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 19010000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1901 19010000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE ATLANTA, GA. GEO. W. HARRISON, STATE PRINTER THE FRANKLIN PRINTING AND PUBLISHING COMPANY 2901 GEO. W. HARRISON, STATE PRINTER, Atlanta, Ga.

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TABLE OF TITLES. PART 1PUBLIC LAWS. Title I.APPROPRIATIONS. Title II.TAXES. Title III.CODE AMENDMENTS. Title IV.SUPERIOR COURTS. Title V.MISCELLANEOUS. PART IILOCAL LAWS. Title I.CITY AND COUNTY COURTS. Title II.MISCELLANEOUS. PART IIICORPORATIONS. Title I.MUNICIPAL CORPORATIONS. Title II.PRIVATE CORPORATIONS. PART IVRESOLUTIONS.

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STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1901. Part I Public Laws. Title.....I.APPROPRIATIONS. Title.....II.TAXES. Title.....III.CODE AMENDMENTS. Title.....IV.SUPERIOR COURTS. Title.....V.MISCELLANEOUS.

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Title 1. APPROPRIATIONS. ACTS. For a new Union Passenger Station at Atlanta. For Confederate Soldiers' Home of Georgia. For Contingent Expenses and Pensions. For Georgia State Troops. For Georgia Monument at Chickamauga. NEW UNION PASSENGER STATION AT ATLANTA. No. 359. An Act to provide for the erection of a new Union Passenger Station by the State, as owner of the Western Atlantic Railroad, on the State's property in the city of Atlanta, and to appropriate money for the same; to negotiate for the sale of the present Union Passenger building; to provide for compensating persons whose property may be taken or damaged by reason of erecting said new station, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That a new Union Passenger Station shall, in the manner hereinafter provided, be erected on the State's property in the

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City of Atlanta, the same to be done under the supervision and control of the Governor now in office, and his successors, and a joint committee of the present General Assembly, and their successors, who are to be selected as provided in the next section of this Act. New Union Passenger Station Atlanta. Sec. 2. Be it further enacted by the authority aforesaid, That said joint committee shall consist of two members of the Senate, to be appointed by the President thereof, and four members of the House, to be appointed by the Speaker thereof; provided, that after the expiration of the terms of office of these committeemen as members of the present General Assembly their places shall be filled by like appointments, to be made in like manner, from the Senators and Representatives hereafter in office; but it shall and may be lawful for the President of the Senate or Speaker of the House to continue any one or more of said committeemen in the discharge of the duties hereby imposed whether re-elected to the General Assembly or not. The Governor shall act with said committee and their successors, and shall preside over all meetings, and shall have a vote upon all questions arising for determination. Each member of said committee, and each person hereafter appointed to act in his stead, shall receive for his services the per diem pay allowed by law to members of the General Assembly for each day he is actually engaged in doing the work required of him by this Act; provided, that no one shall receive more than five hundred dollars for services rendered in any one year; that the Governor shall not receive any compensation for his services in this behalf, and that the compensation herein provided for shall be paid out of the money hereinafter appropriated; provided further, that the pay of said committee shall be paid from the money appropriated for the purpose of building said new station. Any member of said joint committee, or his successor, shall for incompetency, inattention to duty or other misbehavior, be removed by the Governor. Every vacancy in said committee, or its successors, shall be filled by appointments which shall be made by the President of the Senate or Speaker of the House, respectively, whenever notified of the existence thereof. Committee to erect, how appointed. Sec. 3. Be it further enacted by the authority aforesaid, That it shall be unlawful for any member of said committee, or his successor, to be connected, either directly or indirectly, in any manner whatsoever, with any contract or part thereof for the erection of said passenger station, or for any work connected therewith, or for the furnishing of any supplies or material therefor, so as to receive any benefit therefrom, or the promise of any benefit therefrom, either by way of commissions, rebate, bonus, division of profits or otherwise, and any one of said committee who shall violate this

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provision of this Act shall be guilty of a felony, punishable by imprisonment in the penitentiary not less than one year nor more than ten years; and it is further provided that no person who is directly or indirectly interested in, employed by or connected with any of the railroads entering the City of Atlanta shall be eligible to appointment on said joint committee. Committeemen shall not become interested in any contract for work, supplies or material. Sec. 4. Be it further enacted by the authority aforesaid, That it shall be unlawful for any person employed by the Governor, and said committee, or their successors, in the supervision or superintendence of the building of said passenger station, or any work connected therewith, to be connected either directly or indirectly in any manner whatsoever with any contract or part thereof for the erection of said passenger station, or for any work connected therewith, or for the furnishing of any supplies or material therefor, so as to receive any benefit therefrom, or the promise of any benefit therefrom, either by way of commissions, rebate, bonus, division of profits or otherwise; and the Governor and said committee and their successors are hereby charged with the rigid enforcement of this provision of this Act. Any violation of the provision of this section shall subject the offender, on conviction, to punishment in the penitentiary for a term of not less than one year or more than ten years. No superintendent shall become interested in any contract. Sec. 5. Be it further enacted by the authority aforesaid, That within thirty days from the passage of this Act, the Governor and said joint committee shall proceed to enter into a contract with the companies owning or controlling the various railroads entering the present union station in the City of Atlanta with respect to the erection of a new Union Passenger Station upon the property of the State, in the City of Atlanta, lying between Whitehall street and Central avenue, subject to the following limitations, to wit: Contract with railroads for privileges. First. Said contract shall be so framed that the State shall look to the present lessee of the Western Atlantic Railroad, and to it alone, for the rental of the new station, and said lessee shall be bound to pay the same and adjust with the other companies the pro rata amount to be paid to it by each. Lessee of W. A. R. R. to pay rental. Second. The lease of the new Passenger Station shall not extend beyond the present lease of the Western Atlantic Railroad. Term of lease Third. The rental to be paid the State for the new Passenger Station shall be an amount not less than equal to six per cent. per annum upon the total cost of the station; and whatever amount, if any, that may be allowed by the Governor and said committee, or their successors, as damages to property owners, as provided under

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section fourteen (14) of this Act, shall be considered a part of and included in the total cost of said depot. Rental Fourth. The terms of the present contract of lease between the State of Georgia and the lessee of the Western Atlantic Railroad shall not in any way be disturbed, except as modified by the above named contract. And this modification shall be assented to by the lessee of the Western Atlantic Railroad Company, by proper corporate action, before bids for building the depot are advertised, and before any expenditure whatever is made, pursuant to the provisions of this Act, which assent shall be filed with the Governor, and form a part of the contract of lease of the Western Atlantic Railroad; provided, that said modification of said present lease contract shall not be construed as giving the lessee of the Western Atlantic Railroad any right or claim to any betterments or claims whatever. Lease of W. A. R. R. not changed. Sec. 6. Be it further enacted by the authority aforesaid, That the Governor and said committee shall, as soon as practicable after said contract has been made, proceed to select a plan for a suitable passenger station, said plan to be secured either by competitive contest or by the employment of a competent architect for that purpose, as they may deem best; provided, that no plan shall be adopted until, upon detailed and accurate specifications of the cost of labor, material and all other expenditures necessary for the erection of said passenger station, it shall be definitely ascertained that the entire cost of the same will in no event exceed the sum of five hundred thousand ($500,000.00) dollars, it being understood that it is the object of this Act to restrict the aggregate and entire cost of the passenger station to this sum, and the Governor and the said joint committee shall have this object in view, and all contracts awarded and plans accepted shall be awarded and accepted only after they shall be satisfied that the cost of the station, when completed, shall not exceed this amount. Plan of station and cost of same. Sec. 7. Be it further enacted by the authority aforesaid, That the said new passenger station shall be built of granite, rock, steel and iron so far as practicable, and that all of the materials used in the construction of said station shall be those found and procured within the State of Georgia, provided the same can be procured in said State as cheaply as like materials of like quality from other localities. Material to be used. Sec. 8. Be it further enacted by the authority aforesaid, That so soon as the plan for said passenger station shall be adopted, the Governor and said committee shall proceed to divide the cost of labor and expenditures for the erection of the same as follows:

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For the first year one hundred thousand ($100,000.00) dollars, and for each of the two succeeding years a sum not exceeding two hundred thousand ($200,000.00) dollars, so that the burden of the cost shall be divided into three portions, and the entire construction of said station shall be completed by the first day of July, 1905. Cost, when payable. Sec. 9. Be it further enacted by the authority aforesaid, That it shall be the duty of the Governor and said committee, and their successors, to cause said station to be erected, and to that end they may contract for the construction of the entire building by one contractor, who may undertake the whole work, or they may divide the work into appropriate classes and make separate contracts as to either of them as may be best for the interests of the State. The Governor and said committee, and their successors, shall so regulate the payments of money to contractors and material-men that for each payment made there shall have been material procured and labor performed for the construction of said station, which, under the said contracts, shall be equivalent to the payments so made; provided, that if any payment shall be made to contractors or material-men before the contract is completed, or all the material furnished, it shall be the duty of the Governor and said committee, and their successors, to reserve and keep back at least ten per cent. of the value of the labor done or material furnished, which amount shall not be paid until the contract is completed or all the material furnished. In all cases the Governor and said committee, or their successors, shall require of the said contractor or contractors, or material-men, good and sufficient bond, of undoubted solvency, payable to the Governor of the State, and his successors in office, conditioned for the faithful performance of said contract or contracts in the furnishing of sound and proper material, according to the requirements of the specifications in the construction of said building in a skillful and workmanlike manner, and within the time specified within said contract or contracts, and in addition thereto the Governor and said committee, or their successors, may employ a civil engineer, architect or practical builder of undoubted capacity and known integrity, at a reasonable and fair compensation, whose duty it shall be to closely inspect each and every portion of the material used in the construction of said building, and carefully supervise in every detail the proper construction of the same, so that by such constant and minute supervision and inspection the procurement of proper first class material, and the performance of the work of construction of said building in a skillful and workmanlike manner, shall be insured to the State. Said civil engineer, architect or practical builder shall give bond, payable to the Governor,

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and his successors in office, in a sum to be fixed by said committee, for the faithful discharge of all his duties under this Act, and in accordance with the contract entered into by him. Construction contracts, how let. Inspector of work and material. Sec. 10. Be it further enacted by the authority aforesaid, That the Governor and said committee, or their successors, shall, before letting any contract or contracts for the construction of said building, or furnishing material, advertise the same for sixty days in at least five public gazettes, one each in Atlanta, Macon, Savannah, Augusta and Columbus, in this State, and in one public gazette in each of the cities of New York, Baltimore, Chicago, St. Louis, Cincinnati and Louisville, and said contract or contracts shall be let to the lowest responsible bidder or bidders, who shall give good bond and security, as herein provided, to be judged of by the Governor and said committee, or their successors, under such terms, penalties and forfeitures as they shall deem right and proper to protect the interests of the State; provided, that they shall have power to reject any and all bids and advertise for further bids. Advertisement for bids. Bonds of contractors. Sec. 11. Be it further enacted by the authority aforesaid, That all disbursements of the fund herein provided for the purpose of building said passenger station shall be made by order of the Governor and said committee, or their successors, and the Governor shall draw his warrant upon said fund in the hands of the Treasurer in favor of said committee in such sums and at such times as they shall in writing, signed by them, signify to him shall be needed to make the payments in the manner prescribed by section eight of this Act; provided, the sums so paid shall not exceed the amount appropriated for each year. Disbursements, how made. Sec. 12. Be it further provided by the authority aforesaid, That it shall be the duty of the Governor and said committee, pending the construction of said building, to submit to the next General Assembly the plans adopted for the passenger station and all contracts made for the whole or any part of the work; provided, that the provisions for submitting the plans adopted for the passenger station building, and all contracts made for the work thereon, to the next General Assembly, shall not be construed to hinder or delay the progress of the work on said building in the meantime, and to each General Assembly at the regular session a detailed report of all actings and doings under the provisions of this Act, including an itemized and accurate statement of all moneys received and expended in pursuance of the same, to be accompanied by the receipts and vouchers for said expenditures, shall be made. The Governor and said committee, and their successors, shall keep a record of all their acts and of the proceedings at all meetings; provided, that

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said record shall be at all times open to inspection to any one desiring to inspect the same. Reports of committee to Legislature. Sec. 13. Be it further enacted by the authority aforesaid, That the sum of five hundred thousand ($500,000.00) dollars, or as much thereof as may be necessary, to be paid out of the one-half of the rental of the Western Atlantic Railroad not appropriated to the public schools of the State, be and the same is hereby appropriated for the building of said new Union Passenger Station; provided, that none of the funds arising from the one-half of the rental aforesaid shall be available for the purpose of this appropriation before the first day of January, 1903; and provided further, that the present general rate of taxation on the property and the specific taxes in this State shall not be enlarged or increased to make the appropriation herein provided for, it being the intention of this Act that the building herein contemplated shall be erected entirely out of the rental of the Western Atlantic Railroad, and out of the one-half of the rental which is not already appropriated for the support and maintenance of the public schools of this State. Appropriation, one-half rental of W. A. R. R. Sec. 14. Be it further enacted by the authority aforesaid, That the Governor and said committee, and their successors, shall have the authority, and they are hereby empowered to close Pryor street crossing to the passing of vehicles and to construct a subway for foot passengers. That in the event any private property is taken or damaged by reason of said closing, the Governor and said committee, and their successors, shall pay the owners thereof a sum sufficient to compensate them therefor; provided, that whatever amount should be allowed, if any, by the Governor and said committee, and their successors, as damages, the same shall be paid out of the total amount herein appropriated for the erection of said station. And provided further, that in the event the Governor and said committee, or their successors, should allow any amount to the owner of any property as damages, their decision shall be final, and there shall be no appeal thereform to any court or other tribunal whatsoever. And it is further provided that no member of said joint committee, while engaged in the duty of assessing damages (if there should be any claim or claims filed therefor) under this Act shall receive any per diem or any other remuneration therefor. Pryor street damages to property, how assessed and paid. Sec. 15. Be it further enacted by the authority aforesaid, That the Governor and said committee, and their successors, are hereby authorized and directed to sell or dispose of the present Union Passenger building belonging to the State, either at public or private sale, to the best advantage. Old station, sale of.

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Sec. 16. Be it further enacted by the authority aforesaid, That upon all questions arising before the Governor and said committee, or their successors, a majority shall decide. Majority of committee Sec. 17. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 17, 1901. CONFEDERATE SOLDIERS' HOME OF GEORGIA. No. 294. An Act to appropriate money for the rebuilding of the Confederate Soldiers' Home of Georgia, the maintenance, furnishing, equipping and re-establishment 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 the sum of nineteen thousand and five hundred dollars and any unexpended balance of the appropriation to said Home for the present year left on hand be, and the said sums are, hereby appropriated to be expended by the trustees thereof in the rebuilding of the Confedrate Soldiers' Home of Georgia, and the further sum of fifteen thousand dollars is also hereby appropriated for the year 1902, for the maintenance, furnishing, equipping, and re-establishment of said institution, and the payment of proper and just demands thereon. Confederate Soldiers' Home of Georgia. Appropriations to rebuild and maintain. Sec. 2. Be it further enacted, That the treasurer of said institution shall make quarterly applications for funds from the State treasury for the purpose set forth in section one of this Act, accompanying the same with an itemized account of his expenditures for the preceding quarter, with duplicate vouchers for the sum disbursed by him for said purpose, and the Governor shall draw his warrant for the sum required. eports of treasurer. Section 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 12, 1901.

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CONTINGENT EXPENSES AND PENSIONS. No. 340. An Act to appropriate money to supply deficiencies in the appropriations for contingent expenses of the State government, and for the payment of pensions to disabled Confederate soldiers and the widows of deceased Confederate soldiers for the year 1901, and to pay stenographer of the joint committee on Constitutional Amendment. Section 1. Be it enacted by the General Assembly of Georgia, That the sum of two thousand ($2,000.00) dollars be, and the same is, hereby appropriated to supply a deficiency in the appropriation for paying the contingent expenses of the State government for the year 1901, and the further sum of nineteen hundred ($1,900.00) dollars be, and the same is, hereby appropriated to supply a deficiency in the appropriation for the payment of pensions to disabled Confederate soldiers for the year 1901, and the further sum of three thousand seven hundred and eighty ($3,780.00) dollars be, and the same is, hereby appropriated to supply a deficiency in the appropriation for the payment of pensions to the widows of deceased Confederate soldiers for the year 1901, and the further sum of twenty-five dollars to pay the stenographer authorized to be employed by the joint committee on amendments to the Constitution. Appropriations to supply deficiencies. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 16, 1901. GEORGIA STATE TROOPS. No. 370. A bill to be entitled an Act to appropriate the sum of twenty thousand dollars for organizing, arming, equipping, clothing, drilling and training the Georgia State troops; for the purpose of encampments for said troops; for paying said troops when in actual service; for the purpose of paying the armory rents of said troops, and for the purpose of administration of the several military departments of the State, 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

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twenty thousand dollars ($20,000.00) be, and the same is, hereby appropriated for the purpose of organizing, arming, equipping, clothing, drilling and training the Georgia State troops; for the purpose of encampments for said troops; for paying said troops when in actual service; for the payment or armory rents for said troops, and for the purpose of administration of the military departments of the State, including necessary clerical assistance. Georgia State troops, appropriation for. Approved December 17, 1901. GEORGIA MONUMENT AT CHICKAMAUGA. No. 357. An Act to appropriate the sum of fifty dollars for the expense of correcting certain errors in the Georgia Monument on the battlefield of Chickamauga. Whereas, On one of the tablets on said monument the name of Theodore D. Caswell, a gallant officer of the Georgia troops, who was wounded on said battlefield and is now deceased, is misspelled Carswell; and Georgia monument at Chickamauga. Whereas, On the same tablet the words and figures 8th Georgia Regiment appear, when the same should be 8th Georgia Battalion. Therefore be it enacted: Section 1. That the sum of fifty dollars, or so much thereof as is necessary be, and the same is, hereby appropriated to the State Memorial Board, to be used in the removal of said erroneous tablet from said monument, and the placing in its stead of another tablet in which said errors are corrected. Appropriation for tablet. Sec. 2. That the Governor be, and he is, hereby authorized to draw his warrant in favor of the State Memorial Board for said sum of fifty dollars, to be paid out of any funds in the treasury not otherwise appropriated. Sec. 3. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealed. Approved December 17, 1901.

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TITLE II. TAXES. ACTS. Agents of Industrial Life Insurance Companies. Property of Transient Persons, how Taxed. AGENTS OF INDUSTRIAL LIFE INSURANCE COMPANIES. No. 424. An Act to amend the ninth paragraph of section 2 of the General Tax Act for 1901 and 1902, approved December 21, 1900, by adding a proviso to said paragraph, that the occupation tax on insurance agents shall not be required of agents of industrial life companies writing what is known as industrial life insurance, premiums on which are payable in weekly installments not exceeding $1.05 per week. Section 1. Be it enacted by the General Assembly of the State of Georgia, That the ninth paragraph of section 2 of the General Tax Act for 1901 and 1902, approved December 21, 1900, be, and the same is, amended by adding at the end of said paragraph the following proviso, to wit: Provided further, That this tax shall not be required of agents of industrial life insurance companies writing what is known as industrial life insurance, premiums on which are payable in weekly installments not exceeding $1.05 per week, so that said ninth paragraph, when so amended, shall read as follows, to wit: Upon every local insurance agent or firm of agents, or insurance 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

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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 agent 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 sense of this section; and this section shall not apply to railroad ticket agents selling accident insurance tickets, and that railroad ticket agents who sell accident insurance tickets shall not be required to pay the said tax; provided further, that this tax shall not be required of agents of industrial life insurance companies writing what is known as industrial life insurance, premiums on which are payable in weekly installments not exceeding $1.05 per week. Special tax on insurance agents. Provisos. 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. Repealing clause. Approved December 18, 1901. PROPERTY OF TRANSIENT PERSONS, HOW TAXED. No. 352. An Act to provide how the property of transient persons shall be taxed in this State, 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 whenever, at any time, during any year, any transient person shall temporarily locate in any county of this State for the purpose of selling or disposing of goods, guano, wares, merchandise, live stock, or any other article of value, it shall be the duty of the tax receiver, or, if his books have been made up for the year, then of the tax collector, to call on such person to make a return for taxation of all of his stock in trade at its face market value, and in case such person shall neglect to or refuse to return the same in twenty-four hours after such demand, it shall be the duty of such tax receiver, or tax collector, to assess and determine the same, and the taxes shall be computed

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thereon at the rate of assessment of the State and county, and if the county rate has not been fixed for the current year, then the county rate for the preceding year shall prevail. In case such person shows that such property has been returned and the taxes paid, then no further tax shall be assessed for such year. All persons or corporations who shall come into any county of this State after the date fixed by law for the return of property for taxation, and carry on the business indicated herein, shall be held and deemed transient persons. Transient persons, property of how taxed. Section 2. Be it further enacted by the authority aforesaid, That whenever any person subject under the foregoing section of this Act places himself in either of the positions wherein an attachment may be issued against him as provided by the Code, his tax on said property for the current year shall then become due, and the tax collector may issue an execution against him regardless of the date thereof. Execution against. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be, and they are, hereby repealed. Repealing clause. Approved December 17, 1901.

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TITLE III. CODE, AMENDMENTS OF. ACTS. Volume 1, Section 345Notice, contract for county work. Volume 1, Section 610Bridges and Ferries on County Lines, how kept up. Volume 1, Section 732Sales for municipal taxes. Volume 1, Section 932Tax Receiver's Bond. Volume 1, Section 982State Depository in Sylvania. Volume 1, Section 982State Depository in McRae. Volume 1, Section 982State Depository in Cornelia. Volume 1, Section 982State Depository in Fitzgerald, Volume 1, Section 982State Depository in Bainbridge. Volume 1, Section 982State Depository in Blue Ridge. Volume 1, Section 982State Depository in Mt. Vernon. Volume 1, Section 982Additional in Atlanta. Volume 1, Section 1653Pilots for port of Brunswick and Satilla river. Volume 1, Section 1655Pilotage of coastwise vessels. Volume 1, Section 1775Animals at large, damages for. Volume 2, Section 2061Insurance Companies on assessment plan. Volume 2, Section 2234Railroad Crossings, how guarded. Volume 2, Section 2248Railroad employees report of, of stock killed. Volume 2, Section 2573Lunacy Cases, jurors in. Volume 2, Section 3249Processioners, protest of owner to return of. Volume 2, Section 3509Administrators, dismissal of. Volume 2, Section 4082Justices of Peace, Compensation, how fixed. Volume 2, Section 4101Justices Courts, continuances in. Volume 2, Section 4340Superior Courts, terms of. Volume 2, Section 4719Garnishee, answer of, judgment. Volume 3, Section 813Jury Commissioners, removal of. Volume 3, Section 1255Inquests, when held. NOTICE CONTRACT FOR COUNTY WORK. No. 394. An Act to amend section 345 (493 b) of volume 1 of the Georgia Code of 1895, which relates to the notice to be given where contracts are made for building or repairing any courthouse, jail, bridge, causeway, or other public works, in any county in this State, by striking out the word eight in the fourth line of said section and substituting the word four in lieu thereof, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia,

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That section 345 (493 b) of the Georgia Code of 1895 shall be, and it is amended by striking out the word eight in the fourth line of said section and substituting the word four in lieu thereof, so that said section as amended shall read as follows: Section 345 (493 b). Whenever the contract is likely to cost a sum greater than five thousand dollars, the proper officer shall give notice in the public gazette wherein the sheriff's sales are advertised, once a week for four weeks, and by posting a written notice at the courthouse door for a like time, which notice and advertisement shall embrace such details and specifications as will enable the public to know the extent and character of the work to be done, and the terms and time of payment. Code, vol. I. sec. 345. County work, how advertised. When the work to be done is likely to amount to less than five thousand dollars, the notice shall be published once a week for four weeks, and by posting notice for the same period; and such officer shall make out and post conspicuously in his office complete and minute specifications of the proposed public work, which shall be open to the inspectiou of the public. County work, how advertised SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act shall be, and they are, hereby repealed. Repealing clause. Approved December 19, 1901. BRIDGES AND FERRIES ON COUNTY LINES, HOW KEPT UP. No. 371. An Act to amend section 610 of volume 1 of the Code of 1895 by providing for an equitable proportion of expense to fall on each of the counties connected by a bridge or ferry crossing the county line, and by providing for the selection of arbitrators to adjust differences, 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 610, volume 1, of the Code of 1895, be amended by adding between the words just and taking in the fifth line of said section, the words and equitable, and also by adding before the word taxable in the sixth line of said section the words use, convenience and travel over the same by the citizens of the respective counties as well as the, so that the said section when amended shall read as follows: When a bridge or ferry is necessary over any watercourse which divides one county or more counties from each other, each county must contribute equally towards

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the building and keeping the same in repair, or in such proportion as would be just and equitable, taking into consideration the use, convenience and travel over the same by the citizens of the respective counties as well as the taxable property of each, and the amount expended by each in construction of bridges and other passways. Code, vol, I. sec. 610. Bridges and ferries on county lines. building and repair of. SEC. II. Be it further enacted by the authority aforesaid, That the following words be added to said section, after the word passways, in the last line thereof, to wit: If the ordinaries or county commissioners, as the case may be, of said counties cannot agree upon the equitable proportion of expense to be assessed against each county, under the method hereinbefore prescribed, then, and in that case, the amount must be settled by arbitration. One arbitrator shall be selected from each of the counties connected by said bridge or ferry. The ordinary of each county, or the county commissioners as the case may be, shall name one arbitrator, and the third shall be selected by the two already selected, said third arbitrator to be selected from some adjoining county not connected by said bridge or ferry. If the two arbitrators selected, one from each county, as hereinbefore provided, shall not be able to agree upon a third person to act with them, then and in that case the said two arbitrators shall certify to the judge of the superior court of either of the two counties connected by said bridge or ferry, the fact of their inability to agree upon a third person to act as arbitrator, and thereupon the judge shall select a fit and proper person, and the three arbitrators thus selected shall settle and determine the equitable proportion of expense for building or repairing said bridge or ferry, which each county shall bear, and this settlement shall be final and conclusive. Any counties that have county line bridges to build or repair, where the cost does not exceed $2,000 (two thousand dollars) shall have authority to build such bridges or ferries themselves, or let them out by contract, as now provided under the existing law. Any county with a board of county commissioners can legally build or repair all bridges in said county with material furnished and labor employed by the county commissioners themselves, if so desired; provided, the cost shall not exceed the sum of $5,000 (five thousand dollars). Arbitration between counties. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 17, 1901.

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SALES FOR MUNICIPAL TAXES. No. 405. An Act to amend section 732, volume 1 of Code of Georgia of 1895, by adding at the end of said section as follows: provided such sale may be conducted and had before the door of council chamber, or the usual place of meeting of the authorities having control of said municipality; provided said sale may be conducted by the marshal of said municipality. 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 732 of volume 1 of Code of Georgia of 1895 be amended by adding at the end of said section the following words: Provided that such sale may be conducted and had before the door of the council chamber, or the usual place of meeting of the authorities having control of said municipality, provided the advertisement of such shall specify the place of sale in addition to the usual matters required in sales, so that said section when amended shall read as follows: The time, place and manner of the sale of property, both real and personal, for taxes due to municipal corporations in this State shall be the same as that provided by law for the sheriff sales for State and county taxes; provided such sale may be conducted and had before the door of the council chamber, or the usual place of meeting of the authorities having control of said municipality; provided said sale may be conducted by the marshal of said municipality. Code, vol. I. sec. 732. Municipal taxes, sales for. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Repealing clause. Approved December 18, 1901. TAX RECEIVER'S BOND. No. 342. An Act to amend section 932 of volume 1 of the Code of 1895 by fixing a maximum bond for tax receivers in this State, 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 from and after

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the passage of this Act, section 932 of volume 1 of the Code of 1895 be, and the same is, hereby amended, by inserting after the word bond and before the word the, in the seventeenth line thereof, the following: Provided, however, that no tax receiver shall be required to give a bond exceeding the sum of ten thousand ($10,000.00) dollars, so that said section when so amended shall read as follows, to-wit: Section 932 (918). Receiver's Oath and Bond. Such receiver, whether elected or appointed, before entering on the duties of his office, besides the oath required of all civil officers, must take and subscribe the following oath: I swear that I will truly and faithfully perform the duties of receiver of returns of taxable property, or of persons or things specially taxed in the county to which I am appointed, as required of me by the laws, and will not receive any return but on oath or affirmation, and will, before receiving returns, carefully examine each, and will, to the best of my ability, carry out all the requirements made upon me by the tax law, so help me God. He shall also at the same time give bond and security in a sum equal to one-forth of the amount of the State tax supposed to be due from the county for the year in which he shall give bond; provided, however, that no tax receiver shall be required to give a bond exceeding the sum of ten thousand ($10,000.00) dollars; the amount of said bond to be filled by the Comptroller-General before being sent out to the several counties from the executive office. Code, vol. I. sec. 932. Tax Receiver's oath and bond. SEC. II. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 16, 1901. STATE DEPOSITORY IN SYLVANIA. No. 295. An Act to amend section 982 of the Code of Georgia of 1895, providing for the selection by the Governor of banks in certain cities therein named as State depositories, and the several acts of the General Assembly of the State of Georgia amendatory thereof, so as to add the city of Sylvania, in Screven county, Georgia, to the list of such. 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 982 of the Code of Georgia of 1895, providing

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for the selection by the Governor of banks in certain cities therein named as State depositories, and the several Acts of the General Assembly of Georgia amendatory thereof, be, and the same are, hereby amended so as to add the city of Sylvania, in Screven county, Georgia, to the list of such cities. Code, vol. I. sec. 982. Sylvania. bank in State depository 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. Repealing clause. Approved December 13, 1901. STATE DEPOSITORY IN McRAE. No. 344. 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 town of McRae, in Teliair county, Georgia, to the list of said towns, and by adding after the word city and before the word to, in the third line thereof, the words and towns, 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 982 of volume 1 of the Code 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 town of McRae, in Telfair county, Georgia, to the list of such cities and towns: That said section be, and is hereby further amended by adding after the word cities and before the word to, in the third line thereof, the words and towns, so that said section when so amended shall read as follows: The Governor shall name and appoint a solvent chartered bank of good standing and credit in each of the following cities and towns, to-wit: In the cities of Atlanta, Athens, Augusta, Columbus, Macon, Savannah, Rome, Americus, Albany, Hawkinsville, Gainesville, Griffin, LaGrange, Thomasville, Newnan, Cartersville, Dalton, Valdosta, Milledgeville, Darien, Dawson, Cordele, Marietta, Richmond, Millen, Warrenton, Carrollton, Elberton, Monticello, Fort Gaines, Cedartown, Jackson, Harmony Grove, Thomaston, Covington, Blackshear, Waycross, Brunswick,

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Forsyth, Jefferson, Washington, Quitman and Greenville, which shall be known and designated as State depositories. Code, vol. I. sec. 982. McRae, town of. State depository in 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. Repealing clause. Approved December 16, 1901. STATE DEPOSITORY IN CORNELIA. No. 351. 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 on amendatory thereof, so as to add the city of Cornelia, in the county of Habersham, in this State, to the list of such cities wherein banks may be so designated as State Depositories, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 982 of volume 1 of the Code of Georgia of 1895, and the several acts of the General Assembly amendatory thereof, providing for the selection by the Governor of banks in certain cities therein named as State depositories, be, and the same are, hereby amended so as to add to the list of cities and towns wherein banks may be designated as such depositories the city of Cornelia, in the county of Habersham, so that said section when amended shall read as follows: 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, LaGrauge, Thomasville, Newnan, Cartersville, Dalton, Valdosta, Milledgeville, Darien, Dawson, Cordele, Marietta, Richalnd, Millen, Warrenton, Carrollton, Elberton, Monticello, Fort Gaines, Cedartown, Jackson, Harmony Grove, Thomaston, Cavington, Blackshear, Waycross, Brunswick, Forsyth, Jefferson, Washington, Quitman, Greenville, Dublin, Madison, Tennille and Cornelia. Code, vol. I. sec. 982. Cornelia, State depository in 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. Repealing clause. Approved December 17, 1901.

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STATE DEPOSITORY IN FITZGERALD. No. 316. An Act to amend section 982 of the Code of Georgia of 1895, providing for the selection by the Governor of banks in certain cities therein named as State depositories, and the several Acts of the General Assembly of the State of Georgia amendatory thereof, so as to add the city of Fitzgerald, in the county of Irwin, Georgia, to the list of said cities. Section 1. Be it enacted by the General Assembly of Georgia, That section 982 of the Code of Georgia of 1895, providing for the selection by the Governor of banks in certain cities therein named as State depositories, and the several Acts of the General Assembly of Georgia amendatory thereof be, and the same are, hereby so amended as to add the city of Fitzgerald, in the county of Irwin, State of Georgia, to the list of such cities. Code, vol. I. sec. 982. Fitzgerald, State depository in. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 14, 1901. STATE DEPOSITORY IN BAINBRIDGE. No. 257. 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 Bainbridge, in Decatur 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 Bainbridge, in Decatur county Georgia, to the list of such cities. Code, vol I. sec. 982. Bainbridge. State depository in

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Section 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 3, 1901. STATE DEPOSITORY IN BLUE RIDGE. No. 228. 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 Blue Ridge, in Fannin county, Georgia, to the list of such cities. 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 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 Blue Ridge, in Fannin county, Georgia, to the list of such cities. Code, vol. I. sec. 982. Blue Ridge, State depository in 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. Repealing clause. Approved November 26, 1901. STATE DEPOSITORY IN MT. VERNON. No. 232. An Act to amend section 982 of the Code of Georgia of 1895, providing for the selection by the Governor of banks in certain cities therein named as State depositories, and the several Acts of the General Assembly of the State of Georgia amendatory thereof, so as to add the city of Mt. Vernon, in Montgomery county, Georgia, to the list of such cities. Section 1. Be it enacted by the General Assembly of Georgia, That section 982 of the Code of Georgia of 1895, providing for

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the selection by the Governor of banks in certain cities therein named as State depositories, and the several Acts of the General Assembly of Georgia amendatory thereof be, and the same are, hereby so amended as to add the city of Mt. Vernon, in Montgomery county, Georgia, to the list of such cities. Code, vol. I. sec. 982. Mt. Vernon, State depository in. 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, repealed. Repealing clause. Approved November 26, 1901. ADDITIONAL STATE DEPOSITORY IN ATLANTA. No. 393. An Act to authorize the Governor to appoint an additional State depository in the city of Atlanta, 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 whenever the Governor, from the excess in the State depository heretofore existing in the city of Atlanta, or from the amount of cash on hand in the treasury, may deem it to the best interest of the State, he is hereby authorized to name and appoint a solvent chartered bank of good standing and credit as an additional depository in the city of Atlanta, subject to the terms and conditions of section 982 to 995, both inclusive, of volume 1 of the Code, and the Acts amendatory thereof; provided, that no deposits shall be made with this additional depository so long as the first depository in the city of Atlanta has on hand belonging to the State an amount less than the maximum which the law allows. Code, vol. I. secs. 982 to 995. Atlanta, an additional State depository in Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 12, 1901.

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PILOTS FOR PORT OF BRUNSWICK AND SATILLA RIVER. No. 289. An Act to amend section 1653 of volume 1 of the Code of 1895 (as amended by Act approved December 19, 1896), which provides for the licensing of pilots for the ports of this State, etc., so as to prescribe the number of pilots for the port of Brunswick and for Great Satilla river, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That said section 1653 be amended by striking the word fifteen in the eleventh line thereof and by inserting in lieu thereof the word twelve, and by striking the word four in the eleventh line thereof and inserting in lieu thereof the word two, so that when so amended said section will read as follows: Code, vol. I. sec. 1653 Section 1653. Licensing of pilots. The commissioners of pilotage at each of the ports of this State are empowered to license such persons (being citizens of the United States) of good character as they shall think most fit to act as pilots, for the purpose of conducting vessels inward to and outward from the several ports and rivers for which they shall be licensed during their good behavior. Pilots already licensed for any of said ports or rivers shall continue to act until removed for cause. No additions shall be made to the present number of licensed pilots until the number shall not exceed twenty for the port of Savannah, ten for the port of Doboy and Darien, twelve for the port of Brunswick, two for the Great Satilla River, and four for the port of St. Mary's; and thereafter, when vacancies occur in the number of pilots in any one of the beforenamed ports or rivers, the commissioners of that port may, in their discretion, grant licenses as pilots as hereinbefore provided, until the number of pilots reaches the number allowed by this section for that port or river. This section shall not prevent the commissioners of any one of the before-named ports from, in their discretion, granting licenses to such apprentices as were apprentices December 1, 1886, when any one of such apprentices has fulfilled the requirements of the laws of the State of Georgia and the rules and regulations established by the commissioners of the said port. No person, other than a duly licensed pilot, shall be entitled to receive any fee, gratuity, or reward for conducting or piloting any vessel inward to or outward from any of the ports, rivers or harbors for which a pilot shall be licensed. If any person, having no

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authority or license to act as pilot, or who, having had any authority, has had it suspended or revoked by the commissioners, shall, while his license is suspended, pilot or conduct any vessel inward to and outward from any of the ports, rivers, or harbors of this State, or if any person interferes with or disturbs a licensed pilot in the way of his duty, such person may, on conviction, be fined and imprisoned at the discretion of any court having jurisdiction; but any person may assist a vessel in distress without any pilot on board, if such person shall deliver up the vessel to the first pilot who comes on board and offers to conduct it, but the vessel must fly the signal for a pilot until one has been received or his services tendered. Pilots for Georgia ports and rivers, number and license. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed and annulled. Repealing clause. Approved December 12, 1901. PILOTAGE OF COASTWISE VESSELS. No. 290. An Act to amend section 1655 of part first of the Code of 1895, in relation to the pilotage laws, so as to provide that coastwise vessels shall be exempt from all pilotage fees, unless the pilotage services are tendered outside the bar, and that coastwise vessels changing ports of this State shall not pay more than inward pilotage at the port of entry and outward pilotage from the port from which they finally go to sea, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That said section 1655 be amended by striking the words vessels from the payment of pilotage fees, either inward or outward, unless services are tendered outside the bar, and exempt from the payment of outward pilotage fees, coastwise vessels changing ports by inside routes, either in changing ports or going to sea, after having changed ports by inside routes, unless a pilot is actually employed, beginning in the thirteenth line and to the words they shall in the eighteenth line of said section, and by inserting in lieu thereof the following: Coastwise vessels from the payment of pilotage fees, both inward and outward, unless pilotage services are tendered outside the bar, and they shall provide that coastwise vessels changing ports of this

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State shall not pay more than inward pilotage at the first port of entry of this State, and outward pilotage from the last port from which they finally go to sea but, so that when so amended said section will read as follows: Section 1655Rules, Regulations and Fees.The commissioners shall have power, and it is their duty, to prescribe rules and regulations for the government of pilots, and to prescribe the fees for their services, and they may also impose such penalties not inconsistent with this law for neglect of duty, or for a violation of the orders or of the rules and regulations of the commissioners, as they may think proper. They shall, from time to time hereafter, whenever necessary, revise and grade the existing pilotage fees, both inward and outward, on vessels drawing seventeen feet, or less, when loaded, so that said fees shall not exceed the average of the fees charged at the ports of Norfolk, Wilmington, Charleston, Port Royal or Beaufort, Fernandina, Pensacola, Apalachicola, Mobile, and New Orleans. They shall exempt coastwise vessels from the payment of pilotage fees, both inward and outward, unless pilotage services are tendered outside the bar, and they shall provide that coastwise vessels changing ports of this State shall not pay more than inward pilotage at the first port of entry of this State, and outward pilotage from the last port from which they finally go to sea, but they shall allow vessels running coastwise under the United States license to pay, after paying the inward pilotage for that trip, an annual license fee of twenty-five cents per registered ton, which shall belong to the pilot entitled to the inward pilotage fee, and the payment of said license fee shall exempt at that port said vessel for twelve months thereafter from compulsory employment of a pilot, either inward or outward, or payment therefor unless services of a pilot are accepted; licenses shall be granted only after they are paid the inward pilotage for that trip if service has been tendered outside the bar; and any vessel, while in a port for which she has had a license may, within ninety days after the expiration of said license, make application for and on payment of the license fee, shall receive a new license for twelve months from the date of the expiration of the old license. They shall allow half the regular pilotage fees to be collected from all vessels, except those exempt by laws of the United States, or licensed as provided for in this chapter, calling at the bar of any of the before-named ports or rivers in ballast, seeking for orders if they do not load but leave in ballast, and allow half the regular pilotage fees, both inward and outward, on all vessels returning to the port at which they loaded, before completing the voyage, from stress of

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weather, or from being damaged or disabled; but vessels subject to go into quarantine shall pay full pilotage fees inward and outward. Code. vol. I. sec. 1655. Pilotage of coastwise vessels. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed and annulled. Repealing clause. Approved December 12, 1901. ANIMALS AT LARGE, DAMAGES FOR. No. 271. An Act to add an additional clause to section 1775, volume 1, of the Code of 1895. Section 1. It is hereby enacted by the General Assembly of the State of Georgia, That the following clause be added at the end of section 1775, volume 1, of the Code of 1895, namely: Code, vol. I. sec. 1775. And if for any reason said animals, while going at large, cannot be capture or impounded, the person whose premises or whose property of any kind is damaged by them, may proceed before a justice of the peace against the owner or claimant of said animals, for the purpose of collecting his damages, in the same manner and to the same extent as is herein provided in the case of disagreement as to damages committed by animals that have been impounded. Animals at large, damages by, how collected. Sec. 2. It is further enacted by authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 7, 1901. INSURANCE COMPANIES ON ASSESSMENT PLAN, REQUIREMENTS FOR. No. 407. An Act to amend an Act entitled 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 requirement that a deposit shall be made as security for policy holders, approved December 20, 1900, by providing more definitely for the amount of said deposit. 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

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from and after the passage of this Act the following words in said Act, to wit: 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 deposit shall not be less than five thousand dollars, wherever they occur be, and the same are, hereby stricken, and in lien thereof the following words, to wit: Equal to twenty thousand dollars, market value, be, and the same are, hereby inserted, so that said Act and said section 2061 of the Code 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 incorporation, 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 officers 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 officers 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, that all such corporations or associations, organized under the laws of this or any other State or country, shall deposit with the treasurer of this State stock or bonds approved by that officer in an amount equal to

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twenty thousand dollars, market value; 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 policyholders of such corporation or association, their legal representatives and beneficiaries. That corporations or associations organized under the laws of other States or countries 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 country 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 policyholders 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 deposit has been made with the proper State officials in the State or country of its corporation. Said securities shall be subject to the debts due policyholders 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. Companies or associations now organized under the assessment life insurance laws of this State shall not be required to make such deposits

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for and during the year 1901; but said companies may make such deposit during said year, if they so elect. Code, vol. II. sec. 2061 Insurance companies on assessment plan, requirements for. Sec. 2. Be it further enacted by the authority aforesaid, That this amending Act shall not apply to companies or associations now organized under the assessment life insurance laws of this or any other State, until after December 31, 1902, any company or association may, from time to time, deposit more than the sums herein required, should it so elect. 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. [Illegible Text] clause. Approved December 18, 1901. RAILROAD CROSSINGS, HOW GUARDED. No. 429. An Act to amend section 2234 of the Code of Georgia relating to the stopping of trains at railroad crossings. 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 2234 of the Code of Georgia of 1895, requiring trains to stop at railroad crossings be, and the same is hereby amended by adding at the end of said section the following proviso: Provided, that whenever either, or any of the railroads whose tracks shall cross in the manner herein contemplated shall place at such crossing or crossings modern automatic inter-locking and derailing switches, and shall establish and maintain at such crossings signal towers, in which an operator shall continually be present, it shall not be necessary for trains to stop at such crossings; and the provisions of this section shall not apply to trains crossing other tracks guarded in the manner herein provided, but all trains approaching crossings so guarded shall be under such control that they may be stopped on signal; so that when amended said section of the Code shall read as follows: Whenever the tracks of separate and independent railroads cross each other in this State, all engine drivers and conductors must cause the trains which they respectively drive and conduct to come to a full stop within fifty feet of the place of crossing, and then to move forward slowly. The trains of the road first constructed and put in operation shall have the privilege of crossing first; provided, that whenever either or any of the railroads whose tracks shall cross in the manner herein contemplated shall

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place at such crossing or crossings modern automatic inter-locking and derailing switches, and shall establish and maintain at such crossings signal towers in which an operator shall continually be present, it shall not be necessary for trains to stop at such crossings; and the provisions of this Act shall not apply to trains crossing other tracks guarded in the manner herein provided; but all trains approaching crossings so guarded shall be under such control that they may be stopped on signal. Code, vol. II sec. 2231 Railroad crossings, how guarded. Sec. 2. This Act shall take effect immediately upon its approval, and all laws and parts of laws in conflict with it are hereby repealed. Repealing clause. Approved Dec. 18, 1901. RAILROAD EMPLOYEES, REPORTS OF, OF STOCK KILLED. No. 423. An Act to amend section 2248 of the Civil Code of 1895 by inserting between the word agents and the letter a, in the third line of said section, the following words, to wit: nearest the place where the stock were killed. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, section 2248 of the Civil Code of 1895 be, and the same is, hereby amended by inserting between the word agents and the letter a, in the third line of said section the following words, to wit: nearest the place where the stock were killed, so that said section when amended shall read as follows: All overseers or track menders on the different railroads in this State shall file weekly with the station agent nearest where the stock were killed within their respective sections, if any; if not, then to the nearest agent where said stock was killed, a list of the different marks and brands of the stock killed upon their respective sections the preceding week, so as to be compelled to identify in their weekly report on what part of their section such stock was or may have been killed by some designated place on said section. Code, vol. 2, sec. 2248 Railroad employes, reports of, of stock killed. Section 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 18, 1901.

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LUNACY CASES, JURORS IN. No. 221. An Act to amend section 2573 of volume 2 of the Code of 1895, so as to make the legal number of jurors in all lunacy cases six, one of whom shall be a physician; provided, twelve jurors are not demanded by the party being tried, or by some one of his relatives or friends, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That section 2573 of volume 2 of the Code of Georgia of 1895 be, and the same is, hereby amended by adding after the word sought, and before the word and in the eleventh line of said section, the following words, to wit: Provided that in all lunacy cases the legal number of jurors shall be six, one of whom shall be a physician, unless twelve are demanded by the party being tried, or by some one of his relatives or friends, so that said section when amended shall read as follows, to wit: Upon the petition of any person, on oath, setting forth that another is liable to have a guardian appointed (or is subject to be committed to the lunatic asylum of this State), the ordinary, upon proof that ten days' notice of such application has been given to the three nearest adult relatives of such person, or that there is no such relative within this State, shall issue a commission directed to any eighteen discreet and proper persons, one of whom shall be a physician, requiring any twelve of them, including the physician, to examine by inspection the person for whom guardianship (or commitment to the asylum) is sought, provided that in all lunacy cases the legal number of jurors shall be six, one of whom shall be a physician, unless twelve are demanded by the party being tried, or by some one of his relatives or friends, and to hear and examine witnesses on oath, if necessary, as to his condition and capacity to manage his estate, and to make return of such examination and inquiry to the said ordinary, specifying in such return under which such classes they find said person to come. Such commission shall be sworn by any officer of this State authorized by the laws of this State to administer an oath well and truly to execute said commission to the best of their skill and ability, which oath shall be returned with their verdict. Code, vol. 2, sec. 2572. Lunacy cases. Jurors in. 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. Repealing [Illegible Text]. Approved November 21, 1901.

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PROCESSIONERS, PROTEST OF OWNER, TO RETURNS OF. No. 378. An Act to amend section 3249 of the Code of 1895 by striking out the words processioners within thirty days after such lines are run and marked in the fourth and fifth lines of said section, and by substituting in lieu thereof the following words, to wit: Ordinary within thirty days after the processioners have filed their returns; also by striking out the word processioners in the sixth and seventh lines of said section and by substituting in lieu thereof the word ordinary. Also by adding to said section, and after the last word thereof, the following proviso: Provided it shall not be necessary to run any lines between adjoining land-owners, except the lines in dispute. 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 3249 of the Code of 1895 be, and the same is hereby amended by striking out the words processioners within thirty days after such lines are run and marked in the fourth and fifth lines of said section, and by substituting in lieu thereof the following words, to wit: ordinary within thirty days after the processioners have filed their returns. Also by striking out the word processioner in the sixth and seventh lines of said section, and by substituting in lieu thereof the word ordinary, so that said section when amended shall read as follows, to wit: Code, vol. 2, sec. 3249. Any owner of adjoining lands who may be dissatisfied with the lines as run and marked by the processioners and surveyor may file his protest thereto with the ordinary within thirty days after the processioners have filed their returns specifying therein the lines objected to and the true lines as claimed by him. And it shall be the duty of the ordinary to return all the papers, including the plat made by the surveyor, with said protest to the clerk of the superior court of the county or counties where the disputed land lies (copies being sent to the adjoining counties), and it shall be the duty of the clerk to enter the same on the issue docket as other causes, to be tried in the same manner and under the same rules as other cases. The verdict of the jury and the judgment of the court shall be framed to meet the issue tried and decided; provided, it shall not be necessary to run any lines between adjoining landowners except the lines in dispute. Processioners, protest of owner, to return of.

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Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 17, 1901. ADMINISTRATORS, DISMISSION OF. No. 421. An Act to amend section 3509, volume 2, of the Code of 1895, so as to shorten the time for the publication of citation for dismission of administrators, 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 volume 2 of the Code 1895 of Georgia, section 3509, be amended by striking out at the end of said section the words three months, and inserting in lieu thereof the words once a week for four weeks, so that said section when so amended shall read as follows: Code, vol. 2, sec 3509. An administrator who has fully discharged all his duties may petition the ordinary to pass an order discharging him from his trust; upon such a petition a citation shall issue requiring all persons concerned to show cause against the granting of the discharge. Such citation shall be published in the gazette once a week for four weeks. Administrator, discharge of. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 18, 1901. JUSTICES OF PEACE, COMPENSATION OF, HOW FIXED. No. 201. An Act to amend an Act entitled an Act to amend subsection 11 of section 4082 of volume 2 of the Code of 1895, which provides compensation for justices of the peace for services therein mentioned, and for other purposes, approved December 19, 1899, by allowing the county commissioners or ordinary to fix said compensation. Section 1. Be it enacted by the General Assembly of Georgia, That subsection 11 of section 4082 of volume 2 of the Code of 1895 as amended by Acts of 1899 be, and the same is, hereby

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amended by adding the following thereto: Provided, however, that the county commissioners of any county, and in case any county should have no county commissioners, then the ordinary of such county shall have the power to fix a different compensation for the above mentioned officer in their respective counties; provided, however, that in no event shall such compensation be greater than three cents for each name returned, so that subsection when amended will read as follows: Code vol. 2, sec. 4082. To make a list of names of all persons liable to tax on property or poll in their respective districts, and return the same to the receiver of tax returns at his second round to receive tax returns in their respective districts in each year, and they shall receive as compensation for such services such compensation as may be allowed by the county commissioners of each county, or the ordinary thereof where there are no commissioners, in no event to exceed three cents per name returned, the same to be paid out of the county funds; provided further, that the commissioners of roads and revenues or ordinaries of their respective counties shall refuse to pay any compensation for such services if they see proper. Justices of peace, compensation of, for returns to tax receivers. Sec. 2. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Nov. 15, 1901. JUSTICES COURTS, CONTINUANCES IN. No. 208. An Act to amend section 4101, volume 2, of the Code 1895 of this State by adding thereto the words as follows: except when in the discretion of the court it is better to continue to a day or from day to day in the term for which the case was assigned for trial, 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 4101, volume 2, of the Code of 1895 of this State be, and the same is, hereby amended by adding thereto the words as follows: except when in the discretion of the court it is better to continue to a day or from day to day in the term for which the case was assigned for trial, so that when said section is thus amended it shall read as follows: Justices of the peace and notaries public who are ex-officio

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justices of the peace shall hold their respective courts monthly at fixed times and places, and when from any reason the business of such courts cannot be disposed of in one day, such courts may hold from day to day, or to such time as may be agreed upon by the parties, with the consent of the court, until the business is disposed of. All continuances shall be from term to term, except when in the discretion of the court it is better to continue to a day or from day to day in the term for which the case was assigned for trial. Code, vol. 2, sec. 4101. Justices courts, continuances in. Section 2. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Nov. 23, 1901. SUPERIOR COURTS, TERMS OF. No. 435. An Act to amend section 4340 of the Code of Georgia of 1895, so as to remove the restriction of holding only two terms of the superior court in the several counties of the State, and for other purposes. Section 1. Be it enacted by the General Assembly, That section 4340 of the Code of 1895 is hereby amended by inserting in line two thereof, after the word circuits, the words not less than, so that said section when amended shall read as follows: Code, vol. 2, sec. 4340. The superior court shall be held in each county in their respective judicial circuits not less than twice in every year, by one or more of the judges of the superior court, at the several times prescribed by law. Superior courts, terms of. Sec. 2. Be it likewise enacted, That all laws in conflict with this Act are hereby repealed. Repealing ause. Approved Dec. 19, 1901.

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GARNISHEE, ANSWER OF, JUDGMENT. No. 425. An Act to amend section 4719 of the Code of 1895, volume 2, so as to provide that in case the garnishee fails or refuses to file the answer therein prescribed, judgment by default may be entered up and enforced against him, and after such judgment has been entered up, judgment may be entered up against the defendant, and the sureties on the bond given to dissolve the garnishment, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That section 4719 of the Code of 1895, volume 2, which provides that garnishees shall answer in cases where the garnishments have been dissolved by the defendants, be amended by adding the following words: and in case the garnishee fails or refuses to file the answer provided for in the foregoing paragraph of this section, judgment by default may be entered against him for such an amount as may have been obtained by judgment against the defendant, which judgment may be enforced against the garnishee notwithstanding a bond to dissolve the garnishment may have been filed by the defendant; and upon such judgment being entered, judgment may be had for the amount thereof against the defendant and the sureties on the bond given to dissolve the garnishment. Code, vol. 2, sec. 4719. Garnishee, in default, judgment against. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 18, 1901. JURY COMMISSIONERS, REMOVAL OF. No. 379. An Act to amend section 813 of the Penal Code of 1895 by adding thereto certain words authorizing the judges of the superior courts to remove jury commissioners, and for other purposes. Section 1. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That section 813 of the Penal Code of 1895 be, and the same is, hereby

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amended by adding to said section the following words, to wit: Said judge shall have the right, however, to remove said jury commissioners at any time in his discretion for cause, and at once appoint a successor, or successors, so that said section when so amended shall read as follows: Code, vol. 3, sec. 813. There shall be a board of jury commissioners, composed of six discreet persons, who are not practicing attorneys at law, nor county officers, who shall hold their appointment for six years, and who shall be appointed by the judge of the superior court. On the first appointment two shall be appointed for two years, two for four years, and two for six years, and their successors shall be appointed for six years. Said judge shall have the right, however, to remove said jury commissioners at any time in his discretion for cause, and at once appoint successor or successors. Jury commissioners, removal of. Sec. 2. Be it further enacted, That all laws in conflict with this Act be, and they are, hereby repealed. Repealing clause. Approved Dec. 17, 1901. INQUESTS, WHEN HELD. No. 420. An Act to amend section 1255 of volume 3 of the Code of 1895 by adding after the word death in the fourth line of said section the following words, to wit: And such death occurs under suspicious circumstances. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That section 1255 of volume 3 of the Code of 1895 be amended by adding after the word death in the fourth line of said section the following words, to wit: And such death occurs under suspicious circumstances, so that said section when amended will read as follows: Code, vol. III. sec 1255. Coroners shall take inquest over dead bodies in their respective counties as follows: First, of all violent, sudden or casual deaths, when there are no eye-witnesses to the killing or cause of the death, and such death occurs under suspicious circumstances. Second, of all sudden deaths in prison without an attending physician. Third, of all dead bodies found, whether of persons known or unknown, when it is apparent from the body that violence caused the death, or when the person died or disappeared under suspicious circumstances. Fourth, whenever ordered by a court having criminal

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jurisdiction; and it shall be the duty of said court whenever an affidavit is made and filed with the court that a dead body is found, and that the person came to his death by violence or foul play, to interrogate and examine other witnesses, if any, as to the necessity for an inquest, and should the court then decide that an inquest is essential to the ends of justice, an inquest shall be ordered. Inquests when held. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act, be, and the same are hereby repealed. Repealing clause. Approved Dec. 18, 1901.

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TITLE IV. SUPERIOR COURTS. ACTS. Superior Courts, Terms of, in Oconee Circuit. Superior Courts, Terms of, in Stone Mountain Circuit. Superior Courts, Fall Term in Cherokee County and terms of, in Franklin and Banks counties. Superior Courts, Terms of, in Union county. SUPERIOR COURTS, TERMS OF, IN OCONEE CIRCUIT. No. 251. 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 I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the first day of January, 1902, the superior courts of the Oconee Circuit shall be held as follows: Superior, courts, terms of, in Oconee circuit. For the county of Pulaski, on the second and third Mondays in February and August. For the county of Irwin, on the first and second Mondays in March and September. For the county of Wilcox, on the third and fourth Mondays in March and September. For the county of Twiggs, on the first Mondays in April and October. For the county of Telfair, on the second and third Mondays in April and October. For the county of Montgomery, fourth Mondays in April and October, and the weeks following respectively. For the county of Dodge, on the second and third Mondays in May and November.

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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. II. Be it further enacted by the authority aforesaid, That during the next term of Wilcox 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. Wilcox superior court, traverse jury for. SEC. III. 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. Petitions, etc., how returnable. 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. Repealing clause. Approved November 27, 1901. SUPERIOR COURTS, TERMS OF, IN STONE MOUNTAIN CIRCUIT. No. 253. An Act for the rearranging and fixing of the time for holding the sessions of the superior courts of the various counties of the Stone Mountain Circuit, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the first day of January, 1902, the superior courts of the following counties now comprising the Stone Mountain Circuit shall be held as follows: Superior courts, terms of in Stone Mt. circuit. Campbell superior court on the first and second Mondays of February and August of each year.

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Clayton superior court on the fourth Mondays in February and August of each year. DeKalb superior court on the first and second Mondays of March and September of each year. Newton superior court on the third Mondays of March and September of each year. Rockdale superior court on the first Mondays of April and October of each year. SEC. II. Be it further enacted, That all writs and processes, orders, summons, or other proceedings returnable to said courts prior to the passage of this Act shall be held and shall be returnable to the terms herein fixed and prescribed. Writs, etc. how returned. 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. Repealing clause. Approved November 27, 1901. SUPERIOR COURTS, TERMS OF, IN BANKS, CHEROKEE AND FRANKLIN COUNTIES. No. 381. An Act to change and fix the time of holding the terms of the superior courts of Franklin and Banks counties in the Western Circuit and the fall term of the superior court of Cherokee county in the Blue Ridge Circuit, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the time of holding the fall term of the superior court of Cherokee county, in the Blue Ridge Judicial Circuit, shall be changed from the second and third Mondays in September of each year to the first and second Mondays in August of each year. That the time of holding the superior court of Franklin county be changed from the fourth Monday in March and September to the Tuesday after the fourth Monday in March and September in each year, and that the time of holding the superior court of Banks county be changed from the third Monday in March and September to the Tuesday after the third Monday in March and September in each year. Superior courts, terms of, in Banks, Cherokee and Franklin counties. SEC. II. Be it further enacted by authority aforesaid, That all petitions, bills, bonds, writs, summons, mesne and final process

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and other processes of whatever kind now returnable to and pending in the superior court of the counties aforesaid as now provided for, shall hold good and relate to the term of said court as changed, fixed and provided for by this Act. Writs, etc., how returned. SEC. III. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 17, 1901. SUPERIOR COURTS, TERMS OF, IN UNION COUNTY No. 230. An Act to change the time of holding the superior court of Union county, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the time of holding Union superior court shall be changed from the first Mondays in April and October to the third Mondays in March and September of each year. Superior court, terms of, in Union county. SEC. II. Be it further enacted, That all writs and processes, orders, summons, subp[oelig]nas, bail bonds, and all processes and proceedings of all kinds returnable to said court, prior to the passage of this Act, shall be held and considered as returnable to the terms as herein fixed and prescribed, and that all grand and traverse jurors, who may be drawn and summoned to attend the said courts as now provided by law, shall be required to attend at the terms of said courts as changed by this Act. Writs, etc., and juries. 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. Repealing clause. Approved November 26, 1901.

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TITLE V. MISCELLANEOUS. ACTS. General Assembly, apportionment of Representatives. Technology, tuition in school of. Public Libraries, how maintained. Physiology and Hygiene to be taught in public schools. Pleas in suits on accounts. Garnishee, liability of. Justices Courts, jurisdiction of in cities. Trust funds, how invested. County officers, accounts of, how examined. Commissioner of Pensions, office of. Widow of deceased pensioner, application of. Wages of deceased employees of corporations, to whom paid. Sanitary regulations by county authorities. County offices, supplies for, how furnished. Cotton seed hulls, weight of. Tenant and croppers, employment of. Tax on commercial fertilizers. Fertilizers, analysis, inspection, registration and sale of. Accident, liability or casualty insurance, regulation of. Life insurance on assessment plan, regulation of. Georgia Reports, republication of. Public roads, how located. Cases nonsuited or dismissed, how renewed. Liens for hauling lumber. Supplies for county, how purchased. Importation of diseased stock, prohibited. Sentence of minor for misdemeanor, term of. Fish, catching of on seacoast, regulated. Lieutenant Colonel of Georgia State troops, colored. National Forest Reserve, lands for. Chickamauga Park, lands for, ceded to U. S.

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GENERAL ASSEMBLY, APPORTIONMENT OF REPRESENTATIVES. No. 182. An Act to change the apportionment of Representatives in the General Assembly and to fix the same in accordance with the United States census of 1900, as provided in article 3, section 3, paragraph 1, of the Constitution of the State of Georgia. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the House of Representatives shall consist of one hundred and seventy-five members, apportioned as follows, to the six largest counties, to-wit: Fulton, Chatham, Richmond, Bibb, Floyd and Thomas, three representatives each; to the twenty-six next largest counties, to-wit: Burke, Muscogee, Decatur, Washington, Carroll, Dooly, Sumter, Laurens, Gwinnett, Coweta, Cobb, Jackson, Troup, Meriwether, Houston, Bulloch, Emanuel, DeKalb, Walton, Wilkes, Bartow, Hall, Monroe, Tattnall, Lowndes and Elbert, two representatives each; and to the remaining one hundred and five counties, one representative each. General Assembly, apportionment of Representatives. SEC. II. Be it likewise enacted, That this act shall not take effect until the terms of the members of the present House of Representatives expire. SEC. III. Be it likewise enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved November 1, 1901. TECHNOLOGY, TUITION IN SCHOOL OF. No. 363. An Act to prescribe the tuition of resident and non-resident students in the State School of Technology, and for other purposes. SECTION I. Be it enacted by the General Assembly of this State, and it is hereby enacted by the authority of the same, That from and after the first day of July, 1902, the tuition for students from other States and countries coming to the State Technological School shall be not less than one hundred dollars per annum to be collected at the beginning of each half year. State sch'l of Technology, tuition of non-residents. SEC. II. Be it further enacted by the authority aforesaid, That there shall be only six free scholarships from each county in the

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State. After these scholarships are filled in such method as shall be prescribed by the trustees, the other students coming from said county shall pay at the rate of twenty-five dollars per annum to be collected at the beginning of each half year, and it shall not be necessary to include this requirement in the General Appropriation Acts. Free scholarships. Tuition of residents. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act shall be, and the same are, hereby repealed. Repealing clause. Approved December 17, 1901. PUBLIC LIBRARIES, HOW MAINTAINED. No. 376. An Act to authorize any city in this State to appropriate money for the purpose of maintaining a public library, or assisting in maintaining a public library, said money to be expended by the board of trustees of the public schools of said city, or the board of education, or other body controlling public schools in said city; and to authorize said board of trustees, or board of education, or other body controlling public schools in said city, to receive donations in land, money or other property for the purpose of erecting suitable buildings for said public library, and for maintaining the same, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: SECTION I. That from and after the passage of this Act, any city in this State may, through its properly constituted municipal authorities, raise by taxation from year to year, and permanently appropriate money, for the purpose of establishing, or erecting, or maintaining, a public library, or assisting in maintaining a public library. Any such sum or sums of money so appropriated shall be expended by and under the direction of the board of trustees of the public schools of said city, or the board of education, or other body controlling public schools in said city. Public Libraries, how maintained. SEC. II. That in any city in which an appropriation shall be made, under or by virtue of the authority conferred by this Act, the money so appropriated shall be drawn from the treasury of said city on the warrant of said board of trustees of the public schools of said city, or board of education, or other body controlling the public schools in said city, and shall be paid out from time to timein

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the payment of salaries, purchase of books and for other necessary expenses of said library, and an itemized statement of the amounts so paid out shall be made quarterly to the mayor of said city, and by him submitted to the properly constituted authorities of said city. Disbursements, how made. SEC. III. That said board of trustees, or board of education, or other body controlling public schools in said city, are authorized to accept and receive donations, either in money, land or other property, for the purpose of erecting or assisting in the erection of suitable buildings for the use of said public library, for maintaining the same or for assisting in maintaining the same. Donations. SEC. IV. That said board of trustees, or board of education, or other body controlling public schools in said city, shall exercise a strict and rigid supervision over said public library, and shall pass all necessary rules and regulations for the government and control of the same; shall elect a librarian, and if necessary an assistant librarian, or designate some officer or officers to perform the duties of librarian or assistant librarian, and shall appoint and discharge the said officer or officers at pleasure. Supervision. SEC. V. That the municipal government of any such city shall have authority to enter into a legal and binding agreement to accept and receive any donation offered by any person or persons on such terms as may be agreed upon between said person or persons and said municipal government, and such agreement so made shall be legal and binding upon said municipal government and its successors; and all agreements by said municipal government of said city to pay any sum or sums of money annually thereafter for the use of said public library shall be legal and binding on the said city; and any ordinance or ordinances carrying said agreement into effect shall have the force and effect of law and be binding on the said city during the time mentioned in said agreement and said ordinance. Terms of donations, how enforced. 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. Repealing clause. Approved December 17, 1901.

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PHYSIOLOGY AND HYGIENE TO BE TAUGHT IN PUBLIC SCHOOLS. No. 367. An Act to provide for the teaching of physiology and hygiene (physiology, which shall include with other hygiene the nature and effects of alcoholic drinks and other narcotics upon the human system) in the public schools in Georgia; to provide a penalty in case any board of education, in city or county, fails to provide for the teaching of the same, and requiring all teachers to stand a satisfactory examination upon said subject as for other subjects. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and be it hereby enacted by authority of the same, That the nature of alcoholic drinks and narcotics, and special instruction as to their effects upon the human system, in connection with the several divisions of the subject of physiology and hygiene, shall be included in the branches of study taught in common or public schools in the State of Georgia, and shall be studied and taught as thoroughly and in the same manner as other like required branches are in said schools. Public schools, effects of alcoholic drinks and narcotics, to be taught in. SEC. II. It shall be the duty of county and city superintendents of schools receiving aid from the State to report to the State School Commissioner any failures or neglect on the part of the board of education; to make provisions for instructions of all pupils in any and all of the schools under their jurisdiction, in physiology and hygiene (physiology, which shall include with other hygiene the nature and effects of alcoholic drinks and other narcotics upon the human system); and the board of education of each county of this State shall adopt proper rules to carry the provisions of this law into effect. Physiology and hygiene, how taught. SEC. III. No license shall be granted any person to teach in the public schools, receiving money from the State, after the first Monday in January, 1903, who has not passed a satisfactory examination in physiology and hygiene (physiology, which shall include with other hygiene the nature and effects of alcoholic drinks with other narcotics upon the human system). Examinations of teachers. SEC. IV. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Repealing clause. Approved December 17, 1901.

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PLEAS IN SUITS ON ACCOUNTS. No. 191. An Act to provide the form of pleas in suits on open accounts, and for other purposes. SECTION I. Be it enacted, That from and after the passage of this Act, whenever any suit may be brought on an open account and the same is verified by the plaintiff as now provided by law, the plea filed in said case shall either deny that the defendant is indebted in any sum or shall specify the amount in which the defendant admits he may be indebted, and said plea shall be verified as now required by law. Pleas in suits on accounts. SEC. II. All laws or parts of laws in conflict herewith are repealed. Repealing clause. Approved November 15, 1901. GARNISHEE, LIABILITY OF. No. 187. An Act to amend the garnishment laws of this State so as to make subject to the lien of garnishments all indebtedness of the garnishee to the defendant accruing after the date of the service of the summons of garnishment, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, whenever a summons of garnishment is served on any person and such person, after the date of such service, becomes indebted to the defendant, such subsequent indebtedness immediately upon its accruing shall become subject to the lien of such garnishment, and no payments made by the garnishee to the defendant, or to his order, after the date of the service of the garnishment, shall defeat the lien of such garnishment. The service of a summons of garnishment shall in all cases operate as a lien on all the garnishee's indebteness at the date of the service and also on all future indebtedness accruing up to the date of the answer, and such lien shall not be defeated by any payments by the garnishee or overdrafts by the defendant or other arrangements between the defendant and the garnishee. Garnishee, liability of. SEC. II. Be it further enacted, That nothing herein contained

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shall operate to change or alter the laws of this State as they now exist exempting from the process and liabilities of garnishment the daily, weekly or monthly wages of journeymen mechanics and day laborers. Exemptions. SEC. III. 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. Repealing clause. Approved November 11, 1901. JUSTICES' COURTS, JURISDICTION OF IN CITIES. No. 310. An Act to regulate the practice and procedure of justice courts in cities of sixty thousand or more; to designate the section over which they shall have jurisdiction, 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, all justices of the peace and notaries public ex-officio justices of the peace, courts situated in cities in this State, and having a population of sixty thousand or more by the last preceding census of the United State, shall have jurisdiction exclusively over all civil and criminal cases in which they now have jurisdiction as allowed by the Constitution and laws of this State in and over and only in and over their respective districts, for which they are elected and appointed, except a garnishee, who is located in said cities and out of the district of the court issuing process of garnishment shall make answer to a summons of garnishment directly to the court issuing same, and the judgment in the garnishment proceedings shall be as binding upon the garnishee as if rendered by the court of the district where he is located. Justices' courts, jurisdiction of in cities. Sec. 2. Be it further enacted by the authority aforesaid, That all cases defended and to be proven shall by the court, on the regular court day of said court, be assigned for trial, between the time of the call and the first day of the next term thereafter, and shall at the time any case is set for trial hear and determine same, or the court may for sufficient cause in its discretion continue same to next term, or pass said case for trial to a day during the term in which it was first assigned. Assignment and trial of cases in. Sec. 3. Be it further enacted by the authority aforesaid, That when any justice in said cities shall be disqualified to try any case,

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or absent from his court on account of sickness, or from city in which his court is located, any other justice may preside in his stead, the disqualification or absence appearing in the judgment, and any judgment rendered by such justice shall be as binding upon the parties as if rendered by the original justice. Disqualification of justice. Sec. 4. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 12, 1901. TRUST FUNDS, HOW INVESTED. No. 356. An Act to authorize executors, administrators, guardians and trustees to invest trust funds in certain county and municipal bonds upon similar terms and conditions as they are now authorized to invest in State bonds and securities, 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 executors, administrators, guardians and trustees be and they are hereby authorized to invest trust funds in any county or municipal bonds which have been or may be issued by any county or municipality of this State, and have been validated as required by Act of December 6, 1897, providing for the validation of county and municipal bonds upon the same terms and conditions as they are now authorized to invest trust funds in State bonds and securities. Trust funds, in vestment of, in county and municipal bonds. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 17, 1901. COUNTY OFFICERS, ACCOUNTS OF, HOW EXAMINED. No. 211. An Act to authorize the county authorities of any county in this State to employ expert accountants to examine and report on the books, vouchers and accounts of all officers handling county funds, 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

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from and after the passage of this Act the ordinary or commissioners of roads and revenues in their counties having such commissioners, are authorized, whenever they deem it necessary to do so, to employ an expert accountant to examine and report on the books, vouchers and accounts of any county officer whose duty it is under the law to handle county funds. County officers, accounts of, how examined. Sec. 2. Be it further enacted, That such county authorities may employ such accountants whether they reside in the county in which they are employed or elsewhere. Accountants, employment of. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Nov. 20, 1901. COMMISSIONER OF PENSIONS, OFFICE OF. No. 414. An Act to amend section 5 of an Act to authorize the appointment of a Commissioner of Pensions, and to prescribe the powers and duties of said commissioner, and for other purposes, approved December 15, 1896. Section 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, section 5 of the Act approved December 15, 1896, fixing the limit to the office of Commissioner of Pensions in this State, be amended by striking from the second line of said section the word six, and inserting in lieu thereof the word fifteen, so that when said section has been amended, as provided by this Act, it will read as follows: This office shall continue for fifteen years only, unless continued by further legislation. Commissioner of pensions, office of continued. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 18, 1901.

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WIDOW OF DECEASED PENSIONER, APPLICATION OF. No. 426. An Act to provide for the use of the application and the evidence attached thereto now on file in the office of Commissioner of Pensions, as competent testimony for a widow who may apply for a pension, whose husband was drawing a pension from the State at the time of his death, and the use of the application of the applicant and evidence thereto attached, upon which she may have heretofore drawn a pension from this State. Section 1. Be it enacted by the General Assembly of the State of Georgia, That on and after the passage of this Act it shall be lawful for the Commissioner of Pensions to use as competent evidence in behalf of any widow who may apply for a pension in this State, whose husband had been allowed and was drawing a pension from the State at the time of his death, the application and the testimony on which he was allowed a pension, as evidence of the dead soldier husband's enlistment, service and discharge; provided such widow is otherwise entitled to a pension from the State under existing laws; and provided further, if said application and testimony show that the dead husband performed as much as six months' actual military service in the organized militia of this State, or of the Confederate States, and was honorably discharged therefrom. Widow of deceased pensioner, application for. Sec. 2. Be it further enacted by the authority aforesaid, That the evidence contained in any application heretofore duly filed in the pension office of this State by the applicant, and upon which she has been allowed a pension, shall be sufficient proof of the deceased soldier husband's enlistment, service, discharge, and marriage to applicant; provided such widow is otherwise entitled to a pension from the State under existing laws; and provided further, if said application and testimony show that the deceased soldier husband was duly married to applicant, and that the dead husband performed as much as six months' actual military service in the Confederate army, or the organized militia of this State, or who died or was killed while in such service before six months' service expired. Evidence. Sec. 3. Be it further enacted, etc., That all laws and parts of laws in conflict with the provisions in this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 18, 1901.

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WAGES OF DECEASED EMPLOYEES OF CORPORATIONS, HOW PAID. No. 428. An Act to make it lawful for any railroad company or other corporation doing business in this State, upon the death of any employee leaving a surviving widow or minor child or children, to pay over whatsoever wages that may be due said employee, not to exceed one hundred dollars, to his widow, or minor child or children, or guardian thereof, without any administration upon his estate, and to exempt said wages to the amount of one hundred dollars from garnishment. Section 1. Be it further enacted by the General Assembly, and it is hereby enacted by the authority of the same, That from and after the passage of this Act it shall be lawful upon the death of any person employed by any railroad company, or other corporation doing business in this State, who may have wages due him by said railroad company, or other corporation, and who shall leave surviving him a widow or minor child or children, to pay all of said wages, when they do not exceed one hundred dollars, and in case such wages exceed one hundred dollars, to pay the sum of one hundred dollars thereof to the surviving widow of such employee, and in case he has no surviving widow, but leaves surviving a minor child or children, then said sum shall be paid to said minor child or children without any administration upon the estate of said employee, and that said fund to the amount of one hundred dollars, after the death of said employee, is hereby exempt from any and all process of garnishment. Wages of deceased employees of corporations, to whom paid. Sec. 2. Be it further enacted by the authority aforesaid, That such railroad company, or other corporation, be, and are hereby required to pay over said fund on the demand of said widow, and in case there be no surviving widow, then on the demand of said minor child or children, or the guardian thereof. Demand for. Section 3. Be it further enacted by the authority aforesaid, That said railroad company, or other corporation, paying over said fund as aforesaid, shall be, and are, hereby protected and released from all claims whatsoever against said fund by the estate of said employee or creditors thereof, or the claims of said widow or minor child or children, or the guardian thereof. Payment [Illegible Text] release.

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Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 18, 1901. SANITARY REGULATIONS BY COUNTY AUTHORITIES. No. 400. An Act to provide for the establishment by the county authorities of rules and regulations for the protection of the health of the several counties of the State, and for preventing the introduction and spread of infectious and contagious diseases therein; to provide for the enforcement of such rules and regulations, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That the county authorities of the several counties of this State who have charge of county matters, being the ordinary or county commissioners, as the case may be, shall have full power and authority to adopt, enact, establish and maintain all such rules and regulations, not inconsistent with the laws and Constitution of this State and of the United States, as they may deem necessary and proper for protecting the health of their respective counties, and for preventing the introduction, generation and spread of infectious and contagious diseases therein; provided, that such rules and regulations shall not apply to any incorporated city or town of this State. Sanitary regulations by county authorities. Sec. 2. Be it further enacted by the authority aforesaid, That said county authorities shall have power and authority to alter, amend, add to, or repeal such rules and regulations, from time to time, as they may deem necessary and proper for the purpose of this Act. Sec. 3. Be it further enacted by the authority aforesaid, That such rules and regulations as may be established for any county of this State, under and by virtue of the provisions of this Act, and any amendments or alterations thereof, before the same shall have the force and effect of law, shall have the written approval of not less than three reputable physicians of the county, and shall be posted at the court-house door of the county, and also published at least once in the newspaper of the county in which the sheriff's notices are advertised. Must be approved by physicians and advertised.

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Sec. 4. Be it further enacted by the authority aforesaid, That any person or persons, who shall violate any one or more of such rules and regulations, after being personally served with a written or printed copy of the same, shall be guilty of a misdemeanor, and upon conviction thereof punished accordingly. Violations, how punished. Sec. 5. Be it further enacted by the authority aforesaid, That all cost and expense necessary and proper for carrying out the provisions of this Act shall be paid out of the county treasury. Expense, how paid. Sec. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 18, 1901. COUNTY OFFICES, SUPPLIES FOR, HOW FURNISHED. No. 416. An Act to regulate the manner of furnishing coal, wood, lights, furniture, stationery, records and office supplies in general, for the public offices of county court-houses in this State. 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, it shall be the duties of the ordinaries or board of county commissioners, or other county authorities in this State where such boards exist, and who have the management of the revenues of the counties, to furnish coal, wood, lights, furniture, stationery, records and office supplies in general, for the different county offices of the various counties in this State, at the expense of each county; provided, that this Act shall only apply to the offices of said officers in the various court-houses in said counties. County offices, supplies for, how furnished. Sec. 2. Be it further enacted, That this Act shall take effect from and immediately after its passage. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 19, 1901.

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COTTONSEED-HULLS, WEIGHT OF. No. 397. An Act to require all persons selling cottonseed-hulls in bales or packages to have the weight thereof plainly branded or stamped on each bale or package; to make a violation of this Act penal; to provide a penalty therefor, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act it shall be unlawful for any person, firm or corporation to sell any cottonseed-hulls in bales or packages without having the weight thereof plainly stamped or branded on each bale or package thereof. Cottonseed hulls, weight of, how stamped. Sec. 2. Be it further enacted, That any person, firm or corporation violating the provisions of this Act shall be guilty of a misdemeanor, and on conviction shall be punished as provided in section 1039 of volume 3 of the Code of Georgia. Sec. 3. Be it further enacted, That all laws in conflict with this Act be, and they are, hereby repealed. Repealing clause. Approved December 18, 1901. TENANTS AND CROPPERS, EMPLOYMENT OF. No. 390. An Act to make it unlawful for any person to employ or contract with as tenant or cropper any person under contract with another; to provide certain penalties and defences, 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 when the relation of employer and employee, or of landlord and tenant of agricultural lands, or of land owner and cropper, has been created by written contract duly executed before an officer authorized to administer oaths, it shall be unlawful for any person during the life of said contract, made and entered into in the manner above prescribed, to employ or to rent lands to, or to furnish lands to be cropped by said employee, tenant or cropper, or to disturb in any way said relation, without first obtaining the written consent of said employer, landlord, or land owner, as the case may be. Tenants and croppers, under contract, employment of illegal.

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Sec. 2. Be it further enacted by the authority aforesaid, That any person violating the provisions of the foregoing section shall at the option of the party alleged to have been injured, be prosecuted as for a misdemeanor, and upon conviction punished as provided in section 1039 of the Penal Code, or he shall be liable in damages to said alleged injured party, as follows: (1) In case of employer and employee, the damages shall not be less than double the amount of wages or salary for the entire period of said contract. (2) In case of landlord and tenant, or of land owner and cropper, the damages shall not be less than double the annual rental value of the lands rented or cropped, said value to be fixed at 1,000 pounds of middling lint cotton to the plough. Penalty. Damages. Sec. 3. Be it further enacted by the authority aforesaid, That in addition to other defences, the following defences in both civil and criminal cases arising under the provisions of this Act shall be good and sufficient, when proved in every item to the satisfaction of the jury, to wit: 1. For the defendant to show that prior to the alleged violation of this Act said employee, tenant or cropper, as the case may be, had for good reason and just cause abandoned his said contract and terminated the relation created thereby. Defenses. 2. For the defendant to show as a complete defence all of the following facts, to wit: That prior to employing or otherwise contracting with said employee, tenant or cropper, he received from said employee, tenant or cropper an affidavit to the effect that said employee, tenant or cropper was not at the time under a prior existing contract, which affidavit defendant shall show to the court, and that immediately on proof that said employee, tenant or cropper was under contract defendant discharged him, and refused to permit and did not permit him to remain on his (defendant's) premises. Whenever in a suit for the recovery of damages the defendant shall urge his defence successfully, he shall have judgment against the plaintiff for all costs and reasonable attorney's fees, and in case of a like result in the prosecution of a criminal case under the provisions of this Act, the defendant shall have a like judgment against the prosecutor. Sec. 4. Be it further enacted, That the provisions of this Act shall not apply where the employment given is of such duration and of such nature as to make it certain that it could not result in injury to the plaintiff or prosecutor. No injury. Sec. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 17, 1901.

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TAX ON COMMERCIAL FERTILIZERS. No. 243. An Act to prescribe that commercial fertilizers in the hands of consumers may be deemed as returned for taxation when the lands upon which the same are to be used have been returned for taxation for the current year, and for other purposes. Section 1. Be it enacted by the General Assembly, and it is hereby enacted by the authority of same, That from and after the passage of this Act the consumers of commercial fertilizers shall not be required to return for taxation any fertilizers where the land upon which the same is to be used has been properly returned for taxation; and the several tax receivers of this State shall not require consumers of commercial fertilizers, or any other manures commonly used by farmers and others as fertilizers, to return same where the land upon which the same is to be used has been properly returned. Tax on commercial fertilizers against consumers. 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. Repealing clause. Approved November 29, 1901. FERTILIZERS, ANALYSIS, INSPECTION, REGISTRATION AND SALE OF. No. 398. An Act to regulate the registration, sale, inspection and analysis of commercial fertilizers, acid phosphates, fertilizer materials and chemicals, in the State of Georgia, and to consolidate all laws relating to said sales, inspection and analysis, and to repeal all other laws or parts of laws in conflict therewith. Section 1. Be it enacted by the General Assembly of the State of Georgia, That all manufacturers, jobbers and manipulators of commercial fertilizers and fertilizer materials to be used in the manufacture of the same, who may desire to sell or offer for sale in the State of Georgia such fertilizers and fertilizer materials, shall first file with the Commissioner of Agriculture of the State of Georgia, upon forms furnished by said Commissioner of Agriculture,

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the name of each brand of fertilizers, acid phosphates, fertilizer materials, or chemicals, which they may desire to sell in said State, either by themselves or their agents, together with the name and address of the manufacturer or manipulator, and also the guaranteed analysis thereof, stating the sources from which the phosphoric acid, nitrogen and potash are derived, and if the same fertilizer is sold under a different name or names, said fact shall be so stated, and the different brands which are identical shall be named. Fertilizers, name, analysis, etc., registration. Sec. 2. All persons, companies, manufacturers, dealers or agents, before selling or offering for sale in this State any commercial fertilizer or fertilizer material, shall brand or attach to each bag, barrel or package the brand name of the fertilizer, the weight of the package, the name and address of the manufacturer, and the guaranteed analysis of the fertilizer, giving the valuable constituents of the fertilizer in minimum percentages only. These items only shall be branded or printed on the sacks in the following order: How branded. 1. Weight of each package in pounds. 2. Brand name and, or trademark. 3. Guaranteed analysis. 4. Available phosphoric acid, per cent. 5. Nitrogen, per cent. 6. Potash, per cent. 7. Name and address of the manufacturer. In bone meal, tankage or other products where the phosphoric acid is not available to laboratory methods, but becomes available on the decomposition of the product in the soil, the phosphoric acid shall be claimed as total phosphoric acid unless it be desired to claim available phosphoric acid also, in which latter case the guarantee must take the form above set forth. In the case of bone meal and tankage, manufacturers may brand on the bags information showing the fineness of product provided it takes a form approved by the Commissioner of Agriculture. Sec. 3. If any commercial fertilizer or fertilizer material offered for sale in this State shall, upon official analysis, prove deficient in any of its ingredients as guaranteed and branded upon the sacks or packages, and if by reason of such deficiency the commercial value thereof shall fall three per cent. below the guaranteed total commercial value of such fertilizer or fertilizer material, then any note or obligation given in payment therefor shall be collectable by law only for the amount of actual total commercial value as ascertained by said official analysis, and the person or corporation selling the same shall be liable to consumer by reason of such deficiency for such damages, if any, as may be proven and obtained by him on

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trial before jury in any court of competent jurisdiction in this State. Commercial value only collectable. Damages. Sec. 4. Be it further enacted, That the words high grade shall not appear upon any bag or other package of any complete fertilizer which complete fertilizer contains, by its guaranteed analysis, less than ten per cent. available phosphoric acid, 1.65 per cent. nitrogen (equivalent to 2 per cent. of ammonia and 2 per cent. of potash), or a grade or analysis of equal total commercial value; that the word standard shall not appear upon any bag or other package of any complete fertilizer which contains by its guaranteed analysis less than 8 per cent. available phosphoric acid, 1.65 per cent. nitrogen (equivalent to 2 per cent. ammonia) and 2 per cent. potash, or a grade or analysis of equal total commercial value; that the words high grade shall not appear upon any bag or other package of any acid phosphate with potash which shall contain by its guaranteed analysis less than 13 per cent. available phosphoric acid and 1 per cent. of potash, or a grade or analysis of equal total commercial value; that the word standard shall not appear upon any bag or other package of any acid phosphate with potash which shall contain by its guaranteed analysis less than 11 per cent. available phosphoric acid and 1 per cent. potash, or a grade or analysis of equal total commercial value; that the words high grade shall not appear upon any bag or other package of any plain acid phosphate which shall contain by its guaranteed analysis less than 14 per cent. available phosphoric acid; and lastly, that the word standard shall not appear upon any bag or other package of any plain acid phosphate which shall contain by its guaranteed analysis less than 12 per cent. available phosphoric acid. It is hereby provided that no complete fertilizer, acid phosphate with potash, acid phosphate with nitrogen, or plain acid phosphate, shall be offered for sale in this State which contains less than 12 per cent. of total plant food, namely: available phosphoric acid nitrogen, when calculated as ammonia and potash, either singly or in combination; provided, that in mixed fertilizers there shall not be claimed less than 1 per cent. of potash and 0.82 per cent. nitrogen, when one or both are present in the same mixture. Constituents. It is further hereby provided, That no commercial fertilizers or fertilizer material shall be offered for sale in this State which contains such an amount of water as to render the handling or manipulation of such fertilizers or fertilizer material difficult, or to cause the clogging of fertilizer distributors by reason of its bad mechanical condition, such wet or bad mechanical condition of any fertilizer shall be carefully observed by all fertilizer inspectors at the

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time of drawing their samples, and be reported along with the sample to the Commissioner of Agriculture, who, if he (or in his absence the State chemist) confirms the opinion of the inspector, shall forbid the sale of that lot so inspected. Wet and unsalable. Sec. 5. Be it further enacted, That all manufacturers and manipulators, or agents representing them, who have registered their brands in compliance with section 1 of this Act, shall forward to the Commissioner of Agriculture a request for tax tags, stating that said tax tags are to be used upon brands of fertilizers and fertilizer materials registered in accordance with this Act, and said request shall be accompanied with the sum of 10 cents per ton as an inspection fee, whereupon it shall be the duty of the Commissioner of Agriculture to issue tags to parties applying, who shall attach a tag to each bag, barrel, or package thereof, which, when attached to said package, shall be prima facie evidence that the seller has complied with the requirements of this Act. Any tags left in the possession of the manufacturer shall not be used for another season, and shall not be redeemed by the Department of Agriculture. Tax tags. Sec. 6. Be it further enacted, That it shall not be lawful for any manufacturer or company, either by themselves or their agents, to offer for sale in this State any fertilizer or fertilizer material that has not been registered with the Commissioner of Agriculture as required by this Act. The fact that the purchaser waives the inspection and analysis thereof shall be no protection to said party selling or offering the same for sale. Unregistered, sale illegal. Sec. 7. The guaranteed analysis of each and every brand of fertilizer of fertilizer material must, without exception, remain uniform throughout the fiscal year for which it is registered, and in no case, even at subsequent registration, shall the grade be lowered, although the proportion of the available constituents may be changed so that the decrease of one constituent may be compensated for in value by the increase of the other or others. Such proposed change must first receive the approval of the Commissioner of Agriculture. A brand name and, or trademark, registered by one manufacturer shall not be entitled to registration by another, and the manufacturer having first registered and used the said brand name, and, or trademark, shall be entitled to it, even should said brand name and, or trademark, not be offered for current registration at the time. Nothing in this section shall be construed as debarring the right of any manufacturer to establish his ownership in, and prior right of registration of, any brand name and, or trademark, whether said brand name and, or trademark, had been previously registered or not. Brand name or trademark.

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Sec. 8. No person, company, dealer or agents shall sell, expose or offer for sale in this State any pulverized leather, raw, steamed, roasted, or in any other form, either as a fertilizer or fertilizer material, or as a constituent of fertilizers, without first making full and explicit statement of the fact in registration with the Commissioner of Agriculture, and furnishing satisfactory proof that the nitrogen is sufficiently available and valuable for the purpose for which sold. Pulverized leather. Sec. 9. Be it further enacted, That the Commissioner of Agriculture shall appoint twelve inspectors of fertilizers, or so many inspectors as, in said commissioner's judgment, may be necessary, who shall hold their office for such time as said commissioner shall in his judgment think best for carrying out the provisions of this Act. The greatest compensation that any inspector of fertilizers shall receive shall be at the rate of eighty-three and one-third dollars per month and his actual expenses while in the discharge of his duty as such inspector. It shall be their duty to inspect all fertilizers, acid phosphates, chemicals, cotton seed meal, or other fertilizing material that may be found at any point within the limits of the State, and go to any point when so directed by the Commissioner of Agriculture, and shall see that all fertilizers and fertilizer materials are properly tagged. Inspectors Sec. 10. Be it further enacted, That each of the inspectors of fertilizers shall be provided with bottles of not less than eight (8) ounce capacity in which to place samples of fertilizers and fertilizer materials drawn by him, and it shall be the duty of each inspector of fertilizers to draw, with such an instrument as shall secure a core from the entire length of the package, such samples of fertilizers and fertilizer materials as he may be directed by the Commissioner of Agriculture to inspect, or that he may find uninspected; and in the performance of his duty he shall carefully draw samples as follows: In lots of ten packages or less, from every package; in lots of 10 to 100 packages, from not less than 10 packages; in lots of 100 packages and over, from not less than 10 per cent. of the entire number; and after thoroughly mixing the samples so drawn, he shall, by the method known as quartering, draw from such thoroughly mixed samples two sub-samples, and with them fill two samples bottles, and shall plainly write on a label on said bottles the number of said sample, and shall also write on the label on one only of said bottles the name of the fertilizer, acid phosphate, or other fertilizer material, also the name of the manufacturers. He shall then seal both of said bottles, and shall forward to the Commissioner of Agriculture the said samples so drawn by him, stating the numbers of

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sacks from which the sample was drawn, and a full report of the inspection written on a form prescribed by the Commissioner of Agriculture, which report must be numbered to agree with the number of the bottle; and in said report shall be given the name of the fertilizer, or fertilizer material, the name of the manufacturer, the guaranteed analysis, the place where inspected, the date of inspection, and name of inspector; and it shall be the duty of said inspectors to keep a complete record of all inspections made by them on forms prescribed by the Commissioner of Agriculture. Before entering upon the discharge of their duties they shall also take and subscribe, before some officer authorized to administer the same, an oath to faithfully discharge all duties which may be required of them in pursuance of this Act. Samples, inspection. Oath of inspectors. Sec. 11. Be it further enacted, That a sample of all fertilizers or fertilizer material, drawn by the official inspectors and filed with the Commissioner of Agriculture, shall be marked by number and delivered by said Commissioner of Agriculture to State chemist, who shall make a complete analysis of the same, and certify, under same number as marked, said analysis to said Commissioner of Agriculture, which analysis shall be recorded as official and entered opposite the brand of fertilizers or fertilizer material which the mark and number represent; and the said official analysis of such fertilizer or fertilizer material, under the seal of the Commissioner of Agriculture, shall be admissible as evidence in any of the courts of this State on the trial of any issue involving the merits of such fertilizer or fertilizer material. State chemist, certificate of. Sec. 12. Be it further enacted, That the Commissioner of Agriculture shall have authority to establish such rules and regulations in regard to the inspection, analysis, and sale of fertilizers and fertilizer material as shall not be inconsistent with the provisions of this Act, and as in his judgment will best carry out the requirements thereof. Rules by Commissioner of Agriculture. Sec. 13. Be it further enacted, That nothing in this Act shall be construed to restrict or avoid sales of acid phosphate or any other fertilizer material to each other by importers, manufacturers, or manipulators, who mix fertilizer materials for sale, or as preventing the free and unrestricted shipments of material to manufacturers or manipulators who have registered their brands as required by the provisions of this Act. Manufacturers of, purchases by. Sec. 14. Be it further enacted, That any person selling or offering for sale any fertilizer or fertilizer material without having first complied with the provisions of this Act shall be guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed

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in 1039 of the Criminal Code of Georgia; provided, this Act shall not go into effect until after the first day of August, 1902. Penalty for illegal sales. Sec. 15. Be it further enacted, That there shall be nothing in this Act which shall be construed to nullify any of the requirements of an Act fixing the methods of determining the value of commercial fertilizers by the purchasers, and incorporated in the provisions of the herein amended Ellington bill, which is as follows: An Act to regulate the sale of fertilizers in this State, to fix a method for determining the value of the same, and for other purposes. Ellington bill. 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 it shall be lawful for any purchaser of fertilizer from any owner thereof, or agent of such owner, to require of the person selling, and at the time of sale or delivery, to take from each lot of each brand sold a sample of its contents. Sec. 2. Be it further enacted, That said sample or samples of fertilizer shall be taken in the presence of both purchaser and seller in the following manner: Two cupfuls of the fertilizer shall be taken from the top and two cupfuls from the bottom of each sack, provided there are not more than ten sacks in the lot, but in lots of 10 to 100 sacks, from not less than 10 sacks; in lots of 100 and over, from not less than 10 per cent. of the entire number. The samples so taken shall be intermixed upon some surface so as not to mix dirt or any other substance with the fertilizer. Then from different parts of the pile small portions at a time shall be scooped up in the cup and transferred to a wide-mouthed bottle of not less than one pint in capacity. This bottle shall now be corked with a suitable cork. The cork must either be pressed home flush with the mouth of the bottle or else cut across until it is flush or even with the mouth of the bottle. It shall then be taken by both parties at interest to the ordinary of the county, who shall seal the same in their presence in the following manner: he shall completely cover the entire surface of the cork with sealing wax, and then impress upon the molten wax his official seal, bearing his name and the style of his office. He shall then label the same with the names of the parties and of the fertilizers. Sec. 3. Be it further enacted, That said ordinary shall safely keep said package, allowing neither party access to the same, save as hereinafter provided. The ordinary shall receive a fee of 10 cents from the party depositing such sample for each sample so deposited. Sec. 4. Be it further enacted, That should said purchaser, after

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having used such fertilizer upon his crops, have reason to believe from the yields thereof that said fertilizer was totally or partially worthless, he shall notify the seller, and apply to the ordinary to forward the said sample deposited with him to the State chemist, without stating the name of the parties, the name of the fertilizers, or giving its guaranteed analysis, the cost of sending being prepaid by the purchaser. Before forwarding sample to the State chemist for analysis, the ordinary shall take the affidavit of the purchaser that he has gathered his crop and believes from the yield thereof that the fertilizer used was worthless, or partially worthless. The ordinary shall notify the State chemist at the same time that he forwards the sample that he has taken and filed such written affidavit of the purchaser. Sec. 5. Be it further enacted, That it shall be the duty of said State chemist to analyze and send a copy of the result to said ordinary. Sec. 6. Be it further enacted, That should said analysis show that said fertilizer comes up to the guaranteed analysis upon which it is sold, then the statement so sent by the State chemist shall be conclusive evidence against a plea of partial or total failure of consideration. But should said analysis show that such fertilizer does not come up to the guaranteed analysis, then the sale shall be illegal, null and void, and when suit is brought upon any evidence of indebtedness given for such fertilizer, the statement of such State chemist so transmitted to the ordinary shall be conclusive evidence of the facts, whether such evidence of indebtedness is held by an innocent third party or not. Sec. 7. Be it further enacted, That in lieu of the State chemist, should the parties to the contract agree upon some other chemist to make said analysis, all the provisions of the Act shall apply to his analysis and report to the ordinary. Sec. 8. Be it further enacted, That should the seller refuse to take said sample when so requested by the purchaser, then upon proof of this fact the purchaser shall be entitled to his plea of failure of consideration, and to support the same by proof of the want of effect and benefit of said fertilizer upon his crops, which proof shall be sufficient to authorize the jury to sustain defendant's plea within whole or in part, whether said suit is brought by an innocent holder or not. Approved December 27, 1890. Sec. 16. Be it further enacted, That there shall be nothing in this Act which shall be construed to nullify any of the requirements of an Act fixing the methods of inspection and determining the analysis of cotton seed meal, incorporated in the provisions of the herein amended Calvin bill, which is as follows: Calvin bill.

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A bill to be entitled an Act to require all cotton seed meal to be subjected to analysis and inspection as a condition precedent to being offered for sale, and to forbid the sale in this State of such cotton seed meal, if it be shown by the official analysis that the same contains less than 6.18 per cent. of nitrogen, equivalent to 7 1-2 per cent. of ammonia, to prescribe a penalty for the violation of the provisions of this Act, and for other purposes. Section 1. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, That from and after the passage of this Act it shall not be lawful for any person or persons to offer for sale in this State any cotton seed meal until the same shall have been inspected as now required by law in the matter of all fertilizers and chemicals for manufacturing or composting purposes, nor shall it be lawful to offer such cotton seed meal for sale in this State if it be shown by the official analysis that the same contains less than 6.18 per cent. of nitrogen, equivalent to 7 1-2 per cent. of ammonia; provided, that the provisions of this Act as to the per centum mentioned in this section shall not apply to meal manufactured from Sea Island cotton seed, but the Commissioner of Agriculture shall, upon the passage of this Act, fix and make public a minimum per centum which shall control as to the cotton seed referred to in this proviso; provided further, that if any cotton seed meal shall not analyze up to the required per centum of nitrogen, the same may be offered for sale as a second class meal, provided the analysis be made known to the purchaser and stamped on the sack. Sec. 2. Be it further enacted by the authority aforesaid, That there shall be branded upon, or attached to each sack, barrel or package of cotton seed meal offered for sale in this State, the guaranteed analysis and the number of pounds net in each sack, barrel or package. Sec. 3. Be it further enacted by the authority aforesaid, That it shall be the duty of the Commissioner of Agriculture to take all steps necessary to make effective the provisions of sections 1 and 2 of this Act. Sec. 4. Be it further enacted by the authority aforesaid, That any person or persons violating the provisions of this Act shall be deemed guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 4310 of the Code of 1882. Approved July 22, 1891. Sec. 17. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 18, 1901.

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ACCIDENT LIABILITY OR CASUALTY INSURANCE, REGULATION OF. No. 411. An Act to amend an Act, approved December 24, 1896, making it unlawful for certain fire insurance companies to place or cause to be placed insurance against loss by fire on property in this State, except through agents located in this State, and prescribing penalties for a violation of the same, and prescribing further conditions to be complied with by such fire insurance companies before receiving licenses to do business in this State, by making it unlawful for accident liability or casualty insurance companies not incorporated by the laws of the State of Georgia, but legally licensed to transact the business of accident liability or casualty insurance therein, and doing business through regularly commissioned and licensed agents, to issue or cause to be issued policies of accident liability or casualty insurance to any person or corporation resident in the State of Georgia, except through agents located in the State, legally authorized and licensed to write policies of accident liability or casualty insurance therein, and prescribing penalties for violation of the same; also, to prescribe further conditions to be complied with by accident, liability or casualty insurance companies before receiving licenses to do business in this State. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the title to said Act be amended by adding at the end thereof the following words, to wit: And making it unlawful for accident liability and casualty insurance companies, not incorporated by the laws of the State of Georgia, but regularly licensed to transact the business of accident liability or casualty insurance therein, and doing business through regularly licensed and commissioned agents, to issue or cause to be issued policies of accident liability or casualty to any person or corporation resident in the State of Georgia, except through agents located in the State, legally authorized and licensed to write policies of accident liability or casualty insurance therein, and prescribing penalties for violation of the same; and also prescribing further conditions to be complied with by accident liability or casualty insurance companies before receiving licenses to do business in this State, so that said title, when amended, shall read as follows: An Act making it unlawful for fire insurance companies

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not incorporated by the laws of the State of Georgia, but legally licensed to transact the business of fire insurance therein and doing business there through regularly commissioned and licensed agents, to place, or cause to be placed, insurance against loss by fire on property in this State, except through agents located in the State, legally authorized and licensed to write policies of insurance therein, and prescribing penalties for violation of the same; also to prescribe further conditions to be complied with by fire insurance companies before receiving licenses to do business in this State, and making it unlawful for accident liability or casualty insurance companies not incorporated by the laws of the State of Georgia, but regularly licensed to transact the business of accident liability or casualty insurance therein, and doing business through regularly licensed and commissioned agents to issue, or cause to be issued, policies of accident liability or casualty insurance to any person or corporation resident in the State of Georgia, except through agents located in the State, legally authorized and licensed to write policies of accident liability or casualty insurance therein, and prescribing penalties for violation of the same, and also prescribing further conditions to be complied with by accident liability or casualty insurance companies before receiving licenses to do business in this State. Insurance, accident liability or casualty, regulation of. Sec. 2. Be it further enacted, That section 1 of said Act be, and the same is, hereby amended by adding at the end of said section the following words, to wit: That accident liability or casualty insurance companies not incorporated by the laws of the State of Georgia, but legally authorized to do business in this State through regularly commissioned and licensed agents located in this State, shall not issue any policy of accident liability or casualty insurance to any person or corporation resident in said State, save through agents of such companies regularly commissioned and licensed to write policies of accident liability or casualty insurance in Georgia, so that said section, when amended, shall read as follows, to wit: Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That fire insurance companies not incorporated by the laws of the State of Georgia, but legally authorized to do business in this State through regularly commissioned and licensed agents located in this State, shall not make contracts of fire insurance on property herein, save through agents of such companies regularly commissioned and licensed to write policies of insurance in Georgia; provided, however, that this Act shall not apply to property of railroad companies and other common carriers. That accident

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liability or casualty insurance companies not incorporated by the laws of the State of Georgia, but legally authorized to do business in this State through regularly commissioned and licensed agents located in this State, shall not issue any policy of accident liability or casualty insurance to any person or corporation resident in said State, save through agents of such companies regularly commissioned and licensed to write policies of accident liability or casualty insurance in Georgia. Agents, commissioned and licensed. Sec. 3. Be it further enacted, That section 2 of said Act be amended by inserting between the words fire and insurance, in the second and fifth lines thereof, the following words, to wit: Accident liability or casualty, so that said section, when amended, shall read as follows, to wit: Be it further enacted, That before issuing certificate of license to any fire, accident liability or casualty insurance company to transact the business of fire, accident libaility or casualty insurance in this State, the Insurance Commissioner shall require, in any case, in addition to requirements already provided for by law that each and every such fire, accident liability or casualty insurance company shall file with him the affidavit of its president, or other chief officer, that it has not violated any of the provisions of this Act, for the space of twelve months last past, and that they accept the terms and obligations of this Act as a part of the consideration of their license. Affidavit of president of company. Sec. 4. Be it further enacted, That section 4 of said Act be amended by inserting between the words fire and insurance, in the first and sixth lines thereof, the words accident liability or casualty, so that said section, when amended, shall read as follows: Be it further enacted, That any fire, accident liability or casualty insurance company violating any provision of this Act, or refusing to submit to the aforesaid examination when required, shall forfeit the right to do business in this State for the next twelve months thereafter, and the Insurance Commissioner shall immediately revoke the license already issued to said fire, accident liability or casualty insurance company to do business in this State. Sec. 5. Be it further enacted, That this Act shall go into effect as soon as approved, and all laws and parts of laws in conflict therewith are hereby repealed. Repealing clause. Approved December 18, 1901.

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LIFE INSURANCE ON ASSESSMENT PLAN, REGULATION OF. No. 185. An Act to amend section 1 of an Act entitled an Act requiring corporations doing life insurance business in the State of Georgia upon the assessment plan to print on all their policies or benefit certificates the words `This contract is issued upon the assessment plan,' and also to print the words `Assessment Plan' upon every application, circular, card, advertising, and other printed documents, approved December 21, 1897, by adding at the end of such section a provision that said Act shall apply only to such corporations or associations as shall write or issue policies or certificates on the post-mortem assessment plan, and shall not apply to such corporations or associations as shall only issue policies under which the premiums are stipulated and made payable at fixed periods in advance. 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 an Act entitled an Act requiring corporations doing a life insurance business in the State of Georgia upon the assessment plan to print on all their policies or benefit certificates the words, `This contract is issued upon the assessment plan,' and also to print the words `assessment plan' upon every application, circular, card, advertisement, and other printed documents, approved December 21, 1897, be, and the same is, hereby amended by adding to the end of said section a provision as follows: Provided that said Act shall apply only to such corporations or associations as shall write or issue policies or certificates on the post-mortem assessment plan, and shall not apply to such corporations or associations as shall only issue policies under which the premiums are stipulated, and made payable at fixed periods in advance, 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, every policy or certificate issued to a resident of the State of Georgia by any corporation transacting therein the business of life insurance upon the assessment plan, or admitted into this State under the assessment laws of Georgia, shall print in bold type (in red ink), in every policy or certificate issued upon the life or lives of the citizens of Georgia, making one of the principal lines near the top thereof the words `issued upon the

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assessment plan,' and the words `assessment plan' shall be printed conspicuously (in red ink) in or upon every application, circular, card, advertisement, and other printed documents issued, circulated or caused to be circulated by such corporation within the State; provided, that this Act shall apply only to such corporations or associations as shall write or issue policies or certificates on the postmortem assessment plan, and shall not apply to such corporations or associations as shall only issue policies under which the premiums are stipulated, and made payable at fixed periods in advance. Life insurance on assessment plan, premiums payable at fixed periods in advance. Sec. 2. Be it further enacted by the authority of the aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved November 5, 1901. GEORGIA REPORTS, REPUBLICATION OF. No. 261. An Act to amend an Act entitled an Act to authorize and direct the republication of certain Georgia Reports, including Charlton's and Dudley's Reports, and Georgia Decisions, approved December 16, 1899. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the Act recited in the caption be, and the same is, hereby amended by [Illegible Text] in the third line of this Act, after the words republish, the words with annotations, so that said section of said Act, when so amended, shall read as follows: That the State Librarian be, and he is, hereby authorized and directed to republish, with annotations, under the same restrictions and conditions, so far as practicable, as now relate to the republication of Georgia Reports, and electrotyped copies of same, one thousand copies each of the earlier Georgia Reports, together with Charlton's and Dudley's Reports and Georgia Decisions, where the copyright has expired, beginning with volume 1 and continuing consecutively, to be paid for out of the money received by him from the sale of Georgia Reports, together with said Charlton's and Dudley's Reports and Georgia Decisions; provided, that only such volumes be republished during any one year as may be paid for out of the said money during that year. That said librarian shall continue said publication of such Reports whenever the copyrights may hereafter expire; provided, that all

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of said Reports shall be sold at actual cost to the State of publication; provided, that said reprinted Reports shall not be sold for more than one dollars and eighty-five cents per volume. Georgia Reports, republication 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. Repealing clause. Approved December 5, 1901. PUBLIC ROADS, HOW LOCATED. No. 402. An Act to authorize the commissioners of roads and revenues of the several counties of this State, or the ordinaries of those counties not having such board of commissioners of roads and revenues, to employ at the county's expense, the county surveyor or some other competent civil engineer who shall assist the special road commissioners appointed for the purpose of laying out and locating new or making changes in old roads; to prescribe the per diem of such surveyor or civil engineer, 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 commissioners of roads and revenues of the several counties of this State, or the ordinaries of those counties not having such board of commissioners of roads and revenues, shall have power and authority at their discretion to employ at the county's expense the county surveyor, or some other competent civil engineer, who shall assist the special road commissioners appointed for the purpose of laying out and locating new, or making changes in old roads; provided, that the per diem of such surveyor or civil engineer so employed shall not exceed two dollars. Public roads, how located. Sec. 2. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 18, 1901.

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CASES NON-SUITED OR DISMISSED, HOW RENEWED. No. 422. An Act to provide for renewal of suits which have been nonsuited, dismissed or discontinued without the payment of costs, 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, when any suit is nonsuited, dismissed or discontinued in any of the counties in this State, and the plaintiff desires to recommence his suit, if he will make and file with his petition summons or other proceedings an affidavit in writing, that he is advised and believes that he has good cause for recommencing his suit, and that owing to his poverty he is unable to pay the costs that have accrued in said case, in which event the plaintiff shall have the right to renew said suit without the payment of the cost as aforesaid under the laws now regulating the renewal of suits which have been nonsuited, dismissed or discontinued. Cases non-suited or dismissed, how renewed. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 18, 1901. LIENS FOR HAULING LUMBER. No. 343. An Act to create a lien in favor of persons hauling stocks, logs or lumber with teams against the owner of such personalty, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act all persons hauling stocks, logs or lumber, with teams for another person, shall have a lien against the personalty so hauled by them to the extent of the amount of the indebtedness, if by contract, and to the extent of the value of said services so rendered, if the price to be paid for the same is not agreed upon. Liens for hauling lumber. Sec. 2. Be it further enacted, That such lien, when so created, shall have and take the same rank as is now provided in section 2809 of the Civil Code of Georgia. Rank of enforcement.

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Sec. 3. Be it further enacted, That the mode of enforcing said lien, when so created, shall be as prescribed in section 2816 of the Civil Code of Georgia. Sec. 4. Be it further enacted, That all conflicting laws are hereby repealed. Repealing clause. Approved December 16, 1901. SUPPLIES FOR COUNTY, HOW PURCHASED. No. 315. An Act to regulate the expenditures of county funds so far as the same relates to the purchase of goods or property for county purposes by county officers, and to provide a penalty for a violation of the same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That no ordinary, county commissioner, Board of County Commissioners, or any other county officer authorized or empowered by law to use public or county funds for the purchase of goods or property of any kind for public or county purposes, shall purchase said goods or property from any store in which he is an employee, or in which he is directly or indirecty interested, or from any person or partnership of which he is a member, or by whom he is employed, unless by sanction of the majority of the Board of County Commissioners of the county, or unless it shall be made clearly to appear that the said individual, partnership, or owner of the store, offers and will sell said goods or property as cheap or cheaper than it can be bought elsewhere. Supplies for counties, how purchased Sec. 2. Be it further enacted, That any officer violating the provisions of this Act shall be removed from office upon proper proceedings instituted by any taxpayer in said county, and any and every contract made in violation of the provisions of this Act shall be illegal and void. Illegal contracts Sec. 3. Be it further enacted, That the Act, approved December 22, 1898, regulating and controlling the expenditure of county funds, and all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Repealing clause. Approved December 14, 1901.

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IMPORTATION OF DISEASED STOCK PROHIBITED. No. 184. An Act to make penal the importation of any stock with contagious diseases, excepting distemper, inside the limits of this State; to prescribe penalties for same, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, it shall be unlawful for any person to knowingly import within the limits of this State any stock with coutagious diseases, except distemper. Importation of diseased stock prohibited. Sec. 2. Be it further enacted, That any person violating provisions of this Act shall be guilty of misdemeanor, and shall be punished as now prescribed in the Code of Georgia for offenses of like character. Penalty. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Repealing clause. Approved November 5, 1901. MINORS, SENTENCE OF FOR MISDEMEANORS. No. 377. An Act to provide that in all cases in counties having over one hundred thousand people, where the judge sentences a person convicted of a misdemeanor, under sixteen years of age, to industrial farms, or other similar institutions in this State, as now provided by law, that such sentence shall be for and during the minority of the person so sentenced, unless sooner discharged, with power in the authorities having charge of such industrial farm, or similar institution, to parole or discharge or bind out such person under rules and regulations to be prescribed by them, and for other purposes. Section 1. The General Assembly of Georgia hereby enacts, That hereafter, in all counties having over one hundred thousand people, whenever any judge of this State sentences any person convicted of a misdemeanor to an industrial farm, or other similar institution in this State, as now provided by law, that such sentence shall be for and during the minority of such person so sentenced, unless sooner discharged, with full power in the authorities having

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charge of such industrial farm, or similar institution, to sooner parole or discharge such person, if in their judgment he has sufficiently reformed to justify such discharge or parole, and such discharge or parole may be conditioned upon continued good behavior of such person during his minority, under such rules and regulations as such authorities may prescribe. Minors, sentence of to industrial farm, terms of. Ses. 2. Said authorities may also, if they deem proper, bind out such person during his minority under such rules and regulations as they may prescribe. Alternate disposition of. Sec. 3. All laws and parts of laws in conflict herewith are hereby repealed. Repealing clause. Approved December 17, 1901. FISH, CATCHING OF, ON SEACOAST, REGULATED. No. 263. An Act to regulate the catching of fish on the seacoast of the State. 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, it shall be unlawful for any person or persons to catch or take fish with any seines, nets or like devices from any of the waters, rivers, creeks, or bays on the coast of the State of Georgia, between the first day of June and the first day of September of each and every year; provided, that this law shall not be construed to prohibit the catching of fish in cast nets or by hook and line. Fish, catching of, on seacoast. Sec. 2. That the catching sturgeon within the waters herein named with seines or like devices is absolutely prohibited for a period of five years following the passage of this Act. Sturgeons. Sec. 3. Be it further enacted, That any person or persons, violating this Act, shall be guilty of a misdemeanor, and shall be punished as prescribed in section 1039 of the Penal Code of Georgia. Penalty. 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. Repealing clause. Approved December 5, 1901.

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LIEUTENANT-COLONEL OF GEORGIA STATE TROOPS, COLORED. No. 404. An Act to restore the rank of lieutenant-colonel of the Georgia State troops, colored, and to provide a roll of retired officers for the same. 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 rank of the present battalion commander of the colored battalion be restored to that of lieutenant-colonel; and the Governor be, and is, hereby authorized to issue a commission to the present commander of said colored troops as such lieutenant-colonel to take date from his former commission as such. Lieutenant-colonel Georgia State troops, colored. Sec. 2. Be it further enacted by the authority aforesaid, That the provisions of the Act of the General Assembly of the State of Georgia, authorizing the establishment of the roll of retired officers for the Georgia State troops be, and the same is, hereby extended to the Georgia State troops, colored. Retired list. Sec. 3. Be it further enacted by the authority aforesaid, That all laws, general or special, or parts of laws, in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 18, 1901. NATIONAL FOREST RESERVE, LANDS FOR. No. 412. An Act to give consent by the State of Georgia to the acquisition by the United States of such lands as may be needed for the establishment of a National Forest Reserve in said State. Whereas, It is proposed that the Federal government establish in the high mountain regions of Georgia and adjacent States a National Forest Reserve, which will perpetuate these forests and forever preserve the head-waters of many important streams, and which will thus prove of great and permanent benefit to the people of this State; and Preamble. Whereas, A bill has been introduced in the Federal Congress

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providing for the purchase of such lands for said purpose, the General Assembly of Georgia do enact: Preamble. Section 1. That the consent of the State of Georgia be, and is, hereby given to the acquisition by the United States by purchase or gift, or by condemnation according to law, of such lands in the mountain region of Georgia as in the opinion of the Federal government may be needed for the establishment of such a National Forest Reserve in that region; provided, that the State shall retain a concurrent jurisdiction with the United States in and over such lands so far that civil process in all cases, and such criminal process as may issue under the authority of the State against any person charged with the commission of any crime without or within said jurisdiction, may be executed thereon in like manner as if this Act had not been passed; and provided that in all condemnation proceedings the rights of the Federal government shall be limited to the specific objects set forth by the laws of the United States in regard to forest reserves. National forest reserve, jurisdiction over lands of, ceded. Sec. 2. That power is hereby conferred upon Congress to pass such laws as it may deem necessary to the acquisition as hereinbefore provided, for incorporation in said national forest reserve such mountain lands lying in Georgia as in the opinion of the Federal government may be needed for this purpose. Lands for, how acquired. Sec. 3. Power is hereby conferred upon Congress to pass such laws and to make or to provide for the making of such rules and regulations of both civil and criminal nature, and provide punishment therefor, as in its judgment may be necessary for the management, control and protection of such lands as may be from time to time acquired by the United States under the provisions of this Act. Control of reserve. This Act shall be in force from its passage. Approved December 18, 1901. CHICKAMAUGA PARK, LANDS FOR CEDED TO U. S. No. 415. An Act to cede to the United States of America the jurisdiction of this State over certain lands and certain public road approaches to the Chickamauga, Chattanooga National Park, in the counties of Chattooga and Walker, in this State, as herein described, to wit: The road used by the Confederate army in marching from Leet's Springs to the Chickamauga battle. Whereas, the general government has expended large sums of money in the improvement of Chickamauga, Chattanooga National

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Park, and in building, improving and maintaining public highways therein, and leading to said park, and contemplates and desires the expenditure of other large sums of money in constructing and maintaining public highways and approaches to said park: Preamble. Section 1. Be it therefore enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, that the jurisdiction of the State of Georgia over and to the following described lands and roads is hereby ceded to the United States of America for the purpose hereinafter set out, to wit: Chickmauga, Chattanocga National Park, jurisdiction over lands and roads ceded to U.S. Beginning at corporate limits at Lafayette, Walker county, Georgia, and extending to Alpine, Georgia, where the first gun of battle of Chickamauga was fired. The above described route being the one used by the Confederate army in marching and skirmishing from Alpine, Georgia, to Chickamauga battle, and ceded to the United States of America, in order that said United States may construct, maintain and keep in repair a public highway as an approach to said park, along said route, whenever a title to a right-of-way sufficiently wide for said purpose shall have been acquired by the said United States of America; provided, that this cession contained in this section is upon the expressed condition that the State of Georgia shall so far retain a concurrent jurisdiction with the United States over said lands and roads as that all civil and criminal process issued under the authority of this State may be extended thereon in the like manner as if this Act had not been passed, and upon the further expressed condition that the State shall retain a civil and criminal jurisdiction over persons and citizens in said ceded territory as over other persons and citizens of said State, and the property of said citizens and residents thereon, except lands and such other property as the general government may desire for its use; and that the property belonging to persons residing in said ceded territory shall be liable to State and county taxes, the same as if they resided elsewhere in said State, and that citizens of said State, in said ceded territory, shall retain all rights of State suffrage and citizenship; provided further, that nothing herein contained shall interfere with the jurisdiction of the United States over any matter or subject set out in the Acts of Congress establishing said National Park, approved Aug. 19, 1900, or with any law, rules or regulations that Congress may hereafter adopt for the preservation or protection of its property and rights in said ceded territory, and the proper maintenance of good order therein; provided further, that the cession shall not take effect until the United States shall have

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acquired title thereto, and provided for the improvement and maintenance of said road, and shall have filed a plat or map of the property so acquired in the office of the Secretary of the State. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 19, 1901.

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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, act creating amended. City Court of Albany, act creating amended. City Court of Bainbridge, act creating amended. City Court of Baxley, act creating amended. City Court of Buford, established. City Court of Carnesville, established. City Court of Dawson, act creating amended. City Court of Dublin, act creating amended. City Court of Eastman, act creating repealed. City Court of Early Courty, act creating amended. City Court of Elberton, act creating amended. City Court of Griffin, special bailiff for. City Court of LaGrange, act creating amended. City Court of Moultrie, established. City Court of Mount Vernon, established. City Court of Polk county, established. City Court of Sandersville, established. City Court of Valdosta, act creating repealed. City Court of Valdosta, established. City Court of Vienna, established. City Court of Waynesboro, established. County Court of Burke, abolished. County Court of Butts, act creating amended. County Court of Colquitt, abolished. County Court of Dooly, abolished. County Court of Franklin, abolished. County Court of Miller, fees of Solicitor-General. County Court of Warren, abolished.

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CITY COURT OF AMERICUS, ACT CREATING AMENDED. No. 183. An Act to amend an Act entitled an Act to establish the City Court of Americus, approved November 22nd, 1900, by amending section 26 of said Act so as to provide for a panel of eighteen jurors instead of twelve; and to further amend said Act by striking out all of section 28 and substituting in lieu thereof the following: That all cases and issues, civil or criminal, at that term of said City Court shall be tried by a jury of twelve, selected from said panel of eighteen; and in every case, civil or criminal, each party at issue shall 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 said City Court, except where they are inconsistent with the terms of this Act. In the event said panel of jurors should be less than eighteen, the Judge of said Court shall have power to fill it by causing talesmen to be summoned instanter. Also to amend section 39 of said Act by providing for the selection of a judge pro hac vice, 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 section 26 of the Act establishing the City Court of Americus, approved November 22nd, 1900, be, and the same is, hereby amended by striking out the word twelve in the fifteenth line of said section and inserting in lieu thereof the word eighteen. City court of Americus, act creating amended. SEC. II. Be it further enacted by the authority aforesaid, That all of section 28 of said Act establishing the City Court of Americus be stricken out, and the following be, and the same is, hereby substituted in lieu thereof, to-wit: That all cases and issues to be tried by a jury, civil or criminal, at that term of the said City Court, shall be tried by a jury of twelve, selected from said panel of eighteen; and in every case, civil or criminal, each party at issue shall 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 said City Court, except where they are inconsistent with the terms of this Act. In event the said panel of jurors should be less than eighteen, the judge of said court shall have power to fill it by causing talesmen to be summoned instanter. Juries in. SEC. III. Be it further enacted by the authority aforesaid, That

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section thirty-nine of said Act creating the said City Court be, and the same is, hereby amended by striking out all of the third and fourth lines of said section, and by striking out the word shall in the sixth line of said section, and substituting in lieu of the word shall so stricken, the word may, so that said section when amended shall read as follows: That whenever the judge of said City Court is from any cause disqualified from presiding, upon consent of the parties, or upon their failure or refusal to agree, said cause may be tried by a judge pro hac vice, selected in the same manner as now provided for in the Superior Courts. Judge, pro hac vice. SEC. IV. Be it further enacted by authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved November 4, 1901. CITY COURT OF ALBANY, ACT CREATING AMENDED. No. 192. An Act to amend section 5 of an Act to create the City Court of Albany, approved December 16th, 1897, so as to provide that the solicitor shall receive the sum of ten dollars for each written accusation prosecuted to trial or plea of guilty, 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 five (5) of the above recited Act be, and the same is, hereby repealed and in lieu and instead thereof it is hereby enacted as follows: That there shall be a solicitor of said City Court appointed and confirmed and with term of office similar to the judge of said court, whose duty it shall be to prosecute for all offenses cognizable before said court; he shall in all cases receive for each written accusation prosecuted to trial or plea of guilty ($10.00) ten dollars for each case, and whose fees for all other services rendered shall be the same as are allowed a Solicitor General of the Superior Court, but all such fees shall be paid into the county treasury by said solicitor as collected, and in lieu thereof he shall receive the sum of one hundred dollars per month, the same to be paid out of the county treasury. City court of Albany. Solicitor for, fees of. 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. Repealing clause. Approved November 15, 1901.

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CITY COURT OF BAINBRIDGE, ACT CREATING AMENDED. No. 220. An Act to amend an Act entitled 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, approved November 27, 1900, so as to provide that said court shall be established, located, and held in the city of Bainbridge, Decatur county, Georgia. 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 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, approved November 27, 1900, is hereby amended by adding thereto the following, to wit: That said city court of Bainbridge is hereby established and located in the city of Bainbridge, Decatur county, Georgia, and shall be held in said city. City court of Bainbridge, act creating amended. SEC. II. Be it further enacted, That this Act shall take effect upon the approval of an Act of the present General Assembly to incorporate the municipality of Bainbridge, in Decatur county, as one of the cities of this State, but this Act shall not become effective until the Act above mentioned shall become a law. 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. Repealing clause. Approved November 21, 1901.

