 57 Z ZIPPERER, S. H. For relief of 509 TREASURER'S REPORT COURT CALENDAR

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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 Deputyp Clerk. GEO. W. STEVENS Reporter. J. M. GRAHAM Assistant Reporter.

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Superior Court Calendar for 1901. REVISED BY Z. D. HARRISON. 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. BakerThird Monday in March and September. DecaturTuesday after second Monday in May and November. CalhounTuesday 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; J. S. Reynolds, Augusta, 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.

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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. 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 second Monday in October.

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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. HeardThird 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; Hope Polhill, Macon, Ga., Solicitor-General. CrawfordThird Monday in March and October. HoustonFirst Monday in April and October. BibbThird Monday in April and first Monday in November. 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. 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.

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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. Holden, Horace M, Crawfordville, Ga., Judge; David W. Meadow, Danielsville, 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 March and September. MorganFirst Monday in March and September. PutnamThird Monday in March and September. JasperFourth Monday in March and September. WilkinsonFirst Monday in April and October. JonesThird Monday in April and October. OCONEE CIRCUIT. D. M. Roberts, Eastman, Ga., Judge; J. F. DeLacy, Eastman, Ga., Solicitor-General. PulaskiSecond Monday in February and August. WilcoxFourth Monday in March and September. IrwinSecond Monday in January and July. TwiggsFirst Monday in March and September. TelfairFourth Monday in January and July. MontgomeryFourth Monday in April and October. DodgeFourth Monday in May and November.

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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. FloydSecond Monday in January and July. 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. 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. DeKalbFirst Monday in May and November. ClaytonFirst Monday in March and September. NewtonThird Monday in March and September. RockdaleFirst Monday in April and October.

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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.