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CITY COURT OF BAXLEY, ACT CREATING AMENDED. No. 326. An Act to amend sections seven and eight of an Act, approved December 1st, 1897, establishing the city court of Baxley, in Appling county, so as to provide that the clerk of the superior court, and the sheriff of Appling county, shall be the clerk and the sheriff of the city court of Baxley, respectively, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, section seven (7) of an Act, approved December 1st, 1897, establishing the city court of Baxley, in Appling county, be, and the same is, hereby amended by striking out of said section in the second and third lines thereof the words, to be appointed by the judge thereof, and by striking out the last clause of said section the words, the clerk of the superior court shall be eligible to hold this office, and adding at the end of said section the words, the clerk of the superior court of Appling county shall be clerk of said city court of Baxley, so that said section when so amended shall read as follows: Section 7. Be it further enacted by the authority aforesaid, That there shall be a clerk of said court, who shall hold his office for a term of two years. Before entering upon the discharge of his duties, he shall take a similar oath and give a similar bond to that required by this Act for the solicitor of said court, and the same shall be entered upon the minutes of said court. The fees of the clerk of said city court shall be the same as are now, or may hereafter be, allowed by law, to the clerk of the superior court. The clerk of the superior court of Appling county shall be clerk of said city court of Baxley. City court of Baxley. Clerk of. SEC. II. Be it further enacted by the authority aforesaid, That section eight of said Act be, and the same is, hereby amended by striking out of the second, third and fourth lines of said section the words, appointed by the judge thereof, and that the sheriff of Appling county may be eligible for said appointment, and inserting in lieu of said words the words, and the sheriff of Appling county shall be the sheriff of said court, so that said section, when so amended, shall read as follows: Section 8. Be it enacted by the authority aforesaid, That there shall be a sheriff of the city court of Baxley, and the sheriff of Appling county shall be the sheriff of said court, and in his official connection with said court shall be known as the sheriff of the city court of Baxley. Before

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entering upon the discharge of the duties of his office, he shall execute a bond, with good security, in the sum of five thousand dollars ($5,000.00) for the faithful discharge of the duties of the office. He shall have power, with the consent of the judge of said court, to appoint a deputy, who shall, before entering upon the discharge of the duties of his office, give a bond in the sum of two thousand dollars ($2,000.00), conditioned as the bonds of other deputy sheriffs. Said sheriff shall receive the same fees as are now, or may be hereafter, allowed by law, to the sheriff of Appling county, and for his attendance at the regular terms of said city court, he shall receive the same pay, to be paid him in the manner as now, or may hereafter be, allowed him, for similar service in the superior court of Appling county. Sheriff of. 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. Repealing clause. Approved December 16, 1901. CITY COURT OF BUFORD ESTABLISHED. No. 362. An Act to establish the city court of Buford, in the city of Buford, Gwinnett county; to define its jurisdiction and powers; to regulate proceedings therein, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the city court of Buford be, and the same is, hereby established, to be organized, located and held in the city of Buford, in Gwinnett county, Georgia, with jurisdiction, civil and criminal, in and over said city of Buford and all that portion of said Gwinnett county lying in the 550 district of said county. City court of Buford established. SEC. II. Be it further enacted, That said city court of Buford shall have jurisdiction in and over the territory aforesaid to try and dispose of all civil cases of whatsoever nature, where the principal amount claimed or involved exceeds fifty dollars, except those cases of which the Constitution of this State has given the superior court exclusive jurisdiction. The jurisdiction herein conferred shall include not only the ordinary actions sounding in contract or in tort or otherwise, and begun by petition and process, but also all other kinds of suits and proceedings of which

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the superior courts now or hereafter take cognizance under the common laws or by statute, including among others attachment and garnishment proceedings, illegalities, proceedings against intruders or against tenants holding over, partition of personalty, trover suits, actions for the recovery of personal property or for the conversion thereof, distress warrants and issues upon the same, counter affidavits to any proceedings from said court, foreclosure of all liens and mortgages, whether on real or personal property, statutory awards, claims to personal property, habeas corpus, possessory warrants and dispossessory warrants and proceedings upon same, and in general all kinds of suits and proceedings except those over which exclusive jurisdiction is vested in the superior court by the Constitution of the State, as heretofore stated. Jurisdiction of in civil cases. SEC. III. Be it further enacted, That said city court shall have jurisdiction to try and dispose of all criminal cases for crimes and offenses committed in the territory aforesaid, where the offense is below the grade of felony. In criminal cases. SEC. IV. Be it further enacted, That there shall be a judge and solicitor of said city court of Buford, who shall be appointed by the Governor of Georgia, by and with the advice and consent of the senate thereof, who shall each hold their respective offices for the term of four years, and until their successors are appointed and qualified respectively; and all vacancies in the offices of judge and solicitor shall be filled by appointment by the Governor for the residue of the unexpired term; such appointment being subject to confirmation by the senate, if then in session, and if the senate be not in session at that time, then subject to the approval of the senate at its next session thereafter. Such judge shall preside in and over said city court, and shall be clothed with and shall exercise all the powers possessed by the judges of the superior and city courts of this State, as well as those conferred by the provisions of this Act. He shall receive as his compensation the fees prescribed by this Act, and in addition thereto the mayor and council of the city of Buford may supplement his compensation by paying him not over $100.00 per year, payable monthly, which they are hereby authorized to so do, should they in their discretion see proper. Such judge may practice law in any court except his own. Judge and solicitor. SEC. V. Be it further enacted, That such judge shall be an attorney at law of good standing, and of at least four years' practice in the State of Georgia, at least 27 years of age, and he must have been a resident of Gwinnett county twelve months next preceding his appointment. He shall, before entering upon the discharge

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of his duties, take and subscribe the following oath: I solemnly swear that I will administer justice without respect to persons, and do equal justice to the poor and rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as judge of the city court of Buford, of this State, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State and the Constitution of the United States, so help me God. Which oath shall at once be filed in the executive department of the State. Judge, qualifications of. Oath of. SEC. VI. Be it further enacted, That there shall be a solicitor of said city court, as above stated, whose duty it shall be to represent the State in all cases therein, and all cases in the Supreme Court carried from said city court to which the State is a party, and generally to perform in said court the duties usually performed by the solicitors general of the several judicial circuits of the State so far as they are applicable. In case such solicitor cannot at any time attend to the duties of his office, the judge of this court shall appoint some competent attorncy to act as solicitor pro tem. The office of solicitor of said city court shall be filled as hereinbefore provided. Solicitor, duties of. SEC. VII. Such solicitor must be at least 25 years of age, of at least three years' practiee as an attorney at law in this State, and a resident of Gwinnett county at the time of his appointment, and before entering upon the discharge of his duties he shall take and subscribe the following oath, to-wit: I do solemnly swear that I will support and maintain the Constitution of the United States and the Constitution and laws of the State of Georgia, and that I will faithfully and impartially and without fear, favor or affection discharge my duties as solicitor of the city court of Buford, so help me God. Which oath shall be filed in said court and recorded in its minutes. Qualifications of. Oath of. SEC. VIII. For his services in said court the fees of the solicitor shall be as follows: For every case finally disposed of in said court, founded upon open accusation, ten dollars ($10.00); for every indictment or special presentment finally disposed of in said court, five dollars ($5.00); for every case for a violation of the gambling laws of the State finally disposed of, twenty-five dollars ($25.00); and for all services for which this section does not provide, he shall receive the same fees as allowed by law to solicitors general for similar services in the superior court. The foregoing fees are to be paid out of the fund arising from fines and forfeitures in said court, and the hire of convicts sentenced therein, as hereinafter provided. For representing the State in cases carried to the Supreme Court from said court, he shall receive for each

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$15.00 to be paid out of the treasury of the State, by warrant drawn by the Governor in the same manner as the solicitor general of the superior court is paid for like services rendered in the Supreme Court. Fees of. SEC. IX. The judge of said court shall be ex-officio clerk thereof, but he may, by order on the minutes, appoint a clerk, who shall hold office at the pleasure of said judge, and who shall be paid out of the judge's compensation on terms agreed on by them; and such clerk shall, before entering upon the duties of his office, take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered upon the minutes of said court; and he shall also at the same time give bond and security in the sum of $500.00, approved by the judge of this court, for the faithful discharge of the duties of his office, as is done by the clerk of the superior courts of this State. Clerk. Whenever the word clerk is used in this Act, it shall apply to and mean the ex-officio clerk; also, where the judge has not appointed any clerk. SEE. X. The clerk of said court shall issue subp[oelig]nas, issue and attach processes to petitions, issue executions on judgments and foreclosures of mortgages and other liens, the same bearing test in the name of said judge, and returnable as if issued by him, and the clerk may also administer oaths, attest affidavits, and shall record the writs and proceedings of the court and keep the records thereof and perform all other duties and have all the other powers required and conferred by law on the clerks of the superior courts of this State, so far as applicable. His compensation to be as above stated, and if no clerk is appointed, the judge as ex-officio clerk shall perform all said duties and have all said powers. Duties of. SEC. XI. Be it further enacted, That the judge of said court shall appoint, by an order entered in the minutes of said court, some good and suitable person as sheriff thereof, who shall hold office for the term of two years, unless sooner removed by said judge for reasons satisfactory to himself, and such sheriff before entering upon the duties of his office must take and subscribe an oath that he will faithfully perform the duties thereof, and at the same time must give bond and security in the sum of one thousand dollars, approved by the judge of this court, conditioned for the faithful discharge of the duties of his office, as is done by the sheriffs of the various counties of this State. Sheriff. SEC. XII. Said sheriff shall attend upon said court and serve its writs, processes, and the orders and other legal papers of said court, and the judge thereof, and shall serve summons of garnishments returnable to said court, and execute and levy attachments

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returnable thereto, and levy executions issued therefrom, summon juries, and shall make arrests and execute warrants, civil and criminal, and generally perform all the other duties imposed by law upon the sheriffs of the various counties of this State, so far as the same may be applicable to this court, and for these purposes the sheriff of the said city court is hereby authorized and empowered to serve papers, execute writs, processes, etc., levy fi. fas., attachments, etc., make arrests and execute warrants and perform any of the acts and duties above required of him, not only in the territory over which said city court has jurisdiction, but in and over the entire territory of the said county of Gwinnett, in and over which he shall have power and authority and be entitled to full recognition as an officer as aforesaid when performing the duties and functions above mentioned. Duties of. SEC. XIII. The compensation of said sheriff shall be made up entirely of fees which they are hereby authorized to charge and collect and to have taxed as costs, and have judgment and execution to issue instanter therefor, the same being as follows, to-wit: Fees of. For serving copy of a process and returning original, per copy, $ 1 00 For summoning each witness 30 For attending court, for each judgment rendered by the court whether with or without a jury 50 For each levy on fi. fa., or attachment or distress warrant 1 00 For search and return of nulla bona 50 For serving each summons of garnishment of rule against garnishee 50 For summoning jury to try a case of nuisance 2 50 For settling each execution in his hands, settled without sale 1 00 For taking each bond in civil cases 50 For taking each bond in criminal cases 1 00 For execution process against tenant holding over, or intruder upon land, to dispossess him 1 75 For taking and returning counter affidavit when process to dispossess tenant or intruder is resisted 1 00 For keeping a horse or mule per day 25 For serving, executing and returning a search or other warrant in criminal cases 2 00 For executing a search warrant 1 00 Commissions on sales same as county sheriff's, and for each and every other service required of him by law and the duties of his office, the sheriff shall receive the same fees as are by law allowed to the sheriffs of the various counties of the State for similar services in the superior court, and for services rendered when no compensation

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

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

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

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must be returnable to the superior court of the county of the residence of such garnishee, and further proceedings be had in said superior court. Garnishments against non-residents. SEC. XXVI. Be it further enacted, That scire facias to make parties in any case in said city court shall be had as in the superior court, but such scire facias shall run throughout the State and may be served by any sheriff or his deputy thereof. Scire facias SEC. XXVII. Be it further enacted by the authority aforesaid, That the judge of the city court of Buford shall have authority to issue criminal warrants, warrants to dispossess tenants holding over and intruders, to issue distress warrants, to issue attachments and garnishments, to attest deeds and other papers and to make affidavits anywhere in this State; and the judge, solicitor, clerk and sheriff and his deputy shall have power to administer all oaths and do all other official acts pertaining to their office, respectively, as such officers of the superior court may in like cases do. Said judge shall also have power to issue writs of habeas corpus and hear and determine the same as judges of the superior courts may do, to cause testimony to be taken, to be used de bene esse, and for the purpose of perpetuating testimony within his jurisdiction, and generally do all acts which the judges of the superior court of this State are authorized and required to do, unless otherwise provided in this Act; and the said judge of the city court of Buford shall have all power and authority, throughout his jurisdiction, of judges of the superior courts, except where by law the exclusive power and authority is vested in the judges of the superior courts, and all laws relating to and governing judges of the superior courts shall apply to the judges of the said city court so far as the same may be applicable, except as herein provided, and for performing any of the acts and duties above enumerated said judge shall be entitled to charge and collect and have judgment and execution for the same fees as are allowed by law to the justices of the peace or other officers of the State performing similar acts or duties. Judge and other officers, authority of. SEC. XXVIII. Be it further enacted, That the general laws of this State with regard to the commencement of suits in the superior courts, defenses, set-offs, affidavits and illegality, arbitration, making parties, examination of parties to suits or witnesses by interrogatories or under subp[oelig]na, witnesses and their attendance, continuances, or other matters of a judicial nature within the jurisdiction of said city court, shall be applicable to said city court. Practice in SEC. XXIX. Be it further enacted, That all judgments and proceedings of said city court shall have the same dignity and binding

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effect as judgments and proceedings of the superior court 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 for the property levied on, who shall proceed to advertise and sell the same as in case of levies made by himself. And special sales of perishable property or property liable to deteriorate or expensive to keep may be made by the sheriff of said city court under order of the judge thereof, which he is hereby authorized to make under proper showing under the usual rules and regulations governing such sales as provided in the Code of the State, except that the sales shall occur before the door of the building in which the city court is held, as above provided. All executions, attachments, scire facias, or other processes or writs from said court shall run throughout the State, and may be served or executed by any sheriff or his deputy in the manner as like writs or processes from the superior courts. Writs, processes, etc. SEC. XXX. Be it further enacted, That the judge of the city court shall have power to enforce his orders, to punish for contempt, to enforce his judgments, under the same rules and laws as judges of the superior courts. Contempt. SEC. XXXI. Be it further enacted, That all persons residing within the territorial jurisdiction of said city court and liable to serve as grand or petit jurors in the superior court of said county shall be liable to serve as petit jurors in said city court, and it shall be the duty of the clerk of said city court to copy into a book the list of all names of said persons to be taken from the list of said superior court under the supervision of the judge of said city court, and to make a new list as often as said superior court jury lists are revised to conform to said revision, which said book containing the list of persons so liable to serve as jurors in said city court, as above directed, shall be alphabetically arranged and shall be kept in the office of the clerk of said city court. The said clerk shall also make out tickets equal in number to the number of names in said list, and write upon each the name of one of the said persons and deposit the same in a box to be provided and numbered

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one until there shall be a ticket in said box bearing the name of each person on said lists. Jurors. SEC. XXXII. Be it further enacted, That whenever the judge shall find it necessary to summon a jury for any term of said court he shall, during the preceding term, in open court, draw from said box number one, sixteen names of persons to serve as jurors at the next term of said city court, and shall cause the clerk to record said names so drawn, and then place them in another box provided as above stated and numbered two. The boxes are to be so constructed as to be kept under one seal and lock, shall be kept sealed and shall not be opened by any person except the judge of said city court or the purpose of drawing juries in open court, except in cases where, from failure to draw a jury at term time or from any other cause, it may be necessary to draw a jury in vacation; and when jury-box number one is exhausted the tickets and names in box number two shall be placed in box number one, and the same process shall be gone over again and again, etc., etc. Should it become necessary to draw a jury in vacation the judge of said city court may at any time, fifteen days before the next term of said city court, proceed to draw juries in the same manner as above prescribed in the presence of the clerk and sheriff of the said city court. How drawn. The clerk shall keep said jury boxes and the sheriff of said court shall keep the key. SEC. XXXIII. The clerk shall make out a precept containing the names of the persons drawn as above directed and a summons for each juror and deliver the same to the sheriff of the said court fifteen days before the next term of said city court, who shall serve each of said persons by handing him a summons personally or leaving the same at his most notorious place of abode at least ten days before the term of said city court at which he is required to attend. Summons. SEC. XXXIV. Be it further enacted, That sixteen jurors shall be drawn, summoned, sworn and impaneled, and if by reason of non-attendance or disqualification of any of said regular panel the same is not full, the judge of said city court shall direct the same to be filled by tales jurors in the same manner as is done in the superior court; and jurors thus impaneled and sworn in shall each receive as compensation the sum of one dollar for every day of actual attendance. In civil cases each side shall strike two from the panel of sixteen, and in criminal shall strike three and the State one from said panel. But should both sides waive a jury of twelve, they each in civil cases have four strikes, and in criminal cases the State may have three strikes and the defendant five, thus reducing the jury to eight should both sides so desire. In

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all other respects the laws regulating the qualifications, relations, exemptions, impaneling, challenging and fining of jurors that may now or hereafter be of force in the superior courts in said county, that shall apply to and be observed in said city court, except when inconsistent with the provisions of this Act. Panel. Strikes. SEC. XXXV. Be it further enacted, That defendants in criminal cases of said city court of Buford may be tried on written accusation setting forth plainly the offense charged, founded on affidavit made by the prosecutor, and said accusation shall be signed by the prosecutor and the prosecuting officer of said court. And the defendant in any criminal cases shall not be entitled to indictment or presentment by the grand jury, but may be tried on written accusation as aforesaid. Upon such affidavit and accusation being made and signed and filed in the office of the clerk of said court, it shall be the duty of the judge thereof to issue a warrant for the apprehension and the arrest of the accused, directed to the sheriff of the city court of Buford and his deputies, and to all and singular the sheriffs and constables of said State. Accusation. SEC. XXXVI. Be it further enacted by the authority aforesaid, That when any criminal case in said city court is called for trial, and before the arraignment of the defendant, the judge shall inquire of the defendand whether he demands a jury, and the response of the defendant shall be entered upon said accusation or indictment and signed by the prosecuting officer of the court. If the defendant demands a trial by jury and the court is not sitting at a regular term, the judge shall admit the defendant to bail to appear at the next regular term, or on the defendant's failure to give bond shall commit him to jail to await his trial at the regular term. If the defendant waives trial by jury, then the judge of said court shall proceed to hear and determine such criminal case without a jury; provided, always, that a reasonable time may be granted the State or defendant to procure witnesses. If at any time in the trial of any criminal case it develops that the offense being tried is a felony, the judge shall suspend the trial and bind the defendant over to the superior court, and in such event the defendant shall have no right to plead former jeopardy. Arraignment. Bail. SEC. XXXVII. Be it further enacted, That it shall be the duty of all the justices of the peace and notaries public in Gwinnett county to bind over to said city court all persons charged with the offenses committed within the territorial limits of said city court, over which said city court has jurisdiction, to answer for said offenses. Cases returnable to. SEC. XXXVIII. Be it further enacted, That whenever the judge of said city court is from any cause disqualified from presiding,

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and the judge of the superior court cannot, from any cause, preside in said court as provided for in the Constitution, then upon consent of the parties or upon their failure or refusal to agree, said cause shall be tried by a judge pro hac vice selected in the same manner as now provided for in the superior court, and in case of the absence of the judge of said city court, at any term thereof, the sheriff or clerk of said court may adjourn it at such time as the judge may in writing direct, or if no direction be given, the court shall be adjourned to the next regular term. SEC. XXXIX. Be it further enacted, That all petitions shall be filed in the clerk's office of said city court at least twenty days before the term of the court to which they are returnable, and if filed within twenty days they shall be made returnable to the next term thereafter. The service of process shall be at least fifteen days before the return term. All suits shall stand for trial at the second term as in the superior court, the first term being the appearance or return term. All laws and rules that are now or may hereafter be of force in the superior courts of the State in regard to appearance and pleading, calling the appearance docket, defaults and opening of defaults, service, motions, waivers, acknowledgments, pleadings, trials, examinations of witnesses, conduct of cases, instructions to juries, rules of evidence, answers, demurrers, amendments, pleas, procedure and practice, legal remedies, the production of books, papers, etc., and other evidence, shall obtain in said city court, except as otherwise provided in this Act. Return day. Service. Practice. SEC. XL. Where said city court shall have jurisdiction of suits against one or more obligors, joint promisors, joint trespassers, joint tort-feasors or copartners, or against the maker or makers of a promissory note or other like instrument, and the other joint obligors, joint promisors, joint trespassers, joint tort-feasors or copartners or other endorsers of promissory notes, shall reside outside of the territorial limits of said city court and within the county of Gwinnett, or any other county or counties in this State, suit may be brought in the said city court of Buford, by the same action, against all the said joint obligors, joint promisors, joint trespassers, joint tort-feasors or copartners and against the makers and indorser or indorsers of promissory notes; and in such cases, where the other defendant or defendants reside in the said county of Gwinnett, outside the territorial limits of said city court, the sheriff of said court may make service upon him or them in the usual way just as if he lived in said limits, and where the other defendant or defendants reside in another county or counties of the State, then a second original or originals and copies thereof shall be made and forwarded to the sheriff of such other county or counties,

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respectively, to be served and returned with proper entries, etc., as is done in like cases in the superior courts of this State. Joint promisors, etc. SEC. XLI. In every civil and criminal case in said city court where a jury is demanded or required, a jury fee of three dollars shall be taxed as costs, and when paid, a separate account thereof shall be kept, out of which the juries of said court shall be paid, and such fees shall participate in the fines, forfeitures, etc., of said court; and if there is a deficit in the jury fees or in the incidental expenses, the mayor and council of Buford are authorized in their discretion to supply the same from the city taxes. Jury fees. SEC. XLII. The judge and sheriff of said city court are hereby authorized to use the jail of the city of Buford, or the common jail of the county of Gwinnett, either or both, as they may see proper, for the purposes of said court, either for the detention of the accused before trial or for the imprisonment after the trial and conviction, and if the county jail is thus brought into use the expenses shall be paid out of the funds arising from fines and forfeitures in said city court, and in the event there exists a deficiency, the mayor and council of the city of Buford are authorized to supply a fund for the payment of said jail expenses from the city taxes. Jail. SEC. XLIII. Be it further enacted, That the judge of said city court shall have power and authority to hire the convicts of said city court under and subject to the laws and regulations governing the hiring out of misdemeanor convicts of this State, and the money arising from such hire shall constitute a part of the insolvent fund of said court, and shall be paid out by said judge, together with the fines and forfeitures as provided in the next section of this Act, and in the event said judge cannot hire out said convicts advantageously, he is hereby authorized to turn them over to the city of Buford, to be worked by it on its chaingang on the streets, roads and public works thereof, or should said city of Buford not desire to use them, said judge is hereby authorized to turn them over to the proper authorities of the county of Gwinnett, to be by them treated and used as are the other misdemeanor convicts from the county and superior courts, and all the authorities of said county are hereby directed and required to receive such convicts when thus tendered them. Convicts, disposition of. SEC. XLIV. Be it further enacted, That at or within ten days after each regular term of said city court, and oftener if he shall deem proper to do so, the judge of said court shall distribute the fines and forfeitures and convict hire arising from cases tried in said court as follows: Fines, forfeitures and convict hire arising in cases which originate in said city court shall be prorated between the solicitor, judge and sheriff of the city court, and the

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justices of the peace and notaries public and ex-officio justices of the peace and constables, on their bills for insolvent costs; fines, forfeitures and convict hire arising from cases transferred from the superior court to the city court shall be prorated between the solicitor, judge and sheriff of the city court, the solicitor general and clerk and sheriff of the superior court and justices of the peace and constables on their bills for insolvent cost in transferred cases; the judge of the city court in each instance participating on the basis of the fees and costs usually going to the clerk for his services in such matters, as the judge under this Act, as part of his compensation, is to receive all the clerk's fees in said court, and is to employ a clerk, if he desires, out of his own pocket. If at any time there shall be a surplus of the insolvent funds arising from cases originating in the city court after paying all insolvent costs in cases originating in city court, the same shall be applied to insolvent costs in transferred cases, and if at any time there shall be a surplus of insolvent funds arising in transferred cases after paying all insolvent costs in transferred cases, the same shall be applied to insolvent costs in cases originating in the city court. If at the end of any year there shall be any surplus after paying the insolvent costs, the same shall go to assist paying juries' fees and incidentals of said court; the clerk of said court shall keep two listsone of the criminal cases transferred from the superior court, and the other of criminal cases originating in said city court, which lists shall show the names of the defendants, the disposition of the cases, the amount of cost to which each officer is entitled, the amount of fine and the amount of same paid to each officer, and at the same time or times above stated he shall make a report to the judge, and if the lists are found correct the judge shall approve said lists; if incorrect he shall correct and approve them. When said lists have been approved they shall be recorded on the minutes of said court. The judge shall, before paying bills for insolvent cost, approve the same and order them placed on the minutes of said court; and they shall be a lien on the insolvent funds superior to all other liens; and the clerk of said court shall also keep a book in which he shall open an account with each officer entitled to share in said insolvent funds, giving him credit for all bills of insolvent costs approved by the judge as aforesaid, and debiting him with all payments. All orders distributing such money shall be entered on the minutes of said court, and until distributed the funds are considered in the hands of the court, and the judge shall be the proper custodian thereof, and shall disburse the same by order as aforesaid. Fines, forfeitures and convict hire, how distributed. SEC. XLV. Be it further enacted, That the judge of said city

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court of Buford shall have power to grant a new trial in any case, civil or criminal, in his court, upon the same terms and conditions and under the same laws and regulations in every respect governing the granting of new trials in the superior court. All rules of pleading, practice and procedure governing motions, rules nisi, and other proceedings in new trials in the superior court, shall apply to and govern the same in said city court. Upon the new trial of the case either party in a civil cause, or the defendant in a criminal case, shall have the right to demand a jury trial without regard to whether or not the preceding trial or trials was with or without a jury. New trials. SEC. XLVI. Be it further enacted, That a writ of error shall lie direct from the said city court of Buford to the Supreme Court of this State upon a bill of exceptions filed under the same rules and regulations as govern and control the issuing of writs of error and filing of bills of exception in the superior courts of this State. Writs of error. SEC. XLVII. Be it further enacted, That any civil cases pending at any time in the superior court of said county, over which said city court would have had jurisdiction had it been brought in said city court, may by consent of all parties or their counsel be transferred at any time to the said city court for trial or disposition therein in the same manner as if it had in the first instance been brought in said city court. And in like manner any civil case pending in said city court may, by consent of parties and their counsel, be transferred to the superior court of said county for trial and disposition as if originally brought in said superior court. Transfers. SEC. XLVIII. 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 may take affidavits, etc. SEC. XLIX. Errors committed by said city court or by the judge thereof in judgments and rulings or otherwise in the trial of cases, or on other matters in said court or before said judge, may be corrected by writ of certiorari returnable to the superior court of Gwinnett 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.

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SEC. L. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 17, 1901. CITY COURT OF CARNESVILLE ESTABLISHED. No. 288. An Act to establish the city court of Carnesville, in Franklin county; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein and writs of error therefrom, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the city court of Carnesville is hereby established, to be organized, located and held in the city of Carnesville, with jurisdiction, civil and criminal, over the entire county of Franklin. City court of Carnesville established. Sec. 2. Be it further enacted by the authority aforesaid, That said city court of Carnesville shall have jurisdiction to try and dispose of all cases of whatever nature, except those cases over which exclusive jurisdiction is vested in other courts by the Constitution of the State of Georgia; provided, however, said city court shall not have original jurisdiction in civil cases where the amount involved is less than fifty dollars. Jurisdiction in civil cases. Sec. 3. Be it further enacted by the authority aforesaid, That said city court of Carnesville shall have jurisdiction to try and dispose of all criminal cases for all offenses committed in the county of Franklin where the offender is not subjected to loss of life nor confinement in the penitentiary. In Criminal cases. Sec. 4. Be it further enacted by the authority aforesaid, That there shall be a judge of said city court of Carnesville, who shall be appointed by the Governor, by and with the advice and consent of the senate, whose term of office shall be four years, and all vacancies in said office shall be filled by appointment of the Governor for the residue of the unexpired term, such appointment being subject to the approval of the senate, which may be then in session, or if the senate be not in session at the time of such appointment, or shall fail to act, then subject to the approval of the

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senate at its next session thereafter; provided, that the judge first appointed under this Act shall, if the senate be not in session or shall fail to act, hold and fill the office subject to the approval of the senate at the next session thereafter. The judge of the said city court of Carnesville shall receive a salary of five 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 Franklin. Judge. Sec. 5. Be it further enacted by the authority aforesaid, That any person who shall be appointed judge of said city court must at the time of said appointment be at least twenty-four years of age; he must also have been a resident of Franklin county at least two years immediately preceding his appointment, and must also have been a practicing attorney at law at least three years before his appointment, and before entering upon the discharge of the duties of his office he shall take and subscribe the following oath: I solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as judge of the city court of Carnesville, according to the best of my ability and understanding, according to the laws and Constitution of this State, and of the United States, so help me God. And said oath shall be forwarded to the Governor and filed in the executive department. Said judge shall have the right to practice law in all courts except the city court of Carnesville. Qualifications. Oath. Sec. 6. Be it further enacted by the authority aforesaid, That there shall be a solicitor of said city court of Carnesville, to be appointed by the Governor, by and with the advice and consent of the senate, whose term of office shall be four years, and all vacancies in said office shall be filled by appointment of the Governor for the residue of the unexpired term, such appointment being subject to the approval of the senate which may be then in session, or if the senate be not in session at the time of such appointment, or shall fail to act, then subject to the approval of the senate at its next session thereafter; provided, that the solicitor 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 fees of such solicitor shall be the same as are now provided for solicitors-general of the superior courts of this State. Said solicitor, before entering upon the duties of his office, shall give bond with good security in

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the sum of five hundred dollars, conditioned for the faithful discharge of the duties of his office, and shall in addition to the oath required of all civil officers take and subscribe the following oath: I do swear that I will faithfully and impartially and without fear, favor or affection discharge my duties as solicitor of the city court of Carnesville, so help me God. Said bond shall be payable to the Governor, shall be approved by the judge of said city court, and shall together with said oath be entered on the minutes of said court by the clerk, and may be sued on by any person interested. If for any reason said solicitor shall fail or be disqualified to act in any case, the court shall have power to appoint a solicitor pro tem. Solicitor. Bond. Oath. Sec. 7. Be it further enacted by the authority aforesaid, That the clerk of the superior court of Franklin county shall be exofficio clerk of said city court, and shall perform in said city court the same duties that are by law required of him as an officer of the superior court, so far as the same are applicable; and for his services he shall receive the same compensation he is entitled to receive for similar services in the superior courts. The clerk shall execute a bond in the sum of one thousand dollars, conditioned for the faithful discharge of the duties of his office, to be approved by the judge of said court and recorded on the minutes of said court. Clerk. Sec. 8. Be it further enacted by the authority aforesaid, That the sheriff of Franklin county shall, by virtue of his office, be sheriff of the city court of Carnesville, and in his official connection with said court shall be known as the sheriff of the city court of Carnesville. Before entering on the discharge of the duties of his office he shall execute a bond, with good security, in the sum of three thousand dollars, for the faithful discharge of the duties of his office. He shall have power, with the consent of the judge of said court, to appoint a deputy, who shall, before entering upon the discharge of the duties of his office, give a bond in the sum of one thousand dollars, conditioned as the bonds of other deputy sheriffs. Said bond shall be approved by the judge of said court and recorded on the minutes thereof. Said sheriff shall receive the same fees as are now, or may be hereafter, allowed by law to the sheriff of Franklin county, and for his attendance at the regular terms of said city court he shall receive three dollars per diem, to be paid in the manner as now, or as may hereafter, be allowed him for similar services in the superior court of Franklin county. Sheriff. Sec. 9. Be it further enacted by the authority aforesaid, That the judge of the city court of Carnesville is empowered to exercise

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the same authority over the clerk and sheriff and deputy sheriff of said court as may be exercised by the judges of the superior court over the clerks and sheriffs and deputy sheriffs in the counties of Georgia. Judge, authority of over officers. Sec. 10. Be it further enacted by the authority aforesaid, That the judge of the city court of Carnesville shall have authority to issue criminal warrants, warrants to dispossess tenants holding over, and intruders; to issue distress warrants; to issue attachments and garnishments; to attest deeds and other papers, and take affidavits anywhere in this State; and said judge, solicitor, clerk and sheriff and his deputy shall have power to administer all oaths, and do all other official acts pertaining to their offices, respectively, as the judge and other officers of the superior court may in like cases do. Said judge shall have power to issue writs of habeas corpus, and hear and determine the same as judges of the superior court may do; to cause testimony to be taken to be used de bene esse, and for the purpose of perpetuating testimony within his jurisdiction, and generally to do all acts which the judges of the county courts of this State are authorized to do, unless otherwise provided in this Act. And said judge of the city court of Carnesville shall have all the power and authority throughout his jurisdiction of the judges of the superior courts of this State, except where by law exclusive power and authority is vested in the judges of the superior court; and all laws relating to and governing judges of the superior courts shall apply to the judges of said city court, so far as the same may be applicable, except as herein provided. Judge, powers of. Sec. 11. Be it further enacted by the authority aforesaid, That the regular terms of the said city court of Carnesville shall be held quarterly, beginning on the second Monday in January, April, July and October of each year. The judge of said court shall have power to hold said court in session from day to day for a period not longer than one week from the beginning of each term; provided, said judge shall have the power to adjourn said court from day to day to the following week, if necessary to complete the trial of cases begun. Terms. Sec. 12. Be it further enacted by the authority aforesaid, That suits in said city court shall in all respects be conformable to the modes of proceedings in the superior courts, except as hereinafter provided; but the process to writs shall be annexed by the clerk of said city court, attested in the name of the judge thereof, and be directed to and served by sheriff of the said city court of Carnesville, or his deputy therein, and all executions issuing from said

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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 Carnesville, and to all and singular the sheriffs or their deputies of the State of Georgia. Practice. Sec. 13. Be it further enacted by the authority aforesaid, That in all matters pertaining to service and pleading and practice the laws governing in the superior court, where not inconsistent with this Act, and unless otherwise specially provided for in this Act, shall be applicable to said city court. Practice. Sec. 14. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power and authority to hear and determine all civil cases in which said court has jurisdiction, and to give judgments therein; provided, that either party in any civil cause pending in said court shall be entitled to a trial by a jury in said court upon entering a demand therefor by himself or his attorney in writing on or before the call of the appearance docket at the appearance term of said case in all cases in which such party may be entitled to a trial by jury under the Constitution and laws of this State. Trials. Sec. 15. Be it further enacted by the authority aforesaid, That said court shall have jurisdiction of all claim cases where personal property is levied under process from said court, which 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. 16. Be it further enacted by the authority aforesaid, That all laws upon the subject of attachments and garnishments in the superior courts of this State shall apply to said city court so far as the nature of the said city court will admit. The judge of said city court, or any other officer authorized by law to issue attachments, may issue attachments returnable to said city court under the same laws that govern the issuing of attachments in the superior courts, and all attachments returnable to the city court of Carnesville shall be directed to all and singular the sheriffs and constables of this State, and may be served by the sheriff of the city court or his deputy, or any sheriff or constable or other officer authorized by law to levy attachments returnable to other court. Attachments and garnishments. Sec. 17. Be it further enacted by the authority aforesaid, That garnishment proceedings in said city court shall be conformable to the laws in the State on the subject in the superior court. Garnishments. Sec. 18. Be it further enacted by the authority aforesaid, That all proceedings to make parties in any cause in the city court shall conform to the laws on that subject in the superior court. Parties.

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Sec. 19. Be it further enacted by the authority aforesaid, That the general laws of this State with regard to the commencement of suits in the superior courts, defenses, sets-off, affidavits of illegality, arbitrations, examinations of witnesses by interrogatories or under subpoena, witnesses and their attendence, continuances, motions for new trials, and all matters pertaining to pleading and practice, and all matters of a judicial nature within the jurisdiction of the said city court, shall be applicable to said city court. Practice. Sec. 20. Be it further enacted by the authority aforesaid, That the said city court of Carnesville shall be a court of record, and shall have a seal, and the minutes, dockets, records and other books and files that are required by law to be kept for the superior court shall be kept in and for said city court, and in the same manner; and all laws applicable to the duties of the clerk and sheriff of the superior court shall apply to them in the said city court, except where they conflict with the provisions of this Act; and the clerk of said court shall keep a record, upon which he shall file and record all delcarations in suits filed in said court, together with any pleas filed therein during or immediately after adjournment of court at the appearance term of such cases, the fee for recording same to be taxed in cost bill. Court or record. Sec. 21. Be it further enacted by the authority aforesaid, That all laws regulating the enforcement of judgment of the superior courts, whether civil or criminal, shall apply to said city court, and execution shall issue and be levied and sales be had thereunder, the same rules and laws regulating the same in the superior courts. Judgments. Sec. 22. Be it further enacted by the authority aforesaid, That the judge of the city court of Carnesville shall have the power to enforce his orders, to preserve order, punish for contempt, and to enforce all his judgments as is vested by law in the judges of the superior courts of this State. Contempt Sec. 23. Be it further enacted by the authority aforesaid, That traverse jurors in the city court of Carnesville shall be procured in the following manner: The clerk of said court shall provide a city court jury box, similar to the traverse jury box of the superior court, and shall write upon separate pieces of paper the names of each person upon the grand jury list of the superior court, and of each person upon the traverse jury list of the superior court, and shall place said names of all persons on said superior court list in the city court jury box, from which shall be drawn traverse juries to serve in the city court. All laws with reference to the drawing and summoning and empaneling traverse

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jurors in the superior court shall apply to the city court of Carnesville; provided, that the number of jurors so drawn shall be twelve instead of thirty-six, as provided for in the superior courts, and said city court judge shall have the same power to summon tales jurors for the city court that the judges of the superior courts have for the superior courts. Jurors in said city court shall receive the same pay and be paid in the same manner and under the same rules and regulations as jurors in the superior courts are or may hereafter be paid. The sheriff shall be entitled to a fee of two dollars for summoning the jurors for each term. Jurors. Sec. 24. Be it further enacted by the authority aforesaid, That all laws with reference to the qualification, empaneling, challenging and fining jurors now of force or hereafter to be enactted, regulating the same in the superior court, shall apply to and be observed in said city court, except when inconsistent with the provisions of this Act. In all cases where issues are to be tried by jury the parties shall be entitled to twelve jurors from which to strike. In 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 juries in the superior courts shall apply to the city court of Carnesville, unless inconsistent with this Act. Juries. Sec. 25. Be it further enacted by the authority aforesaid, That all civil cases pending in said city court in which a jury is demanded by either party, as provided in section 14 of this Act, and all criminal cases in which the defendant shall demand a jury, as provided in section 27 of this Act, a jury trial shall be had in term time under the provision of this Act by a jury of six men. All civil cases in which no jury is demanded by either party shall be tried by the court in term time, and all criminal cases in which no jury is demanded by the defendant shall be tried by the court either in term time or at any time between the regular terms of said court, and said court shall be open for the trial of such criminal cases at all times. Trials. Sec. 26. Be it further enacted by the authority aforesaid, That defendants in criminal cases in said city court of Carnesville may be tried on written accusation setting forth plainly the offense charged, which accusation shall be signed by the prosecution and by the prosecuting officer of said city court. Accusation. Sec. 27. Be it further enacted by the authority aforesaid, That when any criminal case in the city court, founded either upon indictment or presentment by a grand jury, or upon an accusation

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in said city court, is called for trial and before the arraignment of the defendant, the judge shall inquire of the defendant whether he demands a trial by jury, and the response of the defendant shall be entered on said indictment or accusation and signed by the prusecuting officer in said court. If the defendant demands a trial by jury and the said court is not sitting at a regular term, then the court shall admit the defendant to bail to appear at the next regular term, or on the defendant's failure to give bond shall commit him to jail to await his trial at a regular term. If the defendant waives trial by jury, then the judge of said court shall proceed to hear and determine such criminal cause without a jury; provided always, that a reasonable time may be granted the State or defendant to procure witnesses. Criminal cases, trial of. Sec. 28. Be it further enacted by the authority aforesaid, That the judges of the superior court of Franklin county may transfer any or all presentments or bills of indictment for misdemeanors to city court for trial, the orders so transmitting the same to be entered on the minutes of both courts. Transfers. Sec. 29. Be it further enacted by the authority aforesaid, That the judge of said court shall have the same power to appoint bailiffs at each term of the court the judges of the superior court have. Bailiffs. Sec. 30. Be it further enacted by the authority aforesaid, That writs of error direct from said city court of Carnesville 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. Sec. 31. Be it further enacted by the authority aforesaid, That the judge of the said city court of Carnesville 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 proceedure, governing motions for new trials in the superior courts, and the hearing and determination thereof in vacation or term time, shall apply to and govern the same in said city court. New trials. Sec. 32. Be it further enacted by the authority aforesaid, That the first term of said court to which a case is brought shall be the appearance or return term, and the next term thereafter shall be the judgment or trial term, and all the laws, rules and practices in the superior courts with reference to the terms thereof shall apply in the city court of Carnesville, unless in conflict with this Act, or otherwise provided herein. Appearance and trial terms

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Sec. 33. Be it further enacted by the authority aforesaid, That whenever the judge of said city court is from any cause disqualified from presiding in any case, and the judge of the superior court, on account of absence or other cause, shall fail to preside in said court, as provided in the Constitution of this State, then, upon consent of parties or upon their failure or refusal to agree, said cause may be tried by a judge pro hac vice selected in the same manner as now provided for in the superior courts. Judge, pro hac vice. Sec. 34. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power and authority to hire out convicts under and subject to the laws and regulations governing the hiring out of misdemeanor convicts of the State, and the money arising from such hire shall constitute part of the insolvent fund of said court, and shall be paid out by said judge, together with fines and forfeitures, as provided in section thirty-five of this Act. Convict hire. Sec. 35. Be it further enacted by the authority aforesaid, That at or within ten days after each regular term of said city court, and oftener if he shall deem proper to do so, the judge of said court shall distribute the fines and forfeitures and convict hire arising from cases tried in said court as follows: Fines, forfeitures and convict hire arising in cases which originate in said city court shall be prorated between the solicitor and clerk and sheriff of said city court, and justices of the peace and constables, on their bills for insolvent costs in cases originating in said city court; fines, forfeitures and convict hire arising from cases transferred from the superior court to the city court shall be prorated between the solicitor, clerk and sheriff of the city court, the solicitor-general, clerk, and sheriff of the superior court, and justices of the peace and constables, on their bills for insolvent cost in transferred cases. If at any time there shall be a surplus of the insolvent fund arising from cases originating in the city court, after paying all insolvent cost on cases originating in the city court, the same shall be applied to insolvent cost in transferred cases, and if at any time there shall be a surplus of the insolvent fund arising from transferred cases, after paying all insolvent costs in transferred cases, the same shall be applied to insolvent costs in cases originating in said city court. The judge of said city court shall, before paying insolvent bills, approve the same and order them entered on the minutes of said city court, and such bills for insolvent cost shall be a lien on said insolvent funds superior to all other liens. Fines, forfeitures and convict hire, distribution of. Sec. 36. Be it further enacted by the authority aforesaid, That the ordinary of Franklin county shall provide the necessary books for keeping the dockets, minutes, and records of said city court,

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and all other books and stationery necessary to run said city court, and that said city court shall be held in the court-house of Franklin county, in the city of Carnesville. Supplies for, and court house. Sec. 37. Be it further enacted by the authority aforesaid, That in misdemeanor cases transferred from the superior court to the city court of Carnesville, the cost of the solicitor-general of the circuit shall be five dollars, to be collected and paid as other costs in the said city court. Solicitor-general fees of. Sec. 38. Be it further enacted by the authority aforesaid, That the judge of the superior court of Franklin county may transfer all cases, civil or criminal, to the city court of Carnesville in term time or vacation. Transfers. Sec. 39. Be it further enacted by the authority aforesaid, That the several justices of the peace of said county in admitting defendants to bail in misdemeanor cases, and all other parties or officers taking bond for the appearance of any defendant who stands charged with a misdemeanor, shall make same returnable to said city court of Carnesville, either at term time or at such time as may be set or agreed upon in vacation for the trial of said case, whether the said case originates by accusation in said city court of Carnesville, or by indictment or presentment by the grand jury of said county. Criminal cases, returnable to. Sec. 40. Be it further enacted by the authority aforesaid, That upon the failure on the part of any defendant to appear and answer to any charge he may stand accused of in said city court at the time named in said bond, said bond shall be forfeited, either in term time or in vacation, by the officers of said city court, under the same rules and regulations as bonds are now forfeited in the superior court of this State, and the fees of the officers of said city court of Carnesville, in cases of forfeited bonds, shall be the same as are allowed by law to the officers of the superior courts of this State for like service. Forfeitures. Sec. 41. Be it further enacted by the authority aforesaid, That no person charged with an offense falling within the jurisdiction of said city court of Carnesville shall have the right to demand indictment by the grand jury before trial. No indictment. Sec. 42. Be it further enacted by the authority aforesaid, That all suits of every character now pending in the county court of Franklin county be, and the same are, hereby transferred to the city court of Carnesville, and all suits, together with processes, writs, summons, etc., returnable to said county court, shall be returned to said city court, and all criminal cases pending or made returnable to said county court shall be tried in said city court. County court of Franklin, cases in.

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Sec. 43. Be it further enacted by the authority aforesaid, That the solicitor for the city court of Carnesville shall represent the State in each criminal case carried to the Supreme Court from said city court, and shall receive a fee of fifteen dollars for each case so represented in the Supreme Court, to be paid out of the treasury of the State by warrant drawn by the Governor upon certificate of the clerk of the Supreme Court as to the performance of such services, and the certificate of the clerk of the city court of the insolvency or acquittal of the defendant. Solicitor. Sec. 44. Be it further enacted by the authority aforesaid, That this Act shall go into effect immediately upon its passage and approval of the Governor, and the first term thereof shall be on the second Monday in January, 1902. First term. Sec. 45. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 13, 1901. CITY COURT OF DAWSON, ACT CREATING AMENDED. No. 409. An Act to amend the Act passed in 1898 establishing the city court of Dawson, in Terrell county, so as to provide for additional jurors in said court to supply a full panel for the uninterrupted trial of cases, civil and criminal, pending therein, whenever in the discretion of the judge presiding it may be deemed necessary; to alter, amend and regulate the practice and modes of procedure in civil cases where the principal sum claimed or involved does not exceed one hundred dollars; to enlarge the jurisdiction of said court in suits brought to recover personal property or involving the title to personalty; to prescribe the costs in certain cases, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the above entitled Act establishing the city court of Dawson, in the county of Terrell, be, and the same is, hereby amended by adding to section 29, after the word jury and before the word if, in the twelfth line of said section, the following, to wit: Whenever it occurs that a jury may be out

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engaged in considering a case submitted to them, and in the discretion of the judge presiding it should be deemed advisable to have additional jurors to supply a full panel of sixteen (including those who are not on the jury then out considering of their verdict), then such judge shall instruct the sheriff or his deputy to promptly summon such number of competent talesmen as will be necessary to complete the panel of sixteen jurors, so as to thus provide for the uninterrupted trial of cases, civil and criminal, pending in said court. City court of Dawson Juries. Sec. 2. Be it further enacted by the authority aforesaid, That said city court of Dawson shall have jurisdiction of all suits regardless of the amount involved or claimed therein brought to recover personal property or involving the title to personalty; and any and all provisions in the above entitled Act limiting the jurisdiction of said court in civil cases to such as involve not less than fifty dollars shall not affect or apply to suits brought to recover personal property or involving the title to personalty. Jurisdiction. Sec. 3. Be it further enacted by the authority aforesaid, That all civil cases hereafter brought in said court, where the principal sum claimed or involved does not exceed one hundred dollars, shall be triable at the first quarterly term after service has been duly had on the defendant, and shall then be heard and determined, unless continued in the manner provided by law; and the right of trial by jury in such cases shall be preserved and allowed as provided by the terms of the aforesaid city court Act. Trial term. Sec. 4. Be it further enacted by the authority aforesaid, That the costs and fees in all civil cases, where the principal sum claimed or involved does not exceed one hundred dollars, shall be the same as were allowed to the clerk and sheriff under and by virtue of the county court law heretofore of force in said county prior to its repeal by the Act passed in 1898, and found on page 339 of the published Georgia laws of 1898. The clerk of said city court shall not be required to record the pleadings in such civil cases herein referred to, but shall file them in the same manner as such proceedings and pleadings were kept and filed under the provisions of the county court law herein quoted and mentioned. In all such cases, however, verdicts and judgments rendered therein shall be recorded on the minutes of said city court, together with any other orders had in such cases; and for entering such verdicts, judgments and orders on the minutes, the clerk shall receive as costs seventy-five cents for each of such entries. For each verdict rendered by a jury in this class of cases, the sheriff shall receive seventy-five cents as

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his costs. Nothing in this section shall affect the costs now allowed these officers in cases involving more than one hundred dollars. Costs. Sec. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 18, 1901. CITY COURT OF DUBLIN, ACT CREATING AMENDED. No. 245. An Act to amend in Act, approved December 6, 1900, entitled 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, so as to provide that the sheriff of the city court of Dublin shall serve all criminal and civil processes issued from, or transferred to, said city court of Dublin, and so as to authorize said sheriff of the city court of Dublin to serve any other process issued from any court of this State; by repealing so much of said Act making the clerk of the superior court of Laurens county ex-officio clerk of the city court of Dublin; also providing that processes issued from said city court of Dublin shall be directed to the sheriff of the city court of Dublin and his lawful deputies, and providing further for the sheriff of Laurens county serving processes issued from said city court, 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 on and after the passage of this Act section 16 of said Act be, and the same is, hereby amended by adding after the words city court, in the 6th line of said section, the following words, to wit: Said sheriff shall serve all processes of whatever kind, both civil and criminal, issued from or transferred to said city court, and shall be authorized to serve and execute all warrants and processes issued from any other court of the State of Georgia just as fully and completely as the sheriff of Laurens county, so that said section when amended shall read as follows, to wit: Section 16. Be it further enacted, That there shall be a sheriff of said city court who shall

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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. Said sheriff shall serve all processes of whatever kind, both civil and criminal, issued from or tranferred to said city court, and shall be authorized to serve and execute all warrants and processes issued from any other court of the State of Georgia just as fully and completely as the sheriff of Laurens county. For services rendered in the discharge of their duties as such sheriff and deputy sheriffs of said city court of Dublin, 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 discharge 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 Laurens county. The sheriff of Laurens county shall be eligible to hold the office of sheriff for the city court of Dublin, and may, if the judges see 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. City court of Dublin. Sheriff for duties and fees of. Sec. 2. Be it further enacted by the authority aforesaid, That section 21 of said Act be, and the same is, hereby amended by striking from said section 21 of said Act, beginning at the word the in the second line of said section, the following words, to wit: The clerk of the superior court, who shall be ex-officio clerk of the city court of Dublin, or his deputies for said city court of Dublin, and inserting in lien thereof the following words: The clerk of the city court of Dublin, so that said section when amended shall read as follows, to wit: Section 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 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

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court lists in the city court jury box, from which shall be drawn traverse jurors to serve in the city court of Dublin. All laws with reference to the drawing and summoning and empaneling of traverse jurors in the superior court 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 summon as many jurors instanter as is necessary for the trial of 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 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 jurors in the superior courts are paid, or hereafter may be paid. Jurors. Sec. 3. Be it further enacted by the authority aforesaid, That section 24 of said Act be, and the same is, hereby amended by striking out, after the word the in the tenth line of said section 24, the words, to wit: Laurens county, and the sheriff of the, and inserting in lieu thereof the following words, to wit: Which process may be served by the sheriff of the city court of Dublin, or his lawful deputies thereof, or any other officer of Laurens county who are authorized by law to serve processes issued from the superior court of Laurens county, so that said section 24 when so amended shall read as follows, to, wit: Sec. 24. Be it further enacted, That sales made under execution or other process from the quarterly terms shall be governed by the same rules and regulations as under superior court executions, and sales made under executions or other process from the monthly terms may be made after advertising the property ten days at three public places in Laurens county. All other sales shall be made under rules prevailing and governing in the superior court. All executions issuing from said city court shall be attested in the name of the judge, and signed by the clerk of said court, or his lawful deputy, and directed to the sheriff of the city court of Dublin, and his lawful deputies, which process may be served by the said sheriff of the city court of Dublin, or his lawful deputies, or any other officer of Laurens county who are authorized by law to serve processes issued from the superior court of Laurens county. Executions from, sales under. Sec. 4. Be it further enacted by the authority aforesaid, That

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all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Nov. 29, 1901. CITY COURT OF EASTMAN, ACT CREATING REPEALED. No. 212. An Act to repeal an Act entitled an Act to establish the city court of Eastman, in the city of Eastman, in and for the county of Dodge; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define the power of the judge and the 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 the authority of the same, That the above and foregoing entitled Act be, and the same is, hereby repealed, and the city court of Eastman, in the city of Eastman, is hereby abolished. City court of Eastman abolished. Sec. 2. Be it enacted by the authority aforesaid, That all suits pending in said court, all summonses, processes and all litigation of every nature and character pending in said court or returnable thereto, be, and the same are, hereby transferred to the superior court of Dodge county. Suits, etc., in, transferred to superior court. Sec. 3. Be it enacted further, That the terms of this Act shall go into effect immediately upon its approval by the Governor. Sec. 4. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and they are hereby repealed. Repealing clause. Approved Nov. 20, 1901.

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CITY COURT OF EARLY COUNTY, ACT CREATING AMENDED. No. 373. An Act to amend an Act creating a city court for the county of Early, approved Dec. 19, 1900, so as to provide for the jurisdiction of said court in trover cases; the time when trials by jury shall be had in said court; the fees to be paid the sheriff for summonsing jury in said court, and to the sheriff and clerk for attendance on said court, and to the clerk in criminal cases; to fix the fees of the solicitor in said court; to regulate the form and substance of the affidavit and accusation in the criminal procedure; to provide for the disposition of moneys arising from the fines and forfeitures, and the hire of convicts from 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 authority of the same, That an Act of the General Assembly of Georgia, approved Dec. 19, 1900, and embodied in the Acts of 1900 of General Assembly, as published by the State of Georiga, which Act creates a city court for Early county, and provides for the appointment of a judge and solicitor for the same, and sets forth its powers, jurisdiction and procedure, be, and the same is, hereby amended as follows: City court of Early county. 1. By adding to section 1 of said Act the words: Provided further, That said court shall have jurisdiction in trover suits over the entire county without reference to the amount of damages claimed, so that said section when amended shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the city court of 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 said county of Early, save where exclusive jurisdiction is vested in the superior court; provided, said court shall not have jurisdiction 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; provided further, that said court shall have jurisdiction in trover suits over the entire county without reference to the amount of damages claimed. Jurisdiction in trover cases.

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2. By striking out that portion of section 4 of said Act beginning with the word said in eighth line of said section 4, and ending with the word term, in the fourteenth line of said section 4, the words so stricken being the following: 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 the minutes of said court at least ten days before such special term convenes, and he may order the jurors drawn at the last preceding term of said court to serve at said special term of court, or he may draw a jury for such special term. Also by adding immediately after the word waived in the sixteenth line of said section 4 the words provided further, that jury trials shall be had in said court only at the quarterly sessions thereof, so that said section as amended shall read as follows: Sec. 4. Be it further enacted, That the term 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 power 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; provided, that said court shall be open at all times for the disposal of criminal business where jury trial is waived; provided further, that jury trials shall be had in said court only at quarterly sessions thereof. 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 damages 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 plaintiff is present consenting thereto the case may be heard at the first term. Otherwise the case will 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 the 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 suit in the office of the clerk and to serve the defendant ten days preceding the return of the suit. Jury trials 3. By striking out in the third line of section 6 of said Act the

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words two dollars, and inserting in place thereof the words three dollars. By adding at the end of said section 6 the words for attendance per diem upon said court the clerk shall receive one-half the fees allowed for same service in the superior court, the same to be paid out of the county treasury, so that said section when amended shall read as follows: 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, three dollars, which shall include his whole fees, exclusive of subpoenas. In all civil cases he shall be allowed where suits are for five hundred dollars or less for filing declaration and filing case, twenty-fivecents; for issuing writ and making copy, fifty cents; each additional copy, twenty-five cents; each subpoena, fifteen cents; subpoena 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 warrant, one dollar; docketing distress or other warrants not provided for, twenty-five cents; provided further, that when the amount 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 courts. For attendance per diem upon said court the clerk shall receive one-half the fees allowed for same service in the superior court, the same to be paid to him out of the county treasury. Clerk, fees of. 4. By adding at the end of section 7 of said Act the words the fees per diem of said sheriff for attendance upon said court in session and for summonsing jury in said court shall be one-half of the fees allowed for similar service in the superior court, the same to be paid him out of the county treasury, so that said section when amended shall read as follows: Sec. 7. Be it further enacted, That the sheriff of said court shall receive as cost 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 services in the superior court. The fees per diem of said sheriff for attendance upon said court in session and for summonsing jury in said court shall be one-half of the fees allowed for similar service in the superior court, the same to be paid him out of the county treasury. Sheriff, fees of. 5. By adding after the word State in the eighth line of section

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11 of said Act the words which affidavit in matter of substance shall be deemed sufficient when conforming to the law governing affidavits the basis of criminal warrants; provided, that the accusation may be based upon the affidavit in the proceedings under which the defendant is arrested and brought into said court when otherwise sufficient, as set forth in this section; provided further, that one or more counts may be joined in the accusation upon the affidavit where counts may be joined in bills of indictment according to the rules of criminal pleading, so that said section when amended shall read as follows: Sec. 11. Be it further enacted, That all criminal cases tried in the city court aforesaid shall be upon a written accusation, unless upon an indictment or presentment. Such accusation shall set forth painly the offense charged, and shall conform as to all matters of substance with the rules of criminal pleading that prevail in the superior court. 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, which affidavit in matter of substance shall be deemed sufficient when conforming to the law governing affidavits the basis of criminal warrants; provided, that the accusation may be based upon the affidavit in the proceedings under which the defendant is arrested and brought into court when otherwise sufficient, as set forth in this section; provided further, that one or more counts may be joined in the accusation upon the affidavit where counts may be joined in bills of indictment according to the rules of criminal pleading. The said accusation shall be signed by the solicitor of said court, or the attorney representing the State, and having endorsed 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 procedent to trial. Criminal cases, pleadings in and trial. 6. By inserting after the number 1102 in the second line of the fifteenth section of said Act the words of volume 3 of the Code of Georgia of 1895, so that said section 15 so amended shall read as follows: Sec. 15. Be it further enacted, That the provisions of sections 775, 779 and 1102 of volume 3 of the Code of Georgia of 1895, be, and are hereby, made applicable to the city court of Early county.

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Sec. 2. Be it further enacted, That the provisions of section 11 of an Act of the General Assembly of the State of Georgia, approved Dec. 15, 1897, the same being an Act to create the city court of Camilla, and defining its powers, jurisdiction and procedure, and providing for the appointment of a judge and solicitor for the same, said section 11 relating to the terms of said city court of Camilla, in so far as they apply to the city court of Early county, are annulled and abrogated. Terms. Sec. 3. Be it further enacted, That the provisions of section 36 of said city court of Camilla, in so far as they now apply to the city court of Early county, the provisions of said section 36 relating to the distribution of the fines and forfeitures arising in said court, be, and the same are, hereby annulled and abrogated, and in place thereof the following shall be enacted: The judge of said city court of Early county shall distribute the money arising from fines and forfeitures and the hire of convicts to the costs due officers in said court, including justices of the peace and constables, and to the jury fee, as hereinbefore provided, the money arising from each conviction first to be applied to the costs in that case, and should there be any left the remainder to be prorated to insolvent costs, and the balance to be paid into the county treasury. The said judge, for the purposes aforesaid, shall be paid over all money arising from the hire of convicts convicted in said court. Should the county authorities desire to employ said convicts on the public works of the county, then an amount for each convict shall be paid to said judge equal in amount to the highest offer made for the hire of said convict lodged with said authorities in good faith; provided the said amount so paid by the authorities shall in no event exceed $10.00 per month for each month said convict may be sentenced to the chain gang. Fines, forfeitures and convict hire, distribution of. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Repealing clause. Approved Dec. 17, 1901.

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CITY COURT OF ELBERTON, ACT CREATING AMENDED. No. 267. An Act to amend an Act establishing the city court of Elberton, in Elbert county, approved December the 19th, 1896, by adding at the end of section 26 of said Act the following words, to wit: and founded upon affidavit. 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 establishing the city court of Elberton, in Elbert county, approved December the 19th, 1896, be, and the same is, hereby amended by adding at the end of section 26 of said Act the following words, to wit: and founded upon affidavit, so that said section when so amended shall read as follows, to wit: Sec. 26. Be it further enacted by the authority aforesaid, That defendants in criminal cases in said city court of Elberton may be tried on written accusation setting forth plainly the offense charged, which accusation shall be signed by the prosecutor and by the prosecuting officer of the city court, and founded upon affidavit. City court of Elberton. Accusation in. Approved Dec. 5, 1901. CITY COURT OF GRIFFIN, SPECIAL BAILIFF FOR. No. 364. An Act to authorize the judge of the city court of Griffin to appoint a special bailiff for said court, and to prescribe his duties and powers, and to fix his fees and compensation for services performed, and bond to be given by such bailiff, 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 that the judge of the city court of Griffin shall have the power and authority to appoint a special bailiff for said court, who shall be known as the special bailiff of the city court of Griffin, whose term of office shall be for two years, subject to removal at any time in the discretion of said judge; and if any vacancy shall occur by removal by said judge, or by

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resignation of such bailiff, such vacancy may be filled at any time by said judge's order, appointing another special bailiff for the unexpired term, subject to be removed as aforesaid at any time in the judge's discretion. City court of Griffin. Bailiff for. Sec. 2. Be it further enacted by the authority aforesaid, That the duties and powers of said special bailiff shall be to execute, enforce, serve and return any and all processes, orders, warrants or precepts, mesne or final, issued by said judge, or out of said court, or returnable thereto, when placed in his hands for that purpose. He shall, by the order of said judge, attend all regular, adjourned or special terms of the city court of Griffin, and when so attending shall have the same powers as are now conferred by law on the sheriff of Spalding county in connection with said court. Before entering upon the discharge of his duties said special bailiff shall take and subscribe before said judge an oath to faithfully and promptly perform, to the best of his ability, all the duties of his office, and shall give bond with good security in the sum of one thousand dollars, to be approved by the commissioners of roads and revenues of Spalding county, for the faithful performance of his duties, which bond he may be required to increase at any time in the discretion of said judge. Said bond shall be payable to the Governor of Georgia, and his successors in office, and his liability on said bond shall be the same as that of sheriffs of this State on their bonds, in favor all concerned, and may be enforced in the same manner. For such services as said bailiff shall perform under this Act he shall be entitled to charge and receive the same fees and compensation as are allowed to the sheriff of said county for similar services when performed by him. Said special bailiff shall be subject to rule in said court for the same causes as sheriffs are liable to be ruled for, and for disobedience of the orders, processes and mandates of said judge or court, and for failure to perform his duties, he shall be subject to the process of and punishment for contempt. Nothing in this Act contained shall relieve the sheriff of Spalding county from the performance of any duty now required of him by law in connection with said court, when required by said judge or said court to perform the same, and the order, process, warrant or execution shall be placed in his hands to be served or executed. Duties and fees. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 17, 1901.

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CITY COURT OF LA GRANGE, ACT CREATING AMENDED. No. 401. An Act to amend an Act establishing the city court of La Grange, in Troup county, to define its jurisdiction and powers, and for other purposes, approved December 19th, 1899, so as to provide for sheriff's fees in certain cases, and to provide for the reimbursement of the county for certain expenses incurred in criminal cases. 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 8 of an Act, approved December 19th, 1899, establishing the city court of La Grange, defining its jurisdiction and powers, and for other purposes, be, and the same is, hereby amended by adding to said section the following words: Said sheriff shall receive five dollars for summoning the juries at each quarterly session of said court, so that said section shall read as follows: Sec. 8. Be it further enacted by the authority aforesaid, That the sheriff of Troup county, by virtue of his office, shall be sheriff of the city court of La Grange. He shall have power, with the consent of the judge of said court, to appoint a deputy, who shall, before entering upon the discharge of the duties of his office, give a bond in the sum of two thousand dollars, conditioned as the bond of other deputy sheriffs. Said sheriff shall receive the same fees as are now, or may hereafter be, allowed to the sheriff of Troup county, except in cases where the principal sum sued for or involved is one hundred dollars or less, he shall receive one dollar as his fee for serving such process. For his attendance at the regular term of said city court of La Grange he shall receive the same pay as now allowed him, or that may hereafter be allowed him, for similar service in the superior court of Troup county. Said sheriff shall receive five dollars for summoning the juries at each quarterly session of said court. City court of LaGrange. Sheriff, fees of. Sec. 2. Be it further enacted, That said Act shall be amended by adding the following section: Out of the money arising from fines, forfeitures and convict hire in any criminal case in said city court, the county of Troup shall be reimbursed any amount paid out by said county for bringing the prisoner or prisoners to the jail of said county, either from committal courts or from other counties or States, and the fees of nonresident witnesses in the particular case. Expense of county in criminal cases, how paid.

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Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 18, 1901. CITY COURT OF MOULTRIE ESTABLISHED. No. 189. An Act to establish a city court of Moultrie, in the city of Moultrie, in and for the county of Colquitt; 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, That from and after the passage of this Act the city court of Moultrie, in the city of Moultrie, in the county of Colquitt, is hereby established and organized, to be held in the city of Moultrie, with jurisdiction, civil and criminal, and quasi criminal and quasi civil, over the entire county of Colquitt, State of Georgia. City court of Moultrie established. Sec. 2. Be it further enacted, That said city court of Moultrie shall have jurisdiction to try and dispose of all cases of whatever nature, except cases over which exclusive jurisdiction is vested in other courts; provided, that in civil causes involving less than fifty dollars, the defendant shall not be taxed with more court costs than would have been necessary had said cause been brought into a justice court; provided, however, this provision shall not apply in causes over which the justice court has no jurisdiction. Jurisdiction. Sec. 3. Be it further enacted, That said city court of Moultrie shall have jurisdiction to try and dispose of all criminal cases for all offenses committed in the county of Colquitt, 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 Moultrie, who shall be appointed by the Governor, by and with the advice and consent of the senate, whose term of office shall be for the term of four years, and all vacancies shall be filled by appointment by 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

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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 said city court of Moultrie shall receive a salary of seven hundred and fifty ($750.00) dollars per annum, which shall not be increased nor diminished during his term of office, and shall be paid monthly out of the treasury of the county of Colquitt. Judge. Sec. 5. Be it further enacted, That any person who shall be appointed judge of said court must at time of such appointment be at least twenty-six years of age, must also have been a resident of Colquitt county three years immediately preceding such appointment, and must also have been a practicing attorney for at least three 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 of persons, and do equal rights to the poor and rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as judge of the city court of Moultrie, 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. Sec. 6. Be it further enacted, That the judge of the city court of Moultrie shall have the right to practice law in all the courts except said city court, the Supreme Court on writs of error from said city court, and in any case originating in said city court. Sec. 7. Be it further enacted, That there shall be a solicitor of said city court of Moultrie, to be appointed by the Governor, with the approval of the senate, whose term of office shall be two years; provided, however, the first term of his office shall expire on January 1st, 1903. 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-two years of age, must also have been a resident of said county of Colquitt two years immediately before such appointment, and must have been a practicing attorney at least two years before his appointment. The solicitor shall have five dollars

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for preparing each accusation in said court, and all other fees for said solicitor shall be as the solicitor general of the superior courts of this State, except his fee shall be five dollars for any prosecution to trial or plea of guilty in cases for violation of the gaming laws. And it shall be the duty of said solicitor to represent the State in the Supreme Court in all writs of error from said city court of Moultrie, for which services he shall be paid out of the treasury of the State the same sums paid solicitors general for similar services. Said solicitor, before entering upon the duties of said office, shall give bond with good security in the sum of one thousand ($1,000.00) dollars, conditioned for the faithful discharge of the duties of his office, and shall, in addition to the oath required of all civil officers, take and subscribe the following oath: I do swear that I will faithfully and impartially, and without fear, favor or affection, discharge my duties as solicitor of the city court of Moultrie, 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. Bond. Oath. Sec. 9. Be it further enacted, That the clerk of the superior court of Colquitt 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; provided, that in cases where the principal sum claimed is for less than five hundred ($500.00) dollars, then his costs shall be half of such superior court costs. The clerk shall execute a bond in the sum of two thousand dollars, payable to the Governor, conditioned for the faithful discharge of his 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 the 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 Colquitt 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, in the sum of three thousand

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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 sheriff of Colquitt county shall fail to qualify as sheriff of said city court, the judge of said city court shall appoint a sheriff for said court. The sheriff of said court shall have power to appoint deputies as the business of the court may require, who shall give such bonds as are required of such deputy sheriffs. Said sheriffs shall receive such fees as the sheriff of Colquitt county, now, or hereafter may be allowed, except in civil cases where the principal amount involved is less than five hundred ($500.00) dollars, then his fees shall be half the amount allowed in superior court for such services. Sheriff. Sec. 11. Be it further enacted, That the said judge of the city court of Moultrie shall be empowered to exercise the same authority over the clerk and sheriff and deputy sheriff of said county as may be exercised by the judge of the superior court over the clerk, sheriff and deputy sheriff in the superior court of said State. Judge, authority over officers. Sec. 12. Be it further enacted, That the judge of the city court of Moultrie 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 issue any other writs, warrants, orders or process, the power to issue which is not given exclusively to some other court, judge or officer by the Constitution of the State; said judge, solicitor, clerk, sheriff and his deputies have power to administer all oaths and do all other official acts pertaining to their offices respectively as the judge and other officers of the superior court may in like cases do. Said judge shall have power to issue writs of habeas corpus, and determine the same, as the 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 county courts of this State are authorized to do unless otherwise provided in this Act; and said judge of the city court of Moultrie 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 superior court judges; and all laws relating to and governing judges of superior courts shall apply to the judge of the said city court, so far as the same may be applicable, except as herein provided. Judge, powers of.

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Sec. 13. Be it further enacted, That the regular terms of said city court shall be quarterly, beginning on second Monday in February, May, August and November 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 be necessary, and to adjourn the same from one day to another as he may see proper. Terms of. Sec. 14. Be it further enacted, That suits in said city court shall, in all respects, be conformable to the modes of proceedings in the superior courts, except as herein provided, but the process to the 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 said city court of Moultrie, 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 Moultrie, and all and singular the sheriffs, or their deputies, of the State of Georgia. Procedure. Sec. 15. Be it further enacted, That in all matters pertaining to service and pleading and practice, and all other legal procedure, the laws governing in the superior court shall be applicable to said city court, unless otherwise provided in this Act. Practice. Sec. 16. Be it further enacted, That the judge of the 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 a jury in all cases in which said parties may be entitled to a trial under the Constitution and laws of this State. Trials. Sec. 17. Be it further enacted, That said court shall have jurisdiction of all claim cases where personal property is levied on under process from said court, which claims shall be tried in the same manner as claims in the superior court, except that the pleadings in the case shall make the issue, and it shall be unnecessary for the parties to tender and join issue in claim cases as is practiced in other courts. Claim cases. Sec. 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 said city court will admit. The judge of said city court, or any other officer authorized 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 Moultrie shall be directed to the sheriff, or his deputy, of the city court of Moultrie, and to all and singular the

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sheriff and constables of this State, and may be served by the sheriff of the city court, or his deputy, or any sheriff or constable, or other officer authorized by law to levy attachments returnable to other courts. Attachments and garnishments. Sec. 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. Garnishments. 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, depositions or otherwise, witnesses and their attendance, continuances, motions for a 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 said city court of Moultrie shall be a court of record, and shall have a seal, and the minutes, dockets, records and other books and files that are required by law to be kept for the superior court, shall be kept in and for said city court, and in the same manner; and all laws applicable to the duties of the clerk and sheriff of the superior court shall apply to them in the said city court, except where they conflict with the provisions of this Act. Court of record. Sec. 23. Be it further enacted, That all laws regulating the enforcement of the judgments of the superior court, whether civil or criminal, shall apply to said city court, and executions shall be issued and be levied and sales be had thereunder under the same rules and laws regulating the same in the superior court. Judgments, how enforced. Sec. 24. Be it further enacted, That the judge of the city court of Moultrie shall have the power to enforce his orders, preserve order, punish for contempt and to enforce all his judgments in the same manner as the judge of the superior court. Contempt. Sec. 25. Be it further enacted, That the traverse jurors in the city court of Moultrie shall be procured in the following manner: The clerk of said city court shall provide a city court jury box, similar to the traverse jury box of the superior court, and shall write upon separate pieces of paper the name of each person upon the grand jury list and the petit jury list of the superior court, and shall place said names in the city court jury box, from which shall

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be drawn the jurors to serve in the city court. All laws with reference to the drawing and summoning and the empaneling traverse jurors in the superior court shall apply to the city court of Moultrie; 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 said city court that the judges of superior courts have for the superior courts. Jurors in the said city court shall receive each one dollar for each day's service as jurors, and be paid in the same manner and under the same rules and regulations as jurors in the superior courts are, or may hereafter, be paid. Jurors. Sec. 26. Be it further enacted, That all laws with reference to the disqualification, impaneling, challenging, fining or in anywise 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 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. Juries 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 or in vacation, and said court shall be open for trial of crimnial cases at all times. If at any time a defendant may 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 on the jury list of said city court, for the trial of such criminal cases, and said jury shall be empanelled 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 the defendant in criminal cases in said city court of Moultrie may be tried on written accusation founded on affidavit, which accusation shall be signed by the prosecuting officer of said county. No person charged with an

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offense within the jurisdiction of said court shall have the right to demand an indictment by the grand jury of Colquitt county before trial. Accusation. 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 term of the superior court, according to the law of bail and commitment, and the proceedings shall be transmitted to the superior court. Criminal cases transferred to superior court. Sec. 30. Be it further enacted, That the judge of the superior court of Colquitt county may transfer any or all indictments or presentments for misdemeanors to said city court for trial, the order so transferring the same to be entered upon the minutes of both courts. Cases transferred from superior court. 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 Colquitt county for trial any criminal case in which said judge may be disqualified, the order so transferring the same to be entered on the minutes of both courts. Disqualified cases. Sec. 32. Be it further enacted, That the judge of said city 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 Moultrie to the Supreme Court of this State upon bills of exception filed under the same rules and regulations as govern and control the filing of bills of exception and the issue of writs of error in the superior courts of this State. Writs of error. Sec. 34. Be it further enacted, That the judge of the city court of Moultrie shall have power to grant new trials in all cases, civil and criminal, in said court upon the same terms and conditions and under 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 for new trials in the superior court, and the hearing and determining thereof, in vacation or in term time, shall apply to and govern the same in said city court. New trial. Sec. 35. 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 trial term or judgment 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 Moultrie, unless otherwise provided in this Act; provided, that in cases in which there is no plea or defense filed on the call of the appearance

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docket, or such plea or defense shall be stricken by the court, a judgment may be rendered by the court, or verdict taken, as the case may require, at said appearance term. Appearance and trial terms Sec. 36. Be it further enacted, That when 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 shall be tried by a judge pro hac vice selected in the same manner as now for in the superior court. Judge, pro hac vice. Sec. 37. Be it further enacted, That the county commissioners of Colquitt county shall provide the necessary books for keeping the dockets, minutes and records of said city court, and all stationery and books necessary to run said court, and that said city court shall be held in the court house of Colquitt county, or such other place in the city of Moultrie as the superior court of said county may be held. Supplies and court house. Sec. 38. Be it further enacted, That in misdemeanor cases transferred from the superior court to said city court of Moultrie the cost of the solicitor general of the circuit shall be five dollars, to be collected and paid as other cost in said city court. Solicitor-general, fees of. Sec. 39. Be it further enacted, That the several justices of the peace in the county of Colquitt, in admitting defendants to bail in misdemeanor cases, and all other officers and parties taking bond for the appearance of any defendant who shall stand charged with a misdemeanor, shall make the same returnable to the city court of Moultrie to be tried on the next Monday at 10 o'clock a. m., succeeding and following said commitment. Cases returnable to. Sec. 40. Be it further enacted, That upon failure of 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 scirefacias shall issue on the day of nonappearance, and the fees of the officers of said city court in such cases shall be the same as allowed by law to officers of the superior court for like services, and the subsequent proceedings shall be the same as now provided by law. Forfeitures. Sec. 41. Be it further enacted, That for attending on said court while in session the sheriff and clerk shall each receive the sum of two ($2.00) dollars per day; provided, that the amount so received shall not exceed the sum of twenty ($20.00) dollars to each during any one year.

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Sec. 42. Be it further enacted, That there may be a stenographer of said court, appointed by the judge thereof, and all civil cases in said court may be reported at the request of either party thereto, or the judge in his discretion may, without any request, have such cases reported; and the fees for reporting such cases shall be the same as allowed by law in the superior courts, and collected in the same manner. Stenographer. Sec. 43. Be it further enacted, That all cases, civil and criminal, now pending and undisposed of in the county court of Colquitt county shall be, and are, hereby transferred to said city court of Moultrie, and the same shall be placed on the proper dockets of said court, and shall be tried and disposed of as are other cases in said city court. All final and other processes now in the hands of the sheriff, bailiff or other party, which are made returnable to the county court of Colquitt county, are hereby made returnable to the city court of Moultrie. The judge and other officers of said city court shall have power and authority to issue and enforce the same in the name of the city court of Moultrie, in any and all processes in any case from the county court necessary to the final disposition of the same, which from any cause has not been issued and enforced by the officers of the county court of Colquitt county. All records, books and papers undisposed of and of file in said county court shall be filed and deposited with the clerk of said city court; all fi. fas. and final processes not satisfied, now in the hands of the officers of said county court, or other persons, shall be levied and enforced by the officers of said city court. Cases in county court of Colquitt county transferred. Sec. 44. Be it further enacted, That this Act shall go into effect on January 1st, 1902. Sec. 45. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Nov. 13, 1901.

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CITY COURT OF MOUNT VERNON ESTABLISHED. No. 269. An Act to establish the city court of Mount Vernon, in the city of Mount Vernon, in and for the county of Montgomery; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define the powers and duties of a judge and the 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, That the city court of Mount Vernon, to be located in the city of Mount Vernon, in the county of Montgomery, is hereby established and created, with civil and criminal jurisdiction over the whole county of Montgomery, concurrent with the superior court, to try and dispose of all civil cases of whatever nature wherein the amount claimed or involved, inclusive of interest, is as much as fifty dollars, except those of which the Constitution of this State has given to the superior court exclusive jurisdiction; and with criminal jurisdiction to try and dispose of all offenses below the grade of felony committed in the county of Montgomery; that the jurisdiction herein conferred shall include not only the ordinary suits by petition and process, but also all other kind of suits and proceedings which are now, or hereafter may be, in use in the superior courts, either under the common law or statute, including, among others, attachments and garnishment proceedings, illegalities, counter affidavits to any proceedings from said court, statutory awards, proceedings against intruders and tenants holding over, partitions of personalty, issues upon distress warrants, foreclosures of all liens and mortgages and quo warranto; provided, that said city court shall have jurisdiction to try and dispose of civil cases in which the amount claimed or involved is less than fifty dollars, if the plaintiff in said case will pay in advance to the officers of the court the difference between the justice court cost and the city court cost City court of Mount Vernon. Jurisdiction. Sec. 2. Be it further enacted by the authority aforesaid, That there shall be a judge of said city court, who shall be appointed by the Governor, by and with the consent and advice of the senate, who shall hold his office for the term of four years, and all vacancies in office of judge shall be filled by appointment by the Governor for the residue of the unexpired term; but should a vacancy occur

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when the senate is not in session, the Governor shall make the appointment to fill such vacancy and submit such appointment to the senate which shall next thereafter convene. The judge of said city court shall receive a salary of $600.00 per annum, which salary shall be paid monthly by the treasurer of the county of Montgomery, and it shall be the duty of the commissioners of roads and revenues of said county, or other proper officer, to make provision annually and levy the taxes for this purpose. The said judge shall receive no other compensation, but may practice law in any court except his own. Judge. Sec. 3. Be it enacted by the authority aforesaid, That no one shall be eligible to the office of said judgeship unless he be, at the time of his qualification, at least thirty years of age, a resident of Montgomery county four years immediately preceding the appointment, and must have practiced law five years. He shall, before entering upon the duties of his office, take and subscribe the following oath: I solemnly swear that I will administer justice, without respect to persons, and do equal rights to poor and rich, and that I will faithfully and impartially perform and discharge all duties which may be required of me as judge of the city court of Mount Vernon, of this State, according to the best of my ability and understanding, agreeably with the laws and Constitution of this State, and the Constitution of the United States, so help me God, which oath shall be filed in the executive department. Qualifications. Sec. 4. Be it further enacted by the authority aforesaid, That there shall be a solicitor of the city court appointed by the Governor, by and with the advice and consent of the senate, whose first term of office shall be two years, and all subsequent terms thereafter four years, and whose duties it shall be to prosecute for all offenses cognizable before said court. All vacancies in said office shall be filled by appointment by the Governor for the remainder of the unexpired term, and should a vacancy occur when the senate shall not be in session, the Governor shall fill such vacancy by appointment, and shall submit such appointment to the senate at its next session thereafter. The solicitor shall receive the same fees for each written accusation that are allowed the solicitor general for each indictment in the superior court, and his fees for all other services rendered shall be the same as are allowed the solicitor general of the superior court. In the absence or disqualification of said solicitor, the city court judge shall appoint a solicitor pro tem., who shall receive the same fees as are allowed the regularly appointed solicitor of said court. Solicitor. Sec. 5. Be it enacted by the authority aforesaid, That the solicitor

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of said court shall, for his services in the Supreme Court, be paid out of the treasury of the State in the same manner as the solicitor general of the superior court is paid for like services rendered in the Supreme Court. Fees of Sec. 6. Be it further enacted by the authority aforesaid, That the clerk of the superior court of Montgomery county shall be the clerk of the city court of Mount Vernon, and said clerk shall, before entering upon the duties of the office, take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered on the book of minutes of said city court. He shall also, before entering on the duties of the office, execute a bond with good security in the sum of one thousand dollars for the faithful discharge of the duties of the office. Clerk. Sec. 7. Be it further enacted by the authority aforesaid, That the sheriff of the superior court of Montgomery county shall be the sheriff of the city court of Mount Vernon. Before entering upon the discharge of the duties of the office, said sheriff shall execute a bond with good security in the sum of three thousand dollars for the faithful discharge of the duties of the office. He shall have power to appoint a deputy or deputies, with the consent of said judge. It shall be the duty of the judge of said city court to approve the bonds required to be given by both the clerk of said city court and the sheriff, as provided in this section and section 6 of this Act. Sheriff. Sec. 8. Be it further enacted by authority aforesaid, That all the duties and liabilities attached to the office of clerk of the superior court, and to the office of sheriff of the superior court, shall be attached to the office of clerk of the city court of Mount Vernon, and to the office of sheriff of the city court of Mount Vernon, respectively, and that the judge of the said city court of Mount Vernon is empowered to enforce the same authority over said clerk and sheriff and their departments as is exercised by the judge of the superior court over the clerks of the superior courts and sheriffs of the counties of Georgia. Duties and liabilities of officers. Sec. 9. Be it further enacted by the authority aforesaid, That the clerk of said city court shall be paid three dollars per day, and the sheriff thereof three dollars per day, for attendance upon said court, and unless otherwise specified in this Act, they and their deputies shall receive for all other services the same fees as are allowed by law for like services in the superior court, and for services rendered when no compensation is provided by law. They shall receive such compensation as the judge of said city court shall, in his discretion, allow. They shall be amenable to the same processes

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and penalties as they are now amenable to as officers of the superior court, and they shall be entitled to the same remedies to enforce the collection of their fees and costs in said city court as they are now entitled to in the superior court. Fees and costs. Sec. 10. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to issue writs of habeas corpus, and to hear and dispose of the same, in the same way and with same power as the judge of the superior court. Judge, powers of Sec. 11. Be it further enacted by the authority aforesaid, That the terms of said city court shall be monthly and quarterly, the monthly terms for the trial and disposition of criminal business, to be held on the second Monday in each month, and the quarterly terms for the trial and disposition of either or both criminal and civil business, to be held on the second Mondays in January, April, July and October. The first term of said court under this Act shall be held on the second Monday in January, 1902. The terms of such court shall be held at the court house in the city of Mount Vernon, in the county of Montgomery, for which, when necessary, juries shall be drawn as hereinafter directed, and shall last until the business is disposed of, unless sooner adjourned for good cause. The judge of said court shall, in his discretion, hold his court at the same place at any other time than the regular term for the transaction of criminal business which does not require a jury as speedily as possible consistent with the interest of the State and the accused, and may also hold adjourned terms of the regular monthly or quarterly terms of said city court, for which he may draw new juries, or require the attendance of the same, as in his sound legal discretion may seem best. Said city court judge may also, in his discretion, set cases for trial at convenient time, and the same may then be tried as of the term, whether the court has been held from day to day until said time or not. Terms of. Sec. 12. Be it further enacted by authority aforesaid, That suits in said city court shall, in all respects, be conformable to the mode of proceedings in the superior court, except as hereinafter provided, but the process to writs shall be annexed by the clerk of said city court, be attested in the name of the judge thereof, and be directed to and served by the sheriff of the city court of Mount Vernon, or his deputies thereof. Practice. Sec. 13. Be it further enacted by the authority aforesaid, That in all matters pertaining to service, pleadings and practice, the laws governing the superior court, when not inconsistent with this Act, and unless otherwise specially provided by this Act, shall be applicable to said city court. Practice.

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Sec. 14. Be it further enacted by the authority aforesaid, That the judge of said city court shall have the power and authority to hear and determine without a jury all civil causes over which said court has jurisdiction, and to give judgment and execution therein; provided always, that either party in any cause shall be entitled to a trial by jury in said court by entering a demand therefor by himself or his attorney, in writing, on or before the call of the docket at the term to which said cause is returnable, in all cases when such party is entitled to a trial by jury under the Constitution and laws of this State. Trials. Sec. 15. Be it further enacted by the authority aforesaid, That all judgments obtained in said court shall be a lien on all property of the defendant, or defendants, throughout the State, in the manner as judgments in the superior courts are, but property exempt from levy and sale under the laws of this State shall be exempt from levy and sale under process of said court, and all executions issuing from said court shall be tested in the name of the judge and signed by the clerk, directed to the sheriff or his deputies, of the city court of Mount Vernon, and to all and singular the sheriffs or their deputies of the State of Georgia. Judgments. Sec. 16. Be it further enacted by the authority aforesaid, That said court shall have jurisdiction of all claim cases where personal property is levied upon under executions or other process from said court, and such claim shall be tried in the same manner as claims in the superior court. Claim cases. Sec. 17. Be it further enacted by the authority aforesaid, That claims to real property levied on under executions or other process, from said city court, shall be returned to the superior court of the county where such real property is situated, and shall there proceed as other claims in the superior court. Claims to realty. Sec. 18. Be it further enacted by the authority aforesaid, That all laws upon subjects of attachments and garnishments as to any manner whatever in the superior courts of this State shall apply to the said city court as if named with the superior court, so far as the nature of the city court will admit. Attachments in said court returnable to said court shall be directed to the sheriff or his deputies of the city court of Mount Vernon, and to all and singular the sheriffs and constables of this State, and the judge of said court may, or any justice of the peace or notary public may, issue attachments, returnable to said city court, under the same law governing the issuing of attachments returnable to the superior courts. Attachments and garnishments. Sec. 19. Be it further enacted by the authority aforesaid, That the garnishment and attachment proceedings, and proceedings

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on distress warrants in said city court, shall be conformable to the laws of the State on the subjects in the superior courts. Practice. Sec. 20. Be it further enacted by the authority aforesaid, That scire facias to make parties in any cause in said city court shall be had as in the superior courts, but scire facias shall run throughout the State, and may be served by any sheriff or his deputy thereof. Scire facias Sec. 21. Be it further enacted by the authority aforesaid, That the general laws of this State with regard to the commencement of suits in the superior courts, defenses, set-offs, affidavits of illegality, arbitration, examination of parties to suits, or witnesses by interrogatories, or under subp[oelig]nas, witnesses and their attendence, continuances or other matters of a judicial nature within the jurisdiction of the said city court, shall be applicable to said city court. Practice. Sec. 22. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to cause testimony to be taken and used de bene esse, and for the purposes of perpetuating testimony within his jurisdiction in all cases according to the laws of the State, and the judge and all other officers of said city court shall have power respectively to administer all oaths pertaining to their office as the judge and other officers of the superior court may in like cases do, and said judge shall have power to attest deeds and other papers and administer affidavits in all cases anywhere in the State in which, by existing laws, deeds and papers may be attested, and affidavits administered by justices of the peace of this State, and the judge of said city court shall have all the powers and authority throughout his jurisdiction of the judges of the superior courts, and all laws relating to the governing judges of the superior courts shall apply to the said judge of the city court so far as the same may be applicable, except as herein provided. Judge, powers of. Sec. 23. Be it further enacted by the authority aforesaid, That the said city court of Mount Vernon shall be a court of record and shall have a seal, and the minutes, records, order and other books and files that are required by law and used to be kept for the superior court, shall be kept in and for said city court, and in the same manner, and all laws applicable to the duties of the clerk and sheriff of said superior court shall apply to them in said city court, except where they conflict with the provisions of this Act. Court of record. Sec. 24. Be it further enacted by the authority aforesaid, That all laws regulating the enforcements of judgments, whether civil or criminal, shall apply to the said city court, and executions shall issue and be levied and sale had thereunder under the same rules and laws regulating the same in the superior courts. Judgments, how enforced. Sec. 25. Be it further enacted by the authority aforesaid, That

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the judge of the city court aforesaid shall have power to enforce the orders, to preserve order, to punish for contempt, and to enforce all of his judgments as is vested by law in the judges of the superior courts in this State. Contempt Sec. 26. Be it further enacted by authority aforesaid, That it shall be the duty of the clerk of the city court of Mount Vernon to prepare and file in his office a complete copy of the traverse jury list of the superior court of Montgomery county as provided from time to time for such superior court. From said copy so made traverse jurors for said city court shall be drawn in the following manner: The clerk of said city court of Mount Vernon shall write upon separate tickets the name of each traverse juror, and shall number the same and place same in a box to be prepared for the purpose, from which shall be drawn sixteen traverse jurors in the manner as now required by law in the superior courts. All laws with reference to the drawing, and selecting, and summoning traverse and tales jurors in the superior courts, shall apply to the city court, except that the sheriff shall be paid five dollars for summoning said jurors. All exceptions from jury duty now of force in the county of Montgomery shall apply and be of effect in said city court. Jurors. Sec. 27. Be it further enacted by the authority aforesaid, That all laws in reference to the qualifications, relations, empaneling, fining, and challenging jurors now in force in this State, or hereafter enacted by the General Assembly, relating to the same in the superior court, shall apply to and be observed in said city court, except where inconsistent with the provisions of this Act. Selection of., Sec. 28. Be it further enacted by the authority aforesaid, That the sixteen jurors drawn and summoned as above provided shall be empaneled and in all cases, civil or criminal, trial by a jury of twelve shall be had in said court when so demanded, but a trial by a jury of twelve may be waived, and in that event the jury shall be selected as follows: In civil cases each side shall have four strikes, and in criminal cases the defendant shall have five strikes and the State three strikes; eight shall thus constitute a jury. When a jury of eight shall have returned for the purpose of considering a case, the parties in any case may, by consent, agree to use the remaining eight jurors for the trial of such case, and this shall constitute a legal jury. If either party in a civil case, or defendant in a criminal case, declines to waive trial by jury of twelve, then, in civil cases, each side shall be allowed two strikes, and in criminal cases the defendant shall be allowed three strikes and the State one strike from said panel. The jurors, those drawn on the regular

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panel, and likewise the talesmen which the judge of said court is hereby empowered to have summoned instanter at any term of said court whenever necessary to complete a panel, shall each receive the sum of $2.00 per day while serving as jurors in said court, the same to be paid under the rules governing the payments of superior court jurors. Juries. Sec. 29. Be it further enacted by the authority aforesaid, That the sheriff of said court is authorized, with the approval of the judge, to appoint at each term of said court not exceeding two bailiffs as officers of said court, who shall receive for their service one dollar and one-half per day. Bailiffs. Sec 30. Be it further enacted by the authority aforesaid, That all criminal cases in said city court shall be tried by the judge thereof without a jury, except when the accused in writing shall demand a jury. A plea to the accusation shall be a waiver of the jury, and the accused may not thereafter have the right to recall such waiver, except in the discretion of the court. If upon the trial of any case it shall appear to the judge that the evidence makes the case of felony against the accused, he shall thereupon suspend the trial and commit or bail over the defendant to the next superior court as in preliminary examinations. Trials in criminal cases. Sec. 31. Be it further enacted by the authority aforesaid, That the defendants in criminal cases in said city court shall be tried on a written accusation, setting forth plainly the offense charged, founded upon the affidavit of the prosecutor and signed by the solicitor of said 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 Montgomery county. All the proceedings after accusation shall conform to the rules governing like cases in the superior court, 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 manner of form and substance, as is required by the laws and rules of criminal pleadings to be observed in bills of indictment in the superior court. Trials. 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 Montgomery county to said city court for trial and final disposition, all presentments and indictments for misdemeanors which may be undisposed of at the close of each term of the superior court, and the order transmitting such cases shall be entered on the minutes of both of said courts. Cases transferred from superior court Sec. 33. Be it further enacted by the authority aforesaid, That

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it shall be the duty of all justices of the peace and notaries public of Montgomery county to bind over to said city court all persons charged with offenses committed within the limits of Montgomery county, over which said city court has jurisdiction, there to answer for said offenses. Cases returnable to. Sec. 34. Be it further enacted by the authority aforesaid, That a writ of error shall be direct from said city court to the Supreme Court of the State upon a bill of exceptions filed under the same rules and regulations as govern and control the issue of writs of error and filing a bill of exceptions in the superior court of this State. Writ of error. Sec. 35. Be it further enacted by the authority aforesaid, That in all cases in said city court, the same powers and rights as to waivers, pleadings, or procedure, or other matters pertaining to the same, shall be allowed and upheld by the laws and rules to parties in said superior court. Practice. Sec. 36. Be it further enacted by the authority aforesaid, That the judge of said city court shall have the power to grant a new trial in any case, civil or criminal, in his court, upon the same terms and conditions, and under the same laws and regulations in every respect governing the granting of new trials in the superior court. All rules of pleading, practice, and procedure, governing motion, rules nisi, and other proceedings in new trials in the superior court, shall apply to and govern the same in said city court. When a criminal case is heard at a special session of said city court and the defendant desires to move for a new trial, such motion must be made and passed upon by the judge of said city court within five days after the rendition of the judgment complained of and not afterwards, unless for good cause, for the time may, by order, be granted in the discretion of the judge of said court. In other respects such motions shall be governed by the ordinary rules aforesaid. New trials. Sec. 37. Be it further enacted by the authority aforesaid, That all suits against joint obligors, joint promisors, copartners, or joint trespassers, in which any one or more reside in the county of Montgomery, may be brought in said court, whether its jurisdiction is already stated under the same rules and regulations governing such cases in the superior court, mutatis mutandis as to copies, second originals, returned, and other matters connected with the suits. Joint obligors, etc. Sec. 38. Be it further enacted by the authority aforesaid, That all rules of the superior court relating to continuances, motions, pleas, and practice, shall be applicable to said city court and shall obtain therein. Practice.

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Sec. 39. Be it further enacted by the authority aforesaid, That the first term of said court to which a civil case is brought shall be the appearance or return term; the second shall be the trial or judgment term, and all the laws, rules, and practices in said court with reference to the terms thereof, and to the continuance, pleadings, and trial of causes therein, shall be the same as in the superior court, unless otherwise provided in this Act. Appearance and trial terms. Sec. 40. Be it further enacted by the authority aforesaid, That whenever the judge of said city court is, from any cause, disqualified from presiding, and the judge of the superior court cannot, from any cause, preside in said court as provided for in the constitution, then, upon consent of parties, or upon their failure or refusal to agree, said cause shall be tried by a judge pro hac vice, selected in the same manner as now provided for in the superior court. Judge, pro hac vice. Sec. 41. Be it further enacted by the authority aforesaid, That in case of the absence of the judge of said city court at any term thereof, the sheriff or clerk of said court may adjourn it to such time as the judge may in writing direct, or if no direction be given, the court shall be adjourned to the next regular term. Adjournments. Sec. 42. Be it further enacted by the authority aforesaid, That all fines and forfeitures arising from cases tried in said city court shall be applied to the payment of the fees and costs of the solicitor, clerk, and sheriff of said city court, including insolvent costs, the same to be distributed pro rata under the same rules and regulations governing the distribution of fines and forfeitures to the officers of the superior court, the remainder, if any, to be paid into the county treasury; provided, however, that in all cases transferred from the superior court of Montgomery county to the said city court, the solicitor of the superior court shall be entitled to such solicitor's costs as shall have accrued on bills of indictment or special presentments up to the time of the transfer; provided further, that in all cases the magistrates binding over in any preliminary hearing shall be entitled to share, as to his costs in the particular case, with the other officers of said city court, upon the same terms in any fines or forfeitures that may arise therefrom. Fines and forfeitures. Sec. 43. Be it further enacted by the authority aforesaid, That the commissioners of roads and revenues, or other proper officer of the county of Montgomery, shall provide the necessary books for keeping the dockets, minutes, and records of the said city court. The sittings of said court shall be held in the county court-house in the city of Mount Vernon. Supplies and courts house. Sec. 44. Be it further enacted by the authority aforesaid, That

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all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 7, 1901. CITY COURT OF POLK COUNTY ESTABLISHED. No. 207. An Act to establish the city court of Polk county, in the city of Cedartown, in and for the county of Polk; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define the powers of the 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, That from and after the passage of this Act the city court of Polk county, in the city of Cedartown, in and for the county of Polk, is hereby established and organized, to be held in the city of Cedartown, with jurisdiction, civil and criminal, and quasi civil and quasi criminal, over the entire county of Polk. City court of Polk co. Sec. 2. Be it further enacted, That said city court of Polk county 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 Polk county 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. Any defendant in any case in said city court may set up equitable defenses, and if, by reason thereof, it becomes necessary to make other persons parties to the cause, it may be done in the same manner as in the superior courts; and it shall be within the power of the said city court, in a proper case, to mould the verdict at law so as to do full justice to the parties, and in the same manner as a decree in equity, and the judgment and execution shall conform to the verdict. Jurisdiction in civil cases. Sec. 3. Be it further enacted, That said city court of Polk county shall have jurisdiction to try and dispose of all criminal cases for all offenses committed in the county of Polk, where the offender under the punishment prescribed is not subjected to loss of life or confinement in the penitentiary. [Illegible Text] criminal cases.

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Sec. 4. Be it further enacted, That there shall be a judge of the said city court of Polk county, 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 said city court of Polk county 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 Polk, without the intervention or order of the county commissioners, or any other county officer. Said judge shall not practice law during his term of office. Judge. Appointment, term, 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-five years of age; must also be a resident of the county of Polk, and must also have been a practicing attorney for at least four years before his appointment; and before entering upon the discharge of the duties of his office he shall take and subscribe the following oath: I solemnly swear that I will administer justice without respect to persons, and do equal rights to the poor and rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as judge of the city court of Polk county, 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. Oath. Sec. 6. Be it further enacted, That the solicitor general of the Tallapoosa Judicial Circuit shall be ex officio the solicitor of the said city court. It shall be the duty of said solicitor to represent the State in all cases in said city court in which the State shall be a party, and shall perform therein such other duties as usually appertain to his office. He shall receive for his services the same fees that are provided by law for similar services in the superior court. Whenever said solicitor general shall, by reason of his official engagements elsewhere, be unable to attend said court, it shall be his

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duty to secure the services of a competent attorney at law to represent him in said court. On his failure to do so, or in the absence of any one authorized to represent the State, the judge of said court shall have power to appoint a competent attorney as solicitor pro tem. Solicitor, duties, Fees. Sec. 7. Be it further enacted, That the clerk, stenographer and sheriff, and their deputies, of the superior court of Polk county shall be ex officio clerk, stenographer, sheriff and deputies of said city court, and for services rendered in said city court shall be entitled to the same fees as are allowed them by law in the superior court, and shall discharge the same duties, and be subject to the same obligations and penalties; and for services rendered, where no compensation is provided by law, they shall receive such compensation as the judge of said court shall in his discretion grant. The clerk shall be allowed and paid two dollars per day for one deputy clerk for each day's service of such deputy during the sessions of said court. Clerk, stenographer, sheriff and deputies. Sec. 8. Be it further enacted, That the judge of the city court of Polk county 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 over officers. Sec. 9. Be it further enacted, That the judge of the city court of Polk county 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 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, except in capital cases; 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 the judge of said city court of Polk county may, in his discretion, have the testimony in any important criminal case reported and transcribed by the official stenographer of said court, compensation for such services to be paid by the

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county treasurer on the order of said judge at the same rate and in the same manner as provided for taking down the testimony in felony cases in the superior court; and said judge of the city court of Polk county 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. Powers of judge and officers. Sec. 10. Be it further enacted, That the regular terms of the said city court of Polk county shall be held quarterly, beginning on the second Monday in January, April, July and October of each year. The judge of said court shall have power to hold said court in session 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. Sec. 11. Be it further enacted, That suits in said city court shall in all respects be conformable to the modes of proceedings in the superior courts, except as herein provided, but the process to writs shall be annexed by the clerk of said city court, attested in the name of the judge thereof, and be directed to and served by the sheriff of the city court of Polk county, 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 Polk county, and all and singular the sheriffs or their deputies of the State of Georgia. All petitions in said court shall be addressed to the city court of Polk county. Practice and procedure. Sec. 12. 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 said Act. Practice. Sec. 13. Be it further enacted, That the judge of said city court shall have power and authority to hear and determine all civil cases over which said court has jurisdiction, and to give judgment and award execution thereon without the intervention of a jury; provided, always, that upon the opening of the court at each term the judge of said court shall proceed to call the appearance docket of the court, and either party in any case upon said docket shall then be entitled to demand and shall at the trial term have a jury to try said case, which demand shall be in writing, and signed by himself or his counsel, and made upon the call of said docket. Trials. Sec. 14. 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 courts, 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. 15. Be it further enacted, That all laws upon the subject of attachments and garnishments in the superior courts in this State shall apply to said city court so far as the nature of the city court will admit. The judge of said city court, or any other officer authorized by law to issue attachments, may issue attachments returnable to said city court under the same laws that govern the issuing of attachments in the superior courts, and all attachments returnable to the city court of Polk county shall be directed to the sheriff of the city court of Polk county, 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. Attachments and garnishments. Sec. 16. Be it further enacted, That the garnishment proceedings in said city court shall be conformable to the laws of the State on the subject in the superior court; provided, the garnishee shall reside in the county of Polk, but when the garnishee shall reside in any other county in this State, the same law shall be also applicable to the said city court, with this proviso, that the papers shall be returnable to the superior court of the county of the garnishee's residence, or to the city court of said county, if there is one, and all subsequent proceedings shall be had therein. Garnishments. Sec. 17. 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. 18. 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 proceedure, examination of witnesses by interrogatories, depositions 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. 19. Be it further enacted, That the said city court of Polk county shall be a court of record, and shall have a seal, and the minutes, dockets, records and other books and files that are required

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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 the 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. 20. Be it further enacted, That all laws regulating the enforcement of the judgments of the superior court, whether civil or criminal, shall apply to said city court, and execution shall issue and be levied and sales be had thereunder, under the same rules and laws regulating the same in the superior court. Judgments, how enforced. Sec. 21. Be it further enacted, That the judge of the city court of Polk county shall have the power to enforce his orders, preserve order, punish for contempt, and to enforce all his judgments in the same manner as the judges of the superior court. Contempt. Sec. 22. Be it further enacted, That the traverse jurors in the city court of Polk county 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 on separate pieces of paper the names 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 impanelling traverse jurors in the superior court shall apply to the city court of Polk county; provided, that the number of jurors so drawn shall be eighteen instead of thirty-six, as provided for in the superior court; and said city court judge shall have the same power to summon tales jurors for the city court that the judges of the superior court 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. Jurors. Sec. 23. Be it further enacted, That all laws with reference to the disqualification, impaneling, challenging, fining, or in any wise relative to jurors, now in course 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 party 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

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laws and rules governing the selection of jurors in the superior courts shall apply to the city courts, unless otherwise provided in this Act. Juries. Sec. 24. Be it further enacted, That in all cases, civil or criminal, 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 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 list 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. 25. Be it further enacted, That defendants in criminal cases in said city court of Polk county 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 Polk county before trial. Accusation. Sec. 26. 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. Felonies, disposition of. Sec. 27. Be it further enacted, That the judge of the superior court of Polk county may, in his discretion, transfer any or all indictments or presentments for misdemeanors to said city court for trial, the order for so transferring the same to be entered on the minutes of both courts. Transfers from superior court Sec. 28. Be it further enacted, That the judge of the city court may, in his discretion, pass an order transferring to the superior court of Polk county for trial any criminal case in which said judge may be disqualified, the order so transferring same to be entered on the minutes of both courts. Transfers to superior court. Sec. 29. Be it further enacted, That the judge of said city court

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shall have the power to appoint two bailiffs at any term of the court. Bailiffs, Sec. 30. Be it further enacted, That writ of error shall lie from the city court of Polk county to the Supreme Court of this State, upon bills of exception filed under the same rules and regulations as govern and control the filing of bills of exceptions and the issue of writs of error in the superior courts of this State. Writ of error. Sec. 31. 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. No certiorari, Sec. 32. Be it further enacted, That the judge of the city court of Polk county shall have power to grant new trial 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 trial in the superior courts, and the hearing and termination thereof, in vacation or term time, shall apply to and govern the same in said city court. New trials. Sec. 33. Be it further enacted, That the first term of said court to which a case is brought shall be the appearance 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 Polk county, unless otherwise provided in this Act; provided, that in cases in which no defense or plea is filed on the second 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. 34. 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. 35. Be it further enacted, That the county commissioners of Polk 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 Polk county, or such other place

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in the city of Cedartown as the superior court of said county may be held. Supplies, and court house. Sec. 36. Be it further enacted, That the several justices of the peace of the county of Polk 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 Polk county. If the defendant fails to give bond and is committed to jail, the case shall be tried on any day fixed by the judge of the city court. If the defendant gives bond the case shall be returnable to the next term of the city court. Cases returnable to Sec. 37. 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 superior courts, and the order of forfeiture and scire facias shall issue on the said day of nonappearance, 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 courts for like services, and the subsequent proceedings shall be the same as now prescribed by law. Forfeitures. Sec. 38. Be it further enacted, That this Act shall go into effect immediately upon its passage and approval by the Governor. Sec. 39. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Nov. 18, 1901. CITY COURT OF SANDERSVILLE ESTABLISHED. No. 181. An Act to create the city court of Sandersville, in and for the county of Washington; to prescribe the powers and duties thereof; to define the jurisdiction thereof; to provide for the officers thereof; to provide for the compensation of said officers, 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 city court of Sandersville, to be located in the city of Sandersville, in the county of Washington, is hereby established and created, with civil and criminal jurisdiction, over the whole

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county of Washington, concurrent with the superior court, to try and dispose of all civil cases of whatever nature, except those of which the Constitution of this State has given the superior court exclusive jurisdiction, and with criminal jurisdiction to try and dispose of all offenses below the grade of felony committed in the county of Washington; 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 court, either under the common law or statute, including among others attachment and garnishment proceedings, illegalities, counter affidavits to any proceeding from said court, statutory awards, proceedings against intruders and tenants holding over, partitions of personalty, issues upon distress warrants, foreclosure of all liens and mortgages. City court of Sandersville. Jurisdiction. Sec. 2. Be it further enacted by the authority aforesaid, That there shall be a judge of said city court, who shall be appointed by the Governor, by and with the advice and consent of the senate, who shall hold his office for the term of two years, and if there should be a vacancy in the office of judge, said vacancy shall be filled by the Governor in the manner now provided for filling said vacancies in the superior court. The judge of said city court shall receive a salary of seven hundred and twenty ($720.00) dollars per annum, which shall be paid monthly by the treasurer of the county of Washington, and it shall be the duty of the commissioners of roads and revenues of said county, or of other proper officers, to make provisions annually in levying taxes for this purpose. The judge shall receive no other compensation, but may practice law in any other court except his own. Judge, appointment of. Salary. Sec. 3. Be it further enacted by the authority aforesaid, That no one shall be eligible to the office of said judgeship unless he shall be at the time of his qualification at least twenty-seven years of age, a resident of Washington county for two years immediately preceding his appointment, and must have been a practicing attorney at law for three years before his appointment. He shall, before entering upon the duties of his office, take and subscribe the following oath: I do solemnly swear that I will administer justice without respect to person, and do equal rights to the poor and rich, and that I will faithfully and impartially perform and discharge all duties which may be required of me as judge of the city court of Sandersville, of this State, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State, and the Constitution of the United States, so help me God, which oath shall be filed in the executive department. Qualifications. Oath,

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Sec. 4. Be it further enacted by the authority aforesaid, That there shall be a solicitor of said city court, who shall be appointed at the same time and in the same manner as the judge of said city court, whose term of office shall be for two years, and whose duty it shall be to prosecute all offenses cognizable before said city court. Said solicitor must be at least twenty-one years of age, and a resident of Washington county for two years, and a practicing attorney. All vacancies in said office shall be filled in the same manner as prescribed in this Act for filling vacancies in the office of judge. The said solicitor shall receive the same fees for each written accusation as are allowed the solicitor general for each indictment in the superior court, and his fees for all other services rendered shall be the same as are allowed the solicitor general of the superior court. In the absence or disqualification of said solicitor, the city court judge shall appoint a solicitor pro tem., who shall receive the same fees as are allowed the regularly appointed solicitor of this court. Solicitor. Qualifications. Fees. Sec. 5. Be it further enacted by the authority aforesaid, That the solicitor of said city court shall, for his services in the Supreme Court, be paid out of the treasury of the State in the same manner as the solicitor general of the superior court is paid for like services rendered in the Supreme Court. For services in Supreme Court. Sec. 6. Be it further enacted by the authority aforesaid, That the clerk and his deputies of the superior court of Washington county shall be ex officio clerk and deputies of said city court. Said clerk shall, before entering upon the duties of his office, take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered on the book of minutes of said city court. He shall also, before entering on the duties of his office, execute a bond with good security in the sum of one thousand dollars for the faithful discharge of the duties of his office. Clerk and deputies, Sec. 7. Be it further enacted by the authority aforesaid, That the sheriff of Washington county shall be ex officio sheriff of said city court of Sandersville, and in his official connection with said court he shall be known as the sheriff of the city court of Sandersville. Before entering upon the discharge of the duties of his office said sheriff shall execute a bond with good security in the sum of one thousand dollars for the faithful discharge of the duties of his office. He shall have the same authority to appoint a deputy or deputies as provided in Code for appointment of deputy sheriffs. Sheriff. Sec. 8. Be it further enacted by the authority aforesaid, That all the duties and liabilities attached to the office of clerk of the superior court, and to the office of sheriff, shall be attached to the

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office of clerk of the city court of Sandersville, and to the office of sheriff of the city court of Sandersville, respectively, and that the judge of said city court of Sandersville is empowered to enforce the same authority over the said clerk and sheriff, and their deputies, as is exercised by the judge of the superior court over the clerks of the superior courts and sheriffs of the counties of Georgia. Duties and liabilities of officers. Sec. 9. Be it further enacted by the authority aforesaid, That the clerk and sheriff of said city court shall, unless otherwise specified in this Act, they and their deputies shall receive for all services the same fees as are allowed by law for like services in the superior court; they shall be amenable to the same processes and penalties as they are now amenable to as officers of the superior court, and they shall be entitled to the same remedies to enforce the collection of their fees and costs in said city court as they are now entitled to in the superior court. Fees. Sec. 10. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to issue writs of habeas corpus and to hear and dispose of the same in the same way, and with the same power as the judge of the superior court. Habeas corpus. Sec. 11. Be it further enacted by the authority aforesaid, That the terms of said city court shall be monthly and quarterly; the monthly term for the trial and disposition of criminal business, and quarterly terms for the trial and disposition of either or both criminal and civil business The times for holding said terms of said court shall be fixed by the city court judge, such terms to be as near equi-distant as convenience will admit, notice of which shall be given by advertisement one time in the newspaper where the sheriff sales for said county are published. The terms of such court shall be held at the court house, in the city of Sandersville, in said county of Washington, for which, when necessary, juries shall be drawn as hereinafter directed, and shall last until the business is disposed of, unless sooner adjourned for good cause. The judge of said city court shall, in his discretion, hold his court at the same place at any other times than the regular terms for the transaction of criminal business, which does not require a jury, as speedily as possible, consistent with the interest of the State and the accused, and may also hold adjourned terms of the regular monthly and quarterly terms of said city court, for which he may draw new juries, or require the attendance of the same, as in his sound legal discretion may seem best. Said city court judge may also, in his discretion, set cases for trial at convenient times, and the same may then be tried as of the term, whether court has been held from day to day until said time or not. Terms.

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Sec. 12. Be it enacted by the authority aforesaid, That suits in said city court shall in all respects be conformable to the mode of proceedings in the superior court, except as hereinafter provided; the process to writs shall be annexed by the clerk of said city court, be tested in the name of the judge thereof, and be directed to and served by the sheriff of the city court of Sandersville, or his deputies thereof. Procedure. Sec. 13. Be it further enacted by the authority aforesaid, That in all matters pertaining to service, pleadings and practice, the laws governing the superior court, where not inconsistent with this Act, and unless otherwise specially provided by this Act, shall be applicable to said city court. Practice. Sec. 14. Be it further enacted by the authority aforesaid, That the judge of said city court shall have the power and authority to hear and determine without a jury all civil causes of which the said court has jurisdiction, and to give judgment and execution therein; provided, always, that either party in any cause shall be entitled to a trial by jury in said court upon entering a demand therefor by himself or his attorney, in writing, on or before the call of the docket at the term to which the cause is returnable, in all cases where such party is entitled to a trial by jury under the Constitution and laws of this State; provided further, that it shall be the duty of the city court judge to sound the docket upon the opening of each term for the purpose of ascertaining in what cases, either civil or criminal, demands for trial by jury are to be made, in accordance with the provisions of this Act. Trials in. Sec. 15. Be it further enacted by the authority aforesaid, That all judgments obtained in said court shall be a lien on all property of the defendant, or defendants, throughout the State, in the same manner as judgments of the superior court are; but property exempt from levy and sale under laws of this State shall be exempt from levy and sale under process from said court, and all executions issuing from said court shall be tested in the name of the judge and signed by the clerk and directed to the sheriff, or his deputies, of the said city court of Sandersville, and to all and singular the sheriffs, or their deputies, of the State of Georgia. Judgments, lien of. Sec. 16. Be it further enacted by the authority aforesaid, That said court shall have jurisdiction of all claim cases where personal property is levied on under execution or other process from said court, and such claims shall be tried in the same manner as claims in the superior courts. Claims to personalty Sec. 17. Be it further enacted by the authority aforesaid, That claims to real property levied on under execution or other process

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from said city court shall be returnable to the superior court of the county where such real property is situated, and shall then proceed as other claims in the superior court. To realty. Sec. 18. Be it further enacted by the authority aforesaid, That all laws upon subjects of attachments and garnishments as to any manner whatever in superior courts of this State shall apply to said city court as if named with the superior court, so far as the nature of the city court will admit. Attachments in said court, returnable to said court, shall be directed to the sheriff or his deputies of the city court of Sandersville, and to all and singular the sheriffs and constables of this State, and the judge of said city court may, or any justice of the peace or notary public may, issue attachments returnable to said city court under the same laws that govern the issuing of attachments returnable to the superior courts. Attachments and garnishments. Sec. 19. Be it further enacted by the authority aforesaid, That garnishment and attachment proceedings, and proceedings on distress warrants in said city court, shall be conformable to the laws of the State on the subject in the superior court. Distress warrants. Sec. 20. Be it further enacted by the authority aforesaid, That scire facias to make parties in any cause in said city court shall be had as in the superior court, but such scire facias shall run throughout the State, and may be served by any sheriff, or his deputy thereof. Scire facias Sec. 21. Be it further enacted by the authority aforesaid, That the general laws of this State with regard to 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 subpoenas, witnesses and their attendance, continuances, or other matters of a judicial nature within the jurisdiction of said city court, except as otherwise provided in this Act, shall be applicable to said city court. Practice. Sec. 22. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to cause testimony to be taken and used de bene esse, and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the general laws of the State; and the judge and all other officers of said city court shall have power, respectively, to administer all oaths pertaining to their office as the judge and other officers of the superior courts may in like cases do; and said judge shall have power to attest deeds and other papers and administer affidavits in all cases anywhere in the State in which by existing laws deeds and papers may be attested and affidavits administered by justices of the peace of this State, and the judge of said city court shall have all the

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powers and authority throughout his jurisdiction of judges of the superior courts, and all laws relating to and governing judges of the superior courts shall apply to the judge of said city court, so far as the same may be applicable, except as herein provided. Judge, powers of. Sec. 23. Be it further enacted by the authority aforesaid, That said city court of Sandersville shall be a court of record, and shall have a seal, and the minutes, records, orders and other books and files that are required by law, and rules, to be kept for the superior court, shall be kept in and for said city court, and in the same manner, and all laws applicable to the duties of the clerk and sheriff in said superior court shall apply to them in said city court, except where they conflict with the provisions of this Act. Court of record. Sec. 24. Be it further enacted by the authority aforesaid, That all laws regulating the enforceing of judgments of the superior courts, whether civil or criminal, shall apply to said city court, and executions shall issue and be levied and sale be had thereunder, under the same rules and laws regulating the same in the superior court. Judgments, how enforced. Sec. 25. Be it further enacted by the authority aforesaid, That the judge of said city court shall have the power to enforce his orders, to preserve order, punish for contempt, and to enforce all his judgments as is vested by law in the judges of the superior courts of this State. Contempt. Sec. 26. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of said city court of Sandersville to prepare and file in his office a complete copy of jury lists of the superior court of Washington county, as provided from time to time for such superior court. From said copy so made jurors in said city court shall be drawn in the following manner: The clerk of said city court of Sandersville shall write upon separate tickets the names of each juror and shall number the same and place the same in a box to be prepared for the purpose, from which shall be drawn sixteen jurors in the manner as now required by law in the superior courts. All laws with reference to the drawing, selecting and summoning traverse and tales traverse jurors in the superior courts shall apply to the city court, except that the sheriff shall be paid $3.00 for summoning said jurors. All exemptions from jury duty now in force in the county of Washington shall apply and be of effect in the said city court. Jurors. Sec. 27. Be it further enacted by the authority aforesaid, That all laws in reference to the qualifications, relations, impaneling, fining and challenging jurors now in force in this State, or hereafter enacted by the General Assembly, regulating the same in the superior

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courts, shall apply to and be observed in said city court, except when inconsistent with the provisions of this Act. Jurors. Sec. 28. Be it further enacted by authority aforesaid, That sixteen jurors drawn and summoned as above provided shall be impaneled, and in all cases, civil or criminal, trial by a jury of twelve shall be had in said court when so demanded, but a trial by a jury of twelve may be waived, and in that event the jury shall be selected as follows: In civil cases each side shall have four strikes, and in criminal cases the defendant shall have five strikes and the State three strikes; eight shall thus constitute a jury. When a jury of eight shall have retired for the purpose of considering a case, the parties in any case may by consent agree to use the remaining eight jurors for the trial of such case, and this shall constitute a legal jury. If either party in a civil case or defendant in a criminal case declines to waive trial by a jury of twelve, then in a civil case each side shall be allowed two strikes, and in criminal cases the defendant shall be allowed three strikes and the State one strike from said panel. The jurors, those drawn on the regular panel, and likewise the talesmen, which the judge of said court is hereby empowered to have summoned instanter at any term of said court, whenever necessary to complete a panel, shall each receive the sum of two dollars per day while serving as jurors in said court, same to be paid under the rules governing the payment of superior court jurors. Juries. Sec. 29. Be it further enacted by the authority aforesaid, That the sheriff of said court, and with the approval of the judge, is authorized to appoint at each term of said court not exceeding two bailiffs, as officers of said court, who shall receive for their services two dollars per day. Bailiffs. Sec. 30. Be it further enacted by the authority aforesaid, That all criminal cases in said city court shall be tried by the judge thereof without a jury, except when the accused, in writing, shall demand a jury. A plea to the accusation shall be a waiver of the jury, and the accused shall not thereafter have the right to recall such waiver. If, upon the trial of any case, it shall appear to the judge that the evidence makes the case a felony against the accused, he shall thereupon suspend the trial and commit or bail over the defendant to the next superior court, as in preliminary examinations. Criminal cases; trial of. Sec. 31. Be it further enacted by the authority aforesaid, That defendants in criminal cases in said city court shall be tried on a written accusation setting forth plainly the offense charged, found upon the affidavit of the prosecutor, and signed by the solicitor of

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said city court, and in all criminal cases within the jurisdiction of said city court the defendant shall have no right to demand an indictment by the grand jury of Washington county. All the proceedings after accusations shall conform to the rules governing like cases in the superior courts, except there shall be no jury trials unless demanded by the accused as hereinbefore provided. In all cases tried the accusation shall set forth the offense charged, with the same particularity, both as to matter of form and substance, as is required by the laws and rules of criminal pleading to be observed in bills of indictment in the superior court. Accusation. Sec. 32. Be it further enacted by the authority aforesaid, That the judge of the superior court shall send down from the superior court of Washington 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, which order may be passed in term time, or in vacation; provided, that in all transfer cases the solicitor general of the middle circuit shall be entitled to his accrued costs, to be collected as herein provided for costs of the solicitor of the city court. Transfers from superior court. Sec. 33. Be it further enacted by the authority aforesaid, That it shall be the duty of all justices of the peace and notaries public of Washington county to bind over to said city court all persons charged with offenses committed within the limits of Washington county, over which said city court has jurisdiction, there to answer for said offenses. Cases returnable to. Sec. 34. Be it further enacted by the authority aforesaid, That a writ of error shall be from said city court to the Supreme Court of this State upon a bill of exceptions filed under the same rules and regulations as govern and control the issue of writs of error and filing of bills of exceptions in the superior courts of this State. Writ of error. Sec. 35. Be it further enacted by the authority aforesaid, That in all cases in said city court the same power and rights of parties as to waivers, pleadings of procedure, or other matters pertaining to the same, shall be allowed and upheld by the laws and rules to parties in said superior courts. Practice. Sec. 36. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to grant a new trial in any case, civil or criminal, in his court upon the same terms 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,

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rules, nisi, and other proceedings in new trials in the superior courts, shall apply to and govern the same in said city court. When a criminal case is heard at a special session of said city court, and the defendant desires to move for a new trial, such motion must be made and passed upon by the judge of said city court within five days after the rendition of the judgment complained of, and not afterwards, unless for good cause; further time may, by order, be granted, in the discretion of the judge of said court. In other respects such motion shall be governed by the ordinary rules aforesaid. New trials. Sec. 37. Be it further enacted by the authority aforesaid, That all suits against joint obligors, joint promisors, copartners, or joint trespassers, in which any one or more resides in the county of Washington, may be brought in said court, whether its jurisdiction as already stated under the same rules and regulations governing such cases in the superior courts, mutatis mutandis as to copies, second originals, returns and other matters connected with the suit. Suits against joint promisors. etc. Sec. 38. All civil cases shall be tried at the term to which the same are returned, and there shall be no appearance term in said court. All defenses, either by way of plea or demurrer, shall be filed by defendants at least five days before the term of the court to which the suit is returnable, and unless said defenses are so filed said case shall be considered in default, and such default shall not be opened, except in the manner provided by law for opening defaults in the superior courts of this State. The processes of said city court shall be so framed as to notify each defendant that he must file his defense, as aforesaid, at least five days before the term of the court to which the case is made returnable, and the judge of said city court shall proceed to try each case at the term to which the same is made returnable, unless such case shall be continued by the court, in accordance with the general law governing continuances in this State. Trials and defenses. Sec. 39. Be it further enacted by the authority aforesaid, That whenever the judge of said city court is, from any cause, disqualified from presiding, and the judge of the superior court cannot from any cause preside in said court, as provided for in the Constitution, then, upon the consent of the parties, or upon their failure or refusal to agree, said cause shall be 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 by the authority aforesaid, That in case of the absence of the judge of said city court at any term thereof, the sheriff or clerk of said court may adjourn it to such

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time as the judge may, in writing, direct, or if no direction be given, the court shall be adjourned to the next regular term. Adjournments. Sec. 41. Be it further enacted by the authority aforesaid, That all fines, forfeitures and convict hire arising from cases tried in said city court shall be collected by the solicitor thereof, and shall be paid over to the treasurer of said county, who shall keep the same as the insolvent fund of said city court, which shall be distributed to the various officers by the county treasurer, after deducting therefrom the costs due in each particular case, and paying the same to the respective officers entitled thereto, according to the order of the city court judge, upon their insolvent cost bills as approved by the judge of said court, and under order of the judge of said court, in the following manner: Twenty-five per cent. shall be paid to the solicitor general of the middle circuit on his insolvent cost bill in Washington county, twenty-five per cent. shall be paid to the clerk and sheriff of said city court pro rata upon their insolvent cost bills, twenty-five per cent. to the solicitor of said city court upon his insolvent cost bill, and the remaining twenty-five per cent. to be retained by the treasurer as the property of the county, and put in the general county funds. Should the fund arising from the fines, forfeitures and convict hire at any time, upon a division of the same as above prescribed, be more than sufficient to pay off the insolvent cost bills of said officers, then such excess shall belong to the county; provided, that in each criminal case where the defendant is convicted and is sent to the chain gang of Washington county to work on the public works of said county, as provided by law, the county shall pay to all the officers of court, and also to the various justices of the peace and constables of said county, their entire costs in each of said cases, which shall be paid out of the county treasury by the county treasurer of Washington county to said officers upon orders of the judge of said city court. Fines, forfeitures and convict hire, how distributed. Sec. 42. Be it further enacted by the authority aforesaid, That the commissioners of roads and revenues of the county of Washington, or other proper officers, shall provide a suitable place in the court house in the said city of Sandersville for the holding of said court, and provide the necessary books for keeping the dockets, minutes and records of said city court, and said authorities shall provide an office in the court house for the judge of said city court. Court house and supplies. Sec. 43. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Oct. 31, 1901.

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CITY COURT OF VALDOSTA, ACT CREATING REPEALED. No. 277. An Act to repeal an Act entitled An Act to establish the city court of Valdosta, in the city of Valdosta, in and for the county of Lowndes; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define the powers and duties of the judge and other officers thereof, and for other purposes, approved November 29th, 1897, and to abolish the city court of Valdosta, established and organized under the above recited Act; to provide for the disposition of the business pending therein, and all of the books, records and court papers appertaining or belonging to said court, 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 court of Valdosta, created and organized under and by virtue of an Act entitled An Act to establish the city court of Valdosta, in the city of Valdosta, in and for the county of Lowndes; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define the powers and duties of the judge and other officers thereof, and for other purposes, approved November 29th, 1897, be, and the same is, hereby abolished, and said Act is hereby repealed. City court of Valdosta abolished. Sec. 2. Be it further enacted, That all suits now pending in the said court shall be transferred to the city court of Valdosta, established in the city of Valdosta, and in and for the county of Lowndes, under and by virtue of An Act to establish the city court of Valdosta, in and for the county of Lowndes; to define its jurisdiction and powers; to provide for the appointment of a judge, solicitor general 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, passed at the present session of the General Assembly of Georgia. Cases in transferred. Sec. 3. Be it further enacted, That all fi. fas. and other final processes of said city court of Valdosta created and organized under said Act aforesaid, approved November 29, 1897, and now unsatisfied, shall be executed by the sheriff of said county, and all issues or claims raised by reason of the enforcement of said fi. fas., or other final processes, shall be returned to the said city court of Valdosta, established in the city of Valdosta, under and by virtue of the

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Act creating and establishing said city court, passed at the present session of the General Assembly of Georgia, and referred to in section 2 of this Act, for trial and final disposition. Processes from, how returnable Sec. 4. Be it further enacted, That all the records, books and papers now belonging to or appertaining to the said city court of Valdosta, created and organized under said Act aforesaid, approved November 29, 1897, shall be deposited with the clerk of said city court of Valdosta, established under an Act passed at the present session of the General Assembly of Georgia, and referred to in section two of this Act. Books, etc. disposition of. Sec. 5. Be it further enacted, That the provisions of this Act shall not go into force and be of effect until the passage and approval by the Governor of an Act to establish the city court of Valdosta, in and for the county of Lowndes; to define its jurisdiction and powers; to provide for the appintment of a judge, solicitor general 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. Act, takes effect when. Sec. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 11, 1901. CITY COURT OF VALDOSTA ESTABLISHED. No. 278. An Act to establish the city court of Valdosta, in and for the county of Lowndes; to define its jurisdiction and powers; to provide for the appointment of a judge, solicitor general and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein, and writs of error therefrom, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the city court of Valdosta is hereby established in the city of Valdosta, and created with civil and criminal jurisdiction over the whole county of Lowndes; this Act to take effect on the passage thereof, and the approval of the Governor. City court of Valdosta established. Sec. 2. Be it further enacted, That said city court of Valdosta shall have jurisdiction to try and dispose of all civil cases of whatever nature or amount, except in those cases over which exclusive

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jurisdiction is vested in the superior court by the Constitution and laws of the State of Georgia; always provided, that said city court of Valdosta shall not have power to correct errors in inferior jurisdiction by writ of certioari, and said city court shall not have power to issue writs of mandamus, or prohibition, or quo warranto, or to foreclose mortgages on real estate. In all suits brought in said court in principal sums of one hundred dollars or less, the clerk shall only receive justice court cost, with recording fees additional, as hereinafter provided, and the sheriff shall only receive seventy-five cents for serving each copy of suit and one dollar for each levy, in all cases in said city court of $100.00 or under. When the clerk and the sheriff perform services for which no fees are provided in justice's court, they shall receive the same fees as are provided in this bill for like services in cases arising in this court. When the amount involved is over $100.00, but in all cases of $100.00 or under, the clerk shall only receive for filing and docketing, entering verdict and judgment on the minutes, and copying and issuing processes, thirty-five cents each for the three items. Jurisdiction in civil cases. Fees of officers. Sec. 3. Be it further enacted, That the said city court of Valdosta shall have jurisdiction to try and dispose of all criminal cases, when the offender is not subject to loss of life or confinement in the penitentiary, when the offense is committed in the county of Lowndes. Jurisdiction in criminal cases. Sec. 4. Be it further enacted, That there shall be a judge of said city court of Valdosta, 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 until his successor is appointed and qualified, and all vacancies in the office of judge shall be filled by appointment of the Governor for the residue of the unexpired term, such appointment being subject to the approval of the senate, which may then be in session, or if the senate be not in session at the time of such appointment, then subject to the approval of the senate at its next session thereafter. The judge of said city court of Valdosta 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 Lowndes by the person or persons charged by the law with paying out of the money of Lowndes county. Judge. Salary. Sec. 5. Be it further enacted, That any person who shall be

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appointed judge of said city court must, at the time of said appointment, be at least twenty-seven years of age, he must also have been a resident of Lowndes county at least three years immediately preceding his appointment, and he must also have been a practicing attorney at least three 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 do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as judge of the city court of Valdosta, of this State, according to the best of my ability and understanding, agreeable to the laws and Constitution of this State and the Constitution of the United States, so help me God, and said oath shall immediately thereafter be forwarded to the Governor and filed in the executive department. Said judge may practice law in any other court except the court created by this Act. He shall have authority to issue criminal warrants, to dispossess tenants holding over and intruders, to issue distress warrants, and generally do all acts which the judges of the county courts of this State are authorized to do, unless otherwise provided in this Act. Qualification. Oath. Sec. 6. Be it further enacted, That there shall be a solicitor general of said city court of Valdosta, 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 shall be filled in like manner for the unexpired term. He must be at least 25 years of age, and must have been a practicing attorney for three years preceding his appointment, and a resident of Lowndes county for three years preceding his appointment, and shall take the oath of office required of solicitors general. The fees of the solicitor general in said court shall be the same as the solicitors general for services in like cases in the superior court. Solicitor. Qualification. Fees. Sec. 7. Be it further enacted, That there shall be a clerk of the said court, who shall be appointed by the judge thereof. Said clerk shall, before entering upon the duties of his office, take and subscribe an oath to faithfully and impartially discharge the duties of the office thereof, which oath shall be entered on the book of minutes of said court; he shall also, before entering upon the duties of his office, execute a bond with good and sufficient security in the sum of three thousand dollars, for the faithful discharge of the duties of his office; he shall hold his office during the term of four years, and shall have power and authority to appoint a deputy clerk, with all powers of said clerk. The clerk of the superior

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court of Lowndes county shall be eligible to appointment to the office of clerk of the city court of Valdosta. Clerk. Sec. 8. Be it further enacted, That the sheriff of Lowndes county shall be ex officio sheriff of the city court of Valdosta, and in his official connection with said court he shall be known as the sheriff of said city court of Valdosta. Before entering upon the discharge of the duties of his office he shall execute a bond, with good security, in the sum of five thousand dollars, for the faithful discharge of the duties of his office; he shall have power to appoint a deputy or deputies. All the duties and liabilities attached to the office of clerk of the superior court, and to the office of sheriff, shall be attached to the office of clerk of the city court of Valdosta, and to the office of sheriff of the city court of Valdosta, respectively, and the judge of said city court of Valdosta is empowered to exercise the same authority over the said clerk and sheriff, and his deputy or deputies, as is exercised by the judges of the superior courts over the clerks of the superior courts and sheriffs of the counties in Georgia. If the sheriff fails to give bond within sixty days, that the judge be authorized to appoint a sheriff who shall give like bond before entering on his duties, and his term shall expire at the same time as the sheriff of the county. Sheriff. Sec. 9. Be it further enacted, That the fees of the clerk, and of the sheriff of said court in criminal cases, 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 when no indictment is demanded or has been found. The clerk shall only receive three dollars; and for his attendance at the regular terms of said court the sheriff shall receive the same pay, to be paid in the same manner, as now allowed him for similar services in the superior court of Lowndes county; provided, he shall not receive pay for exceeding fifteen days in the year. The fees of the clerk for his attendance at the regular terms of said court shall be the same per day as that received by the clerk of the superior court, and to be paid in the same manner; provided, he shall not receive pay for exceeding fifteen days in a year. The clerk shall receive one-third less costs in all civil cases, when the principal amount involved is above one hundred dollars, than is received by the clerk of the superior court for like services, and said reduction to be on each item of said costs, except for recording proceedings, issuing sobp[oelig]nas and jury scrip, he shall receive same fees as are allowed the clerk of the superior court. The fees of the sheriff in all civil cases, when the principal amount involved is above one hundred

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dollars, shall be the same as the fees for like services in the superior court. Fees of officers. Sec. 10. Be it further enacted, That the judge of the city court shall have power to issue writs of habeas corpus, and to hear and dispose of the same in the same way and with the same power as the judge of the superior court. Habeas corpus. Sec. 11. Be it further enacted, That the terms of said city court of Valdosta shall be held quarterly, beginning on the second Mondays in March, June, September and December of every year. The judge of said city court shall have power to hold said court in session and adjourn from time to time; provided, that said court shall be finally adjourned at least five days before the next succeeding term. Terms. Sec. 12. Be it further enacted, That suits in said city court shall in all respects be conformable to the mode of proceedings in the superior courts, except as hereinafter provided; but the process to writs shall be annexed by the clerk of said city court, be tested in the name of the judge thereof, and be directed to and served by the sheriff of the city court of Valdosta, or his deputies. Procedure. Sec. 13. Be it further enacted, That in all matters pertaining to time of commencing suit, to service, pleading and practice, the laws governing the superior court, where not inconsistent with this Act, and unless otherwise specially provided by this Act, shall be applicable to said city court. 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 said court has jurisdiction, and give judgment and execution therein; provided always, that either party in any cause shall be entitled to a trial by a jury in said court upon entering a demand therefor, by himself or his attorney, in writing, within fifteen days after the first day of the term of said court to which the cause is returnable; in all cases where such party is entitled to a trial by a jury under the Constitution and laws of this State, except cases where the principal sum involved is not over fifty dollars, a trial by a jury shall not be had. Trials. Sec. 15. Be it further enacted, That all judgments obtained in said city court shall be a lien on all property belonging to the defendant, or the defendants, throughout the State, in the same manner as judgments of the superior courts are; but the property exempt from levy and sale under the laws of this State shall be exempt from levy and sale under process from said court, and all executions issuing from said court shall be tested in the name of the judge and signed by the clerk and directed to the sheriff, or his deputies,

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of said city court of Valdosta, and to all and singular the sheriffs, or their deputies, of the State of Georgia. Judgments, lien of. Sec. 16. Be it further enacted, That said court shall have jurisdiction of all claim cases where personal property is levied on under executions, or other process, from said court, and such claims shall be tried in the same manner as claims in the superior court. Claims to personalty Sec. 17. Be it further enacted, That claims to real property [Illegible Text] on under executions, or other processes, from said city court, shall be returned to the superior court of the county where such real property is situated, and shall there proceed as other claims in the superior court. Claims to realty. Sec. 18. Be it further enacted, That all laws upon the subject of attachments and garnishments as to any matter whatever in the superior courts of this State shall apply to said city court as if named with the superior court, so far as the nature of the city court will admit. Attachments in said court, or returnable to said court, shall be directed to the sheriff, or his deputies, of the city court of Valdosta, 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 and ex officio justice of the peace, may issue attachments returnable to said city court, under the same laws that govern the issuing of attachments returnable to the superior courts. Attachments and garnishments. Sec. 19. Be it further enacted, That garnishment proceedings in said city court shall be conformable to the laws of the State on the subject in the superior court. When any garnishment proceedings are commenced under section 4715 or 4716 and 4717 of the Code of Georgia of 1895, volume 2, based upon suits pending in this court, or judgment obtained in this court, the person served with summons of garnishment residing in a different county from the county of Lowndes shall be required to answer in the superior court of the county of his residence in the manner provided by said sections aforesaid. 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, but such scire facias shall run throughout the State, and may be served by any sheriff, or his deputy thereof. 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, arbitrations, examinations of parties to suits or witnesses by interrogatories or under subpoena, witnesses and their attendance, continuances, or other

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matter of judicial nature within jurisdiction of said city court, shall be applicable to said city court. Practice. Sec. 22. Be it further enacted, That the judge of said city court shall have power to cause testimony to be taken and use de bene esses, and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the general laws of this State, and the judge and all other officers of said city court shall have power respectively to administer all oaths pertaining to their office, as the judge and other officers of the superior court may in like eases do, and said judge shall also have power to attest deeds and other papers, and administer affidavits in all cases anywhere in this State in which, by existing laws, such papers may be attested and the affidavits administered by justices of the peace of this State; and the judge of said city court shall have all the power and authority throughout his jurisdiction of judges of the superior courts, except where by law exclusive power and authority are [Illegible Text] in the judges of the superior courts, and all laws relating to and governing judges of the superior courts shall apply to the judge of said city court, so far as the same may be applicable, except as herein provided. Judge, powers of. Sec. 23. Be it further enacted, That said city court of Valdosta shall be a court of record, and shall have a seal and the minutes, records, order and other books and files that are required by law and rules to be kept for the superior courts, shall be kept in and for said city court, and in the same manner; and all laws applicable to the duties of the clerk and sheriff in said superior courts shall apply to them in said city court, except where they conflict with the provisions of this Act. Court of record. Sec. 24. Be it further enacted, That all laws regulating the enforcing of judgments of the superior court, whether civil or criminal, shall apply to said city court, and executions shall issue and be levied and sales be had thereunder under the same rules and laws regulating the same in the superior court. Judgments, how enforced. Sec. 25. Be it further enacted, That the judge of said city court shall have the same power to enforce his orders, to preserve order, punish for contempt, and to enforce all his judgments, as is vested by law in the judges of the superior courts of this State. Contempt Sec. 26. Be it further enacted, That all persons liable to serve as grand and petit jurors in the superior court of said county shall be liable to serve as petit jurors in said city court, and it shall be the duty of the clerk of said city court, court to copy into a book the list of all names of persons liable to serve as grand and petit jurors in the said superior court to be taken from the list of the said

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superior court, under the supervision of the judge of said city court, and to make a new list as often as said superior court jury lists are revised to conform to said revision, which said book containing the list of persons so liable to serve as jurors in said city court, as above directed, shall be alphabetically arranged and shall be kept in the office of the clerk of the said city court. The said clerk shall also make out tickets equal in number to the number of names in said list, and write upon each the name of one of the said persons and deposit the same in a box, to be provided at public expense and numbered one, until there shall be a ticket in said box bearing the name of each person on said lists. Jurors. Sec. 27. Be it further enacted, That during the session of said city court at each term, in open court, the judge of said court, or the judge of the superior court, when presiding in said court, shall draw from said box number one sixteen names of persons to serve as jurors at the next term of said city court, and shall cause the clerk to record said names so drawn, and then place them in another box, to be provided as above stated, and numbered two. The judge of said court for the first term held under this Act may draw a jury in the same manner herein provided as soon as he is appointed and qualified, and have them served five days before said term; but this shall not apply to any other term of said court. These boxes shall be so constructed as to be kept under one seal and lock, and shall be kept sealed and shall not be opened by any person except the judge of said city court, or the judge of the superior court when presiding in his place, for the purpose of drawing juries in open court, except in cases where, from failure to draw a jury at term time, or from any other cause, it may be necessary to draw a jury in vacation. Should it become necessary to so draw a jury in vacation the judge of said city court, or the judge of the superior court, may at any time fifteen days before the next term of said city court, in the presence of the clerk and sheriff of said city court, proceed to draw juries in the same manner as above prescribed. The clerk shall keep said jury boxes and the sheriff of said court shall keep the key. Juries. Sec. 28. The clerk shall make out a precept containing the names of the persons drawn as above directed, and a summons for each juror, and deliver the same to the sheriff of said court fifteen days before the next term of said city court, who shall serve each of said persons by handing him a summons personally, or leaving the same at his most notorious place of abode, at least ten days before the term of said city court at which he is required to attend. Summons for jurors. Sec. 29. Be it further enacted, That sixteen jurors shall be

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drawn, summoned and impaneled, and if by reason of nonattendance or disqualification of any of said regular panel the same is not full, the judge of said court shall direct the same to be filled by tales jurors, in the same manner as is done in the superior court. In civil cases each side shall strike two from the panel of sixteen, and in criminal cases the defendant shall strike three and the State one from said panel. The sheriff of said court shall be entitled to a fee of three dollars for summoning the jurors for each term, the same to be paid in the same manner as the sheriff of the superior court is paid for similar services. Juries. Sec. 30. Be it further enacted, That the defendants in criminal cases in said city court of Valdosta may be tried on written accusation, setting forth plainly the offense charged, founded on affidavit made by the prosecutor, and said accusation shall be signed by the prosecutor and the prosecuting officer of said court. Before the arraignment of the defendant the said judge shall inquire of him whether he demands indictment, and the response of the defendant shall be indorsed on said accusation and signed by the prosecuting officer of said court. If the defendant demands indictment the judge of said court shall, in the event of the inability of the defendant to furnish proper bail, which shall be required of him for his appearance to answer such indictment as may be found against him, conformable to the general law of bail in criminal cases, commit said defendant to the common jail of said county to await the action of the grand jury in such cases. In the event a true bill is found or special presentment made in such case and returned to said city court of Valdosta, all subsequent proceedings shall be in conformity with the laws regulating the trial of misdemeanors in the superior courts; but the jury shall be selected in the manner provided by this Act. If the defendant waives indictment the judge of said court shall inquire of him whether he demands a trial by jury, and the response of the defendant shall be indorsed of said accusation and signed by the prosecuting officer in said court. If the defendant demands a trial by jury the judge of said court shall proceed with said cause, if at regular term of said court, according to the rules and laws of the superior court applicable to the trial of misdemeanors, but the jury shall be selected in the manner provided by this Act. 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

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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. Accusation. Indictment. Trials. Sec. 31. Be it further enacted, That the judge of the superior court may send down from the superior court of Lowndes county all presentments 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. Transfers from superior court. Sec. 32. Be it further enacted, That it shall be the duty of all the justices of the peace and notaries public of Lowndes county to bind over to said city court all persons charged with offences committed within the limits of Lowndes county over which city court has jurisdiction to answer for said offences. Cases, returnable to. Sec. 33. Be it further enacted, That a writ of error shall be directed from said city court to the Supreme Court of this State upon a bill of exceptions filed under the same rules and regulations as govern and control the issue of writs of error and filing of bills of exceptions in the superior courts of this State. Writ of error. Sec. 34. Be it further enacted, That in all cases in said court the same powers and the rights of parties as to the waiver in pleading or procedure, or 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 all cases, civil and criminal, now pending and undisposed of in the city court of Valdosta created and organized under an Act of the General Assembly of Georgia, approved November 29, 1897, and including all civil cases filed in said court, whether the parties have been served or not, shall be, and are hereby, transferred to the city court of Valdosta, created and organized under this present Act, and the same, including claims and illegalities hereafter filed, shall be placed upon the proper docket in said city court created and organized under this Act, and shall be tried and disposed of as other cases in said city court created and organized under this Act. All fi. fas. and all final and other processes now in the hands of the sheriff, bailiffs or other officers, or that may hereafter come into their hands, which are made returnable to the city court of Lowndes county, or the city court of Valdosta, created and organized under an Act of the General Assembly of Georgia, approved November 29, 1897, shall be by them returnable to the city court of Valdosta, created and organized under this present Act, instead of the said city court of Lowndes county, or the said city court of Valdosta, created and organized

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under an Act of the General Assembly of Georgia, approved November 29, 1897; all fi. fas. and all final and other processes now in the hands of the sheriff, bailiffs, or other officers, which are made returnable to the county court of Lowndes county, shall be by them returnable to said city court of Valdosta, created and organized under this Act, including all claims and illegalities that may hereafter be filed. The judge and other officers of said city court created and organized under this Act shall have power and authority to issue and enforce in the name of the said city court of Valdosta any and all processes in any case from the city court of Lowndes county, or the city court of Valdosta, created and organized under an Act of the General Assembly of Georgia approved November 29, 1897. All records, books and papers disposed of and of file in said city court of Lowndes county, or the said city court of Valdosta, created and organized under an Act of the General Assembly of Georgia, approved November 29, 1897, shall be filed and deposited with the clerk of said city court of Valdosta, created and organized under this Act; that all fi. fas. and final processes not satisfied now in the hands of the sheriff of said city court of Lowndes county, or the sheriff of the said city court of Valdosta, created and organized under an Act of the General Assembly, approved November 29, 1897, or other officers of said courts, shall be levied and enforced by the sheriff of the city court of Valdosta, created and organized under this Act, or other officers authorized to do so, and return made to said city court of Valdosta, created and organized under this Act. City court under Act of 1897, business of transferred. Sec. 36. Be it further enacted, That the judge of said city court shall have power to grant a new trial in any case, civil or criminal, in his court upon the same terms and conditions, and under the same laws and regulations, in every respect, governing the granting of new trials in the superior courts. All rules of pleadings, practice and proceedure governing motions, rules nisi, and other proceedings in new trials in the superior courts, shall apply to and govern the same in said city court. New trials. Sec. 37. Be it further enacted, That all juries in said city court shall receive one dollar and a half per day for their services for every day of actual attendance, and shall be paid in the same manner and under the same rules and regulations as jurors in the superior courts. Jury fees. Sec. 38. Be it further enacted, That all suits against joint obligators, joint obligators, joint promisors, copartners or joint trespassers, in which any one or more resides in the county of Lowndes, may be brought in said court within its jurisdiction, as already stated, under the

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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 writ. Sec. 39. Be it further enacted, That all rules of the superior court relating to continuances, motions, pleas and practice, shall be applicable to said city court, and shall obtain therein. Practice Sec. 40. Be it further enacted, That the solicitor of said court shall for his services in the Supreme Court be paid out of the treasury of the State by warrant drawn by the Governor upon certificate of the clerk of the Supreme Court as to the performance of such services, and the certificate of the clerk of the city court of the insolvency or acquittal of defendant. Solicitors, fees of in Supreme Court. Sec. 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; the second shall be the trial or judgment term, and all the laws, rules and practice in said court with reference to the terms thereof, and to the continuances, pleadings and trials of causes therein, shall be the same as in the superior court, unless otherwise provided in this Act. Appearance and trial terms Sec. 42. Be it further enacted, That whenever the judge of the said city court is, from any cause, disqualified from presiding, and the judge of the superior court is not present to 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. 43. Be it further enacted, That all criminal cases tried in said city court by the judge, or by him and a jury, the party held liable for the cost shall pay to the judge the sum of three dollars for the county, to be paid to the county treasurer for general purposes. In all cases commenced, but not tried, the party held liable for the cost shall pay the sum of two dollars, to be disposed of as aforesaid. Costs Sec. 44. Be it further enacted, That on the second Monday of each quarter, or any day previous to said second Monday he may see proper to do so, the judge of said court shall distribute the money received from the proceeds of the labor of convicts convicted in said court, and the fines and forfeitures arising from cases tried in said court. Said money shall be distributed as follows: All bills for insolvent cost due the solicitor of said court, the sheriff, the county and the clerk, shall be approved by the judge of said court and entered on the minutes thereof, and shall be a lien upon all the fines and forfeitures raised in said city court and money derived

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from convicts as aforesaid, superior to all other claims for insolvent cost; and when the judge distributes such fines and forfeitures he shall pay the same to the solicitor of said court, the sheriff, the county and the clerk pro rata on their bills for insolvent costs, for fees in cases in said city court, and when said bill of insolvent costs of the solicitor of said court, sheriff, the county and clerk are fully paid, the judge shall order the surplus paid to the person who by law acts as the treasurer of Lowndes county, which surplus shall be by him placed to the credit of the fine and forfeiture fund of said county and distributed as now provided by law. In cases tried in said city court which have been transferred from the superior court, the solicitor general and clerk of the superior court, and the sheriff and the county, shall have the right to share pro rata in all fines and forfeitures and money arising from said transferred cases before any surplus is paid into the county treasury; provided always, that in all cases in which the justices of the peace or notary publics and ex officio justices of the peace has bound over any offender to said court, or the superior court, and the case is afterwards transferred to the city court, the justices of the peace, or notary public or ex officio justice of the peace, so binding over shall be entitled to share as to his costs in the particular case with the sheriff, clerk, the county and solicitor general, upon the same terms in any fine or forfeitures that may arise therefrom. Fines, forfeitures and convict hire, distribution of. Sec. 45. Be it further enacted, That said court shall be held at the court house of Lowndes county, in the city of Valdosta, and the board of commissioners of roads and revenues for the county of Lowndes shall provide the necessary books for keeping the docket, minutes and records of said city court. Court house and supplies. Sec. 46. Be it further enacted, That all laws and parts of laws in conflict with this Act, be, and the same are, hereby repealed. Repealing clause. Approved December 11, 1901.

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CITY COURT OF VIENNA ESTABLISHED. No. 341. An Act to establish the city court of Vienna, in and for the county of Dooly; to define its jurisdiction and powers; to provide for the election of a judge and solicitor and other officers thereof; to define their powers and duties; to provide for pleadings and practice, and new trials in said court, and writs of error therefrom to the Supreme Court, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the city court of Vienna, to be located in the city of Vienna, in the county of Dooly, is hereby established and created, with civil and criminal jurisdiction over the whole county of Dooly, 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 Dooly. 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 may hereafter 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 proceeding from said court, statutory, awards, proceedings against intruders and tenants holding over, partitions of personalty, issues upon distress warrants, foreclosures of all liens and mortgages, and quo warrantos. City court of Vienna. Jurisdiction. Sec. 2. Be it further enacted by the authority aforesaid, That D. L. Henderson shall be judge of said city court until January 1, 1903, and that he shall be commissioned by the Governor for said time. His successors as judge of said court 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 office of judge shall be filled by appointment of the Governor for the residue of the unfinished term, and such appointment being subject to the approval of the senate, which may then be in session, or if the senate be not in session at the time of such appointment, then subject to the approval of the senate at its next session thereafter. The judge of the city court of Vienna shall receive a salary

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of fifteen hundred dollars per annum, which shall not be increased or diminished during his term of office, except to apply to a subsequent term, and shall be paid monthly out of the treasury of the county of Dooly by the person or persons charged by law with the paying out of the moneys of Dooly county; provided, the term of the judge first appointed under this Act shall expire four years from the date of his appointment. Said judge shall not practice law in the city or superior court. Judge Salary. Sec. 3. Be it further enacted by the authority aforesaid, That no one shall be eligible to the office of said judgeship unless he be at the time of his qualification twenty-eight years of age, a resident of the county of Dooly four years immediately preceding his appointment, and must have practiced law seven years. He shall, before entering upon the duties of his office, take and subscribe the following oath: I do solemnly swear that I will administer justice without respect of person, and do equal rights to the poor and rich, and that I will faithfully perform all duties which may be required of me as judge of the city court of Vienna, of this State, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State, and the United States, so help me God, which oath shall be filed with the Governor in the executive department. Qualification. Oath. Sec. 4. Be it further enacted by the authority aforesaid, That J. T. Hall shall be the solicitor of the city court of Vienna until January 1, 1903, and that he shall be commissioned by the Governor for said time. His successor shall be appointed by the Governor, by and with the consent and approval of the senate. The Governor shall appoint to the office of solicitor of the city court of Vienna a competent attorney, whose term of office shall be two years. The said solicitor shall receive the same fees for each written accusation as and how the solicitor general for each indictment in the superior court. In the absence or disqualification of said solicitor the city court judge shall appoint a solicitor pro tem., who shall receive the same fees as are allowed the regularly appointed solicitor of said court. Solicitor. Fees. Sec. 5. Be it further enacted by the authority aforesaid, That no one shall be eligible to the office of said solicitorship unless he be at the time of his qualification twenty-five years of age, and shall have resided in the county aforesaid for three years immediately preceding his election, and must have practiced law for three years. The solicitor of said city court of Vienna shall for his services in the Supreme Court be paid out of the treasury of the State in the same manner as the solicitor generals of the superior courts are

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paid for like services in the Supreme Court. The said solicitor of said city court of Vienna shall, before entering upon the duties of his office, take and subscribe the following oath: I do solemnly swear that I will faithfully and impartially, and without fear, favor or affection, discharge my duties as solicitor of the city court of Vienna, and will take only my lawful fees of office, so help me God, which oath shall be immediately forwarded to the Governor and filed in the executive department. Said solicitor of the said city court of Vienna shall also give bond with good security in the sum of $750.00, made payable and conditioned the same as bonds of the solicitor generals of this State, which bond shall be filed and kept in the same manner as the bonds of the solicitor generals are filed and kept. Qualification. Oath. Bond. Sec. 6. Be it further enacted by the authority aforesaid, That the sheriff of Dooly county shall be ex officio sheriff of said city court of Vienna, and in his official connection with said court shall be known as the sheriff of said city court of Vienna. Said sheriff shall not be required to give an additional bond for the faithful discharge of his duties, but all the liabilities attached to the sheriff of the superior court shall attach to the office of sheriff of the city court of Vienna, and the official bond given by him as sheriff of the county of Dooly shall be held liable for the faithful performance of his duties as said sheriff of the city court. Sheriff. Sec. 7. Be it further enacted by the authority aforesaid, That the clerk of the superior court of Dooly county shall be ex-officio clerk of the city court of Vienna, and in his official connection with said court shall be known as the clerk of the city court of Vienna. He shall have power to appoint a deputy, or deputies. All duties and liabilities attached to the clerk of the superior court shall be attached to the office of the clerk of the city court of Vienna. He shall not be required to give a bond in addition to that already given as clerk of the superior court, but the bond already given by him as clerk of the superior court shall be held liable for the faithful performance of his duties as clerk of the city court of Vienna, and the judge of said city court of Vienna 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 clerk of the superior court, and the sheriffs of the counties of Georgia. Clerk. Sec. 8. Be it further enacted by the authority aforesaid, That the fees of the said clerk and sheriff of the said city court shall be the same as are now or may hereafter be paid by law to the clerk of the superior court and to the sheriff of the county, except in criminal

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cases; when no indictment has been found the clerk will only receive $3.00, and except also in civil cases when the principal amount claimed does not exceed $100.00, costs of the clerk for entire services shall be $2.00, and in cases where the principal amount does not exceed $500.00, and not less than $100.00, the clerk and sheriff's cost for their entire service shall be as follows: Clerk's cost $4.00, and the sheriff's cost shall be $2.00 for each copy delivered by him, and the cost of the sheriff shall be the same as is now provided by law for cases tried in the monthly term of county courts of this State; and for their attendance at the regular term of said court, the sheriff and clerk shall each receive $2.00 per day, to be paid in the same manner as they are now paid for similar service in the superior court. The said clerk and sheriff shall receive the same fees for issuing and subpoenaing witnesses as are paid to them in the superior courts of the State, and where no compensation is provided by law, then their fees and compensation shall be such as the judge of said city court, in his sound discretion, shall allow. They shall be amenable to the same process and penalties as are now prescribed by law governing like officers of the superior court, and shall be entitled to the same remedies to enforce their fees and costs in said city court as they are now entitled to in the superior court. Fees of officers. Sec. 9. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to issue writs of habeas corpus, to hear and dispose of the same and in the same way, and with the same power, as the judge of the superior court. Habeas corpus. Sec. 10. Be it further enacted by the authority aforesaid, That the terms of said city court shall be monthly and quarterly, the monthly terms for the trial and disposition of civil business where the sum involved does not exceed $100, and the quarterly term for the trial and disposition of both criminal and civil business. The time for holding said terms of said court shall be fixed by the city court judge. Said terms shall be as near equal distance as convenience will admit, notice of which shall be given by advertisement on time in the newspaper in which is published the sheriff's advertisements of said county of Dooly. The session of said court shall be held in the court house of Dooly county, in said city of Vienna, 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. And when necessary juries shall be drawn as hereinafter directed, and the session of said court shall last until the business is disposed of, unless sooner adjourned for good cause. The judge of said city court shall, in his discretion, hold his court at the same time, or at

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any other time than the regular term, for the transaction of criminal business which does not require a jury, as speedy as possible consistent with the interest of the State and accused, and may also hold adjourned terms of the regular montly and quarterly terms of the city court, for which he may draw new juries, or require the attendance of the same, as in his sound discretion may seem best. Said city court judge may also, in his discretion, set cases for trial at convenient times, and the same may then be tried as of the term, whether court has been held from day to day until the said time or not. Terms Sec. 11. Be it further enacted by the authority aforesaid, That suits in said city court shall in all respects be conformable to the mode of procedure in the superior courts, as hereinafter provided, but the process to writs shall be annexed by the clerk of said city court to be tested in the name of the judge and be directed to and served by the sheriff of the city court of Vienna, or his deputy. Procedure. Sec. 12. Be it further enacted by the authority aforesaid, That in all matter pertaining to service, pleadings and practice, that the laws governing the superior courts, where not inconsistent with this Act, and unless otherwise specially provided by this Act, shall be applicable to said city court. Practice. Sec. 13. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power and authority to hear and determine without a jury all civil causes of which said city court has jurisdiction to give judgments and executions therein; provided, that either party in any cause where the principal sum exceeds $50.00 shall be entitled to a trial by a 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 at which said call is returnable; provided further, that in any case where more than $50.00 principal is involved and an issuable defense is filed on oath and a jury is demanded, such case shall be transferred to the next quarterly term of said court, and there shall stand for trial by a jury. Ordinary suits brought to said monthly session 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 defendant throughout the State, in the same manner as the judgments of the superior courts

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are. All laws upon the subject of attachment and garnishments in the superior courts of this State shall apply to said city court so far as the nature of the said city court will admit. The judge of said city court, or any other officer authorized by law to issue attachments, may issue attachments returnable to said city court under the same laws that govern the issuing of attachments in the superior courts, and all attachments returnable to the city court of Vienna shall be directed to all and singular the sheriffs of the city court of Vienna, and their deputies, of this State, and may be served by the sheriff of the city court, or any other sheriff or constable 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 of this State on this subject in the superior court. All executions issuing from said court shall be tested in the name of the judge and signed by the clerk and directed to the sheriff, or his deputy, of the said city court of Vienna, and to all and singular the sheriffs, or their deputies, of the State of Georgia. Trials. Judgments, lien of. Attachments and garnishments. Sec. 14. Be it further enacted by the authority aforesaid, That the said city court shall have jurisdiction of all claim cases where personal property is levied on under executions or other process from said court, and such claim shall be tried in the same manner as the claims in the superior courts. Claims to personalty Sec. 15. Be it further enacted by the authority aforesaid, That claims to real property levied on under execution or other process from said city court shall be returned to the superior courts of the county, where such real property is situated, and shall then proceed as other claims in the superior courts. Claims to realty. Sec. 16. Be it further enacted by the authority aforesaid, That garnishment and attachment proceedings and distress warrants in said city court shall be conformable to the laws of the State on this subject in the superior court. Attachments and garnishments. Sec. 17. Be it further enacted by authority aforesaid, That scire facias to make parties in any cause in said city court shall be had as in the superior court, but such scire facias shall run throughout the State, and may be served by any sheriff or his deputy thereof. Scire facias Sec. 18. Be it further enacted by authority aforesaid, That the general laws of this State in regard to the commencement of suits in superior court defenses, set-offs, affidavits of illegality, arbitration, examination of parties to suits or witnesses by interrogatories or under subpoenas, witnesses and their attendance, continuances, or other matters of a judicial nature within the jurisdiction of said

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city court, shall be applicable to said city court, except as to suits brought to the monthly session of said court, which are required to be filed fifteen days before the term at which they are returnable, and to be served ten days before said term and judgments to be had thereon at first term, unless a plea is filed. Practice, Sec. 19. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to have testimony taken and used de bene esse, and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the general laws of this State, and the judge and all other officers of said city court shall have power respectively to administer all oaths pertaining to their office, as the judge and other officers of the superior court may in like cases do, and said judge shall also have power to attest deeds and other papers, and administer affidavits in all cases anywhere in the State in which by existing laws deeds and papers may be attested and affidavits administered by justices of the peace of this State; and the judge of said city court shall have all the power and authority throughout his jurisdiction as 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. Judge, powers of. Sec. 20. Be it further enacted by the authority aforesaid, That the said city court of Vienna shall be a court of record, and shall have a seal, and the minutes, records, orders, dockets 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 it shall be the duty of the ordinary of Dooly county, or other proper person, to furnish the necessary books and dockets for said court, and all laws applicable to the duties of the clerk and sheriff in the said superior court shall apply to them in said city court, except where they conflict with the provisions of this Act. Court of record. Sec. 21. Be it further enacted by the authority aforesaid, 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 thereunder under the same rules and laws regulating the same in the superior court. Judgments, how enforced. Sec. 22. Be it enacted further by the authority aforesaid, That the judge of the said city court shall have the power to enforce his orders, to preserve order, punish for contempt, and to enforce

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all his judgments as is vested by law in the judges of the superior courts of this State. Contempt. Sec. 23. Be it further enacted by the authority aforesaid, That traverse jurors in the city court of Vienna shall be procured in the following manner: The clerk of the superior court, who shall be ex-officio clerk of the city court of Vienna, 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 traverse juries to serve in the city court of Vienna. 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 Vienna, except the sheriff shall be paid five dollars for summoning said jurors. All exemptions from jury duties now of force in the county of Dooly shall apply and be of effect in said city court. Jurors. Sec. 24. Be it further enacted by the authority aforesaid, That all laws with reference to the qualification, relation, impaneling, fining and challenging of 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 said city court, except when inconsistent with this Act. Jurors. Sec. 25. Be it further enacted by the authority aforesaid, That eighteen jurors shall be drawn and summoned, as above provided, shall be impaneled in all causes, civil or criminal, and trial by a jury of twelve men shall be had in said court when so demanded. The jury shall be selected as follows: In civil cases each side shall have three strikes, and in criminal cases the defendant shall have four strikes and the State two. And the said judge of the city court of Vienna shall have power to summon as many jurors instanter as is necessary for the trial of any case in said city court, when a jury shall be out on any case and another jury case is called, and the parties thereto announce ready. Jurors in the city court of Vienna shall receive the same pay and be paid in the same manner and under the same rules and regulations as jurors in the superior courts are paid, or hereafter may be paid. During the session of each quarterly term of said court the judge presiding in said court shall open court and draw from the jury box provided for that purpose eighteen jurors, who shall compose the jury for the next quarterly term thereof; provided, if from any cause the

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jury shall not be drawn as aforesaid the judge of said city court may draw them at some other time. Juries. Sec. 26. Be it further enacted by the authority aforesaid, That sales made under executions or other process from the quarterly term shall be governed by the same rules and regulations as under superior court executions, and sales made under executions or other process from the monthly terms may be made after advertising the property ten days at three public places in said county. All other sales shall be made under rules prevailing and governing in the superior courts. 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 Dooly county and the sheriff of the city court of Vienna. Sales under executions from. Sec. 27. Be it further enacted by the authority aforesaid, That all criminal cases in said city court shall be tried by the judge thereof without a jury, except when the accused, in writing, shall demand a jury. When the accused shall have waived a jury he shall not thereafter have the right to recall such waiver. If, upon the trial of any case, it shall appear to the judge that the evidence makes a case of felony against the accused, he shall thereupon suspend the trial and commit or bail over the defendant to the next superior court as in preliminary examinations. Criminal cases, how tried. Sec. 28. Be it further enacted by the authority aforesaid, That the defendants in criminal cases in said city court shall be tried on a written accusation setting forth plainly the offense charged, founded upon an affidavit of the prosecutor, and signed by the solicitor of said city court, in all criminal cases within the jurisdiction of said city court. All proceedings as to accusations shall conform to the rules governing like cases in the superior courts, except there shall be no jury trials unless demanded by the accused, as hereinbefore provided. In all cases tried the accusation shall set forth the offense charged with the same particularity, both as to matter of form and to substance, as is required by the laws and rules of criminal pleadings to be observed in the bills of indictment in the superior court. Accusation. Sec. 29. Be it further enacted by the authority aforesaid, That the judge of the superior court of Dooly county may by order transmit to said city court for trial and final disposition all presentment 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

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city court when so transferred, and the defendant in such case by bound to appear on said city court at its first monthly terms sitting after such bill is transferred. Transfers from superior court. Sec. 30. Be it further enacted by the authority aforesaid, That it shall be the duty of all committing courts in Dooly county to bind over to said city court all persons committed or admitted to bail by them for misdemeanors, and all persons charged with such offenses in Dooly county may be brought directly before the judge of said city court for trial without any previous committing trial. When 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 upon receiving such information in any matter to grant as speedy trial as the circumstances of the case will permit. Said city court shall all the time be open for the trial of criminal cases. Cases returnable to. Sec. 31. Be it further enacted by the authority aforesaid, That all writs of error shall be directed from said city court to the Supreme Court of this State upon a bill of exceptions filed under the same rules and regulations as govern and control the issue of writs of error and filing of bills of exceptions in the superior courts of this State. Writs of error. Sec. 32. Be it further enacted by the authority aforesaid, That in all cases in said city court the same powers and rights of parties as to waiver 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. 33. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to grant a new trial in any case, civil or criminal, in his court, upon the same grounds 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. When a criminal case is heard at a special session of said city court, and the defendant desires to move for a new trial, and such motion must be made and passed upon by the judge of the city court within five days after the rendition of the judgment complained of, and not afterwards, unless for good cause, that further time may by order be granted by the discretion of the judge of said court. In all other respects such motion shall be governed by the ordinary rules aforesaid.

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Sec. 34. Be it further enacted by the authority aforesaid, That all suits against joint obligors, joint promisors, copartners or joint trespassers, in which any one or more resides within the county of Dooly, 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 promisors, etc. Sec. 35. Be it further enacted by the authority aforesaid, That all rules of superior court relating to continuance, motion, pleas and practice, shall be applicable to said city court, and shall obtain therein, except where not in conflict with this Act. Practice. Sec. 36. Be it further enacted by the authority aforesaid, That the first term of said court at which all civil cases is brought shall be the appearance or return term; the second shall be the trial or judgment term, and all the laws, rules and practices in said court in reference to the terms thereof, and to the continuous pleadings and trial of cases therein, shall be the same as in the superior court, except as hereinbefore provided; that the suits brought to the monthly term if no plea is filed judgment shall be had thereon at the first term. Appearance and trial terms Sec. 37. Be it further enacted by the authority aforesaid, That all cases, civil and criminal, now pending and undisposed of in the city court of Dooly county shall be, and are, hereby transferred to said 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 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 said city court any and all processes in any case from the county court necessary to the final disposition of the same, which from any cause have not been issued and enforced by the officers of the county court. All records, books and papers disposed of and of file in said county court shall be filed and deposited with the clerk of said city court; that all fi. fas. and final processes not satisfied now in the hands of 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 the city court. Cases in city court of Dooly county transferred. Sec. 38. Be it further enacted by the authority aforesaid, That whenever the judge of said city court is from cause disqualified from presiding, and the judge of the superior court cannot from any cause preside, as provided for in the Constitution, then, upon

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consent of the parties, or upon the failure or refusal to agree, said cause shall be tried by a judge pro hac vice, selected in the same manner as provided by law in the superior courts. Judge, pro hac vice. Sec. 39. Be it further enacted by the authority aforesaid, That in case of the absence of the judge of the said city court at any term thereof the sheriff or clerk of said city court may adjourn to such time as the judge, in writing, may direct, or if no direction be given, the court shall be adjourned until the next regular term. Adjournments. Sec. 40. Be it further enacted by the authority aforesaid, That all fines and forfeitures arising from cases tried on accusation in said city court shall be distributed by the solicitor of the said city court under the same rules and regulations as now obtains and governs the distribution of fines and forfeitures in the county court of Dooly county. All fines and forfeitures arising in said city court after paying the costs accruing in the case wherein such fines and forfeitures arise shall be by the solicitor of said court paid over to the treasurer of Dooly county, who shall hold the same in trust for the officers of said court, to be paid on insolvent orders for costs; all orders for insolvent costs having priority according to the date such orders are filed with him; provided, that all orders for insolvent costs heretofore granted by the judge of Dooly county court, and heretofore filed with the treasurer of Dooly county, shall be paid out of the fines and forfeitures arising in said city court of Vienna, before any orders for insolvent costs in favor of any officer of said city court of Vienna shall be paid. All fines and forfeitures arising from cases in the said court on indictment transferred to said court, as hereinafter provided, shall be paid to the solicitor-general of the superior court of said county, after first paying such costs as may have accrued in said cases in said city court, and shall be by him distributed as fines and forfeitures are distributed in the superior court. Fines and forfeitures, how distributed. Sec. 41. Be it further enacted by the authority aforesaid, That the same laws, rules and regulations governing hire of misdemeanor convicts that have heretofore obtained in the county court of Dooly county shall obtain to the misdemeanor convicts in the city court of Vienna. Money arising from the hire aforesaid, after the payment of fees and costs of the officers of court, shall be paid into the treasury of the county of Dooly. Convicts, hire of. Sec. 42. Be it further enacted by the authority aforesaid, That there shall be a stenographer of said city court of Vienna, appointed by the judge thereof, and all civil cases in said court shall be reported at the request of either the plaintiff or the defendant, and the fees for reporting such cases to be the same as allowed for

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similar services in the superior courts, to be paid by the plaintiff and the defendant equally, and in final disposition of the 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 court. Said stenographer 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 demand it or not. Said stenographer shall be paid for his services 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 by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 16, 1901. CITY COURT OF WAYNESBORO ESTABLISHED. No. 217. An Act to establish the city court of Waynesboro, in and for the county of Burke; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define their powers and duties, and for other purposes. Section 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 Waynesboro is hereby established and created with civil and criminal jurisdiction over the whole county of Burke. City court of Waynesboro. Sec. 2. Be it further enacted, That said city court of Waynesboro shall have jurisdiction to try and dispose of all civil cases of whatsoever nature, but in all suits brought in said court in sums of one hundred dollars, or less, the plaintiff shall only receive justice court costs, except in those cases over which exclusive jurisdiction is vested in the superior courts by the Constitution and laws of the State of Georgia; always provided, that said city court of Waynesboro shall not have power to correct errors from inferior jurisdiction,

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and said city court shall not have the power to issue writs or mandamus or prohibition or quo warranto or to forclose mortgages on real estate. Jurisdiction in civil cases. Sec. 3. Be it further enacted, That said city court of Waynesboro shall have jurisdiction to try and dispose of all criminal cases committed in the county of Burke, when the offender is not subjected to loss of life or confinement in the penitentiary. In criminal cases. Sec. 4. Be it further enacted, That there shall be a judge of said city court of Waynesboro, who shall be appointed by the Governor, by and with the advice of the senate, whose term of office shall be two years, and all vacancies in the office of judge shall be filled by appointment of the Governor for the residue of the unexpired term, such appointment being subject to the approval of the senate, which may be then in session, or if the senate be not in session at the time of such appointment, then subject to the approval of the senate at its next session thereafter; the judge of said city court of Waynesboro shall receive a salary of one thousand 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 Burke by the person or persons charged by law with paying out of the moneys of Burke county; ( provided, the term of the judge first appointed under this Act shall expire on). Judge. Salary. Sec. 5. Be it further enacted, That any person who shall be appointed judge of said city court must at the time of said appointment be at least twenty-seven years of age; he must also have been a resident of Burke county at least four years immediately preceding his appointment, and he must also have been a practicing attorney at law at least five years before his appointment, and he shall, before entering upon the discharge of the duties of his office, take and subscribe the following oath: I solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as judge of the city court of Waynesboro, of this State, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State, and the Constitution of the United States, so help me God. And said oath shall immediately thereafter be forwarded to the Governor and filed in the executive department; said judge may practice law in any of the courts of this State, or the United States, except the city court of Waynesboro, and the Supreme Court in writs of error from said city court. Qualification. Oath.

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Sec. 6. Be it further enacted, That the judge of said city court shall have power to issue writs of habeas corpus, and to hear and dispose of the same, in the same way and with the same power as the judges of the superior court; he shall have authority to issue criminal warrants, warrants to dispossess tenants over and intruders and dispose of same, to issue and dispose of distress warrants and generally do all the 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 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 as the other officers in the superior court may in like cases do, and said judge shall have the power to attest deeds and other papers, and to administer affidavits in all cases anywhere in this State in which, by existing laws, such papers may be attested and affidavits administered by a justice of the peace of this State, and the judge of the city court shall have all the power and authority throughout his jurisdiction as judges of the superior court, except when by law exclusive power and authority is vested in 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. 7. Be it further enacted, That the judge of said city court shall have power to grant new trials 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 procedings, in new trials in the superior courts, shall apply to and govern the same in said city court, unless otherwise provided in this Act. Whenever a case is heard at either a regular or special session of said city court and defendant desires to move for a new trial, such motion must be made within two days after the adjournment of the session and passed upon by the judge of said city court within ten days after filing the motion, and not afterwards, unless for good cause further time may, by order, be granted in the discretion of the judge of said city court; provided, however, where such session shall be adjourned over for more than two days, then said motion shall be filed within two days from date of adjournment. In all other respects

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such motion must be governed by the ordinary rules aforesaid. Upon the grant of a new trial in civil or criminal cases, either party in the civil case, or the defendant in the criminal case, shall have the right to demand a jury trial, without regard to whether or not the preceding trial was with or without a jury, and regardless of any previous waiver of trial by a jury. New trials. Sec. 8. Be it further enacted, That a writ of error direct from the city court of Waynesboro to the Supreme Court of this State shall be upon bills of exception filed under the same rules and regulations as govern and control the filing of bills of exceptions and the issuing of writs of error in the superior courts of this State. Writ of error. Sec. 9. 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. Adjournments. Sec. 10. Be it further enacted, That the sessions of the city court of Waynesboro shall be held in the court-house of Burke county, in said city of Waynesboro, or at some other place in said city if at any time it should become necessary in the opinion of the judge of said city court to hold court elsewhere, provided notice of the change of place shall have first been published once a week for four weeks immediately preceding the call of the court, or in cases of emergency, said notice may be given at public outcry by the sheriff, or other officer in attendance, in front of the court-house square, after the hour for the opening of the court arrives. Court-house. 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 the 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 solicitor, before entering upon the duties of his office, shall

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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 Waynesboro, so help me God. Said bond shall be payable to the Governor, shall be approved by the judge of said city court, and shall, together with said oath, be entered on the minutes of said court by the clerk, and may be sued on by any person interested. If for any reason said solicitor shall fail or be disqualified to act in any case, the court shall have power to appoint a solicitor pro tem. Solicitor. 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 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 by the city court, five dollars; for every case of 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 that are allowed solicitors-general for like services in cases in the superior courts; for representing the State in every case carried to the Supreme Court, fifteen dollars. Duties. Fees. 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 clerk of the Supreme Court as to the performance of the service, and the certificate of the clerk of the city court of the insolvency or acquittal of the defendant. Fees 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 judge of the superior courts have, and said bailiffs shall be entitled to one dollar per day. Bailiffs. Sec. 15. Be it further enacted, That the clerk of the superior court of Burke county shall be ex officio clerk of said city court. The fees of the clerk of said court shall be the same as are now,

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or may be hereafter, allowed the clerk of the superior court, except in criminal cases, he shall only receive three dollars in cases triedone dollar where pleas of guilt are entered or cases settled, and except in civil cases where the amount involved is five hundred dollars, or less, he shall receive the following fees: Filing declaration and docketing case, 50 cents; issuing writ and making copy, 50 cents; for each additional copy, 50 cents; each subpoena duces tecum, 25 cents; each commission to take testimony, 50 cents; recording judgment and proceedings, $1.50; each claim case $2.00; for entire service issuing and docketing fi. fa, 25 cents; he shall also receive the following fees: For filing bill of exceptions to the Supreme Court, and for copying and sending up record, seven cents per hundred words; for foreclosing a lien and recording, whole service, $1.00; for docketing, recording, and filing proceedings in possessory warrant case, whole service, $2.00; for taking and filing bond in possessory warrant cases, 25 cents; for docketing and filing search warrants and proceedings thereon, 50 cents; docketing distress or other warrants not provided for, 25 cents; for other services required of him by the order of the judge or rule of court, such compensation as the judge of said court may allow him by standing order on the minutes; for his services at regular terms of said court he shall receive $2.00 per day, and for all suits brought to the quarterly terms of said court over and above five hundred dollars principal, he shall be entitled to the same fees as clerks of superior courts in superior courts; provided further, that the clerk of the superior court shall give a bond in the sum of five hundred dollars for the faithful performance of his duties as clerk of the city court of Waynesboro. Clerk. Fees. Sec. 16. Be it further enacted, That the sheriff of Burke county and his deputies shall be, by virtue of their offices, sheriff and deputy sheriffs of the city court of Waynesboro. For services rendered in discharge of their duties as officers of said court, they shall be allowed the same fees as are now allowed, or that may be hereafter allowed by law, for the discharge of similar duties performed by them as officers of the superior court, except that said sheriff shall only receive two dollars per day for his services at the regular terms of said court, and except as otherwise provided in this Act. Before entering on the discharge of the duties of his office said sheriff shall execute a bond with good security in the sum of two thousand dollars for the faithful discharge of the duties of his office. Sheriff. Sec. 17. Be it further enacted, That the duties and liabilities attached to the office of the clerk of the superior court and to the

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office of sheriff shall be attached to the office of clerk of the city court of Waynesboro, and to the office of sheriff of the city court of Waynesboro, respectively, and the judge of the city court of Waynesboro is empowered to exercise the same authority over the said clerk and sheriff, and his deputy or deputies, as is exercised by the judge of the superior court over the clerk of the superior courts and sheriffs of the counties of Georgia. Duties and liabilities of officers. Sec. 18. Be it further enacted, That the terms of said city court shall be monthly and quarterly; the monthly terms shall be held on the first Wednesdays in each month, and the quarterly terms shall be held on the second Mondays in March, June, September and December. Suits for not over five hundred dollars, principal, and all issues and proceedings, when not over five 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 either party in any cause shall be entitled to a trial by a jury, where such a party is so entitled under the Constitution and laws of this State, and as hereinafter provided in this Act. Ordinary suits brought to said monthly session 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 term in like manner as suits are now brought in the superior court, and the first term of said quarterly session shall be the appearance term; provided, that in all suits brought in said city court, final 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 pleas in the superior court on the call of the appearance docket, in which event the second term shall be the trial term, except the trial may be at the first term when parties consent. Terms. Sec. 19. 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 otherwise provided in this Act, but the process to writs shall be annexed by the clerk of said city court or his deputy, be attested in the name of the judge thereof, and directed to and served by the sheriff of the city court of Waynesboro, or his deputy. Procedure. Sec. 20. Be it further enacted, That in all matters pertaining to service, pleading and practice, the laws governing the same in the superior court when not inconsistent with this Act, and unless otherwise specially provided in this Act, shall be applicable to said city court. Practice.

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Sec. 21. 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 trial by jury in said court upon his entering his demand therefor by himself or his attorney in writing, on or before the call of the docket at the term to which the cause is returnable, in all cases where such party is entitled to a trial by jury under the Constitution and laws of this State; and when a jury is so demanded, either at a special session of said city court for the trial of criminal cases, or at a monthly term of said court, such case shall be transferred to the quarterly term of said court, and shall there stand for trial by jury. Trials. Sec. 22. 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 Waynesboro and his deputies. Judgments, lien of. Sec. 23. 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. 24. Be it further enacted, That claims to real property levied on under execution or other process from said city court, shall be returned to the superior court of the county where such real property is situated, and shall there proceed as other claims in the superior 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. 25. Be it further enacted, That all laws upon the subject of attachments and garnishments, as in the superior courts of this State, shall apply to said city court, so far as the nature of the city court will admit. Attachments in said court returnable to said city court shall be directed to the sheriff of city court of Waynesboro, or his deputies, and to all and singular the sheriffs and constables of this State, and the judge of the city court may, or any justice of the

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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 unto said court twenty days before the sitting thereof. Attachments and garnishments Sec. 26. 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. 27. 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, and be served by any sheriff thereof or his deputy. Scire facias Sec. 28. Be it further enacted, That the general laws of this State, with regard to the commencement of suits in the superior courts, defenses, set-offis, affidavits of illegality, arbitration, examination of parties to suits, or witnesses by interrogatory or under subp[oelig]na, including testimony de bene esse, witnesses and their attendance, continuances and other matters of a judicial nature with in 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 as to who are the original parties or the nature of the proceedings. Parties may make defenses on all grounds, either legal or equitable. Practice. Sec. 29. Be it further enacted, That all suits against obligors, joint promisors, copartners, or joint trespassers, in which any one or more resides in the county of Burke, 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 the suit. Joint promisors, etc. Sec. 30. Be it further enacted, That all laws regulating the enforcing of judgments of the superior court, whether civil or criminal, shall apply to said city court. The judge of said city court shall have the same power to enforce his orders, to preserve order, punish for contempt, and to enforce his judgments as is vested by law in the judges of the superior courts of this State. Judgments, enforcement of. Sec. 31. Be it further enacted, That sales made under execution or other process, from the quarterly terms of said city court, shall be governed by the same rules and regulations as under superior court executions, and sales made under executions or other process

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from the monthly terms may be made after advertising the property ten days before the court-house door, and at two other public places in Burke county. All other sales shall be made under rules prevailing and governing in the superior court. All executions issuing from said city court shall be attested in the name of the judge and signed by the clerk of said court or his lawful deputy, and directed to the sheriff and his deputies of Burke county, Georgia. Sales under execution from. Sec. 32. Be it further enacted, That the judge of the superior court of said county shall, by order, transmit to said city court for trial all presentments and bills of indictment found by the grand jury for offenses within the jurisdiction of said city court; the order so transmitting such cases shall 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 shall be bound to appear at said city court at its first monthly term sitting after such bill is transferred. Transfers from superior court. Sec. 33. Be it further enacted, That it shall be the duty of the justice of the peace and notaries public of Burke county to bind over to said city court all persons charged with offenses committed within the limits of Burke county over which said city court has jurisdiction. Cases returnable to. Sec. 34. Be it further enacted, That traverse jurors in the city court of Waynesboro shall be procured in the following manner: The clerk of the city court of Waynesboro, or his deputy for said city court of Waynesboro, 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 traverse jury list of the superior court, and shall place the names of all said persons in the city court jury-box, from which shall be drawn a traverse jury to serve in and for said city court of Waynesboro. All laws with reference to the drawing and summoning and empancling of traverse jurors in the superior court, shall apply to the city court of Waynesboro, except the judge of said city court shall only draw eighteen (18) jurors out of said box to serve, which shall constitute three panels, and shall be numbered one, two and three, and the sheriff of said city court shall only receive five dollars for summoning said jury, and said judge of the city court of Waynesboro shall have the power to summon as many jurors instanter, as is necessary for the trial of any case in said city court when one or more panels shall be incomplete, or be out on any case, when another jury case is called and parties thereto announce ready. Jurors in the city court of Waynesboro shall receive the same pay and be paid in the same manner and under the

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same rules and regulations as jurors in the superior court are paid, or hereinafter may be paid. Jurors. Sec. 35. Be it further enacted, That all laws in reference to the qualifications, relations, empaneling, challenging and fining of jurors, now of force or hereafter enacted by the General Assembly regulating the same in the superior courts, shall apply to and be observed in said city court, except when inconsistent with the provisions of this Act. In all cases where cases are to be tried by jury, the party shall be entitled to a panel of twelve from which to strike. In civil cases each party shall be entitled to three peremptory challenges, and in criminal cases the defendant shall be entitled to four peremptory strikes and the State two, and all laws governing the selection of jurors in the superior court shall apply to the city court of Waynesboro, except when they are inconsistent with the provisions of this Act. At each quarterly term of said court the judge presiding shall in open court draw from the jury-box provided for that purpose, the names of eighteen jurors who shall constitute the jury for the next quarterly term thereof; provided, that 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 after entering an order on the minutes of said court stating the reason why said jury was not drawn by him as hereinbefore provided. Juries. Sec. 36. Be it further enacted, That the defendants in criminal cases in said city court of Waynesboro, shall be tried on written accusation setting forth plainly the offense charged, founded on affidavit, upon which the warrant issued, said accusation shall be signed by the solicitor of said court, and have endorsed thereon the name of such prosecutor. If the defendant demands a trial by jury, the judge of said court shall proceed with said cause, if at a regular quarterly term of said court, according to the rules and laws of the superior court applicable to the trial of misdemeanors. If the defendant demands a trial by jury, and the said court is not sitting at regular quarterly term, the judge may admit the defendant to bail, to appear at the next regular quarterly term, or on the defendant's failure to give bond, shall commit him to jail until the next regular quarterly term of said court. Unless defendant demands trial by jury, the judge shall proceed to hear and determine such criminal case; provided, always, that a reasonable time may be granted to the State or the defendant to procure witnesses. Accusation. Sec. 37. Be it further enacted, That in all criminal cases within the jurisdiction of the said city court of Waynesboro, the defendant shall not have the right to demand an indictment by the grand jury of the county of Burke. Indictment.

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Sec. 38. Be it further enacted, That all cases, civil and criminal, now pending and undisposed of in the county court of Burke county, shall be, and are, hereby transferred to the said city court of Waynesboro, 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 the name of said city court, any and all processes in any case from the county court, necessary to the final disposition of same, which from any cause have not been issued or enforced by the officers of the county court. All records, books and papers, disposed of, and of file in said county court, shall be filed and deposited with the clerk of said city court; that all fi. fas. and final processes not satisfied, now in the hands of the said bailiff of said county court, shall be levied and enforced by the sheriff of said city court, or his deputy, and return thereof made to said city court. Cases transferred from county court of Burke county. 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 is now provided for in the superior court. Judge pro hac vice 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 to 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 cost; fines and forfeitures arising from cases transferred from the superior court to said city court shall be prorated between the solicitor, sheriff and clerk of said city court, and the solicitor of the superior court, and the justices of the peace, and constables, upon their bill for insolvent cost in such transferred cases. If at any time there should be a surplus after paying insolvent cost, it shall be paid into the treasury of Burke county. No officer shall receive any money on his insolvent cost bill unless it has first been approved by the judge of said city court, and has been placed on the minutes thereof. And said insolvent costs shall be a lien on

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said funds arising from funds and forfeitures in said court, superior to all other items; provided, however, that the judge of said city court shall pay into the county treasury of Burke county all costs collected for the distributive or pro rata of the solicitor of the city court, provision for his compensation having been made elsewhere in this Act. Fines and forfeitures, how distributed. Sec. 41. Be it further enacted, That there shall be a stenographer of the city court of Waynesboro, appointed by the judge thereof, and all civil cases in said court shall be reported at either the request of the plaintiff or defendant, and the fees for reporting such cases shall be the same as allowed for similar service in the superior court, to be paid by the plaintiff or defendant equally, and in final disposition of the case to be taxed against the losing party as other cost, and said city court stenographer shall have the same right to enforce the payment of his fees as is provided by law for the enforcement of the fees of the stenographer of the superior court. Stenographer. Sec. 42. Be it further enacted, That said city court shall be a court of record with a seal, and the minutes, stationery, books, records, dockets, and files that are required to be kept in the superior courts shall be kept in and for said city court, so far as the same may be applicable to said city court, and the commissioners of roads and revenues of Burke county shall provide and furnish all such and pay for the same out of the county treasury of Burke county. Court of record. Sec. 43. Be it further enacted, That the county court of Burke county shall be, and is, abolished immediately upon the approval and passage of this Act establishing the city court of Waynesboro, and not until then. County court of Burke 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. Repealing clause. Approved November 21, 1901.

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COUNTY COURT OF BURKE ABOLISHED. No. 222. An Act to repeal an Act entitled an Act to create a county court in each county in the State of Georgia, except certain counties therein mentioned, approved January 19, 1872, and all Acts amendatory thereof, so far as the same applies to the county of Burke; to provide for the disposition of business pending therein, court papers, 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 Georgia of 1895, from section 4170 to 4217, inclusive be, and the same are, hereby repealed, so far as they apply to the county of Burke, and the county court of Burke county is hereby abolished; provided, however, that this Act shall not go into effect until the passage of an Act creating and establishing a city court of Waynesboro, in and for the county of Burke. County court of Burke county abolished. Sec. 2. Be it further enacted, That the civil and criminal business pending and undisposed of in said county court upon the creation of said city court, shall be transferred to the city court of Waynesboro, in which said city court such cases shall stand for trial and final disposition. Business transferred to city court of Waynesboro. Sec. 3. Be it further enacted, That all fi. fas. and other final processes of said county court now unsatisfied shall be executed by the sheriff of said city court of Waynesboro, or his deputy, and all issues on claims raised by reason of enforcement of said fi. fas. or other final processes, shall be returned to the city court of Waynesboro for trial and final disposition. Processes, etc. Sec. 4. Be it further enacted, That all books, records and papers now belonging to or appertaining to said county court shall be deposited with the clerk of the city court of Waynesboro for their protection, preservation and prosecution. Books, etc. Sec. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Repealing clause. Approved November 21, 1901.

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COUNTY COURT OF BUTTS, ACT CREATING AMENDED. No. 333. An Act to amend an Ast entitled an Act to establish a county court for Butts county; to provide for a judge and solicitor of said court; to fix the salary of each, and for other purposes, approved December 4, 1900. 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 approved December 4, 1900, and entitled an Act to establish a county court for Butts county; to provide for a judge and solicitor of said court; to fix salary of each, and for other purposes, be amended by adding to section 5 of said Act the following, to wit: As a part of the general funds of said county, and the said money arising from fines and forfeitures as aforesaid, except as to the fees and costs of the sheriff and bailiff of said county, shall not be subject to the claim or lien of any officer for fees or cost, so that said section when amended shall read as follows: Be it further enacted by the authority aforesaid, That all moneys coming into said county court from cost in criminal cases, and proceedings 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 as a part of the general funds of said county, and the said money arising from fines and forfeitures, as aforesaid, except as to the fees of the sheriff and bailiff of said court, shall not be subject to the claim or lien of any officer for fees or cost. County court of Butts county. Fees of clerk and sheriff in. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 16, 1901.

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COUNTY COURT OF COLQUITT ABOLISHED. No. 188. An Act to repeal an Act to create a county court in each county of 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 Colquitt, and to provide for the disposition of all business therein pending. 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 recited Act and all Acts amendatory thereof as now embodied in the Code of 1895, from section 4170 to 4217, inclusive be, and the same are, hereby repealed, so far as they apply to the county of Colquitt, and the county court of said county of Colquitt is hereby abolished; provided, however, that this Act shall not go into effect until January 1, 1902. County court of Colquitt county abolished. Sec. 2. Be it further enacted by the authority aforesaid, That all the papers, books, suits, mesne, and final processes of whatsoever nature, and all criminal cases and business now pending in the county court of Colquitt county be, and the same is, hereby transferred to the city court of Moultrie, when said city court is established, for trial and final disposition. Cases, papers. etc., transferred to city court of Moultrie. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved November 13, 1901. COUNTY COURT OF DOOLY ABOLISHED. No. 284. An Act to repeal an Act entitled an Act to establish the county court for the county of Dooly; to repeal all local conflicting laws, and for other purposes, approved December 20, 1892, 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 of the General Assembly of the State of Georgia, approved

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December 20, 1892, entitled an Act to establish the county court for the county of Dooly, to repeal all local conflicting laws, and for other purposes, be, and the same is, hereby repealed. County court of Dooly county abolished. Sec. 2. Be it further enacted, That all business now pending in said county court, including petitions, writs, pleas, demurrers, accusations and indictments, and all other papers, shall be transmitted to the city court of Vienna to be disposed of in accordance with the laws of said city court. Business in transferred to city court of Vienna. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 11, 1901. COUNTY COURT OF FRANKLIN ABOLISHED. No. 302. An Act to abolish the county court of Franklin county; to provide for the disposal of the unfinished business thereof and all the books, papers, and records thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the county court of Franklin county be, and the same is, hereby abolished; provided, however, that this Act shall not go into effect until the passage of an Act to establish a city court of Carnesville, in Franklin county. County court of Franklin county abolished. Sec. 2. Be it further enacted by the authority aforesaid, That all cases pending in said county court of Franklin county shall be transferred to the city court of Carnesville to be disposed of as other cases therein. Cases in transferred to city court of Carnesville. Sec. 3. Be it further enacted by the authority aforesaid, That all mesne and final process from the county court of Franklin county, which has not been executed, shall be returnable to the city court of Carnesville, 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 Carnesville. Process returnable Sec. 4. Be it further enacted by the authority aforesaid, That all mesne and final process from the county court of Franklin county, not executed when this Act goes into effect, may be executed by the officers having the authority to execute similar papers from the city court of Carnesville. Sec. 5. Be it further enacted by the authority aforesaid, That

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all dockets, minutes, records, books and papers of the county court of Franklin county shall be turned over to the clerk of the city court of Carnesville. Books, etc., transferred. Sec. 6. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 13, 1901. COUNTY COURT OF MILLER, FEES OF SOLICITOR-GENERAL. No. 321. An Act to regulate and prescribe the fees and costs of the solicitor-general of the county court of Miller county in certain cases, 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 solicitor-general of the county court of Miller county shall receive as costs and fees in all gaming, reduced felonies and misdemeanor cases the sum of ten dollars in each case. Solicitor for county court of Miller, fees of. Sec. 2. Be it further enacted by the authority aforesaid, That in all other cases in which the State is interested, the said solicitor-general shall receive his fees and costs as already prescribed by law. Sec. 3. Be it further enacted by the authority aforesaid, That the costs and fees of the solicitor-general of the county court of Miller county shall be paid exclusively out of the fines and forfeitures of said court. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 14, 1901.

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COUNTY COURT OF WARREN. No. 203. An Act to abolish the county court of Warren county, and providing for the transfer of suits, records, etc., to the superior court of said county. 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 county court of Warren county be, and the same is, hereby abolished. County court of Warren abolished. Sec. 2. Be it further enacted by the authority aforesaid, That all civil suits pending in said court be transferred to the superior court of said county, and that all criminal prosecutions be transferred to the superior court of said county. Business transferred to superior court. Sec. 3. Be it further enacted, That the dockets and records of said court be turned over to the clerk of the superior court of said county to be kept in his office as other records are kept. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved November 15, 1901.

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TITLE II. MISCELLANEOUS. ACTS. Bibb county, road laws for, amended. Butts county, commissions of tax collector for 1874 and 1875. Charlton county, county site changed. Chatham county, supplies for offices of ordinary and clerk superior court. Cobb county, Powder Springs school district incorporated. Coffee county, license fee for retailing liquor therein. Columbia county, board of commissioners abolished. Coweta county, drainage of. DeKalb county, drainage of. Douglas county, drainage of. Elbert county, number of commissioners reduced. Emanuel county, board of commissioners abolished. Emanuel county, board of commissioners created. Fannin county, a private way. Fayette county, board of commissioners for. Fayette county, Inman school district incorporated. Fulton county, act creating public school system amended. Greene county, board of commissioners, act creating amended. Hall county, game, protection of. Hart county, board of commissioners created. Henry county, drainage of. Houston county, Byron school district incorporated. Jackson county, board of commissioners created. McIntosh county, protection of live stock. Mitchel county, dispensaries abolished. Monroe county, dispensaries for. Monroe county, domestic wines, sale of. Murray county, drainage. Murray county, manufacture of liquor prohibited. Pickens county, board of commissioners created. Pike county, Molena school district incorporated. Pulaski county, dispensaries for. Rockdale county, fish, protection of. Spalding county, manufacture of liquor. Taylor county, board of commissioners, clerk of. Terrell county, dispensary, act creating amended. Ware county, public school system established. Ware county, license fee to sell liquor. Wayne county, license fee to sell liquor. Insolvent criminal costs in Northern Circuit.

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BIBB COUNTY, ROAD LAWS FOR, AMENDED. No. 214. An Act to amend the road laws of Bibb county, approved October 3, 1885, so as to provide that the county of Bibb shall pay to the mayor and council of the city of Macon, the sum of eight thousand dollars per annum in lieu of twenty-five hundred dollars per annum as now provided in said Act, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That the first section of an Act entitled an Act to amend the road laws of Bibb county, approved October 3, 1885, be, and the same is, hereby amended by striking from first section of said Act all of the words beginning with and following the words twenty-five hundred dollars per annum, in the sixth line from the end of said section, and inserting in lieu thereof the following: Eight thousand dollars per annum, payable on the first days of January, April, July and October of each year, which sum shall be paid out of the taxes, the said county board of commissioners are authorized, or may be authorized by law, to levy for roads and bridges in said county. But said sum of eight thousand dollars per annum shall not be paid by said board to said mayor and council for any time when the number of said convicts shall be reduced below the number of fifty (50), but said sum of eight thousand dollars shall be reduced in such an event in proportion to the reduction of the convicts below fifty (50), so that said section when so amended shall read as follows: That it shall be the duty of the road commissioners of said county to work said convict force at least half their time upon the streets of said city of Macon under the general direction of the mayor and council of said city, as to which streets, or parts of streets shall be first worked, and in working said streets said road commissioners must, and shall, regard and maintain the width and grade of said streets, which shall have been, or may hereafter be, established by the mayor and council of the city of Macon, be, and the same is, hereby repealed; provided, however, that as compensation for the loss of convicts to the city of Macon involved in this repeal of said Act, it shall be the duty of the board of commissioners of the county of Bibb to pay the mayor and council of the city of Macon the sum of eight thousand dollars per annum, payable on the first days of January, April, July and October of each year, which said sum shall be paid out of the

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taxes, said county board of commissioners are authorized, or may be authorized by law, to levy for roads and bridges in said county. But said sum of eight thousand dollars per annum shall not be paid by said board to said mayor and council for any time when the number of said convicts shall be reduced below the number of fifty (50), but said sum of eight thousand dollars shall be reduced in such event in proportion to the reduction of the convicts below fifty (50). Bibb county, road laws for amended. Sec. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the county commissioners of said county shall have authority to levy a tax upon the taxable property of said county for the building and maintenance of public roads, when recommended by the grand jury of said county, not exceeding one-fifth of one per centum. Tax for public roads. Sec. 3. Be it further enacted by the authority aforesaid, That for the year of 1901 the board of commissioners of the county of Bibb shall not be required to pay to the mayor and council of the city of Macon but five thousand dollars ($5,000.00), which sum shall be paid on or before the first day of January, 1902. Payment by county to city of Macon for. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved November 21, 1901. BUTTS COUNTY, COMMISSIONS OF TAX COLLECTOR FOR 1874 AND 1875. No. 327. An Act to authorize the board of county commissioners of Butts county to investigate the claim of A. J. Moore, former tax collector of said county, against the county for commissions alleged to be due him as such tax collector for the years 1874 and 1875, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That the board of county commissioners of Butts county are hereby authorized and empowered to investigate the claim of A. J. Moore, ex-tax collector of Butts county, against said county for commissions alleged by him to be due as tax collector for the years 1874 and 1875, said commissions being due and unpaid since said years. Butts county, commissions of tax collector for 1874 and 1875.

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Sec. 2. Be it further enacted by the authority aforesaid, That if upon investigation of the claim of said A. J. Moore by the county commissioners of said county it should be ascertained that the county of Butts is indebted to said Moore as tax collector of said county for the years 1874 and 1875, said board is authorized and empowered to order said claim, or such part of it as is approved by them, to be paid to said Moore from the county treasury. Payment of. Repealing clause. Sec. 3. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. Approved Dec. 16, 1901. CHARLTON COUNTY, COUNTY SITE CHANGED. No. 304. An Act to change the county site of Charlton county, in the State of Georgia, from Traders' Hill, in said county, to Folkston, in said county, and for other purposes. Whereas, heretofore, on the 20th day of July, 1901, a petition was filed with the ordinary of Charlton county, in the State of Georgia, signed by two-fifths of the poll tax payers of said county of Charlton, as shown by the last tax digest made out for said county, asking for an election to be held in and for said county for the purpose of changing and removing the county site of said county from the town of Traders' Hill, in said county, to the town of Folkston, in said county; and, whereas, on the 23d day of July, 1901, the ordinary of said county of Charlton, upon due consideration of said petition so filed with him, did pass an order providing that an election should be held in the various militia districts of said county on the 18th day of September, 1901, for the purpose of changing and removing the county site of said county, as asked by petitioners, which said order was duly published in the Charlton County Herald, the newspaper in which the sheriff of said county publishes his legal notices, as provided by section 391 of volume 1 of the Code of 1895 of said State; and, whereas, on the said 18th day of September, 1901, said election was held in said county for the purpose of changing said county site in accordance with said order from said ordinary, and at said election so held two-thirds of the legal votes [Illegible Text] at said election were in favor of the removal of said county site from the town of Traders' Hill to the town of Folkston, in said county; now, therefore: Charlton county, county site changed.

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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 county site of said county of Charlton, in said State, be, and is, hereby removed from the said town of Traders' Hill, in said county, to the said town of Folkston, in said county of Charlton From Traders' Hill to Folkston. Sec. 2. Be it further enacted, That all laws conflicting with this Act be, and are, hereby repealed. Repealing clause. Approved December 12, 1901. CHATHAM COUNTY, SUPPLIES FOR OFFICES OF ORDINARY AND CLERK OF SUPERIOR COURTS. No. 320. An Act to amend an Act, approved February 21, 1873, entitled an Act to create and organize commissioners of Chatham county, who shall be ex officio judges, to define their jurisdiction and duties, and for other purposes, by striking from section 10 of said Act, as printed in Georgia Laws of 1873, page 237, the following words: That the ordinary and clerk of the superior court of said county each be allowed $150.00 for stationery and fuel, and substituting in lieu thereof: That the office of the ordinary of Chatham county and of the clerk of the superior court of said county shall each be furnished, at the expense of the county, necessary office stationery, lights and heat, 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 create and organize commissioners of Chatham county, who shall be ex officio judges, to define their jurisdiction and duties, and for other purposes, approved February 21st, 1873, be, and the same is, hereby amended by striking from section 10 of said Act the following words: That the ordinary and the clerk of the superior court of said county each be allowed $150.00 for stationery and fuel, and substituting in lieu thereof the words: That the office of the ordinary of Chatham county, and of the clerk of the superior court of said county, shall each be furnished, at the expense of the county, necessary office stationery, lights and heat, so that section 10 of said Act as printed

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in Georgia Laws of 1873, page 237, when amended, will read as follows: Chatham county. Sec. 10. That the office of the ordinary of Chatham county, and of the clerk of the superior court of said county, shall each be furnished, at the expense of the county, necessary office stationery, lights and heat, and that no other sum of money be paid out of county funds to said officers except for record books and the costs in insolvent criminal cases allowed now by law to said officers and the sheriff of said county. Supplies for offices of ordinary and clerk, how furnished. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 14, 1901. COBB COUNTY, POWDER SPRINGS SCHOOL DISTRICT INCORPORATED. No. 384. An Act to incorporate the Powder Springs School District, in Cobb county; to define the boundaries of the same; to regulate the management of the school in said Powder Springs School District; to provide revenue for said school; to provide for the election of five trustees, and to confer on them certain powers, 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 management and control of all schools in said Powder Springs School District shall be vested in five trustees, who are hereby constituted a body corporate, under the name and style of the trustees of the Powder Springs School District, and by that name and style shall have perpetual succession, shall have a common seal, and shall have power to purchase, have, hold, receive, enjoy, possess, and retain to them and their successors in office, for school purposes, any estate or estates, real or personal, of whatever kind or name, within the jurisdictional limits of said district, and shall, by said name, be capable of suing and being sued in any court of law or equity in this State. Cobb county, Powder Springs School district incorporated Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said district shall extend from a point located at the northeast corner of lot of land No. 648, in the 19th

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district and 2d section of said county, and from thence extending along the original land lines on the north side of lots of land Nos. 649, 650, 651, 652, 653, 654, 655, 656 and 657, and thence from the northwest corner of lot of land No. 657, south along the original land lines of lots of land Nos. 657, 676, to the southwest corner of lot of land No. 676; thence west along the original land line of said lot to the northwest corner of lot of land No. 732; thence south along the original land lines of lots of land Nos. 732, 749, 806, 823 and 880, to the southwest corner of said lot of land No. 880; thence east along the original land line of said lot of land No. 880 to the northwest corner of lot of land No. 898; thence south along the original land lines of lots Nos. 898, 953, 972, 1027, 1046, and to the southwest corner of lot of land No. 1101; thence east along the original land lines of lots of land Nos. 1101, 1100, 1099, 1098, 1097, 1096 to the southeast corner of said lot of land No. 1096; thence south along the original land line of said lot to the southwest corner of lot of land No. 1126; thence east along the original land lines of lots of land Nos. 1126, 1127, 1128, 1129, 1130, 1131 to southwest corner of said lot of land No. 1131; thence north along the original land lines of lots of land Nos. 1131, 1090, 1057, 1016, 983, 942, 909, 868 to the northeast corner of said lot of land No. 868; thence west along the original land lines of lots of land Nos. 868 and 869 to the northwest corner of said lot of land No. 869; thence north along the original land line of lots of land Nos. 833, 796, 759, 740, 685, and to the northeast corner of lot of land No. 648, the beginning point. Corporate limits. Sec. 3. Be it enacted by the authority aforesaid, That an election shall be held on the first Monday in August, 1902, and on the same day of each succeeding year thereafter, for five 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 Powder Springs 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. 4. Be it enacted, That the said election shall be held under the supervision of any justice of the peace, or notary public exofficio justice of the peace, in the militia district where the said Powder Springs School District is situated, together with any two freeholders within the corporate limits of said district. But should no election be held on the day specified, then any citizen of said district may post a call for an election in three prominent places within the corporate limits of said district for at least thirty days,

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stating day of said called election, on which day an election shall be held as above provided for. How held. Sec. 5. 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 in said district. Qualifications. Sec. 6. Be it enacted by the authority aforesaid, That the five 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' meeting 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. Oath. Sec. 7. Be it further enacted by the authority aforesaid, That the said trustees shall elect a chairman from their body and a secretary and treasurer. Said secretary and treasurer 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. 8. Be it further enacted by the authority aforesaid, That the trustees of the Powder Springs 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 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, authority of. Sec. 9. 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 Powder Springs 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 the requisite constitutional majority of the voters of said district. Tax for schools. Sec. 10. Be it further enacted by the authority aforesaid, That the trustees of said Powder Springs School District shall be empowered and directed to appoint three citizens of said district as

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tax assessors, who shall assess the valuation of all property in said district for taxation; that said assessors shall have free access to State and county tax books and to municipal tax books, and shall at their discretion use 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. 11. Be it further enacted by the authority aforesaid, That should any person or persons fail to pay said tax at the required time, then the secretary and treasurer, at the discretion 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, how collected. Sec. 12. 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 the said Powder Springs School District, from time to time, the proportion of the common school fund arising from any source belonging to said Powder Springs School District, 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. School census. State school fund. Sec. 13. Be it further enacted by the authority aforesaid, That the county school commissioner of Cobb county shall pay over to the secretary and treasurer of the board of trustees of the said Powder Springs School District the pro rata share of school fund of Cobb county for all children of or within school age who are residents of said county, and not residents of said Powder Springs School District, but who are attending the public schools of said district. Pro rata share. Sec. 14. Be it further enacted by the authority aforesaid, That the school of said Powder Springs School District shall not be under the control of any county school board, but shall be controlled

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by the trustees of said district, who shall report direct to the State School Commissioner. Control of school. Sec. 15. Be it further enacted by the authority aforesaid, That four of said school trustees shall constitute a quorum for the transaction of business, and that any member of said board of trustees shall, for malfeasance or nonfeasance, be removed from office by a majority vote of the other members of said board, and the vacancy, and any other vacancies, from whatever cause, shall be filled by the board of trustees, the said trustees electing a member or members who are residents of said Powder Springs School District, and who shall thereafter, as soon as practicable, take the oath of office as hereinbefore prescribed. Trustees removable Sec. 16. Be it further enacted by the authority aforesaid, That the secretary and treasurer shall be required to make a good and sufficient bond for the sum of one thousand dollars, payable to the chairman of the said Powder Springs School District trustees, for the faithful performance of his duties of office. Bond of secretary and treasurer. 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. Repealing clause. Approved Dec. 17, 1901. COFFEE COUNTY, LICENSE FEE FOR RETAILING LIQUOR THEREIN. No. 410. An Act fixing the license fee for retailing or vending spirituous, intoxicating or malt liquors in Coffee county, Georgia, at ten thousand dollars per annum; provided, that nothing in said Act shall be so construed as to levy a tax on dealers in, or producers of, domestic wines manufactured from grapes or berries purchased by them, or grown on land owned, leased or rented by them, as now authorized by law, and to provide a punishment for the violation of the same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the annual license fee to sell or vend spirituous, intoxicating or malt liquors in any quantity in the county of Coffee, said State, shall be ten thousand dollars per annum, which sum shall first be paid into the county treasury in good and lawful currency before any such license shall issue;

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provided, that nothing in this Act shall be so construed as to levy a tax on dealers in or producers of domestic wines manufactured from grapes or berries, purchased by them or grown on land owned, leased or rented by such persons, as now authorized by law. Coffee county, license fee for retailing liquor therein. Sec. 2. Be it enacted by the authority aforesaid, That any person or persons who shall violate the provisions of this Act shall be deemed guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 1039 of the Penal Code of Georgia. Penalty. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 17, 1901. COLUMBIA COUNTY, BOARD OF COMMISSIONERS ABOLISHED. No. 332. An Act to repeal an Act entitled An Act to create a board of commissioners of roads and revenues in the county of Columbia; to define their powers and duties, and for other purposes, approved December 16, 1898. 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 immediately after the passage of this Act, the Act to create a board of commissioners of roads and revenues in the county of Columbia; to define their powers and duties, and for other purposes, approved December 16, 1898, be, and the same is, hereby repealed. Columbia county, board of commissioners abolished. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Repealing clause. Approved Dec. 16, 1901.

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COWETA COUNTY, DRAINAGE OF. No. 389. An Act to provide for the better drainage of lands in Coweta county 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 ditches or drains may be cut, and for other purposes. Section 1. Be it further enacted by the authority aforesaid, That whenever the owner of any land in said Coweta county shall cut or dig any ditch or drain to the line of any adjoining land owner, and it shall be necessary to extend such ditch or drain through the lands of such adjoining land owner to a proper outlet in order to drain his 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 pay to such land owner through whose land 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, upon the application of the party wishing to have such drain or ditch cut or extended. Coweta county, drainage of. Sec. 2. Be it further enacted, That this shall not apply to any stream where it is the dividing line between Coweta county and any other county. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 19, 1901.

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DEKALB COUNTY, DRAINAGE OF. No. 353. An Act to provide for the removal of obstructions of all kinds, other than dams used for operating mills or machinery of any kind, from the creeks and other running streams in DeKalb 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, and to provide compensation therefor; to provide for the drainage of the lands in said county through which said streams flow, and the extension of drains or ditches through the lands of another, and to provide for the payment of all damages which may be sustained by such land owners through whose lands such drains or ditches shall be cut or extended, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act all land owners in DeKalb 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 and lakes, which are excepted from the operation of this Act. DeKalb county, drainage of. Sec. 2. Be it further enacted by the authority aforesaid, That should any land owner in said county fail or refuse to remove the obstructions provided for in the first section of this Act by the first day of September in each year, then, and in that event, it shall be lawful for any adjoining land owner, after first giving said land owners so failing or refusing to comply with this Act ten days notice of his intention to do so, to enter upon the lands of the owner so failing and refusing to do so, and to remove such obstructions, or have the same removed, and that the owner of such lands shall be liable to pay the party removing, or having such obstructions removed, reasonable compensation for such labor, for which he shall have a lien on all of the property of the party so refusing, to rank as and be enforced as other laborers' liens are now enforced under the law. How enforced. Sec. 3. Be it enacted by the authority aforesaid, That whenever a running stream is the dividing line between two land owners, and

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either of said land owners shall fail or refuse to join the other in removing the obstructions specified in the first section of this Act, or shall fail, neglect or refuse to remove said obstructions from his half of said stream, it shall be lawful for the other, after giving the notice required in the second section of this Act, to enter and remove, or have removed, such obstructions, and shall be entitled to reasonable compensation for one-half of such labor, to be collected as provided in the second section of this Act, and shall have the same lien as is herein provided for. Streams between two land owners. Sec. 4. Be it further enacted by the authority aforesaid, That whenever the owner of any land in said county of DeKalb shall cut or dig any ditch or drain to the line of an adjoining land owner, and it shall be necessary to extend such ditch or drain through the lands of such adjoining land owner to a proper outlet in order to drain his lands, and such adjoining land owner refuses to extend such ditch or drain or to allow the same to be extended through his or her lands, then and in that event, it shall be lawful for the parties desiring to extend such ditch or drain through the lands of such adjoining land owner to a proper outlet to do so at his own expense, and if the lands of such land owners be injured or decreased in value by reason of such ditch or drain, the party so injured shall be paid reasonable compensation by the party so ditching or draining through said lands, the amount of such damage to be determined by three freeholders of said county, to be appointed by the ordinary thereof. Damages, how ascertained. Sec. 5. Be it further enacted, That the provisions of this Act shall not apply to any stream where it is the dividing line between any other county and said county of DeKalb. Streams on county line. Sec. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 17, 1901.

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DOUGLAS COUNTY, DRAINAGE OF. No. 297. An Act to provide for the better drainage of land in the county of Douglas by providing for the removal from all creeks and other running streams in said county of Douglas 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 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act all land owners in Douglas 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 mills or machinery of any kind, or for maintaining fish ponds or lakes. Douglas county, drainage of. Sec. 2. Be it further enacted by the authority aforesaid, That should any land owner in said county of Douglas 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 failing or 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, or the same may be recovered in a suit therefor. How enforced.

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Sec. 3. 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. Streams between two land owners. Sec. 4. Be it further enacted by the authority aforesaid, That whenever the owner of any land in said county of Douglas shall cut or dig any ditch or drain to the line of an adjoining land owner, and it shall be necessary to extend such ditch or drain through the lands of such adjoining land owner to a proper outlet in order to drain his 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 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, how ascertained. Sec. 5. Be it further enacted, That this shall not apply to any stream when it is the dividing line between Douglas county and another county. Streams on county line. Sec. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 12, 1901.

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ELBERT COUNTY, NUMBER OF COMMISSIONERS REDUCED. No. 266. An Act to reduce the number of commissioners of roads and revenues of Elbert county from five to three, 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 January the first, 1903, there shall only be three commissioners of roads and revenues of Elbert county, instead of five, as now provided by law, said three commissioners to be elected and commissioned instead of five, and to perform such duties as heretofore devolved upon the five, or as may hereafter be imposed by law upon them. Elbert county, number of commissioners reduced. 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. Repealing clause. Approved Dec. 5, 1901. EMANUEL COUNTY, BOARD OF COMMISSIONERS ABOLISHED. No. 299. An Act to repeal an Act entitled An Act to provide a board of commissioners of roads and revenue of the county of Emanuel; to define their powers and duties, and for other purposes, approved September 29, 1881, and all Acts amendatory thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That an Act entitled An Act to provide a board of commissioners of roads and revenue of the county of Emanuel, to define their powers and duties, and for other purposes, approved September 29, 1881, and all Acts amendatory thereof, be, and the same are, hereby repealed. Emanuel county, board of commissioners abolished. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 12, 1901.

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EMANUEL COUNTY, BOARD OF COMMISSIONERS CREATED. No. 293. An Act to create a board of commissioners of roads and revenues in the county of Emanuel, to prescribe the duties and powers 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 the authority of the same, That from and after the passage of this Act there shall be established in and for the county of Emanuel a board of commissioners of roads and revenues, to consist of the following named persons, to wit: E. D. Rountree, D. H. Smith, John C. Coleman, William Candy and N. L. Gillis, whose term of office shall be two years, beginning January 1, 1902, but at the expiration of which term said board of commissioners shall consist of only three members, to be elected as otherwise provided for in this Act. Emanuel county, board of commissioners for created. Sec. 2. Be it further enacted, That the term of office of said commissioners shall be for two years, which term shall commence on the first day of January, 1902. on which date, or as soon thereafter as practicable, 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. Term of office. Sec. 3. Be it further enacted, That each of the persons herein appointed, or who may hereafter be elected as commissioners, shall, before entering upon the performance of their duties, take and subscribe before the judge of the superior court of said county, or the ordinary of said county, an oath to faithfully perform the duties of a commissioner of roads and revenues under this Act and the laws of this State. Oath of commissioners. Sec. 4. Be it further enacted, That said board of commissioners shall hold their regular meetings on the second Monday in each month, at the court house, or some other convenient place in the city of Swainsboro, said board beginning on the second Monday in January, 1902, provided that the regular time of meeting may be changed to some other day of the month by order on their minutes, of which due notice shall be given by publication in the official newspaper of said county; and provided further, said commissioners may hold special sessions at any time they may see fit and proper, or may be called together by the chairman of said board for county purposes. Meetings.

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Sec. 5. Be it further enacted, That a majority of said commissioners shall constitute a quorum to transact business or exercise any powers herein delegated pertaining to the duties of said commissioners. Quorum. Sec. 6. Be it further enacted, That said commissioners, at their first meeting, shall elect one of their number as chairman, whose duty it shall be to preside at all meetings and to sign as such chairman all orders and processes of said commissioners; and such chairman shall have the right to make or second motions just as any other member of the board. Chairman. Sec. 7. Be it further enacted, That said board of commissioners shall have exclusive jurisdiction when sitting for county purposes over the following subject matters, to wit: 1st. In building and controlling all property of the county as they may deem expedient according to the law. 2nd. 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. 3rd. In establishing, altering, building and abolishing all public roads, bridges and ferries in the county of Emanuel, in conformity to law. 4th. In establishing and changing election precincts and lines of militia districts. 5th. In examining, settling and allowing all claims against the county of Emanuel. 6th. In examining and auditing the accounts of all county officers who receive or pay out moneys of the county or State, and concurrent jurisdiction in examining or reviewing, either by themselves or their appointees, all records of all county officers as required to be kept by law. 7th. In making such rules and regulations for the support and maintenance of the poor of the county of Emanuel, and for the promotion of health, as are permitted by law and to them may seem right and proper. 8th. And to regulate peddling and fix the cost of license therefor, not in conflict with law. Jurisdiction. Sec. 8. Be it further enacted, That said commissioners shall furthermore have power to exercise exclusive and original jurisdiction and control in Emanuel county over all county matters that are now vested by law in the ordinaries of the various counties of the State, so far as relating to public roads, bridges, public buildings, property, misdemeanor convicts, management of the county jail and its fees, the control and maintenance of its paupers, assessing and collecting taxes, disbursing public money for county purposes, and the execution of all laws in reference thereto. Powers of. Sec. 9. Be it further enacted, That the treasurer of said county shall not disburse or pay out any of the funds from the county treasury on any order, unless the same shall have been signed by

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the chairman of said board and the clerk; provided, this shall not apply to jury scrip, and such orders drawn by the judge of the superior court, in which he has exclusive jurisdiction. County funds, how disbursed. Sec. 10. Be it further enacted, That the board of commissioners may elect their own clerk and attorney, with such pay as the board may allow, and it shall be the duty of said clerk to attend all meetings of the commissioners, and keep in a well bound book, to be provided at the expense of the county, full and accurate records and minutes of all their transactions, to file, in order of their date, all original orders and other papers, and to arrange and keep in order of their filing all petitions and applications and other papers addressed to said commissioners, and to record all orders given or approved by said commissioners for the payment of money by the county treasurer, and all books, files and records by this Act required to be used or kept, shall always be open at the county site for the inspection of any taxpayer of the county on demand. Clerk and attorney. Sec. 11. Be it further enacted, That said board of commissioners shall require said clerk, before entering upon the discharge of his duties, to take the same oath taken by them, and enter into bond with good security, payable to said commissioners and their successors in office, conditioned to well and truly do and perform the duties of said office, such bond to be in the sum of one thousand dollars, and to be approved by said board. Clerk, oath and bond of. Sec. 12. Be it further enacted, That it shall be the duty of the sheriff of said county to attend all meetings of said board, and to serve all processes, orders, writs or notices issued by said board, for which services said sheriff shall receive such compensation as may be agreed upon by him and such board; provided, however, that if such board and the sheriff cannot agree as to the compensation he is to receive in said court, then said board shall have the right to appoint a special bailiff to serve them, paying him such compensation as they may deem just and right. Sheriff. Sec. 13. Be it further enacted, That said commissioners shall receive not more than $2.00 per day each while occupied and engaged at regular and special sessions in transacting business for county purposes, to be paid by the treasurer of the county on an order drawn by the order of the board and signed by the chairman and clerk; and said commissioners shall be exempt from road, jury and military duty, and shall be subject to prosecution for malpractice in office in the same manner as justices of the peace. Per diem of commissioners. Sec. 14. Be it further enacted, That all vacancies in said board shall be filled by the remaining commissioners until the next meeting

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of the grand jury, who shall then fill the vacancy for the unexpired term. Vacancies. Sec. 15. Be it further enacted, That said commissioners shall be commissioned in the same manner as the justices of the peace. Commissions. Sec. 16. Be it further enacted, That the grand jury at the fall term, 1903, of the superior court of Emanuel county, and every two years thereafter, shall elect by ballot as commissioners three discreet and upright citizens who are residents of said county. Each commissioner must be voted on separately, and shall receive a majority of the votes of said grand jury before he is elected. The terms of office of said commissioners so elected shall commence the first day of January following such election. Elections. Sec. 17. Be it further enacted by the authority aforesaid, That whenever the chairman of said board may be absent one of the other members of said board shall act as chairman pro tem., and have all the powers and rights of the regular chairman of said board. Chairman pro tem. Sec. 18. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 12, 1901. FANNIN COUNTY, A PRIVATE WAY. No. 346. An Act to erect and maintain public gates by the common users of a private way from the residence of Adam Davenport to near the residence of W. G. B. Rogers, in Fannin 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 the authority of the same, That the common users of a private way leading from the residence of Adam Davenport to near the residence of W. G. D. Rogers, in Fannin county, Georgia, may erect and maintain gates across said private way as aforesaid. Fannin county, private way in. Sec. 2. Be it further enacted by the authority aforesaid, That common users aforesaid shall keep said gates in good repair, and on failure to do so the same shall be removed. Gates. Sec. 3. Be it further enacted by the authority aforesaid, That

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after said gates are erected as aforesaid, should any person or persons open and leave the same open, or in a condition for stock to enter, said person or persons shall be guilty of a misdemeanor. Gates. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 16, 1901. FAYETTE COUNTY, BOARD OF COMMISSIONERS FOR. No. 296. An Act to reduce the number of board of county commissioners of Fayette county; to make the ordinary of said county ex-officio a member and chairman of said board; to fix their compensation, 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 board of county commissioners of Fayette county be reduced from five to three, one of whom shall be the ordinary of said county, who shall be ex-officio a member and chairman of said board. The members of said board, except the ordinary, shall be elected at the same time and in the same manner as county officers are elected, and shall hold for a term of two years; provided, this Act shall not interfere with the present board of commissioners. Fayette county, board of commissioners for, how constituted. Sec. 2. Be it enacted further, That the compensation of said board shall be two dollars for each day's service; provided, the entire amount of salary for any one year shall not exceed $50.00 for each member of said board. Compensation of. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 12, 1901.

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FAYETTE COUNTY, INMAN SCHOOL DISTRICT INCORPORATED. No. 396. An Act to incorporate the Inman School District, in Fayette county; to define the boundaries of the same; to regulate the management of the school in said Inman School District; to provide revenue for said school; to provide for the election of five trustees, and to confer on them certain powers, 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 management and control of all schools in said Inman School District shall be vested in five trustees, who are hereby constituted a body corporate, under the name and style of the Trustees of the Inman 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 themselves and their successors in office, for school purposes, any estate or estates, real or personal, of whatever kind or name, within the juris dictional 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. Fayette county. Inman School District incorporated. Sec. 2. Be it further enacted, That the corporate limits of said district shall include land lots numbers 236, 235, 234, 233, 232, 249, 248, 247, 246, 245, 8, 9, 10, 11, 12, 21, 22, 23, 24, 25, 41, 42, 43, 44, and last half of lots 231, 26 and 40, and that portion of lots 20, 244 and 45 lying west of Flynt river; provided, that the provisions in this Act shall in nowise interfere with the board of education of Fayette county fixing the limits of school districts of said county. Corporate limits. Sec. 3. Be it further enacted, That J. L. McLucas, John T. Burch, W. N. T. Harp, John McLucas and Dr. J. A. S. Chambers 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 July. Each trustee so elected shall hold his office for a term of one year. The board of trustees shall fill all vacancies. Board of trustees. Sec. 4. Be it further enacted, That said board of trustees shall organize by electing a president, secretary and treasurer from their own number, and no member shall receive compensation for his services. The treasurer shall give good and sufficient bond. Officers of.

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Sec. 5. Be it further enacted, That said board of trustees shall have power to design and adopt a system of 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, to fix and collect a rate of tuition, and to do any and all things promotive of the best educational interest of said districts, nor in conflict with the provisions of this Act or the laws of this State. Powers of. Sec. 6. Be it further enacted, That as soon as practicable after their election and qualifying, the board of trustees 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 Inman 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. School census. Pro rata share of State school fund. Sec. 7. Be it further enacted, That the school of said Inman district shall not be under the control of any county school board, but shall be controlled by the trustees of said district, who shall report direct to the State School Commissioner. Control. Sec. 8. Be it further enacted, 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. Sales of school property. Sec. 9. 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. Repealing clause. Approved Dec. 18, 1901.

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FULTON COUNTY, ACT CREATING PUBLIC SCHOOL SYSTEM AMENDED. No. 308. An Act to amend an Act entitled An Act to establish and maintain a local public school system in the county of Fulton, outside of the city of Atlanta, and of the town of East Point; to provide for the levy and collection of a special tax in support of same, and for other purposes, which was approved November 17, 1896, so as to except the town of Hapeville from the operation thereof; also to provide for the board of education of such system; also to provide for the election to be held hereunder, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act there shall be established in the county of Fulton, outside the corporate limits of Atlanta, East Point and Hapeville (two successive grand juries having so recommended, and public notice having been given as required by law), a local system of public schools, to be conducted, maintained, supported and provided for in the manner hereinafter set forth. Fulton county, public school system. Sec. 2. Be it likewise enacted, That the board of education of Fulton county shall consist of five members, the members of said board of education to be elected by the grand jury of Fulton county at the spring term of the superior court of said county, and shall hold their office for four years, and until their successors are elected and qualified. That the members of the present county board of education of Fulton county shall hold their offices as members of the board of education created under this Act until the terms for which they are elected shall have expired. That the grand jury of Fulton county at the spring term of the superior court of the years when the terms of members of the board of education expire shall elect their successors from citizens living outside the city of Atlanta for a term of four years; that if there shall be a vacancy by death, resignation or otherwise, then said vacancy shall be filled for the unexpired term by the grand jury at the first term of the court after such vacancy occurs; that three members of the board of education shall constitute a quorum for the transaction of all business, and each member of said board of education in attendance upon its meeting shall receive a per [Illegible Text]

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

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

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East Point and Hapeville, and shall be in the hands of the treasurer and be paid on the order of the board of education for the purpose of carrying out the object of this Act. County school fund, how disbursed. Sec. 8. Be it likewise enacted, That all said schools established under the provisions of this Act shall be opened for not less than six months and not more than nine months in each year, and shall be absolutely free to all children between the ages of six and eighteen years of age, whose parents, guardians or natural protectors reside within said county of Fulton, and outside the corporate limits of Atlanta, East Point and Hapeville; provided, that the board of education shall have the authority to indicate the school that any child or children shall attend, and to fix a maximum and minimum number of pupils that may or shall attend any school, and to close said school at any time that said school shall fall below the minimum of attendance required. School sessions. Sec. 9. Be it likewise enacted, That any member of said board of education shall for inefficiency, corruption or malfeasance in office be removed from said board by the grand jury of Fulton county. Members of board removable. Sec. 10. Be it likewise enacted, That all contracts with the said board of education shall, on the part of the board of education, be signed by the superintendent and approved by the president, except the contracts with the teachers, which shall be signed by the superintendent alone, acting under the authority of the board. Contracts. Sec. 11. Be it likewise enacted, That this Act shall be submitted to an election for approval by the qualified voters of Fulton county residing outside the corporate limits of Atlanta, East Point and Hapeville, on Thursday, February the 27th, 1902, and the registration books shall be closed ten days before the election. The ordinary of Fulton county is hereby authorized, empowered and required to cause the election provided for in this section to be held throughout the county on the day named, and to cause same to be held under the managers required by law, and the expense for holding the election to be taken from any funds in the county treasury. The ordinary of Fulton county is hereby directed and required to give thirty days' public notice of such election in the newspaper in which the sheriff's advertisements are published. Those voters favoring public schools and this Act shall have written or printed on their ballots, For public schools, and those opposing shall have written or printed on their ballots, Against public schools. That said election shall be held in the same form and manner as elections for members of the General Assembly of the State are held, except that the consolidated returns shall be made to the ordinary of Fulton

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county, who shall determine the results of said election. Said returns of said election shall be made by 12 o'clock m. on Friday following said election. If public schools, or this Act, should be favored by a two-thirds vote of the persons qualified to vote at said election the ordinary shall so declare in writing, and his declaration shall be published twice in the newspaper in said county in which the sheriff's advertisements are published, and after said publication this Act shall take effect and be of force. Election. Sec. 12. Be it likewise enacted, That nothing in this Act shall alter or abridge the authority of the school boards of East Point or Hapeville, or in any way repeal or alter the Act creating the systems of East Point and Hapeville; and the board of education created by this Act is required to pay over to said boards of East Point and Hapeville the pro rata share of the State public school fund derived from the State or its authorities that said towns of East Point and Hapeville may be entitled to, as shown by the ratio of children of school age within the corporate limits of East Point and Hapeville to the children of school age in the county. East Point and Hapeville. Sec. 13. Be it likewise enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 12, 1901. GREENE COUNTY, BOARD OF COMMISSIONERS, ACT CREATING AMENDED. No. 248. To be entitled an Act to amend an Act creating the board of commissioners for the county of Greene, approved February 19, 1876, by providing five commissioners for said county instead of three commissioners, as now provided by law, and providing how they shall be elected, how long they shall hold their office, 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 Act approved February 19, 1876, creating a board of commissioners for the county of Greene, is hereby amended by striking out the word three in the third line of section 1 of said original Act, and also by striking out the word three wherever the same occurs in said Act, except

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as to compensation in section 9, and inserting in lieu thereof the word five, so as to provide five commissioners for the county of Greene instead of three, as now provided by law; and by striking out the word two in section 6, fourth line, and inserting in lieu thereof the word three; and by striking out the word two wherever the same occurs in said original Act and inserting in lieu thereof the word three. Greene county, board of commissioners. Sec. 2. Be it further enacted by the authority aforesaid, That the two additional commissioners provided for by this Act shall be appointed by the present board of commissioners of said county, and said two commissioners so appointed shall hold their office until the March term, 1902, of Greene superior court, when the grand jury shall at said term elect the two commissioners provided by this Act; and after the election by the grand jury the said two commissioners so elected shall hold their office for four years, or until their successors shall have been elected and qualified. How elected. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved November 27, 1901. HALL COUNTY, GAME, PROTECTION OF. No. 336. An Act to protect game within the county of Hall for a period of five 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 authority of the same, That from and after the passage of this Act, for a period of five years, it shall be unlawful for any person to shoot, trap, kill, ensnare, net or destroy in any manner wild turkey, pheasant, snipe, partridge, or any insectivorous or singing bird, except English sparrows, crows, larks, rice birds and wheat birds, within the limits of the county of Hall, in said State; provided, that this Act shall not apply to owners or persons in possession and control of any lands in said county, or to any person who has the written consent of the owner or person in possession and control of lands in said county. Hall county, game, protection of. Sec. 2. Be it further enacted by the authority aforesaid, That any person violating the provisions of this Act shall be punished as for a misdemeanor, as provided under section 1039 of the Code. Penalty.

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Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 16, 1901. HART COUNTY, BOARD OF COMMISSIONERS CREATED. No. 259. An Act to create a board of county commissioners of roads and revenues in the county of Hart; to define their powers and duties, 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 at the regular adjourned September term, 1901, of said court, to be held for and during the fourth week in November, beginning on Monday the 25th day of November, 1901, of the superior court of said county of Hart, there shall be elected by the grand jury three citizens of said county, who shall, after taking oath hereinafter prescribed, constitute a board of commissioners of roads and revenues for said county. Hart county, board of commissioners for. Sec. 2. Be it further enacted, That at the first election by the grand jury as aforesaid, the commissioners elected shall hold their term of office until the regular March term of 1902, of said court, at which time said grand jury shall elect one of said commissioners for the term of three years, one of said commissioners for the term of two years, and one for the term of one year, and at each successive term of said court there shall be elected one commissioner for the term of three years, or until his successor in office is elected and qualified. All vacancies by death, removal, disability or resignation shall be filled by the first grand jury which convenes after such vacancies. Terms of. Sec. 3. Be it further enacted, That no person shall be competent to serve on said board until he shall have taken the following oath of office, which shall be administered by the judge of the superior court, or the ordinary, which oath shall be recorded in the book of records of the proceedings of said board herinafter provided for, to wit: You and each of you do solemnly swear that you will faithfully discharge the duties of the commissioners of roads and revenues, and in all matters which require your official action you

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will so act as in your judgment will be most conducive to the welfare and prosperity of the entire county. Oath of. Sec. 4. Be it further enacted, That upon the election of said board by the grand jury of the county, it shall be the duty of the clerk of the superior court to certify to the Governor, under the seal of his office, the names of the persons so chosen, and the Governor shall, upon the receipt thereof, commission them for the term to which they may have been respectively elected, and upon presentation of their commissions and taking the oath above prescribed, they shall at once enter upon the discharge of their duties. Commissions. Sec. 5. Be it further enacted, That two of said board shall be a quorum, and two must concur to pass any order, or let any contract, or pledge the county credit, or grant or allow any claim against the county. Quorum. Sec. 6. Be it further enacted, That said board, when sitting for court purposes, shall have exclusive jurisdiction over the following subject matters: 1st. In working, letting, hiring or farming out the county convicts of said county within the limitations prescribed by law. 2nd. Levying taxes for county purposes in accordance with law. 3rd. In examining and auditing accounts of all officers or persons having care, management, keeping, controlling or disbursing of money belonging to the county, or appropriated for its use, and bring them to settlement. 4th. In establishing, altering, abolishing or opening roads, bridges and ferries in accordance with law. 5th. In the appointment of road commissioners, and in the general management of the roads, bridges and revenues of the county, and exercise all the powers over county affairs in said county as is now exercised by the ordinary. Jurisdiction. Sec. 7. Be it further enacted, That said commissioners shall hold at least one meeting each month, and shall keep a record of all their proceedings in a well bound book, to be purchased by them for the purpose, and paid for out of the county treasury on their order, and shall submit the same to the inspection of the grand jury at each regular term of the superior court. Said commissioners may hold special sessions in addition to the regular monthly sessions whenever the interests of the county demand it, and they may, if they deem necessary, appoint some suitable person to serve as clerk, who shall take the following oath, to wit: You do solemnly swear that you will well and faithfully perform the duties required of you as clerk of said board of commissioners; and in addition to the above oath, said clerk shall be required to give bond in the sum of five hundred dollars ($500.00) for the faithful performance of his duties. The term of office of said clerk shall be three years, unless

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removed by said commissioners, they having the power to do so. It shall be the duty of said commissioners, in their discretion, to fix the salary of said clerk. Meetings, records. Clerk. Oath, etc. Sec. 8. Be it further enacted, That said board of commissioners shall meet at the court house, or some other convenient place, as they see fit, at the county site, on the first Monday in each month, and on such days as they may determine. The members of said board shall be paid the sum of two dollars ($2.00) per day for the time they are actually engaged in their official duties, to be paid by the county treasurer on the order of said board. Place of meeting. Per diem. Sec. 9. Be it further enacted, That said board shall have the same powers and authority to punish for contempt of their court as the courts of the ordinary have in this State. Powers. Sec. 10. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 2, 1901. HENRY COUNTY, DRAINAGE OF. No. 291. An Act to provide for the better drainage of lands in the county of Henry by providing for the removal from all creeks and other running streams in said county of Henry 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 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act all land owners in Henry 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

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the purpose of running mills or machinery of any kind, or for maintaining fish ponds or lakes. Henry county, drainage of. Sec. 2. Be it further enacted by the authority aforesaid, That should any land owner in said county of Henry fail or refuse to remove the obstructions, as provided for in the first section of this Act, by the first day of September of 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 failing, 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, or the same may be recovered in a suit therefor. How enforced. Sec. 3. 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. Streams between two land owners. Sec. 4. Be it further enacted by the authority aforesaid, That whenever the owner of any land in said county of Henry shall cut or dig any ditch or drain to the line of an adjoining land owner, and it shall be necessary to extend such ditch or drain through the lands of such adjoining land owner to a proper outlet in order to drain his 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 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

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may cause to his or her land, and the amount to be determined by three freeholders, to be appointed by the ordinary of said county. Damages, how assessed. Sec. 5. Be it further enacted, That this shall not apply to any stream where it is the dividing line between Henry county and another county. Streams on county line. Sec. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 12, 1901. HOUSTON COUNTY, BYRON SCHOOL DISTRICT INCORPORATED. No. 417. An Act to incorporate the Byron School District, in Houston 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 erection of seven (7) trustees, and to confer on them certain powers, 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 management and control of all schools in the Byron district be vested in seven men, who shall constitute a board of trustees of the Byron 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, or whatever kind or name, within the jurisdictional limits of said district (as described hereafter in this Act), and shall, by said name, be capable of suing and being sued in any court of law or equity in this State. Houston county. Byron School District incorporated. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate school district shall include and extend the outward bounds of lots numbers 1, 2, 3, 4, 5, 6, 7, 8, 49, 80, 81, 112, 113, 144, 145, 176, 175, 146, 143, 114, 111, 82 and 79, in the sixth district, and lots numbers 26, 25, 24, 23, 22, 21, 20, 19, 34, 33, 32, 31, 30, 29, 28, 27, 52, 51, 50, 49, 48, 47, 46, 45, and west half of lots numbers 58, 59 and 60, in the upper fifth district of said county of Houston, making the district of forty-eight and one-half (48 1-2) lots, with the center in the town of Byron, Ga. Corporate limits. Sec. 3. Be it further enacted by the authority aforesaid, That

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H. J. Peary, C. C. Richardson, W. L. Newman, C. H. Jackson, O. C. Bateman, T. D. Warren and G. D. Tucker 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 every other year. The term of three of the trustees to be elected shall be for two years from the time of the election, and four for four years. Their successors in office shall serve for a term of four years, each member dating from the time of his election. The board of trustees shall fill all vacancies. Board of trustees. Sec. 4. 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 of. Sec. 5. 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 title 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 the State. Powers of. Sec. 6. 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, 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 benefit 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 nonresidents, and such others as may not be entitled to the benefits of these schools, shall

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be admitted upon such terms as may be prescribed by the board of trustees, not in conflict with the laws of this State. Separate schools for white and colored. Sec. 7. Be it further enacted by the authority aforesaid, That after the ratification of this Act it shall be the duty of the county school comissioner of Houston 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 districts may be entitled under the rules of distribution under which the county board of education of Houston county assigns to the county their pro rata share of the school fund. Pro rata share of county school fund. Sec. 8. Be it further enacted by the authority aforesaid, That as early as 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 one-half (1-2) of one per cent. of the taxable property of said district, in the same manner as other taxes of said town of Byron, 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 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 expenses necessary for carrying on said schools. Special tax. Sec. 9. Be it further enacted by the authority aforesaid, That after the ratification of this Act the board of education of Houston county shall not establish any other schools, grant license to or contract with any person to teach a school of any character in said district, nor shall any of the State school funds be paid to any school in said districts other than the schools herein provided for. Authority over. Sec. 10. 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 fund derived from such sale shall be reinvested in other property to be used for school purposes. Sales of school property. Sec. 11. 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

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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 commissioners of the town of Byron, Ga., and the legally qualified voters only of such 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 in 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. Sec. 12. 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 reports with the treasurer's report of a full and itemized statement of all moneys received and expended by said board. Reports of board and treasurer. Sec. 13. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 18, 1901. JACKSON COUNTY, BOARD OF COMMISSIONERS CREATED. No. 118. An Act to create a board of county commissioners for the county of Jackson; to prescribe the mode of their election; to fix their compensation 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 authority of the same, That there shall be a board of commissioners of roads and revenues for the county of Jackson, to consist of three persons, who shall be appointed by the Governor, one of whom shall serve until the first Monday in January, 1903, and until his successor is elected and qualified; and two of whom shall serve until the first Monday in

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January, 1905, and until their successors are elected and qualified. Said commissioners under this Act shall be elected in the same manner as county officers are now elected. The first election to be held under this Act shall be at the regular election for county officers on the first Wednesday in October, 1902, when one member shall be elected to fill the place held by the appointee under this Act, whose term expires on the first Monday in January, 1903. The next election under this Act shall be at the regular election for county officers on the first Wednesday in October, 1904, when two members of said board shall be elected to succeed the two appointees whose term expires on the first Monday in January, 1905. The commissioners elected under this Act shall be elected for the term of four years, and shall serve until their successors are elected and qualified. All succeeding elections shall be at the regular election for county officers on first Wednesday in October. Any vacancy occurring in said board shall be filled by the grand jury at either term of the superior court for said county, and said appointee shall serve until the succeeding regular election for county officers. Jackson county, board of commissioners. Elections. Sec. 2. Be it further enacted by the authority aforesaid, That the board of commissioners so organized shall have exclusive jurisdiction over all matters concerning county taxes, general and special; in establishing and changing militia districts and election precinets; in examining, auditing and allowing all claims against the county; in examining, auditing and settling the accounts of all officers having the care, management, keeping, collection and disbursement of money belonging to the county; in establishing, altering and abolishing roads, bridges and ferries; in the appointment of road commissioners and the enforcement of road laws; exercising exclusive control over the pauper farm; and to exercise exclusively the authority conferred by the general law upon the county commissioners and ordinaries when sitting for county purposes, where no board of commissioners of roads and revenues now exists. Jurisdiction. Sec. 3. Be it further enacted by the authority aforesaid, That the board of commissioners shall have exclusive authority to lease or hire out to such persons, and on such terms as they may deem proper, all persons convicted of misdemeanor in the superior or city court of said county and sentenced to labor on the chain gang or public works, taking from such lessees such bond and security for the safe keeping and comfort of the convicts so leased or hired as they may deem sufficient; or they may in their discretion employ such convicts on the public roads of the county, and shall

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have authority to make suitable provision for guarding and feeding them while so employed. Control of misdemeanor convicts. Sec. 4. Be it further enacted by the authority aforesaid, That said board shall have power and authority to purchase road implements and machinery for putting the roads of the county in good traveling condition. The board shall have said roads worked at the least possible cost, shall operate the old road system in the county so far as they can without conflict with the general road law in operation in the county known as the alternative road law. Said board shall, in the very shortest space possible, put the roads of said county in good condition, and in failing to do so shall be fined by the judge of the superior court in a sum not to exceed fifty ($50.00) dollars. The term of office of the present overseers shall not expire until August 1st, 1902, but no overseer shall work less than ten hands any one day in which he is engaged in work on the public roads. Public roads, how worked. Sec. 5. Be it further enacted by the authority aforesaid, That the board herein provided for shall have exclusive authority to take and approve the official bonds of all county officers of said county, and to provide either by appointment or by ordering elections, as the ordinary was heretofore authorized to do for filling all vacancies in the offices of the county. County officers. Sec. 6. Be it further enacted by the authority aforesaid, That the board of commissioners shall meet at least once a month at the county site for the transaction of county business, but may meet in extraordinary session as often as the affairs of the county may require, provided the number of meetings in any one year shall not exceed fifty. At all such meetings two shall constitute a quorum for the transaction of business. An office shall be kept open at the county site of said county every day in the year, except Sundays and legal holidays, by the clerk, but he shall be paid no extra compensation for this service. The members of the board shall, at their first meeting after their election, select one of their members to act as chairman during the term for which they were elected, who shall preside at all meetings of the board and shall have authority to summon witnesses and compel their attendance, to administer oaths and take testimony in all matters relating to the business of the county. At the same meeting there shall also be chosen a suitable person, who shall not be a member of said board, to serve as clerk, whose duty it shall be to attend all meetings of the board and to keep a full record of its proceedings, to collect all the commutative tax of the county and turn the same over to said board. He shall make a report and turn over to the board of commissioners

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at each meeting all moneys received since the previous meeting. He shall show in his report from whom money was collected, when collected, and amount collected. He shall give a good and suitable bond of not less than ten thousand dollars, which bond shall be given to the board of commissioners of roads and revenues. Said clerk shall hold office for four years from January 1st, 1902, but may be removed at any time by said board for neglect of duty or misconduct. He shall receive such compensation for his services as the board may prescribe; provided, his compensation shall not exceed twenty-five ($25.00) dollars per month. In the absence of the sheriff or constable said clerk shall have power to cummon witnesses and to serve all orders issued by said board. Said board of commissioners can require the sheriff to attend all meetings and preserve order and carry out the instructions of the board. In the absence of the chairman the other members of the board may appoint a temporary chairman to discharge the duties and exercise the functions of chairman. Meetings. Office for. Chairman of. Clerk of. Sheriff. Sec. 7. Be it further enacted by the authority aforesaid, That the treasurer of the county shall make such reports and submit his books and accounts to such inspection as the board may require. Said officer shall not disburse any funds of the county except upon orders signed by the chairman of the board or judge of the superior court, or judge of the city court, but a concurrence of a majority of the members of the board shall be necessary to authorize the making of such orders by the chairman. Treasurer. Sec. 8. Be it further enacted by the authority aforesaid, That the members of the board of commissioners shall receive two dollars ($2.00) per day for actual attendance upon each meeting of the board, and shall be exempt from road, militia and jury duty. They shall submit, through their chairman, to the grand jury of the county, at the spring term of the superior court in each year, a statement in writing of all matters relating to the financial condition of the county, its roads, bridges, public buildings and paupers, with such suggestions in regard to county affairs as they may deem proper. They shall make all repairs of public buildings without recommendation of the grand juries. The record of the proceedings of the board shall be open at all times to the inspection of any citizen of the county. Each outgoing board shall turn over at the expiration of their term of office all records, books, papers and other property of the county to their successors in office. Per diem. Reports Sec. 9. Be it further enacted by the authority aforesaid, That the tax rate for any one year shall not exceed six mills, except in cases of war, famine or pestilential disease, when the rate may be

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increased. The commissioners shall not contract an indebtedness exceeding two thousand dollars for any purpose for any one year. Tax rate. Debt. Sec. 10. Be it further enacted by the authority aforesaid, That before entering upon the discharge of their duty each one of the commissioners shall subscribe to an oath to faithfully perform the duties imposed upon him by the provisions of this Act, which oath shall be taken and subscribed before the ordinary of said county. Oath. Sec. 11. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 18, 1901. MCINTOSH COUNTY, PROTECTION OF LIVE STOCK. No. 419. An Act for the better protection of live stock owners; to provide for the registration of marks, brands and natural marks of each and every herd of cattle, cows, bulls, steers, heifers or yearlings, sheep, goats, lambs or kids and hogs of any description, which any person, whether the original owner or a purchaser, shall slaughter or kill and sell or offer to sell, either in or at any place within the limits of the county of McIntosh, or in the city of Darien, or any village, hamlet or other place within said county; to point out the manner of such registration of said mark, brand and natural mark; to fix the fees to be paid to the ordinary or other person or persons appointed by the county authorities as registrars of marks and brands, or natural marks, of slaughtered live stock embraced in the above list of animals; to make the violation of said requirements a misdemeanor, punishable upon conviction under section 1039, volume 3, Code of Georgia, 1895, and for other purposes, to carry said Act into effect, so far as relates to the county of McIntosh. 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 every person slaughtering any cow, bull, steer, heifer or yearling, sheep, goat, lamb or kid, or any hog of any description, whether such person be the original owner of such animal or a purchaser of the same, and shall sell or offer to sell such slaughtered animal in the city of Darien, or any

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village or hamlet within the said county, or at any other place within said county of McIntosh, shall be, for the killing or slaughtering of any such animal, as hereinafter described, recorded in a book kept for the purpose, the marks and brands, together with a description of the natural marks, of all such animals so slaughtered for sale, or to be offered for sale, which said book shall be by such person, at the end of each month, submitted to the ordinary of McIntosh county, or such other person or persons as the county commissioners of said county shall designate and appoint as registrars of brands and marks and description of slaughtered animals, by such ordinary or such registrars to be transcribed into a book to be kept for that purpose, with the date of the slaughter of the same, and the name of person who killed and sold, or offered the same for sale, and also the color of said person, whether white or colored, said person paying a recording fee to such ordinary or registrar for recording said transcript, as hereinafter set forth in a table of fees. McIntosh county, live stock, protection of. Sec. 2. Be it further enacted by the authority aforesaid, That any person who shall violate the preceding section, or shall kill any of the animals in said section mentioned, who shall, before killing any of said animals and sell or offer for sale the same, not record the marks and brands, and description of natural marks, in his, her or their book or books, or shall fail or refuse to submit their said books at the end of each month to the ordinary or registrars, shall be deemed, upon conviction of such violation, guilty of a misdemeanor, and be punished as prescribed in section 1039, volume 3, Code of Georgia, 1895. Penalty. Sec. 3. Be it further enacted by the authority aforesaid, That every person complying with the foregoing sections shall, at the end of each and every month, submit their respective books, with a true and correct entry of each and every animal by them slaughtered and sold, or offered for sale, at any place within the boundary lines of the county of McIntosh, together with the marks, brands and description of natural marks, to the ordinary of said county, or registrars, and have said ordinary or registrars make a true transcript of the same, and shall pay for such transcript the following fees: Registration. Bill of fees: Fees. For each cow, bull, steer, heifer or yearling, a fee of 15 cents. For each sheep, goat or hog, a fee of 10 cents. For each lamb, kid or veal, a fee of 5 cents. Provided, nevertheless, that whenever the person or persons shall butcher any of said animals to be sold exclusively to butchers doing business in the city of Darien, that no fees shall be paid for the

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transcript of the entry in said person's book, but that the same records by persons slaughtering and selling said animals shall be kept and returned to the ordinary or registrar and recorded, as in cases when such animals are slaughtered and sold at other places in the county, except that in the city of Darien the ears and other brands and marks shall be left with the city butcher and be governed as to the payment of fees by the market ordinance of the city of Darien, and collected, as now prescribed by said ordinance, by the city marshal or his lawful deputy. Sales in Darien. Sec. 4. Be it further enacted by the authority aforesaid, That this Act shall take effect and be of force from and after the 1st day of January, 1902. Sec. 5. Be it further enacted by the authority aforesaid, That this Act hereby repeals all conflicting laws so far as the same relate to the county of McIntosh. Repealing clause. Approved Dec. 18, 1901. MITCHELL COUNTY, DISPENSARIES ABOLISHED. No. 347. An Act to repeal an Act entitled An Act to establish, maintain and regulate dispensaries for the sale of ardent spirits, malt liquors, wines, ciders and other intoxicants in each of the several incorporated towns of the county of Mitchell, on the recommendation of the municipal authorities of said towns; to establish and perpetuate a board of commissioners for the management of said dispensaries, and for other purposes, approved December 21st, 1898, 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, an Act entitled An Act to establish, maintain and regulate dispensaries for the sale of ardent spirits, malt liquors, wines, ciders and other intoxicants, in each of the several incorporated towns of the county of Mitchell, on the recommendation of the municipal authorities of said towns; to establish and perpetuate a board of commissioners for the management of said dispensaries, and for other purposes, approved December 21st, 1898, be, and the same is, hereby repealed; provided, that the provisions of this Act shall not go into effect until February 1st, 1902. Mitchell county, dispensaries abolished.

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Sec. 2. Be it enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 16, 1901. MONROE COUNTY, DISPENSARIES FOR. No. 431. An Act to prohibit the sale of spirituous, vinous and malt liquors and intoxicating bitters and ciders in the county of Monroe, except as in this Act provided; to regulate and control the sale thereof through the medium of dispensaries, one to be located in the city of Forsyth, and one also in each of the several incorporated towns in said county, on recommendation of the municipal authorities of said towns; to establish and perpetuate a board of commissioners for the management of such dispensaries, and to prescribe their powers and duties, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act approved December 5th, 1882, prohibiting the sale of intoxicating liquors and bitters in Monroe county after submitting the question to the qualified voters of said county, and the Act amending the same, approved , 1901, be, and the same are hereby repealed, so far as the same relates to the incorporated cities or towns in said county, viz: Forsyth, Culloden and Bolingbroke, to the extent and so that sales of spirituous, vinous or malt liquors and intoxicating bitters and ciders may be made in and from a dispensary or dispensaries established in said city or cities or towns by this Act, as hereinafter provided. Monroe county. Dispensaries in Forsyth, Culloden and Bolingbroke. Sec. 2. Be it further enacted, That from and after the first day of January, 1902, it shall not be lawful to sell within the county of Monroe any spirituous, vinous or malt liquors and intoxicating bitters and ciders, except as provided for in subsequent sections of this Act, and any person, on or 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, imprisonment not to exceed six months, to work in the chain-gang on the public works, or on such other works as the county authorities may employ the

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chain-gang, not to exceed twelve months; and any one or more of these 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. Other sales of liquor in county prohibit'd Penalty. Sec. 3. Be it further enacted by the authority aforesaid, That the persons now holding the position of commissioners of roads and revenues of Monroe county, and their successors to be elected by the people of said county, shall elect anually from their board of five, three members who shall be known as the dispensary commissioners in and for said county of Monroe, and the same are hereby constituted a body corporate under the name and style of Dispensary Commissioners of Monroe county, for the purpose of establishing a dispensary or dispensaries in said county for the sale of spirituous, vinous or malt liquors and intoxicating bitters and ciders. Said commissioners shall have power to elect from their board a chairman, by the majority vote of their board of dispensary commissioners, and said board shall have power to sue and be sued, plead and be impleaded in all courts of this State. Said dispensary commissioners provided for in this Act, before entering upon the discharge of their duties as such, shall take and subscribe, before some qualified officer, an oath that they will faithfully and honestly discharge all the duties imposed upon them by this Act; and the same are hereby constituted a body corporate under the name and style of Dispensary Commissioners of Monroe county for the purpose of establishing and maintaining a dispensary or dispensaries in said county for the sale of spirituous, vinous or malt liquors and intoxicating bitters and ciders. Said commissioners shall receive one hundred dollars each, annually, for their services as commissioners, to be paid by the commissioners out of any money arising from the dispensary or dispensaries. Dispensary commissioners incorporated. Oath. Salary. Sec. 4. Be it further enacted, That the ordinary of Monroe county shall be the secretary and treasurer of said dispensary commissioners, and for his services as secretary and treasurer he shall receive the sum not to exceed two hundred dollars annually, to be paid by the commissioners out of any money arising from the dispensary or dispensaries, and said treasurer shall give bond in the sum of not less than two thousand dollars, with good security, to be approved by said board, for all moneys that may come into his hands, and for the faithful performance of all duties that may be required of him. If there be more than one dispensary, then the

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salaries paid said commissioners and treasurer shall be prorated with said dispensaries, according to the sales of each. Ordinary ex-officio secretary and treasurer. Sec. 5. Be it further enacted, That the dispensary commissioners provided for in this Act shall maintain at some suitable and convenient point in the city of Forsyth, within the fire limits, a dispensary for the sale of spirituous, vinous and malt liquors and intoxicating bitters and ciders. They shall also establish in each of the two incorporated towns in said county, to wit, Culloden and Bolingbroke, whenever they may be officially advised that the municipal authorities of either of said towns have, by proper ordinance or resolution, determined that it is desirable to have a dispensary put in operation in said town or towns. When said dispensary commissioners shall have been thus officially advised of the action of such municipal authorities, they shall at once take steps to locate a dispensary at some suitable and convenient place in said town. They shall elect a man of good moral character and sober habits and a citizen of Monroe county, to be known as dispensary manager, who shall have charge and control of said dispensary under their supervision. Said manager shall be chosen for a term of one year, but shall be removable at any time by said commissioners for neglect of duty, violation of any law or closing the dispensary at either town as is hereinafter provided, and said commissioners shall fill his place at once. Said dispensary manager shall be required to take and subscribe an oath that he will faithfully and honestly discharge the duties required of him by this Act. Said dispensary manager shall be required to give bond with good security, to be approved by the board of commissioners, in such sum as the board may determine, conditioned to faithfully account for all goods and moneys that may come into his hands as such manager, and for the faithful performance of all duties required of him by this Act, and such rules and regulations as the board of commissioners may fix; and his compensation shall not be dependent upon the amount of his sales, but shall be fixed at a certain sum per month by the said dispensary commissioners; prorided, the towns mentioned in said section did not have less than three hundred inhabitants as given in census of 1900; provided, that said commissioners and manager under this Act shall be authorized to sell under this Act at a profit of not more than 50 per cent. Dispensaries, location of. Manager, oath, bond and duties Compensation. Sec. 6. Be it further enacted, That said manager shall, under the direction and approval of said dispensary commissioners, purchase and at all times keep, under the supervision of said commissioners, a stock of spirituous, vinous or malt liquors and intoxicating bitters

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and ciders in such quantities as said commissioners may direct. All bills incurred for the maintenance and operation of said dispensary from time to time shall be paid by the treasurer upon presentation when approved by a majority of said commissioners. Said manager shall sell only for cash, and shall turn over all moneys received by him to the treasurer of the board at least once a week, taking said treasurer's receipt for the same. Stock. Sales. Sec. 7. Be it further enacted, That the said dispensary commissioners shall, from time to time, make rules and regulations for the operation of said dispensary or dispensaries, not in conflict with the provisions of this Act. The quantity of such spirituous, vinous or malt liquors, intoxicating bitters and ciders to be sold to any one purchaser at one time shall not exceed one gallon, and in no event shall the same be furnished in quantities less than onehalf pint; and none shall be drunk in the building or on the premises where said dispensary is located. Said dispensary shall not be opened before sunrise, and be closed each day before sunset, and remain closed on Sundays, election days, and such other days as the commissioners may direct. Said manager shall be bound by all the laws of this State regulating the sale of liquor, and all the regulations of said board of commissioners shall not be in conflict with the laws of this State. Regulations. Sec. 8. Be it further enacted, That the manager of said dispensary shall sell to no person or persons any spirituous, vinous or malt liquors and intoxicating bitters and ciders, except in sealed packages, and he shall not keep any broken packages in said dispensary, and whenever an original package is broken it shall be at once bottled and sealed. Said manager shall make a monthly report to said commissioners, showing the amount of sales for the preceding month, and stock on hand on the last day of said month. Said commissioners may cause an inspection and analysis of the stock on hand from time to time by a competent chemist, the expense of which shall be paid out of the funds in the hands of the treasurer. Sales. Reports. Inspection Sec. 9. Be it further enacted, That the said manager shall not allow any person or persons to loiter in or about said dispensary, or on the premises on which it is located, and for failure to enforce this section, said manager may be removed from office, and any person or persons refusing to leave said dispensary or the premises on which it is located when so required, or drink on the premises where the dispensary is located any liquors herein mentioned, and convicted thereof in the mayor's court, may be fined or imprisoned as for the offense of disorderly conduct. Loitering prohibited. Sec. 10. Be it further enacted, That said dispensary or dispensaries

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shall be maintained and operated from the profits arising from the sales of said spirituous, vinous or malt liquors and intoxicating bitters and ciders; provided, that to inaugurate said dispensary or dispensaries, and purchase the first stock, said dispensary commissioners are hereby authorized to borrow money or pledge the credit of the board, said obligations to be paid out of the first profits realized from said dispensary. In no event shall the proceeds of one dispensary (in case there may be several established in said county, as provided by section five of this Act) be used in operating another, but each must be self-supporting, or said dispensary commissioners shall discontinue such unproductive and unprofitable dispensary. How opened and maintained. Sec. 11. Be it further enacted, That said board of commissioners shall disburse the net profits of said dispensary as follows: One-half to the county treasurer of Monroe county, to be held as other funds belonging to said county, and the other one-half to be paid over to the treasurer of the city or town in which is located the dispensary from which said net proceeds may be derived. Profits, how disbursed. Sec. 12. Be it further enacted, That this Act shall not go into effect until the same is ratified by the qualified voters of the county of Monroe at a special election ordered by the ordinary of Monroe county after twenty days' notice in the public gazette of said county; and provided further, that the ballots shall have printed or written on them the words, For dispensary, or Against dispensary, and if a majority of the legal ballots in said election shall be cast For dispensary, then the provisions of this Act shall become operative on and after the declaration of the result of said election by the ordinary. The returns of said election shall be made to the ordinary of said county the next Tuesday succeeding said election, who shall consolidate the vote and declare the result by publishing the same one time in the public gazette of the county; provided, that no one shall be allowed to vote in said election unless he was a qualified voter of the said county of Monroe in the year 1900, as required by law; provided, that the ordinary shall order an election under the provisions of this Act, whenever a petition shall be presented to said ordinary, signed by one-third of the registered voters, according to the registration [Illegible Text] for the last general election. Election. Sec. 13. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 19, 1901.

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MONROE COUNTY, DOMESTIC WINES, SALE OF. No. 190. An Act to amend an Act entitled an Act to prohibit the sale of alcoholic, spirituous or malt liquors or intoxicating bitters in the county of Monroe after submitting the same to the qualified voters of said county; to provide a penalty, and for other purposes, by striking therefrom the sixth section of said Act, and inserting in lieu thereof the following: The above Act shall not prevent the manufacture or sale of domestic wines from grapes, as provided for in the Acts of 1877, page 33, approved February 27, 1877, relating to the manufacture and sale of domestic wines in this State. 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 approved December 5, 1882, entitled an Act to prohibit the sale of alcoholic, spirituous or malt liquors, or intoxicating bitters, in the county of Monroe after submitting the same to the qualified voters of said county; to provide a penalty, and for other purposes, be, and the same is, hereby amended by striking therefrom the sixth section of said Act, and inserting in lieu thereof the following: The above Act shall not prevent the manufacture or sale of domestic wines from grapes, as provided for in the Act of 1877, page 33, approved February 27, 1877, relating to the manufacture and sale of domestic wines in this State. Monroe county, domestic wines, manufacture and sale of. Sec. 2. Be it further enacted, That all laws and parts of laws in violation of the provisions of this Act be, and the same are, hereby repealed. Repealing clause. Approved November 19, 1901.

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MURRAY COUNTY, DRAINAGE OF. No. 194. An Act to require the owners of land traversed by creeks or other streams in Murray 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 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That within twelve months after the passage of this Act all persons owning land in the county of Murray traversed by creeks, branches, or other like streams, are hereby required to clean out and remove all obstructions within and through the limits of their own land, 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 and thereby allow a full and open channel for the free passage of the waters of said streams. Murray county, drainage of. Sec. 2. 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 obstructions, 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 landowner or any landowners that may be damaged by said obstructions, and the mode of procedure shall be as prescribed by law for the abatement of a nuisance. How enforced. Sec. 3. 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 stream of said county for the purpose of erecting a mill or other public or private utility, or for the removing of any dam that has been constructed for such purpose. Cost, how paid. 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. Repealing clause. Approved November 15, 1901.

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MURRAY COUNTY, MANUFACTURE OF LIQUOR PROHIBITED. No. 238. 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 Murray county, Georgia. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act it shall be unlawful for any person or persons, firm or corporation, to manufacture within the limits of Murray county any spirituous, malt, or intoxicating liquors or brandy (except domestic wines made from grapes or berries as now permitted by statute). Murray county, manufacture of liquor prohibited. Sec. 2. Be it further enacted, That any person or persons, firm or corporation, violating the provisions of this Act by illegally distilling, or in any other way manufacturing or aiding directly or indirectly in the manufacture of any spirituous, malt, or intoxicating liquors or brandy, within the limits of Murray 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 3, of the Code of 1895 of said State. Penalty Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved November 27, 1901.

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PICKENS COUNTY, BOARD OF COMMISSIONERS CREATED. No. 328. An Act to create a board of commissioners of roads and revenues for the county of Pickens, and to define its power and duties, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act there shall be established in and for the county of Pickens a board of commissioners of roads and revenues, to consist of three persons as follows: Dr. J. S. Darnell, Harry Dewar, B. H. Simmons, citizens of said county. Pickens county, board of commissioners. Sec. 2. Be it further enacted, That the first commissioner named shall hold his office until his successor is elected and qualified, which said election shall be held with and in the same manner as the regular election for other county officers on the first Wednesday in October, 1902, and every two years thereafter. The last two commissioners shall hold their offices until their successors are elected and qualified, the election to be in the same manner as the election for the first commissioner named in this bill, except the election for the successor to the second one named shall be in 1904, and the last one named in 1906, and every two years thereafter in their respective order, so that all the terms after the first election shall be six years. Any vacancy occurring in this or any subsequent board shall be filled by the remaining commissioners, and the person chosen shall serve for the unexpired term. No person shall be eligible under this Act who has not been a citizeen of said county at least two years next preceding his election. Election. Sec. 3. Be it further enacted, That it shall require two of said commissioners to constitute a quorum to transact any business. Quorum. Sec. 4. Be it further enacted, That said board of commissioners shall have exclusive jurisdiction over all matters concerning county property, county taxes, general and special, in all matters pertaining to militia districts, in caring for, managing and disbursing of all county funds; in the building, managing and controlling of all roads and bridges; in the appointment of road commissioners and the enforcement of all road laws, and such other duties as are conferred by general law or usually performed by county commissioners. Jurisdiction. Sec. 5. Be it further enacted, That said board of commissioners

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shall meet at the court-house in said county on the first Tuesday in each month for the purpose of transacting the business appertaining to their office, and they are hereby authorized to meet at such other times as they may deem necessary. Meetings. Sec. 6. Be it further enacted, That said commissioners, before entering upon the duties of the office, shall, in addition to the oath usually administered to all county officers, take and subscribe an oath to truly, faithfully and impartially discharge their duties during their term of office as commissioners, which said oath may be administered by a judge of the superior court, ordinary of the county, or clerk of the superior court. Oath. Sec. 7. Be it further enacted, That as compensation, each of said commissioners shall receive two dollars for each day he is actually engaged in his duties as such commissioner; provided, that no commissioner shall receive more than fifty dollars in any one year. Per diem. Sec. 8. Be it further enacted, That said board of commissioners shall elect one of their number chairman, who shall preside at all meetings. Chairman. Sec. 9. Be it further enacted, That the clerk of the superior court shall be or act as clerk of said board of commissioners, and for compensation shall receive one dollar per day for actual service. Clerk. Sec. 10. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 16, 1901. PIKE COUNTY, MOLENA SCHOOL DISTRICT INCORPORATED. No. 331. An Act to incorporate the Molena school district in Pike county, Georgia; to define the boundaries of the same; to regulate the management of schools in said district; to provide revenue and the distribution of the same for said schools; to provide for the election of five trustees and to confer on them certain powers, 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 management and control of all schools in the Molena district be vested in five men,

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who shall constitute a board of trustees of the Molena 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 said name be capable of suing and being sued in any court of law or equity in this State. Pike county, Molena school district incorporated. Sec. 2. Be it further enacted by the General Assembly of the State of Georgia, That the corporate limits of said school district shall include the following territory in said county: commencing at or near the southeast corner of the lot of land No. 270 on the west bank of Elkins creek, in the ninth district of said county, and running north to the northeast corner of said lot of land; thence west along original land line to Flint river; thence along the east bank of said river to the junction of Elkins creek and said river; thence along the west bank of said creek in a northeasterly direction, as said creek runs to starting point. Corporate limits. Sec. 3. Be it further enacted by the authority aforesaid, That J. D. Carraker, W. H. Brooks, J. T. Jordan, D. M. Willis, and T. R. Willis, 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, one for four years, and one for five years. Their successors in office shall serve for a term of five years, and each member dating from the time of his election. The board of trustees shall fill all vacancies. Board of trustees. Sec. 4. Be it further enacted by the authority aforesaid, That said board of trustees shall organize by electing a president, vicepresident, 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. 5. 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 schoolhouses by rent, building, purchasing or otherwise; to make and hold title to such property, and to make such rules and regulations for the government of themselves and said schools as they may deem proper,

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and not in conflict with the laws of this State; and to do any and all things promotive to the best educational interest of said district not in conflict with the provisions of this Act or the laws of this State. Powers. Sec. 6. 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, 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 benefit of public school 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 school upon the 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. Separate schools for white and colored. Sec. 7. 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 Pike county, and he is hereby required, to pay over to the treasurer of said board of trustees under such rules as 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 Pike county assigns to the county, their pro rata share of the school fund. Pro rata share of county school fund. Sec. 8. 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 of one per cent. of the taxable property of said district, in the same manner as other taxes of said town of Molena, Georgia, 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

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that may be placed in the 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. Special tax. Sec. 9. Be it further enacted by the authority aforesaid, That after the ratification of this Act the board of education of Pike county shall not establish any other schools, grant any license to, or contract with any other person to teach a school of any 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. 10. Be it further enacted by the authority aforesaid, That in case any school property required by said board of trustees under provisions 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. Sales of school property. Sec. 11. Be it further enacted by the authority afresaid, 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 Molena, Georgia, 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 Legal Taxation for Public Schools, and those opposed to public schools shall have printed or written on their ballots, Against Legal Taxation for Public Schools, and if a majority of the qualified voters of said district in said election be For Legal 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. Sec. 12. 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. Report of trustees and treasurer. Sec. 13. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 16, 1901.

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PULASKI COUNTY, DISPENSARIES FOR. No. 193. An Act to establish, maintain and regulate dispensaries for the sale of alcoholic, spirituous, vinous, malt, fermented and intoxicating liquors, ciders, intoxicating bitters and all other intoxicating drinks in such of the several incorporated cities and towns in the county of Pulaski as have one thousand population or more according to the census of 1900, on recommendation of the municipal authorities of said cities and towns, to establish and perpetuate a board of dispensary commissioners for said county, for the management of said dispensaries, 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 it shall be unlawful for any person to sell any alcoholic, spirituous, vinous, malt, fermented, or intoxicating liquors, or intoxicating bitters, or any other intoxicating drinks in the county of Pulaski, except in the dispensaries provided for in this Act, and in which dispensaries it shall be lawful to sell the same, and no municipal authorities in said county shall license the sale of such liquors or drinks by any person, firm or corporation. Pulaski county, dispensaries for. Sec. 2. Be it further enacted by the authority aforesaid, That the persons who now hold the office of commissioners of roads and revenues of Pulaski county, and their successors in office, shall be known as dispensary commissioners of Pulaski county, and they are hereby constituted a body corporate under the name of dispensary commissioners of Pulaski county, with all the powers that are usual and incident to corporations of this State, besides the powers hereinafter conferred. Dispensary commissioners. Sec. 3. Be it likewise enacted, That whenever the municipal authorities of any incorporated town or city in said county having a population of one thousand or more, according to the census of 1900, shall desire the establishment of a dispensary in said town or said city, it shall be the duty of said municipal authorities to pass a resolution declaring such desire and to furnish a copy of such resolution to said dispensary commissioners of said Pulaski county. Thereupon a board of three supervisors for the dispensary to be located in such town or city shall be chosen from the citizens of said town or city as follows: They shall be nominated by the municipal

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authorities of such town or city and confirmed by the dispensary commissioners of Pulaski county. The supervisors thus chosen shall hold their offices as follows: one of them for a term of one year, one of them for a term of two years, and one of them for a term of three years succeeding their confirmation, and their successors shall be nominated and confirmed in like manner, during the month of October in each year, for a term of three years, each to begin at the expiration of the term of his predecessor so that there shall be one supervisor chosen each year for a term of three years. Any vacancy occurring on such board of supervisors from death, resignation, removal, or any cause, shall be filled as soon as practicable by nomination and confirmation as aforesaid for the unexpired term. Any of said supervisors may be removed from office by the dispensary commissioners of Pulaski county at any time upon ten days' written notice, for any malpractice in office, any wilful or negligent failure on his part to perform any of the duties imposed upon him or for any violation of any of the provisions of this Act, or of the laws of said State, regulating the sale of liquor, and the action of said dispensary commissioners shall be final. Said supervisors shall elect one of their number chairman. Dispensaries, location of. Supervisors. Sec. 4. Be it likewise enacted, That such board of supervisors shall elect a man of good moral character and sober habits as dispensary manager for such dispensary. Said dispensary manager shall be elected for a term of one year. In case of a vacancy in the office of such dispensary manager from death, resignation, removal, or other cause, such board of supervisors shall elect a successor for the unexpired term. Such dispensary manager shall be at all times subject to the orders, rules and regulations of such board of supervisors, and shall, before entering upon the discharge of the duties of his office, give such bond and security as such board of supervisors may require, conditioned to faithfully account for all goods and money that may come into his hands as such dispensary manager, and for the faithful performance of all duties required of him; and he shall also take and subseribe an oath that he will faithfully and honestly discharge the duties of dispensary manager. He shall receive such compensation as may be fixed by said board of supervisors, and his compensation shall not be in any way dependent upon the amount of his sales. He shall receive no gifts, rebates, commission, or other gain of any kind besides his salary. Said supervisors may employ such other aid in the management of said dispensaries from time to time as they see proper. Manager. Duties. Bond. Oath. Compensation. Sec. 5. Be it likewise enacted, That such dispensary manager shall, for and in the name of the dispensary commissioners of

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Pulaski county, establish and maintain, under the direction and control of the board of supervisors who elected him, and in the town or city whose authorities nominated said board of said supervisors, a dispensary for the sale of such liquors before mentioned, purchasing the stock thereof and keeping the same and selling the same in the manner prescribed by said supervisors, selling said liquors for cash only. All funds arising from the sale of said liquors or from the sale of empty barrels, or from any other source connected with said dispensary, shall be deposited daily with the treasurer of the town or city in which said dispensary is located, and such treasure is hereby made the depository of such dispensary. All debts incurred in the establishment and maintenance of such dispensary shall be paid out of said funds so deposited with said treasurer, upon the order of the dispensary manager after the same has been indorsed by at least one of the supervisors of said dispensary. Such dispensary shall be maintained and operated from the profits arising from the sale of said liquors; provided, that to inaugurate said dispensary, and to purchase the first stock therefor, said dispensary commissioners of Pulaski county shall be authorized to borrow money or to pledge the credit of said dispensary commissioners of Pulaski county, but they cannot bind the county of Pulaski for any such debts in any way. Each dispensary operated under this Act shall be separate from the others and in no event shall the profits of one dispensary be used to maintain another, but each must be self-sustaining, and any unproductive dispensary shall be discontinued by order of the dispensary commissioners of Pulaski county as soon as it appears that said dispensary is unproductive. Said board of supervisors shall, from time to time, make rules and regulations for the operation of such dispensary, not in conflict with this Act or the laws of this State. The quantity of such liquor sold to any one person in any one day shall not exceed one gallon, and in no event shall such liquors be furnished in quantities less than one-half pint, and none shall be drunk in the building or on the premises where said dispensary is located. Said dispensary shall not be opened before sunrise, and must be closed each day at sunset, except that from the 1st day of September of each year to the 1st day of April of the year next succeeding, it may be opened at 6 o'clock a. m. and kept open until 6 o'clock p. m. Said manager shall be bound by all the laws of this State regulating the sale of liquors and all of the regulations of the board of supervisors not in conflict with the laws of this State. Stock, how bought and sold. Dispensaries, how established and maintained. Regulations. Sec. 6. Be it likewise enacted, That said dispensary manager shall sell to no person any of said liquors except in sealed packages,

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and whenever any original package is broken it shall be at once bottled and sealed. Said manager shall, under oath, make a monthly report to the supervisors of his dispensary, showing the financial condition of said dispensary, its liabilities, if any, cash on hand, and the amount of sales for the preceding month, and the stock on hand at the end of said month. Whenever any such authorities of any such town or city shall desire the discontinuance of any such dispensary located in said town or city, they shall pass a resolution showing such desire, and furnish a copy thereof to the dispensary commissioners of Pulaski county. Thereupon the supervisors of such dispensary shall sell the stock and close the same as soon as practicable. Sales. Reports. Sec. 7. Be it likewise enacted, That the books of accounts and all other papers connected with the said dispensary shall be at all times open to inspection by the public. Said chairman of said board of supervisors shall be under the special duty of specially supervising the management of said dispensary, but shall have no more power than the other supervisors. Said chairman shall receive a salary of twenty-five dollars per annum, to be paid out of the profits of the dispensary. No other officer connected with any of said dispensaries shall receive any salary. And neither said chairman, nor any other officer connected with said dispensary, shall receive any gifts, rebates, commission, or other gain from any source connected with such dispensary, either directly or indirectly. Control. Sec. 8. Be it likewise enacted, That said board of supervisors shall, as often as once in each quarter, set aside as a dividend or profits of all money belonging to said dispensary that can be taken from it without embarrassing the continuance of its business, with a stock of such size as said supervisors may deem proper for such dispensary; provided, said supervisors shall at all times retain a sufficient amount of funds to enable all bills incurred in the management of said dispensary to be paid in cash, and they are required to avail themselves of all discounts for cash allowed on such bills. The money thus set aside as dividends or profits shall be at once divided equally between the town or city in which such dispensary is located, and the county of Pulaski, and the part thus going to Pulaski county shall be paid directly to the county treasurer of Pulaski county, and the part going to the city or town shall be paid directly into the city or town treasury where the dispensary is located, and the board of supervisors shall order these payments made as aforesaid and see that they are made. Profits. How divided.

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Sec. 9. Be it likewise enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved November 15, 1901. ROCKDALE COUNTY, FISH, PROTECTION OF. No. 286. An Act to prohibit the catching or taking fish from any of the streams of Rockdale county by means of any seines, cast-nets, or similar device or devices made for the bagging of fish, or any trap, or damming up the streams, for the space of five years, the law not to prohibit hooking or ordinary baskets. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act it shall be unlawful for any person or persons to catch or take from any of the streams of Rockdale county any fish or fishes by means of any seines, cast-nets, or similar device or devices made for the bagging of fish, or any trap or damming up the streams, for the space of five years from the passage of this Act; provided, this law shall not prohibit the catching of fish with hooks or ordinary fish baskets. Rockdale county, fish, protection of. Sec. 2. Be it further enacted by authority aforesaid, That any person or persons violating the provisions of section 1 of this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in section 1039, volume 3, of the criminal Code of Georgia of 1895. Penalty. Sec. 3. 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. Repealing clause. Approved December 11, 1901.

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SPALDING COUNTY, MANUFACTURE OF LIQUOR. No. 312. An Act to repeal an Act entitled An Act to make it unlawful to manufacture any alcoholic, or spirituous, or malt, or intoxicating liquors, except domestic wines, in the county of Spalding, and to prescribe a penalty for violating same, and for other purposes, which was approved December 20, 1899. 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 that section 1 of an Act, approved December 20, 1899, making it after April 1, 1900, unlawful to manufacture any alcoholic, spirituous, malt or intoxicating liquors, except domestic wines, in the county of Spalding, be, and the same is, hereby repealed. Spalding county, manufacture of liquor. Sec. 2. Be it further enacted, That section 2 of said Act, approved December 20, 1899, which provides 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 3 of the Code of 1895, be, and the same is, hereby repealed. Penalty for repealed. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Repealing clause. Approved Dec. 14, 1901. TAYLOR COUNTY, BOARD OF COMMISSIONERS, CLERK OF. No. 209. An Act authorizing the board of roads and revenues of Taylor county to elect its own clerk and fix his compensation, 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 board of roads and revenues of Taylor county be, and it is, hereby authorized to elect its own clerk and fix his compensation at the first regular meeting in January, after the regular election of the members of the said board, and if for any cause there is a failure to

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elect at said time, then so soon thereafter as practicable at a regular meeting. Said clerk, when so elected, shall be responsible to said board for his acts, and may at any time be removed from office by said board; provided, that this Act shall not effect the term of office of the present incumbent of the office of clerk of said board. Taylor county, board of commissioners. Clerk 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. Repealing clause. Approved Nov. 20, 1901. TERRELL COUNTY, DISPENSARY, ACT CREATING AMENDED. No. 345. An Act to amend the Act approved December 10, 1897, establishing the dispensary system for Terrell county, found on pages 562, 563, 564, 565 of the (published) Georgia Laws, 1897, by adding at the end of the eleventh section, on page 565, the following: Provided that nothing in this Act shall be taken or construed to effect, repeal or modify the general laws of this State on the subject of selling domestic wines as allowed by the Act of 1877, page 33, and the amendments thereto; and it is the true intent and purpose of this Act not to interfere with the sale of domestic wines in quantities not less than one quart, as authorized by the said Act of 1877, and the amendments thereto, and the general laws of this State touching the sale of domestic wines remain in full force and effect in said county of Terrell, not-withstanding the passage of the foregoing dispensary Act. 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 above entitled Act establishing the dispensary system for Terrell county, approved December 10, 1897, found on pages 562, 563, 564 and 565 of the (published) Georgia Laws of 1897, be, and the same is, hereby amended by adding at the end of the eleventh section of said Act, on page 565, the following words and sentences, to wit: Provided that nothing in this Act shall be taken or construed to effect, repeal or modify the general laws of this State on the subject of selling domestic wines as allowed by the Act of 1877, page 33, and the amendments thereto; and it is the true intent and purpose of this Act (the dispensary

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Act aforesaid) not to interfere with the sale of domestic wines in quantities not less than one quart, as authorized by the said Act of 1877, and the amendments thereto, and the general laws of this State touching the sale of domestic wines remain in full force and effect in said county of Terrell, notwithstanding the passage of the foregoing dispensary Act. Taylor county. Sale of domestic wines. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 16, 1901. WARE COUNTY, PUBLIC SCHOOL SYSTEM ESTABLISHED. No. 260. An Act to establish and maintain a local public school system in the county of Ware, outside the city of Waycross; to provide for the levy and collection of a special tax in support of same, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act there shall be established in the county of Ware, outside of the corporate limits of Waycross, two successive grand juries having so recommended, and public notice having been given, as required by law, a local system of public schools, to be conducted, maintained, supported and provided for in the manner hereinafter set forth. Ware county. Public school system. Sec. 2. Be it likewise enacted, That the board of education of Ware county shall consist of five members, the members of [Illegible Text] board of education to be elected by the grand jury of Ware county, at the spring term of the superior court of said county, and hold their office for four years, and until their successors are elected and qualified. That the grand jury of Ware county, at the spring term of the superior court of the years when the terms of members of the board of education expire, shall elect their successors for a term of four years; that if there should be a vacancy by death, resignation or otherwise, then said vacancy shall be filled for the unexpired term by the grand jury at the first term of the court after such vacancy occurs. That three members of the board of education shall constitute a quorum for the transaction of all

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business, and each member of said board of education in attendance upon its meetings shall receive a per diem of two dollars for each day said board is in session, to be paid out of the educational fund of said county. Board of education. Sec. 3. Be it likewise enacted, That the members of said board of education shall be freeholders; that the board shall, at its first meeting after the passage of this Act, elect one of their own number to be president of said board, who shall serve as such during the term for which he was chosen as a member of said board. The said board shall also, at the same time, elect a superintendent of public schools, who shall be ex-officio the secretary of said board. That the superintendent shall hold his office for a term of four years, unless sooner removed for neglect of duty, inefficiency or malfeasance or corruption in office. That the president of said board shall not receive any compensation other than that received by the other members of said board, but that the superintendent of schools shall receive such salary as the board shall fix. President of board. Superintendent of schools. Sec. 4. Be it likewise enacted, That it shall be the duty of the president of said board to preside over the deliberations of said board, which duty, in his absence, shall be performed by a president pro tempore, to be selected by the said board, and to see that all orders and resolutions of the board are faithfully carried out, and to perform such other duties as the board may determine. The duties of the superintendent of the public schools shall be to faithfully and carefully look after and superintend the schools established by said board of education; to examine all applicants for the position of teachers in said schools; to make from time to time to said board such recommendations as he may think will increase the efficiency of said schools; to act as secretary of said board, and record and preserve all the acts and resolutions of said board, and to perform such other duties as may be imposed upon him by said board. It shall be the duty of the treasurer of the board, which treasurer shall be the county treasurer of Ware county, to receive, safely keep and pay out, under the writeen order of said board, all the public school fund of Ware county provided for in this Act, and to make such reports as the said board may require of him. Duties of Treasurer. Sec. 5. Be it likewise enacted, That the duties of said board of education shall be to establish in Ware county, outside of the corporate limits of Waycross, as many schools as may be necessary for the educational interests of said county; provided, that separate schools shall be provided for the white children and the colored children; to provide school houses by building, renting, purchasing

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or otherwise, and to repair the same if deemed advisable; to employ teachers for the schools established, after an examination by said superintendent, as may be provided; to prescribe the curriculum of all the schools and to arrange the course of study; to provide all necessary school furniture and educational appliances when considered best; to fix the salaries of teachers, said salaries to be paid in such manner and at such time as the board may prescribe; to make and receive and hold titles to all property that said board may acquire, and by purchase, lease, gift, or otherwise; to make such by-laws, rules and regulations for the government of the board and of the schools, and for the receiving and paying out of all funds as they may deem necessary. And said board shall have all the right and powers, other than those mentioned, that may be necessary in carrying out the provisions of this Act. Duties and powers of board. Sec. 6. Be it likewise enacted, That the funds necessary for the establishing, maintaining and supporting said public schools shall be derived as follows: 1st. The board of commissioners of roads and revenues of said county of Ware is hereby authorized, empowered and required to levy, each year after the passage of this Act, a special tax, as the board of education may recommend, not to exceed one-fourth of one per cent., on all property, real and personal, in said county, outside the corporate limits of the city of Waycross, subject to taxation, which said tax shall be collected by the tax collector of said county at the same time and in the same manner as he collects the State and county taxes, and said tax collector shall pay said taxes as he collects it to the treasurer of Ware county. Special tax. 2nd. The State School Commissioner is hereby authorized and required to pay to the treasurer of Ware county, for the account of the board of education of Ware county, the pro rata share of the State public school fund belonging to Ware county. Pro rata share of State school fund. 3rd. The board of education may require of the nonresident pupils, and of pupils under or over the legal school age admitted into such schools, such tuition fee as they may fix. Tuition. Sec. 7. Be it likewise enacted, That the funds received from the sources hereinbefore mentioned shall constitute the educational fund of Ware county, and shall be in the hands of the treasurer, and to be paid out on the written order of the board of education for the purpose of carrying out the objects of this Act. Disbursement of funds. Sec. 8. Be it likewise enacted, That the said schools established under the provisions of this Act shall be open for not less than six months nor more than nine months in each year, and shall be absolutely free for all the children between the ages of six and

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eighteen years of age whose parents, guardians or natural protectors reside within said county of Ware, and outside the corporate limits of the city of Waycross; provided, that the board of education shall have the authority to indicate the school that any child or children shall attend, and to fix a maximum and minimum number of pupils that may or shall attend any school, and to close said school at any time said school shall fall below the minimum of attendance required. Sessions. Sec. 9. Be it likewise enacted, That any member of said board of education shall, for inefficiency, corruption or malfeasance in office, be removed from said board by the grand jury of Ware county. Members of board removable Sec. 10. Be it likewise enacted, That all contracts with said board of education shall, on the part of the board of education, be signed by the superintendent and approved by the president, except the contracts with the teachers, which shall be signed by the superintendent alone, acting under the authority of the board. Contracts. Sec. 11. Be it likewise enacted, That this Act shall be submitted to an election for approval or disapproval by the qualified voters of Ware county residing outside the corporate limits of Waycross. The ordinary of Ware county is hereby authorized, empowered and required to cause the election provided for in this section to be held throughout the county, on a day to be fixed by the ordinary, not later than ninety (90) days after the passage and approval of this Act. Election. The ordinary of Ware county is hereby directed and required to give ten days' public notice of such election in the newspaper in which the sheriff's advertisements are published. Those voters favoring public schools and this Act shall have written or printed on their ballots, For public schools and a special tax for support of same, and those opposing shall have written or printed on their ballots, Against public schools and a special tax for support of same. The said election shall be held in the same form and manner as elections for members of the General Assembly of this State are held, except that the consolidated returns shall be made to the ordinary of Ware county, who shall determine the result of said election. Said returns of said election shall be made by twelve o'clock on the day following said election. If public schools, under the provisions of this Act, should be favored by a two-thirds vote of the persons qualified to vote at said election, the ordinary shall so declare in writing, and his declaration

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shall be published once in the newspaper in said county in which the sheriff's advertisements are published, and after said publication this Act shall take effect and be of force. In determining the persons qualified to vote at each election reference shall be had to the last registration list of said county. Sec. 12. Be it likewise enacted, That should this Act fail to receive the two-thirds vote of those persons qualified to vote in said election, it may again be submitted to the qualified voters of said county after twelve months shall have elapsed; and upon the petition of fifty freeholders of said county, the ordinary thereof shall cause said second election upon this Act to be held at any time after twelve months from the first election; provided, that thirty days' public notice of such election shall first be given in the newspapers in which the sheriff's advertisements are published. Said second election shall be held under the same regulations as are provided in section 11 of this Act. Second election. Sec. 13. Be it likewise enacted, That nothing in this Act shall alter or abridge the authority of the school board of the city of Waycross, or in any way repeal or alter the Act creating the public school system of Waycross. Waycross. Sec. 14. Be it likewise enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 5, 1901. WARE COUNTY, LICENSE FEE TO SELL LIQUOR. No. 264. An Act fixing the license for selling spirituous, intoxicating or malt liquors by wholesale or retail in Ware county, Georgia, at thirty thousand dollars per annum, and excepting from the provisions of said Act dealers in, or producers of, wines manufactured from grapes or berries purchased by them, or grown on lands owned, leased or rented by them, and to provide a penalty for the violation of the same, and to repeal existing conflicting laws. 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 license for selling spirituous, intoxicating or malt liquors by wholesale or retail in

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Ware county, Georgia, shall be thirty thousand dollars per annum, which sum shall be paid into the county treasury of said county before any such license shall issue or be obtained; provided, that nothing in this Act shall be so construed as to levy a tax on dealers in, or producers of, wines manufactured from grapes or berries purchased by them or grown on lands owned, leased or rented by him. Ware county, license fee to sell liquor. Sec. 2. 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 the Penal Code of 1895 of the State of Georgia. Penalty. Sec. 3. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 5, 1901. WAYNE COUNTY, LICENSE FEE TO SELL LIQUOR. No. 322. An Act fixing the license for selling spirituous, malt or intoxicating liquors by wholesale or retail in Wayne county, Georgia, at twenty thousand dollars per annum, excepting producers of wines manufactured from grapes or berries grown on lands owned, leased or rented by said producers, and to provide a penalty for the violation of the same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by the authority of the same, That from and after the passage of this Act the annual license fee to sell at wholesale or retail any spirituous, malt or intoxicating liquors or intoxicating beverages or bitters in said county of Wayne, and State of Georgia, shall be twenty thousand ($20,000) dollars per annum, which sum shall first be paid into the county treasury, in lawful currency, before any license shall issue; provided, that nothing in this Act shall be so construed as to levy a tax on any producer of domestic wines manufactured from grapes or berries grown on lands owned, leased or rented by such producers as are now authorized by law. Wayne county, license fee to sell liquor.

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Sec. 2. Be it further enacted by authority aforesaid, That any person or persons who shall violate the provisions of this Act shall be guilty of a misdemeanor, and on conviction shall be punished by a fine of not less than one hundred ($100.00) dollars nor more than five hundred ($500.00) dollars, or imprisonment at hard labor for a term of not less than one nor more than five years. Penalty. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 14, 1901. INSOLVENT CRIMINAL COSTS IN NORTHERN CIRCUIT. No. 270. 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 the 20th, 1872, so far as the same relates to the county of Elbert. 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 provide for the payment of certain insolvent costs in the northern judicial circuit, and for other purposes, approved August the 20th, 1872, so far as said Act relates to Elbert county, be, and the same is, hereby repealed; provided, that the provisions of this Act shall not go into effect until January the 1st, 1903. Elbert county. Insolvent criminal costs. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 7, 1901.

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Part III.Corporations. TITLE I.MUNICIPAL CORPORATIONS. TITLE II.PRIVATE CORPORATIONS.

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TITLE 1. MUNICIPAL CORPORATIONS. ACTS. Adairsville, town of, charter amended. Albany, city of, charter amended. Allentown, town of, incorporated. Argyle, town of, incorporated. Ashburn, town of, public schools for. Athens, dispensary, profits of, how applied. Atlanta, charter of amended. Atlanta, charter of amended. Augusta, charter of amended. Augusta, charter of amended. Augusta, charter of amended. Babcock, town of incorporated. Bainbridge, made a city. Bainbridge, new charter fo Baldwin, town of, charter amended. Barnesville, dispensary, act creating amended. Barnesville, dispensary, act creating amended. Bartow, town of, incorporated. Baxiey, city of, charter amended. Bluffton, town of, charter amended. Calhoun, town of, charter amended. Calhoun, town of, charter amended. Calhoun, town of, charter amended. Calhoun, town of, institute transferred to. Carnesville, town of, charter amended. Colquitt, town of, charter repealed. Colquitt, town of, incorporated. Comer, town of, public schools for. Columbus, charter amended. Columbus commons, sale of. Columbus commons, sale of. Columbus commissioners of commons. Colldge, town of, incorporated. Covington, public school system. Cnlverton, town of, charter amended. Decatur, town of, public school system. Doerun, town of, public school system.

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Dublin, public school fund. Eastman, dispensary for. Emerson, town of, charter amended. Fitzgerald, charter amended. Gillsville, town of, incorporated. Greensboro, charter amended. Griffin, charter amended. Harmony Grove, city of, incorporated. Harmony Grove, town of, charter repealed. Hartwell, town of, charter amended. Hazlehurst, town of public school system for. Herod, town of, incorporated. High Shoals, town of, incorporated. Hogansville, town of, new charter for. Hogansville, town of, dispensary for. Hogansville, town of, public school system. Irwinville, town of, incorporated. Irwinville, town of, charter repealed. Jackson, town of, charter amended. Jeffersonville, town of, incorporated. Jeffersonville, town of, public schools for. Jeffersonville, town of, dispensary for. Kestler, town of, charter amended. LaGrange, new charter for. LaGrange, public school system for. LaGrange, dispensary for. Lenox, town of, incorporated. Linwood, town of, incorporated. Lone Oak, town of, incorporated Lumber City, town of, public school system. Macon, charter amended. McDonough, town of, charter amended. McDonough, town of, charter amended. McRae, town of, waterworks for. Milltown, town of, incorporated. Milledgeville, charter amended. Mineral Bluff, town of, charter amended. Mineral Bluff, town of, public school system for. Monticello, town of, act to regulate, repealed. Monticello, city of, incorporated. Moultrie, city of, new charter for. Mt. Vernon, charter amended. Oakland City, town of, charter amended. Palmetto, town of, corporate limits extended. Pelham, town of, charter amended. Powellville, town of, charter repealed. Preston, town of, new charter for. Rome, dispensary for. Sandersville, town of, charter amended. Sandersville, town of, charter amended. Savannah, officers of, when elected. Savannah, Center street closed Savannah, corporate limits extended. Senoia, town of, public schools for. Smithville, town of, charter amended. Spring Place, town of, public schools for. Summerville, village of, charter amended. Temple, town of, new charter for. Toccoa, town of, public school of. Tripp, town of, incorporated under name of Berkley.

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Union Point, town of, incorporated. Valdosta, city of, incorporated. Valdosta, town of, charter repealed. Vienna, city of, incorporated. Vienna, town of, charter repealed. Waleska, town of, charter amended. Waleska, town of, charter amended. Warrenton, town of, public schools for. Washington, [Illegible Text] for. Watkinsville, town of, charter amended. Waycross, charter amended. Waynesboro, city of, charter amended. Waynesboro, electric lights and water works. Wrens, town of, incorporated. ADAIRSVILLE, TOWN OF, CHARTER AMENDED. No. 311. An Act to amend the charter of the town of Adairsville, in Bartow county, Georgia, so as to authorize and empower the mayor and council of said town to establish a chain gang, and to provide for the working therein of persons convicted of violating the town laws and ordinances; to provide for the collection of annual street or commutation tax in lieu of work upon the streets of said town, and the punishment of defaulters who fail to work or pay the said tax; to authorize the collection of a license tax upon business and vocations carried on 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 from and after the passage of this Act the mayor and council of the town of Adairsville, in Bartow county, Georgia, shall have the power and authority to establish a chain gang for said town, under such rules and regulations as they may deem proper, not inconsistent with the laws of this State. Adairsville, chain gang for. Sec. 2. Be it further enacted by the authority aforesaid, That upon the trial of any person or persons before the mayor of said town, or such other officer as may be authorized to try offenders for the violation of any law, ordinance or ordinances of said town, may, in addition to a fine, require the person or persons convicted to work on the chain gang, or may, if the fine is not paid, require the person convicted to work on the chain gang in lieu thereof not exceeding four days for every dollar imposed; provided, that in no

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event shall the person convicted be required to work for a term exceeding ninety (90) days. Convicts. Sec. 3. Be it further enacted by the authority aforesaid, That the mayor and council of said town of Adairsville may require and compel all persons residing within the corporate limits of said town, subject by the laws of this State to road duty, to work on the streets of said town not exceeding fifteen days in each year, at such times as the mayor and council may designate, but may receive in lieu thereof, to be expended upon said streets, a commutation tax from such person not exceeding five dollars; and any person or persons failing or refusing to perform said work, or pay said commutation tax, within the time prescribed by the ordinances or by-laws adopted by said mayor and council, and after having had at least one day's notice so to do, either verbal or written, from the marshal or deputy marshal of said town, such person or persons so failing or refusing shall be arrested by the marshal or deputy marshal and carried before the mayor, and in his absence or disqualification before any member of the council of said town, and upon conviction of such default shall be fined not exceeding fifteen dollars, or imprisoned in the city prison or common jail of Bartow county not exceeding thirty days, or be sentenced and compelled to work upon the streets of said town in the town chain gang, under the supervision of the superintendent or officer having charge of the street work, not exceeding thirty days; either one or more, or all these penalties may be imposed in the discretion of the officer trying the case. Street tax. Sec. 4. Be it further enacted by the authority aforesaid, That in addition to the powers of taxation already conferred upon and possessed by the mayor and council of said town of Adairsville, they shall have power and authority to regulate, control and collect a special or license tax from all opera houses, livery stables, hacks, drays and other vehicles used for hire, the keepers of stallions and jacks, auctioneers, itinerant traders, theatrical performances, shows, circuses and exhibitions of all kinds, itinerant lightning rod dealers, emigrant agents, clock and store peddlers of all kinds, itinerant dealers in jewelry, spectacles, medicines and all other traveling or itinerant vendors of articles, wares and merchandise, except such as are exempted by the laws of this State; also every keeper of a pool, billiard or bagatelle table kept for public use or gain; every keeper of a shooting gallery, ten-pin alley, or any other stand or place for any game or play with balls, cards, dice, rings, or other contrivance; every person running a flying-jenny or flying horses, bicycle or skating rink; all solicitors and

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canvassers selling goods, wares or merchandise by sample or retail to consumers, and all other establishments, business, callings or vocations, whether by individuals, firms or corporations, which are not under the Constitution and laws of this State exempt from taxation. They shall also have power to provide the method of collecting any or all such special or license taxes, and to fix and enforce penalties against any of said occupations or individuals, firms or corporations exercising any such privileges without first having paid such special tax or obtained such license. Special taxes. Sec. 5. Be it further enacted by the authority aforesaid, That so much of an Act incorporating the town of Adairsville, approved August 27th, 1872, and the Acts amendatory thereof, as conflicts with the provisions of this Act, and all other laws and parts of laws that conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 12, 1901. ALBANY, CITY OF, CHARTER AMENDED. No. 204. An Act to amend an Act creating a new charter for the city of Albany, approved December 20, 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 26 of an Act to create a new charter of the city of Albany, approved December 20, 1899, be, and the same is, hereby amended as follows: By striking out the words two members of council elected by the mayor and council, each of whom shall serve for one year, and in the fourth and fifth lines thereof, so that said section when so amended shall be as follows: There shall be a board of water and electric light commissioners, of which the mayor shall be ex-officio chairman. In addition to the mayor said board shall consist of two members elected by the mayor and council from the citizens of said city. Any one eligible to the office of mayor or councilman shall be eligible to the commission. The citizen members of said commission shall be elected for the term of two years, but at the first election hereunder one shall be elected for one year and one for two years. The terms of office of said commissioners shall begin on the first Monday in January, and continue

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until their successors are elected and qualified. The first election for commissioners hereunder shall be held as soon after the adoption of this charter as convenient, and their terms of office shall date as from the first Monday in January. All subsequent elections shall be held on the first Monday in January, and all vacancies shall be filled for the unexpired term in not more than fifteen days after such vacancies occur. Said board shall govern and control the waterworks and electric light system of said city in the manner hereinafter set forth. Albany. Water and electric light commissioners. Sec. 2. Be it further enacted by the authority aforesaid, That paragraph 2 of said section 26 be, and the same is, hereby amended as follows: By striking out the word five in the sixth line thereof and by inserting in lieu thereof the word three, so that said section when so amended shall be as follows: That a majority of said board shall constitute a quorum for the transaction of business, and all contracts and engagements, acts and doings of said board within the scope of their authority shall be obligatory upon, and be in the law considered as if done by, the mayor and council; provided, however, that no election held by said board shall be valid unless all three commissioners are present and vote in said election. Quorum. Sec. 3. Be it further enacted by the authority aforesaid, That paragraph 3 of section 26 be, and the same is, hereby amended by striking out all of said paragraph and by substituting in lieu thereof the following, so that said paragraph shall be as follows: That said board of commissioners shall biennially on Tuesday after the first Monday in January elect one superintendent of waterworks and electric lights, whose term of office shall be for two years, and until his successor is elected and qualified, who may be required to make stated reports to both the board and the mayor and council, and whose compensation shall be fixed by the mayor and council. In addition said board shall have the power to employ such number of persons as may from time to time be found needful in the management and operation of said electric light and waterworks plants, but no such employment shall be for a longer period than one year, the compensation of all such employees to be fixed by the mayor and council. Said board shall have the power to inflict penalties by way of fine, suspension or discharge upon said superintendent for any cause that may seem just and proper after a fair opportunity to be heard, two votes being necessary to fine, suspend or discharge, but the full board of three shall be necessary to constitute a quorum for said purposes. Superintendent. Sec. 4. Be it further enacted by the authority aforesaid, That paragraph 8 of section 26 be, and the same is, hereby amended as

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follows: By inserting the words of superintendent and between the words them and of in the second line of said paragraph, so that when so amended it shall be as follows: That the mayor and council may require bond with good and sufficient security in a sum to be fixed by them of the superintendent and of any or all employees appointed by said board, said bond conditioned for the faithful performance of their duties and the prompt delivery of all money belonging to said city coming into their hands during their continuance in office, and said bond to be made payable to the city of Albany. Superintendent, bond of. Sec. 5. Be it further 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. Repealing clause. Approved Nov. 16, 1901. ALLENTOWN, TOWN OF, INCORPORATED. No. 268. An Act to incorporate the town of Allentown, situated partly in the county of Laurens and partly in the county of Wilkinson, and in the State of Georgia; to define the limits of said town; to provide for officers to govern it; to prescribe the duties and powers, 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 town of Allentown, partly situated in the county of Laurens and partly in the county of Wilkinson, is hereby declared to be incorporated under the name and style of mayor and aldermen of Allentown, 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. Allentown, town of incorporated. Sec. 2. Be it likewise enacted, That the corporate limits of said town shall extend for three-quarters of a mile in every direction from the center of the two public roads that now cross each other at the village known as Allentown, on the Macon, Dublin and Savannah Railway. Corporate limits. Sec. 3. Be it likewise enacted, That the government of said town shall vest in a mayor and five aldermen, and that until the election for said officers occurs, as afterwards provided for in this

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Act, Dr. E. J. Denson shall be mayor, and that P. W. L. Meadows, J. W. Allen, W. M. Allen, J. T. Land and A. H. Rosar, Esqs., be aldermen of said town. Mayor and aldermen. Sec. 4. Be it likewise enacted, That on the second Wednesday in January, 1902, and annually thereafter on the same day in each year, an election shall be held in said town for five aldermen and one mayor, who shall hold their offices for one year, and until their successors are elected and qualified. But no one shall vote for or be eligible to the office of mayor or aldermen of said town who is not qualified to vote for members of the General Assembly of Georgia, and the certificates of the managers of said election shall be sufficient without the persons elected to enter upon the discharge of the duties of the office to which they have been elected. Election. Sec. 5. Be it likewise enacted, That before entering on the duties of their offices the mayor and aldermen so elected shall take and subscribe to the following oath: I do solemnly swear (or affirm) that I will faithfully discharge all the duties devolving upon me as mayor (or alderman, as the case may be) of the town of Allentown, to the best of my ability, so help me God. Oath. Sec. 6. Be it likewise enacted, That there shall be established in said town a police court for the trial of offenders against the ordinances of said town, the presiding officer of which shall be the mayor, or if said mayor be disqualified, or for any other reason fails to preside, any alderman may preside and hold said police court. Said mayor or alderman sitting as a police court shall have power to punish for contempt not to exceed a fine of five dollars, or imprisonment not exceeding ten days. Said court shall have power to punish for a violation of the town ordinances by a fine not exceeding twenty-five dollars, or imprisonment for not longer than forty days. Police court. Sec. 7. Be it likewise enacted, That said mayor and aldermen shall have power to levy and collect a tax of not exceeding one-half of one per cent. upon all property, both real and personal, within the limits of said town; to prescribe a business tax or business license, occupation tax and street tax; to provide for the laying out and working of the streets of said town; to condemn land for the purpose of laying out streets; to have and to hold real estate; to appoint a marshal and deputy marshal, and all other powers conferred on municipal corporations in title 7, volume 1, of the Code of 1895. Municipal powers. Sec. 8. Be it likewise enacted, That in addition to the writ certiorari which either the judge of the superior court of Wilkinson or Laurens county may issue, appeal may be had from the decision

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of the mayor, or alderman presiding in said police court, to the full board of aldermen, and when said appeal shall be filed said judgment of the mayor shall be suspended, and said board of aldermen shall hear the case de novo. Certiorari. Sec. 9. Be it likewise enacted, That all vacancies occurring in the offices of said town shall be filled by the board of aldermen, the mayor having no vote in said board of aldermen until there be a tie, in which event he shall vote, but shall preside at the meetings of said board of aldermen. Vacancies. Sec. 10. Be it likewise enacted, That said mayor and aldermen shall have power to pass all ordinances for the general welfare of the citizens of said town, to promote their health and interest, and to carry out the provisions of this Act. General powers. Sec. 11. Be it likewise enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 7, 1901. ARGYLE, TOWN OF, INCORPORATED. No. 206. An Act to incorporate the town of Argyle, in the county of Clinch, and in the State of Georgia; to provide for the election of a mayor and councilmen; to provide their powers and duties, and to provide for all matters of municipal concern and cognizance, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the town of Argyle, in the county of Clinch and the State of Georgia, be, and the same is, hereby incorporated under the name and style of the town of Argyle. Argyle, town of incorporated. Sec. 2. Be it further enacted, That the municipal government of said town of Argyle shall be vested in a mayor and four councilmen, who are hereby constituted a body corporate under the name and style of the mayor and council of the town of Argyle, and by that name and style shall have perpetual succession, and shall in said name be capable to sue and be sued, plead and be impleaded in any courts of law or equity in this State; shall have power to purchase, lease, hold, receive, enjoy, possess and retain

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to them and their successors, for the use and benefit of said town, any estate or estates, real or personal, of whatever kind or nature, within the limits of said town, and to sell, alien, exchange, lease or convey the same, or any part thereof, and to do all other acts relative to their corporate capacity consistent with the Constitution and laws of the State. Mayor and council. Sec. 3. Be it further enacted, That the corporate limits of said town of Argyle shall extend three-fourths of a mile in every direction from the freight and passenger depot of the Savannah, Florida and Western Railway Company in said town. Corporate limits. Sec. 4. Be it further enacted, That an election shall be held on the first Tuesday in January, 1902, and annually thereafter, at the court house in said town, for the election of a mayor and four councilmen of said town, to serve for one year, and until their successors are elected and qualified; and the polls of said election shall be opened at nine o'clock in the forenoon and close at two o'clock in the afternoon; said elections shall be held under the superintendence of the justice of the peace, or notary public, of the militia district in which said town is situated, or either of them, together with two freeholders of said town, to be chosen by the justice or notary so superintending; and each of said managers, before entering upon his duties, shall take an oath or affirmation before some justice or notary, or before one of themselves, that he will faithfully and impartially conduct said elections and prevent all illegal voting, to the best of his skill and knowledge, and in case the said managers of said election shall have any reasonable doubts as to the qualifications of any voters they shall have power to administer the following oath: You, A. B, do solemnly swear that you have attained the age of twenty-one years; that you are a citizen of the United States, and the State of Georgia, and have resided for the last thirty days within the limits of said corporation, and have paid all taxes legally imposed and demanded of you by the council or its authority, so help you God. And any person who shall take either of said oaths falsely shall be liable to indictment and punished as by section 1039 of the Criminal Code of Georgia, 1895. Election. Sec. 5. Be it further enacted, That the person or persons receiving the highest number of votes at said elections for mayor and aldermen respectively shall be declared duly elected. Sec. 6. Be it further enacted, That all male citizens qualified to vote for members of the General Assembly, and who shall have paid all taxes legally imposed and demanded by the authorities of the said town, and shall have resided thirty days within the limits

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of the said corporation, and no other persons, shall be qualified to vote at any election for officers of said town. Electors. Sec. 7. Be it further enacted, That in case of a vacancy in any of the offices an election, as prescribed in the preceding section, may be held after ten days' written notice is given by the person or persons highest in authority in said council, and the person or persons elected at an election to fill a vacancy shall hold till their successors are elected and qualified. Vacancies. Sec. 8. Be it further enacted, That two tally sheets shall be made out and certified by the managers, one to be turned over to the mayor and the other retained by them. The persons elected shall be notified of their election by the managers, and they shall, on the following Thursday next after the elections (or so soon thereafter as may be practicable), take the oath of office before some person authorized to administer it, which oath shall be in writing, and in the book of minutes of the council, which oath shall be as follows: I, A B, do solemnly swear, or affirm, that I will well and truly perform the duties of mayor, or alderman, of the town of Argyle by adopting such measures as in my judgment will be best calculated to promote the general welfare of the inhabitants of said town, and not violative of the spirit and intent of its Act of incorporation, so help me God. They shall then forthwith enter upon their duties. Oath. Sec. 9. Be it further enacted, That there shall be a marshal for said town of Argyle, and that he shall be elected by the council, and shall receive compensation as the council shall designate and fix. They may either arrange for his compensation at a salary, which shall not exceed twenty-five dollars per month, or by fees, which fees shall not exceed those that sheriffs receive for like services. Marshal. Sec. 10. Be it further enacted, That the council shall elect a clerk and a treasurer for said town and council thereof, which may be of their own number, or from other citizens of said town. They shall have power to fix their compensation; provided, that the pay of the treasurer shall not exceed more than five per cent. of the receipts and disbursements of the funds for said corporation, and that the clerk shall not receive more than fifteen cents per hundred words for any writing that he may be required to do. Clerk and treasurer. Sec. 11. Be it further enacted, That the council shall have power, and it shall be their duty, to require bonds of the marshal and treasurer for a strict performance of their duties; to fix the amount of such bonds and approve the same. Bonds of marshal and treasurer. Sec. 12. Be it further enacted, That said mayor and council

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shall have full power and authority to assess, levy and collect such taxes, not exceeding fifty per cent. on the State tax, upon all and every species of property, both real and personal, within the limits of said town, [Illegible Text] church and school property, at its market value, once in each year, and the time of collecting and assessing same shall be fixed by ordinance of the council; also to levy and collect such special tax on trades, business occupations, theatrical exhibitions or other performances exercised, performed or carried on within the corporate limits of said town, including circuses and shows of all kinds, itinerant traders, peddlers, auctioneers, and all other traders, games or occupations subject to special tax under the State law, as they may deem proper. For the purpose of enforcing the payment or collection of the taxes above enumerated the mayor and council may prescribe such rules and regulations, and impose such penalties for a violation of the same, as they may deem necessary, not inconsistent with the Constitution and laws of the State; and the mayor of said town is hereby vested with authority to issue executions for such fines and taxes as may become due said town, and the marshal may proceed to collect the same by levy and sale. In case of levy on personal property after ten days' advertisement at the court house door, in said town, and in case of levy on real estate by return to the sheriff of said county of Clinch, who shall advertise and sell in the same manner as prescribed by State law for levies made on real estate and returned by constables. Taxes. Sec. 13. Be it further enacted, That the mayor and council shall have power and authority to open, change or abolish streets in said town as the public interest may require, and shall keep in good order the streets and sidewalks of said town; and may require and compel all persons residing in said town who may be subject by law to road duty to work on the streets and sidewalks of said town, not to exceed five days in each year, but may receive in lieu thereof a commutation fee from such persons, not to exceed three dollars a year; and the mayor of said town shall have the same power and authority to punish defaulters as the road commissioners of this State now have, or may hereafter have; provided, no defaulter shall have the right to relieve himself of any fine or penalty imposed for his failure to perform street duty after being returned as such defaulter without the consent of the mayor. Streets. Sec. 14. Be it further enacted, That said mayor and council shall have full power and authority to enact and enforce all ordinances, by-laws, rules and regulations necessary for the good government of said town, and securing and promoting the health

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thereof, not repugnant to the Constitution and the laws of the State. They may prohibit the running at large in said town, and regulate the running at large, of any horse, mule, cattle, hogs, dogs or other animals or fowls, and prescribe penalties therefor; protect places of divine worship; to provide places for the burial of the dead, and to regulate interments therein; to make regulations to guard against danger or damage by fire; to abate nuisances; to protect the public health, and to protect and promote the peace and good order of said town. General powers. Sec. 15. Be it further enacted, That the mayor shall hold a police court in said town at any time for the trial and punishment of all violators of the ordinances, by-laws, rules and regulations of said town, and shall keep a docket upon which he shall plainly enter all cases and judgments tried or rendered by them, the punishment inflicted not to exceed a fine of twenty-five dollars, or imprisonment in the guard house or labor on the public streets or works of said town not to exceed thirty days, and in addition thereto the cost of the proceedings. It shall be the duty of said mayor to act as a presiding officer of the council when in session, and look after the promotion of the peace and good order of said town, and the enforcement of the by-laws and ordinances thereof. Police court. Sec. 16. Be it further enacted, That the council shall have power to fix their own salaries and that of the mayor, and the mayor's salary shall not exceed fifty dollars per annum, and the councilmen or aldermen's salaries shall not exceed twenty-five dollars per annum apiece. Salaries. 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. Repealing clause. Approved Nov. 18, 1901. ASHBURN, TOWN OF, PUBLIC SCHOOL FOR. No. 374. An Act to establish a system of public schools in and for the town of Ashburn, Worth county, Georgia; to create a board of school commissioners for said town; to authorize the State School Commissioner of said State to pay or turn over to said commissioners such part of the State and county 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 the authority of the same,

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That there shall be established and maintained, and conducted and supported, a system of public schools, as in the manner hereinafter provided, in and for the town of Ashburn, Worth county, Georgia. Ashburn, town of, public school system for. Sec. 2. Be it further enacted by the authority aforesaid, That the mayor and council of the said town of Ashburn, Worth county, Georgia, shall order an election for the purpose of submitting this Act to the qualified voters of the said town, of which election notice shall be given by publishing the same in a newspaper published in said town, for two weeks, or by posting same in three conspicuous places in the said town for ten days, which notice shall state the date of election, the place of holding the same, when polls shall open and close, and the purpose briefly, which election shall be held in the same manner and under the same rules and regulations as elections for mayor and council of said town. The qualifications of voters shall be the same, and the returns shall be made and the result declared in the same manner as at such elections. At said election those in favor of public schools shall have written or printed on their ballots the words, For public schools, and those opposed to public schools the words, Against public schools. 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 become operative. If it shall appear from the result of said election that said election shall be against public schools the mayor and council of said town may, in their discretion, by giving notice as herein provided for, submit this Act, as herein provided, at the next or any subsequent election for mayor and council of said town, until public schools are adopted, when this Act shall become operative. Election. Sec. 3. Be it further enacted by the authority aforesaid, That should the election hereinbefore provided for result in the adoption of this Act, the following persons are named and empowered to act in all capacities as school commissioners of said town until they shall be succeeded in the manner hereinafter provided: The said persons being J. S. Shingler, J. S. Betts, J. W. Evans, J. Lawrence, T. H. Thrasher, W. A. Murray, Z. Bass, L. O. Futch, D. H. Davis, W. A. Story, G. W. Cooper, G. S. Evans, F. W. Tyler, J. H. Allen, W. J. Turner, M. B. Rayford; and it is further enacted by the authority aforesaid, that as soon after the adoption of this Act as the mayor and council may, in their discretion, consider practicable, the said mayor and council, by giving notice as hereinbefore provided, shall order an election in order that there may be elected by the qualified voters of the said town, as hereinbefore provided, seven persons, who shall constitute a board of school commissioners for said town, said election to be held and

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the result to be declared in the same manner as elections for mayor and council of said town. Said board shall begin to hold office from the first day of July, 1902, and shall succeed said persons hereinbefore mentioned. Said board of commissioners, for terms as follows, shall hold office: Two of said commissioners for three years, two for two years, and three for one year, persons holding said terms to be decided upon by lot, and their successors in office shall hold office for terms of the same length as those commissioners whom they shall succeed. It is further enacted by the said authority, that all other elections than that election herein named shall be held at the same time and in the same manner as elections for mayor and council of said town. It is further enacted by the authority aforesaid, that five shall be a quorum of said board, and all vacancies occurring between regular elections of members of said board shall be filled by the board itself. School commissioners. Sec. 4. Be it further enacted by the authority aforesaid, That said board of school commissioners shall, as soon as practicable after their election, organize by electing a chairman and a vice chairman, secretary and treasurer, from among their own number, which officers shall thereafter be elected annually. The chairman of said board shall be the executive officer of the same. The secretary of said board shall keep a full and complete record of all proceedings of said board, and shall receive such compensation as said board may allow. The treasurer of said board shall receive, disburse and keep an accurate account of all funds of said system as said board may direct; shall give bond to said board as said board may require, both as to amount and security, and shall receive such compensation as said board may allow. No member of said board shall receive compensation for his services as such. Chairman, secretary and treasurer. Sec. 5. Be it further enacted by the authority aforesaid, That all books of said board, its officers and others in its employ, shall be open to the public. Sec. 6. 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 for the government, their respective officers, the various officers, teachers and pupils of 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 fix their salaries. Government of schools. Sec. 7. Be it further enacted by the authority aforesaid, That

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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 Ashburn, nor have any voice or authority in the management of the schools established herein; the exclusive control and management of the same to be vested in the said board of school commissioners of the said town, and it shall not be lawful for the said county board of education to establish and maintain any school or schools within two miles of the corporate boundaries of the said town. Other schools. Sec. 8. Be it further enacted by the authority aforesaid, That at least one school for white children and one school for colored children shall be established and maintained under the provisions of this Act, for not less than five months and not more than ten months. No white child shall be admitted to any colored school, and no colored child shall be admitted to any white school. All children who are entitled to the benefit of the public fund under the laws of this State, and who are bona fide residents of said town, shall be admitted to the aforesaid schools upon payment of such incidental and matriculation fees as the said board may impose. Children not resident within said limts and who are entitled to the public school fund under the laws of this State shall be admitted under such rules and regulations as 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 pupil to the said school, or may expel them from the same at any time, if in their judgment it would be detrimental to the moral or general welfare of the pupils thereof to allow them to be or remain therein. Separate schools for white and colored. Sec. 9. Be it further enacted by the authority aforesaid, That all property used by the said board to establish and conduct said system of schools shall be under their exclusive control. Property, control of. Sec. 10. Be it further enacted by the authority aforesaid, That the State School Commissioner of Georgia shall pay over to the said board of school commissioners of the town of Ashburn the pro rata of the State and county school fund to which said town is entitled, according to the number of children of school age residing within the corporate limits of said town, increased by the number of children of school age residing without the corporate limits of said town who attend said school. For each child of school age residing within the corporate limits of the said town of Ashburn, and for each child of school age residing without the corporate limits of said town, but attending said system of public

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schools herein provided for, the said board of school commissioners of the town of Ashburn is entitled to receive, for each year, that amount apportioned from the State fund for each child of school age residing in the county of Worth. The amounts to be paid shall be paid at such time as the teachers of the counties are paid, and when paid shall be expended by said board for the support and maintenance of said system of schools. Pro rata share of State school fund. Approved Dec. 17, 1901. ATHENS, DISPENSARY, PROFITS OF, HOW APPLIED. No. 285. An Act to amend an Act approved August 31, 1891, establishing a dispensary of liquors in Athens, Georgia, by providing that hereafter all net profits derived from said dispensary, which, under the present law, go to, or are payable to Clarke county, shall be paid over by the mayor and council of the city of Athens to the board of education of Clarke county, the same to be expended by said board for educational purposes, in the rural districts only, of said county. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act approved August 31, 1891, establishing a dispensary of liquors in Athens, Georgia, be, and is, hereby amended by providing and directing that, from and after the passage of this Act, all net profits derived from said dispensary, which, under the present law, go to, or are payable to, Clarke county, shall be paid over by the mayor and council and treasurer of the city of Athens to the board of education of Clarke county, the same to be expended by said board for educational purposes, in the rural districts only, of said county. Athens, dispensary, profits of. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 11, 1901.

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ATLANTA, CHARTER OF AMENDED. No. 391. An Act to amend an Act establishing a new charter for the city of Atlanta, approved Feb. 28, 1874, and the several Acts amendatory thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That the board of health of said city of Atlanta shall be composed of a number corresponding to the number of wards in said city, except that the mayor shall be ex-officio a member of said board, and the chairman of the committee of the general council to which is referred matters relating to this department, shall also be ex-officio a member of the said board. The other members shall be elected by the general council, one to be selected from each ward in the city of Atlanta, and at no time shall two residents of the same ward be eligible or permitted to serve on said board at the same time; provided, however, that this Act shall not interfere with the present term of any official now serving on said board, but appropriate ordinance shall be adopted to carry this into effect as the present terms expire. Atlanta. board of health. Sec. 2. Be it further enacted by the authority aforesaid, That the mayor and general council, or board of water commissioners, or other officers of said city of Atlanta, shall have no authority or power to sell, exchange or lease for a term longer than five years the property now belonging to the city of Atlanta, known as Lakewood, or the old waterworks property, same being the property on which is located the old water reservoir, to the south of the city of Atlanta; and any official voting therefor shall be deemed guilty of having violated his duty, and subject to impeachment and removal from office. Lakewood. Sec. 3. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 19, 1901.

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ATLANTA, CHARTER OF AMENDED. No. 255. An Act to amend an Act establishing a new charter for the city of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, so as to authorize and provide as follows: That said city shall have no power or authority to sell or alien any of the old waterworks property, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act establishing a new charter for the city of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be, and the same are, hereby amended as follows, to wit: Section 1. That from and after the passage of this Act the mayor and general council, or board of water commissioners, or other officers of the city of Atlanta, shall have no authority or power to sell, exchange, farm out, lease out or in any way alien the property, easements, income or other equipment, privileges or assets belonging and appertaining to its system of waterworks; and all contracts, negotiations, grants, leases or other forms of transfer in violation of this Act are declared void and of no effect, as against said city, and any official voting therefor shall be deemed guilty of violating his duty and subject to impeachment and removal from office therefor; provided, however, the provisions of this section shall not apply to the sale, exchange or alienation of such articles of equipments of said waterworks plant as are worn out or useless, or which for the betterment of the service can be advantageously substituted by new or improved machinery or equipment. Atlanta, Waterworks, sale of prohibited. Sec. 2. Be it further enacted by the authority aforesaid, That each of the seven wards of the city of Atlanta shall be entitled to an alderman selected from the residents of the respective wards, and that a resident of one ward shall be ineligible to represent another ward in the board of aldermen, and in order to carry this Act into effect the number of aldermen of the city of Atlanta shall be increased from six to seven, and as the wards from one to six inclusive have now each an alderman in the board of aldermen, at the approaching city election in December, 1901, an additional alderman shall be selected from the seventh ward to serve for the same term and with the same rights, and subject to the same rules and penalties, as the aldermen now serving. Aldermen.

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Sec. 3. Be it further enacted by the authority aforesaid, That the mayor and general council of the city of Atlanta shall have no authority or power to grant, consent to, or permit the extension, removal or change of the term for which franchises have been or may be granted, or in any way to extend or renew the time for which permission has been or may be given to occupy the streets and public places, except and only during the twelve months immediately preceding the expiration of the term of such franchises and permits; and all extensions and renewals made in violation of this Act shall be void. Street franchises Sec. 4. Be it further enacted by the authority aforesaid, That the mayor and general council of the city of Atlanta be, and they are, hereby authoried and empowered to create the office of recorder pro tem., to fix his term of office, prescribe his duties and provide for his compensation. Said officer shall be qualified to serve as recorder during the absence or disability of the recorder. This amendment shall in nowise interfere with or repeal the authority heretofore vested in the mayor, mayor pro tem., aldermen and councilmen to preside in the recorder's court, but said general council shall, by ordinance, provide a method of selecting one to preside in the recorder's court when necessary from those qualified under the charter and amendments thereto governing said city. The clerk of the recorder's court shall be eligible to fill the position of recorder pro tem., but when said clerk is selected therefor he shall serve without additional compensation. Recorder pro tem. Sec. 5. Be it further enacted by the authority aforesaid, That the charter of the city of Atlanta be amended as follows: That power is hereby given the mayor and general council to control, regulate and in its discretion prohibit the erection and maintenance of sanitariums, boarding houses, and other similar places in residence portions of the city; and that any ordinances heretofore adopted by the said mayor and general council in relation to the above subject matters are hereby ratified and validated. Sanitariums, etc. Sec. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 2, 1901.

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AUGUSTA, CHARTER OF AMENDED. No. 233. An Act to amend the charter of the city of Augusta. 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 city council of Augusta shall be, and is, hereby authorized to determine, through itself or agent, the proper street numbers of all houses in Augusta; to require all unnumbered houses to be numbered in accordance with the numbers furnished by it; to require all erroneous numbers to be removed and to be replaced by correct numbers. Augusta, street numbers. Sec. 2. Be it further enacted, That all such numbering or renumbering shall be done by the owner of the houses so numbered or renumbered, or by said city council, or its agent, at the expense of such owner. The cost of numbering or renumbering when done by said city council, or its agent, may be collected by execution issued and collected in the same way as tax executions. Cost of numbering. Sec. 3. Be it further enacted, That said the city council of Augusta shall have full power and authority to adopt such ordinances as may be necessary to effectuate the purpose of this Act. How enforced. Sec. 4. Be it further enacted, That all laws or parts thereof in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Nov. 26, 1901. AUGUSTA, CHARTER OF AMENDED. No. 317. An Act to amend the charter of the city council of Augusta; to authorize said city council to assess property for public improvements to the extent of special benefits by reason thereof; to provide for the collection of such assessments, and for a hearing to determine the correctness 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, That from and after the passage of this Act the city council of Augusta shall have full power and authority to assess all real estate in front

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of which said the city council of Augusta shall lay water pipes of any size or dimensions, according to the full amount of special benefits that may or does accrue at the time of laying said pipes by way of increase of value, if any, to said abutting property by reason of the laying of such water pipes. Augusta, street improvements. Sec. 2. Be it further enacted by the authority aforesaid, That the city council of Augusta shall have a lien upon such abutting property for the amount of such special benefits, and shall be entitled to collect the same by execution, as for city taxes, said lien to date from the date of the ordinance making such assessments. Lien for. Sec. 3. Be it further enacted, That in the event any owner of such property so assessed shall dispute the amount of such special benefits he shall, upon the issuance and levy of such execution, be entitled to contest the same by affidavit of illegality filed with the proper executing officer upon tender to said city council of Augusta of so much of said assessment as he shall admit to be correct. And upon filing said affidavit of illegality with said officer, it shall be his duty to suspend all further proceedings on such execution and return the same to the next term of the superior court of Richmond county, and the true value of said special benefits shall be determined by a jury in said court at the first term thereof, as in other cases of illegality. Illegality. 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. Repealing clause. Approved Dec. 14, 1901. AUGUSTA, CHARTER OF AMENDED. No. 213. An Act to amend the charter of the city of Augusta. Section 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act whenever the city council of Augusta shall hereafter pave or repave, or cause to be paved or repaved, with brick, belgian block, asphalt, wooden blocks, macadam or other pavement, any street or streets, lanes and alleys in the city of Augusta, on which, at the time of said pavement or repavement, the track or tracks of any steam railroad, street railroad, or other railroad, is, or are, laid, the owner of such track or tracks shall be required to pay the entire cost of such pavement or repavement within said track or tracks, and for

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three (3) feet on each side thereof, or to pave or repave within said track or tracks, and for three feet on each side thereof, under the ordinances or directions of the city council of Augusta, or its officers. This Act shall not interfere with or affect the city's contract with the Augusta Railway and Electric Company referred to in the ordinance of February 5, 1901, or any legal contract which the city council of Augusta is a party to in reference to street pavement or repavement, nor shall the existence of any contract which prevents the enforcement of this Act against any owner of any track or tracks interfere with or prevent the enforcement hereof against any other owner of other track or tracks. Augusta, street improvements, cost of, how assessed. Sec. 2. Be it further enacted, That in the event of the owner of said track or tracks failing to pay for such pavement or repavement, or to pave or repave, as above required, upon such demand as may be provided by the ordinances or resolutions of the city council of Augusta, said city council shall have the right to issue execution in the same manner and by the same officers as tax executions are now issued, and to enforce the collection of the same as such tax executions are now enforced. How enforced. Sec. 3. Be it further enacted, That the city council of Augusta shall have full power and authority to provide by ordinance or resolution for the laying of said pavements and for the collection of the cost thereof, and all details and provisions that may be necessary. How authorized. Sec. 4. Be it further enacted, That the paying for such pavement or repavement, or the laying of such pavement or repavement by the owner of said track or tracks, shall in no way affect the right of such city council to collect the legal proportions of the remainder of the pavement or repavement of such street or streets, lanes or alleys as is authorized by law from the abutting property owners. Sec. 5. Be it further enacted, That whenever as much as two-thirds of the property abutting on any street or streets, lanes or alleys on which the track or tracks of any steam railroad, street railroad, or other railroad, are laid, shall belong to the owner or owners of such track or tracks, or to any person or corporation that uses such track or tracks, or whenever such land or lands may be held by anyone else, directly or indirectly, for the benefit of such owner or owners, so that the aggregate amount held directly or for the benefit of said owner or owners shall amount to two-thirds of the property abutting on said street or streets, lanes or alleys, then, and in that event, the city council of Augusta may require said street or streets, lanes or alleys, to be paved or repaved without

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the preliminary request from one-third of the property owners as is usually required. Request of property owners. Sec. 6. Be it further enacted, That the Act approved December 20, 1899, entitled An Act to amend the charter of the city of Augusta, shall not apply to the requirements authorized by this Act, but any owner or owners of such track or tracks shall have the right to contest the legality or accuracy of any execution issued for the payment of said pavement by filing an affidavit with the levying officer denying the legality or accuracy of said executions, and all such affidavits thus filed shall be returned to the superior court of Richmond county and the issue determined as in the cases of illegality, subject to all the pains and penalties provided in cases of illegality or delay. Illegality. Sec. 7. Be it further enacted, That all laws or parts of laws in conflict with this be, and the same are, hereby repealed. Repealing clause. Approved Nov. 20, 1901. BABCOCK, TOWN OF INCORPORATED. No. 323. An Act to incorporate the town of Babcock, in the county of Miller; to define the corporate limits thereof; to provide a municipal government for said town; to confer certain powers and privileges on the same; to establish a system of public schools for the said town of Babcock; to provide for the support and maintenance of said public school by taxation and otherwise; to create a board of education therefor; to authorize and require the State School Commissioner to pay to said board of education of said town of Babcock their pro rata share of the State school funds for children residing in said limits, and for other purposes; to also provide for the admission of children who are nonresidents of said town of Babcock into said school, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That the town of Babcock, in the county of Miller, be, and the same is, hereby incorporated as a town under the name of the town of Babcock. Babcock, town of, incorporated. Sec. 2. Be it further enacted, That the corporate limits of said town shall be as follows: Commencing at the office of the Babcock

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Brothers' Lumber Company, said office being in the county of Miller, and extending in every direction one-half mile. Corporate limits. Sec. 3. Be it further enacted, That the municipal government of said town shall consist of a mayor and four aldermen, who are hereby constituted a body corporate under the name and style of the mayor and council of the town of Babcock, and that name and style shall have perpetual succession and to do all acts relating to their corporate capacity; and shall be capable in law to purchase, hold, receive, enjoy and possess, to retain to them and their successors, for the sole use and benefit of the said town of Babcock, in perpetuity or for a term of years, any estate, real or personal, within the limits of said town, and to sell, exchange or lease the same in any way whatever. Mayor and aldermen. Sec. 4. Be it further enacted, That E. H. Taylor be, and he is, hereby appointed mayor, and E. H. Hammond, E. H. Pope, J. W. Shannon and Mose Patton are hereby appointed aldermen of said town of Babcock, to hold their offices until the first annual election, as hereinafter provided. Appointment. Sec. 5. Be it further enacted, That on the first Monday in January, 1903, and annually thereafter, there shall be held an election in said town for mayor and aldermen. The term of office for said mayor and aldermen shall be one year, or until their successors are elected. Said election shall be conducted in the same manner as elections for county officers in the State, and the certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the offices to which they have been elected. In case there is no justice of the peace residing in said town of Babcock, then the election may be held by any three disinterested persons. Election. Sec. 6. Be it further enacted, That the qualified voters of said town shall be all such persons as are qualified to vote for members of the General Assembly for said county, and who have been bona fide residents in said town for three months previous to the election whereat they shall offer to vote. Voters. Sec. 7. Be it further enacted, That said mayor and aldermen shall, before entering upon the duties of their respective offices, subscribe to the following oath, which may be administered by any officer in the State authorized to administer oaths: I do solemnly swear, or affirm, that I will faithfully discharge all the duties incumbent upon me as the mayor (or alderman) of the town of Babcock, according to the best of my ability, so help me God. Mayor and aldermen, oath. Sec. 8. Be it further enacted, That said mayor and aldermen shall have power and authority to elect a marshal, or any number,

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as they deem best, and a clerk, and to prescribe the duties of such officers, and to require of them such bonds as they deem necessary, but no salary whatever shall be paid to said mayor or the aldermen, but that they shall not be subject to any street tax or duty while holding their respective offices; that the mayor and aldermen shall fix the price to be paid the marshal of said town, and that the marshal shall act as tax receiver and tax collector. Marshal and clerk. Sec. 9. Be it further enacted, That said mayor and aldermen, or a majority of the aldermen in case a full body cannot be obtained, shall have the power to make and pass all ordinances, bylaws, rules and regulations that may seem necessary for the good government, peace, order and health of said town, and for the enforcement of all powers herein granted; provided, that they do not and are not in conflict and repugnant to the Constitution and laws of the State of Georgia, or of the United States. Municipal powers. Sec. 10. Be it further enacted, That said mayor and aldermen shall have power to levy a tax, not to exceed one-fourth of one per cent., on all property, real and personal, subject to the State tax within the corporate limits of said town, for the purpose of paying the expenses of the town and of the system of public schools hereinafter provided for, and the returns as made to the State and county tax receivers of Miller county shall be accepted as the correct assessment. The mayor and aldermen shall also have the power and authority to require all persons subject to road duty under the laws of Georgia to work on the streets and sidewalks of said town as often as they may deem it necessary, but those who are required to work the streets or sidewalks may be relieved of same upon the payment of such commutation tax as the mayor and aldermen shall prescribe. That the marshal of said town shall be required to summon all persons within the corporate limits to said town to work the streets and sidewalks, and that all notice or summons necessary shall be by word of mouth. Taxes. Sec. 11. Be it further enacted, That said mayor and aldermen shall have the power to provide for the arrest, trial and punishment of offenders against any ordinance, by-law, rule or regulation of said town by fine, imprisonment or work on the streets of said town, and any one or more of these punishments may be ordered in the discretion of the mayor; provided, said fine shall not exceed one hundred dollars and such imprisonment shall not exceed six months. Police powers. Sec. 12. Be it further enacted, That said mayor and aldermen shall have power to elect a mayor pro tem., who shall perform all the duties of the mayor when from any cause the mayor cannot be present to execute the duties of his office, or fill said office of

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mayor in case he is disqualified by reason of relationship, or any other cause, to preside; also fill any vacancy that may occur in the office of mayor or aldermen, or any subordinate office of said town. Mayor pro tem. Sec. 13. Be it further enacted, That said mayor and aldermen shall have the power to provide by ordinance for the collection of all taxes, moneys and fines due said town by execution to be issued by the mayor and executed by the marshal thereof. Taxes and fines, how collected. Sec. 14. Be it further enacted, That the mayor, or the mayor pro tem., shall have the power to compel the attendance of witnesses, to examine them under oath, to admit any offender to bail, or commit him to the guard house or county jail for the violation of the ordinances of said town. And in case the mayor, or the mayor pro tem., while in the investigation of a case, discovers that the offender has violated the laws of Georgia, then in that event he shall bind him over to a court in Miller county having jurisdiction to try him. Police court. Sec. 15. Be it further enacted, That the mayor and council shall be forever prohibited from granting license in any form to any person for the sale of spirituous, vinous or other intoxicating liquors within said corporation of Babcock. Sale of liquor prohibited. Sec. 16. Be it further enacted, That the mayor of said town shall be the chief executive officer; he shall see that the ordinances, by-laws, rules and regulations of the council are faithfully executed; he 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 cost imposed by him, or he may require the immediate payment thereof, and in default of such immediate payment he may imprison the offender in the guard-house of said town, or in the county jail of Miller county, not exceeding six months, and said offender, while not confined in the guard-house or county jail of Miller county, shall be compelled to work on the streets or sidewalks of said town of Babcock. Mayor, powers of. Sec. 17. Be it further enacted, That said mayor and aldermen shall have authority 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 time to time as the 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 attend a white school in said town of Babcock. The mayor and aldermen also have the authority 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 for

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the control and government of said school as they deem proper, and to do all lawful acts conducive to the proper and successful operation of said school system. The mayor and aldermen shall also have the power and authority to prescribe or name the entrance fee into each of said schools, and to prohibit the entrance into said schools by such child or children, whether they be residents of said town of Babcock or not, who may refuse to pay the same. Public schools. Sec. 18. 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 fund, and said State School Commissioner shall pay over to the said mayor and aldermen such proportion of said educational fund as said pupils are entitled to under the rules of distribution. Pro rata share of State school fund Sec. 19. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 14, 1901. BAINBRIDGE MADE A CITY. No. 219. An Act to incorporate the municipality of Bainbridge, in Decatur county, as one of the cities of this State. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the municipality of Bainbridge, in Decatur county, is hereby incorporated as, and expressly declared to be, one of the cities of this State. Bainbridge made a city. Sec. 2. Be it further enacted, That the corporate name of said city shall be the city of Bainbridge. Corporate name. 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. Repealing clause. Approved Nov. 20, 1901.

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BAINBRIDGE, NEW CHARTER FOR. No. 325. An Act to create a new charter for the city of Bainbridge, 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 municipality of Bainbridge, in Decatur county, is hereby incorporated as, and declared to be, one of the cities of this State. Bainbridge, city of incorporated. Sec. 2. Be it further enacted, That the municipal government of said city of Bainbridge shall be vested in a mayor and six aldermen, who are hereby constituted a body corporate under the name and style of The City of Bainbridge, and by that name and style shall have perpetual succession, shall have a common seal, and be capable in law and in equity to purchase, have and hold, receive and enjoy, possess and retain to them and their successors, for the use of the city of Bainbridge, any estate or estates, real or personal, of whatsoever kind or nature, and shall, by the said name of The City of Bainbridge, be capable to sue and be sued, plead and be impleaded, in any court of law or equity in this State, and shall succeed to all the rights and liabilities of the present corporation of the city of Bainbridge. Mayor and aldermen. Sec. 3. Be it further enacted, That the corporate limits of the city of Bainbridge shall be, and remain, as now fixed by law; provided, however, that it shall rest within the discretion of the mayor and aldermen to at any time call an election for the incorporation of any contiguous territory as a part of said city, whenever as many as twenty-five resident freeholders and owners of said territory shall petition the said mayor and aldermen therefor, which said election shall be held as the said mayor and aldermen may by ordinance prescribe, and all the qualified voters in said territory sought to be so incorporated shall be eligible to vote thereat, and if a majority of the votes cast in said election be in favor of incorporation, said territory shall be declared duly incorporated as a part of the city of Bainbridge. Corporate limits. Sec. 4. Be it further enacted, That on the first Wednesday in January, 1902, there shall be held in said city an election for a mayor and six aldermen for said city, who shall hold office for the term of two years, and until their successors are elected and qualified.

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Elections shall be held every two years after the one herein provided for, and all officers elected thereat shall hold office for said term of two years, and until their successors are elected and qualified. The mayor and aldermen in office under the present city government shall continue to serve under this Act until the end of the terms for which they were respectively elected. Elections. Sec. 5. Be it further enacted, That this Act shall not be construed as destroying and ending the powers hitherto conferred upon the municipality of Bainbridge by the General Assembly, but all such powers, rights, duties, and privileges heretofore conferred, and which are not inconsistent with what is herein enacted, are hereby conferred upon the said the city of Bainbridge. Municipal powers heretofore granted confirmed. Sec. 6. Be it further enacted, That the laws now of force prescribing the qualifications of voters in election in said city, the registration of voters therein, and the manner of holding and conducting elections in said city, are hereby re-enacted, and made applicable to the said the city of Bainbridge. Voters. Sec. 7. Be it further enacted, That all laws of force in regard to the public schools of said city are hereby re-enacted, and made applicable to the said the city of Bainbridge, together with such changes and additions as are herein made. Schools. Sec. 8. Be it further enacted, That the ordinances of the corporation of the city of Bainbridge now of force shall be, and are, hereby made the ordinances of the city of Bainbridge, and shall be enforcible as such until changed or repealed by the mayor and aldermen of said city. Ordirances. Sec. 9. Be it further enacted, That the aldermen of said city shall elect from their number a mayor pro tem., who shall have the same authority in all matters as is given the mayor, whenever the mayor, for any reason, cannot or will not act. Mayor pro tem. Sec. 10. Be it further enacted, That the persons elected as mayor and aldermen shall attend on the first Monday after the election, at the council chamber, for the purpose of qualifying and taking the oath of office. The mayor and each alderman so elected shall take and subscribe before some officer authorized to administer the same the following oath: I, A B, do solemnly swear that I will well and truly perform the duties of mayor (or alderman, as the case may be) by adopting such measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of the city of Bainbridge, and the common interest thereof, so help me God. They shall then immediately enter upon the discharge of the duties of their respective offices. Oath. Sec. 11. Be it further enacted, That in case of vacancy among the members of the board of aldermen, either by death, resignation,

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failure to elect, removal from office, removal from the city, or for any other reason, the board of aldermen shall themselves elect some qualified citizen of said city to fill said vacancy, and the person receiving a majority of the votes of said board of aldermen shall be declared elected, and the mayor shall vote in case of tie. In case of the death of the mayor, his resignation, removal from office, removal from the city, or if for any other reason said office should become vacant, the board of aldermen shall order an election by the qualified voters of said city to fill the vacancy, in which case ten days' notice of the date of said election shall be given in some public gazette of said city. Vacancies Sec. 12. Be it further enacted, That no person shall be eligible as mayor unless he be of the age of twenty-one years and shall have been a resident of said city at least two years immediately preceding the election, and that no person shall be eligible as alderman unless he be at least twenty-one years of age and shall have been a resident of said city at least one year immediately preceding the election. Qualifications. Sec. 13. Be it further enacted, That the mayor and aldermen shall constitute the legislative department of the city government. The mayor shall be the presiding officer of said legislative department and the chief executive officer of the city. It shall be the duty of the mayor to see that the laws of the State and the ordinances of the city are faithfully executed within the limits of the territory over which the city government extends. He shall keep the board of aldermen advised from time to time of the general condition of the city, and shall recommend such measures as he may deem necessary or expedient for the welfare thereof. He may call the board of aldermen together at any time when deemed necessary by him. The mayor, when presiding over the legislative department of the city government, shall only vote in case of a tie. Mayor and aldermen, powers and duties. Sec. 14. Be it further enacted, That the salary of the mayor shall be prescribed by ordinance, and shall not be increased or diminished during his term of office. Salary of Mayor. Sec. 15. Be it further enacted, That in case the mayor, or any alderman, while in office, shall be guilty of any malpractice, any wilful neglect in office, or abuse of the powers confided to him, he shall be subject to be indicted in the superior court of Decatur county, and no conviction shall be fined in a sum not exceeding one hundred dollars, and shall be removed from office. The said fine may be collected by execution, and shall be paid to the city treasurer for the use of the city. Malpractice, etc.

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Sec. 16. Be it further enacted, That the following municipal officers shall be elected by the mayor and aldermen at the first meeting after the regular city election, to wit: A chief of police, city clerk, treasurer, and chief of fire department. These officers shall be elected for the term of two years, and until their successors are elected and qualified, and shall perform such duties and receive such compensation as may be prescribed by ordinance. Municipal officers. Sec. 17. Be it further enacted, That the mayor and aldermen shall also have power to elect such other officers and agents as may be deemed necessary for the good government of said city, and as may be authorized by the ordinances of said city, and to prescribe the duties and fix the compensation of said officers and agents. Officers and agents. Sec. 18. Be it further enacted, That all officers and agents elected by the mayor and aldermen shall be at all times subject to the jurisdiction of the same, and amenable to their discipline, who shall have power to suspend, fine, or remove any of said officers by a majority vote, but the mayor, for good cause, may suspend any officer or agent until the next meeting of the board of aldermen thereafter. Sec. 19. Be it further enacted, That the mayor and aldermen may require such oath from the officers and agents of said city, and such bond to indemnify the city from loss by reason of their default, as may by ordinance be prescribed. Bonds of officers. Sec. 20. Be it further enacted, That the mayor shall be the presiding officer in the police court of said city, and shall have the power to try all offenders against the laws and ordinances of said city, and to inflict such penalties as may be prescribed therefor. Said court shall have the power to punish for contempt in a sum not to exceed fifty dollars, or imprisonment not to exceed thirty days, either or both, in its discretion, and shall have the power to enforce the same by execution and attachment. The presiding officer of said court shall have the power to bind over any defendant on trial before him who shall appear by the evidence to be guilty of a State offense. In case of the absence or disability of the mayor, or in case of a vacancy in said office, the mayor pro tem., or in his absence any member of the council shall preside. The mayor and aldermen of the city shall have power to prescribe the rules of procedure in said police court and to fix the costs therein. Police court. Sec. 21. Be it further enacted, That the said city of Bainbridge shall have the following powers: (1) To assess and collect an ad valorem tax upon all property,

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both real and personal, within the limits of said city, not to exceed the constitutional limit; to levy and collect a specific or occupation tax on all business occupations, professions, callings, or trades exercised within the city, as may be deemed just and proper; to fix a license on theatrical exhibitions, circuses, and shows of all kinds, on the sale of spirituous, malt, or intoxicating liquors, on drays and hacks, hotels, boarding-houses, restaurants, fish stands, billiard, pool, and other kinds of tables, ten-pin and bowling alleys, butcher shops, livery stables, auctioneers, and upon all other classes or kinds of business legitimately coming within the police power of the city. Taxes. (2) To provide by ordinance for the return, or assessment, or both, of all real and personal property for taxation, at its true cash market value and no more, to double tax defaulters, to prescribe the time or times at which same shall be due, and shall have the power to enforce the same by an execution issued by the clerk, directed to the chief of police, and bearing test in the name of the mayor, and sales thereunder shall be had as prescribed in sections 732, 733, 734 and 735 of the Political Code of 1895. Tax returns and assessments. (3) To provide by ordinance for the registration of all business occupations that are subject to a specific or license tax, and the time when same shall be due; to provide penalties for engaging in same without first registering and paying the tax, and shall have the power, in their discretion, to enforce the collection of same by execution, as in the previous section provided. Registration of business. (4) To levy and collect a street tax upon each male inhabitant of the city between the ages of sixteen and fifty years, inclusive; provided, such tax shall not exceed the sum of $3.00 per annum for each person, and such person may satisfy the same by working six days on the streets under the direction of the municipal authorities. In case of failure so to work, or to pay such tax, said city may enforce the same by execution or by compulsory labor on the streets, at its discretion. Street tax. (5) To try all nuisances within the city, and to abate the same; to define what shall constitute a nuisance; to cause any nuisance likely to endanger the health of the city or any part thereof to be abated in a summary manner; to charge the expenses for abating the same against the person causing the nuisance, or the owner of the premises on which the same exists, and to enforce the collection of the same by execution. Nuisances. (6) To regulate butcher-pens, butcher-shops, tan yards, livery stables, fish stands, restaurants, or any other business in which decaying animal or vegetable matter, or in which noxious odors may

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become dangerous and injurious, or offensive to the public, or any part thereof; to license same only in such localities as may be least offensive to the public, and to revoke the license of same when they prove dangerous or injurious as aforesaid. Sanitary powers. (7) To regulate and control blasksmith shops, forges and all stoves and chimneys, and to cause same to be moved or remedied as safety from fire may dictate; to create fire limits, to enlarge the same from time to time, and to prescribe the material out of which buildings shall be constructed therein; to regulate the construction of doors in places of public gatherings, and to require the erection of fire escapes in all buildings, not private residences, three or more stories in height. Fire limits (8) To regulate and control all hotels and public houses within the city. Hotels and public houses. (9) To take up and impound dogs, horses, mules, cattle, or hogs running at large, and to pass such ordinances as may be deemed necessary for the regulation of stock and other animals within the city. Stock running at large. (10) To require owners of lots to drain the same; to fill up excavations or depressions; to drain cellars and cisterns, and fill up same if necessary, and upon failure to do so after reasonable notice, to have same done at owner's expense, and enforce collection of the amount so expended by an execution against said property on which said work was done. Drainage. (11) To regulate all vehicles of every kind or character used in the city for profit in the transportation of passengers, freights, or both; to provide for the inspection of same and to fix the rates of fare and carriage thereon. Transportation. (12) To have the exclusive regulation and control of barrooms and saloons; to fix the license to be required of same in their discretion; to refuse a license to same, and to revoke the license of same when it shall become proper or necessary in their judgment. Sale of liquor. (13) To lay of, vacate, close, open, and alter streets and alleys in the city; to prohibit any one from opening or laying out any new street or alley; to regulate the width of sidewalks, and to pave, repave, or repair the pavement of same at the expense of the owners of real estate adjoining, enforcing the payment of said cost by execution against said adjoining property and against the owner of same, which shall be issued and levied as executions for taxes, and sales thereunder, and all the incidents of purchase and redemption shall be the same as if said sale was had for taxes; also to lay off and construct cross-walks, drains and gutters, and to keep the same in good order and repair. Streets.

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(14) To grade, pave, macadamize, or otherwise improve for travel or drainage, any of the streets of the city, or any portion of a street. Streets. (15) To construct or extend sewers in any of the streets or alleys of said city, or any of the territory thereof; to assess such part of the cost of same on the real estate abutting on the street or alley in which same may be extended, according to frontage, as may be just and reasonable, and to enforce the payment of same by execution against the abutting real estate, and the owner thereof in the same manner as an execution for taxes. Sewers. (16) To grant encroachments upon the streets or alleys of the city on such terms and in such manner as may be by ordinance prescribed. Encroachments on streets. (17) To remove, or cause to be removed, all obstructions upon the streets, alleys, or sidewalks of the city; to require all persons before building upon or improving any real estate to make application to the mayor and aldermen for a permit, the application for permit showing the kind and character of structure or improvement to be made. Building permits. (18) To punish for vagrancy committed within the limits of said city. Vagrancy. (19) To regulate all machinery, including stationary and locomotive engines, within the city, and to make all such needful rules and regulations for same as will guard the citizens, or any portion thereof, against annoyance by unnecessary volumes of smoke and disagreeable and unnecessary noises. Machinery (20) To establish markets and regulate the same; fix the hours of sale therein; prohibit the sale of marketable commodities elsewhere within the city, and pass all ordinances that may be deemed necessary and proper to control and regulate marketing within the city. Markets. (21) To organize a chain-gang, and to put at compulsory labor thereon all persons convicted of violating any of the ordinances of the city. Chain-gang. (22) To institute all sanitary measures necessary to the preservation of the public health, and likewise for the prevention of and generation of infectious and contagious diseases. They shall likewise exercise absolute power over the subject of quarantine, personal or otherwise, penalties for the violation of which shall be fixed by ordinance. Sanitation (23) To prohibit the renting or keeping any house as a bawdy house, disorderly house, or house of ill fame, and to prescribe penalties for a violation of said prohibition. Bawdy houses.

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(24) To own, use, and operate for municipal purposes, and for profit, a system of water-works and electric lights; to make rules and regulations regarding the use of the same by the public, and to provide by ordinance for the punishment of those who illegally use said water or light. Water-works and electric lights. (25) To pass all ordinances that may be deemed requisite and proper to the peace, security, welfare, health, and convenience of the city or its inhabitants. General welfare. (26) To punish for a violation of an ordinance of said city in a sum not to exceed two hundred dollars, or imprisonment, or compulsory labor on the public works, not to exceed three months, and any one or more of these punishments, in the discretion of the court. Penalties, (27) In addition to the powers herein enumerated, and the powers which have heretofore been conferred upon said municipality and which are not in conflict with those herein granted, the said city shall have all additional power which may be necessary for the good government of said city, the welfare of its citizens, and which can constitutionally be conferred upon said city. General welfare. Sec. 22. Be it further enacted, That said mayor and aldermen shall have power to condemn unsafe public buildings; to prescribe what are public buildings; to prescribe the method of procedure to be followed in exercising said power of condemnation, and are hereby granted every power necessary to be exercised for said purpose. Condemnation. Sec. 23. Be it further enacted, That said mayor and aldermen shall have the power to condemn, for corporate purposes, all classes of property, whether private, public, or quasi public; to fix the method of procedure in exercising such power, and to pay such damages to the owner of said property as may be just and reasonable. Condemnation. Sec. 24. Be it further enacted, That neither the mayor nor any alderman shall be interested in any contract made with the city during his term of office. Contracts. Sec. 25. Be it further enacted, That the 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. Sales for taxes. Sec. 26. Be it further enacted, That the mayor and aldermen of said city shall have the power and authority to adopt a code of ordinances, and to amend and repeal the same, or any part thereof. Ordinances. Sec. 27. Be it further enacted, That said mayor and aldermen

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shall not grant any exclusive public franchise to any person or corporation. Franchises Sec. 28. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 16, 1901. BALDWIN, TOWN OF, CHARTER AMENDED. No. 349. An Act to amend an Act of the General Assembly, approved December 17, 1896, incorporating the town of Baldwin, in the counties of Habersham and Banks; to provide for the levy and collection of taxes, regulation of licenses and special taxes; regulate street work; to provide for fire limits, sanitary conditions, correction of nuisances, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the charter of the town of Baldwin, in the counties of Banks and Habersham, shall be so amended as to authorize the mayor and council to levy and collect a tax not exceeding one-half of one per cent. upon all the property, both real and personal, within the corporate limits of said town, and in addition thereto to levy a tax not exceeding three-tenths of one per cent as a street tax upon all property, both real and personal, within the corporate limits, and said mayor and council shall also have power to require all persons within said corporate limits who are subject to road duties under the laws of this State, to work on the streets of said town for as many days as they may think necessary, not exceeding the days required under the general road law of the State. Said street work to be in addition to the street tax above provided for, or in addition thereto, as the mayor and council shall by ordinance provide. Baldwin, town of. Taxes. Sec. 2. And be it enacted by the authority aforesaid, That said mayor and council shall be authorized to pass and enforce an ordinance looking to the collection of the city taxes, by authorizing the clerk of the council to issue tax fi. fas. against the property and persons of all defaulting and delinquent taxpayers, and to authorize them by ordinance to empower the marshal of said city to levy upon and sell any and all property, both real and personal, for its

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taxes or its owner's taxes, and to authorize said marshal to sell said real estate before the door of the city hall in Baldwin, Georgia, after he has advertised the same for sale in a paper published in the city of Baldwin, if there be one, and if not, in the paper in which the sheriff's advertisements in said county are published, once a week for four consecutive weeks prior to said sale, and after having given the property owners the same notice of levy as is required of the sheriff when he makes a levy upon real estate, and to authorize said marshal, as aforesaid, to execute deeds to the purchaser of said real estate at his sales, as aforesaid, and by ordinance to provide for the sale of personal property levied upon for taxes. How collected. Sec. 3. Be it further enacted, That the mayor and council of said town shall have power and authority to license and regulate and levy a special tax on all circuses, shows, or performances of any character; also to license, regulate, and levy a special tax on all places of public amusement, billiards, or pool tables, ten-pin alleys, shooting galleries, or places of like character; also to levy a special tax on livery stables, auctioneers, itinerant traders, peddlers, and such vocations as they deem necessary, except such as are prohibited by the laws of the State. Special taxes. Sec. 4. Be it further enacted, That the mayor and council shall have authority to condemn property to improve the streets; to improve the streets already laid out; to make such new streets as may be required. Streets. Sec. 5. Be it enacted by the authority aforesaid, That the mayor and council shall have authority to require property owners to build and construct sidewalks along, by, and in front of their property, and provide for the style of same and the class of work, and in the event of the failure of the property owners to construct said sidewalks when notified to do so, then the mayor and council is authorized to build the same and to have the clerk issue a fi. fa. against the person and property for the cost of the same, and the marshal shall have the right to levy upon and sell the property under the same rules as under a tax fi. fa. Sidewalks. Sec. 6. Be it further enacted, That said mayor and council shall be empowered to pass all necessary ordinances regulating the sanitary arrangements of said town; to provide for quarantine in time of contagious diseases or danger therefrom. Sanitation Sec. 7. Be it further enacted by the authority aforesaid, That said mayor and council shall have power to remove or abate any nuisance in said town, whether on the streets or elsewhere, under such rules and in such manner as they prescribe by ordinance. And they shall be empowered to prevent and regulate the running at

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large of stock, horses, mules, cattle, hogs, sheep, or goats, poultry, etc., and to provide for impounding the same. Nuisances. Sec. 8. Be it enacted by the authority aforesaid, That the mayor and council of said town of Baldwin shall be vested with the power to protect its citizens from dangerous buildings, walls or houses in said city by empowering them by ordinances to require the property owners to repair or tear the same down, and upon their failure to do so, the said mayor and council may condemn the same and tear it down. Dangerous structures Sec. 9. Be it enacted by the authority aforesaid, That said mayor and council of said town of Baldwin shall be authorized by proper ordinances to provide for a fire limit in said town, and to regulate the character of buildings built within the same; to prohibit the construction of buildings that would increase the risk of fire, and to prohibit the carrying on of any business or vocation within said limit as would tend to increase the danger of fire and be authorized to enforce said provision by proper penalties and ordinances. Fire limits. Sec. 10. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 16, 1901. BARNESVILLE, DISPENSARY, ACT CREATING AMENDED. No. 427. An Act to amend an Act approved December 18, 1900, providing for the establishment and maintenance of a dispensary in the city of Barnesville, Pike county, Georgia, by amending the sixth section of said Act so as to provide that the prices of liquors, etc., shall be fixed by the dispensary commissioners, and not limited to twenty-five per cent. (25%) on original cost; by amending the second section of said Act so as to provide that said commissioners shall be elected by the qualified voters of the city of Barnesville; and by amending the eighth section of said Act so as to provide that the minimum quantity to be sold at any one time shall be one-half () pint instead of one (1) pint. 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 second section of the Act of the General Assembly, approved

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December 18, 1900, providing for the establishment and maintenance of a dispensary in the city of Barnesville, Pike county, Georgia, for the sale of spirituous, vinous, malt or other intoxicating liquors, and providing regulations for said dispensary, etc., be, and the same is, hereby amended so as to read as follows, to wit: Section 2. Be it further enacted, That the qualified voters of the city of Barnesville shall elect three citizens, freeholders of said city, to be commissioners of the dispensary established by this Act, to hold office for three years, or until their successors are elected and qualified; the elections to be held at the same time with the general municipal elections for mayor and aldermen of said city, and under the same laws and regulations as now or may be hereafter fixed by law; one to be elected each year, respectively, for the term of three years as aforesaid, to succeed the dispensary commissioners now in office, and to go into office each year, and be sworn in at the same time with the municipal officers of said city. The respective terms of the present commissioners are hereby extended until their successors are elected and qualified. The commissioners of said dispensary, 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 the power to sue and be sued, contract and be contracted with, plead and be 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 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 said dispensary, and shall have all the other rights, powers and privileges conferred upon it by this Act, as well as those common to corporations generally under the laws of this State. Should a vacancy at any time occur on said commission by death or resignation tendered to and accepted by the mayor and council of said city, by impeachment and removal, or otherwise, said mayor and council shall at once order an election to fill said vacancy or vacancies under the general laws and regulations governing such elections in said city, and shall cause ten days' notice to be given of such election in some newspaper of a general circulation in said city. Any member of said commission may be impeached before said mayor and council and removed by them upon a two-thirds vote, for misfeasance or malfeasance, or any other dereliction of duty at any time, upon charges preferred against him and ten days' notice given him of the trial. Barnesville. Dispensaray commissioners Sec. 2. Be it further enacted, That the following words in the

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seventh line of section 6 of said Act, to wit, Not to exceed twenty-five per cent. (25%) on original cost, be stricken out, so that said section when thus amended shall read as follows, to wit: Sec. 6. 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 he is hereby authorized so to do. The price at which liquors, wines, etc., shall be sold shall be fixed by said commission. The manager shall make a quarterly 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, liquor, etc., or any part of the same, whenever they see proper, by a competent chemist, the expense to be paid out of any funds in the hands of the treasurer. Sales from dispensary. Sec. 3. Be it further enacted, That section 8 of said Act be amended so as to provide that the minimum quantity of liquors, etc., sold to any one person at any one time from said dispensary shall not be less than one-half pint, by striking out the expression one pint in the sixth line of said section, substituting one-half pint in lieu thereof, so that the manager of said dispensary shall be, and he is hereby, authorized to sell as small an amount as one-half pint of liquors, etc., at a time from said dispensary, and such sales are hereby declared to be lawful. Minimum quantity of liquor sold. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Repealing clause. Approved Dec. 18, 1901. BARNESVILLE, DISPENSARY, ACT CREATING AMENDED. No. 386. An Act to amend an 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, etc., approved December 18, 1900, so as to provide a permanent salary for said commission, and to provide for a quarterly instead of monthly report. 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 section 12 (12) of said Act be stricken out and the following substituted: Sec. 12. Be it further enacted, That the dispensary commissioners shall be paid for their services the sum of one hundred and fifty ($150.00) dollars each per annum, and the treasurer shall be paid the sum of seventy-five ($75.00) dollars additional, as extra compensation for the special duties imposed on him by this Act, such compensation to be computed from December 1, 1901. Barnesville. Dispensary commissioners and treasurer, salary of, Sec. 2. Be it further enacted, That section 14 of said Act be amended by striking out the word monthly in the second line thereof, and susbtituting the word quarterly, so that said section when so amended shall provide for quarterly instead of monthly reports, as now provided for. Reports, Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 17, 1901. BARTOW, TOWN OF, CHARTER AMENDED. No. 339. An Act to amend an Act entitled an Act to incorporate the town of Bartow, in the county of Jefferson; to grant certain powers and privileges to the same, and for other purposes, which Act incorporates said town so as to change the corporate limits of said town, so far as the south and west boundaries are concerned, 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 south and west boundaries of the town of Bartow, in the county of Jefferson, State of Georgia, are hereby changed so as to make the south and west boundaries of said town not to extend beyond what is known as the Williamson swamp, located near said town on the south and west side thereof. The other boundaries of said town to remain as now provided by the Act of the Legislature passed in 1887, and approved Sept. 20 of said year. Bartow, town of. Corporate limits. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 16, 1901.

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BAXLEY, CITY OF, CHARTER AMENDED. No. 348. An Act entitled an Act to amend an Act approved Dec. 22, 1896, amending the charter of the city of Baxley, approved February 23, 1875, so as to authorize the mayor and council of the city of Baxley to levy and collect a tax not to exceed one-half of one per centum on all property of said city for waterworks purposes, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That on and after the passage of this Act section 18 of the Act approved December 22, 1896, amending the charter of the city of Baxley, be, and the same is, hereby amended by striking out of the third line of said section the words one-fourth of one per centum, and by inserting in lieu of said words the following words, to wit: One-half of one per centum, so that said section when so amended shall read as follows: Sec. 18. Be it further enacted, That the mayor and council shall have authority, in addition to the ad valorem tax hereinbefore provided for, to levy a tax, not to exceed one-half of one per centum, on all property, real and personal, for the purpose of constructing waterworks in said town. They shall have authority to use the streets for the purpose of laying pipes and erecting such structures as may be necessary to properly equip the same. They shall also have authority to condemn any property necessary in erecting waterworks or laying the pipes necessary to distribute the same. Baxley. Tax for waterworks. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 16, 1901.

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BLUFFTON, TOWN OF, CHARTER AMENDED. No. 388. An Act to amend the charter of the town of Bluffton, in the county of Clay, and for other purposes. Be it enacted by the General Assembly of Georgia, That the charter of the town of Bluffton, in the county of Clay, in said State, as created in the Act approved October 24, 1887, entitled An Act to incorporate the town of Bluffton, in the county of Clay, and State of Georgia; to appoint a council for the same, and for other purposes, be amended in the following respects: Be it enacted that section (4) four of the above recited law, which section relates to the election of a presiding officer of the council, shall be changed by striking the words chairman of the council from the fourth line of said section and inserting in lieu thereof the word mayor, so that said section when so amended shall read as follows: It is further enacted by the authority aforesaid, That the town council shall, after its first meeting after their election and qualification, elect from their own members a presiding officer, who shall be styled mayor, and appoint a clerk and marshal, who shall hold their office during the pleasure of the council. Be it enacted, That said Act and said charter shall further be amended by adding thereto the following additional sections and provisions and changes, and that wherever what is hereinafter contained shall conflict with what is contained in said charter dated October 24, 1887, this Act shall be the law, and the provisions of said Act of October 24, 1887, so far as are in conflict with the provisions herein enacted, shall be to that extent repealed. Bluffton, town of. Mayor and council. Sec. 9. The mayor or any councilmen 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. Malpractice, etc. Sec. 10. Should the first day of January in any year come on Sunday, then the election for councilmen of said town shall be held on Monday following. All elections in said town shall be held between the hours of nine in the morning and three in the afternoon,

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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. Elections. Sec. 11. The city council may, at their discretion, provide by ordinance for the registration of voters at elections in said town. 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 anyone to vote whose name is not on the list of registered voters furnished us for this election, if a list be furnished us. Registration of voters. Election managers. Sec. 12. The 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 council shall select a clerk and marshal, and shall prescribe their duties and compensation, and such other regulations as they deem necessary. Town officers. Sec. 13. The council each year before the annual election for mayor may 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 council may prescribe by ordinance a bill of costs and fees to be charged by officers of said city, and may provide for the disposition of such cost and fees. Salary of mayor. Costs and fees. Sec. 14. Power is hereby conferred upon the mayor, mayor pro tempore, and clerk of council, respectively, to administer any oath or affidavit in relation to any matter connected with the affairs of the town government of Bluffton. Sec. 15. The police court of the town of Bluffton may be held at any place in said town, and at any time except Sunday. It may be held by the mayor, or mayor pro tempore, under such regulations as the council may adopt. The officers presiding in said police court shall have authority to punish persons convicted therein of violating the ordinances of said town by fine not exceeding one hundred dollars, by imprisonment in such place as the town 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 imprisonments. Labor in the chain gang or on the streets, not exceeding one hundred days, may be allowed as an alternative to fine or imprisonment. Sentence may be commutative. Contempt in said court may be punished in like manner. The council may suppress cruelty to animals, gaming, the running of blind tigers, lewd

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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. 16. 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 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 town 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 council hearing the appeal. Certiorari. Sec. 17. The town 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 are confirmed and made binding hereafter. The council 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 nature. They may regulate the same 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 by the owner or person erecting them. They may require the removal of awnings at their discretion. Franchises Sec. 18. There is hereby established a system of public schools for the town of Bluffton. The same shall be under the control of a board of five members known as the Bluffton school board, and shall no longer be under the management and control of the county board of education of Clay county. The Bluffton school board shall be elected as follows: The present trustees of the Bluffton high school, viz., P. H. Thompson, C. P. Norton, W. T. Hammock, J. J. Hayes and J. E. Mansfield, shall serve in that capacity until January first, 1903, and until their successors are elected. On the third Friday in December, 1902, there shall be elected by the freeholders residing within the limits of said town, hereafter described as the school limits, successors to the present trustees, to serve on said board. The term of office of the members so elected shall begin January 1, 1903. Two members shall be elected for one year, two for two years, and one for three years from Jan. 1, 1903. Annually thereafter on the third Friday in December of each year successors to those whose term will expire on the first day of January immediately succeeding shall be elected at a meeting

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of the freeholders residing within the limits aforesaid. After the first election herein provided for, all other elections, except to fill vacancies for unexpired terms, shall be for three years. Members of the board shall serve until other successors are elected. The place at which the meeting of the freeholders shall be held for the purpose of electing members of said school board shall be fixed by the school board at the time serving. Ten days' notice of the place where such meeting will be held shall be given by posting a notice at the postoffice in said town, and if no notice be posted, and if no place be fixed, then the meeting may be held on the date for election in the building in which the chief white school of the said town of Bluffton shall be taught. If the meeting is not held at the time and place mentioned it may be held at a subsequent time, after ten days' public notice, upon the call of the Bluffton school board, or upon the call of five freeholders residing within said school limits. The term freeholder herein shall include women. The election of the trustees shall take place at such meeting and under the direction of the school board then in office, and may be by ballot or viva voce, as those present qualified to vote shall decide. The corporate limits of the town of Bluffton, for the purpose of this section, shall include the territory within the following boundaries: Beginning on a line between Clay and Early counties, at the southwest corner of lot of land number (133) one hundred and thirty-three, in the fifth district of Clay county, and running due north to Colomokee creek; thence along the line of said creek to the north line of lot of land number (46) forty-six of said district; thence east to the northeast corner of lot of land number six (6); thence south to the southeast corner of lot of land number (9) nine; thence east to the northeast corner of lot of land number (383) three hundred and eighty-three; thence south to the northwest corner of lot of land number (363) three hundred and sixty-three; thence east to the Calhoun county line; thence south on the Calhoun county line to Early county line; thence west on the Early county line to the point of beginning, all lying in the fifth district of Clay county, Georgia. The jurisdiction of said Bluffton school board, for the purposes of this section, shall extend over said territory, which said territory is referred to in this Act by the words school limits. The Bluffton school board 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 board shall be known as city school commissioner. The term of office

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of said commissioner shall be as fixed by the board. The board 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 school limits of Bluffton 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 board. The members of the board 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 said school limits shall be eligible to be a member of the board of education. No person shall be ineligible to election as commissioner of schools by being a member of said board, a member of the council or county school commissioner. The board 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. Any persons or trustees may sell or deed said board of education property for school purposes. The 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 said board shall cause a census to be made of all children between the ages of six and eighteen years residing within the school limits of Bluffton. There shall be paid to the commissioner of schools of Bluffton the pro rata share of all funds for educational purposes from any source coming to Clay county, in proportion as the number of children of school age within said school limits of Bluffton shall be to the entire school population of Clay county, and on and after December 31, 1901, the State School Commissioner shall so divide and pay the school funds coming to the children of Clay 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 town and shall be entitled to have their share of the school funds paid over to the commissioner of Bluffton 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 the Bluffton school commissioner. Public schools. Sec. 19. The council may adopt a code of ordinances, and may amend and repeal the same, or any part of the same. Ordinances. Sec. 20. The enumeration of powers contained in this Act shall

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not be considered as restrictive, but the town of Bluffton 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 council may prescribe 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. General powers. Approved Dec. 18, 1901. CALHOUN, TOWN OF, CHARTER AMENDED. No. 199. An Act to amend, change and repeal the charter of the town of Calhoun, in the county of Gordon, so far as the same relates to the election and term of office of mayor and aldermen; to change the term of office of mayor from one to two years; to change the term of office and manner of electing aldermen, so that, at the first election, two will be elected for one year and two for two years and two annually thereafter; to change the time of holding the election of mayor and aldermen from the first Saturday in January to the first Monday in December; to authorize the mayor and aldermen to provide for the registration of voters prior to elections in the town of Calhoun, and to make all needful laws or ordinances for the same; to require the mayor and aldermen to publish quarterly statements of moneys received and paid out. 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 time for holding the election of mayor and aldermen of the town of Calhoun, in Gordon county, be, and the same is, hereby changed from the first Saturday in January of each year to the first Monday in December. Calhoun, mayor and aldermen, election of Sec. 2. Be it further enacted by the authority aforesaid, That at the first election held under this Act, on the first Monday in

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December, 1901, the mayor of said town of Calhoun shall be elected for a term of two years; that thereafter the term of office of mayor of said town shall be for and during the term of two years, instead of one year, as now provided by the charter of said town, and that the election for mayor of said town be held every two years on the first Monday in December. Term of mayor. Sec. 3. Be it further enacted by the authority aforesaid, That at the election aforesaid, on the first Monday in December, 1901, four aldermen shall be elected, two for the term of one year and two for the term of two years, the terms respectively to be determined by lot at time of organization, and that annually, on the first Monday in December, in each year thereafter, there shall be two aldermen elected for said town, who shall hold their office for the term of two years. The terms of office of mayor and aldermen elected under this Act to begin on first Wednesday in January following their election, or as soon thereafter as they may qualify. Of aldermen. Sec. 4. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town shall have power to provide for the registration of voters, prior to any municipal election in said town, to make all needful laws and regulations for the same, and require that no person be permitted to vote unless registered; provided, however, that the books of registration shall always be opened at least sixty days immediately preceding any election which may be held in said town, and be closed ten days before such election. Registration of voters. Sec. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Nov. 15, 1901. CALHOUN, TOWN OF, CHARTER AMENDED. No. 236. An Act to amend an Act entitled an Act to establish a new charter for the town of Calhoun, in Gordon county, approved December 13, 1895, 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 seventeen (17) of the above recited Act be, and the same is, hereby amended as follows: Strike out in the sixth line thereof the

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words one-half and insert in lieu thereof the words six and one-half tenths. Add after the word State in the fifth line of said section the words, for ordinary expenses, and for payment of interest on the bonded debt of said town. They may also levy and collect, out of the property aforesaid, an additional tax, not to exceed one-tenth of one per cent., which shall be set aside as a sinking fund, to be invested under direction of the mayor and aldermen in such securities, or at such interest, as they may deem safe, for the payment of the principal of the bonded debt of said town as the same shall become due. In all cases the order levying taxes shall be recorded in the minutes of the board, and shall specify for which of the purposes aforesaid it is levied, and how much for each purpose, so that said section when amended shall read as follows: Calhoun. Sec. 17. Be it further enacted, That the mayor and aldermen shall have power and authority to levy and collect an ad valorem tax, not to exceed six and one-half tenths of one per cent., on all taxable property within the corporate limits of said town, made taxable by the laws of this State, for the ordinary expenses of the government of said town, and for the payment of the interest on the bonded debt of said town. They may also levy and collect, out of the property aforesaid, an ad valorem tax, not to exceed onetenth of one per cent., which shall be set aside as a sinking fund, to be invested under direction of the mayor and aldermen in such securities or at such interest as they may deem safe, for the payment of the principal of the bonded debt of said town as the same shall become due. In all cases the order levying taxes shall be recorded in the minutes of the board, and shall specify for which of the purposes aforesaid it is levied, and how much for each purpose. The mayor and aldermen shall have power and authority to prescribe by ordinances the time, place, manner and rules and regulations for making returns by the tax payers of said town of their property for taxation, and any tax payer of said town who shall fail to return his property for taxation in the manner and at the time prescribed by the ordinances of the mayor and aldermen shall be subject to pay double tax on all his property not returned, as in the case of collection of State tax, and such double tax may be collected by execution as other taxes. It shall be the duty of the mayor and aldermen to closely scan all returns made, and if, in their judgment, any party or parties should fail to return their property at its true value, then the said mayor and aldermen shall have power to raise said valuation (or returns) to such figures as they may deem just and proper; provided, however, that

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the mayor, through the clerk of the board, shall give written notice to such persons who have made unsatisfactory returns to appear before the mayor and board of aldermen on such day as said mayor may deem best, to show cause why his or their return should not be raised as above. Taxes. Sec. 2. Be it further enacted, That section twenty-five of aforesaid Act be, and the same is, amended by adding after the word town in the twelfth line of said section the following: Also on all telegraph, telephone and express companies doing business or having an office in said town, so that said section as amended will read as follows: Sec. 25. Be it further enacted, That said mayor and aldermen shall have power and authority to levy and collect a specific tax of not exceeding ten dollars per annum on all life and accident insurance companies having an agency in said town; also all fire and marine insurance companies having an agency in said town; also all building and loan associations having an agency in said town, or upon any and all transient agents doing business in any of said lines; also upon all persons engaged in hauling for hire with any cart, dray, wagon, hack, omnibus, or other conveyances within said town of Calhoun; also all itinerant traders or peddlers who may deal in articles or commodities which may come in competition with the established business of said town; also on all telegraph, telephone and express companies doing business or having an office in said town. Said mayor and aldermen shall provide by ordinance the time, rules and regulations under which said specific tax shall be paid, and also the amount of same. Said tax may be collected by execution and levy, as in other cases. 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. Repealing clause. Approved Nov. 27, 1901.

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CALHOUN, TOWN OF, CHARTER AMENDED. No. 283. An Act to amend the charter of the town of Calhoun, Georgia, so as to include within the territory of said town the Chastain addition to the town of Calhoun, and all other property within the limits described below, viz: To start at the original limit on the north side of Calhoun, in the center of the Western Atlantic Railroad, and extend the line sixty rods north in the center of said railroad; thence east to the west land line of Prof. Neal's peach orchard; thence in a southerly direction along said land line to the corporate limits of Calhoun. 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 town of Calhoun shall be extended so as to include within the territory of said town, running sixty rods north, including the east half of the Western Atlantic Railroad right-of-way; thence east to the west line of Prof. Neal's peach orchard; thence in a southerly direction along said line to the corporate limits including the Chastain addition, and all other property within the above described lines. Calhoun, corporate limits. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Repealing clause. Approved Dec. 11, 1901. CALHOUN, TOWN OF, INSTITUTE TRANSFERRED TO. No. 337. An Act to authorize the trustees of the Calhoun Institute to transfer said property to the mayor and aldermen of the town of Calhoun. 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 trustees of the Calhoun Institute be, and they are, hereby authorized to transfer the property of said institute to the mayor and aldermen of the town of Calhoun, and their successors, for the purpose of erecting a building thereon for school purposes and

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conducting a public school for said town. Said property described as follows: All that tract or parcel of land situated, lying and being in the Chandler survey of the town of Calhoun, Gordon county, and known and distinguished as lot No. 25, containing one acre more or less; also all that tract or parcel of land lying and being in the town of Calhoun, Gordon county, numbers not known, but bounded as follows: Commencing at the northwest corner of Mrs. N. E. Pitts' vacant lot on the south bank of the ditch running parallel with public street going to the pauper farm, sixty feet; thence east along the south line of the Calhoun Institute ground 196 feet; thence south along the line of Mrs. N. E. Pitts' lot 78 feet to the south bank of ditch; thence west along the south bank of said ditch 202 feet to the starting point. Calhoun. Public school property. Sec. 2. Be it further enacted, That all laws and parts thereof in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 16, 1901. CARNESVILLE, TOWN OF, CHARTER AMENDED. No. 300. An Act to amend an Act entitled an Act to amend an Act entitled an Act incorporating the town of Carnesville, in Franklin county, approved August 24, 1872, so that the municipal authorities of the said town shall be a mayor and four councilmen, and to provide for the election and succession of said officers, and to define their powers, duties and jurisdiction; to give them power over the streets, sidewalks, markets and cemetery; to protect persons and property; to provide a revenue for the town; to provide annual assessments, levy and collect taxes; to make and pass all needful ordinances, rules and regulations not contrary to the Constitution and laws of the State; to abate nuisances; to impose fines and improsinment; to collect fines by execution; to provide for and establish a street chain gang in which to work offenders against the laws and ordinances of said town, and for other purposes, approved Oct. 1, 1887, by striking from said Act the word town wherever it occurs and inserting in lieu thereof the word city, so that said place of Carnesville will be incorporated as a city and not as a 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 from and

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after the passage of this Act, an Act entitled an Act to amend an Act incorporating the town of Carnesville, in Franklin county, approved August 24, 1872, so that the municipal authorities of the said town shall be a mayor and four councilmen, and to provide for the election and succession of said officers, and to define their powers, duties and jurisdiction; to give them power over the streets, sidewalks, markets and cemetery; to protect persons and property; to provide a revenue for the town; to provide annual assessments, levy and collect taxes; to make and pass all needful ordinances, rules and regulations not contrary to the Constitution and laws of the State; to abate nuisances; to impose fines and imprisonments; to collect fines by execution; to provide for and establish a street chain gang in which to work offenders against the laws and ordinances of said town, and for other purposes, approved Oct. 1, 1887, be, and the same is, hereby amended by striking from said Act the word town wherever it occurs and inserting in lieu thereof the word city, so that said place of Carnesville will be incorporated as a city and not as a town. Carnesville, city of incorporated. Sec. 2. Be it further enacted, That the municipal government of Carnesville shall be conducted in the name and style of, and as, the city of Carnesville, and as such be liable to all its obligations and perform all its duties and functions. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 12, 1901. COLQUITT, TOWN OF, CHARTER REPEALED. No. 281. An Act to repeal an Act entitled an Act to incorporate the town of Colquitt, in the county of Miller, and State of Georgia, which Act was approved December 8, 1871, July 26, 1889, Oct. 16, 1889, and December 23, 1896. 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 Act entitled an Act to incorporate the town of Colquitt, in the county of Miller, and State of Georgia, and approved December 8, 1871, and July 26, 1889, and October 16, 1889, and December 23, 1896, be, and the same is, hereby repealed. Colquitt, town of. Charter repealed

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Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved Dec. 10, 1901. COLQUITT, TOWN OF INCORPORATED. No. 355. An Act to incorporate the town of Colquitt, in the county of Miller, State of Georgia, and to define its corporate limits, powers, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the town of Colquitt, in the county of Miller, be, and the same is, hereby incorporated as a town under the name of the town of Colquitt. The corporate limits to extend from the court-house in the said town one mile each direction, except west, in which direction they only extend to the foot of the bridge on the cast side of Spring creek at the turnpike at Colquitt. Colquitt, town of, incorporated. Sec. 2. Be it furtehr enacted, That the corporate powers of said town shall be vested in a mayor and four councilmen, and by the name of mayor and council of the town of Colquitt, they may sue and be sued, plead and be impleaded, and exercise all corporate powers that may be necessary in the performances of their duties. Mayor and councilmen. Sec. 3. Be it further enacted by the authority aforesaid, That R. W. Grow be, and he is, hereby appointed mayor, and C. C. Bush, J. R. Bush, F. E. Fudge, and M. R. Grider be, and they are, hereby appointed councilmen of said town, to hold their office until the first election as hereinafter provided, or until their successors are elected and qualified. Appointment. Sec. 4. Be it further enacted, That on the first Tuesday in January, 1902, and every year thereafter on the same day, an election shall be held in the town of Colquitt for mayor and four councilmen, 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 any municipal office, who are not eligible to vote for members of the General Assembly of Georgia, and have not resided in this town (Colquitt) six months immediately preceding the election. Said election shall be held and conducted in the same manner as elections for officers of the State, and the certificate of the managers

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of said elections shall be sufficient authority to the persons elected to enter upon their 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 from any cause whatever, the majority of the councilmen, or mayor, shall order a new election; notice of said election shall be given at least twenty days before said election is to come off, the same to be conducted as provided in this Act. Elections. Sec. 5. Be it further enacted, That before entering upon their duties, the mayor and councilmen shall take and subscribe to the following oath, which oath shall be administered by any person having authority to administer oaths, to wit: I do solemnly swear that I will faithfully perform all the duties devolving upon me as mayor, or councilman, of the town of Colquitt, Miller county, according to the best of my ability and understanding, so help me God. Oath. Sec. 6. Be it further enacted, That the mayor and council shall have power and authority to pass all laws and ordinances that they may deem necessary for the government of said town, and the protection of property from loss by fire or damage therein, and for the protection of lives and health of the citizens of said town; provided, that they do not come in conflict with the Constitution of this State, or the United States. General powers. Sec. 7. Be it further enacted, That the mayor and council shall have power and authority to levy and collect a tax of not exceeding one-tenth of 1 per cent. upon all property, both real and personal, within the corporate limits of said town. They shall also have the power to require all persons within said incorporation, who are subject to road duty under the laws of this State, to work the streets of said town, or they may prescribe a commutation tax which may be paid in lieu of the work upon the streets. Said mayor and council may have the power to enforce the payment of the taxes on real and personal property by execution issued by the clerk and signed by the councilmen, and the levy and sales of said property shall take place as in levy and sale of property liable to county and State 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. Taxes. Sec. 8. Be it further enacted, That the mayor and council of said town shall have the power to elect a marshal and clerk, the last of whom may, or may not, be of their number, and to fix the salaries of each. It shall be the duties of the marshal to see that all ordinances and by-laws of said town are carried out, and upon

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the failure upon his part to do so he shall be removed from office instantly and his successor appointed or elected by the mayor and council who removed him; they shall also elect a treasurer, the same man to act as clerk and treasurer, which clerk and treasurer may or may not be a member of their body, and they shall fix his salary, and said clerk and treasurer shall give a good and sufficient bond, said bond to be fixed and approved by the mayor and council of said town; the mayor and council shall have the same power and authority over the clerk and treasurer that they have over the marshal; said marshal and clerk and treasurer shall take and subscribe to the same oath that the sheriff, clerk and treasurer of the county now take. Marshal and clerk. Treasurer. Sec. 9. Be it further enacted, That the mayor of said town shall receive as his salary the sum of $50.00 per annum. The councilmen to act for no salary, except, shall be free from all street work. Salary. Sec. 10. Be it further enacted, That the mayor of said town, and in his absence the mayor pro tem. (who shall be elected by the council from their number), shall be chief executive officer; he shall have full power and control over the police of said town, and may appoint special police whenever he may deem it necessary, and it shall be his duty to see that the peace and good order of the town is preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous persons in the town; he shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and in the default of the immediate payment he may imprison the offender in the guard-house of said town, or work upon the streets of said town not exceeding thirty days. Mayor, powers of. Sec. 11. Be it further enacted, That the mayor and council shall tax all shows, auctioneers, sleight of hand performances, gift enterprises, pool and billiard tables, wheels of fortune, and other like enterprises; on all persons carrying drugs or patent medicines; provided, that general mercantile stores shall carry patent medicines under the head of general merchandise, but in nowise shall they be allowed to carry any drug that has any poisonous properties, and all persons doing a general mercantile business, and those carrying on a livery, feed and sale stables, and patent medicines, vendors, and all blacksmith and wood shops, soda water fountains, fruit stands, restaurant and bicycle dealers or repair shops, and all other like enterprises. They shall levy a tax as they may deem sufficient or necessary; provided, that none of the above does not

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come in conflict with the Constitution or by-laws of this State or the United States. Special taxes. Sec. 12. Be it further enacted, That the mayor and council of said town shall have the power to condemn lands for the purpose of opening new streets and widening out the old ones for the upbuilding of said town. Streets Sec. 13. Be it further enacted, That should any controversy arise between the mayor and council on the one hand and the property owners on the other, in regard to condemning the property as prescribed in the preceding section of this Act, that all such matters shall be left to arbitration as to damages, etc. Condemnation. Sec. 14. Be it further enacted, That the council shall have all the power to impeach the mayor or any member of their body, as well as the clerk, for neglect, incompetency, immoral conduct, or any other cause which may be deemed necessary for the well being and honor of said corporation, and in case of failure upon the part of any of the above named officers to perform their duties, a majority of said council shall demand said services to be done, and upon the refusal or neglect to do so, the offender shall be impeached, and (if the clerk, treasurer, or marshal) their bonds shall be sued at once for said failure. Mayor and councilmen removable. Sec. 15. Be it further enacted, That in no case shall more than one business be carried on or conducted in the same building or at the same place without each being taxed alike. Said corporate authorities shall have power and authority to regulate and control the sale of fresh meats, oysters, fish, etc. They shall have power to quarantine all suspicious diseases of an infectious or contagious nature, which might interfere with the health of said town; they shall have power also to reject any commodity of an unhealthy nature for sale within said corporation which might have a tendency to create or propagate disease of any kind. Police and sanitary powers. Sec. 16. Be it further enacted, That the mayor shall have power to bind over to courts of competent jurisdiction all persons found guilty of violating State laws. Police court. Sec. 17. Be it further enacted, That the mayor and council shall have the power and authority to regulate the sale of spirituous, vinous, or malt liquors in said town; provided, that they shall not license open barrooms under any consideration without a license of $300.00. Sale of liquor. Sec. 18. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 17, 1901.

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COMER, TOWN OF, PUBLIC SCHOOLS FOR. No. 368. An Act authorizing and empowering the town council of the town of Comer, Georgia, to create a debt for said town by issuing bonds not to exceed four thousand ($4,000.00) dollars for the purpose of erecting and furnishing a suitable school building for said town of Comer, and purchase a suitable site on which to erect the same; to provide for all payments of the principal and interest when due by levying a tax therefor; to provide for the selection of trustees to take charge of the same; also to provide for an election to ratify the provisions of this Act, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the same, That the councilmen of the town of Comer shall provide for an election to be held in said town of Comer for the adoption of the provisions of this Act; provided, the notice of the intention to hold said election has been given as required by section 377 of the Code of Georgia, 1895, volume 1. Said election shall be held and returns thereof made in the same manner as elections are held for councilmen of said town, and the qualifications of the voters at said election shall be the same as required by law for the election of councilmen for said town. All persons voting at said election shall have written or printed on their ballots the words for issuing bonds or the words against issuing bonds, and if it shall appear to the councilmen of said town that two-thirds of the qualified voters residing in said town have voted for issuing bonds, the said councilmen are hereby authorized to issue bonds, provide for the payment of the same upon the conditions, and for all purposes hereinafter provided. In case two-thirds of the qualified voters of said town do not vote for issuing bonds in any election held under this Act, an election may be held in said town by order of the councilmen of said town annually until the provision of this Act is adopted by the vote of two-thirds of the qualified voters of said town for issuing bonds. Comer, town of. Election for bonds. Sec. 2. Be it further enacted, That in the event the necessary majority of votes shall be cast at said election for issuing bonds for the purpose of enabling the councilmen of said town and their successors in office to purchase a site for, erect and complete a school building, and to equip and furnish the same with suitable

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furniture, apparatus, etc., the councilmen of said town are authorized to issue bonds upon the conditions aforesaid, not to exceed the amount of four thousand ($4,000.00) dollars, to run not to exceed twenty-five years, bearing interest not to exceed five per cent. per annum, the interest to be paid annually; said bonds to be in denominations as follows: One for five hundred ($500.00) dollars, to be due and payable in five years from its date; one for seven hundred ($700.00) dollars, to be due and payable ten (10) years from its date; one for eight hundred ($800.00) dollars, to be due and payable fifteen (15) years from its date; one for one thousand ($1,000.00) dollars, to be due and payable twenty (20) years from its date, and one for one thousand ($1,000.00) dollars, to be due and payable twenty-five (25) years from its date, all to have interest coupons attached, and the interest due on each bond to be due and payable annually at the rate of interest heretofore expressed. The said bonds shall be signed by the president of the councilmen of the said town of Comer, and countersigned by the treasurer of said town. The coupons attached to said bonds for each installment of interest shall be signed in the same manner and by the same parties as the bonds. The principal and interest shall become payable at maturity on presentation to the treasurer of said town. Said bonds when so issued shall not be sold for less than par. Bonds for school, how issued. Sec. 3. Be it further enacted, That the councilmen of said town be, and the same are, hereby authorized and required to levy and collect such tax upon the taxable property in said town as will be necessary to carry out the provisions of this Act. Tax. Sec. 4. Be it further enacted, That for the purpose of providing for the payment of the principal as well as the interest on the bonds so issued and negotiated, when the same may become due any payable, said councilmen may set apart from the fund received annually by taxation, as hereinbefore provided, a sufficient amount to meet the interest on said school bonds falling due, and to provide a sinking fund annually to meet the principal of said bonds as it becomes due and payable. Sinking fund. Sec. 5. Be it further enacted, That the title to said school property shall vest in the councilmen of the said town of Comer, and their successors in office. Title to school property. Sec. 6. Be it further enacted, That no sum raised under the provisions of this Act, except the sum set apart for the payment of the principal and interest on said bonds, shall be paid out by the town treasurer, except upon such claims for supplies or equipments, or for material, or for all work due on the same, or for

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purchasing a site whereon to build said building as have been audited by the councilmen of said town of Comer. Fund, how disbursed. Sec. 7. Be it further enacted, That the erection of said school building as aforesaid shall be under the direct supervision of the councilmen of said town of Comer, or a board of trustees selected by the councilmen, said board of trustees to make report to and be made answerable to said councilmen. School building, how erected. Sec. 8. Be it further enacted, That the board of trustees selected by the said councilmen of Comer shall be five (5) in number, and their office shall be perpetual, and all vacancies caused by death, resignation or otherwise, to be filled by said councilmen of the town of Comer, and said trustees shall be clothed with the power of looking after said school building, employing teachers, etc., as is usually conferred upon school trustees. School trustees. Sec. 9. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 17, 1901. COLUMBUS, CHARTER AMENDED. No. 265. 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, in their discretion, to restrict the original, or present width of the sidewalks, streets and avenues of said city, either by making a center driveway, with portions of such streets or avenues parked on either side of said center driveway or by parking the center of such streets and avenues and having a driveway on either side thereof, and to change the location of said sidewalks in such manner and under such restrictions as in their discretion may seem best; also to change the width of any such sidewalk, street or avenue, or the parked portion thereof, after it shall have been so parked, or otherwise; also to ratify and confirm the action of said mayor and board of aldermen in the change of the width of said sidewalks, streets and avenues, by parking, as may have been done heretofore by them; also to authorize said mayor and board of aldermen to designate such portion or width of any one or more of its sidewalks, streets or avenues that is to be used as the traveled highway and kept in repair by said authorities; also to authorize said authorities to establish the grade of any of its sidewalks, streets or avenues, and to change such grades at will, and for other purposes.

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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 an Act entitled 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, be, and the same is, hereby amended by adding thereto the following as additional sections thereto, to wit: Columbus, charter amended. Sec. 2. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said city of Columbus, Georgia, are hereby authorized and empowered, in their discretion, to restrict or narrow the original width, or the present width, of the sidewalks, streets or avenues of said city, either by making a center driveway with portions of such streets or avenues, parked on either side of such center driveway, or by parking the center of such streets and avenues and providing a driveway on either side thereof, in such manner and having the driveways and the parked portion of the streets or avenues of such width, and extending for such length, and using such material and providing such curbing, or barriers, as in their discretion may seem best, and to widen and change the location of sidewalks in their discretion. Streets. Sec. 3. Be it further enacted by the authority aforesaid, That said mayor and board of aldermen shall have the power and authority to change the width of any such street or avenue, or the parked portion thereof, after it shall have been so parked or otherwise. Streets. Sec. 4. Be it further enacted by the authority aforesaid, That said mayor and board of aldermen are hereby authorized to designate such portion of the width of any of its sidewalks, streets or avenues that is to be used as the traveled highway, and kept in repair by said authorities. Streets. Sec. 5. Be it further enacted by the authority aforesaid, That in carrying out the provisions of this Act the said mayor and board of aldermen shall have full power and authority to move, or cause to be moved, any and all trees, posts, poles, car tracks, hydrants, or other obstruction in such sidewalks, streets or avenues. Streets.

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Sec. 6. Be it further enacted by the authority aforesaid, That the action of said mayor and board of aldermen in heretofore changing the width of any of the sidewalks, streets or avenues of said city by parking, as by this Act provided, is hereby ratified and confirmed as fully as though such work had been done subsequent to the passage of this Act. Streets. Sec. 7. Be it further enacted by the authority aforesaid, That said mayor and board of aldermen are hereby authorized and empowered to establish the grade of its sidewalks, streets or avenues, and to change the same in their discretion, and in its discretion to change the width, number and location of sidewalks. Streets. Sec. 8. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 5, 1901. COLUMBUS, COMMONS, SALE OF. No. 202. An Act to authorize, ratify and confirm the sale of a part of the commons of the city of Columbus about the junction of Eleventh street and Seventh avenue, 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 commissioners of commons of the city of Columbus be, and they are, hereby authorized to sell at public or private sale that part of the commons of said city about the junction of Eleventh street and Seventh avenue, described as follows: Beginning at a point about one hundred and twenty-nine feet north of the southeast corner of commons block number twenty-eight, and ten feet from the center of the west track of the Central of Georgia Railway; thence south one hundred and twenty-nine feet, more or less, to the southeast corner of said block twenty-eight; thence southeasterly in a straight line one hundred and forty-one feet (141), more or less, to the northwest corner of commons block number thirty; thence north to the right-of-way of the Central of Georgia; thence northwesterly along said right-of-way to the point of beginning. Columbus, commons, sale of. Sec. 2. Be it further enacted, That any and all deed or deeds heretofore made by said commissioners to all or any part of said

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tract of land be, and the same is, hereby ratified and confirmed, and made valid and binding, and shall operate to pass good title to the purchaser. Former sales ratified. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Nov. 16, 1901. COLUMBUS, COMMONS, SALE OF. No. 205. An Act to authorize, ratify and confirm a sale by the commissioners of commons of the city of Columbus of the portion of Front street north of Fourteenth street and the adjoining commons, and a sale by the mayor and council of the city of Columbus of lands adjoining as part of commons and of Fourteenth street (formerly Franklin), and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That the commissioners of commons be, and they are, hereby authorized and empowered to sell at public or private sale the following tract of land, which includes a portion of Front street north of Fourteenth street and the adjoining commons, described as follows: Commence on the north line of city of Columbus, lot number thirty-five (35), extended west at a point thirty (30) feet from the northwest corner of said city lot number thirty-five (35), run due south along a straight line at every point thirty (30) feet from the west lines of city lots numbers thirty-five (35) and thirty-eight (38) a distance of two hundred and seventy-five (275) feet, more or less, to a point twenty-five (25) feet north of the north line of Fourteenth street; thence due west a distance of two hundred and thirty-five (235) feet, more or less, to a point which would lie on the present west property line of the Muscogee Manufacturing Company if extended north; thence northeasterly from said point in a straight line to a point one hundred and fifty (150) feet west from the beginning point; thence due east to the beginning point. Columbus, sale of commons. Sec. 2. Be it further enacted, That the conveyance of said described land heretofore made on July 30, 1901, by said commissioners be, and the same is, ratified and confirmed and made valid

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and binding, and shall operate to pass a good and sufficient title to the purchaser. Former sale ratified. Sec. 3. Be it further enacted, That a grant heretofore made, to wit, on the 15th day of June, 1844, by the mayor and council of the city of Columbus to Jonathan Bridges conveying to him a certain tract of land, being part street and part commons land, lying at the western terminus of now Fourteenth street (formerly Franklin street), in the city of Columbus, Ga., and on the east bank of the Chattahoochee river, said tract of land being described in said conveyance as follows, to wit: All of that tract or parcel of land situate, lying and being in the city of Columbus aforesaid, bounded on the south by water lot number one, on which a factory is now being built, east by Bay street, and running up the river north one hundred feet from said lot number one, and bounded west by line running one hundred feet north, commencing at the northwest corner of a rock pier built on lot number one, is confirmed and the title thereto is declared valid and binding in the said named grantee, and in the present and all intermediate holders of said described land. Grant to Jonathan Bridges confirmed. 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. Repealing clause. Approved Nov. 16, 1901. COLUMBUS, COMMISSIONERS OF COMMONS. No. 198. An Act to amend an Act vesting the title of the commons of the city of Columbus in commissioners, and for other purposes, approved February 18, 1873, and Acts amendatory thereof, so as to provide an official name for said commissioners, prescribe the method for conveyance of titles, and to authorize the adoption of rules and by-laws and a seal, and the appointment of officers, and to confirm the titles heretofore made by said commissioners, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That the above recited Act, and the Acts amendatory thereof, be so amended that hereafter said board shall be known as commissioners of commons of the city of Columbus. They shall have the power to adopt rules, regulations and by-laws for their government;

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designate their officers; elect or appoint the same; adopt and have a common seal, and pass title to land by a two-thirds vote of their members, and any acts of said named commissioners and their successors heretofore performed within the scope of this provision shall be as valid and binding as if performed subsequent to the passage of this Act, and any conveyance heretofore executed under the authority of said board, and by a two-thirds vote thereof, and signed by the president and secretary thereof, shall be valid and binding. Columbus, commissioners of commons, powers of. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Nov. 16, 1901. COOLIDGE, TOWN OF INCORPORATED. No. 280. An Act to incorporate the town of Coolidge, in the county of Thomas; to define the corporate limits thereof; to provide for a municipal government for said town; to confer certain powers and privileges on the same; to provide for a mayor and councilmen and other officers of said town, and to prescribe their duties; to provide for all matters of municipal concern and cognizance, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act the town of Coolidge, in the county of Thomas, be, and the same is, incorporated hereby as a town under the name of the town of Coolidge. The corporate powers of said town shall be vested in a mayor and six councilmen, and by the name of the mayor and council of the town of Coolidge. They may sue and be sued, plead and be impleaded, and exercise all other corporate powers that may be necessary in performing their duties, and by the same name they shall have a common seal, and be capable in law and equity to purchase, have, hold, receive and retain to them and their successors, for the use of the town of Coolidge, any estate, real or personal, of whatever kind or nature, and may sell, alien or lease any estate, real or personal, the property of or belonging to said corporation, or to convey the same, or any part thereof, in any manner or way whatever. Coolidge, town incorporated. Mayor and councilmen.

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Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall extend one-half mile in every direction from a center at the intersection of Arbutus avenue and the Tifton, Thomasville and Gulf Railroad, in said town of Coolidge. Corporate limits. Sec. 3. Be it further enacted by the authority aforesaid, That W. M. Miller be, and he is, hereby appointed mayor, and W. E. Barnes, George W. Kennedy, W. H. Crow, John Segler, H. Jones and F. J. Jordan be, and they are, hereby appointed councilmen of said town of Coolidge, to hold their offices until the first annual election, as hereinafter provided, and until their successors are elected and qualified. Mayor and councilmen, appointment Sec. 4. Be it further enacted by the authority aforesaid, That an election shall be held in said town on the second Monday in January, 1903, and annually thereafter, for a mayor and six 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 the justice of the peace of the district, G. M., and of three freeholders resident in said town. The polls shall be opened by eight o'clock a. m. and closed at five o'clock p. m. standard time. No one shall be entitled to vote in said election, or in any municipal election in said town, unless he is a duly registered voter of said town; said election to be conducted in all respects as elections for members of the General Assembly in said State, except that only two lists of voters and two talley sheets need be kept, and except as herein provided. Elections. Sec. 5. Be it further enacted by the authority aforesaid, That the secretary and treasurer of said town shall be ex-officio registrar of said town, and open his books for the registration of voters on the first Monday in November, 1902, and annually thereafter on the same day, and shall keep them open until six o'clock p. m. on the second Monday in December next thereafter, at his office in said town, every day, Sunday excepted, from nine o'clock a. m. until six o'clock p. m., and he shall register all male members who apply in person, but not by proxy, within the time prescribed, and who will take and subscribe the following oath, which oath said secretary and treasurer 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 this State for the past twelve months, and in the county of Thomas 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, except for this year;

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that you have never been convicted of a felony or larceny; that you have resided in the corporate limits of the town of Coolidge for the past six months, and have paid all taxes legally required of you, including street tax and any license tax, 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 shall 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 and provided; each person so registering shall give the street, block or other designation of his residence in said town, which shall be recorded along with his name in the book kept by the registrar for that purpose; that said registrar shall furnish the superintendent of election with at least two copies of said list. No candidate for any town office shall be eligible as a superintendent or manager of said election. Registration of voters. Sec. 6. 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 superintendent of such elections 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 Thomas 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 Thomas county within three days after said election, setting forth all the grounds for contest, and upon payment of a fee of ten dollars ($10.00) in advance, the ordinary of Thomas 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 said service the ordinary of Thomas 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. Election returns. Contest. Sec. 7. 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 vacancy in the board of councilmen the remaining members

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shall elect a citizen of said town to fill such vacancy for the unexpired term. Vacancies. Sec. 8. 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 Thomas county, and on conviction shall be imprisoned not exceeding sixty days, or pay a fine not exceeding one hundred dollars, which fine shall be paid 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, suspend, fine or remove from office, or suspend from pay and duty, any officer of said town elected or appointed by them. Malpractice. Sec. 9. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have power at any regular meeting to elect a clerk, a marshal, policeman, chain gang keeper and guards, a sexton or cemetery keeper, and such other officers as they shall deem necessary; to regulate the time, mode and manner of electing each and all of said officers; to fix their fees and salaries; to take their bonds and prescribe their powers and duties; they shall also have power to provide for the appointment of a health officer and a board of health, and to prescribe their powers and duties; they shall also have power to select a secretary and treasurer, who shall be one and the same person; fix his fees and salary, and take such bond as they shall deem proper. Officers. Sec. 10. Be it further enacted by the authority aforesaid, That 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 subject to State tax; 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 bank insurance, telegraph 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; or solicitors or canvassers selling goods, wares or merchandise, by sample at retail, or to customers; all said taxes (except tax on real and personal property, which shall be ad ralorem, 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 a trade or occupation, or canvassing, or offering for sale any of the articles above set forth; and the said mayor and councilmen

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shall provide by ordinance for the punishment of said parties required to take out license, who do, or attempt to do, any business before taking out license, and complying fully with all the requirements of said mayor and councilmen made with reference thereto. Taxes. Sec. 11. Be it further enacted by the authority aforesaid, That the said mayor and councilmen shall have full power and authority to prevent any party from encroaching upon the streets, alleys and 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 building, porches, steps, signs, or whatever it may be, already erected, and to prevent and abate any nuisance in the public squares, forks, streets, lanes, alleys and sidewalks of said town, now dedicated, or that may be dedicated, to public use, or on the premises of any person or persons of said town; to establish a market, or markets, and regulate the same, and regulate at what places, and in what hour, fresh meats, fish, fowl and game may be sold at said market, or other places in said town, and what license shall be paid for selling such articles; provided, all farm products, including fish, meats, fowl and game, can be sold without taxed license after eight o'clock a. m. by the producer; to license and regulate all hotels and boarding houses; to prevent the erection and maintenance in said town of butcher pens, slaughter houses, grist mills, 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 their 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 owner or 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, omnibuses, wagons and vehicles making a business of hauling for hire or gain 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 require a license from all auctioneers, also to collect a commission in 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. Streets. Markets, sanitation and nuisances Business licenses Sec. 12. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have full power to open, lay out, curb, pave and drain streets, alleys or lanes, or to widen, straighten

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or to otherwise improve or enlarge streets, alleys or lanes of said town; to purchase, improve or beautify public squares or parks in said town, and to appropriate money for school purposes; and said mayor and councilmen shall have full power and authority to condemn private property for streets, lanes or alleys, and for laying sewers or sewer pipes in same manner as railroad companies are authorized to do under the general railroad law of Georgia as contained in the Code of 1895. Streets. Sec. 13. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall never have the power or authority to issue license to sell spirituous, vinous, malt or intoxicating liquors, nor establish a dispensary for the sale of said liquors. Sale of liquor. Sec. 14. Be it further enacted by the 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 to prohibit the keeping of hogs in the town limits, or regulate the manner in which they must be kept, if allowed to remain; they shall have authority to take 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. Stock running at large. Sec. 15. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have full power and authority to pass all such ordinances, rules and regulations as may seem to them necessary and proper to prevent maintaining of any house of illfame, assignation or prostitution within said town, and to punish for the violation of any such ordinances, rules or regulations, by fine or imprisonment, or work on the public works, or removal or exclusion from said town. Any one or more, or all, of said punishments may be included in one sentence. Houses of ill-fame. Sec. 16. 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 police, and such other officers and members of the police force as may seem to them necessary. The marshal of said city, 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, and 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. Police powers.

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Sec. 17. Be it further enacted by the authority aforesaid, That it shall be the duty of every person owning property in said town, either in his own right or as agent of another, or in any fiduciary capacity, to make annual returns thereof, under oath, to the city clerk, in such form and in such blanks as said mayor and councilmen may prescribe, for taxation, and upon failure or refusal of any person to make such return, the clerk shall make returns for taxation of said person, and the property shall be double taxed, as now prescribed by law in cases of parties failing or refusing to make return to the tax receiver in this State. Said mayor and councilmen may relieve from such double tax if they see fit. The mayor and councilmen shall, as soon as practicable after the books have been closed each year, carefully examine the returns and correct all such as are, in their judgment, incorrect, and assess the property returned at such values as shall seem to them fair and equitable, and to add to any return the full value of any property not returned; and as soon as said assessments and corrections, if any, are completed, the clerk shall turn over the books for that year to the treasurer of the town, who shall proceed to collect the taxes as assessed by the mayor and councilmen. Should any owner or agent object to said assessments, he shall have the right to be heard by the mayor and councilmen. The treasurer shall report to the mayor and councilmen all taxes not collected when the books for any year have been closed, and the mayor and councilmen shall order the clerk to issue executions against all persons who have failed to pay by the time fixed for issuing executions, which executions shall be a lien, second only to the lien for State and county taxes, on all property owned by the defaulting tax payers. 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 are collected, and shall levy, advertise and sell property subject to such execution under the law governing sheriffs in levying, advertising and selling property under executions 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 tax payer 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, that this section shall not go into effect until said mayor

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and councilmen shall so declare by ordinance regularly and legally passed. Tax returns. Assessments and collections. Sec. 18. 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-law, ordinance, rule or regulation of said town, by sentencing said offender to pay fine not exceeding $25.00, or to imprisonment in the guard house of said town, or in 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 judgment by imprisonment in the guard house, or the common jail of Thomas county, or work on the public works. When presiding in said court the mayor shall have power to punish for contempt any person disturbing said court, refusing to obey his mandates, or in any way guilty of contempt thereof, by fine not to exceed $25.00 for each act of contempt, or to commit to the guard house of said town, or to the jail of Thomas county, for any time not longer than three days. In the absence, sickness or disqualification of the mayor, the mayor pro tem. (the mayor and councilmen being authorized thereby to elect one of the councilmen to serve as mayor pro tempore at such time as they see fit) shall have and may exercise all the power conferred by this charter upon the mayor. The marshal and clerk shall be officers of said court, and shall have for their attendance and service 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 and 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 the summons, signed by the clerk 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 who shall fail to appear at the time and place named in the bond shall be liable to arrest and imprisonment, and the court may declare the bond forfeited, giving written notice to the securities thereon unless they produce the principal within one week judgment will be entered up against them for the

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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 so 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 prevent the commission of a crime. Police court. Sec. 19. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall have full power and authority to compel all persons resident in said town, who are subject to road duty under the laws of this State, to work the streets of said town for such time, not exceeding fifteen days in each year, or to pay such a sum of money, not to exceed ten ($10.00) dollars in any one year, as commutation for such work, and in lieu thereof, as the mayor and council may ordain; and the said mayor and councilmen may make all ordinances necessary to carry this power into effect, and to punish by fine not exceeding twenty dollars, or work on the streets twenty 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. Street work and commutation tax. Sec. 20. Be it further enacted by the authority aforesaid, That said mayor and councilmen may appoint a board of health, consisting of not less than five 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 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 the 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 violation of the town ordinances. The mayor and councilmen 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

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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 $25.00, 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 house or lot refuses or neglects to keep the same in good condition the mayor and councilmen 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. 21. 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 for preserving the health, peace, order, morals, or good government of the same; and shall have in addition thereto all the powers and authority to do any and all things which are usually done by corporations of like character in this State, which are not contrary to the Constitution and the laws of the United States, or of this State, or to the provisions of this charter. General powers. Sec. 22. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 10, 1901. COVINGTON, PUBLIC SCHOOL SYSTEM. No. 380. An Act to amend sections 4 and 5 of an Act, approved September 13, 1887, an Act to provide a system of public schools for the city of Covington, in the county of Newton; to provide for the maintenance of the same; to create a board of school commissioners, and for other purposes pertaining thereto. Section 1. Be it enacted by the General Assembly of Georgia, and be it enacted by the authority of the same, That said section 4

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of said Act aforesaid is hereby amended by striking from said section 4, beginning at the end of commissioners in the eighth line, and striking therefrom all that part of section 4 containing the remainder of said section 4, so that when so amended section 4 will read as follows: Be it further enacted, That board of commissioners shall elect a president, clerk and treasurer from their own number, who shall perform such duties as may be required of them. The treasurer shall give bond, payable to said board, in such sums as they may determine, conditioned for the safe keeping and proper disbursement of the funds placed in his charge. He shall not pay out any funds except by order of the board of school commissioners. Be it enacted that section 5 of said Act as aforesaid be, and the same is, hereby repealed, and that the following is substituted and made section 5 of said Act as aforesaid: Sec. 5. Be it further enacted, That an election be held for all of the members of said board of school commissioners at the time and place of holding the next regular election for mayor and council of the city of Covington, two of whom shall be elected for one year, two for two years, two for three years, after which each member shall be elected for a term of three years. An election shall be held every year to fill the office of two of the retiring members of said board. Said elections shall be held at the same time and in the same manner as elections for mayor and council of said city. If a vacancy shall occur from death, resignation, or otherwise, said board of school commissioners shall fill such vacancy until the next regular annual election thereafter. No one shall be eligible to the office of school commissioner who is not a resident of said city, and who is not twenty-one years old. Covington. Board of school commissioners. Election of Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 17, 1901.

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CULVERTON, TOWN OF, CHARTER AMENDED. No. 301. An Act to amend an Act entitled an Act to incorporate the town of Culverton, in Hancock county, and for other purposes, approved October 5, 1891, so as to provide for the levy and collection of special taxes, and how said taxes shall be levied and collected, and to fix the salaries of the officers of said town, and to provide for the payment of the same, and to provide how ordinances shall be enacted and repealed by said mayor and council; also to give said mayor and council authority to provide the manner of collecting and disbursing the same, and to provide how vacancies in the office of mayor and councilmen shall be filled, 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 aforesaid, That from and after the passage of this Act that the mayor and council of the town of Culverton be, and they are, hereby empowered to levy and collect any and all special taxes on all and any business carried on in said town, whether mercantile, manufacturing, business houses, blacksmith shops, milling, ginning, offices, and any and every form of business carried on in said town, all kinds of shows and peddling in said town. Culverton, special taxes. Sec. 2. Be it further enacted by authority aforesaid, That said mayor and council be, and they are, hereby empowered to fix and pay the salaries of themselves and of the marshals, and all other officers of said town, and to determine, in their discretion, what officers, except mayor and councilmen, shall be elected, and to determine the time and manner of the same. Salaries. Sec. 3. Be it further enacted by the authority aforesaid, That said mayor and two members of council concurring shall have power to pass all ordinances and by-laws of said town, and to provide for the amending or repealing of the same, and to provide how vacancies in office of mayor and council shall be filled, and how all ordinances shall be passed and published, and to provide the time, place and manner of all elections, except for mayor and councilmen, which is fixed by charter of said town. Mayor and council, powers of. Sec. 4. 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. Repealing clause. Approved Dec. 12, 1901.

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DECATUR, TOWN OF, PUBLIC SCHOOL SYSTEM. No. 292. An Act to amend an Act to authorize the establishment of a system of public schools in the town of Decatur; to provide for acquiring property and buildings and raising revenue to maintain said schools, and for other purposes, approved Sept. 12, 1889. Section 1. Be it enacted by the General Assembly of the State of Georgia, That the above recited Act be, and the same is, hereby amended as follows: So as to strike from the fourth line of section 8 of said Act the word nine and insert therein and instead thereof the word seven, so as that said Act shall provide when so amended that said schools shall be kept open and free during not less than seven scholastic months in each year. Decatur. Public schools. Sec. 2. Be it further enacted, That said recited Act be so amended as to repeal the provision in section 8 of said Act, and to strike from said Act the words following, to wit: Said board shall also require the payment in advance by all pupils of an incidental fee not to exceed five dollars for each scholastic year, and so as to strike from said section the words, the board in its discretion may vary the amount of this fee according to the grade of the scholar, but in no event shall it exceed five dollars per annum, and to repeal the same. Entrance fee. Sec. 3. Be it further enacted, That said recited Act be so amended as to insert in the eleventh line of section 9 of said Act, immediately after the words for public schools, and before the words the mayor and council, the words following, to wit: The managers of said election shall certify to the mayor and council of said town the number of votes cast `for public schools' and the number of votes cast `against public schools,' and said mayor and council shall declare the result of said election, and if two-thirds of said qualified voters of said town shall have voted `for public schools,' said mayor and council shall proceed within ten days from their declaration of such result to elect said board of education, as provided in said Act, and said public schools shall thereupon be put in operation as soon as deemed practicable by said board of education. Elections Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 12, 1901.

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DOERUN, TOWN OF, PUBLIC SCHOOL SYSTEM, No. 229. An Act to authorize the establishment of a system of public school or schools in and for the town of Doerun, in Colquitt county, State of Georgia; to provide for the acquiring of property and buildings and raising revenue to establish and maintain said school or schools, 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 (the corporate authorities of the said town of Doerun having so recommended), That the mayor and aldermen of the town of Doerun are hereby authorized to levy and collect a tax annually, in addition to that now allowed by law, not to exceed one-fourth () of one per cent. on all the taxable property of the said town, as shown by the regular digest of property prepared for the purposes of town taxation, for the purpose of establishing and maintaining a system of public school or schools for the said town, said fund to be used for no other purpose. Doerun, tax for public schools. Sec. 2. Be it further enacted, That before this Act should become operative its adoption shall be submitted to the qualified voters of said town. For which purpose the mayor and aldermen shall order an election, of which ten days' notice shall be given by posting in three conspicuous places in said town, which election shall be held under the same rules and regulations as election of mayor and aldermen of said town, and the qualification of voters shall be the same. At said election those in favor of public schools shall have printed or written on 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 two-thirds of the ballots cast in said election be For public schools this Act shall immediately become operative. Should the result of the election herein provided for be Against public schools, the mayor and aldermen may order other elections every six months until public schools are adopted. Election, Sec. 3. Be it further enacted, That W. W. Green, Walter Smith, R. H. Freeman, C. B. Harrell and D. A. Fain shall be, and do constitute the board of education of Doerun. The term of first named shall expire first, and his successor shall be chosen at the next regular election for municipal officers occurring after first Wednesday in January, 1902; the next named shall hold

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office until the next regular election following, and so on until the terms of office of all shall have expired, the term of office of said D. A. Fain expiring last. At each regular election for municipal officers after the first Wednesday in January, 1902, there shall be elected by the qualified voters of said town a qualified voter, resident of said town, as a member of said board of education, who shall serve for the term of five (5) years, and until his successor is elected and qualified. Board of education. Sec. 4. Be it further enacted, That said board shall organize by electing from their members a president and vice-president. They shall also elect a secretary and treasurer; provided, also, that the secretary and treasurer may be the same person, and may be one of the members of the board of education; provided further, that nothing herein contained shall be so construed as to prevent the said board from electing as secretary or treasurer the clerk or treasurer of the town of Doerun should they see fit so to do. No member of the board of education of Doerun shall receive any compensation for his services as a member of said board. Officers of Board. Sec. 5. Be it further enacted, That said board of education shall have power to design and adopt a system of public school, or schools, for said town; to appoint a superintendent and employ teachers for same; to suspend or remove such superintendent or teachers; to fix their compensation; to provide schools by rent, building, or otherwise; to make and hold titles to such property, and to make rules and regulations for the government of themselves and said schools as they deem proper and not in conflict with the laws of this State; and to do any and all things promotive of the best educational interests of said town, not in conflict with the provisions of this Act or the laws of Georgia. Powers of board. Sec. 6. Be it further enacted, That the board of education of Doerun shall have power to establish such scholastic year for said town as they may see fit. And shall establish separate schools for whites and negroes. Said board shall have power and right to establish and regulate such tuition and incidental fees as they may see fit to be required of pupils entering said schools, and may charge the children of non-resident parents or guardians, more than is charged those residents of said town. Powers of board. Sec. 7. Be it further enacted, That after the ratification of this Act, it shall be the duty of the school commissioner of Colquitt county, Georgia, and he is required, to pay over to the treasurer of the board of education of Doerun, under such rules as the board of education of said town may provide, that portion of the public school fund of the said county to which the school established

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by this Act may be entitled under the laws of this State, and the rules of distribution under which the county board of education of Colquitt county assigns to the schools of the county, their pro rata share of the school fund. Pro rata share of county school fund. Sec. 8. Be it further enacted, That after the ratification of this Act, the board of education of Colquitt county shall not grant license to, or contract with, any person to teach a school of any character in said town, nor shall the school fund be paid to any school in said town other than herein provided for; and it shall not be lawful for the said board of education of said county to establish or maintain any school or schools within one mile of the corporate limits of said town of Doerun without the written consent of the board of education of said town. Other schools. Sec. 9. Be it further enacted, That one-half of all the funds derived by said town from the granting of license, or from the operation of a dispensary in said town for the vending or sale of liquors, shall be turned over immediately by the corporate authorities of said town to the treasurer of the said board of education of Doerun, to be used exclusively for school purposes in said town as aforesaid. School fund. Sec. 10. Be it further enacted, That all the proceeds that arise from special taxes or on the grant of licenses to circuses or other shows traveling through the county, showing in said town of Doerun, shall be paid over to the treasurer of said board of education of Doerun, to be used by said board for educational purposes. Special taxes. Sec. 11. Be it enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved November 26, 1901.

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DUBLIN, PUBLIC SCHOOL FUND. No. 408. An Act to authorize the board of education of the city of Dublin to take an annual census of the school population of the city of Dublin, and to authorize the State School Commissioner to pay over to the treasurer of the board of education of the city of Dublin, each year, the pro rata share of the city of Dublin to the State school fund, as shown by such census, and based thereon, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the board of education of the city of Dublin shall prepare and take a census of all the pupils residing in said city of Dublin, annually, after the passage of this Act, who are, under the law, entitled to participate in the State school fund, and furnish a report of the result of said census to the State School Commissioner on or before the first day of February of each year. Dublin, school census. Sec. 2. Be it further enacted, That upon the receipt of the foregoing report of the result of said census, the State School Commissioner shall apportion to said city of Dublin its pro rata share of the State school fund, based upon the result of said annual census, and pay over such pro rata share to the treasurer of the board of education of the city of Dublin. Pro rata share of State school fund. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 18, 1901.

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EASTMAN, TOWN OF, DISPENSARY FOR. No. 403. An Act to establish, maintain and regulate a dispensary for the sale of alcoholic, spirituous, vinous, malt, fermented, and intoxicating liquors, cider, intoxicating bitters, and all other intoxicating drinks in the town of Eastman, in the county of Dodge; to establish and perpetuate a board of dispensary commissioners for said town for the management of said dispensary, 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 it shall be unlawful for any person to sell any alcoholic, spirituous, vinous, malt, fermented, or intoxicating liquors or intoxicating bitters, or any other intoxicating drinks, in the town of Eastman, in the county of Dodge, except in the dispensary provided for in this Act, and in which dispensary it shall be lawful to sell the same, and no municipal authority of said town of Eastman shall license the sale of such liquors or drinks by any person, firm or corporation. Eastman, town of, dispensary for. Sec. 2. Be it further enacted by the authority aforesaid. That the ordinary of the county of Dodge, the mayor of the town of Eastman, and the clerk of the town council of the town of Eastman, and their successors in office, shall be known as dispensary commissioners of the town of Eastman, and they are hereby constituted a body corporate under the name of dispensary commissioners of the town of Eastman, with all the powers that are usual and incident to corporations of this State, besides the powers hereinafter conferred. Dispensary commissioners incorporated. Sec. 3. Be it further enacted, That such dispensary commissioners of the town of Eastman shall select a man of good moral character and sober habits as dispensary manager for such dispensary. Said dispensary manager shall be elected for a term of one year. In case of a vacancy in the office of such dispensary manager from death, resignation, removal or other cause, such dispensary commissioners of the town of Eastman shall elect a successor for the unexpired term. Such dispensary manager shall be at all times subject to the orders, rules and regulations of such dispensary commissioners of the town of Eastman, and shall, before entering upon the discharge of the duties of his office, give such bond and security as such dispensary commissioners of the town of Eastman may require,

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conditioned to faithfully account for all goods and money that may come into his hands as such dispensary manager, and for the faithful performance of all duties required of him; and he shall also take and subscribe an oath that he will faithfully and honestly discharge the duties of dispensary manager. He shall receive such compensation as may be fixed by said dispensary commissioners of the town of Eastman, and his compensation shall not be in any way dependent upon the amount of his sales. He shall receive no gifts, rebates, commission, or other gain of any kind besides his salary. Manager. Sec. 4. Be it further enacted by the authority aforesaid, That such dispensary commissioners of the town of Eastman shall have authority to employ such clerical and other assistants to the said dispensary manager as they may deem proper, the duties and salary of such clerical and other assistants to be fixed by the said dispensary commissioners of the town of Eastman. Assistants to manager. Sec. 5. Be it further enacted, That such dispensary manager shall, for and in the name of the dispensary commissioners of the town of Eastman, establish and maintain, under the direction and control of the said dispensary commissioners of the town of Eastman, a dispensary for the sale of such liquors before mentioned in caption, renting and preparing house for said dispensary, purchasing the stock therefor and keeping the same and selling the same in the manner prescribed by said dispensary commissioners of the town of Eastman, selling said liquors for cash only. All funds arising from the sale of said liquors, or from the sale of empty barrels, or from any other source or sources connected with said dispensary, shall be deposited daily with such bank as said commissioners may designate, of the town of Eastman, and such bank is hereby made the depository of such dispensary. All debts incurred in the establishment and maintenance of said dispensary shall be paid out of said funds so deposited, upon the order of the dispensary manager, after the same has been endorsed by at least two of the dispensary commissioners of the town of Eastman. Said dispensary shall be maintained and operated from the profits arising from the sale of said liquors; provided, that to inaugurate said dispensary, and to purchase the first stock therefor, said dispensary commissioners of the town of Eastman shall be authorized to borrow money or to pledge the credit of said dispensary commissioners of the town of Eastman, but they cannot bind the town of Eastman for any such debts in any way. Said dispensary commissioners of the town of Eastman shall, from time to time, make rules and regulations for the operation of said dispensary, not in conflict

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with this Act or the laws of this State. The quantity of such liquor sold to any one person at any time shall not exceed one gallon, and in no event shall such liquors be furnished in quantities of less than one-half pint, and none shall be drunk in the building or on the premises whereon said dispensary is located. Said dispensary shall not be opened before sunrise on any day, and must be closed each day at sunset, except that during the winter season it may be opened at 6 o'clock a. m. and kept open until 6 o'clock p. m. Said manager shall be bound by all the laws of this State regulating the sale of liquors and all of the regulations of the dispensary commissioners of the town of Eastman, not in conflict with the laws of this State. Dispensary, how established, maintained and controlled Sec. 6. Be it further enacted, That said dispensary manager shall sell to no person any of said liquors except in sealed packages, and whenever any original package is broken, it shall be at once bottled and sealed. Sales. Sec. 7. Be it further enacted, That nothing contained in this Act shall be so construed as to restrain or prevent any person from manufacturing or selling in said town 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. 8. Be it further enacted, That said manager shall, under oath, make a monthly report to the said dispensary commissioners of the town of Eastman, showing the financial condition of said dispensary, its liabilities, if any, cash on hand, and the amount of sales for the preceding month, and the stock on hand at the end of said month. Monthly reports of manager. Sec. 9. Be it further enacted, That the books of account and all other papers connected with the said dispensary shall be at all times open to inspection by the public. Said officers of said dispensary shall receive no compensation for their services, except [Illegible Text] hereinbefore provided. Books, inspection of Sec. 10. Be it further enacted, That said dispensary commissioners of the town of Eastman shall, as often as once in each quarter, set aside as a dividend or profits all money belonging to said dispensary that can be taken from it without embarassing the continuance of its business, with a stock of such size as said commissioners may deem proper for such dispensary; provided, said commissioners shall at all times retain a sufficient amount of funds to enable all bills incurred in the management of said dispensary to be paid in cash, and they are required to avail themselves of all discounts for cash allowed on such bills. The money thus set aside as

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dividends or profits shall be at once divided equally between the town of Eastman and the county of Dodge, and the part thus going to the county of Dodge shall be paid directly to the county treasurer of Dodge county, and the part thus going to the town of Eastman shall be paid directly into the town treasury, and the dispensary commissioners of the town of Eastman shall order these payments made as aforesaid, and said commissioners shall see that they are made. Profits, how divided. Sec. 11. When one-third of the qualified voters of Dodge county petition to the ordinary of said county for a dispensary, he shall, after advertising thirty days in the newspaper in which the sheriff's sales are advertised in said county, order an election and submit the question, dispensary or no dispensary, to the qualified voters of the county. Those who favor a dispensary shall have written or printed on their ballots, for dispensary, and those who oppose the dispensary shall have written or printed on their ballots, against dispensary, and if a majority of the votes cast are for a dispensary, this Act shall be of full force, but if a majority shall vote against dispensary this Act shall be null and void. Said election to be held as other elections for county officers are held. Election. Sec. 12. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 18, 1901. EMERSON, TOWN OF, CHARTER AMENDED. No. 430. An Act to amend the charter of the town of Emerson, in Bartow county, Georgia, so as to restrict the corporate limits of said town by excluding therefrom all that portion of the present corporate limits lying north of Indiana avenue and east of the Western Atlantic Railroad, so that the territory thus excluded shall not be within the corporate limits of said town, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, section 2 of an Act incorporating the city of Emerson, in Bartow county, Georgia, approved November 11, 1889, be, and the same is, hereby amended

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by adding at the end of said section the following words, to wit: except that portion of said circle that lies north of Indiana avenue and east of the Western Atlantic Railroad, so that said section when amended shall read as follows: Section 2. The corporate limits of said city shall include the territory included within a circle one mile in diameter, which has for its center the intersection of the Western Atlantic Railroad and Wisconsin avenue in said town, except that portion of said circle that lies north of Indiana avenues and east of the Western Atlantic Railroad. Emerson, town of. Corporate limits. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 18, 1901. FITZGERALD, CHARTER AMENDED. No. 318. An Act to amend the charter of the city of Fitzgerald, in the county of Irwin, so as to limit the tax rate in said city for municipal purposes; to abolish certain city offices, and to provide for the performance of their duties by other city officers; to provide for and limit the compensation of city officers; to provide for the manner of drawing warrants on the city treasury, 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 first day of January, 1902, section twenty-one of the original charter of said city (as contained in page 162 of Acts of 1895) be, and the same is, hereby amended by adding the following thereto, to wit: The city council shall not levy an ad valorem tax on real or personal property exceeding one per cent. per annum on the assessed valuation of the city for the purpose of defraying the current, ordinary expenses of the city, including the support and maintenance of public schools and water and light bonds interest, but provided, however, that if for any reason the city council does not levy and collect a license tax on the sale of intoxicating liquors in an amount equal to the present license tax, then it shall be lawful for the council to levy a tax in addition to the above mentioned one per cent. in an amount sufficient to raise three

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thousand dollars revenue for said current, ordinary expenses and support and maintenance of public schools and interest on water and light bonds; and provided further, that nothing herein shall be construed to prevent the levy of a special tax for the purpose of paying any indebtedness of the city created prior to January 1, 1902, whether said debt shall have been reduced to judgment or otherwise. Fitzgerald, charter amended. Taxes. Sec. 2. Be it further enacted by the authority aforesaid, That from and after the first day of January next, the offices of city clerk, city assessor and city street commissioner shall be, and same are, hereby abolished. After the said date the duties of clerk and assessor, as are now or may be imposed by law, shall be discharged by the city treasurer, who shall be ex-officio the city clerk and city assessor. And after January 1, 1902, the duties of street commissioner shall devolve upon and be performed by the chief of police, who shall be ex-officio street commissioner. Clerk, city assessor and street commissioner, offices abolished. Sec. 3. Be it further enacted by the authority aforesaid, That after January 1, 1902, the city council, or the school board, shall create no debt against the city unless there shall at the time be money in the city treasury to pay the same; provided, however, that nothing herein shall be construed to prevent the council from making a temporary loan to meet current expenses of the city or city schools, as specified in the annual appropriation ordinance, until such time as same can be repaid from the revenues of the city derived from the city taxes for the current year, and it shall be the duty of the council to make such loans whenever necessary so that the city school warrants may be paid promptly in cash at par. The clerk of the school board shall keep a record of all warrants drawn on school fund in same manner as city warrants are required to be recorded by the city treasurer. Debt and temporary loans. Sec. 4. Be it further enacted by the authority aforesaid, That the school board, nor any officer of it, nor any officer or board of the city, shall not incur any debt to be paid out of city funds in excess of the amount appropriated for that purpose by the council for the current year. Debt in excess of appropriations. Sec. 5. Be it further enacted by the authority aforesaid, That from and after January 1, 1902, the following city officers shall receive the following compensation, which in each instance shall be paid in full for all official services performed for the city, to wit: mayor, one hundred dollars per annum; the fees of the police court to be turned over to the city treasurer; city attorney, one hundred dollars per annum; each alderman not to exceed one dollar per annum; chief of police and ex-officio street commissioner not to exceed

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fifty dollars per month; city treasurer and ex-officio clerk and and assessor not to exceed fifty dollars per month; city engineer, two dollars per day for each day's service performed for the city by order of the council; policemen not to exceed forty dollars per month each. Where the amount of compensation is not definitely fixed by this Act the council shall, by ordinance, fix and determine the amount to be paid. Officers, compensation of. Sec. 6. Be it further enacted by the authority aforesaid, That the council shall appropriate no money to be spent by any city officer except as specified in the annual appropriation ordinance. The council may appropriate such reasonable sum as may in its opinion be necessary as incidental expenses, but no money shall be paid out of such fund except upon requisition duly made by the mayor, or the head of a city department, or chairman of council committee, and audited and allowed by the council, which requisition shall plainly and specifically enumerate the items of expense for which said money is needed, and said requisition so made and allowed shall be kept on file by the clerk and turned over to the finance committee of the council whenever called for. Annual appropriations. Incidental expenses. Sec. 7. Be it further enacted by the authority aforesaid, That all laws or parts of laws which in anywise conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 14, 1901. GILISVILLE, TOWN OF INCORPORATED. No. 334. An Act to establish and create a charter for the town of Gillsville, in Hall and Banks counties, Georgia; to grant certain powers and privileges to the same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the town of Gillsville, in the counties of Hall and Banks, be incorporated, shall be a body politic and corporate by the name of the town of Gillsville. Gillsville, town of incorporated. Sec. 2. Be it further enacted, That the municipal government of the town of Gillsville, in the counties of Hall and Banks, shall be vested in a mayor and five councilmen, who are hereby constituted a body corporate under the name and style of the mayor and

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council of the town of Gillsville, and by that name and style shall have perpetual succession, and shall in said name be capable to sue and be sued, plead and be impleaded in any court of law or equity in this State; shall have power to purchase, lease, hold, receive, enjoy, possess and retain to themselves and their successors for the use and benefit of said town any estate or estates, real or personal, of whatever kind or name, within the limits of said town, and to sell, alien and exchange, lease and convey the same or any part thereof, and to do all other acts relating to their corporate capacity consistent with the Constitution and laws of said State. Corporate name. Sec. 3. Be it enacted further, That the corporate limits of said town of Gillsville shall begin at a rock on the north side of the Gillsville and Gainesville road, running thence N. 33 E. 40 chains, 2640 feet to a rock; thence S. 60 E. 97 chains and 50 links, 6435 feet to a rock; thence S. 33 West 40 chains, 2640 feet to a rock; thence N. 60 W. 97 chains and 50 links, 6435 feet to beginning rock. The beginning rock is N. 77 W., 3910 feet from the present depot. Corporate limits. Sec. 4. Be it further enacted by the authority aforesaid, That W. A. Crow be, and he is, hereby appointed mayor, and J. M. Garrison, J. E. Welchel, W. A. Miller, J. F. Presley and B. F. Eberhart be, and they are, hereby appointed councilmen of said town of Gillsville, to hold their office until the first annual election, or until their successors are qualified, as hereinafter provided. Mayor and councilmen appointed. Sec. 5. Be it further enacted, That no person shall be eligible as mayor or councilman of said town unless he is twenty-one years of age at the time of his election or appointment, and unless he shall have resided in the corporate limits of said town for the space of twelve months immediately preceding his election or appointment; that the term of office of said mayor and councilmen shall be for one year from the time of his election, and until his successor is elected and qualified, nor shall any person be elected as mayor of said town for more than two successive terms. Qualifications. Sec. 6. Be it further enacted, That on the second Monday in December, 1902, and on each successive second Monday in December annually thereafter, there shall be held in the council chamber in Gillsville, Georgia, an election for mayor and councilmen of said town, at which election all citizens of said town twenty-one years of age, who shall have resided within the corporate limits of said town six months immediately preceding the day of election, who may be entitled to vote for members of the General Assembly of this State, who shall have worked upon the streets, side-walks and alleys of said town the number of days they have been

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required to work in the year in which said election is held, or paid a commutation tax in lieu thereof, according to the provisions of this Act and the by-laws and ordinances of said corporation, and who shall have paid all taxes and fines due said town or corporation, shall be entitled to vote at such election for mayor and councilmen of said town; and no person shall be entitled to vote at said election except the persons hereinbefore referred to in this section. The polls of said election shall be open from 9 a. m. to 3 p. m. on election days. All elections for mayor and councilmen for said corporation shall be managed and conducted by persons qualified to manage and hold an election in this State for members of the General Assembly of Georgia, and all said elections shall be managed and conducted in the same manner as elections for said members of the General Assembly are conducted. The managers of election for mayor and councilmen of said town shall, as soon as possible after said election, give certificates of election to the persons receiving the highest number of votes for their respective offices, which certificate shall be recorded on the minutes of said council and shall be held to be the highest evidence of the election of said officers. Elections. Sec. 7. Be it further enacted, That in the event of a vacancy in the office of mayor or councilman of said town by death, removal or otherwise from the limits of said town, the remaining councilmen shall fill said vacancy by appointing some eligible person to fill out the unexpired term of said mayor or councilman whose office was made vacant; that the mayor and each of the councilmen of said town shall, before entering upon the duties of their respective offices, take and subscribe before any person authorized by the laws of Georgia to administer an oath the following oath, to wit: I do solemnly swear that I will, to the best of my ability, discharge the duties of mayor (or councilman, as the case may be) of the town of Gillsville, faithfully and impartially during my continuance in office, so help me God. That said oath shall be recorded on the minutes of said council. And the mayor, councilmen, and other officers of the town of Gillsville, shall each receive such compensation for their services as shall be fixed by the retiring or succeeding council, except as to the first mayor and council, who are by this Act appointed, and who shall have authority to fix their own compensation, and which shall not be increased nor diminished during their term of office. Vacancies. Oath. Compensation. Sec. 8. Be it further enacted, That the mayor and council may at once appoint a marshal and a clerk of the council, and a treasurer for said town, and who shall take a similar oath to that taken

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by the mayor and councilmen. The mayor and council may, by ordinance, prescribe the duties of the marshal and clerk and treasurer, and may require of them bonds in such sums as they may approve, payable to the mayor and councilmen of the town of Gillsville and their successors in office, and approved by a majority of said corporate authorities, which bonds shall be conditioned for the faithful performance of their duties as treasurer and marshal, respectively, and shall be recorded on the minutes of the council. Marshal, clerk and treasurer. Sec. 9. Be it further enacted, That the clerk of said corporation shall keep open to inspection of the citizens of said town a full record of the proceedings of said corporate authorities, and the treasurer of said corporation shall keep an itemized statement or account of all moneys received from every source and paid or expended for any purpose, and showing amount on hand, which statement or account shall likewise be open to any citizen of said town. Books of clerk and treasurer. Sec. 10. Be it further enacted, That any person voting at any election for mayor or councilmen of said town, who is not legally entitled to vote, shall be subjected to be indicted by the grand jury of Hall or Banks county, and tried in the superior court of said county; shall be punished as prescribed in section 1039 of the third volume of the Code of Georgia. Illegal voting. Sec. 11. Be it further enacted, That any mayor of said town, or any member of said council who, while in office, shall be guilty of malpractice, any wilful neglect or abuse of powers confided in him, or shall be guilty of any other conduct unbecoming his station, shall upon conviction be expelled from office by a majority vote of the council. Malpractice, etc. Sec. 12. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall meet for the transaction of business at such time and place as they may prescribe. At all such meetings the mayor, if present, shall preside, and he may vote in case of a tie. He may also vote in the election for officers who are elected by the board, whether there be a tie or not. The mayor and three councilmen to constitute a quorum for the transaction of business. A less number in the absence of a quorum may adjourn a regular meeting to a further time. Meetings. Quorum. Sec. 13. Be it further enacted, That the mayor and council may levy and collect a tax upon all the real and personal property in said town taxable under the State laws. They may provide for the assessment of the value thereof, or take the valuation from the tax digests of the counties. They may provide for the collection of said tax, but they shall not collect a tax of more than thirty

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cents on the one hundred dollars' valuation of property until such higher rate has been, by the mayor and council, submitted to a vote of the legal voters of said town, and authorized by a majority of the votes cast at an election held for that purpose. Ten days' notice of such election shall be given by the mayor, and the rate of taxation, and the purpose for which it is needed, shall be given in such notice. A tax on property shall be levied and collected but once in each year, and may be made payable at such times (in whole or by installments) as the mayor and council may direct. Execution for unpaid taxes shall be issued by the mayor and levied by the marshal. Sales of personalty may be made by the marshal, after notice of the time and place of sale, and a fair description of the property to be sold posted for ten days at three public places in said town. If the marshal shall levy upon land he shall return the fl. fa. to the sheriff of said county in which the realty is located, who shall advertise and sell said land under the same rules and regulations as control other sales of land by the sheriff, and pay over the proceeds of such sale to the marshal, unless prevented by other claims thereto. There shall be a lien on real and personal estate in said town for all taxes assessed against the owners, and for all penalties and fines imposed upon such owner from the time such tax is assessed or fines or penalties imposed superior to all other liens against the same, except liens for State and county taxes. Property tax. Sec. 14. Be it further enacted by the authority aforesaid, That the mayor and council shall have the authority to tax all shows, auctioneers, slight of hand performers, and all contrivances of whatever kind used for the purpose of gaming or carrying on games of chance by selling cards, tickets or numbers, or by turning a dial, or by using any other artifice or contrivance; also the right to tax dogs; also all business, trades, and callings, and establishments in said town, as they may deem proper and just; provided, the same is not repugnant to the Constitution and laws of this State. Special taxes. Sec. 15. Be it further enacted, That the council of the town of Gillsville shall have power therein to lay off, vacate, close, open, alter, curb, pave, and keep in good order and repair roads, streets, alleys, sidewalks, drains and gutters for the use of the public or any other citizen thereof, and to improve and light the same and have them kept free of obstructions on or over them; to regulate the width of said walks on the streets, and to order the sidewalks, foot-ways, cross-walks, drains and gutters, to be curbed and paved and kept in good order, free and clean, by the owner and occupant thereof, or by the real property next adjacent against thereto; to

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establish and regulate markets; to prescribe the time of holding the same; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive, or unwholesome; to prevent hogs, cattle, horses, sheep, and other animals and fowls of all kinds from going at large in such town; to protect places of divine worship in and about the premises where held; to abate, or cause to be abated, anything which, in the opinion of a majority of the whole council, shall be a nuisance; to regulate the keeping of gunpowder and other combustibles; to provide in or near the town places for the burial of the dead, and to regulate interment therein; to provide for the regular building of houses or other structures, and for the making of division fences by the owners of adjacent premises, and the drainage of lots by proper drains and ditches; to make regulations for guarding from danger or damage by fire; to protect the property and person of the citizens of such town, and to preserve peace and good order therein, and for this purpose to appoint, when necessary, a police force to assist the marshal in the discharge of his duties; to provide the powers and define the duties of the officers appointed by the council, fix their term of service and compensation required, take from them bonds when deemed necessary, payable to such town in its corporate name, with such sureties and in such penalties as the council may see fit, conditioned for the faithful discharge of their duties; to erect or authorize or prohibit the erection of gasworks or waterworks in the town; to prevent injury to or pollution of the same, or to the water or healthfulness of the town; to regulate and provide for the weighing of hay, coal, and other articles sold, or for sale in the town, and to provide a revenue for the town, and to appropriate the same to its expenses; to provide for the annual assessment of taxable property therein, and to adopt rules for the regulation and government of its own body. To carry into effect these enumerated powers and all others conferred upon such town, or its council, by this charter, or by any future Act of the legislature of this State, the council shall have power to make and pass all needful orders, by-laws, ordinances, resolutions, rules and regulations not contrary to the Constitution and laws of this State, and to prescribe, impose, and enact reasonable fines, penalties and imprisonment in the county jail, or the place of imprisonment in said corporation, if there be one, for a term not exceeding thirty days for the violation thereof. Municipal powers. Sec. 16. Be it further enacted, That the mayor and council of Gillsville shall have the right and power to organize work-gangs or other means of confinement, and to confine at labor therein, for a term not exceeding thirty days, persons convicted of violating the

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ordinances of said town; provided, that said penalty shall be inflicted only as an alternative of failure or refusal to pay fines imposed for such violations. Work-gangs. Sec. 17. Be it further enacted, That the mayor and town council of Gillsville shall have full power and authority to provide by ordinances for the forfeiture of bonds given by offenders for their appearance before the municipal court of said town, and to provide for the collection of the same from the principals and sureties to such bonds by judgments, execution and sale. Forfeitures. Sec. 18. Be it further enacted, That the mayor of the town of Gillsville shall be the chief executive officer of said town; he shall take care that the orders, by-laws and ordinances, acts, and resolutions of the council are faithfully executed; he shall be ex-officio justice of the peace within the town, shall within the same possess and exercise all the powers and duties vested by law in the justices of the peace, except that he shall have no jurisdiction as such in civil cases; he shall have control of the police of the town, and may appoint special officers whenever he deems it necessary, and it shall be his duty specially to see that the peace and good order of the town are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in the town before issuing his warrant therefor; he shall have the power to suspend or dismiss finally at any time any marshal or police officer who should be guilty of any conduct unbecoming an officer; he shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and in default of such payment he may commit the party in default to the jail of the county, or any other place of imprisonment in such corporation, if there be one, until the fine or penalty, or costs shall be paid, but the term of imprisonment shall not exceed in such case thirty days. In the absence from the town by sickness, or otherwise, or during any vacancy in the office of mayor, any one of the councilmen selected by a majority shall perform all his duties and be vested with all his powers. Mayor, powers and duties of. Sec. 19. Be it further enacted, That the mayor, or in his absence the presiding officer of the council, or any other member of the council designated for that purpose, shall have full power and authority to hold at such time and places, and under such regulations, as may be prescribed by ordinance, a mayor's court for the said town, for the trial of offenders against the ordinances of said town, and to impose such penalties for the violation thereof as may be prescribed by ordinance, a fine for each offense, not exceeding

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one hundred dollars, or imprisonment not exceeding thirty days in the town prison, or in the county jail, or to be put to hard labor on the streets or sidewalks or public works of said town, both fine and imprisonment, or fine and hard labor on the streets, sidewalks or public works of said town. Mayor's court. Sec. 20. Be it further enacted, That all male persons over the age of sixteen years and under the age of fifty years, who have resided in the corporate limits of said town ten days, shall be subject to work on the streets, alleys and sidewalks within said limits each and every year, not exceeding fifteen days each year, or to pay a commutation tax each year in lieu of working on such streets, alleys and sidewalks, which commutation tax shall not exceed seven dollars and fifty cents each year, and said mayor and council shall have the right and power to compel said persons to work said streets, alleys and sidewalks not exceeding fifteen days each year, or to pay the commutation tax therefor, not exceeding seven dollars and fifty cents each year, and in the event any such person shall fail or refuse to perform said work, or to pay said commutation tax fixed by the ordinances of said corporate authorities, after being notified by either the marshal or superintendent of streets of said town orally one day beforehand to do said work or pay said tax, such person, for such refusal or failure, shall be subject to be arrested by said marshal and punished by said corporate authorities by being compelled to work upon said streets, alleys and sidewalks not exceeding thirty days and to pay a fine of fifteen dollars, or less, or to be imprisoned in the town guard-house, or prison, or common jail of the county, not exceeding thirty days. Streets, how worked. Sec. 21. Be it further enacted, That the mayor, or acting mayor, of said town of Gillsville shall have power and authority to compel the attendance of witnesses before him by written subpoenas, to be served by the marshal, his deputy, or some policeman of said town, which subpoena shall state the case to be tried, and the time and place of hearing, and shall have power to punish any person who, after being duly summoned, without a valid excuse, shall fail to appear and testify, under such rules and regulations as may be prescribed by the mayor and council by by-law. Witnesses in Mayor's court. Sec. 22. Be it further enacted, That the mayor and council of Gillsville may have the right and power to punish any person who fails or refuses to assist the marshal of said town, when called on by said marshal to assist him in the arrest or imprisonment of any person liable to arrest or imprisonment by said marshal; to regulate the speed of riding or driving within said limits; to pay each of the

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managers of election for mayor and councilmen of said town a sum not exceeding one dollar for each election. Arrests. Sec. 23. Be it further enacted, That the corporate authorities of the town of Gillsville shall have full and complete control of the streets, sidewalks, alleys and squares within the corporate limits of said town, and shall have full power and authority to condemn any property within the corporate limits of said town for the purpose of opening and laying out new streets and alleys and sidewalks and squares, and for widening, straightening or otherwise changing the streets, alleys, sidewalks or squares of said town, and whenever the said corporate authorities shall desire to exercise the power and authority granted in this section, it may be done, whether the property sought to be condemned is in the hands of an owner or trustee, executor, administrator, agent or guardian, in the following manner: The said corporate authorities shall appoint two freeholders and give, or cause to be given, to the owner of the property sought to be condmned, or to the trustee, executor, guardian or administrator, in whose hands the property may be, not less than five days' notice of the time and place when said freeholders will meet to assess and determine the amount of the damages, and the said owner, trustee, executor, or administrator or guardian, shall appoint two freeholders, and the said freeholders shall select a fifth man, and the five men so selected shall, at the designated time, or at such other time as they may desire and appoint, value, assess and determine the damage and make their findings and award accordingly. In case the owner of the land, truster, executor, or administrator or guardian, so notified, fails to appear, or either of those appointed by either party fails to act, another time not more than ten days distant shall be appointed, and if any one of the arbitrators fail to act at such time, and no others are appointed to fill their places, those, or the one acting, shall select other freeholders until the board of five is completed, and those five shall make the finding and award. The finding and award of those acting shall be deemed the finding and award of the assessors just as effectually as though it had been agreed to by all. Said assessors shall make out their finding and award stating plainly what property is to be taken, and the estimated damages due therefor, and file the same with the clerk of the superior court of Hall or Banks county, Georgia, within ten days of the finding and award. In all cases where the property sought to be condemned belongs to a railroad company, service of notice on them shall be had by serving its nearest agent of the railroad company. Either of the parties has the right, within ten days after the filing of the

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finding and award with said clerk of said court, to enter an appeal to the next term of the superior court of Hall or Banks county occurring ten days after said appeal is entered, which appeal may be entered with the clerk of the superior court of Hall or Banks county by complying with the law regulating appeals from justice to superior courts. Said corporate authorities shall have the right at any time to abandon the proceedings to condemn, and all proceedings in the matter at any time before an appeal is entered, by paying all costs of the proceedings up to the time of the abandoning of the proceedings. Each of said assessors shall have one dollar for each day they are engaged in the estimating the damages and making their award and finding, which costs shall be paid by said corporate authorities of said town of Gillsville. Either party may enter an appeal to said superior court from the finding and award of said assessors, in the same manner in all respects, by paying the costs and giving bond, or by filing a pauper's affidavit, just as if said award was the finding of a justice court of the justice of the peace for an amount over fifty dollars. When an appeal is entered said appeal case shall be treated and dealt with in all respects as are appeal cases from a justice court. Streets. Condemnation. Sec. 24. Be it further enacted, That the sale of vinous, malt, intoxicating liquors, or wine, cider, malt, ale, hopoline, white hops, or any beverage which, if drunk to excess, will produce intoxication, is forever prohibited, nor shall any person within the corporate limits of said town give, furnish or lend to another any of said drinks. Any person or persons violating this section shall be guilty of misdemeanor, and punishable for such in the State courts. Sale of liquor. Sec. 25. Be it further enacted, That no mayor, councilman, marshal, clerk or treasurer, or other officer of said town, shall be a contractor to do any work, or furnish any material to do any work, or for any work, material or services rendered said town, and receive any pay for any such work, material or services, except to receive such salaries as they may be entitled to by law. Any officer of said town who may violate the above provisions shall be deemed guilty of a misdemeanor, and may be prosecuted for the same. Contracts. Sec. 26. Be it further enacted, That the mayor, or acting mayor, when sitting as a court, may fine for contempt not exceeding ten dollars, or imprisonment not exceeding fifteen days, for each such contempt. Contempt. Sec. 27. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 16, 1901.

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GREENSBORO, CHARTER AMENDED. No. 223. An Act to amend the charter of the city of Greensboro, Georgia, approved March 5, 1856, by conferring on the city council of said city authority to work persons violating the city ordinances on the public streets not longer than sixty days, in the event they fail to pay the fines imposed by said council; to impose and collect a business tax or license against persons carrying on any business in said city; also conferring on said city council authority to protect the citizens of said city from any infectious or contagious diseases, and empowering them to establish a pest house in said city, and authorizing said council to punish any person for violating the quarantine laws of said city, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the city council of Greensboro, Georgia, shall have the authority to work persons convicted of violating the general ordinances of said city on the public streets, not longer than sixty days, in the event they fail to pay the fines imposed by said council or a police court of said city. Greensboro, conviet labor on streets. Sec. 2. Be it further enacted by the authority aforesaid, That said city council shall have the authority to impose and collect a business or license tax against persons carrying on any business in said city; provided, that said council shall have no authority to impose any tax or license on any person offering for sale in said city any farm products raised by them individually, or on their farms; and provided further, that said city council shall have no authority to impose any tax or license on any person selling any meat or other products produced or raised by them individually or on their farms, unless a business tax or license is imposed on the citizens of said city dealing in said products herein mentioned. Special taxes. Sec. 3. Be it further enacted by the authority aforesaid, That said city council shall have the authority to protect the citizens of said city from any infections or contagious diseases, and said city council is hereby empowered to establish a pest house in said city, and is hereby authorized to punish any person for violating the quarantine laws of said city; provided, no person shall be confined in said pest house who will defray the expenses of a guard appointed

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by said council in guarding his own premises where any such diseases may exist. Quarantine. Sec. 4. Be it further enacted by the authority aforesaid, That said city council shall have the authority to pass proper ordinances for carrying the provisions of this Act into effect. Ordinances. Sec. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Nov. 21, 1901. GRIFFIN, CHARTER AMENDED. No. 234. An Act to establish and define the corporate limits of the city of Griffin, Spalding county, Georgia; to prescribe the number of officers thereof; to limit the current expenses of said city; to define the powers and duties of the mayor and council, and other officers of said city; to provide ways and means for certain works of internal improvement; to repeal certain Acts creating and amending the charter of said city, and for other purposes therein mentioned. Section 1. Be it enacted by the General Assembly of the State of Georgia, That the corporate limits of the city of Griffin shall extend one mile from the court house in every direction. The municipal government of the said city shall consist of mayor and eight aldermen, who are hereby declared a body corporate under the name and style of the city of Griffin. That as a body corporate they may sue and be sued, and use a common seal. Griffin. Corporate limits and name. Sec. 2. Be it further enacted by the authority aforesaid, That there shall be as officers of said city of Griffin (in addition to the mayor and eight aldermen) a chief of police, who shall be ex-officio marshal of said city, clerk and treasurer (said office of clerk and treasurer to be included in one incumbent), city attorney, city physician, a sexton, two engineers of the fire department, six regular policemen (in addition to said chief), and one city janitor. That the mayor and council, or the mayor if the council cannot be convened for the purpose, may, if the emergency requires it, employ such additional policemen as may be necessary to preserve order

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within the city and to enforce the ordinances of said city during said emergency. Municipal officers. Sec. 3. Be it further enacted by the authority aforesaid, That the mayor shall hold his office for two years. The aldermen shall hold their offices two years. The city attorney shall hold his office two years. The aldermen shall be elected as follows: by a general vote of the city, not more than two from any one ward; the wards remain the same as they now exist. The first election for aldermen under this Act shall be had on the first Wednesday in December, 1901, and for mayor on the first Wednesday in December, 1902, and for as many as four aldermen in 1902, and in each and every year thereafter on the first Wednesday in December, so that annually thereafter there shall be one alderman elected from each ward in said city for two years. Terms of offices. Sec. 4. Be it further enacted by the authorities aforesaid, That any person eligible to vote for members of the General Assembly, and for mayor and aldermen, shall be eligible to the office of mayor or aldermen; provided, that no person shall be eligible to either said offices, or any other office herein provided for, who is holder, unaccounted for, of any public funds under either the Federal, State, county or city government. All male citizens who are entitled to vote for the members of the legislature are entitled to vote for mayor and aldermen, and a list of qualified voters furnished by the board of registrars of Spalding county for the last regular election shall be prima facie evidence that the person whose name appears thereon is entitled to vote for mayor and aldermen; provided, said voter shall have resided within the corporate limits of said city thirty days prior to the election in which he desires to vote and has paid all taxes due by him to the city of Griffin. And if the name of any person does not appear on said list of qualified voters he may, nevertheless, have his name entered thereon and vote by appearing in person before the clerk or treasurer of the city of Griffin, and make proof that any disqualification which may have existed at the time said lists of registered voters were prepared has been removed by him, and that since said list was prepared and certified he has become a qualified voter under the general laws of this State and under this Act. The laws of this State providing for a challenge of voters for members of the legislature shall apply under this Act. A justice of the peace, or ex-officio justice of the peace, and two male resident freeholders of said city of Griffin shall prescribe and act as managers of the elections under this Act, who shall, before opening the polls, take an oath before each other, or any other officer authorized to administer oaths, to

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impartially manage the election to be held in accordance with the provisions of this Act. Said managers shall keep three lists of voters, number each name on said lists and ballot the same, and shall keep three tally sheets. They shall hear all challenges made to the right of any person to vote, but shall not throw out said ballot, but shall note on the tally sheet the grounds of challenge, the name of the voter challenged, and shall keep a separate list of said votes which have been challenged, and when the polls are closed shall give a certificate of election to the person or persons receiving the highest number of votes, which certificate shall be prima facie evidence of such person's election, and the mayor and council shall install said person into the office to which he has been elected. Any contest of election shall be instituted before the ordinary of said county, as now provided by law, but shall not be heard or determined until the party thereto who received his certificate of election has been installed into the office to which he was elected. In case any person applying to have his name entered on the list of registered voters by the clerk and treasurer is denied the right to have his name so entered by said officer, he may appeal to the mayor and council, and the mayor is authorized to immediately convene the council in special session to determine the appeal, and the action of the council shall be final and conclusive of the question. Officers and voters. Qualification of. Elections. Contests. Sec. 5. Be it further enacted by the authorities aforesaid, That the mayor and council shall prescribe the time for the opening and closing the polls. The managers, after counting the votes and declaring the result, shall seal up and deposit with the clerk and treasurer the lists of voters, tally sheet, etc., ballots, and all challenges made and their action in the premises, that the same may be used in evidence in any contest, or used in evidence for any other purpose. The mayor and council shall provide for the payment of election managers. List of voters. Sec. 6. Be it further enacted by the authorities aforesaid, That the mayor and each alderman-elect, before entering upon the duties of their respective offices, shall take and subscribe before a justice of the peace, or before the mayor, or other officers authorized to administer oaths, the following oath: I, A B, do solemnly swear that I will discharge the duties of the office of mayor (or alderman, as the case may be) impartially and to the best of my ability; that I am not the holder, unaccounted for, of any public funds of either the State or Federal government, or of any county in this State, or of this municipal government, so help me God. Oath of officers. Sec. 7. Be it further enacted by the authorities aforesaid, That

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the mayor and council shall elect a mayor pro tem. annually, who, when the mayor is absent from the city, is sick, or for any reason legally disqualified from presiding, shall preside as mayor, and shall be clothed with all the powers conferred upon the mayor by this Act, or that may be conferred upon the mayor by the ordinances of the council. The mayor and council, in case of vacancy in either the office of mayor or alderman, by death, resignation or expulsion from office, or removal from the city, shall have power to order an election to fill the same; provided, as much as six months of the term of office has not expired, and if the unexpired term is not as much as six months, then in case of a vacancy in the mayor's office the mayor pro tem. shall discharge the duties of that office; and in case of a vacancy or vacancies of aldermen in the office of alderman, the same shall remain unfilled, unless the number is reduced below six, in which event the vacancy shall be filled by an election. Mayor pro tem. Vacancies. Sec. 8. Be it further ordained by the authority aforesaid, That to constitute a quorum there must be present the mayor and the majority of the board of aldermen in office, or the mayor pro tem. and the majority of the board in office, not counting the mayor pro tem. Quorum Sec. 9. Be it further enacted by the authorities aforesaid, That the mayor and council shall have power and authority to punish, either by fine, censure or imprisonment or expulsion, the mayor and any member of the council for absence from the meeting of council, for disorderly behavior or misconduct; but a vote of two-thirds of the entire vote in office shall be necessary to expel either the mayor or aldermen from office. Mayor and councilmen, demeanor. Sec. 10. Be it further enacted by the authorities aforesaid, That the clerk and treasurer shall be elected at the same time and in the same manner that the mayor is elected, and shall hold his office for two years. No person shall be eligible to this office who is not eligible to the office of mayor, and if the person receiving the highest number of votes is for any reason ineligible, the mayor and council shall order a new election at such time and on such notice as mayor and council may determine. This officer shall give bond in such sum and with such security, and take such oaths before entering upon the discharge of his duty, as the mayor and council may prescribe. The mayor and council shall have the power to punish such officer for failure to discharge any duties required of him, for disorderly behavior or misconduct, by fine, imprisonment, or both, or expulsion from said office. In case of vacancy in this office by death, resignation or expulsion from office,

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or removal from city, the mayor and council shall elect some eligible person to fill same. The mayor and council shall have power to declare by ordinance what duties are to be performed by him, and to prescribe a penalty for the failure to perform any duties required of him, and to determine how this officer shall be tried for such failure. And the said clerk and treasurer shall not receive a salary of more than $1,200.00 per annum, payable monthly out of the city treasury, which shall be full compensation, and all fees turned into treasury. Clerk and treasurer. Sec. 11. Be it further enacted by the authorities aforesaid, That the mayor and council of the city of Griffin shall annually elect, in addition to the six regular policemen, a chief of police; said chief of police shall be ex-officio marshal of said city of Griffin, and shall have the authority and power of a marshal. That said chief of police shall be required to give bond in the same sum and manner that the clerk and treasurer of said city is required to give bond, and that said chief of police shall receive a salary of not more than $60.00 per month, and that the chief of police shall have charge of and collect all fi. fas. issued by the clerk and treasurer against defaulting tax payers, and shall levy said fi. fas. and advertise the property upon which same is levied for sale in the official organ of said city, and make a deed to the same, in case said taxes are not paid and perform such other duties as may by ordinance be required of him. That the said chief of police shall be subject to the authority of the mayor and council, shall be punished for failure to do his duty, and for disorderly behavior and misconduct in the same manner as is provided for punishment of the clerk and treasurer. In case of vacancy from any cause in this office, the mayor may deputize any regular policeman of said city to discharge the duties of the said office until such vacancy is filled. The acting chief of police shall receive the same salary as the chief of police. Said chief of police shall be elected by the mayor and council at the same time and in the same manner as the regular police are elected, for a term of one year. Said chief of police shall receive no perquisites of his office, but pay them into the treasury. Policemen. Sec. 12. Be it further enacted by the authorities aforesaid, That the mayor shall not receive more than $400.00 per annum as a salary, payable monthly. That the aldermen shall not receive a salary of more than $50.00 per annum, payable annually. And that such stated salary shall not be increased or diminished during the term of office for which they are elected. Salaries. Sec. 13. Be it further enacted by the authorities aforesaid, That

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the mayor and council shall elect, in addition to the six regular policemen, one janitor. That the policemen shall be paid in such sum as the mayor and council may determine, not to exceed $50.00 per month, and said janitor shall be paid as the mayor and council may determine, not to exceed $25.00 per month. That extra policemen shall receive the same salary paid the regular policemen. Regular policemen, extra policemen and janitor may be discontinued by the mayor and council any time, either for or without cause. And the mayor and council shall have the power to prescribe the duties to be performed by these officers, and fix salaries, and fix a penalty for a failure or refusal to perform the duties required of them, and to prescribe the mode and manner for trying such failures or refusal to perform their duty. Janitor and policemen, pay of. Sec. 14. Be it further enacted by the authorities aforesaid, That the mayor and council shall have power and authority to levy and collect a tax annually of not exceeding one and one-quarter per cent. upon all and every species of property, both real and personal, within the limits of the city of Griffin, including bonds, notes, debts, choses in action, money employed in banking, and otherwise, but no tax shall be levied and collected upon property except to pay the existing debts of the city and interest that has, or may, accrue on the same, and the current expenses of the city government, and such debts as are authorized by this Act; provided, the incurring of such debts is authorized by a vote of two-thirds of the qualified voters of said city of Griffin, as herein provided for; provided, that the money arising from license, street or commutation tax, fines, forfeitures and costs, shall be first applied to the payment of the current expenses of the city government, and if there should be any deficiencies remaining, such deficiencies shall be supplied by the taxes raised as herein provided, but in no event to exceed one-fourth of one per cent. on the value of the property assessed and collected. And the tax levied and collected shall be applied as follows, or such amount or proportion thereof as is necessary: For current expenses, one-quarter of one per cent. of assessed valuation; for public schools, one-quarter of one per cent. of assessed valuation; for gas, water and electric lights, one-quarter of one per cent. of assessed valuation; for bonded debts and interest thereon, one-half of one per cent. of assessed valuation. The collection of taxes may be enforced by the issue of executions, levy and sale, in such manner as mayor and council may prescribe. All funds shall be kept separate and be used for the purpose for which they are levied, and for no other purposes whatever. Property tax. Sec. 15. Be it further enacted by the authority aforesaid, That

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the mayor and council shall have the power to adopt such ordinances and regulations as they may deem proper, not in conflict or inconsistent with the Constitution and laws of this State, or the Constitution and laws of the United States, for the control and government of the market in said city; to secure order and quiet in the city; to protect the health of the city and prevent the spread of contagious diseases; to protect the morals of the city; to prevent fire, or the spread thereof; to prescribe fire limits, and the character of buildings to be erected within such limits; to condemn buildings which are, or may become, dangerous to life or health; to establish and maintain a fire department; to regulate the sale of liquors, and fix the license fee for the sale of the same; to prescribe a license to be paid by any person engaged in any business in the city; to prescribe the fees and charges of common carriers within the city; to prescribe a license to be paid by any person engaged in giving exhibitions, shows, lectures, or any public entertainment of any character whatever; to prescribe the mode and manner of trying all charges of nuisance in the city, and the abatement of the same; to prohibit lewd or other houses where immoral practices are had; to punish idling and loitering within the city, and to adopt any ordinance necessary to the good government, health or peace of the city. But the mayor and council shall never have the authority to create any debt or liability of any kind or character whatever against the city without a vote of two-thirds of the qualified voters of the city being cast therefor in an election called for that purpose. General powers. Sec. 16. Be it further enacted by the authority aforesaid, That the city of Griffin shall have power and authority to lay out, construct and maintain a system of sewerage in said city, and provide for the construction and maintenance of the same by the issuing of bonds when authorized so to do at an election called and held for that purpose under the general law of the State. Sewerage. Sec. 17. Be it further enacted by the authority aforesaid, That the city of Griffin shall have power and authority to own, control and operate a system of electric light and waterworks, and to improve and extend the same, and pay therefor by bonds issued when an election is called and held therefor under the general law of the State. Electric lights and waterworks. Sec. 18. Be it further enacted by the authority aforesaid, That the Acts of the General Assembly of Georgia, as now of force, approved August 8, 1881, and Sept. 9, 1889, relating to a system of public schools in said city, remain of full force and effect. Public schools. Sec. 19. Be it further enacted by the authority aforesaid, That

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the mayor and council shall have power to prescribe punishment for the violation of any ordinance of said city, which may be by a fine or imprisonment, or to work in the city chain gang, as prescribed by the criminal court of Griffin, but in no event shall the fine be more than one hundred dollars, imprisonment more than sixty days, or work in chain gang for more than sixty days. Imprisonment and work in chain gang shall be in the alternative, and the criminal court of Griffin shall have power and authority to try and punish persons for retailing liquor without license, and in all trials for the violation of the ordinances of said city the criminal court of Griffin may compel the attendance of witnesses from any portion of the State, and to this end have subpoenas issued for witnesses, and may punish witnesses failing and refusing to obey such subpoena as for a contempt by imprisonment or work on the chain gang not exceeding thirty days, or fine not exceeding $50.00. Punitive powers. Sec. 20. Be it further enacted by the authorities aforesaid, That the mayor and council shall have the power to prescribe the mode of taking bond for appearance before the criminal court of Griffin of persons charged with the violation of the ordinances of said city, also the mode of forfeiting such bonds, and when a bond is forfeited the clerk and treasurer of said city shall have the authority, and it shall be his duty, to issue an execution instanter against principal and security on such bond, and cause the same to be levied and collected by the chief of police in the same manner as executions against defaulting tax payers, and the principal in such bond shall be immediately rearrested and brought before the court for trial. Trials by the criminal court of Griffin for the violation of any ordinance shall be had upon written information, or upon accusation by the police, regular or extra, or any citizen, a copy of such information shall be furnished to the person charged therein with the violation of the ordinance, and the chief of police, or any policeman in said city, is hereby authorized and empowered to follow such persons into any city and county in this State and arrest them. When a copy of such information is delivered to such person he or she shall give bond in each case, not to exceed three hundred dollars, or deposit collaterals or money to secure his or her attendance at the trial, and when such bond is given, or collaterals or money deposited, such person shall be discharged from custody by the officers. The terms of the criminal court of Griffin shall be held regularly on each Monday, but said court is hereby authorized to convene in a special term at any time for the purpose of trying persons charged with the violation of any municipal ordinance, and as a commitment court for the purpose of binding over to the superior

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court of Spalding county, or city court of Griffin, persons charged with the violation of penal laws of this State, and said court is hereby authorized and empowered to bind over to said courts any persons charged with the violation of the laws of this State, and any person whom the evidence discloses as guilty of the violation of said laws. Neither the chief or any regular or extra policeman shall arrest any person without information being filed, unless the person charged with the violation of an ordinance does so in the presence of such policemen, or is escaping, or endeavoring to escape, and if such person is arrested without such information being filed the officer making the arrest shall go immediately before the mayor, or some alderman, and cause information to be issued for the person so arrested. Appearance bonds. Trials in criminal court. Terms of court. Arrests. Sec. 21. Be it further enacted by the authority aforesaid, That the mayor and council shall have the power to cause to be issued executions against all persons failing to pay the license required of them, which may be enforced by a levy on and sale of such person's property; they shall also have the power to require the chief of police to make deeds to all real estate sold by him, and to put purchasers at his sale in possession of property sold by him in such manner and within such time as the mayor and council shall by ordinance direct. License fees, how collected. Sec. 22. Be it further enacted by the authorities aforesaid, That the mayor and council shall have the power and authority to require each and every male inhabitant in the city between the ages of 18 and 50 to work the streets at such time and for such length of time as may be prescribed by ordinance; provided, however, that any person liable to work on the street shall be exempt from such duty by the payment of such sum of money, in lieu of work, as the mayor and council may prescribe, or by proof that he is an active member of the fire department, paying dues thereto, or a member of a military company; provided, that no person shall be exempt unless his name appears upon a list of members of fire or military companies filed the first day of March each year by the secretary of such companies, which list shall be accompanied by affidavit of officers that persons whose names appear thereon are active members and have paid all dues to said company. Streets, how worked. Sec. 23. Be it further enacted by the authorities aforesaid, That the mayor and council shall have the authority to prescribe the manner and mode of trying offenders against the laws and ordinances of said city as to the form of any accusation made and the mode of conducting such trials. Procedure in criminal court.

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Sec. 24. Be it further enacted by the authorities aforesaid, That the mayor and council shall have authority to select an overseer of the street hands, or superintendent of the chain gang, if one should be established by them, at a salary not exceeding forty dollars per month, payable monthly, and to suspend or discontinue such officer at pleasure, with or without cause, and said overseer shall have the same power and authority as by ordinance may be conferred upon the police. Superintendent of chaingang. Sec. 25. Be it further enacted by the authorities aforesaid, That the said mayor and council, in their discretion, may receive into the chain gang, organized in said city for work therein, persons convicted either in the superior court of Spalding county, or city court of Griffin, of offenses of which such persons so convicted are sentenced to work in the chain gang, and to enforce such penalties by proper rules and regulations for the government and control of such persons so sentenced Convicts. Sec. 26. Be it further enacted by the authorities aforesaid. That the said mayor and council shall have the power to appoint assessors of all real estate subject to taxation within said city, not exceeding three in number, who shall be freeholders, who shall, under oath, be required impartially to execute the duties of their office, and when required proceed to assess as subject to taxation all real estate within the limits of said city, and place upon the same the fair market value thereof, and report the same to the clerk immediately upon such assessments, who shall give public notice thereof in such manner as may be prescribed by ordinance. And in case of disagreement between the tax payer, his agent or attorney, and said assessors, as to the value of any property thus assessed, there may be an appeal to the next meeting of council by notice, either written or verbal, whose decision in the matter may be reviewed by the superior court of Spalding county by an appeal to a jury therein, if filed in writing within four days of the rendition of judgment. The same shall be entered on the docket and tried in the superior court as other issues of fact. Tax assessors. Sec. 27. Be it further enacted by the authorities aforesaid, That the registration of the legal voters of said city shall be made annually before the clerk of said city council, under such rules and regulations as the mayor and council may prescribe; said registration to commence not more than twenty days, and be completed at least ten days, before the annual election held in said city. Said registration shall be open and public at such place as may be designated by the mayor and council in said city, and the books thereof be subject to public inspection at any time; and should any dispute

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arise as to the right of any person to register, the same shall be determined by said mayor and council before such election is held. Registration of voters. Sec. 28. Be it further enacted by the authorities aforesaid, That the mayor and council shall have the power and authority to establish a chain gang, to be worked on the streets, or such other place in said city as the mayor and council may direct, and to pass all ordinances necessary for the control to work, and for the government and safe-keeping of, the convicts, and for the punishment of same for insubordination and disobedience. Chaingang. Sec. 29. Be it further enacted by the authorities aforesaid, That the mayor shall be ex-officio judge of the criminal court of Griffin, and shall preside in all cases tried therein, except when there is a vacancy in the office of mayor, or the mayor is absent from the city, or is for any reason disqualified from presiding, when the mayor pro tem., or any alderman, may preside in said court, who shall be clothed with all the authority and power of the mayor. This section shall not, however, go into effect until the expiration of the term of the present judge of the criminal court of Griffin. Mayor, judge of criminal court. Sec. 30. Be it further enacted by the authorities aforesaid, That the city of Griffin shall own and have full and exclusive dominion and control over all streets, lanes, alleys and sidewalks in said city, and shall be required to keep and maintain the same in reasonably safe and passable condition. Streets. Sec. 31. Be it further enacted by the authorities aforesaid, That there shall be elected by the mayor and council at the last meeting in December, 1902, a city attorney, whose term of office shall be for two years from January 1, 1903, and for a like term each succeeding two years, and who shall be paid an annual salary in monthly installments of not exceeding $300.00 per annum, which shall not increase or diminish during his term of office. His duties shall be as prescribed by the mayor and council. City attorney. Sec. 32. Be it further enacted by the authorities aforesaid, That there shall be an election annually by the mayor and council of said city of a city sexton, who shall receive a salary not exceeding the sum of $40 per month, and who shall charge such a fee as may be fixed by the mayor and council for each and every interment made by him, and pay the same into the city treasury. City sexton. Sec. 33. Be it further enacted by the authorities aforesaid, That there shall be elected annually by the mayor and council of said city, at the last meeting in December, two engineers for the fire department, who shall receive for their services each a salary not exceeding $120 per annum, payable monthly. Engineers.

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Sec. 34. Be it further enacted by the authorities aforesaid, That this Act shall take effect from and immediately after this passage, but the mayor and aldermen, chief of police, clerk and treasurer, city attorney, city engineer, city physician, and city sexton and judge of criminal court, shall hold their offices until their successors are elected and qualified; the time of the election of the successors of said officers shall be at the same time as the election would have occurred had this Act not been passed; provided, they shall receive no greater compensation for their services than are prescribed by this Act; provided, that the clerk and treasurer's salary and fees shall not be increased or diminished during his present term of office. Tenure of present officers. Sec. 35. Be it further enacted by the authorities aforesaid, That all the ordinances of said mayor and council now of force, not inconsistent with this Act, or the laws of this State, are hereby declared valid and binding until modified, altered or repealed by said mayor and council of Griffin. Ordinances ratified. Sec. 36. Be it further enacted by the authorities aforesaid, That the Act of the General Assembly of Georgia, approved Feb. 15, 1876, to incorporate the city of Griffin, and the Act approved August 28, 1883, to amend Act of 1876, and Act approved December 3, 1880, to amend Act of 1876, and Act approved September 14, 1883, to amend Act of 1876, and Act approved December 2, 1884, to amend Act of 1876, and Act approved October 13, 1887, to amend Act of 1876, and Act approved December 15, 1892, to amend Act of 1876, and such parts of the Act approved December 16, 1897, to amend said Act of 1876 as is in conflict herewith, and all other Acts in conflict or inconsistent with this Act, be, and the same are, hereby repealed. Repealing clause. Approved Nov. 27, 1901.

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HARMONY GROVE, CITY OF INCORPORATED. No. 226. An Act to incorporate the city of Harmony Grove, in the county of Jackson, and to prescribe its limits; to provide for a mayor and aldermen, and other officers of said city, and to prescribe their powers and duties, and the manner of their elections; to declare and provide the police powers of said city, and provide for all matters of municipal concern and cognizance; to provide that all valid bonds and contracts heretofore entered into by the corporate authorities of the town of Harmony Grove shall be good and valid for and against the city of Harmony Grove, and all property now held and owned by the town of Harmony Grove shall be and become the property of the city of Harmony Grove; to provide for the issuing of bonds for the establishing of electric light plants and waterworks and drainage system, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That the inhabitants of the territory hereinafter designated and defined are hereby corporated under the name and style of the City of Harmony Grove, and made a body corporate and politic with perpetual succession; may have and use a common seal; may sue and be sued; may plead and be impleaded in any courts of law or equity in the State; shall be capable in law or equity to purchase, have and hold, receive and enjoy, possess and retain for corporate purposes, all property, both real and personal, within or without the jurisdictional limits of said city of Harmony Grove, and may sell or otherwise dispose of the same for the benefit of said city as the mayor and council may deem proper; said mayor and council shall have power and authority to pass all ordinances, by-laws and regulations, not in conflict with the Constitution and laws of the State, or of the United States, or of this charter, that may seem best and proper for the general welfare of said city and the inhabitants thereof. Harmony Grove, corporate name and powers. Sec. 2. Be it enacted by the authority aforesaid, That the corporate limits of said city shall be as follows: Beginning at an iron pin in the center of the Southern Railway track at the depot in said city and extending one mile north along said railroad, and one mile and three hundred yards south alongside railroad, and on the east side of said railroad the corporate limits extends one-half

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of a mile from said railroad for the whole distance and parallel thereto; the west limits of said city shall be four hundred yards from said railroad for the whole distance and parallel thereto. Corporate limits. Sec. 3. Be it enacted by the authority aforesaid, That the next election which is to be held in said city shall be held on the first Wednesday in December, 1901, and biennially thereafter, except as hereinafter provided for, at which election a mayor and six councilmen shall be elected, the councilmen to be elected from the city and from the different wards of the city, as hereafter provided. The mayor in all cases shall hold his office for the term of two years, and until his successor shall be elected and qualified (said mayor to be ineligible for a second term, but eligible again thereafter), and in the event the said office of mayor shall become vacant by death, removal, resignation or otherwise, the mayor pro tem. shall act in his place till otherwise provided for, and should the office of mayor pro tem. likewise become vacant, a majority of the council shall order a new election for mayor to fill the unexpired term, by giving at least ten days' notice in any one or more of the papers published in said city, or at two or more public places in said city, and said election so held shall be so conducted and managed in the same manner and the result declared in the same way as in the general biennial election; provided, however, that if the vacancy should occur within three months of the expiration of his term of office the councilmen acting as mayor pro tem. shall act during the balance of his term, but in all other cases the election shall be had. Mayor and councilmen, election of. Mayor pro tem. Sec. 4. Be it enacted by the authority aforesaid, That the mayor shall be chief executive officer of said city; he shall see that all the laws and ordinances of the city are faithfully executed; shall examine and audit all accounts against the city before payment; shall have a salary, fixed by the council of the preceding year before his election; he shall have power to convene the council in extra session whenever in his judgment the exigencies of the case may require it. Mayor powers of. Sec. 5. Be it enacted by the authority aforesaid, That the mayor, or in his absence or disqualification the mayor pro tem., shall have full power and authority to hold at such times and places, and under such rules and regulations as may be prescribed by ordinances, a mayor's court for said city, and impose such fines and penalties for violations of the city's ordinances as may be prescribed therein, not exceeding five hundred dollars and imprisonment and labor on the public works on streets of said city not exceeding sixty days; provided, however, that such authority may be

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conferred upon any member of the council to so act as mayor pro tem. Mayor's court. Sec. 6. Be it enacted by the authority aforesaid, That the mayor shall be to all intents and purposes a justice of the peace so far as to authorize him to issue warrants for the arrest of persons for committing offenses within the corporate limits of said city, which warrants shall be executed by the marshal or chief of police, and commit to the jail of the county of Jackson, or admit to bail offenders for their appearances at the next superior or city court thereafter, and it shall be the duty of the jailer of the county of Jackson to receive all such persons and safely keep them until discharged by due process of law. Mayor, ex-officio a justice of the peace. Sec. 7. Be it enacted by the authority aforesaid, That except in cases of a tie vote in the council the mayor shall not be permitted to vote on any question or ordinance. All ordinances and resolutions when passed by the council shall be submitted to the mayor for his approval or veto, and he shall have four days after the meeting of such council at which such ordinances or resolution is passed and submitted to him in which to approve or veto the same, and in case the mayor vetoes such ordinances or resolution he must return the same to the next meeting of the council specifying in writing the grounds or reasons why he disapproves or vetoes the same; provided, however, the council by a two-thirds vote may pass such ordinances or resolution over the veto of said mayor, or mayor pro tem. Mayor, power to vote and veto. Sec. 8. Be it enacted by the authority aforesaid, That at the first meeting in January after such regular biennial election the mayor shall administer the oath of office to the newly elected councilmen and appoint the standing committees for their term of office. At such elections the councilmen shall elect by ballot one of their number as mayor pro tem., and shall also elect a marshal or chief of police, clerk and treasurer, and such other officers or attorney as they may deem best for the government of said city and the better enforcement of the laws and ordinances of the same. The salaries of said councilmen, clerk, treasurer, marshal, chief of police, or deputy marshal shall be fixed by the preceding mayor and council, and shall not be increased during their term of office. The mayor shall preside at such elections, but shall not vote except in case of a tie, and he shall be ex-officio a member of all the standing committees. Officers, oath of and their election. Sec. 9. Be it enacted by the authority aforesaid, That if it should happen that the mayor and mayor pro tem.'s office should become vacant, or both should be disqualified to act, the clerk

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shall call a special meeting of the council, and if the councilmen find such vacancy or disqualification to exist, they shall proceed to elect another mayor pro tem., either temporarily or for the remainder of the term, as the case may be, and while so acting shall have all the powers and authority as the mayor. Mayor pro tem. Sec. 10. Be it enacted by the authority aforesaid, That before entering upon the discharge of his duty the mayor shall take and subscribe before a judge of the superior court, or city court, or justice of the peace, the following oath: I swear that I will faithfully and impartially demean myself as mayor during my continuance in office. I have not, in order to influence my election to this office, directly or indirectly, promised my vote or support to any person for office in the city government of Harmony Grove, nor for any other office. I will not knowingly permit my vote, in the election or appointment of any person to a position in the city government, to be influenced by fear, favor or official reward, but in all things pertaining to my said office I will be governed by what in my judgment is for the public good and the best interests of said city. Mayor. oath of. Sec. 11. Be it enacted by the authority aforesaid, That the said mayor shall administer the same oath as he takes to each of the members of the council, and any person found guilty of violating his oath, or of falsely swearing to the same, upon a fair and impartial trial before the mayor, or mayor pro tem., as the case may be, shall forfeit his office, and the acting mayor shall declare his office vacant, and he shall be disqualified from holding any city office thereafter. Oath of office, violation of. Sec. 12. Be it enacted by the authority aforesaid, That the legislative department of said city shall be vested in a mayor and board of councilmen. The mayor and councilmen shall be named and styled the mayor and council. Municipal government and name. Sec. 13. Be it enacted by the authority aforesaid, That the said city shall be divided into four wards, the first ward to be bounded as follows: Commencing at an iron pin in the center of the Southern Railway tracks, in front of C. W. Hood's storehouse, now occupied by W. B. Herdman as a drug store, where Central avenue crosses said railroad; thence along said railway track to Homer street; thence to incorporate limits; from Nichols' corner to State street, in front of said C. W. Hood's storehouse; thence along said State street to the incorporate limits. The second ward shall be bounded as follows: Beginning in front of said C. W. Hood's storehouse at the corner of South Broad and Central avenue, and to State street, and thence along State street to incorporate limits;

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thence along the incorporate limits south to Madison street, and on to the W. C. Farrabee old residence; thence along the Southern Railway track to the beginning corner. The third ward shall be bounded as follows: Beginning at the corner of Central avenue and South Elam street at Herdman's sanitarium; thence along Central avenue to incorporate limits; thence south to a corner behind the W. F. Stork's residence; thence northeast to Southern Railway at the rear of W. C. Farrabee's old residence; thence along the Southern Railway to the beginning corner. The fourth ward shall be bounded as follows: Beginning at the corner of Central avenue and South Elm street; thence along Southern Railway track to Homer street; thence along Homer street to the incorporate limits; thence along the incorporate limits northwest to the limits of said city; thence northeast to Central avenue, near C. W. Hood's springs; thence along Central avenue to the beginning corner. There shall be one councilman elected from each of these four wards, who shall hold their terms of office for two years, and till their successors are elected and qualified. City wards. Sec. 14. Be it enacted by the authority aforesaid, That there shall be two councilmen elected from the city at large, who shall hold their office for the term of two years, to be elected at the same time and in the same way as the mayor and the other four councilmen are elected. Sec. 15. Be it enacted by the authority aforesaid, That the regular sessions of the mayor and council shall be held on the first Monday of each and every month. Meetings of council. Sec. 16. Be it enacted by the authority aforesaid, That the mayor and council shall have power and authority to lay off, close, vacate, open, alter, curb, pave and keep in good order and repair all streets, alleys, sidewalks, cross walks, drains and gutters for the use of the public, or any of the citizens thereof, and to improve and light the same and have them kept free from obstructions on or over them; to regulate the width of sidewalks on the streets, and to order the sidewalks, footways, cross walks, drains and gutters to be curbed and paved and kept in good order, free and clean, by the owners and occupants thereof, or if the real property next adjacent thereto; to establish and regulate markets; to prescribe the time of holding the same; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle, sheep and other animals, and fowls of all kinds, from going at large in said city; to protect places of divine worship in and about the premises where held; to abate or cause to be abated anything which in the opinion of the mayor

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and council shall be a nuisance; to regulate the keeping of gunpowder and other combustibles; to provide in or near said city places for the burial of the dead, and to regulate interments therein; to provide for the regular building of houses or other structures, and for the making of division fences by the owners of adjacent premises, and the drainage of lots by proper drains and ditches; to make regulations against danger by fire, and to prescribe limits in which no wooden building shall be erected; to protect the property and persons of the citizens of said city, and to preserve peace and good therein, and for this purpose the said mayor shall appoint when necessary a police force to assist the marshal or chief of police in the discharge of such duties; to prescribe the powers and define the duties of all the officers appointed by or elected by said mayor and council, fix their terms of office and compensations, require and take from them bonds when necessary, payable to such city in its corporate name, with such security and with such penalty as the mayor and council may see fit, conditioned for the faithful discharge of their duties; to erect or authorize or prohibit the erection of gasworks or waterworks in said city, to prevent injury to or pollution of the same, or to the water or healthfulness of said city; to regulate and provide for the weighing of hay, coal and other articles sold or for sale in said city, and to provide a revenue for said city, and to appropriate the same to the expenses of said city; to issue bonds as hereinafter provided for; to provide for the annual assessments of property therein, and to pass all other laws and ordinances and regulations concerning contagious diseases; to make vaccination compulsory if deemed advisable by the mayor and council for checking the spread of smallpox in said city, and to pass all laws, rules, ordinances and regulations necessary for the protection of the inhabitants of said city against smallpox, and for the care of those who may have smallpox. Mayor of council power of. Sec. 17. Be it enacted by the authority aforesaid, That the mayor and council shall have the power to pass all laws and ordinances governing public meetings and speaking in said city, so as to prevent the obstructing of the streets of the same by disorderly crowds. Public meetings. Sec. 18. Be it enacted by the authority aforesaid, That all officers elected biennially shall hold their offices till their successors are elected and qualified, and in case of a vacancy by death, resignation, removal or otherwise, the mayor, or in case he cannot act, the councilman acting as mayor pro tem. for the time being shall order a new election by giving at least ten days' notice in

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one or more papers of said city, or two or more places in said city, and said election so held shall be managed in all respects as the general election. Terms of office. Vacancies. Sec. 19. Be it enacted by the authority aforesaid, That the mayor and council shall have power and authority to lay down sewers through the lands of any persons in said city, provided that adequate compensation be made to such owner for such damages sustained, and said mayor and council shall have power to pass all laws and ordinances and regulations by which such damages shall be estimated, as well as to provide how, who, and in what manner residents of said city shall connect with said sewers, and where they shall not connect, and shall have power to disconnect any private sewer from the sewers of said city when the health and best interest of the city requires it. Sewers. Sec. 20. Be it enacted by the authority aforesaid, That at the first meeting of the mayor and council in December, 1901, and biennially thereafter, there shall be appointed by the mayor and council one person from each ward in said city, who shall hold and superintend all elections held in said city for the term of two years; the person so appointed must be a freeholder, justice of the peace or notary public, and whenever a vacancy occurs the mayor is authorized to fill the same; and before entering upon their duties as managers or superintendents of said election, they 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 all freeholders, justice of the peace, notary publics (as the case may be) residing in said city, and in the respective wards thereof; that we will make a just and true return thereof, and we will not knowingly permit any one to vote in this election unless we believe he is entitled to vote according to the law of said city, nor will we knowingly prohibit any one from voting who is by law entitled to vote, to be signed by each in the capacity in which he acts; said oath may be administered by any person in Jackson county qualified to administer oaths, or by each other; said managers shall keep two lists of voters and two tally sheets, and where councilmen from the different wards are being voted for, they shall keep the lists of voters and tally sheets from each ward respectively; provided, that these lists of voters and tally sheets from the different wards shall only be kept when nominating councilmen from them, or when a special election may be called in any ward for such purpose. Election managers. Oath of. Sec. 21. Be it enacted by the authority aforesaid, That the

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polls of said elections shall be opened from 9 o'clock a. m. till 4 o'clock p. m., when they shall be closed and the managers of said election shall proceed to count the ballots and consolidate the returns of said elections and certify the same. They shall keep two lists of voters and two tally sheets, and shall make certificates of the result of each tally sheet, and shall place one of said tally sheets and one list of voters, together with the ballots, in an envelope or box sealed up, with the clerk of said city. The other list of voters shall be kept by said managers in some safe and secure place for the inspection of the mayor and council and others interested. The clerk of said city shall declare the result of said election within five days after said election is held, and give to those elected a certificate showing the same. Elections. Sec. 22. Be it enacted by the authority aforesaid, That all persons who shall have paid all taxes legally imposed by the city authorities, except taxes for the year in which the election is held, who may have been bona fide residents of said city for sixty days previous to the time when the election is held, who have registered as qualified voters of the city, as hereinafter provided for, and who are qualified to vote for members of the General Assembly of Georgia, except registration in the books kept by the county tax collector or registrar shall not be considered a necessary qualification, shall be electors, and be entitled to vote at said city election, and no others shall be qualified to vote. Voters. Sec. 23. Be it enacted by the authority aforesaid, That the clerk or treasurer, or such other person as may be designated by the mayor and council, shall open a list or book for the registration of voters, ample notice of which shall be given by publication in a paper of said city, or by posting in two or more places for at least fifteen days prior to any election, which list or book shall be finally closed for registration five days before said election, after which time no person shall be allowed to register. Each and every person registering shall give the number of the ward that he lives in, and the same shall be so recorded by the registrar, and each and every person applying to be registered shall make oath before the registrar in whose possession the list or book of registration is, who is hereby authorized to administer the same, which oath shall be written or printed on said list or book of registration as follows: I swear that I am 21 years of age, or will be by the time of the election now next to be held in said city of Harmony Grove. By the next municipal election in the city of Harmony Grove I will have resided in the State of Georgia twelve months, and in Jackson county six months, and in the city of Harmony Grove

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sixty days. I have paid all taxes, State, county and municipal, required of me, except for the present year, and I am not otherwise disqualified to vote at said election. Any person registering and voting not qualified according to the foregoing oath shall be guilty of the offense of a misdemeanor, and shall be punished as prescribed in section 1039 of the Code of 1895. Registration of voters. Registration oath. Illegal registration. Sec. 24. Be it enacted by the authority aforesaid, That the registrar shall furnish the list or book of registration to the managers of the election, with an alphabetical list of the names of the registered voters, at the opening of the polls, and a like list of the names from the different wards, and the managers shall be the judges of the qualifications of all registered voters. Registration list. Sec. 25. Be it enacted by the authority aforesaid, That all primary or nominating elections for the purpose of selecting candidates to be voted for in the general elections shall be held and conducted in the same way and manner, and by the same persons, as the general elections are held; provided, that in these primary or nominating elections the managers shall, in addition to the keeping of proper list of voters and tally sheets heretofore provided for, also receive the votes of the persons from the different wards qualified to vote for councilman in such ward, and the person receiving a plurality of the votes of any ward shall be declared the nominee for councilman of such ward, and that one receiving a plurality for mayor shall be declared to be the nominee for mayor, and those two receiving a plurality for councilman-at-large shall likewise be declared the nominees. And in the general elections that candidate receiving a majority of all the votes cast for such office where there are only two running for the same office shall be elected; but should it occur that in the general election more than two persons were candidates for the same office, that person receiving a plurality shall be declared elected. Primary elections. Sec. 26. Be it enacted by the authority aforesaid, That the mayor and council preceding their appointment shall fix the compensation of the managers of the elections in said city, as well as designate the place where the same is to be held. Election managers, compensation of. Sec. 27. Be it enacted by the authority aforesaid, That the present officers of the town of Harmony Grove, to wit, George B. Herdman, mayor; C. J. Hood, H. O. Williford, John M. Carson and C. T. Barber, councilmen, and L. L. Davis, clerk, and W. B. Brown, treasurer, and G. L. Carson, Jr., marshal, and T. F. Quillian, night watchman, be, and they are, hereby declared lawful officers of the city of Harmony Grove under this charter until

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the first day of January, 1902, and until their successors are elected and qualified, as provided in this charter. Officers appointed. Sec. 28. Be it enacted by the authority aforesaid, That the mayor and council at their first meeting in February in each and every year shall appoint three freeholders of said city to assess the real estate of said city at its value and to fix the compensation of the assessors. When said assessors have completed their work they shall give notice of said fact for ten days by publication in a paper of said city, or by posting notice in two or more places therein, and any property owner dissatisfied with the assessment of his or her property shall have the right to appeal from said assessment to the mayor and council, and the mayor and council's decision in the matter shall be final. Tax assessors. Sec. 29. Be it enacted by the authority aforesaid, That for the purpose of raising a revenue sufficient to meet all the expenses and obligations of said city, the mayor and council shall be authorized to levy and collect an ad valorem tax on all property, both real and personal, inside of the corporate limits of said city, not exceeding one per cent. thereon (or one dollar on every one hundred dollars' worth of property). Property tax. Sec. 30. Be it further enacted by the authority aforesaid, That the mayor and council shall have power and authority to tax and grant licenses to persons keeping markets in said city; to also tax and license theaters, shows, exhibitions and fairs of all kinds, as well as itinerant traders. Special taxes. Sec. 31. Be it enacted by the authority aforesaid, That the mayor and council shall not have power and authority to license or authorize persons to sell intoxicating whiskies or liquors, or beer of whatever kind, by retail or otherwise; nor shall any person keep for sale any such whisky, brandies, beer, etc. Sale of liquor. Sec. 32. Be it enacted by the authority aforesaid, That the mayor and council shall have the power and authority to pass such ordinances as may be necessary or proper to classify business and arrange the various trades and professions carried on in said city, provided the same is not in conflict with the general law of the State. Classification of business. Sec. 33. Be it enacted by the authority aforesaid, That the mayor and council shall have the power and authority to widen, straighten, or otherwise change streets, alleys and all public squares in said city when they deem it best for said city, and to settle the question of damages; they shall appoint two freeholders, and the owner or owners of said lot or lots fronting on the sides of said street or alley shall, on five days' notice, likewise appoint

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two freeholders, who shall proceed to assess the damages sustained, taking into consideration any benefit that such owners might derive from said street or alley being so laid out, straightened, or widened, and in case these four freeholders cannot agree on the damages, if any, they shall select a fifth man who must be a freeholder of said city, and the majority of said arbitrators shall then render their decision, and the same shall be final, unless appealed to the superior court of Jackson county, which either side has a right to do. Said assessors or arbitrators shall each take and subscribe to an oath that they will faithfully discharge their duty without any partiality to either the owners of said premises or to said city. Streets, how laid out. Sec. 34. Be it enacted by the authority aforesaid, That the mayor and council shall have power and authority to pass all laws and ordinances concerning the grading and draining of said streets in said city; to provide for the paving of the same as well as the side-walks, as well as how said paving shall be paid; whether by said city or the adjacent land owners, or both; to prescribe who shall be liable to street work or duty; to provide for the levying and collecting of a street tax in lieu of said work; to provide a penalty against persons failing or refusing to work said streets or to pay the street tax instead of said work. Streets, how worked. Sec. 35. Be it enacted by the authority aforesaid, That the mayor and council shall have power and authority to establish a system of water-works and electric lights in said city for the purpose of supplying water and lights to said city and the inhabitants thereof, and to do any and all things necessary for said purposes; to contract with any person or persons for the purchase of lands and premises for plants, either within or without said city's limits; to make contracts with the inhabitants of said city and to pass all ordinances, rules and regulations necessary and proper for said purposes. Water-works and electric lights. Sec. 36. Be it enacted by the authority aforesaid, That the mayor and council shall have power and authority to levy and collect an annual tax in addition that already provided for, not exceeding twenty-five cents of the hundred dollars, for the purpose of establishing said water-works and electric systems, or either of them. Tax for. Sec. 37. Be it enacted by the authority aforesaid, That the mayor and council are authorized to make such contracts with the inhabitants of said city and other persons for the use of water and

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lights, and on such terms as shall seem reasonable and proper to them. Contracts for light and water. Sec. 38. Be it enacted by the authority aforesaid, That the mayor and council shall have power and authority to issue bonds of said city in such sums and at such times as they shall see proper, not to exceed the aggregate sum of fifty thousand dollars ($50,000), of the denomination of five hundred dollars each, to become due and payable at such times, not exceeding twenty-five years from the date of the issue thereof, as said mayor and council shall determine, and bear interest not exceeding six per cent. per annum, said bond to be issued, sold and hypothecated for the purpose of establishing, maintaining, and operating said water-works or electric light system, or both, and also for the purpose of establishing and aiding in the establishing of a free school system for said city. Said bonds to be signed by the mayor and countersigned by the clerk under the corporate seal of said city, and shall be negotiated in such manner as said mayor and council shall determine to be for the best interest of said city; provided, however, that said bonds shall not be issued until the same shall have been submitted to a vote of the qualified voters of said city, and approved by a two-third vote of the qualified voters of said city voting at such election. Bonds for water and light. Sec. 39. Be it enacted by the authority aforesaid, That the mayor and council shall have power and authority to contract for and condemn any lands in or out of said city for the establishing of said water-works and electric light plants, or either; provided, just and adequate compensation be paid therefor. Land for. Sec. 40. Be it enacted by the authority aforesaid, That whenever it is deemed expedient or desirable by said mayor and council they shall order an election to be held in said city for the purpose of determining whether said bonds shall be issued, and shall give notice thereof for the space of thirty days next preceding the day of election in the newspaper published in said city, and by posting the same in three or more places, notifying the qualified voters that on the day named an election will be held to determine the question whether bonds shall be issued by said city, which notice shall specify the amount of bonds to be issued by said city, for what purpose, and what interest they shall bear, whether the interest is to be paid semi-annually, how much of principal and interest shall be paid annually, and when said bonds shall be fully paid off. Said election shall be held on the day published in said notice at the voting precinct of said city, and shall be held by the

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same persons and in the same manner and under the same rules and regulations that elections for mayor and council are held; and the same qualification of voters of said election shall be required as at the time of said election for mayor and council. That the ballots cast at said election shall contain the words for bonds, or against bonds, and unless for bonds shall receive two-thirds majority of all the voters voting at said election, said bonds shall not be issued, but if for bonds shall receive said two-thirds, said bonds may be issued. Election for bonds. Sec. 41. Be it enacted by the authority aforesaid, That the mayor and council shall have power and authority to levy and collect a tax annually in addition to that already provided for in this charter, not exceeding one-fourth of one per cent. on the taxable property of said city, for the purpose of establishing and maintaining a system of public schools in said city, said fund not to be used for any other purpose; but before said public school system shall be adopted it shall be submitted to the qualified voters of said city, for which purpose the mayor and council are authorized, whenever they deem it expedient and proper, to order an election, of which thirty days' notice shall be given in a newspaper published in said city, or by posting it in three or more places in said city, which election shall be held under the same rules and regulations as elections for mayor and council are held, and the qualification of voters shall be the same. Those favoring said public school system shall have written or printed on their ballots the words for public schools, and those opposed to public schools shall have written or printed on their ballots against public schools, and if two-thirds of the ballots cast in said election be for public schools, this section shall become operative in said city. Should the result of the election in this section provided for be against public schools, the mayor and council shall not call another election for the same purpose till another year has passed. School tax. Election for public schools. Sec. 42. Be it enacted by the authority aforesaid, That should a system of public schools be established in said city, as provided for by the preceding section, the mayor and council shall appoint five freeholders of said city to constitute a board of education of said city, one from each ward in said city and one from the city at large. The term of the one from the city at large shall be five years, and the term of the one from the fourth ward shall be four years, and that one from the third ward three years, the one from the second ward two years, and the one from the first ward one

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year, and their successors shall be elected for the term of five years each by the mayor and councid. In case of vacancies otherwise than by expiration of their term the mayor is authorized to appoint one to fill the unexpired term. Said board shall organize by electing a president and a vice-president from their own number. The superintendent of schools, who shall be elected by said board, shall act as secretary of said board, and the treasurer of said city shall act as treasurer of said board, but shall receive no extra compensation therefor. No member of the board shall receive compensation for his services on said board. Board of education. Sec. 43. Be it enacted by the authority aforesaid, That said board of education provided for in the preceding section shall have power to design and adopt a system of public schools for said city; to appoint or elect a superintendent, and select teachers for the same; to suspend or remove such teachers or superintendent, to fix their compensation; to provide schoolhouses by rent, building, purchase, or otherwise; to make and hold titles to such property, and to make such rules and regulations for the government of themselves and said board and school as they may deem proper, and not in conflict with the laws of this State. No white child shall be admitted into the school established by said board for negro or colored children, and no negro or colored child shall be admitted into the schools for white children. All children who are entitled to public schools under the laws of this State, and whose parents, guardians, or natural protectors, bona fide, reside within the corporate limits of said city be admitted into the aforesaid schools upon payment of such incidental fee only as said board of education may deem necessary. Children of non-residents, and such others as may be entitled to the benefits of these schools, shall be admitted upon such terms as may be prescribed by said board of education not in conflict with the laws of said State; that when said public school system has been adopted in said city, it shall be the duty of the county school commissioner of Jackson county, and he is hereby required, to pay over to the treasurer of the city of Harmony Grove, under such rules as the board of education of said city may provide, that portion of the public school fund of said county to which the schools established as herein provided for may be entitled to under the laws of this State, and the rules of distribution under which the county board of education of Jackson county assigns to the schools of the county, their pro rata share of the school fund. Government of schools. Pro rata share of county school fund. Sec. 44. Be it enacted by the authority aforesaid, That when said public school system is adopted the board of education of said

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city shall determine what amount of money it will be necessary to raise by taxation to defray the expenses of said schools for the ensuing years, and shall lay the same before the mayor and council of said city, who shall be required to levy and collect the same, and the amount so levied and collected can be used for no other purpose, and can only be paid out by order of said board. School tax. Sec. 45. Be it enacted by authority aforesaid, That after such public school system shall be adopted by said city, the board of education of Jackson county shall not grant any license to or contract with any person to teach a school of any character in said city, nor shall any of the State school fund be paid to any school other than herein provided for, and it shall not be lawful for said county board of education to establish or maintain any school or schools within two miles of the corporate limits of said city without the consent of said board of education of said city. Upon the adopting of said public school system in said city, the trustees of the Harmony Grove Academy shall turn over their schoolhouse and premises to said board of education of said city, to be used as a schoolhouse for the white children of said city. If said system should then fail, it would revert back to said board of trustees as now held. Other schools. Sec. 46. Be it enacted by the authority aforesaid, That the mayor and council shall have power and authority to employ or elect a city attorney, or any other officer that they may deem for the best interest of said city, and to fix the compensation of the same; to require all officers elected or appointed to give such bonds for the faithful performance of their respective offices as the mayor and council may prescribe. All warrants, excentions, processes, summons, etc., etc., shall be issued by the clerk and be directed to the city marshal. City attorney. Sec. 47. Be it enacted by the authority aforesaid, That the mayor and council shall have power and authority to compel the attendance of parties and witnesses at the mayor's court, and at the meetings of said city council, and for this purpose they shall have power to take bonds for the appearance of both parties and witnesses, in such sums as they may deem proper and necessary, and to pass all laws necessary to provide for the forfeiting and collecting of said bonds, but said city shall not be liable for any insolvent costs bill, but the mayor and council shall have power to prescribe a fee bill for witnesses before said mayor's court. Appearance bonds. Sec. 48. Be it enacted by the authority aforesaid, That the

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mayor and council shall have power and authority to fix the time for giving in, assessing, and collecting all taxes in said city. Taxes. Sec. 49. Be it enacted by the authority aforesaid, That all contracts, bonds issued, etc., etc., heretofore made and issued by the town of Harmony Grove shall be good and valid, for and against the city of Harmony Grove, to the same extent they would have been for or against the town of Harmony Grove, and all actions and rights thereof shall accrue and survive to and against the city of Harmony Grove. All property and the rights thereof now held and owned by the town of Harmony Grove shall be and become the rights and property of the city of Harmony Grove, and all laws and ordinances of the town of Harmony Grove, not in conflict with this charter, shall be valid and enforcible as the laws and ordinances of said city of Harmony Grove, till changed or repealed by said mayor and council of said city. Contracts ratified. Sec. 50. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved November 26, 1901. HARMONY GROVE, TOWN OF, CHARTER REPEALED. No. 227. An Act to incorporate the town of Harmony Grove, in the county of Jackson; define its limits; provide for the officers to govern it, and for other purposes, approved December 24, 1884. Section 1. Be it enacted by the General Assembly of the State of Georgia, and is hereby enacted by the authority of the same, That an Act entitled an Act to incorporate the town of Harmony Grove, in the county of Jackson, define its limits, provide for the officers to govern it, prescribe their duties, and for other purposes, approved Dec. 24, 1884, and all amendments thereto, be, and the same is, hereby repealed; provided, however, that this Act is not to become of force till an Act incorporating the city of Harmony Grove, in said county, is passed and approved. Harmony Grove, town of, charter repealed. Sec. 2. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved Nov. 26, 1901.

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HARTWELL, TOWN OF, CHARTER AMENDED. No. 200. An Act to amend an Act entitled an Act incorporating the town of Hartwell, in Hart county, approved February 26, 1856, and all Acts or Act amendatory thereof, so as to authorize the municipal authorities of said town to establish and maintain a system of waterworks, electric lights, and to provide, manage, control and keep in order the cemetery or cemeteries of said town; to provide for a public park, or any other public improvements the municipal authorities may deem wise and expedient, and for such purposes to issue municipal bonds, as provided by statute, or to levy a municipal tax on all property subject to county and State tax, not exceeding one-third of one per cent.; also to establish a board of health; also the right to condemn private property for street and sidewalk purposes, and to prescribe the manner of adjusting the amount of damages for so doing; also to levy and collect an occupation, avocation, business and dog tax; also to provide for the election of mayor direct by the people, who shall be ex-officio a member of the board of aldermen, and to provide for time of election of said mayor and aldermen, and the time their term of office begins; also to define the power of the mayor as regards to imposing fines or fixing punishments, etc.; also to provide for a board of tax assessors and property appraisers, define their powers and fix their compensation; also to provide for the registration of voters, 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 Hartwell, in Hart county, approved Feb. 26, 1856, be amended as follows: The board of aldermen of the town of Hartwell be, and are, hereby authorized and empowered to purchase, build and maintain a system of waterworks, electric lights, sewerages, etc., and to provide, manage and control and keep in order the cemetery or cemeteries of said town, provide for a public park, or any other public improvements the municipal authorities may deem wise and expedient, and for such purposes to issue municipal bonds as provided by statute, or to levy a municipal tax on all property subject to county and State tax, not exceeding one-third of one per cent. Should said municipal authorities decide to issue bonds for any of the foregoing purposes, the same shall be issued as provided by law,

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and as prescribed by sections 377, 378, 379, 380 and 381 of volume 1, Code of Georgia, 1895, and subject to any amendments that may be made thereto. Hartwell, town of, public improvements. Sec. 2. Be it further enacted by the authority aforesaid, That said municipal authorities shall provide at, or before, the incurring of said bonded 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 necessary may 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 for other and general purposes. Taxation. Sec. 3. Be it further enacted by the authority aforesaid, That the board of aldermen of the town of Hartwell shall select and appoint a board of health composed of three members from the board of aldermen, among whom shall be the mayor, who shall be ex-officio chairman, or any other three citizens of the town, whose duty it shall be to see that said town is kept in good sanitary condition; that all privies, water closets, pig-pens, barns, stables, and other similar places, are regularly cleaned and kept in good condition; that all nuisances are abolished; that everything injurious in the least degree to the health of the citizens of the city be removed. It shall be the duty of this committee to regularly inspect the town, to prepare and submit to the board of aldermen of said town for adoption such ordinances as will most effectually accomplish the results for which the board of health is appointed; said board shall have general control of the cemetery or cemeteries of said town, and shall make such regulations in regard to the burial of the dead within said town as they may deem best; they shall have the right to keep the cemetery in good condition and repair. Board of health. Sec. 4. Be it further enacted by the authority aforesaid, That the board of aldermen shall have full power and authority to condemn land for the purpose of laying out new streets, alleys and sidewalks; to lay out and open new streets in any part of said town; to alter or abolish any existing streets or alleys; to control, protect, work and repair the public square, and all streets and alleys in said town, and to exercise full control of the same; provided, they in no way interfere with the use, enjoyment or necessary control of county buildings in said county. Said board of aldermen shall have full control of the streets, lanes or alleys of said town; shall have power to require all persons in said town liable to road duty to work the roads, streets, sidewalks, alleys, squares or lanes of said town, said work not to exceed fifteen days by any hand in one year; or they may levy and collect a commutation tax for street

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work, not exceeding five dollars per capita per annum for each person liable to road duty in said town. The board of aldermen of said town shall also have power to open and widen streets, and to compel property owners to make and keep in good order and pave sidewalks where needed, and on failure thereof the municipal authorities shall have power to enforce the same by levy and sale of the land of the abutting property owner. Streets. Sec. 5. Be it further enacted by the authority aforesaid, That the board of aldermen shall have power in the opening of any new street in said town, or in altering, extending or straightening 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 board of aldermen are unable to agree as the amount thereof, the board of aldermen shall select one intelligent and upright 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 board of aldermen 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 other courts to the superior court; provided, that the board of aldermen upon payment, or tender to the owner, or his agent, of any sum found by said arbitrators, shall have the right to proceed to open, alter or straighten said street, notwithstanding said appeal, upon giving bond and security to pay any further damage that may be recovered on the appeal. Condemnation. Sec. 6. Be it further enacted by the authority aforesaid, That said municipal authorities shall have the right to levy and collect a reasonable tax, as may appear in the discretion of the board of aldermen, on all occupations, avocations, salesmen, professions, merchants, drummers, venders, and any and all other persons engaged in business in said town; also to tax dogs and other domestic animals running at large under such rules and regulations as the board of aldermen may see fit. Special taxes. Sec. 7. Be it further enacted by the authority aforesaid, That

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the election of the authorities of said town of Hartwell, and the officers elected, shall be governed and terminated as follows: On the first Wednesday in December, 1901, an election shall be held, at which time, and at the usual place of holding elections in the 1112th district, G. M., Hart county, in Hartwell, Ga., there shall be elected, by direct vote of the people, a mayor, who shall be ex-officio a member of the board of aldermen, whose term of office shall begin January 1, 1902, and terminate at the expiration of two years, and who shall be elected biennially thereafter on the first Wednesday in December, and begin his administration January the first after said election, and hold until his successor shall have been elected and qualified. The mayor shall preside over the meetings of the board of aldermen, and in case of a tie vote on any question that may come before the board the mayor shall cast the deciding vote. At the same time and place, on the first Wednesday in December, 1901, at the usual place of holding elections in the 1112th district, G. M., Hart county, in Hartwell, Ga., an election shall be held for the purpose of electing six aldermen, whose terms of office shall be one, two and three years, respectively, each beginning January 1, 1902, and further ascertained as follows, to-wit: The electors shall specify on their tickets the names of the two aldermen to serve for the term of one year; also specify on their tickets the names of the two aldermen to serve for the term of two years; also specify on their tickets the names of the two aldermen to serve for the term of three years. On the first Wednesday in December, 1902, an election shall be held to fill the places of the two aldermen whose term of office expires December 31, 1902; said aldermen thus elected shall hold for three years, and annually thereafter on the first Wednesday in December shall be elected two aldermen, whose terms of office shall be three years, beginning January the first, after said election. Said board of aldermen, immediately after their election and qualification, shall elect a mayor pro tem., who shall exercise all the duties of the mayor of said town in case of his death, resignation or absence. Mayor and aldermen, how elected. Sec. 8. Be it further enacted by the authority aforesaid, That the qualifications of said mayor and aldermen are that they shall be bona fide residents, qualified voters and freeholders in said town. Qualifications of. Sec. 9. Be it further enacted by the authority aforesaid, That the mayor of said town shall have the right, and is hereby empowered, to impose a fine not to exceed the sum of one hundred dollars, or ninety days on the street chain gang of said town, or the

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mayor of said town may, and is, hereby authorized to impose both a fine and imprisonment in said chain gang, at his discretion. Punitive powers. Sec. 10. Be it further enacted by the authority aforesaid, That the board of 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 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 tax payer in the said town, 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 said board of aldermen. Whenever the assessor, or assessors, shall raise the valuation at which the tax payer has returned his property, said assessor, or assessors, shall give him written notice of their assessment, and it shall be the tax payer's privilege, if dissatisfied with the assessment, to appeal to the board of aldermen, under such rules and regulations as they may prescribe. Said assessor, or assessors, shall receive such compensation as the board of aldermen may prescribe. Tax returns and assessments. Sec. 11. Be it further enacted by the authority aforesaid, That the clerk of the board of aldermen shall keep a book, to be labeled registration book of the town of Hartwell, 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 Wednesday in December next I will have been a bona fide resident of the town of Hartwell thirty days, and have paid all taxes legally required of me by said town. Sworn to and subscribed before me this day of , 190, clerk (or secretary) board of aldermen. Such registration book shall be kept open for the registration of voters twenty 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 said secretary, or, in case of his inability to attend for any cause, some suitable elector of said town, to be designated by the mayor, and no person whose name is not found thereon shall be allowed to vote. The secretary shall have such compensation for keeping such registration book as the board of aldermen shall allow, not to exceed two dollars per day. Registration of voters.

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Sec. 12. Be it further enacted by the authority aforesaid, That the election for mayor and aldermen of said town shall be held under the same rules and regulations, as nearly as practicable, as elections for members of the General Assembly. Such election shall be conducted under the management of a justice of the peace and two freeholders, who are residents of said town, and not candidates in said election, or, in the absence of a justice of the peace, any three freeholders, residents of the said town, and not candidates in said election, may manage the same. The mayor and aldermen of said town shall have the right and power to appoint any three freeholders, or any two freeholders and a justice of the peace, who are residents of said town, 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 will make a just and true return thereof and not knowingly permit any one to vote who is not entitled to do so according to the charter of this town, nor knowingly prohibit any one from voting who is so entitled, nor will we knowingly divulge for whom any vote was east, unless called upon by law to do so, so help us God. Said oath shall be signed by each superintendent or manager, in the capacity in which he acts, and shall be made and subscribed before some officer authorized to administer oaths, if any such is present; if no such officer is present said oath may be made and subscribed by each manager in the presence of the others. The managers shall report the result of the election to the board of aldermen, and shall issue a certificate of election to each of the persons elected, which certificates of election shall be sufficient authority to the person so elected to enter upon the discharge of their official duties, after qualification as hereinafter provided, said certificates to be entered upon the records of said board of aldermen. But the list of voters, tally sheets and ballots shall be deposited with the secretary of the board of aldermen, and all contests growing out of said election, or concerning the same, shall be before the mayor and aldermen, and determined by them, as in other cases of contest, and no such contest shall be allowed or heard by them unless begun within five days after said election. Mayor and aldermen, election of. Sec. 13. Be it further enacted by the authority aforesaid, That no voter shall be allowed to vote in a municipal election unless he has paid State, county and municipal taxes, and has been a qualified voter of the State, and a bona fide resident of the town thirty days. Voters.

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Sec. 14. Be it further enacted by the authority aforesaid, That the place of holding all elections under this charter shall be at the usual place of holding elections in the 1112th district, G. M., Hart county, in Hartwell, Ga., and the time of day for keeping open the election shall be from 7 o'clock a. m. to 6 o'clock p. m. The managers may begin to count the votes at any time, at their discretion, but they shall not do so until the polls are closed, if a candidate in person, or by written authority, objects. Elections, where held. Sec. 15. Be it further enacted by the authority aforesaid, That said board of aldermen shall fix the fire limits of said town, and said board of aldermen shall restrict or prohibit any wooden buildings to be erected within said fire limits, except by and with unanimous consent and approval of the board of aldermen of said town given [Illegible Text] a meeting held for that special purpose. Fire limits. Sec. 16. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Nov. 15, 1901. HAZLEHURST, TOWN OF, PUBLIC SCHOOL SYSTEM FOR. No. 392. An Act to authorize the establishment of a system of public schools in the town of Hazlehurst; to provide for acquiring property and buildings, and raising revenues to maintain said schools, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, (the corporate authorities having so recommended), That the mayor and council of the town of Hazlehurst, Georgia, are hereby authorized to levy and collect a tax annually, in addition to that now authorized by law, not to exceed one per cent. of the taxable property of said town as shown by the regular tax digest of property prepared for purposes 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. Hazlehurst, town of, school tax. Sec. 2. Be it further enacted by 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 shall order an election, of which ten days' notice

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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 the justice of the peace, and the qualifications shall be the same. At said elections those in favor of public schools shall have printed or written on their ballots the words, For public schools, and thos opposed to public schools shall have printed or written on their ballots, 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. Election for public schools. Sec. 3. Be it further enacted by 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 said town is located, which shall be furnished by the county board of of registrars for said district, which certified copy shall be furnished said mayor and council by the clerk of the superior court of Appling county, and those names appearing on said list and residing in said town shall be allowed to vote in said election. Voters. Sec. 4. Be it further enacted by authority aforesaid, That John A. Cromartie, George W. Chapman, J. G. Pace, R. Wyche, and Henry Cook, shall be and constitute the board of education of Hazlehurst. The term of the first named shall expire on the first of June, 1902, and the others annually thereafter in the order of their names above, and their successors shall be elected by the remaining members of said board, and at the first meeting after the expiration 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 the board after said vacancy occurs, or as soon as practicable thereafter. Board of education. Sec. 5. Be it further enacted, That the 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. Officers of board. Sec. 6. Be it further enacted, That said board shall have power to design and adopt a public school system 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

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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. Powers of board. Sec. 7. 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, for white children; one, and only one, 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 benefit of the public 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, may be admitted upon such terms as shall be prescribed by the board of education, not in conflict with the laws of this State. Separate schools for white and colored. Sec. 8. Be it further enacted by 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 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 the said educational fund as said pupils are entitled to by law, including their proportion for 1902. Pro rata share of State school fund. Sec. 9. Be it further enacted by the authority aforesaid, That early as practicable after the ratification of this Act, and by the 15th of January of each succeeding year, the board of education, what amount of money it will be necessary to raise by taxation to defray the expenses of said school for the ensuing year, and shall lay the same before the mayor and council of said town, and the said mayor and council of said town 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 said town council, and together with

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the amount received from the public school fund, such incidental tuition fees as may be collected, and any other fund may be placed in his hands for that purpose, shall constitute a fund only to be expended for that purpose by order of the board of education in defraying the expenses necessary on the carrying on of said school. School tax. School fund. Sec. 10. Be it further enacted, That after the ratification of this Act, neither the board of education or the county school commissioners of Appling or Coffee counties 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 county boards of education or said county school commissioners to establish or maintain any school or schools within two miles of the corporate limits of boundaries of said town. Other schools. Sec. 11. Be it further enacted by the authority aforesaid, That the mayor and council of said town of Hazlehurst shall have power and authority to issue bonds of said town, not to exceed in amount the sum of five thousand ($5,000) dollars, or as much thereof as may be necessary. Said bonds, when issued, may be issued of such denomination, and with such rate of interest, not exceeding eight 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 their 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 Hazlehurst, 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. Bonds to erect school buildings. Sec. 12. Be it further enacted, That before said bonds be issued it shall so be recommended by the board of education of said town, and the question of their issuance shall be submitted to the legal qualified voters of said town. For this purpose the mayor and council, upon recommendation of the board of education, shall order an election, of which at least thirty days' notice shall be given by publication of such notice in whatever paper may be the official organ of Appling and Coffee counties. Said elections shall be governed by the rules and regulations governing elections of justice 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

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the number of qualified voters residing in said town when said election is ordered. Election for bonds. Sec. 13. Be it further enacted, That or before the time of issuing 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 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 purposes. Tax to pay bonds. Sec. 14. Be it further enacted, That in any case any school property acquired by said town under any provisions of this Act, or otherwise, be sold, the funds derived from such sales shall be reinvested in other property to be used for school purposes, or applied the liquidation of said bonds. Sales of school property. Sec. 15. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 18, 1901. HEROD, TOWN OF INCORPORATED. No. 196. An Act to incorporate the town of Herod, in the county of Terrell; to define its corporate limits; to provide for a mayor and councilmen and other officers of said town; to prescribe their duties, and to provide for the enacting of all necessary ordinances, provide penalties for the violation of the same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the town of Herod, in the county of Terrell, be, and the same is, hereby declared to be incorporated under the name and the style of the town of Herod, 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. Herod, town of, incorporated. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall be three-fourths of a mile in every direction from the center of the intersection of Main and Albany street, in the said town of Herod. Corporate limits. Sec. 3. Be it further enacted, That H. Rauch is hereby appointed mayor of the said town, and C. M. Harris, S. W. Hass and J. E.

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Brun are hereby appointed councilmen of said town, to hold their offices until their successors are elected and qualified. Mayor and councilmen appointed. Sec. 4. Be it further enacted, That an election shall be held on the first Wednesday in January, 1902, and on each succeeding first Wednesday in January of each year, for mayor and three councilmen, to serve one year, or until their successors are elected and qualified, said election to be conducted in the same manner as an election for the members of the General Assembly of the State of Georgia, and all persons living within the corporate limits of the town of Herod, who shall qualify to vote for the member of the General Assembly of the State of Georgia, shall also be qualified to vote for the mayor and councilmen of said town. The person receiving the highest number of votes for the office of mayor shall be declared duly elected, and the three persons receiving the highest number of votes for the office of councilmen 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. Elections. Sec. 5. Be it further enacted, That before entering upon the discharge of the duties, the mayor and councilmen shall subscribe the following oath, which may be administered by any person authorized by the law of this State to administer oaths: I do solemnly swear that I will discharge all duties devolving upon me as mayor, or councilman, as the case may be, of the town of Herod, to the best of my ability and understanding, so help me God. Oath of officers. Sec. 6. Be it further enacted, That said mayor and councilmen shall have the power and authority to pass all laws and ordinances that they may deem necessary for the government of said town and protection of property from loss by fire or damage therein; provided, they be not repugnant to the Constitution and laws of Georgia, and of the United States. Municipal powers. Sec. 7. Be it further enacted, That said mayor and councilmen shall have power and authority to levy and collect taxes not to exceed one per cent. upon all property, both real and personal, within the corporate limits of said town; the collection of said taxes may be enforced by execution issued by the clerk in the name of the mayor, and the levy and sale of the property as in other case of sale of property. All the levies of the tax executions shall be made by the marshal or his deputy, and all sales shall be conducted as the sales of the sheriffs of this State in case of levy of tax executions. The said mayor and councilmen shall also have the power to require all persons within said corporate limits, who are subject to road duty under the laws of this State, to work the streets of said town for a period of 14 days in each year, or they may prescribe

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a commutation tax which may be paid in lieu of the work upon the streets. Property tax. Commutation tax. Sec. 8. Be it further enacted, That the mayor of said town, and in his absence the mayor pro tem., who shall be elected by the councilmen from their own number, shall be chief executive officer of said town. It shall be his duty to see that ordinances, by-laws, rules and orders of the councilmen are fully executed, and he shall have control of the police of said town, and he may appoint special police whenever he may deem it necessary, and it shall be his special duty 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 execution for all fines, penalties, and costs imposed by him, and issue warrant for the arrest for all disorderly persons in said town, and in default of immediate payment of all fines and penalties and cost imposed, he may imprison the defender for a period not to exceed thirty days, or sentence him to work upon the public streets of the town of Herod for the same length of time. Mayor, powers of. Sec. 9. Be it further enacted, That said mayor and councilmen, at their first meeting after they have been elected and installed, shall elect a clerk, who may be one of their own number, or any citizen of said town, and at the same time they shall also elect a marshal, and if necessary a deputy marshal. These officers, before entering upon the discharge of their duties, shall be required to take and subscribe to the oath before the mayor, that they and each of them will well and faithfully discharge their several duties as clerk, treasurer or marshal, as the case may be, to the best of their skill and knowledge. Clerk and marshal Sec. 10. Be it further enacted, That the clerk and marshal shall receive such salaries as the councilmen may deem just and proper, said salaries to be determined before the election of said clerk and marshal. Salaries. Sec. 11. Be it further enacted, That said mayor and council shall have the power to tax all shows to which admission fee is charged, and in addition to the ad valorem taxes levied shall have the power to tax all business enterprises, as they may deem to be to the best interest of said town. Special taxes. Sec. 12. Be it further enacted, That said mayor and council of the town of Herod shall have the power to close, open, alter, cut, and keep in good order and repair, the roads, streets and alleys, sidewalks, cross-ways, street crossings, and ditches, for the use of

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the public and the citizens thereof, and keep them free from obstruction, and abate, or cause to be abated, what, in the opinion of the majority of the whole council, should be a nuisance, and enact all necessary rules and regulations to protect the health of the town and for general sanitary purposes. Streets. Sec. 13. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved November 15, 1901. HIGH SHOALS, TOWN OF INCORPORATED. No. 210. An Act to incorporate the town of High Shoals, in the counties of Walton and Morgan, in the State of Georgia; to define its limits and to prescribe its municipal powers and privileges, and for other purposes. Section 1. The General Assembly of Georgia do enact, That the town of High Shoals, in the counties of Walton and Morgan, be, and the same is, hereby incorporated, and that the corporate limits thereof shall be as follows: Commencing at the center of the bridge across the Appalachee river at High Shoals, just above the shoals of that river, and at the middle of the river on the line between Oconee and Walton counties, and running up said river on said line in the middle of the river to the corner in the river of the tract of land of the High Shoals Manufacturing Company, on which is located the cotton mills and buildings connected there with of said company; thence along the line of said tract of land to the Monroe and High Shoals road, near the site of the Walker Harris Institute in said town; thence along said road and including said road in a northeastern direction to where the land line of said company's tract of land crosses the same; thence along said land line to the corner of said tract of land in the middle of the Appalachee river, below the shoals and cotton mill buildings; thence up the middle of the river to the center of the bridge at the beginning corner. High Shoals, town of incorporated. Corporate limits. Sec. 2. That the government of said town shall be vested in a mayor and four (4) councilmen, who shall be elected annually, and shall hold their offices until their successors are elected and qualified. The first election shall be held on the first Tuesday in

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January, 1902, and thereafter on the same day in successive years. All persons residing within the corporate limits, who shall have resided therein six months immediately preceding the day of election, and who are entitled and qualified under the laws of the State to vote for members of the General Assembly, shall be qualified voters and entitled to vote in said election, which shall be conducted as elections for members of the General Assembly; and the certificate of the managers recorded on the records of said town shall be sufficient authority for the person receiving the highest number of votes, to enter upon the discharge of their duties, after taking and subscribing an oath to faithfully discharge all their duties as mayor and councilmen, as the case may be. The first election shall be held at the hall over the market, and subsequent elections shall be held at such places in said town as the municipal authorities may elect. Mayor and councilmen. Election. Sec. 3. That said corporation shall have perpetual succession; may have and use a common seal; shall be capable of taking, purchasing, holding and selling property, real or personal, for any municipal purpose, and by that name may contract and be contracted with, and may sue and be sued. Said mayor and council shall have all power necessary to pass ordinances, not in conflict with the Constitution and laws of said State; for the maintenance of good order, and for the suppression of disorder or vice of any kind whatever in said town, and for the proper police protection of the citizens of the town and government of the same, and to appoint a marshal and such other police and town officers as may be necessary, and to remove them at any time for cause. The power of taxation conferred on said mayor and council is expressly limited to street tax and license taxes, and in the discretion of said mayor and council, when there is a necessity for it, an ad valorem tax on real and personal property, not to exceed one-half mill, or five cents on each one hundred dollars' worth of property, real and personal, subject to taxation in said town. They shall have power to establish and maintain a public school, and to appoint a school board of three citizens, who may be, if otherwise eligible, members of the board of trustees of the Walker Harris Institute also, and to arrange with said trustees of the said institute for the use of the institute school building in which to conduct a public school for the scholastic year, or for such part of the year as it may be desired to conduct a public school in said town. And it shall be the duty of said school board, or board of education, to make to the State School Commissioner the same regular reports of the school population of said town, and other matters as may be required

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by law from the county school commissioners. The said mayor and council shall also have power to establish a mayor's court for the trial and punishment of offenders against the ordinance of the town, the punishment being limited to a fine not exceeding thirty dollars, or imprisonment not exceeding thirty days, or both, in the discretion of the mayor, and in case of conviction the accused shall have the right of certiorari to the superior court as provided by law. Municipal powers. Sec. 4. That the sale of spirituous, malt, and other intoxicating liquors shall never be licensed in said town, and the sale thereof shall be forever prohibited therein. Sale of liquor. Sec. 5. That the mayor shall be ex-officio justice of the peace, and shall have full power to issue warrants for any offense against the laws of said State committed within the limits of said town, and shall have power to compel the attendance of witnesses, and to examine them under oath, and to admit any offender to bail, as provided by law, or to commit him to jail for violation of the laws of this State, and to admit to bail or commit to the guard-house for violation of the ordinances of said town. Mayor, ex-officio a justice of the peace. Approved November 20, 1901. HOGANSVILLE, TOWN OF, NEW CHARTER FOR. No. 372. An Act to establish a new charter for the town of Hogansville, in the county of Troup, 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 election of officers; to prescribe their duties, rights and powers, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That the Act entitled An Act to incorporate the town of Hogansville, in the State of Georgia; to appoint commissioners for same, and for other purposes, approved October 12, 1870, and all Acts amendatory thereto be, and the same are, hereby repealed. Hogansville, town of, charter repealed. Sec. 2. Be it further enacted, That from and after the passage of this Act the municipal government of the town of Hogansville, in the county of Troup, State of Georgia, shall be vested in a mayor and five (5) councilmen, who are hereby constituted a body politic and corporate under the name and style of the mayor and

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council of Hogansville, 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, and general welfare and interest of the said town of Hogansville and the inhabitants thereof, and for the preserving of the health, morals, peace and good order of the same, not contrary to the Constitution of this State. They shall have power and authority, in and by said corporate name, to contract and be contracted with; to sue and be sued; to plead and be impleaded in any of the courts in this State; to have and use a common said; to hold all property (both real and personal) now belonging to said town, or which may hereafter be acquired; to acquire real or personal property by gift, purchase, or otherwise, as may be deemed necessary by said corporate authorities for the use of said town, and to manage, sell, lease, improve, or rent, any of said property as may be deemed advisable for the corporate interest. New charter. Municipal powers. Sec. 3. Be it further enacted, That the corporate limits of said town shall extend as follows: Beginning at a point in the center of Main street, where same crosses the main line of the Atlanta and West Point Railroad, as the center of said town, measure three-fourths of a mile in each direction east, south, and west, and as far north as the south end of the Atlanta and West Point Railroad bridge, or trestle, where the said railroad crosses Yellow-jacket creek. Then at the ends of said lines, draw lines at right angles to same to the point where the east and west lines intersect the north and south lines, thereby making said corporate limits in the form of a parallelogram extending one and one-half miles from east to west, and one and nine-tweniteth miles, more or less, from north to south. Corporate limits. Sec. 4. Be it further enacted, That an election under this charter shall be held at such place in said town as the present council shall designate, on the first Wednesday in January, 1902, and on the first Wednesday in January every year thereafter, for six (6) members of the town council, who shall hold their office for one year, unless sooner removed from office in the manner prescribed hereafter, and until their successors are elected and qualified. Should said elections, from any cause whatever, fail to be had on said date, the mayor and council, or a majority of the council then in office, shall order an election by giving five (5) days' notice, either by publication in a paper published in said town, in

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an issue published at least five days before the date set for the election, or by posting notices thereof in three or more conspicuous places in said town, at least five days prior to the day of the election. The new council shall take their office on the first Monday in February following their election, and if any person elected shall fail or refuse to qualify or serve, the person receiving the next highest number of votes in the election shall be chosen by the council to fill the vacancy. The present council shall continue in office, performing all the duties thereof, as required of them under this charter, until the first Monday in February, 1903, and until their successors are duly qualified, the present chairman acting as mayor. Elections. Sec. 5. The elections held under the provisions of section 4, this Act, shall be held by any two members of the council or two freeholders resident in said town, to be appointed by the mayor. Said managers shall be sworn to conduct said elections fairly and impartially, and to allow no one to vote who is not justly entitled to do so under the law, nor knowingly prohibit any one from voting who is so entitled. They shall conduct said elections in the same manner and under the same rules as govern elections held for State and county officers, except they shall be required to keep only two voters' lists and two tally sheets. The oath of the managers may be administered by any officer of this State authorized to administer oaths, or by the mayor. The polls shall be opened at 9 a. m. and closed at 3 p. m. They shall certify the result of the election, stating the number of votes each person received, and turn over said certificate and the ballots, lists and tall sheets to the council then in office, who shall at their next meeting declare the result. Said managers and clerks shall receive such compensation as may be allowed by vote of the council then in office. Election managers. Sec. 6. No person shall be allowed to vote in any of the elections held for officers of said town, except those who at the time of the election are duly qualified to vote for members of the General Assembly of Georgia, and who have resided within the limits of said town, as set out in section 3, this Act, continuously for the six months next preceding the election, and have paid all taxes, State, county and town taxes, including street duty or tax, that may have been required of them or that they have had an opportunity to pay up to the year of the election, and have duly registered on the registration books for voters of said town. Voters. Sec. 7. The said mayor and council shall provide by ordinances for the registration of all voters in said town, for the punishment

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for illegal registration, when said book shall be opened, by whom kept, and when closed. Registration of voters. Sec 8. Each member of the council, before entering upon the duties of his office, shall take and subscribe to an oath before any member of the retiring council, or any officer of this State authorized to administer oaths, That he will fairly, impartially and uprightly conduct the office of councilman or mayor to the best of his ability, so help him God. Oath of officers. Sec. 9. The council, immediately after their qualification, shall elect from their own number a mayor, who shall be the chief officer of the town, and shall act as chairman of the body in all deliberations, unless disqualified, absent, or excused by the council, in which event any member may preside or act as such under the title of mayor pro tem., and all of his acts shall be as binding and legal as if done by the mayor. They shall also elect a clerk and a treasurer, either from their own body or from the citizens of the town. These officers may be separate or combined, in the discretion of the council then in office. They shall also elect from the citizens of said town a marshal, who shall hold his office subject to the will and pleasure of the council. They may, if they deem it necessary, or to the interest of the town, select from the citizens of the town, or from their own body, a recorder, who shall try all violations of the ordinances of said town. In the absence of the recorder, or his disqualification or non-election, the mayor, or any one member of the council, may act as such. The recorder or acting-recorder shall receive such compensation in fees or salary as each successive council shall prescribe. Mayor, election. Clerk treasurer, marshal and recorder. Sec. 10. No person shall be eligible for any office mentioned in section 9, who is not at the time of their election or appointment qualified to vote for members of the town council. Sec. 11. The salaries of all officers of the council, including clerk, treasurer and marshal, and recorder, shall be fixed at the first meeting of each successive council. Salaries. Sec. 12. The mayor or any two members of the council may call a special meeting at any time. The mayor and three councilmen, or four councilmen, shall constitute a quorum for the transaction of any business or to try appeals as herinafter provided. The regular meetings of the council shall be held on the first and third Mondays in each month, but this time may be changed by a two-thirds vote of the council. Quorum, Meetings. Sec. 13. The recorder or acting-recorder shall have power to try all offenders against the ordinances of said town at any time, to continue cases, assess bail for the appearance of the accused party,

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whenever he deems the ends of justice requires it. He shall have power to compel the attendance of witnesses resident within or without the limits of the town. He shall have authority and power to impose as penalties for violations of the ordinances of said town such punishment as the ordinance may prescribe, not exceeding one hundred dollars fine, or not exceeding thirty days imprisonment, or thirty days' labor on the public works of the town, except in cases especially mentioned in this charter providing for a different punishment. He shall have power to punish contempts of court by a fine of not exceeding ten dollars, or twenty days' work on the public works of the town, either, in his discretion. Recorder. Sec. 14. Any person convicted in the recorder's court shall have the right of appeal to the council; said appeal must be made in writing immediately after conviction, and the cost must be paid or a pauper's affidavit made thereof at the time of filing the appeal. For the purpose of trying appeals, the council may convene at any time. They shall have the power to reduce, increase, modify or nullify the previous sentence; pending the appeal, the accused shall be allowed to give bail for his appearance, if able to do so; otherwise, he shall be confined in the calaboose. The person before whom the case was originally tried may conduct the examination of the witnesses, unless counsel be employed, and he shall be disqualified from sitting as a member of the court of appeals. Appeals from recorder's court. Sec. 15. Any person, from having seen the crime committeed, or upon the information of others, may go before the clerk, or, in his absence or disqualification, before any member of the council and have a warrant issued for the arrest of the offender. All warrants shall bear test in the name of the mayor and council, and shall be signed by the clerk or member of the council issuing same. Warrants to arrest. Sec. 16. The mayor and council shall have power to levy and collect annually an ad ralorem tax not to exceed the rate allowed to municipal corporations under the laws of this State, except for extraordinary purposes and school tax as now provided by law, upon all real estate and personal property and choses in action, within the corporate limits of said town, and upon any and all other species of property in said town not exempted under or by the laws of this State; to prescribe the time, place, manner and rules or regulations for making returns by the taxpayers of said town of their property for taxation, and any taxpayer who shall fail so to return his or her property, shall be double taxed, and such double tax shall be collected as other taxes. The mayor shall appoint two assessors from the members of the council, whose duty it shall be to closely scan all property returned for taxation, and to appraise

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and value all property which may be returned for less or more than its fair market value on the date fixed for taxation, after due written or printed notice has been given to the taxpayer, and also to assess and double all property found within the limits of said town not returned by the owner or comptroller for taxation on the day fixed for the returns to all be in. Property tax. Assessors. Sec. 17. The payment of all taxes mentioned in section 16, including school tax, shall be enforced by execution; said executions shall be issued by the clerk after the last day allowed by the council for the regular payment of same. All executions shall bear test in the name of the mayor and council of Hogansville, and be signed by the clerk, who shall deliver them to the marshal. The marshal shall proceed to collect same at once, if necessary, by levy and sale of any of the defendant's property found within the limits of the town. All executions issued by authority of this Act shall bind all of the defendant's property from its date of issue, and shall rank as other liens for taxes subject to the laws of this State. All executions shall be directed to the marshal or deputy marshal of said town, and all sales made by them shall be conducted in the same manner as constable's sales, except in cases of levy upon real estate they shall advertise same in the paper published in said town, or if none, by posting three or more notices of same in conspicuous places in said town for thirty days before the date of sale. All sales shall be on a regular court day of the justice's court of the 700th district, G. M., except in the cases of levy upon live stock or anything liable to deteriorate in value by keeping; in which event the property may be sold after three days' advertisement. In case of sale of realty the marshal is hereby empowered to make the purchaser a deed to same and put him in possession of the premises. Taxes, how collected. Sec. 18. In addition to the ad valorem taxes heretofore mentioned, the mayor and council shall have power and authority to collect a specific tax upon all persons running a billiard or pool table or tables, ten or nine-pin alleys, or tables or alleys of any kind; also upon all wheels of fortune, or ball, or slot machines, or any other device of chance kept for the purpose of inducing trade or for private gain, operated in said town; also upon all shows, circuses, plays or operas, sleight of hand performances, or any other performances or play, except those given for chairty or religious purposes, or those exempt from tax under the law of this State; also upon all fire or life insurance companies doing business in said town; also upon all telegraph, telephone and express companies; also upon all building and loan companies, redemption trust companies, persons or firms, loaning money, operating oil mills, buying

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or selling cottonseed, public warehouses, guano dealers, markets for the sale of fresh meats, fish, or fish dealers, and upon all other lines of business carried on in said town where there is no stock or merchandise that an ad valorem tax may be assessed and collected thereon. They shall also have power to license all livery stables, sale stables, drays, hotels, public boarding-houses, persons engaged in hauling for hire with any dray, hack, cart, wagon, or other device. They shall also have power to levy and collect a specific tax upon all transient persons doing business in said town, and upon all itinerant tinkers, traders or peddlers, plying their vocations or offering their wares for sale in said town, except such professions, business, or callings, or persons that the State law exempts from municipal taxation. All special taxes or licenses mentioned in this section shall be paid to the marshal or clerk before the person shall engage in the business, pursuit or calling, and any person who shall fail to pay same before doing so, and who shall refuse to do so immediately upon being notified to do, shall, upon conviction, be fined an amount equal to double the tax or license and costs, or in default, be imprisoned in the calaboose, or work on the public works not exceeding thirty days, and in case of corporation or non-resident firms, the agent who represents them in the town will be subject to the same penalties for doing business without first obtaining a license or paying the tax. Special taxes. Sec. 19. The mayor and council shall have full power and authority to lay out, widen, straighten, open, close, alter, drain, and keep in good repair, all roads, streets, alleys, cross-walks and side-walks and bridges in said town for the use of the public, and to dig, repair, or fill up, any public well or wells in said town; to establish a system of grading and sewerage for said town as they may deem proper; to punish by fine or imprisonment and labor on the public works for the obstructing or filling and drainage in said town on either public or private lands; and to this end they shall have power and authority to condemn and appropriate any lands in said town, or if necessary, for an outlet for drainage or sewerage beyond the limits of said town, but they shall be liable to the owner thereof in a reasonable sum therefor as damages, when damages are claimed as the result of appropriating private land for street ditches, or other public purposes, and the council and the owner thereof cannot agree on the price to be paid, the same shall be submitted to arbitration of three freeholders resident in said town, each party to choose one, and the two so selected shall choose the third man who, after having first been duly sworn before some officer authorized to administer oaths, or the mayor, to do justice and equity between both parties,

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proceed to assess the damage resulting therefrom, after duly considering the advantage, if any, derived by the owner of the property, but in no event shall the betterments exceed the amount of the damage allowed. They shall make a return of their award within ten days from the time of their appointment, and the award made by them shall be final, and if accepted by the council shall be entered upon the minutes by the clerk. Streets. Condemnation. Sec. 20. Be it further enacted, That all persons subject to road duty under the laws of this State, resident in said town, shall be liable to street duty or similar work in said town not exceeding ten days in any one year, under direction of the officers of said town; provided, however, the council may provide a commutation tax in lieu of said work, not to exceed five dollars, which shall, when paid, relieve the party from street duty for that year. Said street tax shall be due on February 15th of each year, and if not paid by March 1st following, and the party fails to appear for work when summoned by the marshal, or appearing, but failing or refusing to do good, faithful work without a legal excuse, shall be returned by the marshal as a defaulter, and upon conviction before the recorder be fined not exceeding three dollars, or ten days' work on the public works of the town, for each day's default. Street work and commutation tax. Sec. 21. The mayor, any member of the council, clerk or marshal, or deputy marshal, may be removed from office upon conviction before the council of neglect of duty or malpractice in office. They shall also be liable to the same punishment as other individuals for violation of any of the ordinances of the town. The marshal may be suspended by the mayor for neglect of duty or conduct unbecoming an officer. Such term of suspension shall not exceed fifteen days, unless approved by the council at their first meeting after sentence is imposed, and while under suspension his salary shall cease. Malpractice. Sec. 22. The marshal and treasurer shall be required to give bond for the faithful discharge of their respective duties in such an amount and with such security as a majority of the council may prescribe. Bonds of officers. Sec. 23. The cost of issuing, serving or executing all summons, executions, processes, writs or subpoenas, shall be the same as are now allowed justices of the peace and constables for like service, and where they are issued or served by a salaried officer, the amount so collected shall be paid into the town treasury, except one dollar allowed the marshal for every arrest and conviction when the fine and cost is paid by the defendant. Costs. Sec. 24. The mayor and council of said town shall have full

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power and authority to remove, or cause to be removed at the expense of the owner thereof, all buildings, porches, steps or fences, or other obstructions or nuisances in or near the public streets, lanes, or sidewalks, or nuisances located anywhere in said town; to own, control, and acquire property in or near said town for a cemetery; to regulate interments therein, and to punish any and all persons injuring or destroying the property or shrubbery therein; to regulate, license and control the sale of fresh meats and fish; to regulate privies, water-closets, butcher-pens, blasksmith and wood shops, stoves and chimneys in said town; and to remove or cause to be removed, at the expense of the owner or tenant, any of these places mentioned in this section that may become dangerous to the public health of the citizens of public or private property therein; also to regulate the keeping of all domestic animals, and to prevent the same from running at large; to provide for impounding and sale of same; to regulate the keeping of public and private stables, gunpowder, kerosene, gasoline, turpentine, and all other commodities that may become dangerous or offensive to the citizens or property in said town. Police powers. Sec. 25. The said authorities shall have power and authority to fix a fire limit in said town; to prescribe the materials to be used in the buildings within said limit; to prescribe regulations guarding against damage by fire, and for this purpose shall have power to prohibit within the fire limits the use of the buildings within said limits for any purpose that is classed as hazardous by the insurance companies; to prohibit the building or repairing of any building within said limit, of material other than that prescribed, without permission of the council, and if any person shall build or repair any building contrary to the above, the council shall have power to tear down same, or cause the same to be done at the expense of the owner thereof. They shall have power to condemn all unsafe or dangerous structures in said town, and remove, or cause the same to be removed, at the expense of the owner, after due notice to him to remove same. All expenses incurred by the council in carrying out the provisions of this section shall be enforced by execution, the same as for enforcing the collection of taxes for said town, and in adition thereto the person may be tried, and upon conviction may be punished as for a violation of the ordinances of said town. Fire limits. Sec. 26. They shall have power to pass all needful ordinances to prevent the blockading of the streets or sidewalks and crossings, including the railroad crossings in said town, and to prevent the

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hitching or standing of horses, mules, or other work animals, except at such places as may be designated. Streets. Sec. 27. They shall have power to prevent or regulate the use of all fire-arms, fireworks, or other dangerous annoyances or explosives used in sports or otherwise in said town. Explosives. Sec. 28. They shall have power upon proof of the existence of any house of ill-fame, bawdy house, lewd or gaming house, to abate the same by causing the occupants thereof to be forcibly removed, after three days' notice, and any property owner or agent thereof who shall, after notice of the character of the inmates, continue to rent or suffer them to remain on their premises shall, upon conviction before the recorder, be punished as for violations of the ordinances of the town. Lewd houses. Sec. 29. All orders for the payment of money shall be approved by the mayor and chairman of the finance committee before being paid by the treasurer. Disbursements by treasurer. Sec. 30. No officer of the town shall have any interest in any contract, either directly or indirectly, in which the town is a party, neither shall any member of the council be allowed to vote upon any question that he has any personal interest in whatever, but this section shall not be construed so as to prevent the council from voting a member reasonable compensation for extra services performed or expenses incurred by him in performing the duties required of him as a member of the council. Contracts. Sec. 31. The town council of said town shall have the power to regulate the sale and keeping of all spirituous, vinous and malt liquors, including intoxicating bitters and ciders, and shall have power to grant or refuse to grant licenses for the sale of the same. This section shall not be construed so as to prevent the sale of domestic wines in quantities of not less than one quart, made or caused to be made of grapes or berries, etc., raised or purchased by the parties themselves; nor shall the council ever have the right to license the sale of liquor, etc., while a dispensary is in operation, or in any quantity whatever to be drunk on the premises or adjacent thereto; nor shall the license for the privilege of selling same be less than one thousand dollars per annum. Liquor, sale of. Sec. 32. Be it further enacted, That the council of said town shall have power and authority to grant franchises to electric light companies, water-works companies, street railways, telephone, telegraph, or any like corporation desiring to operate their works within the limits of said town, but such franchise shall not be for a period of exceeding twenty-one years. Light and water. Sec. 33. Be it further enacted, That the said mayor and council

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are hereby empowered to establish a chain-gang to be composed of all violators of the ordinances of said town who fail or refuse to pay the fines imposed by the recorder's court, and any other convicts they may in their discretion see fit to hire. This gang shall be under supervision of the marshal or deputy marshal under direction of the council. The marshal, to compel the convicts to obey orders or to do good work, is hereby authorized and empowered to whip any and all refractory convicts. Chain-gang. Sec. 34. The recorder's court shall have authority to punish any and all persons convicted in this court of selling liquors or intoxicating bitters or ciders without a license, if licenses for the same be issued, or of keeping said liquors or bitters or ciders on hand for the purpose of illegal sale if no licenses are granted, by a fine of not exceeding five hundred dollars, or not exceeding six months on the public works of the town. Penalty for selling liquors. Sec. 35. All vacancies in office caused by death, resignation or removal from office shall be filled by appointment of the council. Vacancies. Sec. 36. The council (or any one member thereof in case of emergency) shall have power to appoint as many extra police as may be deemed necessary, and for such length of time as the emergency may exist, to assist the marshal in preserving order in said town. The marshal shall have power to summon to his assistance, in making arrests, as many citizens of the town as may be necessary, and any person failing or refusing to respond when called upon by the marshal shall, upon conviction before the recorder, be punished as for violations of the ordinances of said town. Police. Sec. 37. The town council shall have power to punish all persons damaging or interfering with the public property of said town or any interference with the officers in the discharge of their official duties. Public property. Sec. 38. They shall have power to enact ordinances in regard to the observance of the Sabbath day (Sunday); to prohibit any and all persons from opening their places of business for the purpose of trade or making a sale, or plying their several vocations, cases of emergency or necessity or charity excepted; to prohibit all games or any form of amusement within the limits of said town and not consistent with the proper religious observance of the day. Sabbath. Sec. 39. Be it further enacted, That all public officers and members of the council shall be exempt from street duty while in office. Sec. 40. Be it further enacted, That the present charter shall remain in force until the passage of this Act; then all ordinances not in [Illegible Text] with this new charter shall remain in full force and effect until repealed. Ordinances of force.

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Sec. 41. Be it further enacted, That all laws and parts of laws, including all local laws, so far as they [Illegible Text] with this Act be, and the same are, hereby repealed. Approved December 17, 1901. HOGANSVILLE, TOWN OF, DISPENSARY FOR. No. 256. An Act to establish, maintain and regulate a dispensary in the town of Hogansvill, Troup county, Georgia, for the sale of spirituous, vinous and malt liquors, including ciders and all other intoxicants, and to provide how the same shall be supervised, managed and controlled; also to provide for the disposition of the profits arising from the operation thereof; to repeal all laws in conflict with this Act, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That immediately after the passage of this Act the town council of the town of Hogansville, Troup county, Georgia, shall appoint three discreet persons, who shall be citizens and property holders in said town who, when so appointed, shall constitute a board of commissioners of the dispensary hereinafter provided for, and for the purposes hereinafter mentioned. Immediately after their appointment they shall determine, by lot, their length of term of office; one holding for one year, one for two years, and one for three years, and until their successor is elected and qualified as hereinafter provided for. Hogansville, dispensary commissioners. Sec. 2. Be it further enacted, That at the time of electing members of the town council for said town in the year 1903, and annually thereafter, there shall be elected from the citizens of said town possessing the same qualifications as required of the commissioners in section 1, this Act, one commissioner to fill the position of the commissioner whose term expires that year. Said commissioner when so elected to hold his office for three years, unless sooner removed for the causes hereinafter mentioned. He shall take his office on the same date as the persons elected as members of the town council. Elections of. Sec. 3. All vacancies caused by death, resignation, removal from office, or removal without the limits of the town, shall be filled by appointment by the remaining members of said board of commissioners

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and from the citizens of said town, qualified as heretofore prescribed. Vacancies. Sec. 4. Be it further enacted, That each and every member of said board, before entering upon the duties of his office, shall take and subscribe before some officer qualified to administer oaths, to the following oath: I do solemnly swear (or affirm) that I will faithfully and honestly discharge all and singular the duties required of me as a member of the board of commissioners of the dispensary at Hogansville, Georgia, either by this Act or by ordinance of said town, so help me God. Oath of commissioners. Sec. 5. Be it further enacted, That immediately after their qualification the said board shall select one of their number as chairman of said body, whose duty it shall be to preside over all the meetings of the board and all duties incident to the office of chairman of other bodies of like character. They shall also elect a clerk, whose duties shall be to record the proceedings of the board and all other duties required of him by this Act, or by order of the board. Any two members of the board shall constitute a quorum for the transaction of all business. Chairman and clerk. Sec. 6. Be it further enacted, That said board of commissioners shall establish and maintain, at some convenient place within the fire limits of said town, a dispensary for the sale of such spirituous, vinous and malt liquors, including cider and other intoxicants, as said board may prescribe. They shall also select some man of good moral character and strictly sober habits as manager of said dispensary, and he shall have charge of same under the supervision of said board. Such manager shall be employed by the year, but shall be removable at any time by said board for any violation of this Act, any regulation of the board, or any law or ordinance of the State or town, or any conduct unbecoming a gentleman. Said board having authority at all times to appoint a successors to said manager. Manager. Sec. 7. Be it further enacted, That each manager, before entering upon the discharge of his duties as such, shall subscribe to the following oath before some one of the commissioners: I do solemnly swear that I will faithfully and honestly perform all and singular the duties required of me as manager of the dispensary of Hogansville, Georgia; that I will not willfully violate or willingly permit violated, any of the laws of this State, or ordinance of the town, or regulation of the board respecting the sale of any intoxicants while I hold the position of manager of said dispensary, so help me God. And in addition to said oath he shall be required to give good bond and security to faithfully account to said board for all

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goods and moneys that shall come into his hands as such manager. The amount of said bond and the solvency of the sureties to be determined and passed upon by the board. He shall receive six hundred ($600.00) dollars per annum, payable monthly, and in no event shall his salary be contingent upon the sales or profits of the dispensary. Oath and bond of manager. Salary. Sec. 8. Be it further enacted, That said board shall purchase such liquors, wines, ciders, and other intoxicants as they shall decide to keep in said dispensary, and deliver same to the manager as hereinafter prescribed. All bills for same shall be paid by the clerk only after approval of the chairman of the board. Stock. Sec. 9. All sales made by the manager shall be for cash only, and all money received on account of sales of any one day shall be deposited in a bank at Hogansville the following morning. He shall keep a well-bound book in which he shall enter all sales made by him, showing to whom sold, kind of liquor, quantity, and the price received. The books of the manager and of the board of commissioners shall be open to inspection by the council at all times. Sales and daily deposits. Sec. 10. The commissioners shall each receive for their services fifty dollars per annum, and the clerk shall receive $200.00 per annum. Salaries. Sec. 11. Be it further enacted, That the said board of commissioners may make such rules and regulations from time to time, not in conflict with this Act, or the laws of the State, as may seem expedient for the conduct of the dispensary, always looking to the peace, good order, and morals of the town, and in addition to any regulations made by them and superior to same the following rules are hereby created: First. All liquors, wines, cider, and other intoxicants shall be purchased from responsible and reputable firms or persons with the distinct understanding that they shall be of the quality represented and subject to inspection, or analysis, and if not found as represented, they shall be returned at the expense of the seller. Second. No package of liquor, or any other intoxicant purchased for the dispensary, shall be broken or opened except in the presence of one or more of the commissioners, and it shall be immediately, and in the presence of one or more of the commissioners, be drawn off and bottled in such sizes as they may designate, and each bottle sealed and labeled with the kind and selling price printed on the label. They shall take the manager's receipt of the number and selling price of the bottles, and the same shall be a charge to be accounted for by the manager and the

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sureties on his bond. In case of malt liquors, they shall be ordered already bottled in pints and quarts, and they shall be counted and receipt given as before prescribed. Third. No one person shall be allowed to purchase in any one day more than one quart of spirituous or vinous liquor, or more than one gallon of malt liquor or cider, except upon a physician's prescription, or a physician himself, to be used in his practice, and then the prescription or order of the physician must be filed and kept by the manager as his voucher for so doing. Fourth. All spirituous or vinous liquors shall be bottled in either quarts, pints, or one-half pint packages, and securely sealed and labeled, as before prescribed. Fifth. No seal shall be broken or bottle opened, or any drinking allowed on the premises, and the council shall provide by suitable ordinance for all violations of this rule. Sixth. Said dispensary shall not be opened before 6 o'clock a. m. nor close later than 6 o'clock p. m., and no sale shall be made or package delivered from the dispensary after or before said hours, except upon a physician's prescription, which must be filed and kept as the manager's voucher for so doing. Seventh. Said dispensary shall be closed on Sundays and all election days, and at such other times as the board or the council may direct. Eighth. No person or persons shall be allowed to congregate or loiter in or about the dispensary, and the manager is hereby constituted as a police officer, with all the powers of a deputy marshal, to arrest any and all persons violating any of these rules. Regulations. Sec. 12. The said board of commissioners shall have power and authority, upon a proper showing made to them, to forbid the manager to sell any intoxicants to such persons as are habitual drunkards, or those whom, while under the influence of liquor, abuse their families, or to those who fail to provide a suitable support for those dependent upon them, and for any violation of this section by the manager he shall be immediately discharged. Drunkards Sec. 13. Any member of the board of commissioners, or the manager, may be removed by the council upon conviction before them of any malpractice in office, refusal to perform any of the duties required of him as commissioner, or upon proof of having received any emoluments, present or rebate whatever for his influence or orders for goods for the dispensary. Malpractice. Sec. 14. Said board of commissioners shall be styled the board of commissioners of the Hogansville dispensary, and as such may be sued and sue, contract and be contracted with, to lease, rent, or purchase buildings for the conduct of the business of the dispensary. But said expenditures and expenses of conducting the dispensary

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shall all be paid and maintained from the proceeds of the dispensary. They shall fix the selling price of all liquors, etc., kept in said dispensary, and the manager shall make no other prices than those set by the commissioners. Commissioners incorporated Sec. 15. The manager shall make a monthly report to the commissioners of the amount of sales, amount of stock on hand, and the incidental expenses of running same. The commissioners shall make a quarterly report to the council of the financial condition of the dispensary, showing both receipts and disbursements. Reports of manager. Sec. 16. Be it further enacted, That the proceeds of the dispensary shall be appropriated, first, to the payment of such liabilities as may be incurred in its operation. Then, after retaining sufficient for the maintenance of same for one quarter, the balance shall be paid over to the town council, who shall appropriate one-fourth to the county, one-half of the remaining amount turned over to them, or so much as may be necessary to pay the running expenses of the public schools of said town. The other half, or the remainder, shall be placed in the general fund of the town. Proceeds, how disposed of. Sec. 17. Be it further enacted, That the said board of commissioners are hereby empowered to borrow, from any available source, sufficient funds to put the said dispensary in operation, the same to be repaid as provided for by section 16. Commissioners may borrow money Sec. 18. Be it further enacted, That at the expiration of two years after its establishment, if the dispensary fails to be self-supporting, then, upon petition of twenty-five freeholders who are voters in said town, the town council then in office may order an election to determine whether the dispensary shall be continued in operation or not. Dispensary, continuance of. Sec. 19. 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. Repealing clause. Approved Dec. 2, 1901.

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HOGANSVILLE, TOWN OF, PUBLIC SCHOOL SYSTEM. No. 338. An Act to amend an Act entitled an Act to authorize the town of Hogansville, in the county of Troup, to organize a public school system, independent of the public school system of the State of Georgia; to provide for the maintenance and support of the same, and for other purposes, so as to define more fully the duties of the school commissioners; to regulate the time of their election; to give them power to charge a matriculation fee; to build and furnish school houses, and for other purposes, approved Dec. 5, 1895, so as to change the time of the election, number, and term of office of said commissioners, and also to change the maximum amount of matriculation fees allowed to be charged, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia. That so much of section 1 of the amended Act authorizing public schools in the town of Hogansville, in the county of Troup, beginning with the word that, in the fifth line of said section 1, and ending with the word commissioners in the tenth line, be, and the same is, hereby repealed, and the following substituted therefor: That the town council of Hogansville, Georgia, shall order an election by giving thirty days' notice, on the first Wednesday in April, 1903, and biennially thereafter, for two school commissioners, who shall serve for six years, and until their successors are elected and qualified. The present board being composed of only five shall retire as follows: One (1) in 1903, two (2) in 1895, and two (2) in 1907. The time of retirement of the present board to be determined by lot amongst themselves, so that after the election in 1905 the board will be composed of six members. They shall take their office immediately after the close of the spring term of the school. So that said section when so amended will read as follows: Be it enacted by the General Assembly of Georgia, That section (3) three of the original Act authorizing public schools in the town of Hogansville, in the county of Troup, be, and the same is, hereby repealed, and in lieu thereof the following is substituted: That the town council of Hogansville, Georgia, shall order an election by giving thirty days' notice, on the first Wednesday in April, 1903, and biennially thereafter, for two school commissioners, who shall serve for six (6) years, and until their successors are elected and qualified. The present board

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being composed of only five shall retire as follows: One (1) in 1903, two in 1905, two in 1907. The time of retirement of the present board to be determined by lot amongst themselves, so that after the election in 1905 the board will be composed of six (6) members. They shall take their office immediately after the close of the spring term of the school. Said election to be held and conducted in like manner as elections for members of the town council of Hogansville, and no person shall be allowed to vote in said election who is not entitled to vote for members of said town council; and said school commissioners, and their successors in office, shall elect from their own body a chairman, secretary, and treasurer, who shall serve without any compensation, and said board of commissioners shall fill any vacancies that may occur in their body from any cause. The treasurer shall be required to give bond for such sum as said commissioners may determine, payable to said board of commissioners, for the faithful discharge of duty as prescribed by the rules and by-laws of said commissioners. Said commissioners shall establish two schools in said town, one for the white and one for the colored children, and shall elect principals, and such other teachers as may be necessary for said public school; prescribe salary and the course of study; to determine the length of the scholastic terms, and the time of beginning and closing of said schools, and to adopt such rules and by-laws for their own government, and that of the school, as they may deem necessary for the purpose of carrying out this Act, not inconsistent with the Constitution and laws of this State. They shall have power to build, purchase, lease or rent such school houses, or other property, as may be necessary to carry on and make efficient said schools, and the title to all school property shall be vested in said board of commissioners, and their successors in office, for school purposes. Hogansville, school commissioners, election of and term of office. Sec. 2. Be it further enacted, That section 2 of said Act be amended by striking from same where they occur the words fifty, sixty and seventy-five cents, respectively, and insert in lieu the following: Seventy-five in place of fifty, one dollar in place of sixty, and one dollar and twenty-five in place of seventy-five, respectively, so that said section when so amended shall read as follows: Be it further enacted, That said board of commissioners may, in their discretion, prescribe a matriculation fee for children who attend said schools, not to exceed seventy-five cents for primary grades, and one dollar for intermediate grades, and one dollar and twenty-five cents for high grades, per month. Said commissioners shall have power to prescribe how and when the same shall be paid, and with the exception of such fee as is provided for, said school shall

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be opened free to all children between six and eighteen years old whose parents, guardians and natural protectors reside in the corporate limits of said town, for not less than nine scholastic months in each year; provided, said fee shall not apply to children of legal school age, so as to prevent them from attending the schools for the five scholastic months provided for by the State. Matriculation fees 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 Dec. 16, 1901. IRWINVILLE, TOWN OF INCORPORATED. No. 395. An Act to incorporate the town of Irwinville, in the county of Irwin; 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 Irwinville, and to grant a new charter to said town under the corporate name of the town of Irwinville, 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 town of Irwinville, in the county of Irwin, be, and the same is, hereby incorporated under the name and style of the town of Irwinville, and by that name may have perpetual succession; may have and use a common seal; may sue and be sued; may plead and be impleaded in any court of law or equity in the State; may purchase, have, hold, receive, enjoy and retain to themselves and their successors in office, for the use of the town of Irwinville, 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 deem fit and proper. The mayor, by the direction of the town council, making deed to any property sold or disposed of by said town. Irwinville, town of incorporated. Sec. 2. Be it further enacted by the authority aforesaid, That the starting point from which the boundaries of said town shall be measured is the center of the county court house, and the boundaries of said town shall be as follows: They shall extend on the

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south, east, north and west one-half mile from the said starting point. Corporate limits. Sec. 3. Be it further enacted by the authority aforesaid, That the municipal government of said town of Irwinville shall vest in a mayor and four councilmen, who shall be styled the mayor and council of Irwinville, and by that name are hereby made a body corporate. Corporate name. Sec. 4. Be it further enacted by the authority aforesaid, That an election shall be held in said town on the third Wednesday in January, 1903, and on the third Wednesday in January every two years thereafter, for a mayor and four councilmen, who shall hold their offices tow years, or until their successors are elected and qualified; said election shall be opened at eight o'clock a. m. and closed at four o'clock p. m., and shall be conducted under the same forms and regulations presented by law for election of members of the General Assembly, in so far as they are applicable to such election, and do not conflict with the specific rules herein prescribed. Mayor and councilmen, election of. Sec. 5. Be it further enacted by the authority aforesaid, That the superintendent of said election shall duly declare the result, and shall issue certificates of election to such persons as receive the highest number of legal votes polled, who shall, as soon as practicable thereafter, qualify by taking an oath before some officer authorized to administer oaths in said State, to well and truly perform the duties of their respective offices during their continuance therein, which oath and certificate of election shall be entered of record on the minutes of said council, and the list of voters and tally sheet of the same filed in the office of the clerk of council. Oath of. Sec. 6. Be it further enacted by the authority aforesaid, That the qualification of voters at said election shall be such as are required for elections to the General Assembly, and in addition thereto a bona fide residence within the corporate limits of said town for thirty days next preceding the election, and the payment of all legal taxes and fines required of them by said corporation, and no person shall be eligible to the election of performing the duties of the office of mayor or councilman who is not a qualified voter and freeholder in said town. Voters. Sec. 7. Be it further enacted by the authority aforesaid, That in case of a vacancy in the office of mayor or councilman from any cause an election to fill said vacancy shall be ordered by said council, to take place at such time as may be specified in said order, after public notice of the same by posting at the court house door in said town for the space of at least ten days before the date of said

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election. In case of the disqualification or absence from the town of the mayor, this office may be temporarily supplied by said board of councilmen by electing from this body a mayor pro tem., who shall perform all the duties of said office during the disqualification or absence of the mayor. Vacancies. Sec. 8. Be it further enacted by the authority aforesaid, That said mayor and council shall have authority to appoint a clerk and treasurer, marshal and such other officers as they may deem proper and necessary; to regulate the time and mode by which they shall appoint said officers; fix their fees and salaries; take their bonds; prescribe their duties and oaths, and to remove them from office or impose fines for neglect of duty for sufficient cause, at their discretion. Clerk, treasurer and marshal. Sec. 9. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority to assess, levy, collect such taxes, not to exceed three-fourths of one per cent. on the assessed value, ad valorem, of all property of every species, both real and personal, within the limits of said town, except church, school and fraternal organizations' property, at its market value, on the first day of February of each year, and also to levy and collect such special tax on trades, business, occupations, theatrical exhibitions, or other performances, carried on within the limits of said town, including circuses and shows of all kinds, itinerant traders, peddlers, and all other trades, games, devices or occupations as they may deem proper. They shall also have power to tax, license and regulate ten-pin alleys, billiard and pool tables, or to prohibit or remove the same for sufficient cause, as they may deem necessary. Property tax. Special taxes. Sec. 10. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have the power and authority to regulate the sale of malt, spirituous, or intoxicating liquors, drinks or beverages within the limits of said town; to fix the price of license, and to grant license for the sale thereof, in any quantity, and to punish for the unlawful sale of malt, spirituous or intoxicating liquors, drinks or beverages in said town; to prevent the keeping of malt, spirituous or intoxicating liquors, drinks, or beverages for unlawful purposes within said town, and to punish therefor; and the authorities of said town shall have the 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 malt, spirituous or intoxicating liquors, drinks or beverages are kept therein for unlawful sale, and to seize and hold such articles and things as may be found therein, to be used as

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evidence of a violation of any ordinance of said town or law of this State. Liquor sale of. Sec. 11. Be it further enacted by the authority aforesaid, That for the purpose of enforcing the payment or collection of the taxes, ad valorem or specific, judgments, fines or forfeitures, the mayor and council may prescribe such rules and regulations, and impose such penalties for a violation of the same, as they may deem necessary, and the mayor of said town is hereby vested with authority to issue executions for such fines or taxes as may become collectable in favor of said town, and the marshal may proceed to collect the same by levy and sale. In case of levy on personal property, after ten days' advertisement at the court-house door in said town, and in case of levy on real estate, by return to the sheriff of Irwin county, who shall advertise and sell in the same manner as is prescribed by State law for levies made on real estate and returned by constables. Taxes, how collected. Sec. 12. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority to open, change or abolish streets in said town, as the public interest may require, and shall keep in good order the streets and sidewalks in said town, and may require and compel all persons residing in said town, who may be subject by law to road duty, to work on the streets and sidewalks of said town, not to exceed fifteen days in each year, but may receive therefor a commutation fee from such persons, not to exceed three dollars per year, and the mayor of said town shall have the same power and authority to punish defaulters as road commissioners of this State may have. Streets. Commutation tax. Sec. 13. Be it further enacted by the authority aforesaid, That said mayor and council shall have full power and authority to enact and enforce all ordinances, by-laws, rules and regulations necessary to the good government of said town, and securing and promoting the health of the citizens thereof; to impose a license upon dogs in such manner as they may deem best; to protect places of divine worship, or other public gatherings; to provide places for the burial of the dead, and to regulate interments therein; to make regulations to guard against danger or damage by fire; to abate nuisances; to protect the public health, and to promote and protect the morals, peace and good order of said town. Municipal power. Sec. 14. Be it further enacted by the authority aforesaid, That the mayor, and in his absence or sickness the mayor pro tem., and in the absence of both any member of the council, shall hold a police court in said town, at any time, for the trial and punishment of all violations of the ordinances, by-laws, rules and regulations

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of said town, and may exercise all the powers conferred by this charter upon the mayor; and it shall be the duty of the mayor to keep a docket, upon which he shall plainly enter all cases and judgments tried or rendered by him, and he may punish for any violation of a town law, ordinance, rule or regulation, by a fine not to exceed one hundred dollars, and costs of trial, imprisonment in the calaboose or the county jail, by permission of the county authorities, not exceeding sixty days' work on the streets, or other public or private works, under the supervision of the policemen of said town, not exceeding sixty days, one or more, or all of these, at the discretion of the trial court. While sitting as a court for the trial of offenders the said court shall have power to punish for contempt, not exceeding fifty dollars, imprisonment or work in the manner above described in this section, not exceeding fifty days, one or both, at the discretion of the trial court. There may be an appeal in any case from mayor's decision to council, and judgment therein may be reviewed by certiorari by the superior court of Irwin county, in the same manner as cases are reviewed by certioraris from justice and county courts of said county. It shall be the duty of such mayor to act as the presiding officer of the council when in session, and look after the promotion of the peace and good order, and the enforcement of ordinances, by-laws, rules and regulations of said town. He may appoint special police officers whenever he deems it necessary. The mayor is authorized to issue warrants for offenses committed within the 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 may commit to jail or take bond for appearance before the State court having jurisdiction of the offense. Police court. Sec. 15. Be it further enacted by the authority aforesaid, That the mayor, or those holding the mayor's court in his stead, shall have power and authority to subpoena witnesses to attend the mayor's court under the same rules and regulations that regulate and govern the superior courts of this State; to compel their attendance, and punish witnesses or others for contempt, under the provisions already provided for in this charter. Powers of. Sec. 16. Be it further enacted by the authority aforesaid, That the mayor and council shall keep, or cause to be kept, by their clerk and treasurer, a record of all ordinances, by-laws and regulations, a minute of the council proceedings, and such other books and records as may be necessary, all of which shall be open to inspection by the public of said town, as other public records. Records. Sec. 17. Be it further enacted by the authority aforesaid, That

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upon the conviction of any person in the mayor's court, and a fine and costs are imposed, there shall be assessed in addition to fine the sum of two dollars as mayor's cost for trial of the case, fifteen cents for each subpoena issued by him, and one dollar and twenty-five cents for warrant issued, and for the marshal or other arresting officer the same costs allowed constables for similar services, which fine and costs, when collected by the marshal, shall be turned over to the clerk and treasurer of the town council, taking his receipt therefor, and all money thus collected shall be used in payment of the general expenses of the town government. Costs in mayor's court. Sec. 18. Be it further enacted by the authority aforesaid, That James B. Clements is hereby appointed mayor of said town. A. T. Barker, T. J. Luke, Marcus Luke and Warren Fletcher, be, and they are, hereby appointed councilmen of said town, to hold their offices until the first election of mayor and councilmen of said town on the third Wednesday in January, 1903, and until their successors are elected and qualified; the above named officers to enter upon the discharge of their duties immediately after the passage and approval of this Act. Mayor and councilmen appointed. Sec. 19. Be it further enacted by the authority aforesaid, That the council shall, by ordinance, fix and determine the amount of the salaries and compensation of all the town officials, and the time the same shall be paid; provided, however, the salary of the mayor shall not be fixed by said council at more than twenty-five dollars per annum. Salaries. Sec. 20. 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 Dec. 19, 1901. IRWINVILLE, TOWN OF, CHARTER REPEALED. No. 413. An Act to repeal an Act incorporating the town of Irwinville, in the county of Irwin, approved December 22, 1857, 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 Act of the General Assembly, approved December 22, 1857, incorporating the

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town of Irwinville, in the county of Irwin, be, and the same is, hereby repealed. Irwinville, town of, charter repealed. 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 Dec. 18, 1901. JACKSON, TOWN OF, CHARTER AMENDED. No. 224. An Act to amend an Act incorporating the town of Jackson, Butts county, Georgia, approved September 18, 1883, by adding thereto as set out in the provisions of this Act, extend its corporate limits, and change its corporate name from the town of Jackson to the city of Jackson; also to amend an Act amending an Act incorporating the town of Jackson, Butts county, Georgia, approved December 22, 1898, reducing the number of its board of aldermen from eight to four. Section 1. Be it enacted by the General Assembly of the State of Georgia. That the inhabitants of the territory heretofore designated as the town of Jackson are hereby continued corporated by the name and style of the city of Jackson, a body politic and corporate, with power to govern themselves by such ordinances, resolutions and by-laws for municipal purposes as they may deem proper, not in conflict with the charter nor the Constitution and laws of this State, nor of the United States, with powers 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 all other Acts relating to its corporate capacity, and shall be able in law to purchase, hold, receive, enjoy, possess and retain for the use and benefits of the city of Jackson, in perpetuity for any number of years, any estate or estates, real or personal, and tenements, hereditaments of whatever kind or nature within the limits of said city for corporate purposes; to hold all property and effects now belonging to said city, either in her own name or in the name of others, to the use of said city for the use and purpose and interests for which the same were granted or dedicated; to use, manage and improve, sell and convey, rent or lease, and to have the like powers over property hereinafter acquired; to have and to use a common seal. Jackson, corporate name and powers.

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Sec. 2. The incorporate limits of the city of Jackson shall be extended beyond those designated in an Act incorporating its territory under the name of the town of Jackson, approved September 18, 1883, in an easterly direction, beginning at the southeast corner of the present city limits, running east fourteen chains and thirty-one links, and intersecting the incorporate limits of the town of Pepperton; thence fourteen chains along the western line of the incorporate limits of Pepperton to the northwest corner of the corporate limits of Pepperton; thence northeast twenty-two chains to a point intersecting the city limits of Jackson at the northeast corner. Corporate limits. Sec. 3. Be it enacted by the authority aforesaid, That the board of aldermen of said city shall consist of four members, who shall be elected at the next annual election, to be held the first Wednesday in January, 1902, and annually thereafter, and shall hold their office for one year, one to be elected from each ward. Aldermen. Sec. 4. Be it enacted by the authority aforesaid, That the words eight aldermen be stricken wherever it appears in an Act to amend an Act amending the Act incorporating the town of Jackson, Butts county, Georgia, approved December 22, 1898, and the words four aldermen be therein inserted. Aldermen. 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. Repealing clause Approved Nov. 23, 1901. JEFFERSONVILLE, TOWN OF INCORPORATED. No. 242. An Act to incorporate the town of Jeffersonville, in the county of Twiggs, and to define its limits; to provide for a mayor and council, and other officers of said town, and to prescribe their powers and duties; to provide for all matters of municipal concern and cognizance, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the town of Jeffersonville, in the county of Twiggs, be, and the same is, hereby incorporated under the name of the town of Jeffersonville; that the municipal government of the town of Jeffersonville shall be vested in a mayor and five councilmen, who are hereby constituted a body corporate under the name and style of the town of

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Jeffersonville, and by that name and style shall have a common seal, and be capable in law and equity to purchase, have, hold, receive and retain to them and their successors, for the use of the town of Jeffersonville, any estate, real or personal, of whatever kind or nature, and shall by the same name be capable to sue and be sued in any court of law and equity in this State, and to sell, alien or lease any estate, real or personal, the property of or belonging to said corporation, or to convey the same, or any part thereof, in any manner or way whatever. Jeffersonville, corporate name and powers. Sec. 2. Be it further enacted by the authority of the aforesaid, That the corporate limits of said town of Jeffersonville shall extend one mile in every direction from the public court house well in said town. Corporate limits. Sec. 3. Be it further enacted by the authority aforesaid, That T. S. Jones be, and he is, hereby appointed mayor of said town, and J. C. Shannon, J. G. Slappey, J. J. Wall, S. I. Dennard and A. S. Griffin be, and are, hereby appointed councilmen of said town, to hold their office until the first electioon of mayor and councilmen, on the first Wednesday in January (1903), nineteen hundred and three, until their successors are elected and qualified, the above named officers to enter upon the discharge of the duties of their office immediately after the passage of this Act, and that on the first Wednesday in January, 1903, and annually thereafter, elections for mayor and five councilmen shall be held, who shall hold their office for one year, and until their successors shall be elected and qualified. At all elections all persons who are qualified to vote for members of the General Assembly of Georgia under existing laws, and who have been bona fide residents of said town for sixty (60) days immediately prior to the election to be held, and who, before registering, as hereinafter required, have paid all taxes of every description legally imposed and demanded by the authority of said town, and who shall have been duly registered as hereinafter required, shall be qualified voters. All of said elections 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. The polls at all elections shall be opened at some convenient and accessible place in said town, at ten o'clock a. m., and closed at three o'clock p. m. The managers at all elections, before proceeding with said election, shall take and subscribe to the following oath: All, and each of us, do swear that we will faithfully superintend this day's election; that we are qualified as required

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by the charter of the town of Jeffersonville to hold the same; that we will make a just and true return thereof, and not knowingly permit any one to vote unless we believe him entitled to do so under the charter of said town, or knowingly prevent any one from voting who is so entitled, and that we will not knowingly divulge for whom any vote was cast unless called upon under the law to do so, so help us God. Said affidavit shall be signed by each superintendent in the capacity in which he acts. Said oath shall be made and subscribed before any officer authorized to administer an oath, and in the absence of any such officer said managers shall do so before each other. The managers at the election held under this charter shall issue to the newly elected mayor and councilmen a certificate of election to each of the persons elected, showing to what position said person was elected, and shall also certify the result of the election to the acting council, and the first said certificate shall be sufficient authority to the person so elected to enter upon the discharge of his duty, and the last said certificate shall be entered upon the records of said acting mayor and council. Said managers shall also furnish the mayor and council one of the tally sheets of said election, certified to by themselves as correct. In the event that the mayor or any member of the town council die, resign, or be removed from office, there shall be an election ordered to fill such vacancy, which shall be done by the mayor, or in case there is no mayor, by a majority of the council, upon ten days' notice in writing posted in two or more of the public places in said town, which election shall be held and conducted as herein provided, and the list of registered voters at the last regular election next preceding such special election shall be the legal voters at such special election. Mayor and councilmen appointed. Elections. Oath of managers. Vacancies. Sec. 4. Be it further enacted by the authority aforesaid, That before entering upon the discharge of their duties the mayor and councilmen shall take and subscribe the following oath: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as a mayor (or councilman, as the case may be) of the town of Jeffersonville, Twiggs county, Georgia, to the best of my ability and understanding, so help me God, which oath may be administered by any officer who, under the laws of Georgia, is authorized to administer oaths. Mayor and councilmen, oath of. Sec. 5. Be it further enacted by the authority aforesaid, That after the first election held under this charter that no person shall be allowed to vote in any election for said town who has not been duly registered as hereinafter provided, nor shall any person be

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allowed to vote in said first election who has not been a bona fide resident at least sixty days prior to said election of the territory embraced in this charter, nor who is not qualified to vote for members of the General Assembly under the laws of Georgia. Voters. Sec. 6. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk and treasurer of said town to open a registration book, or books, thirty days before each regular election, for the registration of the qualified voters of said town, which book, or books, shall be kept open from 9 o'clock a. m. till 12 o'clock m., and from 2 p. 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. It shall be the duty of clerk and treasurer, upon the application in person and not by proxy of any male citizen who is qualified to vote for members of the General Assembly, who has paid all taxes of every character legally imposed and demanded by the authority of said town, and who upon the day of election, if then a resident, shall have resided in said town for sixty days next prior thereto, to register the name of such person, recording on such list, beside the applicant's name, his age and occupation or business. Said clerk and treasurer shall not knowingly permit any one to register who is not lawfully entitled to do so, and may in any case before registering the applicant administer unto him the following oath: You do solemnly swear that you are a citizen of the United States; that you have resided in Georgia twelve months, in the county of Twiggs for six months, and in this town for sixty days next preceding this registration, or that by the date of the next town election, if still a resident of said town, you will have fulfilled these conditions; that it is your intention to remain a resident of this town until the date of the election for which this registration is taken; that you are twenty-one years old, and that you have paid all the taxes due the town of Jeffersonville, and that you have made all the returns required of you by the ordinance of this town, so help you God. Registration of voters. Registration oath. Sec. 7. Be it further enacted by the authority aforesaid, That any person voting at any election of said town who is not qualified to vote according to the provisions of this charter shall be guilty of a misdemeanor, and upon conviction thereof in any court in Twiggs county, Georgia, having authority to try misdemeanor cases under the laws of Georgia, shall be punished as prescribed in section 1039 of the Code of this State, 1895. Illegal voting. Sec. 8. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have power and authority to pass all laws and ordinances that they may deem necessary for the

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good government of said town, the protection of health, life, liberty, security and property of the inhabitants thereof, and have and enjoy all the rights, privileges and powers incident to such corporations, which does not militate against, or which is not repugnant to, the Constitution and laws of the United States, or of the State of Georgia. Corporate limits. Sec. 9. Be it further enacted by the authority aforesaid, That the mayor of said town of Jeffersonville shall be the executive officer of said town, and in his absence or disqualification the mayor pro tem. (who shall be elected by the councilmen from their number). He shall see that the laws of said town, the ordinances, the by-laws, the rules and regulations, and orders of the council, are duly executed. He shall have control of the marshal and police of the town, and may appoint special police whenever he may deem it necessary, and it shall be his duty to see especially that the peace and good order of the town is preserved, and that all persons and property therein are fully protected, and to this end he may cause the detention of all riotous and disorderly persons in said town. He shall have power to impose fines, not to exceed the sum of fifty dollars, or to sentence any offender against the laws and ordinances of said town to be confined in the guard house of said town, to be required to work upon the streets or public works of said town for any length of time not to exceed thirty days, or both, in his discretion, whenever they have violated any of the laws, bylaws, rules or orders of the council, or the ordinances of said town. Mayor, powers of. Sec. 10. Be it further enacted by the authority aforesaid, That said mayor and councilmen, at their first meeting after the passage of this Act, and at their first meeting after each annual election, and at any time that a vacancy may occur, shall elect a clerk and treasurer from their own number, or from among the citizens of said town, and in like manner they shall elect a marshal of said town, either from among the citizens of said town or any person that they may see fit to elect. The clerk and the treasurer and the marshal so elected shall each make and give to the mayor and council a bond in an amount to be fixed by the mayor and council, and to be approved by the mayor and made payable to him, conditioned for the faithful performance of their duties. Clerk, treasurer and marshal. Sec. 11. Be it further enacted by the authority aforesaid, That no person shall be elected or hold the office of mayor or councilman except such persons as are qualified by the laws of Georgia for representative in the General Assembly, and who have resided in said town one year next preceding the date of the election. Mayor and councilmen, qualifications of.

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Sec. 12. Be it further enacted by the authority aforesaid. That the said clerk and treasurer, and the said marshal, shall each receive such salaries or fees as the mayor and council may fix and deem just and proper, subject to change at any time. That the mayor and councilmen shall receive such salaries and be allowed such exemptions as may be ordered by the ordinance of said town. Salaries and fees. Sec. 13. Be it further enacted by the authority aforesaid, That the mayor and council shall have authority to tax all shows, auctioneers, sleight of hand performances and gift enterprises in said town as they may deem just and proper; provided, the same is not repugnant to the Constitution and laws of the State. Special taxes. Sec. 14. Be it further enacted by the authority aforesaid, That the mayor and council shall have power to prescribe fire limits in said town, and to prescribe the plan of building and the kind of material to be used in the building of houses within said fire limits. Fire limits. Sec. 15. Be it further enacted by the authority aforesaid, That the term of the mayor shall be for one year, and to begin immediately after his election and qualification. The term of the councilmen shall be for two years, except two of the councilmen to be elected at the first election held under this charter, which two shall be elected for one year, and at said first election voters at said election of councilmen shall indicate upon their ballots who they vote for for one year, and who they vote for for two years, and at each annual election thereafter two new councilmen shall be elected, and the term of the councilmen shall begin immediately after their election and qualification, and the term of the clerk and treasurer shall be for one year, or at the will of the mayor and council, and the marshal hold his office for one year, subject, however, to removal at any time at the will of the mayor and council. Officers, terms of. See. 16. Be it further enacted by the authority aforesaid, That the mayor and council shall have the power and authority to do any and all things that are usually done by corporations of like character in this State, which are not contrary to the Constitution and laws of the United States, or of this State, or in conflict with this Act. General powers. Sec. 17. Be it further enacted by the authority aforesaid, That the mayor and council of said town of Jeffersonville shall have no authority to levy any general or specific taxes on the property or business of the residents of said town, except as herein specially provided by this Act. It being the intention of this Act that the entire expenses of the government of said town shall be paid out of the profits of the dispensary established for said town, and which,

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under the provision of the Act establishing said dispensary, the funds from same are to be paid into the treasury of said town. Taxing powers. Sec. 18. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved No. 29, 1901. JEFFERSONVILLE, TOWN OF, PUBLIC SCHOOLS FOR. No. 262. An Act to authorize the mayor and council of the town of Jeffersonville, in the county of Twiggs, to establish and maintain public schools in and for said municipality, under and in conformity with section 4, article 8 of the Constitution of Georgia, and to authorize the county school commissioner of Twiggs county to pay over to said mayor and council of said town such part of the State school fund as may be a just pro rata of said town. Section 1. Be it enacted by the General Assembly of the State of Georgia, That the mayor and council of the town of Jeffersonville shall have authority, and it shall be their duty, to establish a system of public schools for said town of Jeffersonville; to examine and employ teachers for said public schools, and to make such laws and regulations for the government of said public schools as they may deem necessary. Jeffersonville, publie schools for. Sec. 2. Be it further enacted by the authority aforesaid, That separate schools shall be provided for the white and colored children of said town, and if there are not enough colored children in said town to make a school, the mayor and council may make arrangements with the colored school teachers outside of the town to teach the colored children living in the corporate limits of said town. Separate schools for white and colored. Sec. 3. Be it further enacted by the authority aforesaid, That the mayor and council of said town of Jeffersonville shall have authority to provide for an admission fee, and for the collection of the same, not to exceed one dollar and fifty cents ($1.50) per annum, from each child of the parent, guardian or natural protector of such child attending said public schools. Admission fee. Sec. 4. Be it further enacted by the authority aforesaid, That the school commissioners of Twiggs county are authorized and required

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to pay over to said mayor and council of the town of Jeffersonville, under such rules and regulations as said board of commissioners may prescribe, the portion 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. Pro rata share of county school fund, Sec. 5. Be it further enacted by the authority aforesaid, That the mayor and council of the town of Jeffersonville may admit the children of nonresidents, and those who have not resided within said town twelve months, to the benefit of said public schools upon the payment of such fees and tuition as to them may seem reasonable and just. Non-resident children. Sec. 6. Be it further enacted by the authority aforesaid, That the said mayor and council shall have authority to levy any taxes for the maintenance of said public schools, but the same shall be established and maintained from the treasury of said town, and the amounts to be paid to said mayor and council, as provided under sections three, four and five of this Act. Tax. Sec. 7. Be it further enacted by the authority aforesaid, That said mayor and council shall have authority to pass all such ordinances as may be necessary to carry out the provisions of this Act, not inconsistent with the laws of this State. Municipal powers. Sec. 8. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 5, 1901. NOTE.In section 6 insert the word no before the word authority to express evident intention. JEFFERSONVILLE, TOWN OF, DISPENSARY FOR. No. 241. An Act to authorize and empower the mayor and council of the town of Jeffersonville, Georgia, to establish a dispensary for the sale of spirituous, vinous and malt liquors; to provide for regulations of said dispensary, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That so soon as practicable after the passage of this Act the mayor and council of the town of Jeffersonville, Georgia, shall establish and maintain, at some point within the corporate

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limits of the town of Jeffersonville, a dispensary for the sale of spirituous, vinous and malt liquors. Jeffersonville, dispensary for. Sec. 2. Be it further enacted, That the said mayor and council of the town of Jeffersonville shall, from time to time, elect a citizen of said town, to be known as the manager of the dispensary, who shall have charge and control of said dispensary, under the supervision and direction of the mayor and council of the town of Jeffersonville. Said manager shall be chosen for such term as the mayor and council of the town of Jeffersonville shall deem best, and shall be removable by them at any time for what they deem sufficient cause. He shall be required to give bond in a sum fixed by the mayor and council of the town of Jeffersonville in not less thandollars, conditioned for the faithful accounting of all the money 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 mayor and council of the town of Jeffersonville in their regulations. He shall receive a salary to be fixed by the mayor and council of the town of Jeffersonville, and his compensation shall not be dependent upon the amount of sales. Dispensary manager. Sec. 3. Be it further enacted, That the manager of the dispensary shall purchase and at all times keep, under the supervision of the mayor and council of the town of Jeffersonville, a stock of spirituous, vinous and malt liquors in such quantities as the mayor and council of the town of Jeffersonville shall direct, but the bills incurred for the establishment and maintenance of the dispensary and the purchase of the stock from time to time shall be paid by the treasurer of the town of Jeffersonville upon the presentation of such bills, approved in the manner prescribed by the mayor and council of the town of Jeffersonville. Said manager shall sell only for cash, and shall turn over all money received by him to the treasurer of the town of Jeffersonville each day, who shall keep a separate account of the same. Stock. Sales and proceeds. Sec. 4. Be it further enacted, That the mayor and council of the town of Jeffersonville shall make, from time to time, rules and regulations for the operation of said dispensary. The quantity to be sold any purchaser shall be determined by them, but in no event shall said liquors 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. The dispensary shall not be opened before sunrise, and shall be closed each day before sunset. It shall be closed Sundays, legal holidays, and such other days as the mayor and council of the town of Jeffersonville shall direct. The manager shall be bound by the laws of this State regulating the sale of

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liquors, and all regulations of the mayor and council of the town of Jeffersonville not in conflict with the laws of this State. Regulations. Sec. 5. Be it further enacted, That the prices at which spirituous, vinous and malt liquors shall be sold shall be fixed by the mayor and council of the town of Jeffersonville, and it shall be the duty of said manager to fully carry out the prices fixed by said mayor and council of the town of Jeffersonville for the sale of said spirituous, vinous and malt liquors. Prices of liquors. Sec. 6. 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. Said manager shall make a weekly report to the mayor and council of the town of Jeffersonville showing the amount of sales for the preceding week and the stock on hand on the last day of said week. Sales, how made. Sec. 7. Be it further enacted, That no spirituous, vinous or malt liquors shall be sold in said dispensary to persons purchasing for the purpose of selling again, either lawfully or unlawfully, and said mayor and council of the town of Jeffersonville are required to make such rules, and to require the manager to make such investigations, as will prevent persons from so purchasing. Sales Sec. 8. 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 failure to comply with this section he shall be removed by the mayor and council of the town of Jeffersonville. Any person refusing to leave the dispensary, or the premises upon which it is situated, shall be punished upon conviction in the mayor's court as shall be prescribed by the ordinances of said town. Loiterers. Sec. 9. Be it further enacted, That the mayor and council of the town of Jeffersonville shall, from time to time, pass such ordinances as may be necessary to carry out this Act, and shall provide suitable penalties for the violation of this Act and the requirements of the mayor and council by the manager and other persons. Municipal control. Sec. 10. Be it further enacted, That said dispensary shall be maintained and operated from the profits arising from the sale of the spirituous, vinous and malt liquors; provided, however, that to inaugurate and start said dispensary, and purchase the first stock, the mayor and council of the town of Jeffersonville are hereby authorized to borrow money and pledge the credit of the town of Jeffersonville for said purpose, said obligations to be paid out of the first profits arising from said dispensary Said dispensary must

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be self-sustaining, or said mayor and council of the town of Jeffersonville shall discontinue such unproductive and unprofitable dispensary. Dispensary, how established and maintained. Sec. 11. Be it further enacted, That the mayor and council of the town fo Jeffersonville shall disburse the funds of said dispensary as follows: First. To the payment of such liabilities as shall be incurred in its operation. Second. To keeping up and in good repair the streets and sidewalks of the town of Jeffersonville; provided, however, that for the expenses of the town government and the keeping up of the streets and sidewalks not more than one-half nor less than one-fourth of the net profits arising from said dispensary be used for such purposes. Third. Maintaining and keeping up a public school in the town of Jeffersonville, to which all children in the county of Twiggs shall be admitted free of charge. And for such other purposes as the mayor and council of the town of Jeffersonville may deem expedient. Disbursements, how made. Sec. 12. Be it further enacted, That no person holding any office or position of any kind under the charter and ordinances of the town of Jeffersonville, or county office in the county of Twiggs, shall be eligible to be chosen as dispensary manager during the time for which he is elected for such office or position. Manager. Sec. 13. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Nov. 29, 1901. KESTLER, TOWN OF, CHARTER AMENDED. No. 382. An Act to amend the charter of the town of Kestler, in the county of Early, and for other purposes. Be it enacted by the General Assembly of Georgia, That the charter of the town of Kestler, Georgia, as contained in the Act provided December 6, 1900, touching the incorporation of said town, be amended by adding thereto the sections hereinafter set forth. Wherever any provisions of the charter now in force, prior to the adoption of this Act, shall conflict with what is hereinafter set forth, the provisions of this present Act now being enacted shall prevail and the provisions of the former charter shall be pro tanto repealed, but otherwise shall remain of full force and effect. Kestler, town of.

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Sec. 9. The municipal authorities of said town shall consist of a mayor and four councilmen, who together shall be known as the council. Three councilmen, or the mayor and two councilmen, shall be necessary to the passage of an order, resolution, ordinance, or other official action of the 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 the mayor whenever the mayor, for any reason, cannot or will not act, or declines to do so. Mayor and councilmen. Sec. 10. The mayor or any councilmen 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 any act amounting to a felony under the laws of this State, or involving moral turptitude. 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. Malpractice. Sec. 11. If an election is not held at the prescribed time, a special election may be called by the council, or according to the provisions of section 692 of the Code of Georgia, volume 1. Vacancies existing in the town 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 town council, of which election ten days' public notice shall be given. All general and special elections in said town 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. Elections. Sec. 12. On Friday following the regular election for mayor and councilmen, as soon thereafter as practicable, the 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 council. A certificate from the 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,

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or if he be absent from the town by leaving at his most notorious place of abode, before his qualification in manner aforesaid, the certificate of the election managers shall be conclusive. Newly elected mayor and councilmen. Sec. 13. The following persons, and no others, except as is otherwise provided herein, shall be qualified to vote in general and special elections in said town: All persons eligible to vote for members of the General Assembly, according to the law of the State of Georgia, shall have resided in said town for three months preceding such election, and who shall have paid all taxes required of them by the town of Kestler, and in general elections for mayor and councilmen, who shall have been registered as hereinafter provided. The town 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, except as may be otherwise provided in this Act. Voters. Sec. 14. 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 council, or some other person whom the 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 answer to the fact of his possessing the qualification of a voter as set forth in section 13 of this Act. The signature may be made my mark; provided, the officer 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 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 1st 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 town, 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

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those persons whose names are on the list furnished them by the mayor and no others to vote at said election. The 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. Sec. 15. 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 alloy anyone 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. 16. The 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 council shall select a clerk and marshal, and shall prescribe their duties and compensation, and such other regulations as they may deem necessary. Officers, Sec. 17. The council, each year before the annual election for mayor, may fix the salary for 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 town, and may provide for the disposition of said fees and cost. Salaries and fees. Sec. 18. Power is hereby conferred upon the mayor, mayor pro tempore and clerk of the council, respectively, to administer an oath or affidavit in relation to any matter connected with affairs of the town government of Kestler. Officers may administer oaths. Sec. 19. The police court of the town of Kestler may be held at any place in said town, or at any time except Sunday. It may be held by the mayor or mayor pro tempore, under such regulations as the council may adopt. The officers presiding in said police court shall have authority to punish persons convicted therein of violating the ordinances of said town by fine not exceeding one hundred dollars, by imprisonment in such place as the council may provide for a prison, for a term not exceeding one hundred days, either or both, and to coerce the payment of fines imposed by imprisonment. Labor in the chain-gang on the ctreets, 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 council may suppress [Illegible Text] 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.

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Sec. 20. Any person convicted in the police court may obtain certiorari directly from the decisions of the officer presiding in said court under the same rules as certiorari is obtained from the decision of the 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 council hearing the appeal. Certiorari. Sec. 21. The following sections from the first volume of the Code of Georgia of 1895 shall be of force and effect as law in relation to the town of Kestler, 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 it shall not license barroms or saloons. Municipal powers. Sec. 22. The town of Kestler shall have power to tax, license, and regulate hotels, boarding-houses, livery stables, means of public transportation, billiard saloon, ten-pin alleys, shows and exhibitions, drays, markets, and dealers in fish and oysters. They may impose special taxes upon any and all occupations and business, public or private, carried on in said town. They may tax by special tax and regulate the business of insurance companies, express companies, railroad 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 from said city. They may put an ad valorem tax, not exceeding the constitutional rate, on all property in said city. The taxing power of said town shall be as general, full and complete as that of the State itself. Special taxes. Property tax. Sec. 23. The 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 the public utilities, and all such franchises hitherto granted by the town are confirmed and made binding hereafter. The council 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, encroachments of any nature. They may regulate the manner in which awnings may be erected in said town, and may, by ordinance, prescribe a method by which they shall be kept in repair at the expense of

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the owner or person erecting them. They may require the removal of awnings at their discretion. Franchises. Sec. 24. The 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 town; they may maintain a system of water-works, gasworks, electric lights, or other lighting plant, sewerage, and may prescribe and enforce all needful regulations in respect to them. The council shall have authority to own, control and regulate cemeteries in said city, and to make all needful regulations in respect to the same. Fire department and fire limits. Light and water. Sec. 25. The council shall have authority to establish, maintain and enforce quarantine regulations and pass all needful ordinances respecting thereto. Quarantine. Sec. 26. Any process, summons, notice, execution, or other like paper required to be served by the charter or ordinance of said town may be served and executed, and arrests may be made by the marshal or any police officer of said town, unless otherwise provided, and at any place within the limits of said town. Service of papers and arrests. Sec. 27. The council may condemn or purchase property, public or private, and exercise control over the same anywhere within the territory designated as the limits of said town, and may, by ordinance and through their officers, regulate and control the same for any public purpose. Condemnation. Sec. 28. Recitals in deeds under a sale for municipal taxes or assessments in said city shall be evidence of the fact so recited in any court of this State, and shall be taken as prima facie true. Tax deeds. Sec. 29. The city council may adopt a code of ordinance, and may amend and repeal the same or any part of the same. Ordinances. Sec. 30. The enumeration of powers contained in this Act shall not be considered as restrictive, but the town of Kestler 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 prescribe 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. General powers. Approved December 17, 1901.

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LAGRANGE, NEW CHARTER FOR. No. 324. An Act to create a new charter for the city of LaGrange, in the county of Troup. Section 1. Be it enacted by the General Assmbly 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 territory now embraced in the corporate limits of the city of LaGrange, 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 LaGrange, 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 right, powers, titles, property, easements and hereditaments now belonging, or in anywise appertaining to said city of LaGrange, as heretofore incorporated, shall be, and are, hereby vested in the city of LaGrange, created by this Act. And the said city of LaGrange, 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 council, 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 council 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 LaGrange 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 LaGrange, created by this Act, is hereby made responsible as a corporate body for all legal debts, liabilities and undertakings of said city of LaGrange as heretofore incorporated. LaGrange, corporate name and powers. Sec. 2. Be it further enacted, That the government of said city shall be vested in a mayor and six councilmen. The present mayor and councilmen of the city of LaGrange 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 successors and associates shall have and exercise all the rights, powers and duties hereby conferred on the mayor and council of said city of LaGrange, created by this Act. Mayor and councilmen.

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Sec. 3. Be it further enacted, That the corporate limits of said city of LaGrange shall extend one mile in and air line in every direction from the center of the court-house, as now situated in the public square in said city. Corporate limits. Sec. 4. Be it further enacted, That on the first Wednesday in May next, there shall be elected a mayor, whose term of office shall be one year, or until his successor is elected and qualified, and three councilmen, whose term of office shall be two years; each of said councilmen shall hold office until his successor is elected and qualified. On the first Wednesday in May annually thereafter, there shall be elected a mayor, whose term of office shall be one year, or until his successor is elected and qualified, and three councilmen, whose terms of office shall be two years, or until their successors are elected and qualified, to fill vacancies occurring annually by expiration of terms. At the first regular meeting of the mayor and council after their election and qualification, they shall elect one of their number mayor pro tem., whose term of office shall be one year. In the event that the office of mayor, or any one or more of the said council shall become vacant by death, resignation, removal or otherwise, the mayor, or in case his seat is vacant, a majority of the council shall order a new election by giving notice such as the mayor and council may by ordinance provide, in one or more of the city papers, or at two or more of the most public places in said city, and said election shall be held and managed, returns made and results declared, in the same manner as regular elections, as hereinafter provided. Elections. Vacancies. Sec. 5. Be it further enacted, That all elections held under the provisions of this charter, and all elections in which any subject of question is submitted to the qualified voters of said city of LaGrange, shall be superintended and managed by a justice of the peace, or some other judicial officer, and two freeholders who are citizens of said city and own real estate therein, or by three free-holders, 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 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 court-house in said city, and the voting shall be by ballot. The polls shall open

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at seven o'clock a. m. and close at six o'clock p. m. Persons receiving the highest numbers 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 council. The mayor and council shall determine and provide for the pay of managers, and of any clerks that may be necessary in holding elections. Election managers. Oath of. Sec. 6. Be it further enacted, That the said managers shall certify two lists of voters and two tally sheets, and shall place one list of voters and one tally sheet in the ballot box, together with the ballots, and seal the same, and shall forthwith deliver the same to the ordinary of Troup county, Georgia. The other tally sheet and list of voters, together with a certificate showing the result of the 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 meeting of the mayor and council occurring after the expiration of three days from said election deliver said package to said mayor and council, 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 further 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 said 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 recevies the same, cause a copy of said notice to be served by the sheriff, or his deputy, on the contestee, 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 said city and published one time in any newspaper in said city. Said ordinary shall fix the time of hearing such 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 losing party shall pay all costs, for which said ordinary is authorized to render judgment and issue execution. List of voters and tally-sheets. Contests. Sec. 7. Be it further enacted, That all persons qualified to vote for members of the General Assembly of this State, and who shall

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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 shall be required by the registration laws of said city, shall be qualified to vote at any election provided for in this charter. Voters. Sec. 8. Be it further enacted, That no person shall be eligible to the office of mayor or councilman of said city unless he shall have resided in said city one year immediately preceding his election, and shall be a qualified voter in municipal elections for officers of said city and entitled to register under the registration laws of force in said city. Mayor, qualifications of. Sec. 9. Be it further enacted, That the mayor and council of said city shall have power to provide for the registration of voters prior to any and all elections for officers of said city; to make all needful laws and regulations for the same, and require that no person be permitted to vote in said elections unless registered; provided, that the books of registration shall always be open at least forty days immediately preceding any of said elections for officers which may be held in said city, and be closed ten days before such election; and, provided, when any voter has registered for the regular annual election for mayor and councilman in May of any year, no further registration shall be required of such voter at any intermediate election for officers occurring before the next regular annual election for mayor and councilman. But it shall be the duty of the official or officials making out the list of voters for the managers at such intermediate election for officers to expunge from the list any who may have become disqualified since the last regular annual election for mayor and council. The mayor and council shall, by appropriate ordinances, carry this section into effect. Registration of voters. Sec. 10. Be it further enacted, That on the Monday following the first Wednesday in May in each year the persons elected to the offices of mayor and councilmen, or to the office of councilmen, 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 well and truly perform the duties of mayor (or councilman, as the case may be) of the city of LaGrange, 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 they shall forthwith enter upon the discharge of the duties of their office. Mayor and councilmen, oath of.

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Sec. 11. Be it further enacted, That at the first regular meeting of the mayor and council of said city after their election and qualification, they shall elect a city clerk, who shall be ex-officio treasurer, tax receiver, tax collector and clerk of the mayor's court of said city of LaGrange; a marshal, a chief of police, if they deem it necessary, and as many policemen as in the judgment of said mayor and council may be necessary; a city attorney or attorneys, city physician, city sexton, a street superintendent, and such other officers as the mayor and council may deem necessary in the government of said city. Each of said officers shall take such oaths, perform such duties and give such bonds as the mayor and council may by ordinance prescribe; provided, that all bonds of officers shall be made payable to the city of LaGrange. Said mayor and council shall have power and authority, and it shall be their duty, to fix the salaries or compensation of said mayor and councilmen, and of all other officers, agents and employees of said city, which when once fixed shall not be diminished or increased during the term of office for which determined. All officers of said city shall hold their offices at the pleasure of the mayor and council. All expenditures of the mayor and council, and the compensation of the city officers, shall be paid out of the city funds by an order drawn by the city clerk and countersigned by the mayor, or in his absence by the mayor pro tem. Officers. Salaries and fees. Sec. 12. Be it further enacted, That during the sickness or absence of the mayor, the mayor pro tem., or in his sickness or absence, any one of the councilmen chosen by the council, shall be clothed with all the rights and privileges of the mayor, and shall perform the mayor's duties. Mayor pro tem. Sec. 13. Be it further enacted, That the mayor, or mayor pro tem., and four members of the council, shall constitute a quorum for the transaction of any business before the council, and the majority of the votes cast shall determine all questions and elections before the council. On all questions before the city council the mayor, or the mayor pro tem. if he be presiding, shall be entitled to vote only in case of a tie. Said mayor and council shall hold their regular monthly meetings at such time and place within the limits of said city as they may see proper, after giving due and public notice thereof, and they may hold called meetings when necessary to transact the business of the city. Quorum. Meetings, Sec. 14. Be it further enacted, That the mayor and each member of the city council shall be an ex-officio justice of the peace, so far as to enable any one of them to issue warrants for offences

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committed within the corporate limits of the city of LaGrange, to suppress riots or breaches of the peace, to arrest, confine, commit or bind over offenders against the laws of this State to answer for such offense before the proper tribunal. If, in the investigation of any case before the mayor of said city, or acting mayor, or council, when sitting on appeal, it should appear that the penal laws of the State have been violated, it shall be the duty of said mayor, acting mayor, or council, as the case may be, to bind over the offender, or offenders, to answer for such offense to the proper tribunal competent to try the case. Mayor and councilmen, ex-officio justices of the peace. Sec. 15. Be it further enacted, That the mayor of said city shall be the chief executive officer of the city of LaGrange. 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, and shall preside at all meetings of the mayor and council. Mayor, powers of. Sec. 16. Be it further enacted, That it shall be the duty of the city clerk 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 council, keep the different funds separate, make such report of the state of the different funds on hand and the condition of the treasury as the mayor and council may require, attend the meetings of the mayor and council, 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 council may require of him. Clerk, duties of. Sec. 17. Be it further enacted, That the marshal of said city of LaGrange shall be empowered to levy all executions in favor of said city, and all executions issued by authority of said mayor and council, whether for ad valorem, business tax, assessment, or any other taxes, or for fines, licenses, or any other claims or demands of said city, shall be directed as hereinafter described, and the said marshal shall have authority to levy and collect the said executions, advertise and sell property, real or personal, levied on thereunder, and to make all deeds where sales are made under executions. The marshal of said city shall have the same authority to place purchasers at marshal's sales in possession as sheriffs of this State have, and deeds to real estate sold by the marshal under execution shall have the same force and effect, and shall be admitted in evidence, as are sheriff's deeds in this State. The marshal of

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said city shall have such other and further powers and duties as may be conferred or imposed upon him by ordinance by the mayor and council of the city of LaGrange. Marshal, duties and powers of. Sec. 18. 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 councilmen chosen by the council may hold said court. Said court shall have the power to preserve order and compel the attendance of witnesses, and to punish for contempt by imprisonment, not exceeding thirty days, in the jail of Troup county, or in the city prison in the city of LaGrange, or by a fine not exceeding fifty dollars, or in lieu thereof by working on the streets or public works of said city not exceeding thirty days, one or all of said penalties; and said fine may be collected by execution, to be issued by the city clerk against the estate of the offender, if any estate be found, and if none, the offender may be imprisoned or worked on the streets or public works, as before provided. Said mayor's court of LaGrange shall have power to impose the following penalties for the violation in any place in said city, public or private, of any ordinance of the city passed in accordance with its charter; that is to say, fines not exceeding five hundred dollars imprisonment in the jail of Troup county, or city prison of LaGrange, not exceeding six months, or work on the street or other public works of said city for a term not exceeding six months, and any one or more, or all, of these punishments, in the discretion of the court. Imprisonment or work on the streets, or other public works of said city, may be imposed as an alternative for nonpayment of fine imposed within the time fixed by the court, or imprisonment or work on the streets or other public works of the city may be imposed in the first instance without any fine. Fines imposed as provided for in this section may be collected by execution, to be issued by the city clerk against the estate of the offender, if any estate be found, and if none the offender may be imprisoned or worked on the streets or other works, as provided in this section. The city clerk and marshal are hereby constituted officers of said court, and shall be entitled to receive for their services in the trial of causes such fees and costs to be collected from the defendant on conviction, or from the losing party, as may be established

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by the mayor and council, such fees and costs to be paid into the city treasury. Mayor's court. Powers of. Sec. 19. Be it further enacted, That the mayor and council of LaGrange shall have power to organize one or more work gangs, and to confine at labor therein persons who have been sentenced by the courts of said city to work upon the streets or other public works of said city, and shall have power to make all rules and regulations that may be suitable, usual or necessary for the government, discipline or control of such work gangs, and to enforce the same through its proper officers. Work-gangs. Sec. 20. Be it further enacted, That the mayor and council of LaGrange shall have power to authorize by ordinance the marshal or any policeman of said city to summon any or all bystanders to aid in the arrest of any person or persons violating any ordinance of said city, or law of this State, and to provide a punishment for any person or persons failing or refusing to obey such summons. Arrests Sec. 21. Be it further enacted, That it shall be lawful for the marshal or any policeman of said city, lawfully appointed, to arrest without warrant any and all persons, within the corporate limits of said city, who are, at the time of said arrest, or who, before that time, have been guilty within said limits, of the violation of any of the ordinances of said city, and to hold said persons so arrested until a hearing of the matter before the proper officer can be had; and to this end said arresting officers are authorized to imprison and to confine any person arrested by them in the city prison, or the jail of Troup county, for a reasonable length of time. The marshal and policemen of said city are authorized to the same extent as sheriffs of this State to execute warrants placed in their hands charging any person or persons with violating the criminal laws of this State. Arrests. Sec. 22. Be it further enacted, That the jailer of Troup county shall receive persons arrested by the officers of the said city of LaGrange, or convicted in the mayor's court of said city, or bound over from said court, into the jail of Troup county, upon the same terms as other prisoners, and said city of LaGrange shall be responsible to said jailer for expenses in receiving, discharging and keeping said prisoners when they are confined for violating the ordinances of said city. Prison. Sec. 23. Be it further enacted, That the marshal or any policeman of said city shall release any person arrested within the corporate limits of the city upon said person giving a bond, to be approved by the marshal or the mayor of said city of LaGrange,

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conditioned to pay the obligee in said bond an amount fixed by the marshal or mayor of said city, in the event said person arrested does not appear before the corporate authorities of the city at the time and place specified in the bond, and from time to time till the said person arrested is tried for the offense for which he or she was arrested. And should such person fail to appear at the time and place fixed and recited in the bond, said bond may be forfeited before the mayor's court of the said city of LaGrange, as the mayor and council may by proper ordinance provide. Said mayor and council shall have authority to compel the attendance of witnesses by imprisonment, if necessary, and to take bonds to secure their attendance, and to take and receive of parties such bonds as may be necessary to secure their attendance or compliance with the orders or sentence of the court, and to forfeit said bonds before the mayor's court and to pass ordinances to carry these provisions into effect. Appearance bonds. Sec. 24. Be it further enacted, That any person convicted before the mayor, mayor pro tem., or any member of the city council, sitting as a court, for any violation of the laws or ordinances of said city, may enter an appeal from the judgment of said court to the council of said city, provided the appeal be entered within twenty-four hours after the judgment is pronounced, and provided all costs are first paid and bond given to abide the final judgment in the case. The council of said city, on the hearing of any appeal case, shall have the power to increase or decrease the fine imposed by the mayor as they may think right and proper. Any person convicted on appeal by the council may have the right of certiorari to the superior court of Troup county, provided all costs are first paid and bond given in double the amount of the fine imposed, which bond shall be approved by the mayor for the appearance of the defendant to answer the final judgment or decree of the court; provided, that nothing in this section shall prevent the applicant for certiorari from filing the proper pauper affidavit in lieu of the payment of cost or giving the bond, as now required by law; provided further, that such applicant giving pauper affidavit in lieu of bond and costs may be imprisoned to await the final judgment on the certiorari. All applicants for the writ of certiorari to review the judgments of either the mayor's court or of the council on appeal, shall be made to and sanctioned by the judge of the superior court and filed in ten days after the decision complained of, and not afterwards. In all other respects, excepting the time in which the application shall be sanctioned

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and filed, they shall be governed by the same rules and regulations as govern applications for certiorari from a justice's court. Appeals. Certiorari. Sec. 25. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the city government the mayor and council of said city shall have full power and authority, and shall provide by ordinance, for the assessment 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. In addition to the ordinary tax herein allowed the mayor and council may, in case of emergency, to be judged of by them, levy an additional tax, when the same shall have been authorized by a vote of two-thirds of the legal voters of said city, not exceeding one-half of one per cent., on the taxable property of said city, the said additional tax to be added to the ordinary tax and collected at the same time and used for the same purposes. In addition to the taxes for ordinary current expenses herein allowed, the mayor and council may levy an extraordinary tax, not exceeding one-half of one per cent. on the taxable property of said city, to be used only for educational purposes, for paying or macadamizing the streets, or for paying the principal and interest of the public debt. Property tax. Extraordinary tax. Sec. 26. 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 Wednesday in May in each year after the passage of this Act, shall return the same for taxation under oath at any time from and after the first Wednesday in May and until the first Wednesday in July of each year, to the city clerk, or other officer authorized to receive tax returns for said city. The mayor and council 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 tax payer and property owner in said city shall fill out said schedule, entering thereon all the property owned or held in any capacity by said tax payer, of every kind and description, both real and personal, including money, notes and accounts, choses in 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 tax payer in said city in his own right, or as agent, trustee, guardian, administrator or executor, on the

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day determined by the mayor and council for the valuation of property for taxation, 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 city clerk, or other officer authorized by the mayor and council 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, real or personal, owned or held by me as agent, trustee, guardian, executor or administrator, or in any capacity whatever, on the day of (the day determined by the mayor and council for the valuation of property for tax returns) subject to taxation in the city of La Grange, including money on hand, notes, accounts, mortgages, stocks, bonds and other investments and securities, so help me God. And said oath shall be signed by the person making said tax returns, and attested by the officer receiving the said return. Said tax returns shall be, by the city clerk or other officer receiving the same, placed before the city tax assessors hereinafter provided for, when they meet to make their assessments. Said mayor and council shall have full power and authority to fix by ordinance the day in each year on which property shall be valued for taxation. Tax returns. Sec. 27. Be it further enacted, That said mayor and council shall, at their first meeting in May of each year, elect three intelligent, discreet and upright persons, citizens and qualified voters in said city, and owners of real estate therein, as city tax assessors, whose term of office shall be one year. Said city tax assessors may, at any time, be removed from office by the mayor and council for good and sufficient cause, to be judged by said mayor and council, and all vacancies occurring from any cause may be filled by the mayor and council at any time. 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 tax payer is too small. The mayor and council shall have authority to prescribe rules for the government of said city tax assessors. Said assessors shall make return of the assessments made by them to said mayor and council each year sixty days before the time for

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collecting taxes. When said return is made said mayor and council shall appoint a time and place for hearing objections to the assessments, said objections to be heard by the mayor and council, of which public notice shall be given, as may be prescribed by ordinances, and the clerk of said city shall give each owner of property whose tax returns of personalty 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 council shall prescribe by ordinance what notice, if any, shall be given. Said mayor and council 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 assessors shall take such oaths and receive such compensation as the mayor and council may prescribe. Said city tax assessors shall have power to require said tax payers 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. All assessments for taxes made by said assessors shall become final if no objection is made on or before the time set for hearing objections by the said mayor and council, notice such as the mayor and council may by ordinance prescribe having been given of such hearing; and if objections are made at the said hearing to any assessment the decision of said mayor and council, after hearing evidence, shall be final. The mayor and council, on the hearing of objections, may increase or decrease the assessments as made by the assessors. Tax assessors. Sec. 28. Be it further enacted, That in case any property which is subject to taxation was not assessed, if realty, by the tax assessors, or returned for taxation, if personalty, or for any reason has not been assessed for taxation and taxes collected thereon, in any year then passed, the city tax assessors may, at any time, assess said property for the said year or years, and double tax it, if there has been a failure to return it as required by law, and if the mayor and council shall have provided for double taxing of defaulters, and execution shall then issue therefor, as in other cases, at the rates for the several years in which no taxes were paid. This section shall apply to the assessment of property which before the passage of this Act in any year was not assessed for taxation, or was not returned for taxation and taxes collected thereon, as well as to property which in future may be omitted from any cause

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from return or assessment, and the collection of taxes thereon omitted in any year. And assessments may be made and execution issue hereunder, as well as for years prior to the passage of this Act as thereafter. And in case assessment has been made for any year or years, or shall be so made, and no execution issued, and no taxes have been paid on such property so assessed, then executions may issue at any time, based on said assessments, for the purpose of collecting the amount of taxes due on said property in such years, whether prior or subsequent to the passage of this Act. The mayor and council may provide by ordinances for the execution of the provisions of this section wherever ordinances are necessary. And said mayor and council shall provide by ordinance for notice to parties whose property has been, or may be, assessed for back taxes and the hearing of any complaint. All assessments referred to in this section shall be made by the city tax assessors. Back taxes. Sec. 29. Be it further enacted, That the mayor and council shall have the power and authority to provide by ordinance when the taxes of said city shall fall due, and in what length of time said taxes may be paid, when tax executions shall be issued against all persons who have not paid their taxes by the time fixed by ordinance, and to fix a penalty for the nonpayment of taxes when due. Taxes, payment of. Sec. 30. Be it further enacted, That executions for any and all taxes or fines, license fees, assessments or forfeitures, or demands due said city, or its corporate authorities, against any person or persons, firm, company or corporation, or against any property subject thereto, shall be issued by the clerk of said city, signed by him, bear test in the name of the mayor, and be directed to the marshal of said city, and all and singular the sheriffs, deputy sheriffs and constables of this State, commanding them that of any property belonging to the defendant against whom said execution is issued, or of the certain property described in the execution, they make by levy and sale the amount due on said execution with costs. The mayor and council shall provide by ordinance for advertising of, method of conducting, and all other regulations governing the sales by the marshal under city executions. The sheriffs, deputy sheriffs and constables of this State shall have the same power and authority to levy and collect executions issued by the city of LaGrange as they have to levy and collect executions from the various courts of this State. Executions, how issued Sec. 31. Be it further enacted, That said mayor and council

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shall have full power and authority to require any person, firm, company or corporation, whether a resident or nonresident of said city, 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, by themselves or their agent or agents, to register their names and business, calling, vocation or profession annually, and to require such person, company or corporation to pay for such registration, and for license to prosecute, carry on or engage in such business, calling or profession, such amount as the said mayor and council may by ordinance prescribe. Said mayor and council may provide by ordinance for the punishment of all persons, firms, companies or corporations required by ordinance to pay such occupation tax, or take out license for same, who engage in, or offer or attempt to engage in, such business, profession or occupation before paying such tax or taking out such license, or who fail to comply in full with all the requirements of the city council made in reference thereto. Occupation tax. Sec. 32. Be it further enacted, That said mayor and council 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 to arrange the various businesses, trades and professions carried on in said city that may be taxable, into such classes of subjects for taxation as may be just and proper. Classification of business. Sec. 33. Be it further enacted, That said mayor and council shall have autherity to regulate the opening and closing of all occupations, business and employments within said city, so as to provide at what hour each shall close and open, for the better preservation of the health, peace and good order of said city. Said mayor and council may classify the business, occupations and employments, and make such regulations for each class as they deem best. Police powers. Sec. 34. Be it further enacted, That said mayor and council shall have full power and authority to license billiard tables, pool tables and ten-pin alleys, and all billiard tables kept or used for the purpose of playing, gaming or renting, and all ten-pin alleys, nine-pin alleys, or alleys of any kind which are kept or used for the purpose of playing on with pins or balls, or either, for the purpose of renting the same, and to charge for said license such sum as they may by ordinance prescribe. Special taxes. Sec. 35. Be it further enacted, That said mayor and council have power and authority to pass such ordinances as they may think proper in regard to granting or not granting license to theatrical

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companies or performances, or for shows or other exhibitions, and to fix the amount of such license by ordinance. Shows, licenses for. Sec. 36. Be it further enacted, That said mayor and council shall have full power and authority to assess a tax on all persons carrying on a brokerage business, 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 dealing between them and their customers. Brokers' tax. Sec. 37. Be it further enacted, That the mayor and council of said city shall have full power and authority to license, regulate and control all markets in said city, all opera houses, livery stables, hacks, drays used for hauling of any kind, and other vehicles used for hire, vendue masters, auctioneers, itinerant traders, itinerant lightning rod dealers, emigrant agents, and agents of fire, accident or life insurance companies doing business in said city; clock and stove peddlers, peddlers of all kinds, itinerant dealers in jewelry or medicines, and all other traveling or itinerant venders of articles, wares or 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 or velocipede or skating rink; all solicitors, or canvassers, selling goods, wares or merchandise by sample, at retail or to consumers; and all other establishments, businesses, callings or vocations which under the Constitution and laws of this State are subject to license. Licenses. Sec. 38. Be it further enacted, That said mayor and council may by ordinances provide for enforcing the provisions of sections 31, 32, 33, 34, 35, 36 and 37 of this Act, by prescribing penalties for those who may engage in, or attempt or offer to engage in, any of the callings, professions or business therein mentioned without first having taken out the license required by law, or without having registered, if that be required. Also to provide for the collection of the license by issuing, levying and collecting executions therefor, as executions are issued, levied and collected for ad valorem taxes. Said mayor and council shall have power and authority to revoke any license granted under the provisions of this charter, for any violation of the laws or ordinances regulating the granting or issuing of said licenses. Municipal control. Sec. 39. Be it further enacted, That the mayor and council of said city shall have full power and authority to pass all by-laws and ordinances respecting public buildings and grounds, workhouses,

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public houses, carriages, wagons, carts, drays, bicycles, pumps, wells, springs, fire engines, care of the poor, the supervision of disorderly houses, houses of ill-fame, for the prevention and punishment of disorderly conduct and conduct liable to disturb the peace and tranquility of any citizen or citizens thereof, and 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. 40. Be it further enacted, That said mayor and council 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, grades of streets and sidewalks and alleys of said city; and whenever said mayor and council 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 the owner, or a trustee, executor, administrator, agent or guardian, in the manner provided by sections 4657 and 4686 of volume II. Code of 1895, of this State, and Acts amendatory thereof. Said mayor and council shall have full power and authority to remove, or cause to be removed, any buildings, steps, fences, gates, posts, or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks or other public places in said city, and to enforce the provisions of this section by appropriate ordinances. Streets. Condemnation. Sec. 41. Be it further enacted, That the mayor and council of said city shall have power to require every male inhabitant in said city, who by the laws of this State is subject to be worked on the public roads, to work such length of time on the streets of said city as said mayor and council shall direct by ordinance, in no case to exceed ten days in one year. Said person so subject to be worked on the streets shall have the right to relieve themselves of said work by paying a commutation tax, which said mayor and council shall fix by ordinance, and which tax shall in no event exceed five dollars for one year. Said work to be done and said commutation tax to be paid at such times as said mayor and council may direct. Any person subject to work on said streets who shall fail to work or to pay said tax, after being properly notified, may be punished in the mayor's court, as the mayor and council may by ordinance prescribe. Street work and commutation tax. Sec. 42. Be it further enacted: 1. That the mayor and council

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of said city shall have full power and authority, in their discretion, to grade, pave, macadamize and otherwise improve the travel and drainage of the sidewalks, streets, squares, public lanes and alleys of said city. 2. In order to carry into effect the authority above, the said mayor and council shall have power and authority to assess not more than two-thirds of the costs of paving and otherwise improving the sidewalks, including not more than two-thirds of the cost of the necessary curbing on the real estate abutting on the said sidewalks. 3. Said mayor and council shall 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, on the real estate abutting on one side of the street improved, and one-third of the cost on the real estate abutting on the other side of the street so improved; the real estate abutting on the street shall pay not more than two-thirds of the entire cost, in the discretion of the mayor and council, and any street railroad company, or other railroad company having tracks running through or across the streets of said city, shall be required to pave, macadamize or otherwise improve said streets in such proportion as the mayor and council may prescribe. 4. Said mayor and council shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the above purposes, for the amounts above set forth, as may be just and proper, estimating the total cost of each improvement made, and prorating the cost thereof on the real estate according to its frontage on the street, or portion of street, so improved, or according to area or value of said property, either or all, as may be determined by ordinance. 5. That the amount of the assessment on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment. 6. The mayor and council shall have full power and authority to enforce collection for the amount of any assessment so made for work, either upon the streets or sidewalks, by execution issued by the city clerk against the real estate so assessed, for the amount assessed against the owner at the date of ordinance making such assessment, which execution may be levied by the marshal of said city on such real estate, and after advertising and other proceedings, as in case of tax sales, the same shall be sold at public outcry to the highest bidder. Such sale shall vest absolute title in the purchaser. Said city marshal shall have authority to eject occupants and to put purchasers in possession; provided, the owner of

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said real estate shall have the right to file his affidavit denying the whole or any part of the amount for which execution is issued, and stating the amount which he admits to be due, which amount admitted to be due, with all costs, shall be paid before the affidavit shall be received, and the affidavit shall be returned to the superior court of Troup county, and there tried and the issue determined, as in cases of illegality, subject to the penalties provided as in case of illegality filed for delay. 7. The mayor and council shall have authority to pave and contract to pave the whole surface of the street, without giving any railroad company, or other property holder or occupant of the street, the option of having the space to be paved by them paved by themselves, or by a contract at his or its instance, the object being to prevent delay and to secure uniformity. 8. The lien for assessment on abutting property, and on street railroad or other railroad companies, for street or sidewalk paving, curbing, macadamizing, grading or draining, shall have rank and priority of payment next in point of dignity to liens for taxes, such lien to date from the passage of the ordinance authorizing the execution of the work in each case. 9. Said mayor and council shall have power and authority to prescribe by ordinance such other rules as they may, in their discretion, think necessary to grade, pave, drain, macadamize, or curb the streets, sidewalks and alleys of said city; to enforce by execution the costs thereof against the adjacent property owner and railroad companies, and to provide how the agents or owners thereof shall be served with notice by personal service or by publication. Street improvements, assessments for. Sec. 43. Be it further enacted, That the mayor and council of said city shall have full power and authority to establish, construct and maintain, or to permit any person, company or corporation to construct and maintain, one or more systems of sewerage and drainage, or parts of such systems, in said city, and around said city, for the health, cleanliness and comfort of its inhabitants; and the said mayor and council shall have entire and absolute control and jurisdiction over all said pipes, private drains and sewers, water closets, privies and the like, in said city, with full power to prescribe the location, structure, uses and preservation, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said city, and with power also to require changes in, or the total discontinuance of, any of such contrivances or structures already in existence, or that may hereafter be allowed. When any system of sewerage or drainage shall be constructed by the said mayor

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and council, assessments may be made and executions may issue for the expense thereof under the same rules and governed by the same provisions as assessments and executions for paving, grading or improving streets under this charter; and said assessments shall be a lien on the property so assessed, as provided in this Act for paving streets. And all the provisions in this charter in reference to making and enforcing assessments in paving streets and the amount thereof, shall apply in so far as they are applicable to constructing and maintaining sewers, and may be enforced by the mayor and council by appropriate ordinances. Sewerage and drainage, and assessments for. Sec. 44. Be it further enacted, That in case any sewer or sewers, or parts of same, shall be located upon or through private property, and the owner of said property refuses to grant a right-of-way for that purpose, and such owner and the authorities of said city cannot agree upon the damages to be paid for such easement, then assessors shall be appointed to assess the damage to said property by reason of, or on account of, the construction and maintenance of any such sewer through or upon the same. Said assessors to be appointed, notice given, and their award made, as in case of property taken for opening, straightening or widening streets under the charter and laws of said city. Upon the payment or tender of the amount of the award, the work may proceed, notwithstanding the entering of any appeal. Damages to private property. Sec. 45. Be it further enacted, That said mayor and council shall have entire control of said sewers, and generally of all matters in connection therewith; they shall control connections with said sewers, and may compel connections therewith when in their judgment the good of said city demands it; they may cause said connections to be made when the owners fail or refuse, and issue executions for the amount so expended, which executions shall be special liens on the property connected with said sewerage systems from the date of the order of connection. Municipal control. Sec. 46. Be it further enacted, That said mayor and council may provide by ordinance for the execution of the provisions of these sections regarding sewers, drainage and sanitation, except as to the taking of private property for the construction of sewers by such boards, committees or officers, as they deem best. Municipal control. Sec. 47. Be it further enacted, That for the purpose of the preservation of the health of the inhabitants of said city the mayor and council are empowered to extend their systems of sewerage or drainage beyond the limits of said city, and the provisions as to the construction and maintenance of such sewerage systems and

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the taking of property therefor shall apply to the territory without the limits of said city, as may be necessary for the construction of said systems. Sanitation. Sec. 48. Be it further enacted, That the mayor and council shall have full power and authority to make an assessment on 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 council are hereby empowered to collect the same by execution against the lots so assessed and the owners thereof; the amount so assessed shall be a lien on the lot from the date of the 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. The said mayor and council shall have power and authority to prescribe what shall constitute a lot for sanitary purposes and assessment; provided, no residence lot shall be less than twenty-five feet front, and no business lot less than ten feet front; provided further, the assessment made under this section shall not be made on vacant lots, and residence lots shall not be subdivided for assessment. Sanitary tax. Sec. 49. Be it further enacted, That said mayor and council 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 interests of citizens of any neighborhood within said city. The mayor and council are authorized to enforce the provisions of this section by appropriate ordinances. Sanitary regulations. Sec. 50. Be it further enacted, That said mayor and council 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, stovepipes and flues are to be constructed, and generally to do all such things as they may deem necessary to protect said city, so far as possible, from danger from fire, and prevent the spread of fire from one building to another. They shall also have authority to order any changes in the construction or arrangement of chimneys, stovepipes or flues, or the removal thereof, when, in their judgment, the same are dangerous, or likely to become so, and make the owner of the

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premises pay 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 council 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 council shall have authority and power to remove the same at the expense of the owner, which expense may be collected by execution. Fire limits. Sec. 51. Be it further enacted, That the mayor and council may by ordinance provide for a board of health, to consist of such number, to hold office for such length of time, and to have such powers and duties and to receive such compensation, if any, as the mayor and council may by ordinance provide. The chairman of the committee on sanitary affairs of the council shall be ex-officio a member of the board of health. It shall be the duty of said board of health to meet as often as may be necessary, or as the mayor and council may by ordinance prescribe, and to visit every part of the city, and to report to the mayor and council all nuisances which are likely to endanger the health of the city or any neighborhood. Said mayor and council shall have power, upon the report of said board of health, to cause such nuisances to be abated, and the recommendation of said board to be carried out in a summary manner, at the expense of the party whose acts or negligence caused such nuisance, or of the owner of the property upon which the same may be located, as the mayor and council may elect. And execution may be issued against such party to collect the expenses of removing such nuisances, which may be collected by the marshal by levy and sale as tax executions are collected. Board of health. Sec. 52. Be it further enacted, That said mayor and council of LaGrange shall have full power, upon the recommendation of the board of health, to cause the owners of lots or cellars within the corporate limits of said city to drain or fill the same to the level of the streets or alleys upon which said lots are located. That if the owners of said lots or cellars, or the occupants of the same, in the discretion of the mayor and council, shall fail or refuse, after reasonable notice to him or his agent, to comply with the requirements of said mayor and council, by draining said lots or cellars, or by filling up the same, it shall be lawful for said mayor and council to have this work performed and the amount so expended collected by execution issued by the city clerk against the

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owner or occupant of the lots or cellars, or against said property itself, as the mayor and council may elect, and collected as are tax executions, and the sale under such execution shall pass as complete and perfect title to the property sold as a sale by the sheriff under a judgment and execution. Sanitation Sec. 53. Be it further enacted, That said mayor and council shall have full power and authority to fill any vacancies that may occur in said board of health; that this Act may be plead as, and shall be, a complete bar to any action brought against the mayor and council, or either of them, for any act done under its provisions and the ordinances passed in pursuance of it. Vacancies on board of health. Sec. 54. Be it further enacted, That said mayor and council may by ordinance declare what shall be nuisances in said city, and provide for the abatement of the same. The mayor's court of said city of LaGrange shall have concurrent jurisdiction with the mayor and council of said city in respect to the trial and abatement of all nuisances in said city of LaGrange. Nuisances. Sec. 55. Be it further enacted, That said mayor and council shall have full power and authority to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to protect places of divine worship in and about the premises where held; to regulate the keeping of gun-powder, dynamite and other combustibles; to provide in or near said city places for the burial of the dead, and regulate the interment therein; to provide for the drainage of lots in said city by proper drains, sewers and ditches; to make regulations guarding against danger or damage by fire; to protect the person or property of the citizens of said city; to regulate and control public meetings and public speaking in the streets of LaGrange, and to prevent the obstruction of the streets of said city, or the gathering of disorderly crowds in said streets, and to enforce the provisions of this section by appropriate ordinances. Municipal powers. Sec. 56. Be it further enacted, That said mayor and council shall, in the exercise of their police powers, have full power and authority to pass such ordinances as they may think proper to more effectually prohibit the illegal sale of spirituous, vinous, malt or intoxicating liquors within the corporate limits of the city of LaGrange, and to that end may provide ordinances punishing any person or persons keeping in said city spirituous, vincus, malt or intoxicating liquors for illegal sale, or ordinances punishing any person or persons who may purchase in said city any of such liquors from any person or persons illegally selling, by himself or his

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agents, any of such liquors within the corporate limits of La-Grange. The marshal, or any policeman of said city, shall have full power and authority to enter, and, if necessary, to break open and enter, any place in said city which the mayor and council may have reasonable cause to believe, or may suspect to be, a blind tiger, or a place where spirituous, vinous, malt or intoxicating liquors are sold, and to seize the stock of such liquors and apparatus for selling the same. And said mayor and council, or the mayor of said city, shall have full power and authority to abate as a nuisance any place in said city which said mayor and council, or the said mayor, shall have reasonable cause to believe to be a blind tiger, or place where spirituous, vinous, malt or intoxicating liquors are sold, and to arrest the offender or offenders; and upon the conviction of any person for maintaining a nuisance, as above stated, and as a penalty for the same, said mayor and council, or said mayor, shall have full power and authority to cause the marshal and policemen of said city to seize and destroy the stock of liquors of such person, and apparatus for selling the same, and to otherwise punish the offender or offenders as may be prescribed by ordinance. Said mayor and council shall have full power and authority, by appropriate ordinances, to carry into effect and enforce the provisions of this section. Liquors, sale of. Blind tigers. Sec. 57. Be it further enacted, That the mayor and council shall be empowered and authorized through a committee, or by themselves, in the discretion of said mayor and council, whenever necessary, to examine into the working of and business of any office, or conduct of any officer, and said committee, or the mayor and council conducting said examination, shall have power to send for persons or papers, and said committee, or the mayor and council conducting said examination, shall have power to send for persons and papers, compel the attendance of persons summoned, swear witnesses, compel the production of books and papers, and all disclosures pertinent to such investigation. Officers, supervision of. Sec. 58. Be it further enacted, That the mayor and council shall have full power and authority to establish a fee-bill for the officers of said city, such fees, when collected, to be paid into the city treasury. Fees. Sec. 59. Be it further enacted, That no person holding any office under the city of LaGrange shall, during the time for which he was elected or appointed, be capable of contracting with said corporation, or its duly constituted officers, for the performance of any work which is to be paid for out of the treasury, nor shall

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any such person be capable of holding or having any interest in such contract, either by himself or by another, directly or indirectly. Contracts Sec. 60. Be it further enacted, That said mayor and council shall have power to take up and impound any horses, mules, hogs, cows or other animals running at large in said city; also to levy a tax on each dog in said city running at large, not to exceed one dollar a year, 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 city, and to enforce the provisions of this section. Stock running at large. Sec. 61. Be it further enacted, That nothing herein contained shall be construed as repealing an Act to authorize and empower the mayor and council of the city of LaGrange to purchase, build and maintain a system of waterworks, electric lights and sewerage for the city of LaGrange; to hold an election to determine the question of creating a bonded debt, and for other purposes, approved December 3, 1897. Light and water. Sec. 62. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 16, 1901. LAGRANGE, PUBLIC SCHOOL SYSTEM FOR. No. 375. An Act to establish a system of public schools in the city of LaGrange, Georgia, and provide for the maintenance and support of the same; to provide for a board of education; to provide for the issuance of bonds of said city for the purpose of purchasing school property, building schoolhouses, and for other purposes, after submitting the same to the qualified voters of said city of LaGrange. Section 1. Be it enacted by the General Assembly of the State of Georgia. That from and after the passage of this Act, there may be established in the city of LaGrange, in this State, a system of public schools, to be established, conducted, maintained, supported, and provided for in the manner prescribed in this Act. LaGrange, public schools for. Sec. 2. Be it further enacted, That in conformity with article

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eight, section 4, paragraph one, of the constitution, when the mayor and council of the city of LaGrange shall recommend that a system of public schools shall be established and maintained in the city of LaGrange by carrying into effect this bill, an election shall be held in the city of LaGrange on the day to be appointed by the mayor and council of said city, on the question of establishing a system of public schools, and for local taxation for the support of said system. All persons resident within said city who are qualified to vote for municipal officers in said city, who pay a property tax therein, and who shall have registered for this election in the manner provided by the mayor and council for registration for elections for municipal officers, under the charter and ordinances of said city, shall be qualified voters for, and entitled to vote in said election. All voters who favor the adoption of the provisions of this Act shall have written or printed on their ballots, For public schools, and those opposed shall have written or printed on their ballots the words, Against public schools, and in case two-thirds of the qualified voters in said city shall, in said election, vote for public schools, then said system of public schools shall be established as hereinafter provided, and it shall be the duty of the mayor and council of the city of LaGrange, annually to raise by taxation a sum sufficient to carry out the purposes of this Act. Notice of said election shall be given by the city clerk in a newspaper, published in said city, once a week for two weeks, beginning forty days prior to said election. In case two-thirds of the qualified voters do not vote for public schools in any election held under this Act, an election may be held by order of the mayor and council annually until the provisions of this Act are adopted by the vote of two-thirds for public schools. The managers of said election shall be provided for and the rules and regulations governing the same shall be the same as in elections for officers of said city. The returns of this election shall be made and the result shall be declared as in elections for officers. In case of contest, notice of the same shall be given to the mayor and council within three days, and said mayor and council shall hear and determine the same. In case notice of contest is not given in three days, no contest of said election shall be had. Election for schools and taxation. Voters. Annual elections. Contests. Sec. 3. That in case a two-thirds majority of qualified voters of said city in any one of said elections shall vote for public schools, the mayor and council shall elect a board of education, consisting of six membes, who shall hold office until the next election for municipal officers of said city. At the first regular meeting of the

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mayor and council after the next election for municipal officers, said mayor and council shall elect three members of said board, whose term of office shall be for one year, and three members of said board whose term of office shall be for two years, and at the first regular meeting of the mayor and council after each election held annually for municipal officers thereafter, there shall be elected three members of said board, whose term of office shall be two years, and until their successors are elected and qualified, to fill vacancies in the board occurring annually by expiration of terms. All vacancies occurring in said board shall be filled by the mayor and council of said city, and such members so elected shall hold for the balance of such unexpired term. The mayor of the said city of LaGrange shall be, by virtue of his office, a member of said board of education. Said board shall constitute the board of education for the city of LaGrange, with the right in them and their successors to take and hold in trust for the city of LaGrange any grant or devise of lands, or any donation or bequest of money, or other personal property made to it for educational purposes, with the right to sue and be sued. The qualification of members of said board of education shall be the same as those provided in the charter for mayor and councilmen. Board of education, election of. Vacancies. Sec. 4. That the said board of education shall elect annually a superintendent and teachers for the public schools of LaGrange; shall adopt such rules and regulations as may be necessary for the successful conduct of said schools; shall choose the text-books and books of reference to be used by the pupils; shall have general oversight and management of the schools, and shall do such other acts not inconsistent with the laws of this State as may promote the efficiency of the system of education under their charge. Superintendent, teachers and regulations. Sec. 5. Be it further enacted, That said board shall organize by electing from their number a president and vice-president. The clerk of the city of LaGrange shall be ex-officio secretary and treasurer of said board, and shall keep a record of all acts of the board, which record shall be open to the inspection of all citizens of said city. He shall give such additional bond for the safe-keeping and disbursement of the funds placed in his charge as said board may determine, the amount of bond and the sufficiency of the security to be judged of by the said board of education. Said bond shall be made payable to the city of LaGrange, and said city is authorized to sue thereon to recover for any breach thereof. It shall not be lawful for said treasurer to pay out any funds, except by order

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of the board. A majority of said board shall constitute a quorum for the transaction of business. President, secretary and treasurer of board. Sec. 6. Be it further enacted, That the board herein provided for shall establish such grammar schools and high schools as may be necessary for the education of the children attending the said schools. These schools shall be free to all children residing within the incorporate limits of said city of LaGrange; provided, however, said board may, in its discretion, require each child entering the grammar schools to pay a matriculation fee not exceeding five dollars per year, in such installments as they may direct, each child entering the high schools to pay a matriculation fee not exceeding fifteen dollars per year, in such installments as the board may direct. On failure of any pupil to pay the matriculation fee, or any installment thereof, when required by the board of education, such pupil shall not be allowed to enter, and if it be an installment required after entrance, the pupil shall not be allowed to continue at school after the time the installment is due, without first having paid it. Children of non-residents may be admitted to the schools on such terms as may be prescribed by the board. Schools. Matriculation fee. Sec. 7. Be it further enacted, That it shall be lawful for the county school commissioner of Troup county to make contracts with the board of education of said city to teach pupils of school age who may enter said schools, who reside in the county of Troup and outside of the corporate limits of the city of LaGrange, and to pay said board out of that portion of the common school fund of the State belonging to the county of Troup, in like manner and under the same provisions as teachers in the common schools of Troup county are paid. Non-resident pupils. Sec. 8. Be it further enacted, That provisions shall be made under this Act for the education of all children, both white and black, but separate schools shall be provided for white and black children. Separate schools for white and colored. Sec. 9. Be it further enacted, That the funds necessary for the support of the system of schools herein provided for shall be raised as follows: First, the county school commissioner of Troup county shall, from the State school fund, pay to the board of education of said city the same amount as is paid to the other schools of Troup county, in proportion to attendance, under the rules and regulations of the board of education of Troup county; second, the board of education of said city shall, in the early part of each year, make an estimate of the amount necessary to be raised that

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year for the support of the public schools, and place this estimate before the mayor and council of said city; third, when said estimate is approved by the mayor and council, it shall be the duty of the mayor and council in raising the city taxes for the current year to provide for the sum mentioned in the estimate of the board of education as approved as a school fund, and the net sum realized by this provision shall be turned over to the treasurer of said board for the support of the schools. [Illegible Text] rata share of State school fund. School tax. Sec. 10. Be it further enacted, That the mayor and council of said city shall have power and authority to issue bonds of said city, not to exceed twenty-five thousand dollars in amount, to be of such denomination or denominations as said mayor and council deem best, to run for such length of time or times, none longer than thirty years, as said mayor and council may think advisable, and to bear interest at a rate not exceeding five per cent. per annum, payable annually or semi-annually, as may be deemed best, the proceeds to be applied to the purchase of property to be used for school purposes and building and equipping proper school-houses. Before issuing said bonds, and after an election has been held, at which two-thirds of the qualified voters voted for public schools, as provided in section 2 of this Act, said question as to the issuance of said bonds shall be submitted to the qualified voters of the city of LaGrange on a day to be designated by the said mayor and council, notice of which shall be given by said mayor and council as provided in section 377, Code of 1895, volume 1, and the same qualifications shall apply to voters as in section 2 of this Act. All persons voting in said election shall have written or printed on their ballots the words, for school bonds, or against school bonds, and if two-thirds of the qualified voters in said election shall vote for school bonds, the mayor and council shall issue said bonds, making provisions at or before the time of so doing for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said debt when, and as said bonds and interest shall become due and payable. The rules and regulations governing this election shall be the same as those provided in section 2 of this Act, for the election for public schools, and the provisions therein made as to managers, returns, contests, and declaring results, shall apply to this election, unless in conflict with some provision of this section. The provisions as to the registration shall be the same in the bond election as in section 2 of this Act. School bonds. Election. Sec. 11. Be it further enacted, That in determining the question

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whether or not two-thirds of the qualified voters in said city voted in favor of either of the propositions allowed to be submitted under this Act as to the issuance of bonds, or as to establishing and taxing to support a system of public schools, the list of voters registered for these elections shall be taken as the correct enumeration of the qualified voters at that said election. Voters. Sec. 12. Be it further enacted, That said board of education shall, when they deem it necessary, make an estimate of the amount needed to purchase school property, and build and equip the necessary schoolhouses, and this estimate, when reported to the mayor and council, and approved by said mayor and council, shall be raised by the issuance and sale of bonds, as hereinbefore provided for; if the bond elections shall be carried for school bonds, and if said election is not so carried, then said amount shall be raised by said mayor and council by direct taxation, and the proceeds arising from the sale of bounds, or from taxation, shall be paid by the mayor and council to the board of education. Bonds or tax, amount required. Sec. 13. Be it further enacted, That for the educational purposes required by this Act, the mayor and council shall raise such an amount as may be necessary by levying and collecting a tax on the property in said city, not to exceed one-fourth of one per cent. on the value of said property, in addition to that raised for ordinary current expenses. Said amount of school tax, when collected, shall be kept separate from all other funds and paid over to the board of education to be used for school purposes. School tax. Sec. 14. Be it further enacted, That the members of the board of education shall receive such compensation, if any, and the secretary and treasurer of said board receive such salary as may be determined by the mayor and council of said city. Officers, compensation of. Sec. 15. Be it further enacted, That there shall be a special registration, in accordance with the rules for registration for elections for municipal officers, for each of the elections provided for under this Act. Registration of voters. Sec. 16. Be it further enacted, That the Act entitled an Act to establish a system of public schools for the city of LaGrange, and to provide for the support and maintenance thereof, and for other purposes, approved September 29, 1883, be, and the same is, hereby repealed. Public school law of 1883 repealed. Sec. 17. 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 17, 1901.

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LAGRANGE, DISPENSARY FOR. No. 258. An Act to establish a dispensary in the city of LaGrange, and to provide for the sale of vinous, malt, and spirituous liquors, and other intoxicants, and to establish and perpetuate a board of commissioners for the management of said dispensary; to provide for the regulation and control of the same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That when this Act shall have been ratified by the qualified voters of the city of LaGrange, as hereinafter provided, the judge of the superior court of the Coweta circuit shall appoint three citizens, who shall be known as dispensary commissioners, one to hold office one year, one for two years, and one for three years, or until their successors are appointed. The successors to the commissioners first appointed shall hold office for three years, and shall be appointed by the judge of the superior court of the Coweta circuit, and vacancies occurring for any cause shall be filled by the appointment of the said judge of the superior court. LaGrange, dispensary commissioners. Sec. 2. Be it further enacted, That the dispensary commissioners provided for in this Act shall establish and maintain at some suitable place in the city of LaGrange, within the fire limits of said city, a dispensary for the sale of spirituous, vinous and malt liquors. 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 said dispensary under their supervision. Such manager shall be chosen for such term as the commissioners shall deem best, and shall be removable by them at any time for what they deem sufficient cause. He shall be required to give bond in a sum to be fixed by the commissioners, not less than one thousand dollars, conditioned to faithfully account for all moneys that may come into his hands as such manager, and for the faithful performance of the business 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 be dependent upon the amount of sales. Dispensary manager. Sec. 3. Be it further enacted, That the manager of said dispensary, under the supervision of the commissioners, shall purchase

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and at all times keep a stock of spirituous, vinous, and malt liquors in such quantities as the commissioners shall direct. All bills incurred for the establishment and maintenance of the dispensary and purchase of stock, from time to time, shall be paid out of the funds of the city of LaGrange, as the mayor and council of said city of LaGrange shall direct, upon presentation of such bills approved in writing by a majority of the commissioners. Such manager shall sell only for cash, and shall each day turn over all moneys received by him, as the commissioners shall direct. After all expenses for the purchase of stock and the management of the dispensary have been paid, then the net profits of the dispensary shall be divided between the county of Troup and the city of LaGrange, giving one-fourth to the county and three-fourths to the city, to be used by them as the authorities of each shall direct. The commissioners are to have such other power in the management and control of the finances of said dispensary as their judgment shall dictate. Dispensary, stock for, how bought. Profits, how divided. Sec. 4. Be it further enacted, That said commissioners shall make, from time to time, rules and regulations for the operation of said dispensary. The quantity to be sold to any purchaser shall be determined by them, 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. The dispensary shall not be open before sunrise, and shall be closed each day before sunset, and it shall be closed on Sundays, public holidays, 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 the regulations of the commissioners, not in conflict with the laws of this State. Regulations. Sec. 5. Be it further enacted, That said manager shall not sell to any student of any school, whether minor or adult, except upon the written order of their parent, which order shall be kept of file for the inspection of the commissioners. Sales to students. Sec. 6. Be it further enacted, That the prices at which spirituous, vinous, or malt liquors shall be sold shall be fixed by the commissioners; provided, the same shall not be sold for a profit exceeding fifty per cent. above the cost thereof. It being the purpose of this Act that the dispensary shall be managed in such a way as to pay its expenses, and any revenue derived shall be simply an incident to and not the object of the dispensary. Prices. Sec. 7. Be it further enacted, That the manager of said dispensary

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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. Said manager shall make a monthly report to the commissioners, showing amount of sales for the preceding month, and stock on hand at the last day of said month. Sealed packages. Reports of manager. Sec. 8. Be it enacted, That said commissioners shall cause an inspection and analysis to be made of the stock on hand, from time to time, by a competent chemist in the city of LaGrange, and no spirituous liquors shall be sold in said dispensary until the same shall have been so inspected and analyzed and pronounced pure by such chemist. No vinous or malt liquors shall be sold in said dispensary that are not well known in the market as pure and unadulterated, and the commissioners are required to have samples of wines and malt liquors analyzed, from time to time, to determine whether they are pure as represented. If any spirituous, vinous, or malt liquors are condemned by the chemist making the analysis as impure and unwholesome, such liquors shall not be sold by the manager, and payment for the same shall be refused to the person from whom such liquors were purchased, and if paid for, reclamation shall be made, and, if necessary, suit brought to recover the amounts so paid in the name of the dispensary commissioners of the city of LaGrange. All analysis so made shall be exhibited by the manager to the purchaser when requested. If the manager shall sell any spirituous liquors that have not been inspected and analyzed as herein provided, or shall sell any spirituous, vinous, or malt liquors that have been condemned as unwholesome, he shall be removed by the commissioners and shall be punished as shall be prescribed by the dispensary commissioners. Any commissioner who shall knowingly permit or allow the manager to sell any such unanalyzed or condemned liquors shall, on conviction, be punished as prescribed in section 1039 of the Code of 1895, and the court shall declare the office vacant, and the vacancy shall be filled as herein provided. Inspection and analysis. Penalty for illegal sales. Sec. 9. Be it further enacted, That no spirituous, vinous, or malt liquors shall be sold in said dispensary to persons purchasing for resale, either lawfully or unlawfully, and said commissioners are required to make such rules, and require the manager to make such investigation, as will prevent persons from so purchasing; and if said commissioners become satisfied that any person or persons has purchased, or is purchasing for the purpose of reselling, they

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shall direct the manager as to the quantity to be sold to such person or persons, which shall be such an amount as will prevent a resale, and in cases where said commissioners are satisfied that any person or persons is directly or indirectly purchasing repeatedly for the purpose of reselling, the commissioners are required to direct the manager not to sell to such persons. Resales prohibited Sec. 10. Be it further enacted, That the dispensary commissioners are authorized to borrow a sufficient sum of money to establish the dispensary established by this Act, or to purchase on time such fixtures and stock of liquors as are necessary to establish such dispensary, which amount shall be paid by the profits of the dispensary, and thereafter the dispensary shall be supported and maintained out of the profits arising from the sales in the dispensary. Commissioners may borrow money. Sec. 11. Be it further enacted, That the dispensary commissioners shall make an annual report to the mayor and council of the city of LaGrange and the board of commissioners of the county of Troup, on or before the 1st day of March of each year, showing the receipts and expenditures of the dispensary for the calendar year preceding, and the amounts of the net profits of the dispensary, if any. Such net profits shall be divided between the city of LaGrange and the county of Troup. The city receiving three-fourths and the county one-fourth. Reports of commissioners. Sec. 12. Be it further enacted, That no person holding any office or position of any kind under the charter or ordinances of the city of LaGrange, or the county officers of the county of Troup, shall be eligible to be chosen as a dispensary commissioner or manager of the dispensary during the time for which he was appointed to such office or position, or while he holds his appointment as commissioner or manager, and all persons chosen as dispensary commissioners or manager of the dispensary, under this Act, shall, for the time for which they are chosen, or so long as they shall hold the office, be eligible to any office under the charter and ordinances of the city of LaGrange, or county office in the county of Troup. Commissioners, eligibility for. Sec. 13. Be it further enacted, That the dispensary commissioners shall be paid for their services such sums as the mayor and council of the city of LaGrange shall determine, which shall not be less than one hundred dollars per annum. Compensation. Sec. 14. Be it further enacted, That this Act shall not go into effect until it has been ratified by a majority vote of the qualified voters of the city of LaGrange in the following manner, to wit: Within twenty days after the passage of this Act the mayor of the city of LaGrange shall order an election, at which shall be submitted

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the question of dispensary, or no dispensary. Those voting for dispensary shall have written or printed upon their ballots, For dispensary, and those voting against dispensary shall have printed or written upon their ballots, Against dispensary. Should the result be in favor or for a dispensary, then said dispensary shall be established in accordance with the provisions of this Act. Dispensary election. Sec. 15. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 3, 1901. LENOX, TOWN OF INCORPORATED. No. 309. An Act to incorporate the town of Lenox, in the county of Berrien; 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 Lenox; 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 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 town of Lenox, in the county of Berrien, be, and the same is, hereby incorporated as a town, under the name of the town of Lenox. Lenox, town of incorporated. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall be as follows: One-half of one mile in all directions from the crossing at the present depot of the Georgia Southern and Florida Railroad, at Lenox, State of Georgia. Corporate limits. Sec. 3. 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 Lenox, and by that name and style shall have perpetual succession and a common seal; may sue

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and be sued, plead and be impleaded, purchase and hold such estate, real or personal, as may seem fit and proper to said mayor and council. Mayor and councilmen. Sec. 4. Be it further enacted by the authority aforesaid, That on the first Wednesday in January, 1902, and annually thereafter, an election shall be held for mayor and councilmen of said town of Lenox, 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 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 said town of Lenox to hold the same; that we will make just and true returns 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 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. Managers. Sec. 5. 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: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as mayor and councilmen, as the case may be, of the town of Lenox, to the best of my ability, so help me God. Mayor and councilmen, oath of. Sec. 6. 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.

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Sec. 7. 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 in the town of Lenox sixty days, by the date of the next town election; that you are twenty-one years old and have paid all taxes due to the town of Lenox, 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 of said town. Registration of voters. Registration oath. Sec. 8. 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 3 of the Code of 1895, of this State. Illegal voting. Sec. 9. 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 Lenox at least six months before his election. Mayor and councilmen, qualifications of. Sec. 10. Be it further enacted by the authority aforesaid, That said mayor and council shall have the 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 deem necessary. Marshal and clerk Sec. 11. Be it further enacted by the authority aforesaid, That the officers elected in said town of Lenox shall hold their office until their successors are elected and qualified. Terms of office. Sec. 12. 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. 13. Be it further enacted by the authority aforesaid, That the mayor of said town shall receive such compensation for his services

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as may be fixed by the council, which shall not be increased nor diminished during his term of office. Mayor's salary. Sec. 14. Be it further enacted by the authority aforesaid, That said mayor and councilmen 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. Municipal powers. Sec. 15. Be it further enacted by the authority aforesaid, That said mayor and council shall have the 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 side-walks of said town, but they may receive in lieu thereof such commutation fee as said mayor and council may prescribe. Property tax. Street work or commutation tax. Sec. 16. 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 the 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, ten-pin or nine-pin 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 whataver 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 have the 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. Special taxes. Sec. 17. Be it further enacted by the authority aforesaid, That there shall be a lien on real estate within said town for the town

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taxes assessed thereon, and for all other fines and penalties assessed or imposed upon the owner 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 may be prescribed by law for the enforcement of the liens of county taxes, or in such manner as the mayor and council, by ordinance, may prescribe. Liens for taxes, etc. Sec. 18. 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 or imprisonment, or working on streets of said town, one or more of said punishments; provided, said fine shall not exceed $25.00, or such imprisonment or time of labor shall not exceed thirty days. Trial and punishment of offenders. Sec. 19. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power to elect a mayor pro tem., who shall perform all the duties and exercise all of the powers of a mayor, when from any cause the latter cannot be present to perform the duties of the office. Mayor pro tem. Sec. 20. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power to provide by ordinance for the collection of all taxes, moneys and fines due said town, by execution to be issued by the mayor and executed by the marshal thereof. Taxes, etc., collection of. Sec. 21. 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 or her to the guard-house or county jail. Mayor's court. Sec. 22. 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 of 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, powers of. Sec. 23. 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

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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. 24. Be it further enacted by the authority aforesaid, That the mayor and council shall have the power to impose a fine on any railroad company for allowing trains to stand on public crossings in said town longer than five minutes, or for running trains through said town at a speed of more than six miles an hour. Railroad crossings. Sec. 25. Be it further enacted by the authority aforesaid, That said mayor and council shall have the power to declare and abate nuisance. Nuisance. Sec. 26. 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 regulations in such cases provided by the general law of said State of Georgia. Municipal bonds. Sec. 27. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 12, 1901. LINWOOD, TOWN OF INCORPORATED. No. 399. An Act to incorporate the town of Linwood, in the county of Walker; to appoint a mayor and councilmen therefor; to grant powers and privileges to the same; to provide for working public roads in said town; to provide a system of public schools for said town, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the town of Linwood, in the county of Walker, be, and the same is, hereby incorporated as a town, under the name of the town of Linwood. The corporate powers of said town shall be vested in a mayor and five councilmen, and by the name of mayor and council of the town of Linwood, they may sue and be sued, plead and be impleaded, and exercise all the corporate powers that may be necessary in performing their duties. Linwood, corporate name and powers.

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Sec. 2. Be it further enacted, That the corporate limits of said town shall begin at the corporation line of the town of LaFayette, east of the Central Railroad track, and running north along the line of the property of the Union Cotton Mills and Gordon property to the land line dividing the property of Mrs. L. C. Johnson from that of the Union Cotton Mills; thence west along said line to the line dividing the property of the Union Cotton Mills from that of Mrs. S. A. Warthin; thence south along said line to the Cave public road; thence east with the line of the Union Cotton Mills property to the corporation line of the town of LaFayette, Georgia. Corporate limits. Sec. 3. Be it further enacted, That Hon. Ezekiel Foster be, and he is, hereby appointed mayor of said town until his successor is elected, and that Robert Steele, W. S. Henry, Robert Morton, W. L. Stansell and James Jones be, and they are, hereby appointed councilmen of said town of Linwood, to hold their office until the first annual election as hereinafter provided. Mayor and councilmen appointed. Sec. 4. Be it further enacted, That on the first Monday in January, 1903, and every two years thereafter on the same day, an election shall be held in the council chamber in said town for a mayor and five councilmen, who shall hold their offices for two years, and until their successors are elected and qualified; but none shall vote or be eligible to the office of mayor or councilmen thereof who is not qualified to vote for members of the General Assembly of this State. Said election shall be held and conducted in the same manner as elections for officers in this State, and certificate of the managers shall be sufficient authority to the persons elected to enter into the discharge of the duties of the office to which they have been elected. In the event that the office of mayor, or any member of the board of councilmen, shall become vacant by death, resignation, removal, or other cause, the mayor, or in case his seat is vacant, the majority of the councilmen shall order a new election, notice of which shall be given at least twenty days before said election is held, the same to be conducted as provided in this Act. Elections. Voters. Vacancies. Sec. 5. Be it further enacted by the authority aforesaid, That before entering on the discharge of their duties, the mayor and councilmen shall subscribe to the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge all the duties devolving on me as mayor, or councilmen, as

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the case may be, of the town of Linwood, Walker county, according to the best of my ability and understanding, so help me God. Mayor and councilmen, oath of. Sec. 6. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have power and authority to pass all laws and ordinances that they may deem necessary for the government of said town and the protection of property from loss of fire or damage therein; provided, that they be not repugnant to the Constitution and law of the State, and the United States. Municipal powers. Sec. 7. Be it further enacted, That the said mayor and councilmen shall have the power to levy and collect a tax not exceeding twenty-five one hundredths (25-100) of one per cent. upon all property, real and personal, within the corporate limits of said town, and the same may be in force by execution issued by the clerk in the name of the mayor, and by sale of property, as in sales of property liable to State and county taxes; all levies of tax execution to be made by the marshal or his deputy, and to be conducted as sales by the sheriff of this State in case of levy of tax executions. They shall have power to require all persons within said corporation, who are subject to road duty under the laws of this State, to work on the streets of said town, or they may prescribe a commutation tax, which may be paid in lieu of work upon the street. Property tax. Street work or commutation tax. Sec. 8. Be it further enacted, That the mayor of said town, and in his absence the mayor pro tem. (who shall be elected by the councilmen from their own number), shall be the chief executive officer of said town; he shall see that the ordinances, by-laws, rules and orders of the council are faithfully executed; he shall have control of the police of said town, and may appoint special police whenver he may deem necessary, and it shall be his duty especially to see that the peace and good order of the town are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town; he shall have power to issue executions for all fines, penalties, and costs imposed by him, or he may require the immediate payment thereof, and in default of immediate payment he may imprison the offender in the guard-house of said town or by work on the streets of said town, not to exceed thirty days. Mayor, powers of. Sec. 9. Be it further enacted, That said mayor and council at the first meeting after their election (or at the meeting after the first, if they deem proper and best) shall elect a clerk, who may be one of their own members, or any citizen of said town. From all these

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officers a bond shall be taken in such sums as the council may require, to be approved by the mayor, conditioned for the faithful performance of their duties. They shall also take and subscribe an oath before said mayor that they, and each of them, will well and faithfully discharge their several duties as clerk, treasurer and marshal, as the case may be, to the best of their ability. Clerk. Sec. 10. Be it further enacted, That the clerk and marshal receive such annual salaries as the council may deem just and proper; the mayor and councilmen shall not receive any salaries, but shall be exempt from street tax during the continuance of their official terms. Salaries. Sec. 11. Be it further enacted, That said mayor and councilmen shall have power and authority to tax all shows, auctioneers, sleight of hand performances, gift enterprises, pool and billiard tables, wheels of fortune, and other like enterprises, as they may deem most to the interest of said town. Special taxes. Sec. 12. Be it further enacted, That the said mayor and councilmen shall have no power or authority to grant any license for the sale of vinous, malt, or intoxicating liquors, or bitters, or of any other beverage that will produce intoxication, but shall have power, and it shall be their duty, to pass ordinances consistent with the laws of said State to prevent the sale of all intoxicants within the boundaries of said town, and to fix and enforce penalties for a violation of such ordinances. Liquors, sale of prohibited Sec. 13. Be it further enacted, That the mayor and council of the town of Linwood, in the county of Walker, are hereby authorized to levy a per capita tax, not less than fifty cents nor more than one dollar, in addition to the authority now given said mayor and council to levy a tax for street purposes; and that the per capita tax so levied and one-half of the general tax for street purposes shall be used for the purpose of establishing and maintaining free schools in and for the town of Linwood, and for no other purpose. Per capita tax, school fund. Sec. 14. Be it further enacted, That the mayor and council of said town shall provide, by ordinances, such rules and regulations as to them may be proper for the appointment of a board of trustees; define their term of office and duties, and to do all other acts and things necessary and proper for the purpose of carrying into effect the purposes of this Act; to establish and maintain a system of free schools in said town of Linwood by taxation as herein provided. Public schools, trustees for. Sec. 15. Be it further enacted, That the school commissioner of the county of Walker is hereby authorized and required to pay

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over to such person as the mayor and council of the town of Linwood may authorize to receive the same, for the use of said free schools, under such rules and regulations as said mayor and council may prescribe, the proportion of the common school fund arising from any source, belonging to said town, to be estimated by the board of education of said county upon any plan which said board may adopt in distributing the public school fund to the county school of the county, to be by said town authority expended in the establishment and maintenance of said free school, as authorized and directed by the Constitution and laws of the State. Pro rata share of public school fund. Sec. 16. Be it further enacted, That the mayor and council of said town of Linwood shall immediately upon their qualification, and annually thereafter, cause a school census of the children in said town within the school age, to be taken, and it shall be the duty of the county school commissioner of Walker county to contract with the teacher, or teachers, of public schools in said town, and to pay over to the said board of education of said town the pro rata part of the public school fund of said county, based upon the number of children in said town within the legal school age as provided by law. School census. County school fund. Sec. 17. Be it further enacted, That the county school commissioner, mayor and council of said town of Linwood, shall enter into an agreement upon what terms children living out of town, within school limits, may enter said schools, and county school commissioners paying to said town authorities the common school fund to which said children are entitled, and the said authorities charging such additional sum as may seem reasonable and just. Non-resident pupils. Sec. 18. Be it further enacted, That it shall be the duty of the ordinary of Walker county to order an election in the town of Linwood within twenty days after the approval of this Act, to ascertain the desire of the qualified voters of said town in reference to the establishing of said free schools. All persons voting at said election shall have written or printed on their ballots, for free schools, or against free schools, and if the question shall be decided affirmatively by the necessary majority, this Act shall be become operative to appropriate half of the street tax to said fund authorized by this Act, and establish said school in accordance with the same. Election. Sec. 19. 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. Repealing clause. Approved Dec. 18, 1901.

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LONE OAK, TOWN OF INCORPORATED. No. 197. An Act to incorporate the town of Lone Oak, Meriwether county, Georgia; to define the corporate limits of said town; to confer upon the mayor and councilmen of said town certain rights, powers, privileges and duties, and for other purposes. Section 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 town of Lone Oak, located in the county of Meriwether, be, and the same is, hereby incorporated under the name of Lone Oak, with all the rights and liabilities of a municipal corporation. Lone Oak, town of incorporated. Sec. 2. Be it further enacted, That the corporate limits of said town shall be three-fourths of one mile in each and every direction from the center of where the public road known as the Greenville and Grantville road crosses the public road known as the Hogansville and Flat Shoals road. Corporate limits. Sec. 3. Be it further enacted, That on the fourth Wednesday in December, 1901, and annually thereafter on the same day, there shall be an election held in said town for a mayor and four councilmen, who shall hold their office for one year, and until their successors are elected and qualified, but no one shall vote for, or be eligible to, the office of mayor or councilmen of said town who is not a resident of said town, and who is not qualified to vote for members of the General Assembly of this State. Said election shall be held and concluded in the same manner as elections for county officers in this State, and the certificate of the managers shall be sufficient authority to the person elected to enter upon the discharge of the duties of the office to which they have been elected. Mayor and councilmen, election of. Sec. 4. Be it further enacted, That the first election to be held under the provisions of this Act shall be held at the storehouse of J. B. Hopson, in said town, and that the elections, to be annually thereafter, may be held at any place within the corporate limits of said town which may be designated by the mayor thereof; provided, that if this Act has not passed both Houses of the General Assembly, and been approved by the Governor, at the time specified for holding said first election, then said election may be held within sixty days from the passage of said Act. Elections, where held. Sec. 5. Be it further enacted, That said mayor and councilmen,

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before entering upon the discharge of their duties, shall subscribe to the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge all the duties devolving on me as mayor (or councilman, as the case may be) of the town of Lone Oak, according to the best of my ability and understanding, so help me God. Mayor and councilmen, oath of. Sec. 6. Be it further enacted, That said mayor and councilmen shall have power and authority to elect such marshals, clerks, and other subordinate officers as they may deem necessary for carrying into effect the powers herein conferred upon them; to prescribe the fees and duties of such subordinate officers and require such bonds for the faithful performance of their duties as they may deem necessary and proper. Officers, election, fees, etc. Sec. 7. Be it further enacted, That the mayor shall be exofficio a justice of the peace, and shall have full authority to issue warrants for any offense committed within the corporate limits of said town, and shall have power to compel the attendance of witnesses, to examine them under oath, to admit any offender to bail, or commit him to jail, for violation of the laws of the State, and to admit to bail, or commit to the guard house, for the violation of the ordinances of said town. Mayor, powers of. Sec. 8. Be it further enacted, That said mayor and councilmen shall have full power and authority to pass all ordinances and by-laws that they may deem necessary for the good government and health of said town, provided they be not repugnant to the Constitution and laws of this State, or of the United States. Municipal powers. Sec. 9. Be it further enacted, That said mayor and councilmen shall have power to levy and collect a tax, not exceeding one-fourth of one per cent., upon all the property, both real and personal, within the corporate limits of said town; they shall also have power to require all persons within said corporate limits, who are subject to road duty under the laws of this State, to work on the street of said town, or they may prescribe a commutation tax, which may be paid in lieu of work on the streets. Property tax. Street work or commutation tax. Sec. 10. Be it further enacted, That the mayor of said town, and in his absence the mayor pro tem., who shall be elected by the councilmen from among their own number, shall be the chief executive officer of said town. He shall see that ordinances, by-laws, rules and orders of the council are faithfully discharged or executed. He shall have control of the police of said town, and may appoint special police whenever he may deem it necessary;

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and it shall be his duty especially to see that the peace and good order of the town are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town. He shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and in default of immediate payment thereof, he may imprison the offender in the guard house of said town not exceeding thirty days. Mayor, powers of. Sec. 11. Be it further enacted, That if at any time the office of mayor or councilmen shall become vacant by death, resignation or otherwise, the remaining members of the council may fill such vacancy by appointment from among the citizens of said town eligible to such office under the provisions of this Act. Vacancies. Sec. 12. Be it further enacted, That the mayor of said town shall not be entitled to vote on any question which may come before said body, except in case of a tie, in which event he shall be entitled to vote. Mayor, vote of. Sec. 13. Be it further enacted, That the sale of spirituous, malt or vinous liquors is hereby prohibited within the corporate limits of said town, and any person violating the provisions of this section shall be punished by a fine of not less than twenty-five dollars, nor more than two hundred dollars, or imprisoned, at discretion of the mayor and councilmen of said town, for each offence, and said town authorities shall have power to inflict as punishment for the violation of this section both fine and imprisonment whenever they may deem it necessary for the enforcement of the same. Liquors, sale of prohibited Sec. 14. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Nov. 15, 1901.

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LUMBER CITY, TOWN OF, PUBLIC SCHOOL SYSTEM. No. 365. An Act to amend an Act establishing a local school system in the town of Lumber City by adding two more names to the board of education 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 section four (4) of an Act establishing a local school system in the town of Lumber City, in the county of Telfair, approved December 10, 1900, be, and the same is, hereby amended by adding after the word Reynolds and before the word shall in the third line of said section the following names, to wit, W. E. Hixon and John D. Vaughan, and by striking the word six in the ninth line thereof, and inserting in lieu thereof the word four, so that said section when so amended shall read as follows: Lumber City, town of. Be it further enacted by the authority aforesaid, That Matt. Cook, D. P. McArthur, E. K. Wilcox, John L. Day and J. B. Reynolds, W. E. Hixon and John D. Vaughan shall be and constitute the board of education of Lumber City. The term of the first named shall expire on June 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, after the expiration of the term of any member, and the term of office shall be for four 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 as soon thereafter in either event as is practicable. Board of education for. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 17, 1901.

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MACON, CHARTER AMENDED. No. 383. An Act to amend the charter of the city of Macon. 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 of the General Assembly, approved November 21, 1893, and the Acts amending the same, creating a new charter for the city of Macon, be, and the same are, hereby amended, so that for the purpose of exchanging, retiring and cancelling the present bonded indebtedness of the city of Macon that the mayor and council of the city of Macon be, and they are, hereby authorized, for the purposes herein specified, to issue bonds of the city of Macon under said corporate name, not exceeding in all the amount of nine hundred and sixty-four thousand eight hundred dollars ($964,800), and that before said bonds shall be issued the assent of two-thirds of the qualified voters of the city of Macon, as provided by law, shall be obtained at an election to be called for that purpose. Said election shall be held under a special registration, in accordance with section 17 of the new charter of the city of Macon, approved November 21, 1893. Macon, re funding bonds. Sec. 2. That the bonds shall be of such denomination, not less than $100.00, as the mayor and council of the city of Macon may prescribe, and shall fall due in annual installments, as hereinafter provided, so that said entire issue shall be paid in thirty years from the date of issue, and shall bear interest at the rate of four per cent. per annum, payable quarterly, upon the interest coupons or warrants. Said bonds shall be executed by the official signature of the mayor and treasurer of the city of Macon, and by having affixed the corporate seal of the city of Macon. The coupons, or interest warrants, shall bear the signature of the treasurer of the city of Macon engraved upon them, and each coupon, or interest warrant, shall indicate the bond to which it belongs. The board of commissioners of the bonded debt of the city of Macon, and the treasurer of the city of Macon, shall keep a record of the numbers and denominations of the bonds issued, and shall cause each of said bonds to be countersigned by the president of said board, and with the seal of said board affixed to each bond, before the same is negotiated, and none of the bonds herein provided for shall be exchanged or negotiated until a bond, or bonds, of corresponding

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amount shall first have been cancelled, so that by no means shall the bonded indebtedness of the city of Macon be increased. Denomination, etc., and record. Sec. 3. That said bonds herein authorized to be issued shall be used exclusively for the purposes herein specified. Purpose of Sec. 4. That the commission of the bonded debt of the city of Macon, as now constituted by law, shall continue until all the bonds issued under the provisions of this Act are paid, with all the powers and duties now conferred upon them by law. Bond commissioners Sec. 5. That the entire issue of nine hundred and sixty-four thousand eight hundred ($964,800) dollars of bonds shall be deposited with the commissioners of the bonded indebtedness of the city of Macon, to be disposed of as follows: Disposition of bonds. 1st. That five hundred and twenty-four thousand eight hundred dollars ($524,800) of said bonds shall be held by said commissioners for the protection, redemption, exchange and retiring the five hundred and twenty-four thousand eight hundred dollars of outstanding six per cent. bonds of the city of Macon, which mature in 1910, with which to retire said six per cent. bonds, as they fall due, by the exchange of said four per cent. bonds for that purpose, or by the exchange of said four per cent. bonds for the said six per cent. bonds before the maturity of said six per cent. bonds. Said commissioners may, in their discretion, before the maturity of said six per cent. bonds, exchange therefor the said four per cent. bonds and pay the difference in the value thereof. When any of said six per cent. bonds are taken up by said commissioners, the chairman of said commissioners shall enter upon the face of each of such bonds paid and cancelled, sign his name thereto, and deliver such cancelled bonds to the treasurer of the city Macon. 2nd. That one hundred and sixty thousand dollars of the bonds issued under this Act shall be held by said commissioners for the protection, redemption, exchange and retiring the thirty thousand dollars of five per cent. outstanding sewer bonds of the city of Macon, which mature in the year 1923, and the one hundred and thirty thousand dollars of four and one-half per cent. outstanding paving bonds of the city of Macon, which mature in the year 1926. That the said one hundred and sixty thousand dollars of four per cent. bonds issued under the provisions of this Act may be exchanged at any time by the said commissioners at par for the said sewer or paving bonds, and said commissioners may, in their discretion, make such exchange and pav the difference in the value of said bonds, and the value of the said sewer and paving

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bonds so retired; provided, nevertheless, that in paying the difference between any premium on the new four per cent. bonds and the one hundred and sixty thousand dollars of bonds mentioned in this section, the bond commission shall not use for that purpose any part of the sinking fund now in their hands, or that hereafter may be accumulated in their hands, for the eventual payment of the six per cent. bonds. 3rd. Whenever any of said sewer or paving bonds are retired the chairman of said commissioners shall enter upon the face of each bond so retired the words paid and cancelled, sign his name thereto, and deliver such bonds to the treasurer of the city of Macon. 4th. That two hundred and eighty thousand dollars ($280,000) of said bonds shall be held by said commissioners in lien of the following bonds of the city of Macon: Twenty thousand dollars of five per cent. market bonds that mature in 1917; one hundred and forty thousand dollars of five per cent. bonds that mature in 1923; fifty thousand dollars of deficiency bonds which mature in 1926, and seventy thousand bridge and improvement three per cent. bonds which mature in 1931, now held by said commissioners as a sinking fund, and as soon as two hundred and eighty thousand dollars ($280,000) issued under the provisions of this Act are deposited with the said commissioners, properly signed and sealed, the said commissioners shall cancel and deliver to the city treasurer of Macon the bonds next above mentioned, amounting to two hundred and eighty thousand dollars. 5th. That in paying the difference between the market value of the new four per cent. bonds and the present outstanding six per cent. bonds, the same shall be paid out of the funds in the hands of the bond commission, other than the city of Macon bonds, so that the bonded indebtedness of the city of Macon shall in nowise be increased by the sale of the city of Macon bonds for the purpose of securing funds for paying the premiums upon any outstanding bonds. Sec. 6. That whenever any one or more of the outstanding six per cent. bonds shall be retired, as herein provided, then the commissioners of the bonded debt of the city of Macon shall immediately pay to the treasurer of the city of Macon the sum of four hundred and eighty-five dollars, more or less, for each thousand dollars of said six per cent. bonds so exchanged and retired, said amount being the proportionate share per thousand dollars now in the sinking fund accumulated for the purpose of paying said thousand

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dollars of six per cent. bonds, at maturity, after deducting from said proportionate share so accumulated the estimated premium that will be paid in the exchange of the bonds provided to be issued in this Act for each thousand dollars of outstanding sixes; provided, nevertheless, that in no event shall there be paid to the treasurer of the city of Macon, as herein provided, an amount of money upon the retirement of any one thousand dollars of six per cent. bonds in excess of the pro rata share of said sinking fund belonging to said bonds so retired, after deducting therefrom whatever premiums that shall have been paid upon said bonds so retired. And the said bond commission shall continue to pay to the treasurer of the city of Macon said amount as said six per cent. bonds shall be retired, until they shall have paid to the treasurer of the city of Macon the sum of one hundred and seventy-five thousand dollars ($175,000), which said sum so paid shall be used by the treasurer of the city of Macon for the payment of the present floating indebtedness of the city of Macon, and for no other purpose. And the commissioners of the bonded debt of the city of Macon are hereby given authority to sell any bond, or bonds, of the city of Macon, or other security, and convert the same into cash, whenever it may be necessary, in their discretion, and pay to the treasurer of the city of Macon the money, as herein provided; and when all of said outstanding six per cent. bonds shall have been retired, that the bond commission shall immediately cancel and turn over to the city of Macon all of the city of Macon bonds in their hands remaining as a part of the sinking fund for the payment of said six per cent. bonds; and shall also pay over to the treasurer of the city of Macon any other money or securities in their hands as a part of said sinking fund, other than the city of Macon bonds. Commissioners of bonded debt directed. Sec. 7. That the mayor and council of the city of Macon shall continue to pay to the bond commission, for the purpose of paying the interest and providing the sinking fund for the payment of the present outstanding six per cent. bonds at maturity, the sum of fifty thousand dollars per annum, as now provided by law; provided, nevertheless, that whenever any of said six per cent. bonds shall be exchanged and retired, then the said sum of fifty thousand dollars now required by law to be paid to the bond commission, shall be reduced in amount in proportion that the six per cent. bonds retired and cancelled shall bear to the $524,800 six per cent. bonds now outstanding. Sinking fund and interest. Sec. 8. That the mayor and council of the city of Macon shall

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pay to the bond commission the sum of thirty-eight thousand five hundred and ninety-two dollars per annum, or so much thereof as may be necessary for the purpose of paying the annual interest of the four per cent. bonds provided for by this Act, and shall pay each year for the full term of thirty years to the bond commissioners the amount of money, as provided in section 9 of this Act, for the purpose of paying said new four per cent. bonds as they mature, as hereinafter provided; provided, nevertheless, until all of said four per cent. bonds shall have been actually exchanged or negotiated, the mayor and council of the city of Macon shall pay to the bond commission only the annual interest on such four per cent. bonds as shall have been actually exchanged for city of Macon bonds. Interest on bonds issued uncer this Act. Sec. 9. Said bonds authorized to be issued under the provisions of this Act shall all mature and be paid within thirty years in annual installments as follows, to wit: Maturity of bonds The first year $ 5,000 The second year $ 5,000 The third year $ 6,800 The fourth year $ 8,000 The fifth year $10,000 The sixth year $12,000 The seventh year $18,000 The eighth year $25,000 The ninth year $35,000 The tenth year $40,000 And forty thousand dollars of said bonds shall fall due and be paid each year thereafter until all of said bonds have fallen due and been paid. Sec. 10. That the bond commission in exchanging the bonds placed in their hands for the purpose of refunding the outstanding bonds of the city of Macon shall exchange such bonds for the outstanding bonds that are offered in the following manner: For the first outstanding bonds that are offered they shall give in exchange the new bonds that mature last, so that the parties owning the outstanding bonds of the city of Macon, who shall first exchange their bonds for the new bonds, shall receive in the place of said bonds so exchanged the bonds running the longest time, and this order of exchange shall be continued until all of said outstanding bonds shall have been exchanged. Exchanges of bonds how made. Sec. 11. To pay the interest which shall accrue on the bonds issued under the provisions of this Act, and to provide for the paying

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annually the principal of the bonds issued under this Act, as they shall mature and become payable, the mayor and council of the city of Macon shall levy and collect annually during the full term of thirty years a tax of one-half of one per cent. upon all the property, both real and personal, in the city of Macon, which tax shall in nowise increase the tax rate of one and one-fourth per cent. now authorized to be levied according to law, and out of the proceeds of said one-half of one per cent. shall pay to the commissioners of the bonded indebtedness of the city of Macon, in quarterly installments, on the first days of January, April, July and October of each year, the full amount of annual interest on all of the outstanding bonds issued under this Act, and shall also out of the proceeds of said tax pay to the commissioners of the bonded indebtedness of the city of Macon the amount of the principal of the bonds that shall mature and become payable in that year, as provided by section 9 of this Act, and the commissioners of the bonded indebtedness of the city of Macon shall, out of the money paid to them as herein provided, pay the interest and principal of the bonds herein provided for as such shall fall due. Tax. Sec. 12. That the mayor and council of the city of Macon shall advertise a notice to the holders of the six per cent. bonds, and all other outstanding bonds for the city of Macon, of its intention to refund said outstanding bonds under the provisions of this Act, and ask them to file their consent to the same, in order that it may be ascertained how many and when any of said bonds will be exchanged, so that the premium on the same may be provided. Notice of intention to refund. Sec. 13. That the mayor and council of the city of Macon are given full authority to tender, by ordinance, to the holders of said six per cent. bonds, and other outstanding bonds, the new issue under this Act, with the difference in market value in cash, which shall be done immediately upon the validation of said bonds. Tender to bondholders. Sec. 14. That the mayor and council of the city of Macon shall not issue any other bonds than those provided in this Act until the one hundred and seventy-five thousand dollars of the present floating debt of the city of Macon shall have been paid. Floating debt. Sec. 15. That the terms of this Act shall constitute an inviolable contract between the mayor and council of the city of Macon, and every purchaser and holder of any bond authorized and issued by and under this Act. Contract. Sec. 16. That the terms of this Act shall be printed or engraved on the back of each bond issued under the same. This Act part of bonds.

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Sec. 17. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 17, 1901. McDONOUGH, TOWN OF, CHARTER AMENDED. No. 247. An Act to amend an Act entitled an Act to amend the charter of the town of McDonough, in the county of Henry; to extend the corporate limits of said town so as to include the white cemetery, 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 amend the charter of the town of McDonough, in the county of Henry; to reduce the corporate limits of said town, and for other purposes, approved October 12, 1885, be, and the same is, hereby amended by striking out of the last line of section one of said Act the words court house and inserting in lieu thereof the words center of public square, and by adding at the end of said section one the words except where the corporate limits of said town intersect Cemetery street on the south side; that from said point said limits shall extend south along said Cemetery street to the southeast corner of the white cemetery; thence west along the south side of said cemetery to the southwest corner of same; thence north along the western boundary of said cemetery a continuous line to the original corporate limits of said town, so as to include within the corporate limits of said town the white cemetery, so that said section, when so amended, shall read as follows: McDonough, town of. Corporate limits. That the corporate limits of the town of McDonough, in the county of Henry, shall extend one-half mile in every direction from the center of the public square, except where the corporate limits of said town intersect Cemetery street on the south side; that from said point said limits shall extend south along said Cemetery street to the southeast corner of the white cemetery; thence west along the south side of said cemetery to the southwest corner of same; thence north along the western boundary of said cemetery a continuous line to the original corporate limits of said town, so as to include within the corporate limits of the said town the white cemetery.

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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. Repealing clause. Approved Nov. 27, 1901. McDONOUGH, TOWN OF, CHARTER AMENDED. No. 239. An Act to amend an Act to consolidate, amend and codify the various Acts incorporating the town of McDonough, in the county of Henry, and the various Acts amendatory thereof; to prescribe the time for electing and installing a mayor and aldermen for said town; to prescribe a time for the electing of marshal, clerk and other officers of said town, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That section 3 of an Act to consolidate, amend and codify the various Acts incorporating the town of McDonough, in the county of Henry, and the various Acts amendatory thereof, and to define the powers and duties of the mayor and council and other officers of said town, approved September 18, 1883, be, and the same is hereby amended by striking from the second line of said section 3 the words second Wednesday in January next and inserting in lieu thereof the words first Wednesday in December, 1901, and by striking from the fourth line of said section the words one month later and inserting in lieu thereof the words on the 31st day of December thereafter, but should said date fall on Sunday, then on the 30th day of December, so that said section so amended shall read as follows: Sec. 3. Be it further enacted by the authority aforesaid, That on the first Wednesday of December, 1901, and annually thereafter on the same day, there shall be an election for mayor and six aldermen of said town, and installed on the 31st day of December thereafter; but should said date fall on Sunday, then on December 30th, at which election all male citizens of said town who shall have resided within corporate limits of said town thirty days before the date of the election, and who may be entitled to a vote for members of the General Assembly of this State, and who shall have worked upon the streets of said town a number of days they have been required to during the

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year in which such election may be held, or paid commutation taxes in lieu thereof, according to the laws and ordinances of said town, and all town tax due, shall be entitled to vote at such election and eligible to office, according to the Constitution and laws of said State, shall be eligible to hold any office of said town. At any such election any justice of the peace and two freeholders residents of the said town, and who are not candidates, may act as managers, and shall conduct said election as nearly as practicable in accordance with the election laws of this State. Such managers shall give certificates of election to the candidates receiving the highest number of votes for their respective offices, which certificate shall be recorded on the minutes of council and shall be held to be the highest evidence of the election of such officers. Any person who shall vote more than once at such elections, or contrary to the provisions of this section, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not less than fifty nor more than two hundred dollars, or by imprisonment in the common jail of the county not exceeding six months. McDonough, town of. Mayor and aldermen, election of. Sec. 2. Be it further enacted by the authority aforesaid, That section ten of said Act be, and the same is, hereby amended by striking out of line three of said section ten the words in February, so that said section when so amended shall read as follows: Sec. 10. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall elect annually, at the first regular meeting of council, a mayor pro tem., a marshal, a clerk, a treasurer, and street commissioner and three assessors. All of said officers to hold their offices under the rules and regulations of the council of said town; and the mayor and aldermen may also appoint special policemen to serve, when, in their judgment, such appointment may be necessary, to be discharged when the emergency has passed, and to be compensated as the mayor and council may determine; and while such appointees are on duty they shall have the same authority in preserving order, and be charged with the same duties and entitled to the same protection, as the marshal. Officers, election of Sec. 3. Be it further enacted by the authority aforesaid, That section eleven of said Act be, and the same is, hereby amended by striking from line three of said section eleven the words first regular meeting in December and inserting in lieu thereof the words last regular meeting in November, and by striking from lines four and five of said section the words on the second Wednesday in January, so that said section when so amended shall read as follows:

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Sec. 11. Be it further enacted by the authority aforesaid, That the salaries of all officers of the town of McDonough shall be fixed by the mayor and council at the last regular meeting in November each year previous to the election of mayor and aldermen, and shall not be changeable during the term of the succeeding council. Salaries. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Nov. 27, 1901. MCRAE, TOWN OF, WATERWORKS FOR. No. 418. An Act to authorize and empower the mayor and council of the town of McRae, Georgia, to purchase, build, contract for and maintain a system of waterworks and other permanent improvements; to hold an election to determine the question of making contracts for the purpose above named, and creating a debt by the issue of bonds for such purpose, or otherwise; to provide for the assessment and collection of an annual tax for the payment of said debt, and for other purposes. Section 1. Be it enacted, That the mayor and council of the town of McRae be, and they are, hereby authorized and empowered to contract for, purchase or build, and to maintain and operate, a system of waterworks for the said town, whenever they shall think best, and to make, or cause to be made, from time to time, such other permanent improvements for the benefit of the said town, or its inhabitants, as to them shall seem best, being hereby vested with full power and authority to exercise a broad discretion in determining upon such improvements, and to provide for the same, either as the property of the said town, or by contract with private individuals or corporations, making and giving to them such grants, exclusive or otherwise, as the mayor and council shall deem best. McRae, town of. Waterworks and other improvements. Sec. 2. Be it further enacted, That for the purpose of aforesaid waterworks and other permanent improvements, any or all, the said mayor and council, subject to the election by the people of the said town, to be held under the Constitution and laws of this State, are hereby authorized to issue the coupon bonds of said town, not to exceed in the aggregate fifteen thousand dollars, of

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such denomination, payable at such time or times not more than thirty years from date, with such rate of interest not exceeding six per cent., and having such covenants and conditions as the said mayor and council shall seem best. The bonds shall be executed under the corporate seal of the town, and the signature of the mayor and clerk; the coupons may be signed only by the clerk, whose signature may be lithographed or engraved. Election for bonds. Sec. 3. Be it further enacted, That said bonds, or such of them as shall be from time to time issued, may be used by the said mayor and council for the purpose of paying for the said water-works, or other permanent improvements, under contracts to be made by the said mayor and council; but if the said mayor and council should at any time, or from time to time, prefer to sell said bonds for cash, then the same shall be sold, only after advertisement for not less than thirty days in a newspaper in which the sheriff's advertisements of Telfair county shall be published, and in such other papers as to them shall seem best, said advertisements to call for sealed bids for the said bonds; and on the coming in of all the said bids the said bonds shall be sold to the best and highest bidder, at a price not less than par, with the right on the part of the mayor and council to reject any or all bids; but under no circumstances shall the said bonds, or any portion thereof, be issued to any person or corporation except for cash, unless in the notice of election required by law to determine whether or not the said bonds shall be issued, it shall be stated that it is proposed that the said bonds shall be issued and sold for work, labor or property, any or both. Disposition of bonds. Sec. 4. Be it further enacted, That at the time of issuing the said bonds the said mayor and council shall provide by ordinance for an annual tax sufficient in amount to pay the principal and interest of the said bonds, as the same shall fall due, and not more than thirty years, and may provide for the setting apart of a sinking fund with which to pay the bonds at maturity, and the said tax so levied by the said mayor and council, or their successors, until the said bonds shall have been fully paid off. The tax herein provided for shall be in addition to any tax levied for any other purpose. Taxation. Sec. 5. Be it further enacted, That the said bonds, as they shall severally fall due, and the interest coupons upon the same, shall be paid by the clerk or treasurer, or other proper officer, on presentation or demand, at the treasury of said town, or at such agency in the city of New York, or elsewhere, as may be designated; and the principal of the said bonds, and the interest coupons thereon,

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when severally due, shall be received by the town and the proper officers thereof in payment of all dues or taxes to the said town. The bonds shall not be taxed directly or indirectly by the town of McRae. Payment of bonds and interest. Sec. 6. Be it further enacted, That nothing nothing contained shall be so construed as to permit the said bonds, or any portion thereof, to be issued until after an election by the qualified voters of said town has been held, as now or hereafter provided by law, and the assent of two-thirds of the said voters has been obtained thereto. Election before issue of bonds. Sec. 7. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved Dec. 19, 1901. MILLTOWN, TOWN OF INCORPORATED. No. 361. An Act to incorporate the town of Milltown, in the county of Berrien; to fix the limits of said town; to provide for the election of officers; to provide for the levy of taxes, both street and ad valorem; to authorize the town council to grant franchises to private persons, firms or corporations; to construct and maintain systems of telegraph, telephone, waterworks, lighting plants and any other franchise deemed advisable; to regulate the sale of liquors in said town; to authorize the power to license and regulate the management of hotels and private boarding houses, and all other places of business subject to be licensed; to levy a tax on all kinds of shows and circuses, billiard and pool tables, ten-pin and nine-pin alleys; to authorize and regulate a system of public schools; to authorize the mayor and town council to pass all and any needful rules, regulations, ordinances and laws necessary for the government of the 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, That the town of Milltown, in the county of Berrien, be, and the same is, hereby incorporated as a town, under the name and style of the town of Milltown. Milltown, town of incorporated. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall extend one mile in every direction from the present Masonic hall now located therein. Corporate limits.

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Sec. 3. Be it further enacted, That the municipal government of the town of Milltown shall consist of a mayor and six aldermen, who are hereby constituted a body corporate under the name and style of the town of Milltown, 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 or 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 town of Milltown, any property, or for any term of years, any estate, real or personal, lands, tenements, hereditaments, of whatever kind or nature soever, if in the limits, or without the limits, of said town, for corporate purposes; 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. Mayor and of aldermen, corporate name and powers. Sec. 4. Be it further enacted, That R. F. Dennisbe be, and he is hereby appointed mayor, and J. J. Knight, W. L. Patten, Theodore Edson, J. H. Bostick, R. B. Allen and Hamp Howell, be, and they are, hereby appointed aldermen of said town of Milltown, to hold their offices until the first annual election, as hereinafter provided. Mayor and aldermen appointed. Sec. 5. Be it further enacted, That on the second Tuesday in January, 1902, 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 their office for two years, and until their successors are elected and qualified. At first said 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 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 town for six months before the election, who before registering, as hereinafter required, have paid all taxes of every description legally imposed and demanded

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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 condidates 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 eight o'clock a. m. and closed at three 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 peace, who are electors 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. Elections. Sec. 6. Be it further enacted, That in the event the office of mayor, or any one or more of the aldermen, shall become vacant

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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. 7. 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 aldermen, as the case may be) of the town of Milltown, 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. Mayor and aldermen, oath of. Sec. 8. Be it further enacted, That the mayor and aldermen shall elect annually at the first regular meeting of the town council in 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, 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 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 prescribed for the regular policemen of the town. Mayor pro tem. Officers. Special policemen Sec. 9. Be it further enacted, That after the first election held under this charter no person shall be allowed to vote in any election

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held in said town who has not been duly registered, as hereinafter provided. Voters. Sec. 10. Be it further enacted, That the clerk of the town council shall keep a book, to be labeled registration book of the town of Milltown, in which he shall register, upon application, in alphabetical lists, keep 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 innext, I will have been a bona fide resident of the town of Milltown six months, and have paid all taxes legally required of me by said town. Sworn to and subscribed before me this 6th day of , 190. Clerk T. C. Such registration book shall be kept open for the registration 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 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 of voters. Sec. 11. 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 1895. Illegal voting. Sec. 12. 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. Persons elligible to office. Sec. 13. Be it further enacted, That the salaries of all the officers of the town of Milltown shall be fixed by the mayor and town council at the first regular meeting in of each year, which salary shall not be increased nor diminished during the terms of office of said officers. Salaries. Sec. 14. Be it further enacted, That the 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 cases of tie. Quorum.

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Sec. 15. 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 Milltown shall have full power and authority, and shall prescribe by ordinance for their assessment, levy and collection of an 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 Milltown. Property tax. Sec. 16. Be it further enacted, That the mayor and town council shall have full and absolute power and control over the sale of whiskies, beer, eider, 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 two-thirds 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 the 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. 17. Be it further enacted, That the mayor and town council of Milltown 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, and exhibitions of all kinds; itinerant lightning rod dealers, immigrant agents, clock and stove peddlers, peddlers of all kinds, itinerant peddlers in jewelry, and all other traveling and itinerant vendors of articles, goods, wares and merchandise of every nature

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whatsoever; every keeper of pool, billiard or bagatelle tables kept for public use; every keeper of a shooting gallery, nine-pin 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, fruit, bread, and other articles of food; upon every pawnbroker, and upon all other establishments, business, calling or avocations not heretofore mentioned, and which under the laws and Constitution of the State of Georgia are subject to license. Special taxes. Sec. 18. Be it further enacted, That the mayor and town council of Milltown 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 duties, 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 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 nonpayment 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. 19. 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, 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

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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 elevate 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 remore, or cause to be removed, all dilapidated or unsafe buildings, fences, chimneys, etc., which may be considered nuisances, or considered dangerous. Municipal powers. Sec. 20. 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, 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 toyn; 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 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 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 the power and authority to grant franchises for water-works, gas works, electric lights, telegraph and telephone lines through the streets and the alleys of said town upon such terms and conditions as said mayor and town council may, by ordinance, prescribe. Streets Municipal powers. Franchises. Sec. 21. 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 a 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 daus after having been notified by the mayor

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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 afore-said; 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 the 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 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 proceedings. Sec. 22. 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 of 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's 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 marshl at public outery under the laws of sheriff's sales to the highest and best bidder. When personal property is sold by the marshal, he 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

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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. 23. 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, persons sentenced by the mayor for violating the town ordinances, or any of the penal sections of this charter, and for safe detention of any disorderly person, 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 for trial. Council chamber and guard-house. Sec. 24. 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 the 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. 25. 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 fine not to exceed ($100.00) 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 (sixty) sixty days; provided, that the mayor of said town, or the 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

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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. 26. Be it further enacted, That when any execution issued by the proper authorities of said town for fines, forfeitures, 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. 27. 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 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 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 precribed 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. 28. Be it further enacted, That the mayor and aldermen in 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

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infectious or contagious disease, or to isolate, localize, or prevent the spread or increase of the same when found in the town. Quarantine regulations. Sec. 29. Be it further enacted, That all warrants, summonses and precepts issued by the mayor and aldermen of the town of Milltown, or the clerk bearing test in the name of 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 their witnesses such bond as may be deemed 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 same manner that such bonds are forfeited in the superior courts of this State. Appearance bonds. Sec. 30. 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 the 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. Stock running at large. Sec. 31. 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. Uniform for police. Sec. 32. Be it further enacted, That the mayor and town council of Milltown shall have full power and authority to establish a system of waterworks and a 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 limits of said 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 works, the proceedings shall be the same as in section twenty-one of this charter. Waterworks and sewerage. Sec. 33. Be it further enacted, That the mayor and council of Milltown shall have power and authority to establish and fix fire limits, and from time to time enlarge, restrict, or change the same; to provide a fire department and system of fire alarms; when fire limits are established, it shall not be lawful to build, or cause to be built, other than fire-proof buildings, except by special permission

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of the mayor and council of Milltown, 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 Milltown, after five days' notice given, shall cause the said non-fireproof 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. 34. 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 instructions in said town, 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 the colored school, and no colored child shall attend a white school; to appoint, remove 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. ublic school system. Sec. 35. 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 fund; the said State School Commissioner shall pay over to said mayor and aldermen such proportion of said educational fund as said pupils are entitled to under the rules of distribution. Pro rata share of State school fund. Sec. 36. 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, established and maintain a system of water-works, gas works, a system of electric lights, 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 shall 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 and

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issue bonds of said town for any other purpose, under the limitations herein enacted. General powers. Sec. 37. Be it further enacted, That the mayor and town council of Milltown shall have the power to remove any forge or smithshop 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. Removal of dangerous structures. Sec. 38. 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 for crimes committed within the limits of the town of Milltown. It shall moreover be his duty to arrest, or cause to be arrested, all disorderly persons, and 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 town, and to discharge any other duties imposed upon him by the laws, ordinances, rules and regulations of said town. Marshal, duties of. Sec. 39. 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 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 Milltown, and they, as well as all special officers of said town, shall, before entering upon the discharge of their duty, take and subscribe to an oath for the faithful performances of their duties of their respective offices, and they shall each enter into bond with good security, payable to the town of Milltown, 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. 40. 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 Milltown, and shall have the 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 Milltown. 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. 41. Be it further enacted, That any person who may be convicted before the mayor and town council of Milltown may, by giving notice of his intentions to certiorari, suspend the judgment,

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and may be released from custody at once upon giving bond with good security, in such sum as may be fixed by the 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 certioraris shall issue until all cost shall have been paid or an affidavit be made by the defendant showing his inability to pay same. Certiorari from Mayor's court. Sec. 42. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 17, 1901. MILLEDGEVILLE, CHARTER AMENDED. No. 313. An Act to amend an Act entitled an Act creating a new charter for the city of Milledgeville, approved December 15, 1900, by striking from said Act the entire section No. 39, and by striking the numbers of sections 40-1-2-3-4-5-6-7-8-9-50-1-2-3-4-5-6-7-8-9-60-1-2-3-4-5-6-7, and substituting in lieu of said numbers for said sections the following numbers, to wit: 39-40-1-2-3-4-5-6-7-8-9-50-1-2-3-4-5-6-7-8-9-60-1-2-3-4-5-6, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by the authority of the same, That from and after the passage of this Act, that the Act entitled an Act creating a new charter for the city of Milledgeville, approved December 15, 1900, be, and the same is, hereby amended by striking the entire section 39 of said Act. Milledgeville, sec. 39 of charter repealed. Sec. 2. Be it further enacted by the authority aforesaid, That said Act be, and the same is, further amended by striking the numbers of said sections 40-1-2-3-4-5-6-7-8-9-50-1-2-3-4-5-6-7-8-9-60-1-2-3-4-5-6-7, and in lieu thereof, that the following numbers for said sections be inserted, to wit: 39-40-1-2-3-4-5-6-7-8-9-50-1-2-3-4-5-6-7-8-9-60-1-2-3-4-5-6. 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 14, 1901.

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MINERAL BLUFF, TOWN OF, CHARTER AMENDED. No. 298. An Act to amend an Act incorporating the town of Mineral Bluff, Fannin county, Georgia, approved September 26, 1889, so as to increase the councilmen from three to five; to authorize and empower the mayor and council to assess, levy and collect an ad valorem tax for the support and maintenance of the town government; to authorize and empower them to lay out and establish streets; to change, alter or transfer and convey any part thereof; to levy street tax, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the charter of the town of Mineral Bluff, the same being an Act entitled an Act to incorporate the town of Mineral Bluff, approved September 26, 1889, be, and the same is, hereby amended by striking out the word three, in section 4, line four, at the beginning of said line, and insert the word five instead thereof, making it read five councilmen instead of three councilmen. Mineral Bluff, town of. Charter amended. Sec. 2. Be it further enacted by the authority aforesaid, That the word two, in section 5, ninth word in eighth line of said section, be stricken out and the word three be inserted instead thereof, making it read three councilmen, etc. Sec. 3. Be it further enacted, That in section 8, sixth and seventh lines, after the word bail the words impose fines, be inserted in each line, making them to read to bail, impose fines, or commit, etc. Sec. 4. Be it further enacted, That section ten be amended by adding to the end of said section ten the following, to wit: Or if the said mayor and council see fit so to do, they may levy and collect a regular street tax, not to exceed three dollars per annum, on all persons subject to road duty within the corporate limits of said town. Street tax. Sec. 5. Be it further enacted, That the mayor and councilmen of the town of Mineral Bluff are hereby authorized and empowered to lay out and establish streets whenever it becomes necessary for the best interest and welfare of said town, or any of its citizens, and to change, alter, transfer and convey, straighten, or improve streets, or any part or parts thereof, whenever it becomes

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necessary, or to the best interest of said town, or any of its citizens. Streets Sec. 6. Be it further enacted, That section 11 be amended by adding to the end thereof the following, to wit: And further, That the mayor and councilmen of said town are hereby authorized and empowered to assess, levy and collect annually an ad valorem tax on all property, personal and real, within the corporate limits of said town of Mineral Bluff, for the support and maintenance of the town government, not to exceed one-fourth of one per cent. Property tax. Sec. 7. Be it further enacted, That in section 12, third word in tenth line of said section, and be stricken out and the word or be inserted in lieu thereof, so that it shall read, all riotous or disorderly persons, etc. And further, That to the end of said section 12, be added the following, to wit: or work him on the streets of said town, at the discretion of the mayor. Disorderly persons. Sec. 8. Be it further enacted, That the mayor and council of the town of Mineral Bluff are hereby authorized and empowered to pass any and all ordinances, and enforce and execute the same, that they may deem proper and right for the protection of persons, property, the peace and quietude, order and good morals of said town, and to prevent desecration of the Sabbath and the use of vulgar and profane language and cursing and swearing in or on the streets of the town of Mineral Bluff, or in the hearing of females or children, not in conflict with the laws of this State, or the United States of America. Municipal power. Sec. 9. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 12, 1901.

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MINERAL BLUFF, TOWN OF, PUBLIC SCHOOL SYSTEM FOR. No. 385. An Act to authorize and empower the mayor and council of the town of Mineral Bluff to provide for the establishment, maintenance, and government of a system of public schools in and for the town of Mineral Bluff, Fannin county, Georgia; to provide for a board of education for said town and public schools; to provide for the registration of the voters under this Act; to authorize and empower the mayor and council of the town of Mineral Bluff to assess, levy and collect a tax for the establishment and maintenance of said public schools and the payment of the same to the board of education of said town; to provide for the issuing of bonds of said town for the purpose of raising revenue; to lease or purchase suitable real estate, lease, purchase, build and equip suitable buildings for establishing and maintaining first-class public schools; to provide for the payment of the bonds and interest thereon; to authorize and empower the mayor and council of the town of Mineral Bluff to appropriate the proceeds from the grant of license to retail spirituous liquors in said town (if there be such) to said public school purposes, and also the proceeds from special taxes to said purposes, if they so see fit; to authorize and require the county school commissioner of Fannin county to pay or turn over to the board of education of said town such part of the State and county school fund as may be the just pro rata share of said town, and all the children attending said schools, and prescribe the method of estimating the same, and for other purposes. Section 1. The General Assembly of Georgia do enact (the mayor and council of the town of Mineral Bluff having so recommended), That from and after the passage of this Act, there shall be established, conducted, maintained, supported, and provided for by local taxation and otherwise, in the manner hereinafter prescribed in this Act, a system of public schools in and for the town of Mineral Bluff, Fannin county, Georgia. Mineral Bluff, public schools. Sec. 2. Be it further enacted by the authority aforesaid, That there shall be a board of education for said town under the corporate name and style of Mineral Bluff board of education, with the right to sue and be sued in said corporate name, and whose duty it shall be to establish, manage, and control said public schools. Said board of education to consist of seven members, to

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be elected by the mayor and council of said town, within thirty days from the time this Act goes into effect, or as soon thereafter as practicable, three of whom shall hold their office for three years, two for two years, and two for one year from the date of their qualification, and to continue in office until their successors are elected and qualified; and every year thereafter their successors shall be elected on the first Tuesday in January, or as soon thereafter as practicable, of such years as their term expires, for a term of one year, this being the term of office after the first election. All vacancies in said board from death, resignation, removal from town, or otherwise, shall, for the unexpired term, be filled by the mayor and council of said town, at their first regular meeting after said vacancy occurs, or as soon thereafter as practicable. The members of said board of education shall continue in office, unless removed, until their successors are elected and duly qualified. No person shall be eligible to membership on said board who is mayor or councilman, nor any other person, unless he is twenty-one years old; has resided in said town for at least one year next preceding his election, and is a freeholder owning real estate within the corporate limits of the town. Each person elected as a member of said board shall qualify by taking and subscribing an oath similar to the one required of the members of the county board of education, before the mayor or one of the councilmen of said town, to faithfully discharge the duties as a member of said board, and which oath shall be recorded upon the minutes of the mayor and council of the town of Mineral Bluff. Board of education incorporated. Election. Sec. 3. Be it further enacted, That the mayor and council of said town are hereby authorized and empowered to remove any member of said board, in their discretion, at any time, and for any cause or reason they may deem right and proper, and for the best interest of the public schools, and the action of the mayor and council in so doing shall be final and conclusive, and not appealable or reversible by any court. Members of board removable Sec. 4. Be it further enacted, That within thirty days from their election said board shall organize, and that the officers of said board shall be a president, vice-president, a treasurer and a secretary, and such other officers as the board may deem advisable, all of whom shall be elected by said board from members of the board, except the secretary and treasurer, either of whom may be selected by the board from the members thereof or some person not a member of the board, as the said board may think best. The treasurer, before entering upon the duties of his office, shall take an oath to faithfully discharge said duties, and give bond and security,

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to be approved by the president of said board, in such amount as said board may require; provided, same is not less than twice the amount going into his hands annually, conditioned for the faithful discharge of his duties, which bond shall be payable to the Mineral Bluff board of public education; and said board in said name is hereby authorized and empowered to bring and maintain any suit or action in the courts of this State on said bond for any breach thereof by the treasurer, and should said board fail or refuse so to serve, then the mayor and council of the town of Mineral Bluff are hereby authorized and empowered to sue said bond for the use of said corporation, and the proceeds of such suit to be applied to the public schools of said town. Said treasurer shall pay out no money except by order of the board. Officers of board. Treasurer. Sec. 5. Be it further enacted by the authority aforesaid, That said board of education shall have the power, and it is hereby made their duty, to speedily devise, design, adopt, and establish, under this Act, in said town, a system of public schools, to modify the same from time to time; to establish such schools as they see proper for the whites and the blacks, and which, for the two races, must be entirely separate and distinct from each other, and not more than one for each race, unless the mayor and council of said town shall, at a regular meeting, direct the opening of more than one public school for each of the two races, and which the mayor and council of said town are hereby authorized and empowered to do, when they may deem it proper so to do. Schools, separate for whites and blacks Sec. 6. Be it further enacted by the authority aforesaid, That said board shall keep regular, full, and complete minutes of all acts done and proceedings had by them, the same to be authenticated by the signature of the president and secretary for the time being, which shall, together with all books kept by the officers of said board, at all times be open to the inspection of the mayor and council, or any citizen of the town; shall supervise, regulate, and make efficient said school system; shall prescribe the curriculum, the text-books, and books of reference to be used in said school; elect and employ teachers, and, if they so desire, a superintendent for said schools; to fix the schools as to terms, and the time of beginning and closing said schools; shall have the right and authority to suspend or remove such teachers and superintendent whenever, in their discretion, they deem it best so to do, and their action in so doing shall be final and conclusive, and not subject to appeal or review by any court; to fix the salary or compensation of teachers and superintendent, and pay the same; to make such by-laws, rules, and regulations for the government of said board and the

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members and officers thereof, and also of the superintendent, the teachers and pupils of said schools as they deem proper, when not in conflict with this Act and the laws of the State; to establish grades in said school and to provide for the necessary conveniences, and necessary furniture, apparatus, and all appliances of every kind whatsoever, for said school, and to do any and all acts to promote the best educational interest of said town and the successful operation of said schools, not in conflict with the provisions of this Act, or the laws of the State. Board, records of and power. Sec. 7. Be it further enacted by the authority aforesaid, That said board is hereby authorized and empowered to receive, hold, apply, sell, or expend, any donation, gift, or bequest of property of any kind, personal or real, or money, made to said board for the benefit of said schools. Donations. Sec. 8. Be it further enacted by the authority aforesaid, That said board shall, out of the funds going into their hands, provide schoolhouses by renting or purchasing suitable buildings, and furnish and properly equip the same for school purposes. The title to all property, both real and personal, purchased by said board out of the funds derived through the corporation of the town of Mineral Bluff, shall vest in and be taken in the name of the corporation of the town of Mineral Bluff, but the use, control, and supervision thereof shall be in said board. School-houses, etc. Sec. 9. Be it further enacted, That said board is hereby authorized and empowered to receive, in their corporate name, and to make any disposition they see fit, by sale or otherwise, and convey, by bill of sale or deed, the title to any and all property, reai or personal, given or donated to said board for the benefit of the public schools, and reinvest the proceeds of the same as said board deems most conducive to the interest of the public schools. Said board is also authorized and empowered to exchange, sell, and convey the personal property acquired by funds arising through or from the corporation of the town of Mineral Bluff, but all realty so acquired can only be sold and conveyed by the corporation of the town of Mineral Bluff. Donations. Sec. 10. Be it further enacted, That said board shall keep a regular set of books, in which shall be entered all moneys and other property, real and personal, by them received, when received, from whom received, and for what purpose, and there shall also be entered upon said books all moneys paid out, the amount, when paid to whom paid, and for what purpose paid, backed by proper vouchers, and of all other property disposed of by them, when disposed of, to whom, and for what purpose. These books shall be at all times

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open to the inspection of the mayor and council of the town, and any citizen thereof. Said board shall each be personally liable to the mayor and council of the town of Mineral Bluff for any funds given into the hands of said board for public schools, and by the board used for any other purpose than the public schools. Board, book of. Sec. 11. Be it further enacted, That said board shall annually, on or before the first Monday in July of each year, present, in writing, to the mayor and council of the town, a full itemized statement or bill of particulars showing all receipts and expenditures by them during the last scholastic year, ending June 30, accompanied with the proper vouchers. Board, reports of. Sec. 12. Be it further enacted, That the said board shall, from time to time, and also whenever requested by the mayor and council of the town, furnish the mayor and council an estimate of the amount of the funds required for the support and maintenance of said schools, and shall, on or before the first Monday in July of each year, make a written report to the mayor and council of Mineral Bluff, giving therein an estimate of the amount needed for the schools for the next scholastic year, and stating therein the condition of the school property and the schools themselves, showing the number of pupils in attendance, with such other information and recommendation as they may deem proper, and which report shall be published, if the mayor and council so direct. Said board shall, as soon after their appointment as practicable, furnish to the mayor and council an estimate of the amount of money, properly itemized, needed by them to establish, support, and maintain said schools for ten scholastic months. Board, reports of. Sec. 13. Be it further enacted, That all officers elected by said board shall hold their offices at the pleasure of the board, who may remove or suspend such officers whenever the board deems it best so to do, and the action of the board shall be final and not appealable from. Officers of board, tenure of. Sec. 14. Be it further enacted, That no member of said board shall be eligible to the office of mayor or councilmen, or to the position of superintendent or teacher in said school, and no member of said board shall receive any compensation for his services on said board, except he be secretary or treasurer, as herein provided for. Members of board ineligible to office. Sec. 15. Be it further enacted, That the board shall fix such compensation for both the secretary and treasurer as they deem right and proper, to be paid out of the school funds in their hands, but such compensation must be fixed prior to the election of these officers, and shall not be changed during the time the person elected

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holds the office. The term of office of the secretary and treasurer shall be such a period as the board may fix, with the right vested in the board to change the term whenever they see fit so to do. Secretary and treasurer, compensation of. Sec. 16. Be it further enacted, That the public school herein provided for shall be run for a period of not less than five, nor more than ten, scholastic months in each year. Scholastic year. Sec. 17. Be it further enacted, That all the children between the ages of six and eighteen years, who bona fide reside within the corporate limits of said town with their parents, guardians, or natural protectors, as the case may be, and whose parents, guardians, or natural protectors also bona fide reside within the corporate limits of said town of Mineral Bluff, and when such child or children and parents, guardian, or natural protector, have so resided for six months next preceding the application to enter said school, shall be entitled to the benefit of said school, and no such child or children shall be required or compelled to pay any tuition for such course of studies as are not provided by law in the public schools of the several counties of the State; but said board may, in their discretion, require each child in said town entering said school to pay an incidental fee not to exceed fifty cents per month, and a matriculation fee not exceeding five dollars per year, payable in whole or in installments, as the board may require; and said board may admit children of like ages into said schools, whose parents, guardians, or natural protectors do not reside within said corporate limits, upon such terms and regulations, and upon the payment of such tuition, matriculation fee, and incidental fees, as the board may, in their discretion, prescribe from time to time. Said board may also provide for the admission of pupils under six and over eighteen years of age into said schools, whether residents of said town or not, on such terms and conditions as the board shall from time to time prescribe; provided, that a residence of six months of pupils of school age in said county shall not be required in order that said pupils may receive a benefit of the school fund for the public school term; provided further, that no incidental or matriculation fee shall be charged to any pupil of school age in said county during the public school term. Children admitted to schools. Sec. 18. Be it further enacted, That all sums of money derived from tuition, matriculation fee, and incidental expenses, shall become a part of the fund for the support and maintenance of said schools, and be so used and accounted for. School fund. Sec. 19. Be it further enacted, That under no circumstances shall any white child be admitted into or taught in a colored school,

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nor any colored child be admitted into or taught in a white school, but said schools are to be forever kept entirely distinct and separate. Separate schools for whites and blacks Sec. 20. Be it further enacted, That if at the election herein provided for the vote shall be in favor of public schools, then the mayor and councilmen of said town of Mineral Bluff are hereby authorized and empowered to assess, levy and collect annually a tax in addition to that now allowed by law, not to exceed one-fourth of one per cent. on the taxable property of said town, and which shall be used solely and exclusively for the purpose of establishing and maintaining said schools for a period of not less than five nor more than ten scholastic months in each year, or to paying the bonds hereinafter provided for, and the accruing interest thereon, and providing furniture, apparatus, grounds and buildings for said schools. This tax shall be collected by the first of September of each year after the same is assessed and levied, and turned over to the board of education of said town to be used for the purposes aforesaid. School tax Sec. 21. Be it further enacted, That all the net proceeds arising from issuing license to retail spirituous liquors within the town of Mineral Bluff shall constitute a part of the public school fund of said town, and as such shall be by the mayor and council of said town turned over to the Mineral Bluff board of public education, to be used for said purpose as in this Act provided. The mayor and council shall also have the right, if they see fit to exercise it, to appropriate such special taxes, collected by said town from any source whatever, to the support and maintenance of said schools. Fees for licenses to sell liquors. Sec. 22. Be it further enacted, That authority is hereby granted to the trustees of any school or church, white or colored, now in said town of Mineral Bluff, or that may hereafter be in said town, to turn over and legally convey any school or church property, real or personal, that they hold to the Mineral Bluff board of public education, for the public schools of said town, and all property so turned over and conveyed by the trustees of a white school or church shall be used exclusively for the establishing, support and maintenance of the public schools for white children in said town, and all property so turned over and conveyed by the trustees of any colored school or church, shall be used exclusively for the establishing, support and maintenance of the public schools for colored children in said town. School property conveyed to board, how used. Sec. 23. Be it further enacted, That moneys arising from, furnished or collected by the corporation of the town of Mineral Bluff under this Act for the establishment, maintenance and support

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of the said public schools, shall be paid over to the Mineral Bluff board of public education upon said board giving bond with good security, payable to the corporation of the town of Mineral Bluff, in such sum as the mayor and council may fix, conditioned for the faithful application of all said funds in establishing and maintaining the public schools in this Act provided for; provided, it shall be optional with the mayor and council to exact such bond, or not, as they may deem best. Board, bond of. Sec. 24. Be it further enacted, That the board of education of Fannin county shall not establish or open any school within the corporate limits of Mineral Bluff, nor have any authority or voice in the management of the schools therein established under the provision of this Act by the Mineral Bluff board of public education. Other schools. Sec. 25. Be it further enacted, That the county school commissioner of Fannin county shall pay over to the Mineral Bluff board of public education the pro rata share of the State and county school fund to which said town is entitled according to the number of children of school age residing within the corporate limits of said town, increased by the number of children in said county between the ages of six and eighteen attending said school, said town being hereby declared to be entitled to the same proportion of said school fund as the total number of children of public school age residing within the corporate limits of the town increased by the number of children of said county of public school age attending said public schools bears to the total number of the children of school age residing within the limits of Fannin county, as shown by the last school census. The amount so to be paid shall be paid at such times as the teachers of the county are paid, and when paid shall be expended by said board for the support and maintenance of the public schools of Mineral Bluff, in such manner as the said board sees most wise and expedient. Pro rata share of county and State school fund. Sec. 26. Be it further enacted, That before this Act shall become operative and go into full force and effect, it shall be submitted to the qualified voters of sail town of Mineral Bluff to determine whether or not said public schools shall be established and maintained, and to this end the mayor and council of said town shall, within thirty days from the passage and approval of this Act, order an election in conformity with the provisions of article 8, section 4, paragraph 1, of the Constitution of this State on the question of local taxation to establish and support said system of public schools, of which four weeks' notice shall be given, signed by the mayor and clerk of the council and published in any public newspaper of said town, and if none in said town, then in the newspaper

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of said county in which the sheriff advertises, and also posted at three or more public places in said town in addition to this newspaper advertisements, and which election shall be held at the regular meeting of the mayor and council of said town under the same rules and regulations and qualifications as are required for the election of mayor and councilmen. Those in favor of public schools and local taxation therefor shall have written or printed on their tickets, for public schools, and those opposed shall have written or printed on their tickets, against public schools. The managers of said election shall make return of the result of said election by ten o'clock a. m. of the day succeeding the election, to the mayor and council of said town, who shall, at twelve o'clock m. of the same day succeeding said election, or as soon thereafter as practicable, meet and open said returns and declare the result thereof, and which result shall be entered upon the minutes of the council. If two-thirds of the qualified voters of said town measured by the number of votes cast at the last general election for mayor and councilmen of the town shall be for public schools, then this Act shall take effect immediately, and the mayor and councilmen shall forthwith proceed to carry it into effect by assessing, levying and collecting the tax, electing the board of education and doing all those things herein required of them for the establishment of said schools. Should this Act fail of adoption at said election, the mayor and councilmen may submit the same to another election under the same rules, regulations, and qualifications, after the expiration of six months, and so continue to submit it until the same is favorable to the adoption of the Act; provided, election shall not be had therefor oftener than every six months, and it shall be the duty of the mayor and councilmen to order elections on the written request of ten freeholders until the result is for public schools, provided the elections are six months apart. Election for public schools. Sec. 27. Be it further enacted, That for the purpose of enabling the Mineral Bluff board of public education to purchase, lease or rent suitable real estate, and to purchase, build or repair suitable buildings for public schools, and to supply the same with furniture, apparatus, appliances, and conveniences provided for in this Act, the corporation of the town of Mineral Bluff are hereby authorized and empowered to issue bonds of said town in a sum not exceeding ten thousand dollars, the same is to be signed by the mayor of Mineral Bluff, and attested by the clerk of council under the corporate seal of said town, and of denominations not less than fifty dollars nor more than five hundred dollars each, and to bear interest at the rate of not exceeding seven per cent. per annum,

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payable annually at such time and place as the mayor and council may determine. Said bonds to be known as public school bonds of the town of Mineral Bluff, and to become due and payable at such time and place, not exceeding twenty years after the same are issued, as the mayor and councilmen may fix and determine. Said bonds shall have coupons attached to them for each installment of interest, which coupons shall be signed by the mayor of the town and clerk of the council, and the principal and interest coupons shall be paid at maturity. Said bonds, when so issued by the corporation of the town of Mineral Bluff, to be sold, hypothecated, or negotiated in such manner and in such sums and at such times as may be for the best interest of the town and the objects of this Act, but not for less than par value; and only so much of the same shall be issued, sold, hypothecated, or negotiated as the board of education may require for the purposes specified herein, and the mayor and councilmen may deem right and proper and necessary. Before issuing said bonds the question of issuing the same shall be submitted to the qualified voters of the town of Mineral Bluff, on a day to be designated by the mayor and councilmen, notices of which shall be published in a newspaper published in said town, if any, and also in the newspaper in which the sheriff advertises for the county of Fannin, and published four weeks before the election. No person shall vote at said election who is not qualified to vote for mayor and councilmen of the town. All persons favoring the issue of said bonds shall have written or printed on their ballots, for issuing bonds, and all opposed shall have written or printed on their ballots, against issuing bonds, and if two-thirds of the qualified voters of said town, according to the provisions of section 508(1) of the Code of Georgia of 1882, shall be for issuing bonds, the mayor and councilmen of said town shall issue said bonds, and for the purpose of providing for the payment of the interest on the bonds so issued and negotiated, as well as for the payment of the principal, and the right to call in or retire said bonds in time and manner as above provided for, shall be inserted on the face thereof. The proceeds of said bonds shall, when issued, sold, hypothecated, or negotiated as herein provided, be turned over to the Mineral Bluff board of public education to be applied by said board to leasing or purchasing suitable lots and buildings, or lots and erecting buildings thereon for said public schools, and furnishing and equipping the same, and for no other purpose shall said proceeds be used. Should the vote be against issuing the bonds, the mayor and councilmen are hereby authorized and empowered

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powered to order other elections upon the same after the lapse of six months between said elections, and such election shall be by the mayor and councilmen ordered on the written petition so to do of ten freeholders in said town, provided said elections shall be six months apart. School bonds. Election for. Sec. 28. Be it further enacted, That the elections to determine whether bonds shall be issued or not shall be separate and distinct from all other elections in said town, and when due the mayor and councilmen are hereby authorized, empowered, and required to assess, levy and collect such tax annually upon all the taxable property, real and personal, within the corporate limits of said town, as will be necessary to carry out the provisions of this section and the payment of the principal and interest of said bonds, which tax shall be separately assessed, levied, and collected for the specified purpose herein designated, and shall not be used for any other purpose whatever; and said mayor and councilmen shall also provide a sinking fund for the payment and redemption of said bonds as the same shall become due, and any money remaining in hand received and collected by taxation under this Act after the payment of the maturity bonds and interest coupons for such year, shall be held as a part of the sinking fund for the payment of the bonds and interest next thereafter maturing. The corporation of the town of Mineral Bluff shall have the right, after the expiration of five years, to retire one-half of said bonds, and at the expiration of ten years to retire the other half of said bonds, and said bonds shall be issued in the name of the corporation of the town of Mineral Bluff at different times. Tax to pay bonds. Sec. 29. Be it further enacted, That the mayor and councilmen may, in their discretion, prior to any election hereafter had under the provisions of this Act, order a registration of the persons qualified to vote at such election, which registration shall close ten days prior to the day of election, said registration to be made by the clerk of council; and no person shall be allowed to register who is not a bona fide resident of said town, and who is not otherwise qualified to vote in the general election of said town. A list of the persons registered for said election shall be posted at the place of holding said election of said town for five days prior to said election. It shall be lawful for any taxpayer of the town to contest the legality of the registration of any voter by filing notice thereof with the mayor of said town, with the grounds thereof, and not less than three days before said election. The mayor and councilmen shall immediately proceed in a summary way to hear such contest, after giving notice to the persons whose right to register is

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contested, and shall have the right and power to direct the names of such person or persons found to be illegally registered to be stricken from the registration list, and the decision of the mayor and councilmen shall be final and conclusive, and not appealable from. Said registration list so made shall be conclusive as to who are the qualified voters of the said town and entitled to vote at said election. The clerk of the council shall, on or before the day of any election held under this Act, and before the polls are opened, furnish to the superintendent of said election a list of the persons registered for said election, arranged in alphabetical order. Any person who shall vote at any election held under this Act, who is not entitled to vote, shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 4310 of the Code of Georgia of 1882. Registration of voters. Sec. 30. Be it further enacted, That each and all elections held under this Act shall be held under the rules and regulations as govern the elections of mayor and council, except that no person shall be allowed to vote at any election held under this Act who is not specially registered for said election. The superintendent of said election shall make returns to the mayor and council, who shall open said returns in open session at twelve m. on the next day succeeding the election, or as soon thereafter as practicable, and declare the result, which shall be entered on the minutes of the proceedings of the mayor and councilmen of said town. Elections, how held and declared. Sec. 31. Be it further enacted, That no funds arising from bonds issued under section 26 of this Act, except the sum set apart for the payment of the principal and interest on said bonds, shall be paid out by the treasurer for the town, except on such claims for property purchased, leased, or rented, or work done as shall have been audited by the board of education and approved by the mayor and councilmen of said town; and it shall be the duty of the mayor and councilmen to examine each account or claim submitted for approval, and unless satisfied of its correctness, it shall be the duty of the mayor to call a meeting of the council of said town and to notify the board of education of the time and place of such meeting to decide upon the correctness or justness of such claim, and the decision of the mayor and councilmen shall be final and conclusive. Disbursements of proceeds of bonds. Sec. 32. Be it further enacted, That in case of the breaking out of any epidemic or contagious disease, the board shall have power to stop and prevent any child that has been exposed to it, or liable

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to contract it, for such time as said board may deem prudent and safe. Health of schools. Sec. 33. Be it further enacted, That if any question as to the right of any child to enter said school shall arise, and the decision of the board is not satisfactory, there may be an appeal to the mayor and councilmen entered by the parents, guardian, next friend, or natural protector of such child, within five days from the decision of the board; the appeal to be in writing, and the mayor and council shall, as speedily as possible, hear and determine said appeal, giving both sides, the appellant and the board, notice of the time and place of hearing, and the decision of the mayor and councilmen shall be final and conclusive. Appeals from school board to mayor and councilmen. Sec. 34. Be it further enacted, That all moneys raised by the corporation of the town of Mineral Bluff from taxation, bonds, or otherwise, shall be used only in paying the tuition of children between the ages of six and eighteen years. School age. Sec. 35. Be it further enacted, That the child of no person shall have the benefit of said public schools who fails or refuses to pay all taxes assessed against him or her by the corporation of the town of Mineral Bluff, and which he or she is legally liable for. Payment of taxes. Sec. 36. Be it further enacted, That assessment of taxes, all funds arising or collected under this Act, shall by the corporate authorities of the town of Mineral Bluff be kept separate and distinct from other assessments and collections of said town, and are to be used solely for the purpose herein designated; and the mayor and councilmen shall have kept a separate, full, and distinct itemized account, showing all moneys raised and received, when and how, and from what, and the disposition of the same, to whom, when, and for what paid. School fund. Sec. 37. Be it further enacted, That the mayor and council of the town of Mineral Bluff are hereby authorized and empowered to pass any and all ordinances, by-laws, rules and regulations for the carrying out of the provisions of this Act, not in conflict with the laws of this State, or the provisions of this Act. Mayor and councilmen, powers of. Sec. 38. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 18, 1901.

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MONTICELLO, TOWN OF, ACT TO REGULATE REPEALED. No. 276. An Act to repeal an Act entitled An Act to regulate the town of Monticello, in the county of Randolph, approved December 15, 1810, and all other Acts explanatory or amendatory thereof heretofore passed, so as to repeal the charter of said town of Monticello, then in the county of Randolph, but now in the county of Jasper, 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 same, That the Act entitled An Act to regulate the town of Monticello, in the county of Randolph, approved December 15, 1810, and all Acts explanatory or amendatory thereof relating to the municipal government of said town and the powers conferred upon the same be, and the same are, hereby repealed, so as to repeal the charter of said town of Monticello, now in the county of Jasper. Monticello, town of, charter repealed. 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 11, 1901. MONTICELLO, CITY OF INCORPORATED. No. 360. An Act to incorporate the city of Monticello, in the county of Jasper, and prescribe its limits; to provide for a mayor and councilmen and the officers of said city, and prescribe their powers and duties and the manner of their election; to declare and define the police powers of said city, and provide for all matters of municipal concern and cognizance; to provide that all valid, legal contracts heretofore entered into by the corporate authorities of the town of Monticello shall be good and valid for or against the city of Monticello, and that all property now held and owned by the town of Monticello shall be and become the right and property of the city of Monticello, and for other purposes. Section 1. Be it enacted by the General Assembly of the State

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of Georgia, and it is hereby enacted by the authority of same, That the inhabitants of the territory embraced within the limits of three-fourths ([frac34]) of one mile in every direction from the center of the court-house as it is at present located in Monticello, in the county of Jasper, be incorporated under the name and style of the City of Monticello, and said City of Monticello is hereby incorporated, and by that name and style shall have perpetual succession; may have and use a common seal; may sue and be sued; may plead and be impleaded in any court of law or equity in this State; shall be capable in law or equity to purchase, have and hold, receive and enjoy, possess and retain, for corporate purposes, any estate, or estates, real or personal, of whatever kind or nature, within or without the jurisdictional limits of the city of Monticello, and may sell, or otherwise dispose of same for the use and benefit of said city, as to the city council may seem fit and proper; the mayor of said city, by direction of the city council, making deed to any property sold or disposed of by said city. Monticello, city of, incorporated Corporate limits and powers. Sec. 2. Be it enacted by the authority aforesaid, That the municipal government of the city of Monticello shall be vested in a mayor and five councilmen, who shall be elected in the manner hereinafter set out, and who shall compose the city council of Monticello. Mayor and councilmen. Sec. 3. Be it enacted by the authority aforesaid, That an election shall be held at the court-house in the city of Monticello, on the 1st Thursday in January, 1902, and annually thereafter, for mayor and five councilmen, who shall serve for one year from the time of their installation, and until their successors are elected and qualified. Elections, when held Sec. 4. Be it further enacted by the authority aforesaid, That all elections shall be superintended and managed by a justice of the peace, or some other judicial officer, and two freeholders, residents of said city, and before entering on their duties as managers of said elections, they shall subscribe the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are justices of the peace, or other judicial officers or freeholders (as the case may be), residing in the city of Monticello; that we will make a just and true return thereof, and will not knowingly permit any one to vote in this election unless we believe that he is entitled to vote according to the law of said city of Monticello; nor will we knowingly prohibit any one from voting who is by law entitled to vote, so help us God. Said oath to be signed by each manager in the capacity in which he acts. Said oath may be administered by any person in the county of Jasper

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authorized by law to administer oaths, or if no such officer can be conveniently had, said managers may swear each other. Said managers shall keep two lists of voters and two tally sheets of said election. Said managers shall be appointed by the mayor then in office, or in his absence, by the mayor pro tem. then in office, at least five days before the election, and notice thereof given to the persons appointed, and if any one or more of said managers so appointed fail to appear and serve at the time for opening the polls on the day of election, the vacancy or vacancies may be filled instanter, and the necessary number of managers appointed by the mayor then in office, or in his absence, by the mayor pro. tem., or in the absence of both, by any councilmen then in office. The said managers of said election shall receive such compensation as may be fixed by the city council of said city, not exceeding three dollars per day each. Managers. Sec. 5. Be it further enacted by the authority aforesaid, That the polls at the elections held in and for said city shall be open from 8 o'clock a. m. to 5 o'clock p. m., when they shall be closed and the managers of said elections shall proceed to count the ballots and consolidate the returns of said election and certify the same. They shall keep two lists of voters and two tally sheets, and shall make certificate of the result on each tally sheet, and shall place one of said lists of voters and one of said tally sheets, together with the ballots, in an envelope or box, and seal the same, and deposit the same with the clerk of the superior court of Jasper county. The other list of voters and tally sheet shall be filed with the clerk of the city council by said managers for delivery to and inspection by said city council who shall meet within five days after said election is held and declare the result of same, which said declaration of the result of the election they shall cause to be entered of record on their book of minutes. The clerk of the superior court and clerk of said city council, after the expiration of thirty days from the time of said election, shall destroy said ballots and list of voters, without inspection, provided no notice of contest be filed or pending, in which case they shall preserve same until said contest be finally determined. Returns. Lists of voters and tally-sheets. Sec. 6. Be it enacted by the authority aforesaid, That all persons who shall have paid all taxes legally imposed and demanded by the city authorities, except taxes for the year in which the election is held, and who have been bona fide residents of said city for 60 days previous to the time when the election is held, and who are qualified to vote in the county of Jasper for members of the General Assembly of Georgia, shall be considered electors

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and be entitled to vote in said city elections, and no others shall be qualified to vote. Voters. Sec. 7. Be it enacted by the authority aforesaid, That if any person shall vote in any city election in said city who is not legally entitled to vote under the laws of said city, he shall be guilty of a misdemeanor, and shall be punished, as prescribed in section 4310 of the Code of 1882, upon conviction after indictment or presentment by the grand jury of Jasper county. Illegal voting. Sec. 8. Be it further enacted by the authority aforesaid, That the term of office of mayor and councilmen shall be one year from the first Tuesday in February after their election, and until their successors are elected and qualified. On the first Tuesday in February each year after their election, the mayor and councilmen-elect shall meet in the city hall or council chamber and there severally take, before some officer authorized to administer oaths under the laws of this State, the following oath of office, to wit: I do solemnly swear that I will well and truly demean myself as mayor (or councilman, as the case may be) of the city of Monticello 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 councilman be absent from said meeting, he shall take the oath of office as soon as possible thereafter. Mayor and councilmen. Terms of office. Oath. Sec. 9. Be it further enacted by the authority aforesaid, That the present officers of the town of Monticello, to wit: N. A. Reid, mayor; S. R. Campbell, R. L. Furse, J. E. Hecht, Lucian Benton and W. F. Jordan, Jr., councilmen, be, and they are, hereby declared and appointed lawful officers of the city of Monticello, under this charter, until the first Tuesday in February, 1902, and until their successors are elected and duly qualified, as provided in this charter. Mayor and councilmen appointed. Sec. 10. Be it enacted by the authority aforesaid, That should any contest arise over the result of any election for mayor and councilmen of said city, it shall be determined as follows: The contestant or contestants shall, within ten days from the date of said election, by petition to the superior court of Jasper 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 of Jasper county. Immediately upon the filing of said petition with said clerk, he shall transmit a copy thereof to the judge of the superior court of Jasper county, and shall furnish the contestees, as set out therein, each with a copy of said petition. Upon receipt

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of a copy of said petition the said judge shall fix a time and place of hearing, and endorse same on the said copy; provided, that the time of hearing shall not be more than 60 nor less than thirty days, from the date of his order, and may be at the session of the superior court for said county, or in vacation. All parties shall receive from said clerk 10 days' notice of the time and place of hearing, and at the time and place, said judge shall proceed to hear and determine said contest, and all the issues of law or fact submitted therein, and render final judgment in the premises. Election contests. Sec. 11. 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 by the city council shall exercise the duties of their respective offices. Sec. 12. Be it further enacted by the authority aforesaid, That in case of a vacancy in the office of mayor caused by death, resignation, failure to elect, removal from the city, or otherwise, said vacancy shall be filled by the city council of said city, who shall proceed at once to elect a mayor for the unexpired term, it being declared lawful and competent for said city council to elect one of its own members, should they see fit. And in the case of a vacancy in the office of councilman, caused by death, failure to elect, resignation, removal from the city, elevation to the mayoralty, or otherwise, the vacancy shall be filled by the remaining members of the city council, who shall proceed at once to elect a councilman for the unexpired term. Said mayor or councilman thus elected shall, before entering upon the duties of their respective offices, take the oath of office heretofore prescribed. Vacancies. Sec. 13. Be it further enacted by the authority aforesaid, That should the mayor or any councilman fail or refuse to perform the duties of his office for two consecutive months, or be guilty of any misconduct in the performance or non-performance of his official duties, the office or offices may, in the discretion of the remaining members of the city council, be declared vacant and the vacancies filled as provided for in section 12 of this Act; provided, however, that this power to declare said offices vacant shall not be exercised until the party whose office is affected shall have reasonable notice, not less than ten days, of the intention of said city council to investigate his conduct with a view of declaring his office vacant, which notice shall be written and specify the time and place of hearing, and said party affected shall have the right to be present at said hearing, to have compulsory process to compel the attendance of such witnesses as he may wish subp[oelig]naed in his behalf, and to be represented by counsel. Mayor and councilmen removable.

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Sec. 14. Be it further enacted by the 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 is not a qualified elector to vote in the city elections of said city. Nor shall any person be eligible to the office of councilman of said city who is not eligible to the office of mayor. Should the mayor or any councilman of said city, during his term of office, remove from the limits of the city, his office shall thereby become vacant. Mayor and councilmen, qualifications of. Sec. 15. Be it further enacted by the authority aforesaid, That the city council shall be presided over at its meetings by the mayor, or in his absence, by the mayor pro tem., and a majority of the council shall be necessary to form a quorum for the transaction of business. The said council shall cause to be kept in a well-bound book an accurate record of all its proceedings, by-laws, acts, orders, ordinances and resolutions, which shall be fully indexed and open to the inspection of any one who is required to pay taxes in said city. Said council shall hold monthly, semi-monthly, or weekly meetings, as they may determine, and the mayor, or mayor pro tem. may call such other and additional meetings as emergencies may in his judgment require. At each meeting of said city council the proceedings of the last meeting shall be read and corrected, if erroneous, and signed and approved as correct by the presiding officer for the time being. Upon the call of any member the yeas and nays on any question shall be taken and recorded on the book of minutes. Presiding officer and quorum. Records. Meetings. Sec. 16. Be it further enacted by the authority aforesaid, That the city council of said city 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 or other measure shall be passed unless it receives the vote of three councilmen, if there be a full board of five present. In the event a full board of five councilmen are not present, no ordinance or other measure shall be passed unless it receives the votes of three councilmen; provided, that in case of tie the mayor shall have the right to vote, and any ordinance or other measure in such cases receiving the votes of two councilmen and the mayor shall be passed and held of full force and effect. In no case shall the mayor have the right to vote upon any ordinance or measure, except in case of a tie; but it shall be his duty to vote in all cases where a tie arises, whether with a full board of five present or not, and such vote, when cast, shall count as the vote of a councilman in determining whether any ordinance has received the three votes necessary to

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pass. In the event a councilman shall be disqualified from voting in accordance with the disqualification prescribed by law of this State, or shall refuse to vote, a note of said refusal or disqualification shall be made upon the book of minutes, and the remaining members of the council shall proceed to vote and act as if said councilman was absent. It shall be optional, but not compulsory, for said city council to have posted any measure, ordinance or resolution, at such places in the city as they may direct for the information of the public, or they may have same published in any newspaper of said city; but the failure to so post or publish any ordinance, measure or resolution shall in nowise operate to render same void. Municipal powers. Mayor's vote. Disqualified councilmen. Sec. 17. Be it further enacted by the authority aforesaid, That said city council of said city shall have power to elect two or more policemen, one of whom shall be chief of police, a clerk, treasurer, attorney, assessors, and such other officers as the necessities of the city may demand. The terms of office of said officers shall be for one year and until their successors are elected and qualified. The mayor and councilmen, or mayor pro tem., may appoint such extra policemen as may be necessary from time to time, and said extra policemen shall receive such compensation as may be fixed by the city council. Either of said officers may be dismissed from office at any time by a majority vote of the city council, 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 said city council. Officers Sec. 18. Be it further enacted by the authority aforesaid, That the city council shall, at their first meeting after election and qualification, elect one of their members as mayor pro tem., who shall, in the absence or disqualification of the mayor, be the presiding officer of the city council, and shall be allowed to vote on all questions, and who shall, in the absence or disqualification of the mayor, exercise all the functions of the office of mayor, and all the duties, powers, rights, and privileges conferred by this charter upon the mayor, may and shall be exercised by the mayor pro tem. in the absence or disqualification of the mayor, or when the mayor, from sickness or from other reasons, is unable to act. Mayor pro-tem. Sec. 19. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of clerk, attorney, assessor, who has not been a bona fide resident of said city for one year or more continuously next preceding his election, and who is not a qualified elector to vote in the city elections of said city.

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Should any officer, during his term of office, remove from the limits of said city, his office shall thereby become vacant. Officers, Qualifications of. Sec. 20. Be it further enacted by the authority aforesaid, That the mayor of said city shall be ex-officio treasurer of said city; said duties to be prescribed by the city council. He shall be required to give such bond and security as the city council may fix, conditioned for his faithful performance of the duties of treasurer of said city; provided, however, that should the city council see fit they may separate the offices of treasurer and mayor and elect a treasurer of said city, prescribe his duties, fix his salary, and require of him bond and security. Mayor, ex-officio treasurer. Sec. 21. Be it further enacted by the authority aforesaid, That the chief of police of said city shall be ex-officio clerk of the city council, and shall perform all the duties of the clerk of said city council, said duties to be prescribed by the city council; provided, however, that should the city council see fit, they may separate the offices of chief of police and clerk and elect a clerk, prescribe his duties, fix his salary, and require of him bond and security. Chief of police, ex-officio clerk. Sec. 22. Be it further enacted by the authority aforesaid, That said city council shall, at their first regular meeting in February of each and every year, elect three (3) upright, intelligent and discreet persons, who shall be freeholders and residents of said city, as city tax assessors, who shall hold office for one year, and until their successors are elected and qualified. It shall be the duty of said tax assessors to assess the taxable real estate of said city, and receive the returns of personal property, under oath of the tax-payer, and perform such other service as the said city council may, by ordinance, require to be performed in connection with said offices. It shall be the duty of said tax assessors to place a just, fair, and equitable valuation on all real estate within the incorporate limits of said city, and when the owner of personal property fails to return same for taxation, it shall be their duty to place a just, fair and equitable valuation on same, and double said valuation and enter a note of said double valuation for the information of the city clerk. The tax assessors shall give notice by publication in the newspaper in which the legal advertisements of the sheriff of said county are published, once a week for two weeks, of the time when they will begin receiving tax returns, and the time when the books for receiving same shall be closed, which said times shall be fixed by the city council. In no event shall the books for receiving same be kept open for less than thirty (30) days. Should any vacancy happen in said board of assessers by death, resignation, refusal to perform the duties of the office, removal therefrom, or

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otherwise, such vacancy shall be immediately filled by the city council. Before entering upon the duties of the office, each of said assessors shall take and subscribe before some officer authorized to administer oaths by the laws of this State, the following oath of office: I do solemnly swear that I will faithfully perform the duties of tax assessors of the city of Monticello, and will make a just and true valuation of all property subject to taxation in said city, according to its actual market value, so help me God. Two of said assessors shall constitute a quorum for the transaction of business, and any one of said assessors may administer the oath to be made by the taxpayer in his return of personal property for taxation. Tax assessors. Oath of. Sec. 23. Be it further enacted by the authority aforesaid, That said assessors may hear, during the progress of their investigation, such evidence as the value of any property in said city as they may deem advisable; and if, after the publication of the notice of their intention to receive returns and assess property, as provided for in section 22 of this Act, any taxpayer gives notice to said assessors in writing that he or she desires to submit evidence relative to the value of his or her property liable to assessment, it shall be the duty of said assessors to appoint a time and place to hear such evidence, and hear same before assessing said property; provided, that the taxpayer is present and submits his evidence at the time and place appointed; but if he be not present, either personally or by agent, or attorney, said assessors shall proceed to assess the value of said property with or without hearing evidence, as they may determine. If any person be disatisfied with the valuation of his property as fixed by the assessors, he shall have the right to appeal to the city council. Said appeal shall be entered within four days from the date upon which the written or printed notice hereinafter provided for has been mailed by the clerk. Upon filing said appeal with the clerk of said city, it shall be the duty of the mayor to fix a day upon which a hearing shall be had to give the appellant three (3) days' notice in writing of said hearing. Notice to the agent or attorney at law of said appellant shall be sufficient. At said hearing said city council shall hear all legal and competent evidence, pass upon same and render their decision accordingly, and from this decision there shall be no appeal. Tax returns and assessments. Appeals to city council. Sec. 24. Be it further enacted by the authority aforesaid, That in the event the said assessors are not satisfied with the return of personal property for taxation, made by any taxpayer, they shall transmit said return to the city council, noting thereon, or annexed thereto, the grounds of their dissatisfaction, and upon the filing of

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this return with the clerk, it shall be the duty of the mayor to notify the taxpayer that his return of personal property for taxation has been excepted to by the city assessors, and fix a day upon which a hearing will be had; said notice shall be in writing, and shall be given at least three days before the time of said hearing. Notice to the agent or attorney at law of said taxpayer shall be sufficient. At said hearing said city council shall hear all legal and competent evidence, and render their decision assessing and fixing the valuation of said personal property, and from that decision there shall be no appeal. Exceptions by assessors to tax returns. Sec. 25. Be it further enacted by the authority aforesaid, That immediately after the city assessors have finished assessing the value of the taxable real estate of said city, and receiving the returns of personal property, they shall file a report of their actions with the clerk of the city, and immediately after such report is filed it shall be the duty of said clerk to mail a written or printed notice to every person, setting out the valuation of his taxable real estate in said city, as assessed by the city assessors, specifying, as near as practicable, the valuation assessed for each tract or parcel of land. All the returns of personal property under oath shall, as fast as made, be transmitted by said city assessors to the city clerk, and it shall be the duty of said clerk to prepare a tax digest, which shall contain the valuation of the taxable property, both real and personal, as the same has been determined under the provisions of this charter; noting upon said digest the property double taxed. The city council may, by ordinance. fix the time when said digest is to be completed by the city clerk, and said city council may, upon proper cause shown, relieve any taxpayer of the double taxation entered against him. Report of assessors. Returns of personal property. Sec. 26. Be it further enacted by the authority aforesaid, That the mayor of said city shall see that all the laws, ordinances and resolutions of said city are faithfully enforced and executed, and that all the officers of said city shall faithfully discharge the duties required of them; he shall have general jurisdiction and supervision of the affairs of the city; he may exercise within the city the power conferred upon constables and sheriffs to suppress disorder and keep the peace; he shall have the power, when necessary, to call on every male inhabitant of said city over 18 years old to aid in suppressing riot or disorderly assemblages of any kind, or to aid in enforcing the laws and ordinances of said city; he shall have the power to inspect the books and papers of any agent, employee, or officer of said city; he shall, from time to time, and especially at the end of each official year, give the city council information relative

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to the affairs of said city; and he shall recommend for the consideration of the council such measures as he may deem fit. Mayor, powers of. Sec. 27. Be it further enacted by the authority aforesaid, That the mayor, or in his absence or disqualification, the mayor pro tem., or in case of the absence or disqualification of both the mayor and mayor pro tem., any member of the city council, may hold a court to be called the mayor's court, for the trial of all offenders against the laws and ordinances of said city, as often as may be necessary. Said court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used as evidence, and punish for contempt. The punishment for any violation of a city law, ordinance, or rule, or for contempt, shall be a fine not exceeding two hundred dollars ($200.00), imprisonment in the city guard-house, or in the county jail, by permission of the county authorities, for a period not exceeding ninety (90) days' work on the street chain-gang, or such other places where the offender may be lawfully placed at work under the provisions of this charter, for a period not exceeding ninety (90) days, one or more, or all of these punishments, at the discretion of the trial court. Any person convicted before the mayor, mayor pro tem., or any member of the city council, for any violation of the laws or ordinances of said city, may enter an appeal from the judgment of said court to the city council, provided the appeal be entered instanter and bond for his appearance to abide the decision of the city council be given. Said bond to be approved by the chief of police. At such appeal, the mayor, mayor pro tem., or any member of the city council, may preside, and it shall require three votes of the council to reverse the judgment of the mayor, mayor pro tem., or member of the city council, from whose sentence and judgment the appeal is entered. In the event such sentence or judgment is reversed, the said city council may proceed to either acquit the offender or impose such sentence as they may see proper, consistent with the provisions of this charter, and in the event such sentence is affirmed there shall be no need to pronounce a a new sentence upon the offender, but the original sentence shall at once be enforced, unless suspended in accordance with the law governing certiorari from the county courts of this State in criminal cases, as set forth in the Code of the State of Georgia; the right of certiorari, in accordance with said law, being hereby given. Mayor's court. Appeals. Certiorari. Sec. 28. Be it further enacted by the authority aforesaid, That said city council 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

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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 obedience to the rules and regulations which may be prescribed. The city council 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 charter, to the county authorities of Jasper county, or any adjoining county, and shall have the right to make such charge against such county for the hire and lease of such 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. Sec. 29. Be it further enacted by the authorities aforesaid, That the mayor of said city is hereby authorized to issue warrants for the arrest of all persons charged, upon affidavits before him made, with having committed within the limits of the city of Monticello offenses against any penal law of this State, and to take the examination of such persons, and the same to discharge, or commit to prison, or let to bail, according to law, to answer such charge before the court having jurisdiction in the same manner as justices of the peace of the several counties of the State, now, or hereafter may have by law, all of which warrants shall be addressed to The Chief of Police of Monticello, Georgia, or any lawful policeman thereof, and to all and singular the sheriffs, deputy sheriffs and constables of this State, and any one of said officers shall have the same authority to execute said warrants as the sheriffs of this State have to execute criminal warrants. Warrants for arrests Sec. 30. Be it further enacted by the authority aforesaid, That if on the trial of any person before the mayor, mayor pro tem., or city council, for a violation of any ordinance or law of the city, it shall appear that such person is probably guilty of an offense against the penal laws of the State, it shall be the duty of the court trying such person to commit such person to prison, or let to bail to answer before the court having jurisdiction of same for the offense committed. Commitment or bail. Sec. 31. Be it further enacted by the authority aforesaid, That it shall be lawful for the chief of police of said city, any regular or special policeman thereof, to arrest without warrant any and all persons within the corporate limits of said city who are at the

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time of said arrest, or who before that time have been, guilty within said limits of disorderly conduct, public indecency, quarreling, fighting, or a violation of any of the laws or ordinances of said city, and to hold said person so arrested until a hearing of the matter before the proper officer can be had; and to this end said arresting officers are authorized to imprison and confine any person arrested by them, in the city guard-house, or in the common jail of Jasper county, for a reasonable length of time. Said chief of police, regular or special policeman, shall have the power and authority to call to his assistance, to arrest and detain such offenders, the sheriff of said county, or his deputies, or any constable of said county, or any bystanders, and such persons, when so summoned, shall be bound to assist and aid such officers, and should they fail to do so, they, or either of them, shall be liable to be prosecuted in the mayor's court, and upon conviction punished as prescribed in section 27 of this Act. Police duties and powers. Sec. 32. Be it further enacted by the authority aforesaid, That the chief of police, regular or special policeman, shall have the right, power and privilege (though they shall not be compelled, if it would be dangerous, to allow the prisoner to run at large) to release any person arrested within the corporate limits of said city upon said person giving a bond, to be approved by the mayor [Illegible Text] chief of police of said city, payable to the city of Monticello, conditioned to pay the said city of Monticello an amount fixed by said mayor or chief of police, and named in said bond, in the event said person arrested does not appear before the corporate authorities of the city at the time and place specified in the bond, and from time to time, till said person arrested is tried for the offense for which he or she was arrested. Appearance bonds. Sec. 33. Be it further enacted by the authority aforesaid, That if any person who has been arrested charged with a violation of any law or ordiance of said city of Monticello, and has given bond for his or her appearance before the proper corporate authorities to answer such charge, fails to appear at the time and place fixed and recited in the bond, said bond shall be declared forfeited, and a rule nisi directed to the principal and securities, shall issue, directing and requiring them to show cause before the mayor's court at a sitting of said court to be held not less than sixty days from the time of the forfeiture nisi, why the bond should not be absolutely forfeited, copies of which rule nisi shall be served upon the principal and sureties on the bond at least 20 days before the sitting of the court to which it is made returnable, either personally

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or by leaving same at the most notorious place of abode of the person upon whom service is perfected, or by publishing the same once a week for four weeks prior to the sitting of the court to which the same is made returnable, in the newspaper published in said city in which the sheriff's advertisements are published. If, at such return term, no sufficient cause be shown to the contrary, the forfeiture shall be made final and absolute, and execution shall issue against the principal and securities on said bond, or such of them as have been served, for the full amount thereof, and all cost, which shall include the cost of publication, if service by that method is used, which execution shall be signed by the clerk of the council and mayor of said city, and shall have the same lien and binding effect upon the property of the defendants therein as execution issued upon judgments in justice or superior courts of this State. Said executions shall be directed to the chief of police of the city of Monticello, and to all and singular the sheriffs, the deputy sheriffs, or constables of said State, by any one of whom the same may be executed. Appearance bonds, how forfeited. Sec. 34. Be it further enacted by the authority aforesaid, That said city council shall have the power to control the finances and property of the city; to appropriate money, and provide for the payment of the debts and expenses of the corporation. City council, powers of. Sec. 35. Be it further enacted by the authority aforesaid, That for the purpose of raising revenues to defray the ordinary current expenses incident to the support and maintenance of the city government, the said city council 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 onehalf () of one per centum, but when that amount is deemed insufficient, said city council shall have the authority to levy an additional tax in the mode and manner provided by the Constitution and the laws of the State of Georgia. Property tax. Sec. 36. Be it further enacted by the authority aforesaid, That said city council shall have power to provide for the levying and collection of a business or occupation tax upon any trade, business, profession or occupation, except such as are exempt by law, carried on within the city limits, and upon the inhabitants of said city who engage in, or offer, or attempt to engage in, any profession, trade, business or occupation in said city, and on such persons as live without the limits of said city, but who engage in, or attempt, or offer to engage in, any profession, business, trade or occupation, not exempt by law, within the limits of said city, as said city council may deem expedient for the safety, benefit, convenience, and

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advantage of said city. This tax shall be in the nature of a license, which must be paid in advance of practicing or engaging in such profession, trade, business or occupation, and said city council shall provide by ordinance for the punishment of all persons required by ordinance to pay such occupation tax, or take out license for same, who engage in, or offer, or attempt to engage in, such business, trade, profession, or occupation before paying such tax or taking out such license and complying fully with all the requirements of said city council made in reference thereto. Special taxes. Sec. 37. Be it further enacted by the authority aforesaid, That said city council shall have power and authority to levy and collect tax upon the gross sales of every merchant or other vender of goods, wares and merchandise in said city. Said tax not to exceed one-half () of one per cent. and to be in lieu of a business license. Tax on sales. Sec. 38. Be it further enacted by the authority aforesaid, That the said city council 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, shows, circuses and exhibitions of all kinds, oil-mills, ice works, laundry and water-works, electric light works, itinerant lightning-rod dealers, emigrant agents, book agents, pedders of stoves, clocks, 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, or ten-pin alley, upon the keeper of any table, device, stand, or play for the performance of any game or play, whether played with sticks, balls, rings, or other contrivances, upon balloons, 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, banks 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, pawn brokers, and upon all and every other establishment, business, trade, calling or occupation not heretofore mentioned, and which, under the laws of the State or Georgia, are subject to license. Licenses. Sec. 39. Be it further enacted by the authority aforesaid, That

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the said city council 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 said city council shall have authority to require from such person the same amount as required for a license for a full year, and in no case shall the said city council be required to prorate 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. 40. Be it further enacted by the authority aforesaid, That said city council shall have power and authority to enforce, by execution, the collection of any debt or claim due or to become due to said 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, fines, debts or demands, due, or to become due, to said city. Said executions to be issued by the clerk of the council, signed by him and the mayor of said city, directed to the chief of police of the city of Monticello, and to all and singular the sheriffs, the deputy sheriffs, and constables of this State, by any one of whom the same may be executed, and 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 the State of Georgia, 1895, sections 732, 733, 734, 735, in cases of sales for taxes. Taxes and other claims of city, how enforced. Sec. 41. Be it further enacted by the authority aforesaid, That it shall be the duty of the chief of police to levy all executions in favor of the city, and after advertising for 30 days as sheriffs' sales are advertised, he shall sell the property levied upon before the court-house door in Jasper county, on a regular sheriff's sale day, and within the legal hours of sheriff's 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 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, 1895, except that the order to sell shall be obtained from the mayor. In the event said executions are levied by any person authorized to levy and

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execute the same, and not by the chief of police, the time, place and manner of sale shall be the same as if levied by the said chief of police. Sales. Sec. 42. Be it further enacted by the authority aforesaid, That the executions issued in accordance with the power and authority conferred by section or this Act shall have the same force and binding effect as other executions for taxes; in case they are for ad valorem taxes due the city, and in case they are for other taxes, licenses, fines, forfeitures or demands due the city, shall have the same force and binding effect as executions issued from the superior courts and justice courts of this State, and may be levied by any officer to whom they are directed, upon any property in said State subject to said execution. The same right and privileges shall belong to the person against whom executions issue to file an illegality to said execution, and to any person not a party to said execution to file a claim to the property levied on and give bonds, as if said executions issued from a justice's or superior court of this State, and if the amount claimed on said executions is less than one hundred dollars, all the papers connected with said claim or illegality case shall be returned to the justice court of the district in which the city of Monticello is situated for trial, and said claim or illegality case shall be there tried as claim or illegality cases are tried by law in said court. If the amount claimed on said execution is more than one hundred dollars, or the property levied on is real estate, then all the papers in said case shall be returned to the superior court of Jasper county, should claim or illegality be filed, there to be tried as such cases are by law tried and determined in said court. In the event the real estate levied on lies in another county, and claim of illegality shall be filed, then such case shall be tried in the superior court of the county where the land is situate, as such cases are by law tried and determined in said court. In all cases, the officers making sale under said executions shall execute title to the property sold and put the purchaser in possession. Liens of executions, claims and illegalities Sec. 43. Be it further enacted by the authority aforesaid, That the said city council shall have the power and authority to provide by ordinance when the taxes of said city shall fall due, and tax executions shall be issued against all persons who have not paid their taxes by the time fixed and defined by ordinance. Taxes, when due. Sec. 44. Be it further enacted by the authority aforesaid, That the said city council shall have the power and authority to contract debts and issue bonds of said city under and in accordance with the limitations provided in the Constitution of the State, and general laws of the State applicable to municipalities, and with the funds

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arising from the sale of any bonds thus issued, may refund existing debts, establish and maintain a system of waterworks, a system of lights, a public school system, erect public buildings, or any other improvement, convenience or necessity for the use of the citizens of said city, and to create a debt and issue bonds of said city for any other lawful purpose under the limitations therein stated. Power to contract debts. Sec. 45. Be it further enacted by the authority aforesaid, That the city council of said city are authorized to purchase real estate in the said city of Monticello, and erect thereon a building in which said corporate authorities and the officers of said city may transact the public business of the city, and in which to keep the records, archives and property of said city, and a building for a city prison or guard house, and such other buildings as may be necessary or convenient for carrying on the government of said city; that said city council are authorized to levy and collect a tax upon all the property, real and personal, within the limits of said city not to exceed two-tenths of one per cent. per annum, with which to pay for said buildings, out of said taxes so levied and collected; provided, however, that the city council shall not have the right or power to levy or collect said tax until the same is submitted to and approved by two-thirds of the qualified voters of Monticello, at an election held under the same rules and regulations as other city elections, and of which notice shall be given by publishing same once a week for four weeks in the newspaper published in said city in which the sheriff publishes his advertisements. Those favoring the levying of said tax shall vote in said election, For levying tax, and those opposed to same, Against levying tax, and if two-thirds (2-3) of the qualified voters vote in said election in favor of levying said tax, then the council of said city shall be authorized to levy and collect the same. Public buildings. Elections for. Sec. 46. Be it further enacted by the authority aforesaid, That every male person between the ages of 16 and 50 years, who has resided in said city 30 days, shall be liable and subject to work on the streets and sidewalks of said city not to exceed 30 days in each year, at such time or times as the said city council may require, or to pay a commutation tax in lieu thereof not to exceed $10.00, as said city council may determine. Should any person liable to work on the streets and sidewalks of said city under this section fail or refuse to do so, or to pay the street tax in lieu of such service, after having received due notice so to do, as said city council may require, he shall be punished, on conviction in the mayor's court, by a fine not exceeding two hundred dollars ($200), imprisoned in the city guard house or county jail, by permission of the county authorities,

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not exceeding 90 days, one or more or all of these, at the discretion of the trial court, and in addition thereto such costs of the proceeding as may be incurred. [Illegible Text] work and commutation tax. Sec. 47. Be it further enacted by the authority aforesaid, That said city council be, and they are, hereby authorized to establish and maintain a system of public or common schools within said city, upon first complying with the following regulations, to-wit: Before any common or public school shall be established in said city to be maintained at the expense of said city, the mayor, upon the recommendation of the majority of the council, shall advertise an election in the gazette in which the sheriff's advertisements are printed, once a week for four weeks, to be held at the court house in said city, at which all persons qualified to vote for mayor and council of said city shall be qualified to vote, said election to be conducted in all particulars as now provided by law for elections in said city. It shall be the duty of the elector at said election to endorse on his ballot, Public schools, or No public schools, and if two-thirds of all qualified to vote at said election shall be found to have voted in favor of public schools, then, and in that event, but not otherwise, it shall be lawful for said city council to establish one or more public schools for each of the two races in said city, to be maintained in whole or in 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 (1-4) of one per cent. on the taxable property of said city; and provided still further, that in no event shall the amount appropriated to each school exceed the pro rata part of the taxes paid by the white and colored people of said city, as shown by the tax digest of said city, by which is meant that in no event shall the amount appropriated the school or schools for whites exceed the pro rata part of the taxes paid by the white people of said city, and the amount appropriated to the school or schools for colored, shall in no event exceed the pro rata part of the taxes paid by the colored people of said city. In the event two-thirds of all qualified to vote at said election shall be found to have voted in favor of public schools, the said city council are authorized and empowered to take all proper and necessary measures to maintain and operate a system of public or common schools in said city, and to this end may, for and in behalf of said city, purchase or receive by gift real estate to be used for school purposes, improve same, or erect buildings thereon, as they may deem fit and proper. Public schools. Elections for. Sec. 48. Be it further enacted by the authority aforesaid, That said city council shall have the power and authority to impose a license

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on dogs within said city in such manner and mode as said city council shall deem best; provided, in no case shall the license exceed one dollar per capita on dogs. This license may be enforced by execution against the owner of the dog, as other licenses and taxes of said city are enforced. If said license be not paid within the time required by council, the said council may, by ordinance, provide that all dogs upon which said license has not been paid be killed by some duly authorized policeman of said city. Tax on dogs. Sec. 49. Be it further enacted by the authority aforesaid, That said city council 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 and restrictions 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 ordinances as they may deem necessary for the protection of the owners of such works and shall have exclusive jurisdiction over them. Whenever said city council shall contract for water or lights for the use of said city, they may, by ordinance, limit the rates to individual consumers. They may regulate the operation of such lights 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. 50. Be it further enacted by the authority aforesaid, That the city council of said city shall have the right to condemn and appropriate, as hereinafter provided, private property for public use; to lay off and open new streets, alleys, sidewalks, lanes or other ways for the convenience of the public or any citizen of said citizens of said city; to vacate, close, alter, widen, curb, pave, and keep in good order and repair all streets, alleys, avenues, lanes, sidewalks, and to construct and keep in repair drains, sewers, and gutters; to lay off and improve public parks and grounds; to keep all public grounds, streets, sidewalks, lanes, alleys or other ways free from obstructions of any kind; to regulate the width of sidewalks and cross walks on the streets; to grade and change the grade of all strees, sidewalks, alleys, lanes, avenues or other ways; to require adjacent land owners or lessees to curb, pave, or improve sidewalks at their own expense under the direction of the authorities of said city, and upon failure of the land owners or lessees to do so, the authorities of said city

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may have such work done and collect the cost thereof from the adjacent land owners or lessees by execution, as other taxes are collected. Condemnation powers. Sec. 51. Be it further enacted by the authority aforesaid, That in all cases where the authorities of said city see proper to open any new street, or to widen any street, lane or alley, or in any way to change the same, it shall be lawful for them to have said street, lane or alley, or the proposed change in same surveyed or marked, and before proceeding to open same they shall give notice in writing to the owner of the land through which said street, lane or alley is to be opened, widened or changed twenty days, during which it shall be lawful for such owner, his agent or attorney, in case he cannot agree with said authorities as to the amount of damages, to file objections to the opening of said new street, lane or alley, or to widening or changing the old street, lane or alley, and make claim for damages which may result to such owner. In case no objection or claim for damages is filed within twenty days, it shall be lawful for the city council to proceed at once to open said street, lane or alley, or make such change in any old one agreeable to the survey made before the commencement of the proceedings, and the owner of the land through which said new street runs or such change is proposed to be made, shall be estopped thereafter from claiming any damages by reason of the opening of said new street, or changing or widening any old one. In case objections are filed and damages are claimed, it shall be the duty of the mayor of the city to select one disinterested freeholder resident in said city, and the owner or his agent shall select another, and they two a third, and in case the said owner shall refuse to select an assessor, the ordinary of Jasper county shall appoint one for him, on application to him reciting said fact by the mayor of said city, and the three assessors so chosen, after 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 the right to appeal from same to a jury in the superior court of Jasper county, under the law governing appeals in other cases. Streets. Sec. 52. Be it further enacted by the authority aforesaid, That the city council shall have the right and power to regulate the use of all sidewalks, cross walks and structures over or under the same; to require the owner or occupant of any premises to keep the sidewalks in front of or along the same free from obstructions of any kind; to regulate and prevent the throwing of ashes, offal, dirt, garbage or any offensive matter into any street, avenue, lane, sidewalk

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or public place within the city, or into any stream of water within the city, and to prevent any injury of any kind to any street, alley, or public grounds or public buildings of said city. Sidewalks. Sec. 53. Be it further enacted by the authority aforesaid, That the city council of said city shall have the right to provide for and regulate curbs and gutters that flow into the streets or on the sidewalks of said city; to regulate or prohibit the use of the streets and public grounds for signs, sign-posts, awnings, telegraph and telephone poles, horse-troughs, racks, and posting handbills and adveritsements; to regulate or prohibit the carrying of banners, handbills, and placards in the streets, on the sidewalks and public places of the city. Drainage and use of streets etc. Sec. 54. Be it enacted by the authority aforesaid, That the city council of said city shall have the right and power to prescribe the limits within which wooden buildings, or structures of any kind, shall not be erected, placed or repaired without the permission of said city council; to provide that any and all buildings within said limits, which shall be known as the fire limits, which shall have been damaged by fire, decay or otherwise to the extent of fifty per cent. of the value shall be torn down or removed, and to prescribe the manner of ascertaining such damage and the damage sustained by the owner by reason of being thus compelled to tear down or remove such building. In case of an offense against such fire regulations, the city council, after having given five days' notice, shall cause any building not fire-proof, and erected in violation of the ordinances of said city, to be removed at the expense of the owner or builder thereof; to be collected by execution as in cases of other execution issued by said city; and said city council shall have the right to determine what are and what are not fire-proof buildings within the meaning of said ordinances; said city council shall have the right and power to prohibit and prevent the construction of dangerous chimneys, fire-places, hearths, stoves, stove-pipes, ovens, boilers, and apparatus used about any building or manufactory, and to cause the same to be removed or placed in safe condition at the expense of the owner, when in the opinion of the city council it is necessary to do so in order to insure safety against fire. Fire limits. Sec. 55. Be it further enacted by the authority aforesaid, That said city council may exercise general supervision over all buildings of every character within the limits of the city, and whenever in the judgment of the mayor any building in said city, by reason of want of proper repairs, or defect in construction, is dangerous to the city on account of these or any other reasons, said mayor shall report the

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same to the city council 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, 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 such defect has not been remedied in accordance with said notice, it shall be lawful for the 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 in question, and said city council are of the opinion that it cannot be satisfactorily remedied, it shall be lawful for them to cause such building to be destroyed or torn down in the most expeditious manner. Said mayor and council shall not be liable in damages for exercising the power conferred by this section, unless it be shown by the party complaining that acts done were done maliciously. Dangerous buildings. Sec. 56. Be it further enacted by the authority aforesaid, That the city council 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, regulate or prohibit the keeping of hogs in said city, and shall have full authority and power to take up and impound such animals or fowls, and punish all owners of such animals or fowls who refuse to obey any ordinance passed by said city council to carry this authority into effect. Stock running at large. Sec. 57. Be it further enacted by the authority aforesaid, That in order to give effect to the foregoing section, said city council shall have authority 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 animal 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 to claim them, or where the payment of impounded fees charged, or penalties or cost is refused; to provide for the proper notice and advertising of impounded animals or fowls, and to provide for the disposition of the proceeds of the sale of impounded animals or fowls, and to provide for the punishment of all persons who, without authority, break or enter the pound. Pounds. Sec. 58. Be it further enacted by the authority aforesaid, That the city council of said city shall have the right and power to provide

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for the inspection of steam boilers, to regulate or prevent the storage of gunpowder, tar, pitch, rosin, coal oil, benzine, naphtha, turpentine, hemp, cotton, petroleum, nitroglycerine, dynamite, and any other combustible or explosive substance or material within the limits of said city; to regulate or prohibit the use of lights in stables, shops or other places, and the building of bonfires; also to regulate or prevent the use of fire-works, fire-crackers, torpedoes, Roman candles, sky-rockets, and other pyrotechnic displays. Explosives Sec. 59. Be it further enacted by the authority aforesaid, That said city council shall have power to summarily and forcibly remove at any time, and without notice to any one, any and all obstructions of any character whatever, from the streets, sidewalks, alleys and commons of said city. They shall have power to prevent tramps, street-walkers, vagrants, loiterers, idle persons, and lewd females from walking the streets and sidewalks of said city, and may punish them in their discretion by any punishment authorized by this Act. And 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, house, 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 spirituous or intoxicating liquors are sold in violation of law, or as a place where gambling or other immoral and illegal and disorderly practices are carried on, said mayor may order the chief of police of said city, or any regular or special policeman thereof, to enter said building, house, room, building or cellar, by force, if necessary, and arrest the occupants thereof and bring them before the said mayor to be dealt with according to law. Police powers. Sec. 60. Be it further enacted by the authority aforesaid, That the city council of said city shall have the power and right to regulate traffic and sales upon the streets and public places of said city; to regulate the speed of horses or other animals, vehicles, bicycles, or other means of locomotion, cars and locomotives within the limits of said city; to suppress rowdy or disorderly houses, houses of ill-fame, houses of assignation within the limits of the said city, and to prohibit the sale or exhibition of any obscene or immoral publications, prints, pictures or illustrations. Police powers. Sec. 61. Be it further enacted by the authority aforesaid, That the city council of said city shall have the right and power to declare what shall be a nuisance, and to abate the same, and to provide for the punishment of persons who may create, continue or suffer nuisances to exist; to prevent the establishment of any unwholesome or offensive business or establishments within the limits of said city; to compel the owner of any cellar, stable, pig-sty, privy,

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sewer, or any other unwholesome or nauseous house or place to cleanse, abate or remove the same, and to regulate the locations thereof; to prevent and prohibit the storage or keeping for any illegal purpose within the limits of said city, wine, beer, malt, alcoholic or intoxicating liquors of any kind, and to punish any person for violating the said laws or ordinances relating thereto. Nuisances. Sec. 62. Be it further enacted by the authority aforesaid, That the city council of said city shall have the right and power to enact ordinances for the purpose of preventing the spread of contagious diseases, and to declare and enforce quarentine against such diseases, and to punish any violation or infringement of the quarentine rules and regulations of said city. The said city council of said city shall also have the power and right to establish, build and maintain hospitals or pest houses within the limits of said city, or outside those limits, as they may determine, and for this purpose they are authorized to buy, hold, possess, and receive real estate outside the limits of said city, and to condemn, if it cannot be bought, real estate within the limits of said city to be used for these purposes, the condemnation proceedings being had and done in the same manner and by the same rules as provided in section 51 of this Act for condemning land for streets, ways and so forth. The said city council shall also have the power to compel the removal to the smallpox hospital or pest house of any person or persons who shall have smallpox within the limits of said city and who do not provide their premises with sufficient guards to completely quarentine them; but even when the premises on which said person may be who shall have the smallpox shall be sufficiently guarded, it shall still be within the power of said city council, when it is deemed necessary and safest, to remove said person to the hospital or pest house. The said city council shall also have the power and authority to declare by resolution that vaccination shall be compulsory upon all persons residing within the limits of said city, and upon all persons who may be worikng or sojourning in said city, whether they be permanent residents or not of said city; the said city council may purchase vaccine points, employ physicians to perform the vaccination, and provide in said resolution the time within which all persons as above referred to shall be vaccinated, and give notice of the place and persons who will perform the vaccination for and on behalf of said city, without charge to the individual; and any person failing or refusing to be vaccinated within the time required in said resolution, either by the physician appointed by the city to perform such vaccination, or by some other competent person, shall upon conviction be punished

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as the said council may by ordinance prescribe, consistent with the provisions of this Act. Sanitation and quarantine Sec. 63. Be it further enacted by the authority aforesaid, That said city council shall have 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. 64. Be it further enacted by the authority aforesaid, That said city council shall have power and authority to offer and pay suitable rewards for the detection, prosecution and conviction of persons committing, within the limits of the said city, crimes against either the laws of the State of Georgia or against the rules, regulations, and ordinances of said city of Monticello. Rewards. Sec. 65. Be it further enacted by the authority aforesaid, That to carry into effect the powers conferred upon said city council by this Act, or any future Acts of the legislature of this State, and for the preservation of peace, good order, temperance and morality in said city, the city council shall have the power and authority to make and pass all needful by-laws, ordinances, resolutions, rules and regulations not contrary to the Constitution and laws of this State. General powers. Sec. 66. Be it further enacted by the authority aforesaid, That all legal contracts heretofore entered into by the town of Monticello, or the corporate authorities thereof, shall be good and valid for or against the city of Monticello to the same extent that they would have been good or valid for or against the town of Monticello had this Act not been passed. All the rights and liabilities of the town of Monticello shall accrue and survive to and against the city of Monticello. All property and the right thereof now held and owned by the town of Monticello shall be and become the right and property of the city of Monticello. Contracts. Sec. 67. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 18, 1901.

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MOULTRIE, CITY OF, NEW CHARTER FOR. No. 216. An Act to create a new charter for the city of Moultrie, in the county of Colquitt, 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 inhabitants of the territory now embraced in the corporate limits of the city of Moultrie, Colquitt county, Georgia, be, and they are hereby incorporated under the name and style of the city of Moultrie, and by that name shall be and are hereby invested with all the rights, powers and privileges incident to municipal corporations in said State, and all the rights, powers, titles, property, easements and hereditaments now belonging or in anyway appertaining to said city of Moultrie, as hereinbefore incorporated, shall be and are hereby vested in the city of Moultrie incorporated by this Act. And the said city of Moultrie, 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 United States. And the said city of Moultrie shall be able, in law, to purchase, hold, receive, enjoy, possess and retain in perpetuity, or for any terms of years, any estate or estates, real or personal, lands, tenements and hereditaments of whatever kind or nature whatsoever, within the limits or without the limits of said city, for corporate purposes. Said city of Moultrie, created by this Act, is hereby made responsible as a corporate body for all the legal debts, liabilities and undertakings of said city of Moultrie as heretofore incorporated. Moultrie, city of incorporated Corporate name and powers. Sec. 2. Be it further enacted, That the government of said city shall be vested in a mayor and five aldermen; the present mayor and aldermen of the city of Moultrie shall continue in office until the expiration of the terms for which they were elected, and until their successors are elected and qualified, and they and their successors and associates shall have and exercise all the rights, powers and duties hereby conferred on the mayor and aldermen of said city of Moultrie, created by this Act. Mayor and aldermen. Sec. 3. Be it further enacted, That the corporate limits of said city of Moultrie shall be the same as heretofore incorporated, and

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as shown by the city mapthat is, the corporate limits of said city of Moultrie shall extend north, south, west and east, starting at the center of the court house square, and running in each of said directions three-quarters (3-4) of a mile. Corporate limits. Sec. 4. Be it further enacted, That on the first Monday in October, 1902, and biennially thereafter, there shall be held an election for three (3) aldermen, who shall serve two years, and until their successors are elected and qualified. On the first Monday in October, 1903, and biennially thereafter, there shall likewise be held an election for mayor and two aldermen, who shall likewise serve two years, and until their successors are elected and qualified. Elections. Sec. 5. 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 Moultrie, 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 officer qualified to administer an oath, 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, or some other place previously provided by the mayor and aldermen, and the voting shall be by ballots. The polls shall open at half past seven a. m. and close at five p. m. o'clock, standard time. The persons 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. Election managers. Oath of. Sec. 6. Be it further enacted, That the said managers shall certify two lists of voters and two sheets, and shall place one list of said voters and one of said tally sheets in the ballot box, together with the ballots cast at said election, and seal the same, and shall forth-with deliver the same to the ordinary of Colquitt county. The other tally sheet and list of voters, together with certificate showing the results of said election, signed by said managers, shall be placed in a package and sealed, and forth with 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 three days after said election, deliver said package to said mayor and aldermen, who shall

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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 decided. If the result of any election held in said city is contested, notice of such contest shall be filed with the ordinary of Colquitt county within three days after said 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 receive the same, cause a copy of said notice to be served by the sheriff of said county, or his deputy, on the contestee, 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 publish one time in the official organ of said city, or if there be no official organ, then the notice to be published one time in a newspaper published in said city. Said ordinary shall fix the time of hearing the contest, which shall not be later than ten (10) 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 of Colquitt county. Said ordinary is authorized to hear and determine contests, and the losing party shall pay all costs, for which said ordinary is authorized to give judgment and issue execution. Lists of voters and tally-sheets. Contests. Sec. 7. Be it further enacted, That no person shall be eligible to the office of mayor or aldermen of said city unless he be a citizen of said city, and of the age of twenty-one (21) years, and has resided in said city one year prior to said election, and shall have paid all taxes required of him by the laws of said State and by said city of Moultrie. Mayor and aldermen, eligibility. Sec. 8. Be it further enacted, That all persons residents of said city, and who are qualified to vote for members of the General Assembly of this State, and who have paid all taxes required of them by the laws of said State and the ordinances of said city, and who have registered according to the laws of said city, shall be qualified to vote in all election of said city. Voters. Sec. 9. Be it further enacted, That before entering on their duties the persons elected as mayor and aldermen shall appear at the council chamber of said city and take and subscribe before some officer authorized to administer an oath, or one of the retiring aldermen, or the retiring mayor of said city, the following oath: I do solemnly swear that I will perform the duties of mayor (or aldermen,

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as the case may be) of the city of Moultrie to the best of my skill and ability, and as to me shall seem to be to the best interest and welfare of the city of Moultrie, without fear, favor, affection, so help me God. And shall forthwith enter upon the discharge of the duties of his office. Mayor and aldermen, oath of. Sec. 10. Be it further enacted, That at the first meetings of the mayor and aldermen after their election, they shall elect a marshal, clerk and treasurer, provided that the clerk and treasurer may be the same person, if thought advisable by said mayor and aldermen. They may further elect a city attorney, city physician, superintendent of the water works and electric light plant, and such other officers as to them may seem necessary and proper. Each of such officers shall, before entering on the discharge of their duties, take an oath to faithfully discharge said duties, such oath to be prescribed by said mayor and aldermen. Such officers to receive such salary and to give such bonds as the mayor and aldermen may prescribe. Officers. Sec. 11. 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 laws governing sheriff's sales in this State. He shall have the same power to place purchasers in possession as have sheriffs of this State. No person shall be eligible to the office of marshal, clerk or city attorney, who is not a qualified voter of the State and county. Marshal, duties and powers. Sec. 12. Be it further enacted, That the mayor of said city shall be the chief executive of said city of Moultrie; 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 shall faithfully perform the duties required of them. He shall have general supervision and jurisdiction over 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 on any question in case of a tie vote, except in such cases as he is disqualified by interest or otherwise. In order to pass any ordinances or resolution, it shall require the favorable vote of three aldermen, or the favorable vote of two aldermen and the mayor, the mayor voting only in case of a tie. Mayor, duties and powers. Sec. 13. Be it further enacted, That there shall be a mayor's court in said city for the trial of all offenders against the laws or ordinances of said city, to be held by the mayor in the council chamber of said city as often as may be necessary. In the absence or disqualification of the mayor, the mayor pro tem. shall hold said

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court, and in the absence or disqualification of both 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 to 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 of any offender against the penal ordinances of the city, to sentence such offender to labor upon the streets or chaingang of said city, or be confined in the guardhouse of said city for a term not exceeding fifty days, or pay a fine of one hundred dollars. Either one or more of said penalties may be imposed in the discretion of the mayor. Mayor's court. Sec. 14. Be it further enacted, That any person convicted in the mayor's court may appeal to the city council, who shall hear the case anew, and shall by a majority vote acquit the appellant or sentence him, or fine him, in their discretion, not exceeding the terms and amounts fixed in section 40 of this charter. The person so convicted may, if he sees fit, certiorari said cause either before or after appeal to the city council. Appeals. Certiorari. Sec. 15. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the city government, the mayor and aldermen of said city shall have full power and authority, and shall prescribe by ordinance for the assessment and collection of an ad valorem tax on real estate and personal property within the corporate limits of said city, which is subject to taxation according to the laws of the State, said tax not to exceed one per cent. upon the value of said property for ordinary current expenses. And for the maintenance and support of the public schools the mayor and aldermen may levy and collect a tax upon said property not exceeding one-fifth (1-5) 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. Property tax. Sec. 16. Be it further enacted, That the mayor and aldermen of said city shall have full power and authority to require any person, firm, company or corporation engaged in or carrying on, or who may engage in or carry on, prosecute or have any trade, business, calling, vocation, profession or avocation, within the corporate limits of said city, to register their names and business, calling, vocation, profession or avocation, before beginning or carrying on said business, calling, vocation, profession, or avocation, and require such person, firm, company or corporation to pay such fee for said registration as said mayor and aldermen may prescribe. Said mayor and aldermen shall have the right and power to prescribe, by ordinance,

Page 596

such penalty or penalties for the violation of this section as they may see proper, not exceeding the punishment as prescribed in section 40 of this charter. Registration fee. Sec. 17. Be it further enacted, That said mayor and aldermen shall have the power to classify and arrange the various business, trades, callings, vocation, professions and avocations carried on in said city into such classes for taxation as they may see fit. The said mayor and aldermen may, if they see fit, collect the amount that may be due said city for special licenses or special taxes in the same manner as other taxes are collected; this is additional to assessing the penalty as above prescribed in section 16. Special taxes. Sec. 18. Be it further enacted, That the mayor and aldermen shall have the full power to regulate and control the sale of ardent spirits within the corporate limits of said city, and at their discretion to license to sell, or to withhold the same, and to fix the price to be paid for license at any sum they may see proper. Sale of liquors. Sec. 19. Be it further enacted, That the mayor and aldermen shall have full power and authority to license billiard tables, tenpin alleys, and all like contrivances, and pool tables kept and used in said city. Billard tables, etc Sec. 20. Be it further enacted, That the mayor and aldermen shall have full power and authority to pass such ordinances as they may think proper in regard to granting or not granting licenses to theatrical companies or performances, or for shows or other exhibitions, and prescribe what amounts shall be paid for such licenses. Theatres, shows, etc. Sec. 21. Be it further enacted, That the mayor and aldermen shall have full and complete control of and authority over the streets, alleys and sidewalks of the 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, sidewalks or alleys, and grading the streets, sidewalks or alleys of the city; and whenever the 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 or control of the owner, trustee, executor, administrator, agent, guardian, or other person in the following manner: The mayor and aldermen shall appoint a free-holder, resident of said city, who shall act for and in behalf of the city, and shall cause to be given to the owner or holder of the land sought to be condemned five days' written notice of the time and place where the condemnation proceedings shall take place; said owner or holder of said land shall be allowed to appoint one free-holder, resident of said city, to act for him in said condemnation

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proceedings; these two may appoint a third resident freeholder of said city to act as umpire, and in case they cannot agree on an umpire, the mayor of the city shall appoint an umpire to act. In case the owner or holder of such real estate fails or refuses to appoint a freeholder, resident of said city, to act in his behalf, then the mayor shall appoint two additional freeholders, residents of said city, to act with the one chosen and selected by the mayor and aldermen as above stated. The assessors chosen shall proceed at once to assess the damages to such property, a majority of the assessors governing in all matters. Said assessors shall make out their findings and award, stating precisely what property is to be taken, and estimated damages due therefor, and file the same with the clerk of the superior court of Colquitt county, Georgia, within three days after the conclusion of their findings. In all cases where property sought to be condemned belongs to a railroad or other corporation, the notice to condemn may be served on the nearest agent of such railroad or corporation. The costs of such proceedings shall be borne equally by the city and the owner or holder of the property sought to be condemned. Either of the parties shall have the right, within ten days after the filing of said award, to enter an appeal to the superior court of said Colquitt county, Georgia, which appeal may be entered by the clerk of the superior court of Colquitt county by the party appealing, complying with the laws of the State relative to appeals in condemnation cases. The city shall be privileged to use the property so condemned by first paying the party the amount assessed by the assessors for damages, or leaving such amount with the clerk of the superior court of Colquitt county, and the appeal shall then not serve to delay the city in the use of the property. The amount, or so much thereof as the jury on the trial of the appeal may find, shall be returned to the city by the owner or holder of said property. The city of Moultrie shall have the right at any time, before entering an appeal, to abandon the proceedings to condemn, or after an appeal entered on paying all the costs to the time of such abandonment. Each of such assessors shall be paid the sum of two ($2.00) dollars per day, to be paid by said city. Streets. Condemnation. Sec. 22. Be it further enacted, That the mayor and aldermen shall have the right and power to make an assessment on the various lots of land in said city for sanitary purposes, not to exceed two dollars per year on each lot so assessed, and said mayor and aldermen are hereby empowered to collect the same by execution against the lot so assessed, and the owner thereof; the amount so assessed shall be a lien on the lot so assessed from the date of the assessment.

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The execution may be issued and enforced in the same manner that tax executions of said city are issued and enforced. The amount so raised shall be used for sanitary purposes only. Said mayor and aldermen shall have the 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; and provided the assessment made under this section shall not be made on vacant lots; and provided further, that residence lots shall not be subdivided. Assessment for sanitary purposes. Sec. 23. Be it further enacted, That the mayor and aldermen of said city shall have full power and authority, in their discretion, to pave, or otherwise permanently improve any of the sidewalks of said city, with whatever material they may think best, and in any manner they may see fit. That in order to carry into effect this section they may assess any part or all of the cost of improving such sidewalks or streets, including all necessary curbing and other expenses therewith connected, on the land abutting the sidewalk so paved or improved; and the mayor and aldermen are hereby authorized and empowered to pass all necessary ordinances to carry out the provisions of this section; provided, this section shall not apply to the sidewalks and streets outside of the fire limits of said city, unless a majority of the property owners along said street shall petition the mayor and aldermen to enforce said section as to that street or part thereof, in which event they shall have the power to do so. Assessments for street improvements. Sec. 24. Be it further enacted, That the 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 lights 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 and remove anything which may cause impurity or unhealthfulness of the water of said water-works. Light and water, protection of. Sec. 25. Be it further enacted, That the mayor and aldermen shall have full power and authority to make rules and regulations concerning the introduction of water into any premises, and from time to time regulate the same; they shall have the right to examine the surface pipes, sinks, stop-cocks and other apparatus connected with said water-works; and if any person refuse to allow such examination on his or her premises, they shall be punished as may be prescribed by ordinance of said mayor and aldermen. Regulations as to water supply. Sec. 26. Be it further enacted, That the mayor and aldermen shall have full power and authority to require the owner of any

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improved lot in said city to provide suitable privy or water-closet accommodations on said lot, wherever in their judgment such are necessary. The mayor and aldermen shall have the authority to condemn and forthwith prevent any one using any privy or watercloset in said city, that they may deem against the healthfulness of the city, or deleterious to the proper sanitary condition of said city. The mayor and aldermen are authorized to enforce this section by ordinances prescribing penalties for the refusal of any one violating the same. The mayor and aldermen may condemn any water-closet or privy, and order the owner to remove the same, and if, after three days' notice, the owner has not complied with such order, the marshal shall remove same at the cost of such owner. The amount to be collected from said owner as taxes are collected. Sanitation Sec. 27. Be it further enacted, That the mayor and aldermen shall have full power and authority to make rules and regulations, and pass all ordinances they may deem necessary regulating the furnishing of electric lights in residences, stores, manufacturing enterprises, and other places, by the electric light plant of said city, and for the protection of the lamps and other fixtures and appurtanances of said electric light plant. The mayor and aldermen shall have the right and power to regulate the charges that may be made for the use of light from the said electric light plant and water from the water-works of said city. Electric lights. Sec. 28. Be it further enacted, That the mayor and aldermen of said city shall have full power and authority to lay out a fire district in said city, and from time to time enlarge, change or make smaller the same, as to them may seem meet and proper; to prescribe when and how, and of what material, any building or structure may be built in said fire limits; to prescribe of what material the roof may be made, how thick, and how high the walls shall be, how thick, and of what material, and how high the chimneys or flues shall be made, and generally to do all things that may be necessary to prevent fires in said fire district. They shall have authority to require all persons whomsoever to submit to them for approval all plans and specifications of all buildings or structures before same are commenced to be erected or built within said fire limits, and by appropriate ordinances prescribe penalties for the failure so to do. They shall have power to order any building to be so arranged as to make it more safe from fire, and they shall have the right to change, remove or repair any chimney or flue within said fire limits that may endanger the property of another, and to assess the cost of the same against such owner. Fire limits. Sec. 29. Be it further enacted by the authority aforesaid, That

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the mayor and aldermen shall be authorized to provide by suitable resolution, ordinance, or otherwise, suitable regulations for the drainage, sewerage, plumbing, and all that may be needful for improved sanitation, and provide means and agencies for the carrying out and enforcement of the same through the proper officers, and make all necessary inspections; to withhold licenses 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. Sec. 30. 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 damages done to private property thereby shall be ascertained and paid. The manner of ascertaining the damage shall be the same made as in cases of opening streets and alleys, as set forth in section 21 of this Act. Sewers. Sec. 31. Be it further enacted, That any and all persons 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 April the first to June first, of each year, to the clerk of said city, or other officer authorized to receive tax returns for said city. The mayor and aldermen of said city shall 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 description, subject to taxation under the laws of this State; and each taxpayer and property owner of said city shall fill out said schedule, entering thereon all the property owned or held in any capacity by said taxpayer, of every kind and description, both real and personal, including money, notes and accounts, choses in action, mortgages, bonds, and stock of all kinds, not by law exempt from taxation. The full face value of all notes, accounts, mortgages, crop liens, stock, 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 solvent or insolvent, and with the estimated value of all such notes, accounts, mortgages, stocks and bonds, and other investments and securities. Printed on each blank shall be the following oath, which the person making the return shall subscribe before the officer to whom said returns are made, or before some officer of this State qualified

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to administer an oath, 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 in any capacity whatsoever on the first day of April of the present year, subject to taxation in the city of Moultrie, including money on hand, notes, accounts, mortgages, choses in action, stocks, bonds, and other investments and securities, so help me God. Said tax returns shall, by the city clerk or other officer receiving them, be delivered, or caused to be delivered, to the city tax assessors hereinafter provided for, when they meet to make their assessment. Tax returns. Sec. 32. Be it further enacted, That said mayor and aldermen shall, at the first meeting after the close of the tax books in the year 1902, elect three (3) intelligent, upright, discreet citizens of said city, as city tax assessors, one of which 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 first regular meeting yearly thereafter, immediately after the close of the tax books of said city, said mayor and aldermen shall elect a city tax assessor for the term of three years. In case of a vacancy on said board, said mayor and aldermen may cause said vacancy to be filled by election at any time. In case said election for such assessor or assessors do not occur at the prescribed time, said mayor and aldermen may elect said assessors at any time subsequent to said time. Said city tax assessors may at any time be moved from office by the mayor and aldermen for any 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 the real estate and personal property 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 value of the real estate or personal property 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 their work within thirty days after the tax returns are turned over to them; provided, that the mayor and aldermen may, if they see fit, extend the time in which said tax assessors shall have to make their returns. When said returns are made, said assessors shall appoint a time and place for hearing objections to their assessments, and the clerk of said city shall give notice to each party whose tax returns have been raised, ten days before the said hearing, stating the time of hearing and the increase so made by said assessors. This notice may be served personally on said taxpayer by the marshal or policeman of said city, or mailed to said person to his

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last known address, with postage prepaid. 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 tax defaulters. The city tax assessors shall take such oath and receive such pay as the mayor and aldermen may prescribe. Said city assessors shall have power to require said taxpayer 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; the mayor and aldermen may prescribe penalties for such person so refusing to furnish such list when so required by said tax assessors, said punishment not to exceed fifty days in the guardhouse, or on the city chain-gang, or a fine of one hundred dollars; any one or all of these may be assessed against such offenders. Tax assessors. Sec. 33. Be it further enacted, That the mayor and aldermen shall have the power to fill any vacancy that may occur in any office under election or appointment of said mayor and aldermen. Should any vacancy occur in the office of mayor or aldermen, the remaining board of mayor and aldermen may fill said vacancy by electing any citizen of said city qualified to hold the office to such vacancy. Said officer so elected shall hold said office until the next regular election for mayor and aldermen, when his successor shall be elected to fill out such unexpired term, as prescribed by sections 4 and 5 of this Act. Vacancies. Sec. 34. Be it further enacted, That the offices of the city clerk and treasurer may be held by the same person. It shall be the duty of the clerk to receive the tax returns, collect the taxes, licenses and business taxes, and special taxes, or licenses, fines and assessments made by the mayor or aldermen. It shall be the duty of the treasurer to keep the different funds separate, make written monthly reports of the state of the different funds on hand, and condition of the treasury. It shall be the further duty of the clerk to attend all meetings of the board of mayor and aldermen; to attend the mayor's court, to keep a correct docket of the mayor's court, which docket shall show the disposition made of each case tried by said mayor's court. City clerk and treasurer. Sec. 35. Be it further enacted, That the mayor and aldermen shall have power to require of parties and witnesses such bonds as may insure their appearance, and to pass all ordinances necessary to carry this section into effect. They shall further have the right to forfeit and collect said bonds in the same manner as bonds are now forfeited in the State courts. Appearance bonds. Sec. 36. Be it further enacted, That the mayor and aldermen

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shall be empowered and authorized, through a committee or by themselves, in their discretion, whenever they may deem necessary, to examine into the working of, and business of, any officer, or conduct of any officer, and said committee, or the mayor and aldermen conducting said examination, shall have power to send for such persons and papers, and compel the attendance of persons so summoned, swear witnesses, compel the production of such papers and all disclosures pertinent to such investigation. Officers, subject to investigation. Sec. 37. Be it further enacted, That the mayor and aldermen shall have the power to establish a fee bill for the officers of said city; said fees may be collected and turned into the treasury of said city, or may be paid to the officers so earning said fees, as the mayor and aldermen shall, by ordinance, direct. Fees. Sec. 38. Be it further enacted, That all warrants, executions, precepts, or other processes, issued by the mayor or clerk of said city, shall be directed to the marshal and all and singular the policemen of said city of Moultrie. Warrants, etc. Sec. 39. Be it further enacted, That the mayor and aldermen shall have full power and authority to pass all by-laws and ordinances respecting public buildings and grounds, work houses, public houses, carriages, hacks, 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 tranquility 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, happiness, order and good government of said city. General powers. Sec. 40. 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 imprisonment in the guard-house of said city, or work on the chain-gang of said city, for a term not exceeding fifty days, or a fine of not exceeding one hundred dollars; the officer trying said offender may, on conviction of said offender, impose any one or all of said penalties. If the offender sentenced to work in the chain gang of said city shall refuse to work, then the person having charge of said chain-gang may, under the direct supervision of the mayor, administer to such convict corporal punishment sufficient to force said convict to so work. Penal powers. Sec. 41. Be it further enacted, That the mayor and each aldermen shall, to all intents and purposes, be a justice of the peace, so far

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as to enable them to issue warrants for offenses committed in the city of Moultrie, and they shall have the right to commit to the jail of Colquitt county, or admit to bail (provided the offense be bailable) for any violation of the State laws. The jailer of Colquitt county is hereby required to receive all such persons so delivered to him by said authorities, and keep them as he does other persons committed to him. Mayor and aldermen, ex officio justices of the peace. Sec. 42. Be it further enacted, That the mayor and aldermen have the right to revoke at any time any license that may be granted by them under the provisions of this charter for the violation of the laws and regulations granting same, or when it shall to them appear that it is to the best interest of the city so to do. Revocation of license. Sec. 43. Be it further enacted, That the mayor and aldermen shall have the right and power to levy a tax of one-fourth of one per cent. on all the taxable property in said city in case of an emergency, to be judged of by them, said levy to be added to the ordinary tax and collected in the same manner and used for the same purposes. Emergency tax. Sec. 44. Be it further enacted, That the mayor and aldermen may, at any time they see fit, elect a recorder who shall have charge of the police courts of said city, and in case said recorder's court be established, said recorder so elected shall have all the power of the mayor so far as trying offenders against the penal ordinances is concerned, and enforcing the penalties so prescribed. Said recorder to receive such compensation as the mayor and aldermen may, by proper ordinance, prescribe. Provided further, that the clerk of said city shall be eligible to the office of recorder. Recorder. Sec. 45. Be it further enacted, That the mayor and eldermen shall have the authority to grant franchises, by proper ordinances, to any electric light company, telephone company, street railroad company, sewerage company, water works company, or other like utilities, or to grant same to any person or corporation under such restrictions and for such times as they may see fit, not to exceed forty years from the date of the granting of the franchise. Franchises. Sec. 46. Be it further enacted, That the mayor and aldermen of said city shall have the right to pass ordinances and the power to enforce same to take up and impound any horse, mule, asses, cows, hogs, goats, sheep, or other animals running at large in said city, and to make and enforce all ordinances that may be necessary for the regulation and control of such animals in said city, and they shall have the power to levy a tax on each dog in said city, not to exceed one dollar per year, and to enforce said tax as other taxes are enforced; in addition to which they shall have the right to pass

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ordinances ordering the police officers of said city to impound or kill all dogs for which the tax be not paid. Stock running at large. Dogs. Sec. 47. Be it further enacted, That the accusation preferred against any offender may be in the following form, to-wit: State of Georgia, city of Moultrie: I, , charge and accuse with the offense of (stating the offense fully) contrary to the laws of said city of Moultrie. Which offense was committed in said city of Moultrie on the day of, 19. This may be signed by the marshal or any policeman, or by any party desiring the alleged offense inquired into. A substantial compliance with the above accusation as to form and substance shall be sufficient. A copy of said charges shall be delivered to said accused on his demanding the same. He shall be considered to have waived copy of such charge unless he demands same. Accusation. Sec. 48. Be it further enacted, That the mayor and aldermen shall have the right to elect three citizens of said city to constitute a board of health, and said mayor and aldermen shall have the right to carry out the recommendations of said board of health by proper ordinances, rules and regulations. Board of health. Sec. 49. Be it further enacted, That the mayor and aldermen shall have the right to establish a chaingang for said city for the purpose of working the streets, drains or any other work with the convicts of said city. And in case any person escapes, or attempts to escape from said chaingang, charges shall be preferred against him, and he may be tried in the municipal court for said offense, and on conviction thereof the mayor may sentence said offender as prescribed by section 40 of this Act. Chaingang. Sec. 50. Be it further enacted, That it shall be the duty of the clerk of said city council to keep open at his office a book for the registration of voters, alphabetically arranged, in which book all qualified voters of said city may register at any time up to the closing of said book ten days prior to each election. Said book shall be closed ten days immediately preceding each election, after which time no one shall be allowed to register until after said election. At all other times said book shall be opened for registration of voters. No one shall vote in any election unless he has registered in said registration book within twelve months preceding said election. Before registering his name, as aforesaid, each person shall take the following oath, which oath may be written or printed at the beginning of said registration book, or at the top of the page on which said registration is had, to wit: I, , do solemnly swear (or affirm) that I am twenty-one years old (or will be on the day of next), have resided in this State one year (or will

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have so resided in this State one year on the day of next), and in this county six months (or will have so resided in said county six months on the day of next), and am a citizen of the city of Moultrie, Ga. I have paid all taxes due the State of Georgia, Colquitt county, and the city of Moultrie, which have been required of me, and which I have had an opportunity to pay, so help me God. The registrar shall date the time of each name so registered. The clerk of said city shall make, or cause to be made and delivered to the managers of each election, an accurate alphabetical list of all the registered voters for that election. The managers shall have the right to require said voter to take the above oath before allowing him to vote, even though his name appears in the list of registered voters furnished them by the clerk, as above set forth. Registration of voters. Notice of registration. Sec. 51. Be it further enacted, That fifteen days prior to the close of said registration books the clerk of said city shall run a citation for one issue in the official organ of said city, or if there be no official organ of said city, then the said clerk shall post on the door of the city council chamber, in a conspicuous place, a notice calling the attention of the voters of said city to the fact that the registration books of said city are open for registration at his office. Illegal registration. Sec. 52. Be it further enacted, That if the said clerk, or other party having in charge said registration book, shall knowingly prevent any one qualified to register, or shall likewise knowingly register any one or allow any one to register who is not qualified to register, he shall be subject to be punished on conviction therefor as prescribed by section 40 of this Act. Should any one register, or attempt to register, or vote, or attempt to vote illegally in such election, he, on conviction thereof, shall be likewise punished. Market. Sec. 53. Be it further enacted, That the mayor and aldermen shall have full power and authority to establish a city market in said city for the sale of, and at which shall be sold the fresh meats, beef pork, fish, oysters and such other like articles offered for sale by any one in said city. Said mayor and aldermen shall have the power to prevent the sale of said articles at any other place, should they see fit so to do; they shall have the right to enforce this section by prescribing penalties as set out in section 40 of this Act; provided, that nothing herein contained shall be construed to prevent the sale of such articles by persons elsewhere in said city during such reasonable hours as the mayor and aldermen by ordinance may prescribe. Street work and commutation tax. Sec. 54. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall have the right and power to require

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all persons subject by the State law to road duty, residents of said city for more than ten days, subject to work the streets of said city, to work the streets of said city for a term not exceeding fifteen days each year, or to pay a commutation tax in lieu thereof not to exceed five dollars per year, as the mayor and aldermen may determine. Said tax may be paid in installments if the mayor and aldermen should so order, or it may all be required at once. Should any person fail and refuse to work the streets, who is liable to such duty, or to pay the commutation tax in lieu thereof, after having received due notice from the marshal or policeman so to do, such persons may be tried before the proper authorities, and on conviction therefor be punished as prescribed by section 40 of this Act. Salaries. Sec. 55. Be it further enacted, That the mayor and aldermen at their last meeting shall provide what pay the incoming mayor and aldermen shall receive for their services, which amount, when so fixed, shall not be changed during their term of office. In case the retiring mayor and aldermen fail to fix the salaries of the incoming officers, then the incoming officers shall receive the same pay as did their immediate predecessors. Mayor pro tem. Sec. 56. Be it further enacted, That at the first meeting of the new aldermen they shall, by ballot, select from among their number a mayor pro tem., who shall perform all the duties of the mayor; in the absence of the mayor and mayor pro tem. any of said aldermen so selected at the time may act as mayor pro tem. The mayor shall be the chief executive officer of the city, and shall preside at all meetings of the aldermanic board when he is present. Ordinances, how passed. Sec. 57. Be it further enacted, That it shall be necessary to have read in regular session of the city council three times all proposed ordinances before they shall be voted on by said mayor and aldermen; provided, that at the first reading of said proposed ordinance it may be again read at the same meeting by a unanimous vote of those present, and then it shall be ready for the third reading and passage at the next regular meeting of said board; provided, that in no event can an ordinance be voted on or become effective until it shall have been read at three regular meetings of said board, or at two regular meetings as above stated. Repealing clause. Sec. 58. 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 20, 1901.

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MT. VERNON, CHARTER AMENDED. No. 218. An Act to amend the Act approved October the sixth, 1891, entitled An Act to incorporate the town of Mt. Vernon, in the county of Montgomery; to define the powers, duties and liabilities of its incorporators and officers, and for other purposes in connection therewith, by striking therefrom the words town of Mt. Vernon, and town, and inserting in lieu thereof, city of Mt. Vernon and city. 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 approved October the sixth, 1891, incorporating the town of Mt. Vernon, in Montgomery county, be, and the same is, hereby amended by striking from the second and third lines and the fourth and fifth lines of section 1 of said Act, the words, the town of Mt. Vernon, and inserting in lieu thereof the words, the city of Mt. Vernon, so that section 1 of said Act shall, when amended, read as follows: Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the city of Mt. Vernon, in the county of Montgomery, be, and the same is hereby incorporated under the corporate name and style of the city of Mt. Vernon. Mount Vernon, town of, made a city. Sec. 2. Be it further enacted, That said Act be, and the same is, hereby amended by striking from said Act, wherever the same may occur, the word town, and inserting in lieu thereof the word city. 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. Repealing clause. Approved November 21, 1901.

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OAKLAND CITY, TOWN OF, CHARTER AMENDED. No. 235. An Act to amend the charter of the town of Oakland City, approved December 12, 1894, by changing the number of aldermen from five to six, by changing the time of election from the second Wednesday in January to the preceding second Wednesday in December, and changing the term of office of mayor and aldermen from one to two years, and providing that three of said aldermen shall be elected every year, and that the terms of said offices begin on fourth Monday in December of election, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That the Act incorporating the town of Oakland City, approved December 12, 1894, be amended by striking out from section 3 thereof in the second line, the word five, and inserting in lieu thereof the word six, so that said section, when amended, shall read as follows: Sec. 3. Be it further enacted, That the municipal government of said town shall consist of a mayor and six aldermen, who are hereby constituted a body corporate under the name and style of the Mayor and Council of the town of Oakland City, and by that name and style shall have perpetual succession, and by said name shall be capable to sue and be sued in any court of law or equity in this State; to plead and be impleaded, and to do all other acts relating to their corporate capacity; and shall be capable in law to purchase, hold, receive, enjoy, and possess, to retain to them and their successors, for the sale, use and benefit of said town of Oakland City, in perpetuity or for a term of years, any estate, real or personal, within the limits of said town, and to sell, exchange or lease the same in any way whatever. Oakland City, town of; mayor and aldermen, corporate name and powers. Sec. 2. Be it further enacted, That sec. 4 of the said charter of the town of Oakland City be stricken out and the following inserted in said charter as section 4: Sec. 4. Be it further enacted, That on the second Wednesday in December, 1901, and biennially thereafter on the same day, an election shall be held in said town for a mayor from the qualified voters of said town, who shall hold his office for two years from the fourth Monday in the month of election, and until his successor is elected and qualified. That at said election on the second Wednesday in December, 1901, there

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shall also be elected six aldermen from the qualified voters of said town, the three aldermen so elected and receiving the highest number of votes to hold office for a term of two years from the fourth Monday in month of election, or until their successors are elected and qualified. If there should be a tie in the number of votes cast at said election on the second Wednesday in December, 1901, the mayor then in office shall decide which of the aldermen so voted for shall hold for two years by voting for same at the next meeting of council. The other three aldermen so elected are to hold office for a term of one year from the fourth Monday in month of election, or until their successors are elected and qualified. That on the second Wednesday in December, 1902, and on the second Wednesday in December of every year thereafter, the qualified voters of the town of Oakland City shall elect from the qualified voters of said town three aldermen who shall hold office for a term of two years from the fourth Monday in the month of election, or until their successors are elected and qualified. In these officers, viz: The mayor and aldermen, the corporate powers of said town shall vest. Said election shall be held and conducted in the same [Illegible Text] as elections for county officers in this State, and the certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the offices to which they have been elected. Elections. Sec. 3. Be it further enacted that all laws or parts of laws in conflict with this Act shall be, and they are, hereby repealed. Repealing clause. Approved November 27, 1901. PALMETTO, TOWN OF, CORPORATE LIMITS EXTENDED. No. 250. An Act to extend the corporate limits of the town of Palmetto, in Campbell county, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the corporate limits of the town of Palmetto, in Campbell county, shall extend three-fourths of a mile in every direction from center of the freight depot of the Atlanta and West Point Railroad in said town. Palmetto, town of. Corporate limits.

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Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this be, and the same are, hereby repealed. Repealing clause. Approved November 27, 1901. PELHAM, TOWN OF, CHARTER AMENDED. No. 307. An Act to amend the charter of Pelham, so as to provide for a system of public schools; provide for the owning of real and personal property; for the improvement, leasing and renting of same; to provide sanitary regulations and suitable penalties for enforcing the ordinances of said town; to provide suitable revenues for said town, and for other purposes. Section 1. Be it enacted, That the mayor and council of said town shall have the authority to establish a system of public schools, over which they shall have exclusive jurisdiction, and for this purpose they shall have the power to acquire property by purchase, lease, donation or otherwise, and to levy an ad valorem tax of not exceeding two-tenths of one per cent. for the support of said school system. Pelham, town of, public schools for. Sec. 2. Be it further enacted, That it shall be the duty of said mayor and council to furnish each year to the State School Commissioner a list of all children of school age residing in said town, and also the number of children in attendance at the public schools of said town, and said State School Commissioner shall pay over to the mayor of said town such proportion of the State school fund as said pupils are entitled to under the rules of distribution, and such moneys shall be used exclusively for the support of the public schools of said town, and for payment of the teachers. Pro rata share of State school fund. Sec. 3. Be it further enacted, That they shall have the power to regulate and control the sale of fresh meats; to enforce quarentine, and other sanitary regulations which in their judgment are necessary to the health and welfare of the town. Also to regulate the character of buildings and improvements and additions to same in certain limits to be fixed by them, when in their judgment the safety and well-being of private or public property is involved, and to abate any nuisance by appropriate penalties. Municipal powers. Sec. 4. The said mayor and council shall have the authority to enforce the ordinances of said town by appropriate penalties, not

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exceeding a fine of $100.00, or imprisonment not exceeding 30 days, or work on the public streets (when offenders fail or refuse to pay fines) for a term not exceeding 60 days. Penal powers. Sec. 5. They shall also have the power to levy and collect a special privilege tax on any business, avocation or occupation in said town, and on itinerant traders, circuses, shows, lectures, theatrical or other performances. Special taxes. Sec. 6. They shall also have the power and authority to hold, own or lease real or personal property, to improve, sell, lease or rent the same. Property rights. Sec. 7. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Repealing clause. Approved December 12, 1901. POWELVILLE, TOWN OF, CHARTER REPEALED. No. 249. An Act to repeal an Act entitled an Act to incorporate the town of Powelville, in the county of Coweta, and to provide a government for the same, and to define the powers of said government, and for other purposes, approved December 19th, 1893. 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, an Act entitled an Act to incorporate the town of Powelville, in the county of Coweta, and to provide a government for the same, and to define the powers of said government, and for other purposes, approved December 19th, 1893, be, and the same is, hereby repealed, and the charter of said town is hereby abrogated. Powelville, town of, charter repealed. Sec. 2. Be it further enacted by the authority of the aforesaid, That all laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved November 27, 1901.

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PRESTON, TOWN OF, NEW CHARTER FOR. No. 366. An Act to repeal all the several Acts, and amendments thereto, incorporating the town of Preston, in the county of Webster, approved December 22d, 1857, and the repealing Act incorporating said town of Preston, approved October 25th, 1870, so as to repeal the present charter of the town of Preston, Webster county, and to enact in lieu thereof a new charter for said town, and to provide for a mayor and council; prescribe their powers and duties, and to define the corporate limits of said town, and to provide for an election of a mayor and aldermen for the government 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 the authority of the same, That the Act entitled an Act to incorporate the town of Preston, in Webster county, and the Act amendatory thereof, and the repealing Act entitled an Act to incorporate the town of Preston, in the county of Webster, approved October the 25th, 1870, be, and the same are, hereby repealed, so that the charter of the town of Preston, in the county of Webster, be, and the same is, hereby repealed, and the following charter enacted in lieu thereof. Preston, town of, charter repealed. Sec. 2. Be it further enacted by the General Assembly of the State of Georgia, That the town of Preston, in the county of Webster, be, and the same is, hereby incorporated as a town under the name of the town of Preston. New charter. Sec. 3. Be it further enacted by the authority aforesaid, That the municipal government of the said town of Preston shall consist of a mayor and four aldermen, who are hereby constituted a body corporate under the name and style of the mayor and council of the town of Preston, 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, enjoy, possess and retain to them and their successors for the use and benefit of the town of Preston any estate or estates, real or personal, of whatever kind or nature, within and without the jurisdictional limits of said town for corporate purposes, and to sell, exchange or lease the same in any way whatever, and by the name and style of the town of Preston shall be capable to sue and to be sued in any court of law or equity in this State; plead and be impleaded, and do all other acts

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relating to their corporate capacity, and shall succeed to all the rights and liabilities of the corporation of the town of Preston. Mayor and aldermen, corporate name and powers. Sec. 4. Be it further enacted by the authority aforesaid, That the corporate limits of said town of Preston shall extend from the center of court house square in said town south to the Seaboard Air-Line Railway so as to include the right of way of said railway; on the east from said court house square to the eastern boundary of the cemetery in said town; on the north to the extreme limits of the town lots in said town as per plat of said town, and up to the forks of the public road leading to Buena Vista and Bell's Mill; on the west so as to include the property of Dr. Kidd, R. L. Nicholson, and Mrs. Lunsford. Corporate limits. Sec. 5. Be it further enacted by the authority aforesaid, That the corporate powers of said town shall vest in a mayor and four aldermen, who shall be elected on the third Monday in December, biennially; the first election to be held under this Act shall be on the third Monday in December, 1901, but if the time of said election shall have passed before the passage of this Act, then the first election under this Act shall be had in thirty days after the passage of the same, and that the present commissioners in office under the present corporate power shall continue in office until the mayor and aldermen provided for in this Act shall be elected and qualified, with all the rights and powers provided under this Act. Said mayor and aldermen shall hold their office for two years, or until their successors are elected and qualified; and if from any cause there should be a failure to hold any election under this Act, the mayor if in office, or upon his failure then the aldermen, or any one of them, if in office, or upon their failure then the justice of the peace or notary public and ex-officio justice of the peace of the town district of Webster county, may order an election under the provisions of this Act by giving ten days' notice thereof by posting written notice thereof in at least three public places in said town. Elections. Sec. 6. Be it further enacted by the authority aforesaid, That all elections held under the provisions of this charter shall be superintended and managed by a justice of the peace, or some other judicial officer, and two freeholders, or by three freeholders, all of whom shall be citizens of said town; and each of said managers, before entering on his duties, shall take, before some officer duly qualified to administer an oath, the following oath, to-wit: I do solemnly swear that I will faithfully and impartially conduct this day's election held for mayor and aldermen for the town of Preston, and that I will not knowingly prevent any person from voting

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who is qualified to vote in this election, nor will I knowingly allow any person to vote who is disqualified. And said managers shall cause to be kept two tally sheets and a list of voters of said election; and the polls at every such election shall be opened at nine o'clock a. m. and closed at four o'clock p. m.; that said elections shall be held at the court house in said town, or such other place as said mayor and aldermen by ordinance may provide. Election managers. Sec. 7. Be it further enacted by the authority aforesaid, That after the votes at any election shall have been counted by the managers, they shall certify two lists of voters and two tally-sheets, and shall place one of said tally-sheets with the ballots in the ballot-box, and shall seal said ballot-box and deposit the same with the clerk of the superior court. The other list of voters and tally-sheet shall be filed with the ordinary of said county by the managers, and said clerk of the superior court and the ordinary of Webster county, after the expiration of sixty days, shall destroy the contents of said ballot-box, and said list of voters and tally-sheets, without examining said ballots or allowing the same to be done; provided, no notice of contest shall be filed or pending. That the managers of said election shall also certify to the person receiving the highest number of votes in said election for mayor, and to the four persons receiving the highest number of votes for aldermen, that they were duly elected to such offices, which certificate shall authorize the persons hereinafter mentioned to administer the oath of office to said mayor and aldermen. Lists of voters and tally-sheets. Sec. 8. Be it enacted by the authority aforesaid, That on the succeeding Wednesday after the election, or as soon thereafter as practicable, the persons elected shall appear at the council chamber and take and subscribe the following oath before any judicial officer of this State, or any other officer duly qualified to administer an oath, or the former mayor of the town, and shall forthwith enter upon the duties of their offices, to wit: I (A. B.) do solemnly swear (or affirm) that I will well and truly perform the duties of mayor (or alderman, as the case may be) of the town of Preston to the best of my skill and ability, without favor or affection, so help me God. Mayor and aldermen, oath of. Sec. 9. Be it further enacted by the authority aforesaid, That no person shall be eligible to the position of mayor or alderman unless he be over the age of twenty-one years, and a citizen of the United States and of Georgia, and shall have resided in the town of Preston at least one year before his election. Qualifications of. Sec. 10. Be it enacted by the authority aforesaid, That all persons qualified to vote for members of the legislature, and shall have

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paid all taxes legally imposed and demanded by the authority of the town of Preston, and shall have rendered such street duty as have been required, and shall have resided in the limits of said town for the period of thirty days to the election whereat they shall offer to vote. Voters. Sec. 11. Be it enacted by the authority aforesaid, That the mayor and aldermen shall, at their first meeting after they have been elected and qualified, elect a marshal and clerk and treasurer, and such other subordinate officers as may be deemed necessary for the carrying on the powers herein granted, and to appoint such police officers from time to time as may be deemed necessary, to continue only so long as the mayor and aldermen may think necessary, and that said marshal may be removed from office at any time said mayor and aldermen, or a majority of them, may determine, and to prescribe the compensation of such subordinate officers, and to require of them such bonds as they deem necessary. Officers. Sec. 12. Be it enacted by the authority aforesaid, That said mayor and aldermen shall have the power to pass and make all ordinances, by-laws, rules and regulations necessary for the good government, peace, order and health of said town, and all the powers herein granted; provided, they are not repugnant to the Constitution and laws of this State and of the United States. Municipal powers. Sec. 13. Be it further enacted by the authority aforesaid, That the mayor of said town shall be the chief executive officer of the town of Preston; he shall preside at all meetings of the council, when he is present (and in his absence the mayor pro tem. shall act in his stead), and shall have a right to vote in all elections and upon all questions which may come before said body, except upon questions where he is disqualified by reason of interest or otherwise. He shall see that all laws, ordinances, resolutions and rules of said town are faithfully and fully executed and enforced, and that all the officers of said town shall faithfully discharge the duties required of them. He shall have general jurisdiction of the affairs of the town. He shall sit in council chamber of said town as often as necessary for the trial of all offenders against the laws and ordinances of said town, and impose such penalties and sentences as the ordinances may prescribe. He shall receive such compensation as the council may fix (if council shall fix any, the same being left to the council.) That the mayor of said town and the mayor pro tem., when in the exercise of the duties of the office of mayor, shall be ex-officio justice of the peace within said town for the purpose of issuing warrants for offenses committed in said town, and binding

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or committing to the jail of said county the offenders to appear at any court having jurisdiction of such offenses. Mayor, duties and powers. Sec. 14. Be it further enacted by the authority aforesaid, That there may be an appeal from the decision of the mayor or mayor pro tem. to the board of aldermen in all cases, and a majority of said board shall be sufficient to hear and determine such appeal, and that the officer from whose decision or judgment an appeal is had shall not be competent to preside in such cases of appeal with the other members of the council; such appeal shall be made under the laws of this State governing appeals, and from the decisions of the board of aldermen there shall be the right of certiorari to the superior court of Webster county under existing laws of this State governing certiorari, to said court from the justice's court in this State. Appeals. Certiorari. Sec. 15. Be it further enacted by the authority aforesaid, That at the first meeting of the mayor and council after their election and qualification, it shall be the duty of said body to elect a mayor pro tem., who shall perform all the duties of said mayor when from any cause he cannot be present, or is disqualified from executing the duties of his office. Mayor pro tem. Sec. 16. Be it enacted by the authority aforesaid, That in the event that the office of mayor or alderman, or any subordinate officer of said town, shall become vacant, either by death, resignation or removal, the said vacancy shall be filled by the mayor and council. Vacancies. Sec. 17. Be it further enacted by the authority aforesaid, That the mayor and aldermen of the town of Preston shall have the exclusive right to regulate the granting of license in said town of the sale of spirituous and intoxicating liquors, either by retail or wholesale, and that they shall have the power and authority to grant license to sell liquors in said town in any quantities whatever; that they may grant such licenses not to sell in quantities less than onehalf pint, and to regulate by ordinance that no drinking of liquors shall be permitted upon the premises or in the house where sold, and may control the hours of opening and closing such places where liquors are sold, and shall fix the license fee for the sale of same at such sum as they may in their judgment think proper, and may impose penalties upon any person for the violation of any ordinance upon the subject of regulating the sale of same; provided, that nothing in this Act and the powers herein granted shall be so construed as to levy a tax on dealers in, or producers of wines manufactured from grapes or berries purchased by them or growing on lands owned, leased, or rented by said dealers; and provided further,

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that said wines shall not be sold in quantities less than one quart, and shall not be drunk on the premises where sold. They shall also have the power to license, regulate and control ten-pin alleys, billiard and pool tables. They shall have full power and authority to license all livery stables, and all buggies, hacks, wagons, carts and drays and other conveyances kept for hire in said town, and to fix such rules and regulations as they may deem necessary to govern any person engaged in carrying passengers in or out of said town for pay; provided, that section 17 of this Act, beginning in the first line of said section immediately after the word further enacted, and including the word same, and immediately preceding the word provided in the twentieth line of said section, shall be of force only should no dispensary be established in said town of Preston, or if established, be discontinued. License for sale of liquors. Other licenses. Sec. 18. Be it further enacted by the authority aforesaid, That the mayor and council shall have power to levy and collect a tax not to execed one fourth of one per cent, upon all property, real and personal, subject to State tax, within the corporate limits of said town. They shall also have power and authority to require of all persons within said town, subject to road duty under the laws of this State, to work on the streets, alleys and sidewalks of said town; but they may receive in lien thereof such commutation fee as said mayor and council may prescribe, which shall be used only in working the streets, alleys and sidewalks of said town. Property tax. Street work and commutation tax. Sec. 19. Be it further enacted by the authority aforesaid, That said mayor and council shall have power to provide for the arrest, trial and punishment of offenders against any ordinance, by-law, rule or regulation of said town by fine, imprisonment or work on the streets of said town; provided, said fine shall not exceed one hundred dollars, and such imprisonment or work on said streets shall not exceed thirty days. Penal powers. Sec. 20. Be it further enacted by the authority aforesaid, That said mayor and council shall have power and authority to lay out, open and abolish streets and alleys of said town, extend and change the same, as the public interest may require, by paying the owners just compensation for the property taken for such purposes. Streets. Sec. 21. Be it further enacted by the authority aforesaid, That all fields and woods within the corporate limits of said town, not laid off into town lots, and all lands held and used for agricultural purposes solely, shall not be taxed by the mayor and council, except there be a dwelling or business house on same. Exemptions from taxation. Sec. 22. Be it further enacted by the authority aforesaid, That said mayor and council shall have power to provide by ordinance

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for the collection of all taxes, moneys and fines due said town by execution, to be issued and signed by the mayor or mayor pro tem. of said town, and the levy of same by the marshal of said town upon any real or personal property of the defendant to be found in the county, and said marshal's levies and sales of personal property shall be under the same laws as govern constables' sales in this State, and shall be sold before the court house door in said town, and all sales of real property shall be under the laws governing sheriffs' sales in this State, and in case any illegality or claim is interposed to such sale, the same shall be returned to the justice court of the district in which said town is situated, together with all the papers in said case. If real property be levied on, then the said papers, with such claim or illegality interposed, shall be returned to the next term of the superior court of Webster county, to be there tried as such cases are under the laws of this State; provided, in all cases where the justice's court shall not have jurisdiction, said papers shall be returnable to said superior court. Municipal claims, how enforced. Sec. 23. Be it enacted by the authority aforesaid, That the mayor and council shall have power and authority to assess and collect such business or license tax as they may deem proper (whenever in their judgment it is necessary) upon all kinds of business or occupations carried on in said corporation; and they shall also have power and authority to assess and collect such tax upon theatrical exhibitions or other performances exercised, performed or exhibited within said town, and to fix and collect such tax on circuses, menageries, and all shows of any kind in said town. Said tax to be enforced by execution as provided for the enforcement of executions in this Act. Special taxes. Sec. 24. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have full power and authority to remove, or cause to be removed, all obstructions or nuisances in the public streets, lanes, alleys, sidewalks or public square of said town; to regulate and control public houses in said town; to regulate all butcher pens, blacksmith shops, forges, stoves and chimneys within said town, and to remove, or cause to be removed, the same or any of them in case they should become dangerous or injurious to the health of any citizen of the town, or become nuisances. Nuisan Sec. 25. Be it enacted by the authority aforesaid, That a majority of said council, including the mayor, shall constitute a quorum to transact any and all business of that body. Quorum of council. Sec. 26. Be it further enacted by the authority aforesaid, That the town clerk and treasurer shall keep a book in which he shall

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make entry of all money received, and from whom and upon what account received, and shall also make an entry of all sums of money paid out, and for what purpose, and shall take a receipt for the same, and said books shall be subject to inspection by the mayor and aldermen, or any of them; at all times; and it shall be the duty of the marshal of said town, or other collecting officer, to pay over to said clerk and treasurer all moneys coming into his hands, and take a receipt for the same, and the money of said town shall be disbursed only by order of said mayor and council. Clerk and treasurer. Sec. 27. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 17, 1901. ROME, DISPENSARY FOR. No. 275. An Act to provide for the establishment and maintenance of a dispensary in the city of Rome, Floyd county, Georgia, for the sale of spirituous, vinous, malt and other intoxicating liquors, after submitting the question of establishing such dispensary to the qualified voters of Floyd county; to prohibit the sale of such liquors in said city and county otherwise than by and through said dispensary; to provide for the establishment and perpetuation of a dispensary commission for the management of said dispensary, and to prescribe their powers and duties; to prescribe rules and regulations for said dispensary, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That a dispensary for the keeping and sale of spirituous, malt, vinous and other intoxicating liquors, as hereinafter provided, be, and the same is, hereby established in the city of Rome, in the county of Floyd, and that the sale of such liquors within the limits of said city and county otherwise than by said dispensary be prohibited, and the power of the authorities of said city or county to license the same revoked; provided, that this Act shall not prevent the sale of domestic wines in quantities not less than one quart by persons who have manufactured the same from grapes or berries grown on lands owned, leased or rented by them in the State; provided,

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they do not establish places to sell the same, or otherwise engage regularly in the business of selling the same within the limits of said city or county. Rome, dispensary for sale of liquors. Sec. 2. That said dispensary shall be under the control and management of a board of three commissioners residing in the said county who, with their successors, are hereby constituted a body corporate for the purpose of this Act, under the name of the Rome Dispensary, and with all powers necessary or proper to fully accomplish said purposes. Commissioners incorporated Sec. 3. Said commissioners shall be elected by a body to be known as dispensary electors, composed of the mayor and councilmen of said city of Rome, and the commissioners of roads and revenues, the ordinary, the clerk of the superior court, the sheriff, and tax collector, the tax receiver, and the treasurer of said Floyd county, voting by ballot. It shall be the duty of the ordinary to call said body together within five days after the ratification of this Act, as hereinafter provided, for the purpose of electing said dispensary commissioners. At that election one commissioner shall be elected for a term of two years, one for four years and one for six years, each dating from January 1st, 1902. All subsequent elections, except to fill vacancies, shall be for the term of six years. And on the first Monday in December, 1903, and biennially thereafter on the same day, said electors shall meet and elect a successor to the commissioner whose term expires on the first of January following. Upon the death, resignation or removal of a commissioner, said body shall elect a successor for the unexpired term. It shall be the duty of the ordinary to call meetings to fill vacancies, and to give each elector five days' notice of both called and regular meetings. All meetings shall be at the county court house. The ordinary shall call the body to order, and they shall elect from their number a president and secretary who shall certify to the persons elected as dispensary commissioners the fact of such election. Dispensary electors for election of commissioners. Sec. 4. Said dispensary commissioners shall elect one of their number as chairman of said dispensary, and another as secretary. They shall hold such stated and called meetings as may be necessary for the conduct and supervision of its affairs, and shall keep minutes of such meetings. For their services they shall each receive as compensation $20.00 per month, and the secretary $5.00 per month additional, to be paid by the manager out of the profits of the business. But the mayor and council of said city, and the board of commissioners of roads and revenues of said county may, by concurrent vote or order, from time to time increase or alter said compensation. Chairman and secretary of commissioners.

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Sec. 5. Said dispensary commissioners shall be subject to removal from office by the superior court of said county for habitual neglect of duty, or habitual drunkenness, for grossly immoral conduct, or for any abuse or misconduct in connection with the office, which, in the opinion of the grand jury and of the jury trying the case, shall show the commissioner to be a person unfit for the place. The proceedings in such cases shall be the same as those in indictment for malpractice in office. Commissioners removable Sec. 6. Upon the first election of said dispensary commissioners as aforesaid, it shall be the duty of the commissioners so elected to proceed at once to make arrangements to open said dispensary for business on the first day of April, 1902. For this purpose they may lease or purchase a suitable building, centrally located within said city, and all furniture, fixtures and appliances needed; shall purchase a proper stock of the liquors aforesaid, and shall employ a fit person to have the immediate charge and management of said dispensary and its business, to be designated as its manager, and shall do any other things necessary as aforesaid. They are empowered to contract in their corporate name for said stock of liquors and other things aforesaid upon credit; or they may borrow such funds as may be required to establish said dispensary. In either case all the property and effects of the corporation shall stand pledged for the debt or debts so created, and all income from the business in excess of necessary expenses shall be applied to the same till fully paid, and as the contract may require. Dispensary, how opened. Manager. Sec. 7. The manager of said dispensary shall be paid such salary as may be agreed upon by him and said commissioners, and shall be subject to discharge or removal by them at pleasure. He shall have the immediate custody and management of said dispensary, subject to the regulations and the supervision of the board of said commissioners. He shall employ such assistants in the business and at such compensation as may be allowed by said board, and shall be responsible for their conduct. All funds of the dispensary he shall receive, and the same disburse as required by the general or special orders of said board. He shall give to the board bond with security in such sum as they may require for the faithful discharge of his duties and to cover any defaults of his assistants or employees. He is hereby invested with full power as a policeman of said city for the purpose of preserving order in and about said dispensary, and making arrests for violations therein of its regulations or the ordinances of said city or the criminal laws of the State. The commissioners may provide for a manager pro tem.

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who, in the absence of the manager, shall perform his duties and have the same powers. Manager, duties, liabilities and powers. Sec. 8. Said commissioners shall see to it that said dispensary is kept supplied at all times with a stock of liquors aforesaid sufficient in quantity and variety to meet the demand therefor, and shall take care that the same be pure and unadulterated. To that end they may, from time to time, as they see proper, cause inspection and analysis to be made by experts of the various liquors in said stock, or any part thereof. Stock of liquors. Sec. 9. In the operation of said dispensary the said commissioners, and the said manager and his assistants, shall be subject to, and shall observe strictly the following regulations and restrictions, towit: Regulations. (1) No liquor shall be sold except for cash. (2) Prices shall be fixed by the commissioners, and shall be uniform to all purchases. (3) No liquors shall be sold except in scaled packages, and no broken or unsealed packages shall be kept in the dispensary. (4) No sale shall be made of a quantity less than half a pint. (5) No liquor shall be sold to persons whose purpose is to sell or dispose of the same unlawfully, and where the manager has reason to suspect such purpose he shall refuse to sell to such person. (6) The dispensary shall not be opened before sunrise, nor remain open after sunset on any day. (7) The commissioners and the manager and his assistants shall each be subject to the penal laws of the State regulating the sale of liquors as to the closing on Sundays and election days, and as to sale to drunkards, persons intoxicated and minors. (8) No liquor of any kind shall be drunk in the dispensary building, or on the premises whereon it is located. (9) No person shall loiter in said building or on said premises. Sec. 10. Regulations eight and nine in the preceding section are hereby given effect as ordinances of said city of Rome, and violations of them shall be punished by the police court of said city as prescribed in its ordinances for disorderly conduct. How enforced Sec. 11. In addition to the foregoing, and not conflicting therewith, the board of commissioners may make any other regulations they may deem proper. And they may order said dispensary closed for any special day or occasion when the circumstances, in their judgment, render it wise to do so. Other regulations. Sec. 12. All profits arising from the business of said dispensary, after retaining such amount as may be proper for a working capital therefor, shall be paid to said city of Rome and Floyd county,

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one half to each, to be by them applied to such purposes as they are now, or may be at any time, severally, empowered to levy taxes for. And it shall be the duty of said commissioners on the first day of each month to make to the mayor and council of said city, and to the commissioners of roads and revenues of said county, a report showing the business of the dispensary for the preceding month, and the net profits, and to cause their manager to then pay over said profits to the treasurer of said city and county as aforesaid. Profits, disposition of. Sec. 13. This Act shall not go into effect until ratified by a majority of the voters of said county of Floyd at an election held for that purpose, which election is hereby called and shall be held on Tuesday, February 18, 1902, under the same rules and regulations as are now prescribed by the law for the holding of elections for the members of the General Assembly of this State. The ballots cast at said election shall have written or printed thereon the words, For dispensary, or Against dispensary. The returns shall be made to the ordinary of Floyd county, who shall consolidate the same and declare the result, and if a majority of the ballots cast shall be For dispensary, thereupon this Act shall go into full effect, and said dispensary shall be established and opened, as hereinbefore required. Election. Sec. 14. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Repealing clause. Approved December 11, 1901. SANDERSVILLE, TOWN OF, CHARTER AMENDED. No. 272. An Act to amend an Act entitled An Act to alter and amend the several Acts incorporating the town of Sandersville, and to confer upon the said town of Sandersville a municipal government, with all the rights and privileges usually enjoyed by citizens in Georgia, as are herein set forth, approved August 24, 1872, by amending section 12 of the above recited Act, so as to provide that the mayor, or acting mayor, shall have authority to punish all violations of the city ordinances of Sandersville by any fine not to exceed one hundred dollars, by imprisonment in the county jail of Washington county for any term not to exceed ninety days, or by compulsory work for any term not to exceed ninety days in the chain-gang of Washington county, upon the public works of said county, or upon such other place as the mayor or acting mayor may direct, any or all of the above punishments to be inflicted in the discretion of the mayor or acting mayor, and said mayor or acting mayor shall have the right to impose an alternative sentence.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, section 12 of the above recited Act, towit, an Act to alter and amend the several Acts incorporating the town of Sandersville, and to confer upon the said town of Sandersville a municipal government with all the rights and privileges usually enjoyed by citizens of Georgia, as are herein set forth, approved August 24, 1872, be, and the same is, hereby amended by striking out all of the words in said section 12 following the word ordinances in the seventh line of said section, and substituting therefor the following: by any fine not to exceed one hundred dollars, by imprisonment in the county jail of Washington county for any term not to exceed ninety days, or by compulsory work for any term not to exceed ninety days in the chaingang of Washington county, upon the public works of said county, or upon such other place as the mayor or acting mayor may direct, any or all of the above punishments to be inflicted in the discretion of the mayor or acting mayor, and said mayor or acting mayor shall have the authority to impose any of the above punishments in the alternative, so that when amended said section shall read as follows: Sandersville, town of. Sec. 12. Be it further enacted by the authority aforesaid, That the mayor and council shall have power to organize a mayor's court and the mayor and acting mayor shall preside therein, and hold sessions daily, or as often as may be necessary to clear the guardhouse; he shall have cognizance of all the offenses against the ordinances of the city, and may punish all violations of such ordinances by any fine not to exceed one hundred dollars, by imprisonment in the county jail of Washington county for any term not to exceed ninety days, or by compulsory work for any term not to exceed ninety days in the chaingang of Washington county, upon the public works of said county, or upon such other place as the mayor or acting mayor may direct, any and all of the above punishments to be inflicted in the discretion of the mayor or acting mayor, and said mayor or acting mayor shall have authority to impose any or all of the above punishments in the alternative. Mayor's court.

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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. Repealing clause. Approved December 9, 1901. SANDERSVILLE, TOWN OF, CHARTER AMENDED. No. 273. An Act to amend an Act entitled An Act to amend an Act to alter and amend the several Acts incorporating the town of Sandersville, to confer upon said town of Sandersville a municipal government with all the rights and privileges usually enjoyed by citizens of Georgia, as herein set forth, and approved August 24, 1872, and amended by the Act approved August 28, 1885, by consolidating the office of city treasurer and city clerk; by providing for the bond of such officer, and by conferring upon the city of Sandersville the right to levy special taxes upon the business of every character conducted within the corporate limits of the said city of Sandersville, except where an ad valorem tax upon stocks of goods is collected, and for other purposes, by so amending section II. of the aforesaid Act as to provide that the city clerk and treasurer of Sandersville should give bond in the sum of five thousand dollars for the faithful performance of his duty. Section 1. The General Assembly of the State of Georgia do enacted, That section II. of the above recited Act, to wit: An Act to amend the city charter of the city of Sandersville, by consolidating the office of city treasurer and clerk; by providing for the election by the people of such clerk and treasurer; providing for the bond of said 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 corporate limits of the said city, except where an ad valorem tax upon stocks of goods is collected, approved December 15, 1900, be, and the same is, hereby amended by striking out the words two hundred, in the 7th line of said section II., of the aforesaid Act, and by substituting therefor the words five thousand, so that said section when amended shall read as follows: Section II. Be it further enacted by the authority aforesaid, That the office of city clerk

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and city treasurer be consolidated and merged into one office, as 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 duty of the mayor and council to take a bond of good and sufficient security in a sum not to exceed five thousand 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 ability, 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. 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. Sandersville, city clerk and treasurer, bond 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. Repealing clause. Approved December 9, 1901. SAVANNAH, OFFICERS OF, WHEN ELECTED. No. 358. An Act to fix the time for the election and appointment of all officers of the city of Savannah; to provide for the terms of office 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 the time for the election and appointment of all officers of the city of Savannah, now elected by the mayor and aldermen of the city of Savannah, be, and the same is, hereby fixed for the evening of the Monday after the fourth Tuesday in January, 1903, and on the same day of the same week and month biennially thereafter. Savannah, officers of, when elected. Sec. 2. Be it further enacted, That all officers so elected shall hold their offices for the term of two years, and until their successors are elected and qualified. Terms of. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 17, 1901.

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SAVANNAH, CENTER STREET CLOSED. No. 350. An Act to authorize the mayor and aldermen of the city of Savannah to close Center street, and to convey to Anna Brown the portion so closed. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the mayor and aldermen of the city of Savannah be, and they are, hereby authorized to close Center street from the eastern side of Ogeechee road to the western side of Bulloch street, and to convey the soil thereof to Anna Brown, of Mystic, in the State of Connecticut, her heirs and assigns. Savannah, Center street. Sec. 2. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and they are, hereby repealed. Repealing clause. Approved December 16, 1901. SAVANNAH, CORPORATE LIMITS EXTENDED. No. 306. An Act to define and extend the corporate limits of the city of Savannah. Section 1. Be it enacted by the General Assembly of the State of Georgia, That the corporate limits of the city of Savannah shall be defined as follows: Commencing at the extreme eastern point of the island in the Savannah river, known as Hutchinson's Island, and running thence southwestwardly to a point on the old bank of the Savannah river, twenty-five hundred (2,500) feet east of the western side of Bilbo canal; thence southwardly at right angles to the old river bank three hundred (300) feet; thence westwardly parallel to the old bank of the Savannah river, and three hundred (300) feet distant therefrom to the eastern bank of the Bilbo canal; thence along the eastern bank of Bilbo canal to its intersection with the southern line of Perry lane, extended; thence southwardly to the intersection of the western side of Waters avenue and the southern side of the Thunderbolt shell road; thence along the southern line of said Thunderbolt shell road to the eastern line of lots two

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(2), three (3), six (6), seven (7), and ten (10), Mienhard subdivision; thence along the eastern line of said lots extended to Dale avenue; thence along the northern line of Dale avenue to the western line of Waters avenue; thence southwardly to the intersection of the western line of Waters avenue with a line parallel to the southern line of West Forty-second street, and two thousand eight hundred and sixty (2,860) feet south thereof; thence westward to a point on the west side of Anderson and Muris road, two thousand eight hundred and sixty (2,860) feet south of the southern line of West Forty-second street; thence northward to the southern side of West Forty-second street; thence along the southern line of West Forty-second street extended to the Ogeechee road; thence along the east side of the Ogeechee road to the southern line of Springfield plantation, to the intersection of the eastern bank of Springfield canal with the eastern side of the Ogeechee road; thence northwardly along the eastern bank of Springfield canal to the intersection of the southern side of Gwinnett street; thence westwardly on the southern side of Gwinnett street; thence westwardly on the southern side of Gwinnett street prolonged to the western line of Springfield plantation; thence northward in a straight line extended to the south side of the Louisville road; thence on the Louisville road to its intersection with the south side of the Augusta road; thence northwardly to a point three hundred (300) feet from the old bank of the Savannah river, and thirteen hundred (1300) feet west of the western side of the ship slip of the Ocean Steamship Company of Savannah, at the mouth of Musgrove creek; thence parallel to the said river bank and three hundred (300) feet southwardly from it to a point twenty-five hundred (2,500) feet distant; thence at right angles to said river bank to the present harbor line of the Savannah river; thence along said harbor line to a point opposite the center of East Broad street; thence in a northwestwardly direction along the southern shore of Hutchinson's Island to the point of beginning. And the said corporate limits are hereby extended and defined accordingly. Savannah, corporate limits extended. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 12, 1901.

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SENOIA, TOWN OF, PUBLIC SCHOOLS FOR. No. 346. An Act to establish a system of public schools in the town of Senoia, in the county of Coweta, State of Georgia; to empower the mayor and 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 and require the State School Commissioner of said State to turn over to said school board such part of the State school fund as may be the full pro rata share of said town; to provide for issuing and selling the bonds of said town for the purpose of acquiring or building and furnishing the necessary schoolhouses, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That there shall be established in the town of Senoia, in the county of Coweta, said State of Georgia, a system of public schools, to be conducted and maintained as is hereinafter prescribed. Senoia, town of, public schools for Sec. 2. Be it further enacted, That there shall be a board of school commissioners for said town, consisting of five members. As soon as this Act shall become operative, as is hereinafter provided, the mayor and council of said town shall call an election, giving at least ten days' notice thereof by publication in the newspaper published in said town for the purpose of electing the first school board to consist of five members as aforesaid. Said election shall be held in the same manner and under the same rules and regulations as elections are held for mayor and council, with same qualifications of voters. Of the five person so elected, two shall hold office for three years, two for two years, and one for one year. The terms of office shall be determined by lot under the supervision of the mayor and council. If this Act shall become a law before the regular election for mayor and council for the year 1902, then said first election of said school board shall occur at the same time as said election for mayor and council. The successor of said first board shall be annually elected on the first Monday in February of each year, in the same manner and under the same rules and regulations as the mayor and council are elected. The terms of office shall be three years. All vacancies in said board shall be filled by the remaining members. Board of school commissioners, election of Sec. 3. The officers of said board shall be a president, vice-president, secretary and treasurer. The president and vice-president shall be members of the board, and shall receive no salary. The

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salary of the secretary and treasurer shall be fixed by the board. He shall give bond in such sum as may be fixed by the board, the board to pass on the solvency of the sureties. He shall keep regular minutes of all the proceedings of the board, and shall pay out no money, except on order of the board, and shall obey and observe all such regulations and rules as the board may prescribe. The president, and in his absence the vice-president, shall preside; and when both are absent, any member of the board may be elected to preside. A majority of the board shall constitute a quorum for the transaction of business. Each member of said board, before entering upon the discharge of his duty, shall take and subscribe an oath to faithfully and impartially discharge the duties of his office, which oath shall be filed with the clerk of the town council. Each member of said board shall be not less than twenty-one years old, and shall have been a bona fide resident of the said town at least six months at the time of his election. Officers of board. Qualifica tions of commissioners. Sec. 4. Be it further enacted, 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 and colored children; to provide schoolhouses by building, renting, purchasing, or otherwise, to repair the same; to employ a superintendent and all necessary teachers; to prescribe the curriculum for said schools, and to form such grades as in their judgment will be practicable; to provide all necessary school furniture and educational appliances; to fix the salary of the superintendent and teachers; to hold and make titles to any property that may be procured by purchase, 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 the school funds, as they may deem necessary and not in conflict with the laws of this State. Commissioners, powers and duties Sec. 5. Be it further enacted, That the necessary funds for the establishing, conducting, maintaining, and supporting such public schools, shall be derived as follows: 1st. The mayor and council of the town of Senoia are hereby authorized, empowered and required to levy each year a special tax as the said board of school commissioners may recommend, not to exceed one per cent. on all property, both real and personal, subject to taxation in said town, which tax, when collected, shall be paid over to said school board. 2d. The State School Commissioner of the State of Georgia is hereby authorized and directed to pay over to the treasurer of said board the pro rata share of the State school fund for the children within

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school age, who are residents of said town. 3d. All funds received from any other source, as is elsewhere provided in this Act. School fund. Tax. Pro rata share of State school und. Sec. 6. Be it further enacted, That the schools established by the authority of this Act shall be free to all children residing within the corporate limits of said town of Senoia; provided, that said board may require from all pupils who attend said school such incidental and matriculation fees as they may fix, not to exceed the sum of $10.00 for the scholastic year, to be paid at such time and in such installments as said board may prescribe. Said board 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. Matriculation fee. Tuition. Sec. 7. Be it further enacted, That said board shall determine, before the beginning of each scholastic year, what amount of money it will be necessary to raise by taxation to defray the expenses of running said public schools for the year, and shall lay the same before the mayor and council of said town of Senoia, and it shall be the duty of said mayor and council to proceed to levy and collect the same. Amount of tax. Sec. 8. Be it further enacted, That said board of school commissioners shall have power and authority to discharge the superintendent of said school, and any teacher that may be elected, when, in the opinion of said board, the good of the schools requires it; to prescribe the duties of the superintendent and all teachers. Superintendent and teachers removable Sec. 9. Be it further enacted, That in order to procure the funds to acquire, build and equip the necessary schoolhouses in said town, the mayor and council shall have power and authority, and they are required to issue and sell bonds of said town, not to exceed the sum of ($7,000.00) seven thousand dollars, to be of such denomination, and in such form as said mayor and council shall prescribe, to run for such length of time or times, not longer than 30 years, as said mayor and council think advisable, to bear interest at a rate not exceeding six per cent. per annum, payable semi-annually, the proceeds to be applied to the purchase of property to be used for school purposes and buildings, and equipping proper schoolhouses. That for the payment of said bonds and the interest thereon, the faith and credit of the town of Senoia shall be pledged, and the mayor and council of said town are hereby authorized and required to provide by taxation for the payment of said obligations as they fall due. School bonds. Sec. 10. Be it further enacted, That this Act shall be submitted to an election for approval or disapproval by the qualified voters of said town, at such time as may be fixed by the mayor and council of said town of Senoia, after giving 30 days' notice thereof in the

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newspapers published in said town. Said election shall be held under the same rules, laws and regulations as obtain for the election of the mayor and council for said town. All persons shall be qualified to vote therein who are qualified to vote in said election for mayor and council. Those persons favoring the adoption of this Act shall have written or printed on their ballots, For bonds, and those opposing shall have written or printed on their ballots, Against bonds, and in case two-thirds of the qualified voters in said town shall, in said election, vote for bonds, then this Act shall take effect and be of force. The election for mayor and council last preceding in said town shall be taken and considered to determine the number of voters in said town. Election. Sec. 11. Be it further enacted, That the school building for the white children of said town shall be erected on the lot in said town known as the Excelsior College lot, and the said board of school commissioners shall proceed, before establishing said school, to acquire the title to said lot; and the trustees, or other persons or corporation, having the title to the same, are hereby authorized to convey it to said board of school commissioners, said lot to be acquired without cost. The school for colored children shall be located on such lot as said board can acquire, and as in its judgment shall be right and proper. Excelsior college lot. Sec. 12. Be it further enacted, That if this Act is not adopted at the first election held thereunder, then said mayor and council shall have the power and authority to submit the same for approval or disapproved until it is adopted; provided, however, that not more than one election shall be held in one year. Other elections. Sec. 13. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Repealing clause. Approved November 29, 1901. SMITHVILLE, TOWN OF, CHARTER AMENDED. No. 227. An Act to amend, revise and consolidate the several Acts granting corporate authority to the town of Smithville; to confer certain powers upon the mayor and city council of Smithville; to fix the corporate limits of said city, and for other purposes.

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Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the corporate limits of the city of Smithville, in the county of Lee, shall extend and embrace a radius of three-fourths of one mile, except on east side; thence only to the run of Muckaloochee creek, making the passenger depot of the Central of Georgia Railway Company the center. Smithville, city of, corporate limits Sec. 2. Be it further enacted, That the municipal government of the city of Smithville shall consist of a mayor and six aldermen, who are hereby constituted a body corporate, under the name and style of the mayor and city council of Smithville, and by that name and style shall have perpetual succession; shall have a common seal, and be capable, in law and equity, to purchase, have, hold, receive, enjoy, possess and retain, to them and their successors, for the use of the city of Smithville, any estate or estates, real or personal, of whatever kind or nature, within and without the jurisdictional limits of said city, for corporate purposes; and shall by the said name be capable of suing and being sued in any court of law or equity in this State, and shall succeed to all the rights and liabilities of the corporation of the town of Smithville. Mayor and aldermen, corporate name, powers and rights. Sec. 3. Be it further enacted, That an election shall be held in the city of Smithville on the Wednesday preceding the first Saturday in December annually. In December, 1902, there shall be elected a mayor, clerk and treasurer, and six aldermen, three aldermen for one year and three for two years. In December, 1903, and every two years thereafter, three aldermen shall be elected; and in December, 1904, and every two years thereafter, a mayor and three aldermen, and a clerk and treasurer, shall be elected. Each of said officers shall serve two years, and until their successors are duly elected and qualified. At the first meeting of the mayor and city council of Smithville, or as soon thereafter as practicable, one of said aldermen shall be chosen mayor pro tem. Elections. Sec. 4. Be it further enacted, That in case of vacancy in any of the offices mentioned in the preceding section, by death, resignation, failure to elect, removal from office, removal from the city, or otherwise, a special election shall be ordered by the mayor and city council of Smithville within thirty days, giving ten days' notice by publication to fill such vacancy; provided, if such vacancy shall occur within three months of the expiration of the term of office of such officer, said mayor and city council of Smithville may, in their discretion, decline to order such election; provided further, that in

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case of a vacancy in the office of clerk and treasurer, the said mayor and city council of Smithville shall appoint some person to discharge the duties of said office until said vacancy is filled, as herein-before provided; provided further, that all vacancies existing at the time of any general election shall be filled at such general election, and without the ten days' notice. Vacancies. Sec. 5. Be it further enacted, That all elections held under the provisions of this charter shall be superintended and managerd by a justice of the peace, or some other judicial officer, and two freeholders, or three freeholders, all of whom shall be citizens of said city, and each of said managers, before entering on his duties, shall take an oath before some justice of the peace, or other officer duly qualified to administer an oath, that he will faithfully and impartially conduct said election, and prevent all illegal voting, to the best of his skill and power, and said managers shall cause to be kept two lists of voters and two tally sheets of such election. Election managers. Sec. 6. Be it further enacted, That the mayor and city council of Smithville shall, by ordinance, prescribe one or more voting places, or election precincts, within said city, and the polls at every such election shall be opened at 9 o'clock a. m. and closed at 4 o'clock p. m. The person or persons receiving the highest number of votes cast at such election for mayor, aldermen, clerk and treasurer, respectively, shall be declared elected. Election precincts. Sec. 7. Be it further enacted, That after the votes at any election shall have been counted by the managers, they shall certify two lists of voters, and two tally sheets, and shall place one of said tally sheets with the ballots in the ballot-box, and shall seal said ballot-box and deposit the same with the city marshal. The other list of voters and tally sheet shall be filed by the managers with the clerk and treasurer, and said city marshal, after the expiration of sixty days, shall destroy the contents of said ballot-box without examining said ballots, or allowing the same to be done; provided, no notice of contest shall be filed or pending. Lists of voters and tallysheets. Sec. 8. Be it further enacted, That on the succeeding Wednesday after the election, or as soon thereafter as practicable, the persons elected shall appear at the council chamber and take and subscribe the following oath before any judicial officer of this State, and shall forthwith enter upon the duties of his office, to wit: I, A B, do solemnly swear that I will well and truly perform the duties of mayor (alderman, clerk and treasurer, as the case may be) of the city of Smithville, to the best of my skill and ability, without favor or affection, so help me God. Mayor and aldermen, oath of.

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Sec. 9. Be it further enacted, That all persons qualified to vote for members of the legislature, and who shall have paid all taxes legally imposed and demanded by the authority of the city, and shall have resided six months within the city prior to the opening of the registration list and registers as hereinafter provided for, shall be qualified to vote at said election for mayor, aldermen, clerk and treasurer. oters. Sec. 10. Be it further enacted, That the clerk and treasurer, or such other person as may be designated by the mayor and city council of Smithville, shall open a list for the registration of voters on the first Monday in November in each year, which list shall be kept open from nine o'clock a. m. until twelve m., and from two o'clock until five o'clock p. m., each and every day (Sundays excepted), until Saturday preceding the election, when it shall be finally and absolutely closed. Registration of voters. Sec. 11. Be it further enacted, That it shall be the duty of the clerk and treasurer, upon the application, in person or written application, of any person entitled to register, as aforesaid, within the time prescribed for the list to be kept open, to register the name of such prson, expressing in such registry his name, age, occupation, or business, and the place of his residence, which shall be entered by said clerk and treasurer opposite the name of each applicant, and the clerk and treasurer may, in any case, administer the following oath to the applicant, touching his right to register, to wit: You do solemnly swear that you are a citizen of the United States of America; that you have resided in Georgia one year immediately preceding this election, and six months within the corporate limits of the city of Smithville, immediately preceding the opening of this registry list, and that it is your intention to remain a resident in said city continually until the day of election; that you are twenty-one years of age, or will be by the day of the election; that you have paid all taxes due the city of Smithville; that you have made all returns required by the ordinances of said city; that you are qualified to vote for members of the legislature, so help you God. Registraion. Sec. 12. Be it further enacted, That it shall be the duty of the clerk and treasurer, or other officers, to arrange and publish a list of the names registered, in alphabetical order, in one of the gazettes of the city, or to affix and paste an alphabetical list of the names registered, for two days, in at least two conspicuous and public places in the city of Smithville, between closing the lists and the day of the election, preceding each election. List of voters, publication of.

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Sec. 13. Be it further enacted, That it shall be the duty of the clerk and treasurer to furnish the managers presiding at any such election, at the opening of the polls on the day of such election, a complete list of all the names, arranged in alphabetical order, which shall have been registered according to the foregoing provisions, certified under the hand of said clerk and treasurer, and the corporate seal of the city of Smithville, which list shall be kept before the presiding managers during such election; and when such election is over it shall be deposited in the office of said clerk and treasurer to be by him safely kept. List of voters furnished election managers Sec. 14. Be it further enacted, That any person voting, or attempting to vote at such election, or registering prior to said election, not qualified to register, shall be guilty of a misdemeanor and, on conviction before the superior court of Lee county, shall be punished by fine or imprisonment, or both, as prescribed in Code of Georgia, 1895, section 1039. Illegal voting. Sec. 15. Be it further enacted, That no person shall be eligible to the office of mayor of the city of Smithville unless he be of the age of twenty-five years, a citizen of the United States of America, and shall have resided in the city of Smithville one year immediately preceding his election, and no person shall be eligible to the office of alderman unless he shall have attained the age of twenty-one years, and shall have resided in the city of Smithville one year immediately preceding his election, and shall have the other qualifications prescribed in the case of the mayor, and shall have paid all taxes due and demanded by said city of Smithville. Mayor and aldermen, qualifications of. Sec. 16. Be it further enacted, That the mayor and clerk and treasurer and aldermen shall have an adequate salary to be fixed by annual ordinance; provided, that the salary of the aldermen shall not exceed one hundred dollars per annum, to be fixed by ordinance. Salaries. Sec. 17. Be it further enacted, That the mayor shall be the chief executive of the city of Smithville; he shall see that all laws, ordinances, resolutions and rules of the city are faithfully executed and enforced; and that all officers of the city shall faithfully discharge the duties required of them; he shall have a general jurisdiction of the affairs of the city; he shall preside at all meetings of the mayor and city council of Smithville; he shall have the right to vote in elections for officers, except as hereinafter provided, and upon all other questions before said body, except upon questions where he is disqualified by reason of interest, relationship, or otherwise. Mayor, powers and duties

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Sec. 18. Be it further enacted, That there shall be a mayor's court for the trial of all offenders against the laws and ordinances of the city, to be held by the mayor, and in his absence or disqualificition, by the mayor pro tem. Said court shall have the power to preserve order and compel the attendance of witnesses; to punish for contempt by imprisonment not exceeding two days, or fine not exceeding ten dollars, one or both. Mayor's court. Sec. 19. Be it further enacted, That the mayor, or in his absence or disqualification, the mayor pro tem., shall, as often as may be necessary, hold a police court, to be known as the mayor's court, for the trial of all offenders against the laws and ordinances of the city of Smithville. Said mayor's court shall have full power and authority, upon conviction, to sentence such offender to labor upon the streets or other public works for a period not to exceed sixty days, or to impose a fine not to exceed one hundred dollars ($100); either or all of said penalties may be imposed in the discretion of the court. Mayor's court. Sec. 20. 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 violations of the criminal law of the State committed within the city of Smithville, and shall have full power, on examination, to commit the offenders to jail, or to bail them, if the offense be bailable, to appear before the court having jurisdiction. Mayor and aldermen, ex-officio justices of the peace. Sec. 21. Be it further enacted, That the clerk and treasurer of said city shall discharge all the duties imposed by this charter and the laws and ordinances of the city, and as may be required of him by the mayor and city council of Smithville, and shall give bond with good security in such sum as may be fixed by the said mayor and city council of Smithville, conditional for the faithful performance of his duties as clerk and treasurer of said city. Clerk and treasurer. Sec. 22. Be it further enacted, That the mayor and city council of Smithville shall have full power to appoint or elect such officers as may be deemed necessary or proper, except as hereinafter provided; and shall have the power to regulate the time, mode and manner of electing or appointing such officers and agents; to fix their fees and salaries; to take their bonds; to prescribe their duties and oaths, and may at discretion suspend, remove or discharge them at any time, with or without cause. Officers. Sec. 23. Be it further enacted, That for the purpose of raising revenue for the support and maintaining of the city government, the mayor and city council of Smithville shall have full power and

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authority, and shall prescribe by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property within the incorporate limits of said city. To defray the ordinary annual expenses of the city government, a tax not to exceed one-half of one per centum; and to pay any other extraordinary expenses of the city government, such tax as not to exceed one-half of one per centum, as may be necessary in the discretion of the mayor and city council of Smithville. Property tax. Sec. 24. Be it further enacted, That the mayor and city council of Smithville shall, in its discretion, have the sole and exclusive right of granting license to retail malt, vinous and spirituous liqours within the city of Smithville, and of fixing the rates of such license, and the terms upon which they shall issue, and to regulate and control the sale of the same; and may, for any violation of the laws or ordinances of said city, declare such license void. License to sell liquors. Sec. 25. Be it further enacted, That the mayor and city council of Smithville 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 and 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 or itinerant venders of articles, goods, wares and merchandise of every nature whatsoever, every keeper of a billiard, pool or bagatelle table kept for public use; every keeper of a shooting gallery, ten-pin alley; upon the keeper of any other table, stand or place for the performance of any game or play, whether played with sticks, balls, rings or other contrivance; upon the keeper of flying-horses, bicycle, velocipede or skating rinks, insurance agents, life and fire insurance companies, brokers, dealers in futures, loan agents or agents for any other business or calling whatever; keepers of slaughter-houses, beef markets, green groceries, dealers in fish, oysters, vegetables, fruits, breads, and other articles of food; upon every junk shop, pawnbroker, and upon all other establishments, businesses, callings or avocations not heretofore mentioned, and which, under the laws and Constitution of the State of Georgia, are subject to license. Business licenses. Sec. 26. Be it further enacted, That the mayor and city council of Smithville shall have the power to levy and collect as street tax, in addition to other taxes, a tax not exceeding three dollars upon each and every male person between the ages of sixteen and fifty years, except licensed ministers of the gospel who are in the regular

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discharge of ministerial duty and in charge of one or more churches, and except all persons who have lost one leg or arm; provided, that any person so taxed shall have the opportunity to work the streets of said city, and may relieve themselves of said tax by working on the streets for fifteen days, under the control or direction 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 to work on the streets of said city for a number of days sufficient to pay all such taxes assessed against him at fifty cents per day, if the city provides rations, and at one dollar per day if the person provides his own rations, upon conviction before the mayor's court. Street tax. Sec. 27. Be it further enacted, That the mayor and city council of Smithville shall have power and authority to appoint three free-holders, residents of said city, as a board of assessors of tax returns, whose duty it shall be to scrutinize carefully each return of property, real and personal, made by every taxpayer of said city; and if, in their judgment, they shall find the property embraced in said return, or any portion of it, returned below its value, they shall assess its true value; provided, that the said assessors shall give the taxpayer written notice of their assessment; and in every case it shall be the privilege of the taxpayer to arbitrate with the assessors the value thereof; said arbitrators to be disinterested taxpayers residing in said city, one of whom shall be selected by the taxpayer, and another by the board of assessors, and these two, if they disagree, shall select a third person, a majority of whom shall fix the value of the return, whose decision shall be final. Tax assessors. Sec. 28. Be it further enacted, That the mayor and city council of Smithville 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 or otherwise change all streets, sidewalks, alleys and squares in said city of Smithville. Whenever the said mayor and city council of Smithville shall exercise the power herein delegated, and shall fail to agree with the owner or owners of the property taken or damaged as to the amount of damages, the said mayor and city council of Smithville shall choose one appraiser, and the owner of the land to be taken or damaged shall choose the other appraiser, and the two thus chosen, if they fail to agree, shall select a third appraiser, and the three appraisers thus chosen, after being sworn to do justice between the parties, shall fix the damage to the owner of the property caused

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by the opening or changing of such street, alley or square; and if the property owners, after five days' notice, shall fail to name an appraiser, the clerk and treasurer shall appoint one for him; and in every case where the two appraisers chosen shall, for the space of five days, fail to agree upon the third appraiser, the said clerk and treasurer shall appoint such appraiser; provided, the said appraisers, whether chosen by the parties or appointed by the clerk and treasurer, shall be citizens of said city. The award of the appraisers shall be in writing, and shall be filed within five days in the clerk's office of the superior court of Lee county, and shall thereupon operate as a judgment, and execution may issue thereupon. Either party may, within ten days from the filing of the award, enter an appeal to the superior court of Lee county. All costs, including the fees of the appraisers, shall be paid by the city, and at any stage of the proceding to condemn, before or after the final award, the mayor and city council of Smithville may, by paying to the property owner all expenses actually incurred by him, withdraw the proceedings and decline to take the property, or to make the change in such street, alley, sidewalk or square. Streets. Condemnation. Sec. 29. Be it further enacted, That the mayor and city council of Smithville 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 construct and keep in good order the sidewalks in their front. If any owner or lessee shall fail to comply with the requirements of the mayor and city council of Smithville in this regard, the work shall be done under the direction of the city, and execution shall issue for the cost and expense thereof against such owner or lessee, to be collected as other executions issued by the clerk and treasurer. Street improvements. Sec. 30. Be it further enacted, That the mayor and city council of Smithville 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 works, the proceedings shall be the same as in section 28 of this charter. Water and sewerage. Sec. 31. Be it further enacted, That the said mayor and city council of Smithville shall have the power to fix and establish fire limits, and from time to time to enlarge, restrict or change the

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same; to provide for 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 buildings, except by special permission of said mayor and city council of Smithville, which must be unanimous, and in case of an offense against ordinances passed in pursuance of this Act, the said mayor and city council of Smithville, after five days' notice given, shall cause the said not fire-proof buildings to be removed at the expense of the owners or builders thereof, to be collected by execution as other execution issued by the city; and the said mayor and city council of Smithville shall have the right to determine what are or are not fire-proof buildings. Fire limits. Sec. 32. Be it further enacted, That the said mayor and city council of Smithville shall have power to remove any forge or smithshop when, in its opinion, it shall be necessary to insure safety against fire; they shall have power to cause any stove, stovepipe, or other thing 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. 33. Be it further enacted, That the mayor and city council of Smithville shall have power and authority to enforce by execution the collection of any amount due, or to become due to it for taxes, water rents, license fees, and taxes and assessments of every kind; for fines and forfeitures, for paving streets and sidewalks, lanes and alleys; for laying sewers and drains; for cleaning and repairing privies, and for other debt or demand due the city. Such execution to be issued by the clerk and treasurer against the person, corporation or firm by whom any such debt may be due, or may become due; which execution may be levied by the marshal on the property of the owner against whom such execution shall issue, and the same sold as provided by Code of 1895, sections 732, 733, 734, and 735, for municipal sales for taxes. Municipal dues, how collected. Sec. 34. Be it further enacted, That when any fi. fa. shall issue as provided in the preceding section, and shall be levied, and the property levied on shall be claimed by a third person, such claimant may interpose his claim thereto, as now provided by law for claims under tax fi. fa. for State and county tax, such claim to be returned to and heard in Lee county superior court. Claims. Sec. 35. 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 Lee county, and on conviction shall be fined in a

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sum not exceeding five hundred dollars, and shall, moreover, be removed from office. Malpractice. Sec. 36. 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 Smithville. It shall, moreover, be his duty to arrest, or cause to be arrested, all disorderly persons; all persons committing or attempting to commit any crime, and 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 on him by the laws, ordinances, rules and regulations of said city. Marshal, duties and powers. Sec. 37. Be it further enacted, That it shall be the duty of the marshal to levy all executions in favor of the city, and after advertising for thirty days, he shall sell the property levied on before the court house door in Smithville, on a regular sheriff's sale day, and between the legal hours of sheriff's sales. If the property is divisible, he shall offer it in parcels, 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 this State have. Municipal sales. Sec. 38. Be it further enacted, That the clerk and treasurer shall be the custodian of the funds of the 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 Smithville. For any wilful neglect of duty, or any abuse of the powers conferred on him, not amounting to a felony, the clerk and treasurer shall be subject to be indicted before the superior court of Lee county, and on conviction shall be fined in any sum not exceeding five hundred dollars, and may also be removed from office, in the discretion of the court. Pending any criminal charge against him the clerk and treasurer may, in the discretion of the mayor and city council of Smithville, be suspended from office, and in case of his suspension the mayor and city council of Smithville shall have power to appoint some person to discharge the duties of his office. Clerk and treasurer, duties and liabilities. Sec. 39. 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 Smithville, and shall have a right to give bond and security in such sum as may be fixed by the mayor for his appearnce before

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the mayor and city council of Smithville. The mayor and city council of Smithville shall try all appeals de novo, and may, in its discretion, affirm the judgment of the mayor, reduce or increase the punishment, or discharge the defendant. Appeals. Sec. 40. Be it further enacted, That any person who may be convicted before the mayor and city council of Smithville may, be giving notice of his intention to certiorari, suspend the judgment, and may be released from custody at once, upon giving bond with security in such sum as may be fixed by the mayor for his appearance; provided, and certioraris from said court shall be sued out within twenty days from the date of 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 cost. Certiorari. Sec. 41. Be it further enacted, That the said mayor and city council of Smithville shall, before the month of April in each year, appoint three fit and proper persons who shall constitute the board of health of said city. It shall be the duty of said board of health to meet weekly, or as often as may be necessary; to visit every part of the city, and to report to the mayor and city council of Smithville all nuisances which are likely to endanger the health of the city; and the said mayor and city council of Smithville shall have power, upon the report of said board of health, to cause any such nuisances to be abated, and their recommendation carried out in a summary manner at the expense of the party whose act or negligence caused such nuisance, or of the owner of the premises, or both, as the mayor and city council of Smithville may elect. And for the amount so expended the clerk and treasurer shall forthwith issue an execution against the owner of the property on which the nuisance is located, or against the party whose act or negligence caused such nuisance, or against both, as said mayor and city council of Smithville may elect, and such execution may be collected by levy and sale, as other executions issued by the clerk and treasurer. All vacancies that may occur in said board of health may be filled by the said mayor and city council of Smithville as soon thereafter as practicable. Board of health. Sec. 42. Be it further enacted, That the mayor and city council of Smithville shall have power and authority to establish such quarentine regulations against persons who have been exposed to smallpox, yellow fever, or any other contagious disease, as it may deem proper, and establish a smallpox hospital or pest house; and in case of smallpox, yellow fever, or any other contagious disease within said city, to cause to be removed to said hospital or

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pest house all persons afflicted with such disease, except such persons as shall, at their own expense, provide suitable and sufficient guards to successfully quarantine the premises where said case or cases of smallpox, yellow fever or other contagious disease may be located. Quarantine. Sec. 43. Be it further enacted, That the mayor and city council of Smithville shall have power either to lay off, vacate, close, open, alter, curb, pave and keep in good order and repair roads, streets, alleys, sidewalks, cross-walks, drains and gutters for the use of the public, or any of the citizens thereof; and to improve and light the same and have them kept free from obstructions on or above them; to regulate the width of sidewalks on the streets, and to order the sidewalks, foot-ways, cross-walks, drains and gutters to be curbed and paved and put in good order, free and clean, by the owner and occupants thereof, or of the real property next adjacent thereto; to establish and regulate market; to prescribe the time of holding the same; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle, horses, sheep, dogs and other animals and fowls of all kinds from going at large in said city; to protect places of divine worship in and about the premises where held; to abate, or cause to be abated, anything which, in the opinion of the majority of the whole council of said city, shall be a nuisance; to regulate the keeping of gunpowder and other combustibles; to provide in or near said city places for the burial of the dead, and to regulate the interment therein; to provide for the drainage of lots by proper drains and ditches; to make regulations for guarding against danger or damage by fire; to protect the property and persons of the citizens of said city, and to preserve peace and good order therein; and, for this purpose, to appoint, when necessary, a police force to assist the marshal in the discharge of his duties; to prescribe the powers and define the duties of the officers appointed by the mayor and city council of Smithville; to fix their term of service and compensation; require and take from them bonds, when deemed necessary, payable to the mayor and city council of Smithville, with such securities and in such penalty as said mayor and city council of Smithville may see fit, conditioned for the faithful discharge of their duties; to erect or authorize or prohibit the erection of gas works, water works or electric light works in said city; to prevent injury to, or pollution of the same, or to the water or healthfulness of said city; to regulate and provide for the weighing of hay, coal and other articles sold, or for sale in said city, and to provide a revenue for said city, and to appropriate the same to its expenses; to organize a

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chain-gang or work-gang to work upon the streets of said city, and, for sanitary purposes, shall have power to drain and keep clear of all obstructions Muckaloochee creek and its tributaries within the city and for the distance of one mile from the corporate limits in any direction; and to this end may pass all necessary rules, regulations and ordinances, and to adopt rules and regulations for the government of its own body. Street improvements and police powers. Sec. 44. Be it further enacted, That the mayor and city council of Smithville shall have power and authority to establish police rules and regulations; to pass all laws and ordinances, not in conflict with the Constitution and laws of the State of Georgia, which tend to promote the safety, health, good order, morality and general welfare of the inhabitants of said city. General powers. Sec. 45. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Repealing clause. Approved December 11, 1901. SPRING PLACE, TOWN OF, PUBLIC SCHOOLS FOR. No. 252. An Act to establish a system of public schools in Spring Place, Murray county, Georgia, and to provide for the maintenance and support of the 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 Murray county to pay over to the treasurer of the board of education, for the use of said public schools, such of the State school funds as may be the just pro rata share of the said city of Spring Place, to be determined by the school census of the said city of Spring Place, 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 there shall be established in the town of Spring Place, in said State, a system of public schools to be organized, conducted, maintained, supported and provided for in the manner hereinafter set forth. Spring Place, town of, public schools for Sec. 2. Be it further enacted, That Willis Penelly, W. J. Johnson, C. N. King, Dr. J. B. Hughes and S. H. Fincher shall constitute the board of trustees, and that two of said board shall hold

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their office for two years, and three for four years; and at the expiration of two years there shall be elected by the qualified voters of said town two members to fill the vacancies in said board caused by the expiration of the term of the first two members, their term of office to last for six years; and, at the expiration of four years, there shall be an election held to fill the vacancies of the last three members, and they shall hold their office for the term of six years, and thereafter the elections shall be held every six years, said elections to be held as elections for mayor and councilmen. In case of death, resignation, or removal of any member of said board, said board, or a majority of them, is empowered to elect to fill the vacancy from the citizens of said town for the unexpired term. At the first meeting of said board, which shall be immediately after the adoption of this Act, by the vote of the people of said town, they shall determine by lot whose term of office shall expire first. That one of said board of trustees shall be elected chairman of said board, one as secretary, and one as treasurer, all to be elected by a majority vote of said board. Board of trustees. Appointments and elections. Sec. 3. 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 colored race shall jointly attend school; to discontinue any school or department 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 department 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 the 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. Powers and duties Sec. 4. 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

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pupils for scholastic term, to support and maintain said schools not less than four months and not more than ten months in the year in each or all schools, and shall collect the same, as other revenues of said 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; 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 said town. Property tax. Sec. 5. 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. Regulations. Sec. 6. Be it further enacted, That the county school commissioner of Murray county shall pay over to the board of trustees of the town of Spring Place 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. Pro rata share of State and county school funds. Sec. 7. 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 Jimplecute, a paper published in said town, 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 said Act shall become operative as soon as the board of trustees of said town may direct. If the result shall be Against public shools, said mayor and council shall submit the same at another election in the same manner as herein-before provided, after an interval of six months, upon the petition of one-third of the qualified voters of said town, and may be so from time to time until said system is established. Election.

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Sec. 8. Be it further enacted, That any person who shall vote at any election authorized under this Act, without being qualified to vote according to the provisions of this Act, shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be punished as prescribed in section 1039, volume 3, of the Code of 1895. Illegal voting. Sec. 9. Be it further enacted, That no one who has or may have resided in said town for a less period than six months shall be permitted to participate in said special tax as mentioned in section 4 of this Act. Beneficiaries. Sec. 10. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved November 27, 1901. SUMMERVILLE, VILLAGE OF, CHARTER AMENDED. No. 186. An Act to amend the Act incorporating the village of Summerville, in Richmond county, approved December 16, 1861, and the Acts amendatory thereof, by providing for the method of electing the Intendant, and to regulate the terms of office of the Intendant and commissioners, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That an Act incorporating the village of Summerville, in Richmond county, approved December 16, 1861, and the Acts amendatory thereof, be amended so that on and after the passage of this Act that one of the commissioners who shall serve as Intendant of the village, instead of being appointed by the commissioners, shall be chosen by ballot at the regular elections for choosing commissioners, held under the provisions of the Act incorporating said village, and the Acts amendatory thereof. Summerville, village of. Intendant and commissioners. Sec. 2. Be it further enacted, That the Intendant so chosen shall hold office for the term of three years, or until his successor has been chosen and qualified. But he shall be ineligible for re-election to the office of Intendant or Commissioner until after the expiration of an intervening full term of three years. Term of Intendant. Sec. 3. In the event of a vacancy in the office of Intendant, or in his absence, by reason of illness, or other causes, the remaining commissioners shall designate one of their number to fill the vacancy

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until the next regular election, or the return of the Intendant to his duties. And if there is a vacancy, as aforesaid, the vacancy shall be filled for the unexpired term at the next regular election. Vacancies. Sec. 4. Be it further enacted, That at the next regular election held after the passage of this Act, of the four commissioners elected, in addition to the one selected for Intendant, two of them shall serve for the term of two years, and two for the term of one year, it being determined by lot among themselves, after they are elected, which shall serve for one and which for two years. At each annual election thereafter there shall be chosen two commissioners to fill the places of those whose terms expire, and the commissioners chosen shall hold office for the term of two years each, but shall be ineligible for re-election to the office of Commissioner or Intendant until after the expiration of a full intervening term of two years. The intent and purpose of this provision being that half only of the four commissioners shall go out of office at one time, and that no commissioner shall be eligible for re-election until after the expiration of an intervening term. Terms of commissioners. Sec. 5. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Repealing clause. Approved November 9, 1901. TEMPLE, TOWN OF, NEW CHARTER FOR. No. 225. An Act to repeal an Act, approved August 28, 1883, to incorporate the town of Temple, in the county of Carroll, and to adopt a new charter for said town; to provide for the manner of electing and appointing all municipal officers of said town; to empower the mayor and council to levy and collect a tax from the property in the said town; to license and collect a special tax from all persons, firms and corporations, following or carrying on any professional trade or business, calling or avocation in said town; to prohibit the sale of intoxicating liquors; to impose penalties for the violation of all ordinances of said town; to establish fire limits and a system of drainage, water-works and gas lights; to provide for the election and issuing of municipal bonds for the erection of a school building; to define the limits of said town, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act, approved August 28, 1883, providing for a charter for the town of Temple, in the county of Carroll, and for other purposes, be, and the same is, hereby repealed. The said town, as reincorporated, shall assume all debts and liabilities contracted by and of force against said town of Temple, Georgia. Temple, town of, charter repealed. Reincorporated. Sec. 2. Be it further enacted, That said town of Temple be, and the same is, hereby reincorporated under the name and style of the town of Temple, with the power to govern themselvs by such ordinances, resolutions and by-laws for municipal purposes as they may deem proper, not in conflict with the Constitution and laws of said State, or United States; 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 the State; to hold, purchase, possess and retain, for the use and benefits of the said town of Temple, in perpetuity for any number of years, any estate or estates, real or personal, within or without the limits of said town for corporate purposes. This charter shall not take effect until the first day of December, 1901. Corporate name and powers. Sec. 3. Be it further enacted, That on the first Wednesday in December, 1901, and annually thereafter on the same day, an election shall be held between the hours of 8 o'clock a. m. and 3 o'clock p. m. in the said town, for a mayor and five councilmen, who shall hold their offices for a term of one year, and until their successors are elected and qualified. The term of all officers first elected shall commence on the first Tuesday in February, 1902, and end on the first Monday in January, 1903. The terms of all officers thereafter shall commence first Monday in January and continue one year. Mayor and councilmen, election of. Sec. 4. Be it further enacted, That the corporate limits of town of Temple shall extend one-half mile wide on each side of the Georgia Pacific Railway, originally, but now the Southern Railway, and one-half mile east and one-half mile west of the depot in said town, running parallel with said railway, making the corporate limits one mile wide, running parallel with said railway, and one mile long. Corporate limits. Sec. 5. Be it further enacted, That the mayor and council of said town shall have special power and authority therein to lay off, vacate, close, open, alter, widen, curb, pave and keep in good order and repair, streets, avenues, alleys, lanes, sidewalks, cross-walks, drains, sewers and gutters, for the use of the public, or any citizen of said town, and to improve and light the same, and have them kept free from any obstructions of any kind; to regulate the width of sidewalks and cross-walks on the streets, and to order the sidewalks,

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cross-walks, and foot-ways to be curbed and paved, and kept in good order, free from obstructions, and cleaned by the owner and occupants thereof, or of the real property adjacent thereto, and if such owner or occupant thereof shall fail or refuse to so curb, pave, or remove obstructions, or clean such sidewalks when so ordered, the mayor and council shall have the same done, and the cost of same, when done, shall be a lien on such adjacent property, and the same shall be collected by execution, to be levied on such property, which shall be sold under the same rules and regulations as govern other marshal's sales in said town; to establish and regulate markets; to prescribe the time for holding same; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent horses, cattle, hogs, and other animals and fowls of all kinds from going at large in said town; to protect places of divine worship; to abate, or cause to be abated, anything which, in the opinion of the council, is a nuisance; to regulate the keeping of gunpowder and all other combustibles; to regulate the running and management of steam engines; to regulate and limit the speed at which any animal, or any and all sorts of vehicles, howsoever drawn or propelled, may traverse or cross any street, alley, lane or road; to make regulations for guarding against danger and damage by fire; to protect the person and property of citizens, and all other persons in said town, and to preserve peace and good order therein, and to appoint, when necessary, any number of extra marshals to assist the marshal, or other officer, in the discharge of any duty required of him by the ordinances of said town; to prescribe the power and define the duties of all officers appointed by the mayor and council, fix their term of service and compensation required, and take from them bonds, when necessary, payable to said town in its corporate name, with such securities and in such [Illegible Text] as said mayor and council may see proper, conditioned for the faithful discharge of such duties as may be required of them. Municipal powers. Sec. 6. Be it further enacted, That the mayor and council of said town shall have authority to grant license to public wagons, drays, trucks, and other vehicles conveying persons or property for hire in said town, and to prescribe fees for such license, and to levy and collect a special tax from any person, firm or corporation following or carrying on any profession, business, trade or avocation in said town. Licenses and special taxes. Sec. 7. Be it further enacted, That the mayor and council shall have power to levy and collect by execution, or other legal process, tax upon all the property, both real and personal, within the corporate

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limits of said town, and upon all banking, insurance and other capital employed therein, including all cash, notes, mortgages, or other evidences of debt held in said town; provided, that the rate of tax hereby authorized shall not exceed one per cent. upon the assessed value of such property. Said mayor and council shall have the power to levy and collect a special tax upon all shows and exhibitions, keepers of [Illegible Text] and billiard tables, and all other like tables, ten-pin [Illegible Text], and all other tables, alleys, or places kept for the purpose of playing on or renting. Property tax. Special taxes. Sec. 8. Be it further enacted, That the mayor and council of said town be, and the same are, hereby authorized and empowered to issue bonds of said town, not to exceed in amount the sum of five thousand ($5,000) dollars; said bonds to be of such denomination as the said mayor and council may determine is most expedient. Said bonds shall bear a rate of interest, not to exceed 7 per cent. per annum, and shall mature and become payable at such time or times as the mayor and council may determine, within twenty years after the issue thereof. Bonds. Sec. 9. Be it further enacted, That the mayor and council of said town shall assess, levy, and collect annually, upon all the taxable property of said town, a tax in addition to the taxes collected for the current expenses of said town, and in the same manner that taxes of said town are assessed and collected, a sufficient amount for the purpose of paying the interest on said bonds as the same shall become due, and to provide a sinking fund for the payment of the principal of said bonds as the same shall mature; and mayor and council are hereby authorized and empowered to assess and levy a tax, not to exceed one-third of one per cent., upon the taxable property of said town, in addition to the amount they are now authorized to levy, should it become necessary, in order to meet the principal and interest of said bonds. Tax to pay interest on bonds and for sinking fund. Sec. 10. Be it further enacted, That the said bonds shall be signed by the mayor and countersigned by the clerk of the council, under the corporate seal of said town, and shall be negotiated in such a manner as said mayor and council shall determine to be for the best interest of said town. Bonds, how issued. Sec. 11. Be it further enacted, That the proceeds derived from the sale of said bonds shall be applied and appropriated by said mayor and council in erecting and furnishing suitable buildings for school purposes in said town, and purchasing lots upon which to erect same if necessary, the amount to be paid for said lots, the style of building to be erected, and the proportion of the funds to

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be applied to such purposes, and all the details shall be left to the discretion and determination of said mayor and council. Proceeds of bonds for public schools. Sec. 12. Be it further enacted, That after the erection and furnishing of said school building, the same shall be turned over to a board of trustees, to be composed of five (5) members; all of them shall be residents of said town; said board of trustees shall be elected by said mayor and council for such terms as may be fixed by ordinance. School trustees. Sec. 13. Be it further enacted, That the provisions of this Act shall not have effect until the same shall have been submitted to a vote of the qualified voters, and approved by a two-thirds vote of the qualified voters of said town. Election. Sec. 14. Be it further enacted, That so soon after the passage of this Act as may be expedient, said mayor and council shall order an election to be held in said town, and shall give notice thereof for the space of 30 days, next preceding the day of election, in the newspaper where the sheriff's advertisements of said county are published. Said notice shall state on a day named, an election will be held to determine the question whether bonds shall be issued by said town, and shall specify the amount of the bonds to be issued for that purpose, what interest they are to bear, how much principal and interest to be paid annually, and when to be fully paid off. Said election shall be held on the day named in said published notice, at the usual voting precinct for said town, and shall be held by the same persons and in the same manner, and under the same rules and regulations, as elections for mayor and council are held, and the same qualifications shall be required for voters in said election as are required of voters in municipal elections of said town; the managers of said election shall make returns of the results of said election to the mayor and council of said town on the day after the election, and the result thereof shall be also published within ten days after said election by one insertion in the paper in which notice of said elections is given. Election. Sec. 15. Be it further enacted, That the ballots cast at said election shall contain the words, For bonds, or Against bonds, and if a majority of two-thirds of the qualified voters of said town shall vote for bonds, then it shall be the duty of said mayor and council to issue said bonds as herein provided, but should such two-thirds majority not be for bonds, there shall be no authority in said mayor and council to issue such bonds. Vote required. Sec. 16. Be it further enacted, That it shall be the duty of the council of said town, between the first days of April and July of each year, to make out a complete list of all lots in said town, as

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shown by the maps thereof, and all real estate in said town not divided into lots, and to assess for taxation each lot and parcel of land at its reasonable and just value. The list so made out shall show the name of the owner, if known; if not known, then such description shall be given as necessary to locate the property, opposite which description shall be set its value as assessed by said town council. It shall be the duties of all owners of taxable personal property, and other subjects of taxation, as provided in its charter, to make, by themselves or agents, returns under oath to the town council of all their personal property at its reasonable and just value; such returns shall be made between the first days of April and July in each year, and if any person shall fail or refuse to make such returns by the first day of July of any year, the council shall assess the personal property of the person so failing to make returns at double the value of such property, and if any person shall make any returns of personal property which council may deem incorrect, then said council shall assess such property and fix such value upon it as they may deem reasonable and just. If the owner of any real or personal property conceives that said council have placed too great a value on such property, such owner or his agent may have such assessment reviewed by the mayor and council of said town, who shall assess such property at its reasonable and just value, and their decision shall be final in the premises; and if any taxpayer in said town thinks that said council has placed too low an estimate on any property therein, such person shall have the right to have such assessment reviewed by the mayor and council, whose action shall be final as aforesaid. The list of all real estate assessed, as herein provided, and all personal property returned by the owner or assessed as herein provided, shall be completed by said council on or before the fifteenth (15th) day of August, and within fifteen days after said mayor and council shall ascertain and declare the rate to be levied and collected from such assessments and returns; and the tax so levied shall be due and payable on the first day of October in the year for which they are levied, and when the taxes so levied are not paid by the first day of December in each year, the same shall be collected as follows: An execution shall be issued by the clerk of the council, directed to the marshal of said town, against the real and personal estate of each defaulter, and, in case of real estate, the owner of which is unknown, against the said real property described, the same by number and location, which execution shall be levied on by the marshal of said town, and after advertising the same once a week for four (4) weeks in some newspaper published in said Carroll county, he shall sell the property so

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levied at or before the doors of the justice court-house in said town, on some justice court day, and within the legal hours of sale, and the deed of said marshal shall be as effectual to post the title to the property thus sold as the deed of the owner of such property; provided, that the property thus sold may be redeemed by the owner within twelve months, upon such owner paying to the purchaser the amount paid out by him in such purchase, together with 20 per cent. on the same, and in all cases where a tax execution shall be by the marshal levied on personal property, the marshal shall proceed to advertise and sell according to the laws governing constables' sales. Assessment of real estate. Returns [Illegible Text] personalt Tax rate. Tax executions. Sec. 17. Be it further enacted, That the mayor and council, before entering upon the discharge of their duty, shall each take and subscribe an oath to discharge faithfully the duties of their offices, and this oath they shall require to be taken by each person appointed by them. Mayor and councilmen, oath of. Sec. 18. Be it further enacted, That the mayor shall be chief executive officer of said town, and it shall be his duty to see that [Illegible Text] ordinances, rules, regulations, acts and resolutions, of the council are faithfully executed; and during his absence or disabilities, the council shall elect one of their number who, during his absence or disabilities, shall act as mayor pro tem., with all the powers and duties of the mayor. Mayor, duties of. Sec. 19. Be it further enacted, That if the office of mayor or councilman shall become vacant at any time more than 60 days previous to a regular election for mayor and councilman, it shall be the duty of the mayor, or, in case of a vacancy in the office of mayor, the remaining councilmen, to order an election to fill the office so vacant, and if such offices shall become vacant in less than 60 days next before such regular election, then such vacant place shall be filled by appointment of the members of the council remaining. Vacancies. Sec. 20. Be it further enacted, That in all elections for mayors and councilmen, whether at a regular election or at a special election, to fill a vacancy, as provided in a preceding sectoin, the election shall be managed and presided over by three freeholders of said town, and the person elected, either as mayor or councilman, shall take and subscribe the oath hereinbefore prescribed, before some officer of the State authorized to administer an oath, and the certificate of such managers shall be sufficient authority to the persons elected. Election managers. Sec. 21. Be it further enacted, That the mayor of said town shall have jurisdiction to try all persons charged with violating any laws,

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ordinances, rules or regulations of said town, and to punish such persons when properly convicted, by fine, not to exceed fifty ($50.00) dollars, imprisonment in calaboose of said town, not to exceed 30 days, or to work at hard labor on the streets, or other public works of said town, as the mayor shall adjudge, not to exceed 30 days. Any one or all of these punishments may be inflicted, in the discretion of said mayor, or person acting as mayor, in the trial of offenders. Mayor's court. Sec. 22. Be it further enacted, That if, in the judgment of the mayor and council, it shall at any time become necessary to open, widen, or in any way alter any street, alley, sidewalk, or other pass-ways in said town, they shall have full power to order the same done upon complying with the following rules: If the owner of the property to be effected by such alterations conceives that he will be damaged thereby, and if such owner and said mayor and council shall be unable to agree as to the fact of such damage, or the amount thereof, said mayor and council shall cause to be served on such owner, or his agent, notice of their intention to condemn such property, describing in such notice the property sought to be condemned, and to state the quantity sought to be taken, and the purpose for which it is to be taken, which notice shall also state the time and place the proceedings to condemn such property will be had, which shall not be less than five, nor more than ten, days from such time of service; it shall be the duty of said mayor and council to elect one upright and intelligent freeholder of said town, and the owner of such property, or his agent, may select one such person, or if he shall fail or refuse to make such selection, then it shall be the duty of the justice of the peace of the militia district in which such town is situated, to select some upright and intelligent freeholder as aforesaid, and it shall be the duty of the two persons selected in either way above named, to select a third upright and intelligent citizen, and it shall then be the duty of the said three persons to inspect the property sought to be condemned, and to hear such evidence pertaining thereto as the parties may offer, taking into consideration the enhanced value, if any, of the property, by reason of the opening, widening or altering of such streets, alleys, sidewalks, or other passways, as the case may be, and from the decision of said freeholders there may be an appeal by either party to the superior court of Carroll county, under the same rules and regulations as govern appeals from justice courts to the superior court. The mayor and council, upon payment, or tender to the owner or his agent, of said sum found by said arbitrators, shall have the right

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to proceed to open, widen or alter such streets, alleys, or sidewalks, notwithstanding any appeal by any owner of such premises. Streets. Sec. 23. Be it further enacted, That all processes, writs, warrants, subp[oelig]nas, or other papers, shall be issued by the clerk of the council, in the name of the mayor of said town, and signed by such clerk; and it shall be the duty of the marshal of said town to serve all such process, and to levy all such executions as may be placed in their hands in favor of said town, and to advertise and sell the property so levied upon in the manner prescribed in section 9 of this Act. Writs. etc., how issued, served and executed. Sec. 24. Be it further enacted, That the mayor and council shall have power to require every male inhabitant of said town, who is subject to road duty under the laws of the State, to work such length of time on the streets of said town as said mayor and council may, by ordinance, direct, or they may prescribe a commutation tax to be paid by such persons in lieu of said work, and they shall have power to enforce obedience to their laws and ordinances under this section, by a fine, imprisonment, or work on the streets, as provided in section 14 of this Act; nor no tax paid in lieu of such work, nor any money arising from fines or forfeitures for failure of persons to perform such work, shall be used for any purpose except for work done, or improvements put on the streets and sidewalks. Street work and commutation tax. Sec. 25. Be it further enacted, That the said mayor and council shall have power and authority to establish and maintain a system of sewerage and drainage in and around said town for the health, cleanliness and comfort of its inhabitants, and in all cases where it becomes necessary to take or use private property, or injure private rights, and owner of said property, or the person so injured, and the mayor and council cannot agree as to the amount of the damage to be paid to the injured party, the damage shall be assessed as is provided in section 15 of this Act, and the same rights of appeal, etc., as therein provided, shall also prevail in condemning property under this section, and said mayor and council shall have absolute control and jurisdiction over all said pipes and private drains and sewers, water closets and privy vaults in said town, with full power to prescribe their location, structure, use and preservation, and make such regulations concerning them in all particulars, as may seem best for the preservation of the health of the inhabitants of said town, with power also to require changes in, or the total discontinuance of, any such contrivance and structure. Sewerage. Sec. 26. Be it further enacted, That the said mayor and council shall have power and authority to establish and maintain for said town, and they shall have the power to acquire any

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property or right, either within or without said town limits, necessary or appropriate for affording a complete and sufficient supply of pure water for said town, and mayor and councilmen shall have power to cause such examinations and surveys to be made for the work contemplated in this section, as may be necessary and proper to the selection of the most advantageous location, site, or sites, water-shed or sheds, and right or rights, way or ways, for locating all their works and appliances for the purpose of bringing the water and distributing it in said town; and for carrying out the object of this section, and for such purpose, said town, by its office agents, servants, or employees, shall have the right and power to enter upon the land or water of any person, which may be necessary for the purpose of constructing, operating, and security of their works, and condemn and take such land, water, and right of way, first making just compensation therefor, as provided by law for private property taken for public use. Waterworks. Sec. 27. Be it further enacted, That said mayor and council shall have power and authority to light the streets of said town by means of gas, electricity, or such other means as they may see proper to adopt, and for this purpose they shall have the power to lay mains and pipes along any street or highway in said town. Lights. Sec. 28. Be it further enacted, That the said mayor and council shall have the power and authority to establish and fix fire limits in said town, and from time to time extend and enlarge the same, in their discretion; within which fire limits, when established, it shall not be lawful for any person to erect other than fire-proof buildings, and should any person erect, or cause to be erected, any building, or other structure, not fire-proof, within the fire limits so established, said mayor and council, after giving ten days' notice, shall cause the same to be removed at the expense of the owner, to be collected by execution, as provided in section 9 of this Act, and should the owner of such building or structure fail or refuse to remove the same within ten days after being notified so to do, such owner may be punished as prescribed in section 14 of this Act; and should any person, after receiving like notice, continue to work on, and aid in erecting such building, or other structure, they shall be liable to the like penalties; and mayor and council shall have power to determine, either from their own knowledge, or from the advice of competent persons appointed to examine the same, what buildings or other structures are fire-proof, and what buildings are not. Fire limits. Sec. 29. Be it further enacted, That from and after the passage of this Act, no person or persons shall be allowed to sell, either by wholesale or retail, or furnish in any manner whatsoever, any

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whisky, brandy, gin, beer, ale, bitters, cider, or any other spirituous liquors of an intoxicating nature, within the limits of said town, nor within four miles of said incorporation lines of said town. Sale of liquor prohibited. Sec. 30. Be it further enacted, That each and every person violating the provisions of this Act, as set forth in section 28, shall be guilty of a misdemeanor, and, on conviction thereof in any court having jurisdiction thereof, shall be punished as prescribed in section 4310 of the Code of 1882. Sec. 31. Be it further enacted, That it shall be unlawful for any person holding any office in said town, either by election or appointment, to be interested, either directly or indirectly, in any contract to which said town is a party, and any contract made in violation of this section shall be void as against the town, and any officer violating this provision shall be dismissed from office, and in addition shall be punished as prescribed in section 14 of this Act. Contracts. Sec. 32. Be it further enacted, That said mayor and council shall have authority to appoint a clerk of the council, a marshal and such assistant marshals, and other agents and officers of said town, as may be necessary in case of emergency; said mayor and council shall have the power to remove any officers or agents at any time for neglect of duty, or for just cause of removal; the clerk of the council shall assist the council in making the assessment of property for taxation, and shall also act as tax collector of said town; his compensation for all services shall not exceed the sum of $50.00 per annum; the town marshal shall also discharge the duties of street commissioner of said town. Officers. Sec. 33. Be it further enacted, That said mayor and council may compel the payment of tax, fine, or forfeiture by execution, levy and sale, as provided by section 9 of this Act. Collections. Sec. 34. Be it further enacted, That the mayor, or the mayor pro tem., shall have authority to punish any person guilty of contempt as prescribed by section 14 of this Act. Contempt. Sec. 35. Be it further enacted, That the mayor and council shall prescribe, by ordinance, the manner in which bonds for the appearance of offenders against the ordinances may be forfeited and collected. Appearance bonds. Sec. 36. Be it further enacted, That it shall be the duty of said mayor and council to require to be kept, in books provided for that purpose, full and correct accounts of all the acts and doings of said mayor and council, and of all other officers of said town, and such books shall be at all times subject to inspection by any citizen of said town; said mayor and council shall make, or cause to be made, by the person having the matter in charge, an annual statement of accounts,

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under oath, of the financial condition of said town; such accounts shall be a full and itemized statement of all money collected, when and from what source collected, of all money paid out, and when and on what account paid out, the sum due said town, and from what source due, the existing liabilities of said town, and the amount on hand; this account shall be made and published on or before the first day of January of each year. Books of account. Sec. 37. Be it further enacted, That the salary of the mayor of said town shall be fixed by the council in each and every year, and shall not exceed the sum of $50.00 per annum; the salary of the councilmen shall in like manner be fixed by themselves, and shall not exceed $12.00 each per annum. Salaries. Sec. 38. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved November 23, 1901. TOCCOA, TOWN OF, PUBLIC SCHOOLS OF. No. 330. An Act to amend an Act to establish a system of public schools for the town of Toccoa City; to empower the mayor and council of said town to levy and collect a tax for the support and maintenance thereof; to authorize the county school commissioner of Habersham county to pay over to the board of education of said public school such part of the State school fund as may be the just pro rate share of said town, and for other purposes, approved September 18, 1891. Section 1. Be it enacted by the General Assembly of Georgia, That said original Act be so amended as to allow the board of education of Toccoa City to charge and collect from each and every pupil a general admission fee in such sum as they may see proper, so that it does not exceed the sum of two dollars per pupil for each scholastic year, to be used for incidental and general purposes by said board. Toccoa, admission fee to public schools. Approved December 16, 1901.

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TRIP, TOWN OF, INCORPORATED UNDER NAME OF BERKELY. No. 335. An Act to incorporate the town of Trip, in Gwinnett county, under the town name of Berkely, Georgia; 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 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 raise a revenue by taxation or otherwise; to provide for the laying off of streets, alleys and sidewalks, maintaining same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the town of Trip, in the county of Gwinnett, be and the same is, hereby incorporated as a town under the name of Berkely. Trip, town of incorporated under name of Berkely. Sec. 2. Be it further enacted by the authority aforesaid, That the incorporate limits of said town shall be as follows: One-half mile in any direction from the crossing of the public roads of the Lawrenceville and Logansville roads, and the road leading from Snellville to New Hope church in said county. Corporate limits. Sec. 3. Be it further enacted by the authority aforesaid, That the municipal government of said town shall consist of a mayor and five aldermen, who are hereby constituted a body corporate, under the name and style of the mayor and council of the town of Berkely, and by that name and style shall have perpetual sucession, and by that name shall be capable to sue and be sued in any court of law or equity in this State, and to do all other acts relating to their corporate capacity, and shall be capable in law to purchase, hold, receive and possess, to retain to themselves and their successors in office, for the sole use and benefit of the said town of Berkely, and sell, exchange or lease the same in any manner whatever. Mayor and aldermen. Corporate name and powers. Sec. 4. Be it further enacted by the authority aforesaid, That J. E. Jacobs be, and is, hereby appointed mayor, and J. P. McConnell, W. P. Williams, J. S. Pate, A. Bennett, W. J. Tribble be, and they are hereby appointed aldermen of said town of Berkely, to hold their offices until the first annual election as hereinafter provided. Mayor and aldermen appointed. Sec. 5. Be it further enacted, That the first election of officers-under this Act shall be on the second Monday in January, 1902, and annually thereafter without further notice, on the second Monday

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in each year, at the council rooms, under such rules, supervisions and regulations, not inconsistent with the laws and regulations of county elections, as the council may prescribe. Such elections to be evidenced by the certificate of the managers, entered on the record of the town, and every person elected or appointed to an office in said corporation shall, within twenty days after his election or appointment, and before he shall enter upon the duties of his office, take and subscribe the following oath of office: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as an officer of the town of Berkely, in Gwinnett county, Georgia, according to the best of my ability and understanding, so help me God. Such oath may be administered by any person authorized by the laws of this State to administer oaths. Elections, Oath of officers. Sec. 6. Be it further enacted by the authority aforesaid, That no person shall be eligible to said office, unless at the time of his election he resides within the corporate limits of said town, and is at least twenty-one years of age and a freeholder. Qualifications. Sec. 7. Be it further enacted by the authority aforesaid, That the council shall also elect a treasurer and marchal, if they deem it necessary, each of whom, when elected, shall enter into bond, with sufficient securities, approved by the mayor, in such penalty as the board shall prescribe, payable to the corporation, conditioned faithfully to collect and pay over, as required by the board, all taxes, fines, forfeitures, and all other incomes of said corporation, and said officers shall hold their offices during the pleasure of the council. The treasurer may be selected from among the councilmen. Treasurer and [Illegible Text]. Sec. 8. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall hold their offices for one year, and until their successors are elected and qualified. Term of office Sec. 9. Be it further enacted by the authority aforesaid, That if, from any cause, the annual election, as herein provided, shall not be held at the time prescribed, the mayor and council, or in their failure, any justice of the peace within the town district may, at any time, on giving the qualified voters of the town at least five days' notice thereof, by written or printed notices at three or more public places within the corporation, hold such election, in all other respects as hereinbefore provided, and the persons so elected shall have the same powers and liabilities as if they had been elected at the regular time. Elections, how ordered. Sec. 10. Be it further enacted by the authority aforesaid, That when any vacancy shall occur from any cause in the office of mayor or in the council, the vacancy shall be filled by appointment by the

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council from among the citizens of the town eligible under this charter. All contested elections shall be heard and decided by the retiring council. Vacancies. Sec. 11. Be it further enacted by the authority aforesaid, That the council shall be presided over by the mayor, or in his absence, by the mayor pro tem., or in his absence, by one of the councilmen, elected by a majority of the council present, and the mayor and two members of the council, or in the absence of the mayor, three councilmen shall be necessary to form a quorum for the transaction of business. Upon the call of the mayor or any councilman, the yeas and nays on any question shall be taken and recorded upon the minutes. The mayor, in case of a tie, shall have the casting vote. Quorum. Sec. 12. Be it further enacted by the authority aforesaid, That the council of said town shall have power therein to lay off, vacate, close, open, alter, curb, pave, and keep in good order and repair roads, streets, alleys, sidewalks, cross-ways, drains and gutters for the use of the public, or of any of the citizens thereof, and to improve and light the same, and have them kept free from obstructions on or over them; to regulate the width of sidewalks on the streets, and to order the sidewalks, footways, crossways, drains, and gutters to be curbed and paved and kept in good order, free and clean, by the owner and occupants thereof, or the real property next adjacent thereto; to establish and regulate a market; to prescribe the time of holding the same; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive, or unwholesome; to prevent hogs, cattle, horses, sheep, and other animals and fowls of all kinds from going at large in said town; to protect places of divine worship and other assemblies for literary or benevolent purposes in and about the premises where held; to abate, or cause to abate, anything which, in the opinion of a majority of the whole council, shall be a nuisance; to regulate the keeping of gunpowder and other combustibles; to provide in or near the town places for the burial of the dead, and to regulate the interment therein; to provide for the regular building of houses, or other structures, and for the making of division fences by the owner of adjacent premises, and the drainige of lots by proper drains and ditches; to make regulations for the guarding against danger or damage by fire; to protect the health, property and person of the citizens of the town, and to preserve peace and good order therein, and for this purpose to appoint, when necessary, a police force to assist the marshal in the discharge of his duties; to prescribe the powers and define the duties of the officers appointed by the council, to fix their term of service and compensation, require and take from them bonds, when

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deemed necessary, payable to said corporation, with such securities and in such penalties as they may see fit, conditioned for the faithful discharge of their duties; to provide a revenue for the town by taxation not to exceed one-half of one per cent., and appropriate the same to its expenses; to provide for the assessment of taxable property therein, and to adopt rules for the regulation and government of its own body; to carry into effect these enumerated powers, and all others existing or hereafter conferred by law. The council shall have power to make and pass all needful orders, by-laws, ordinances, resolutions, rules and regulations, not contrary to the Constitution and laws of this State, and to prescribe, impose and enact reasonable fines and penalties not exceeding thirty dollars, and imprisonment in county jail, or other place of imprisonment in said town, for a term not exceeding thirty days, or as an alternative of failure or refusal to pay fines imposed, to require labor in a workgang for a term not exceeding thirty days. Municipal powers. Sec. 13. Be it further enacted by the authority aforesaid, That the mayor shall be the chief executive officer of the town; he shall take care that the orders, by-laws, ordinances, acts and resolutions of the council are faithfully executed; he shall have power to issue his warrant for the arrest and shall try all offenders against the ordinances, orders and by-laws of said town; he shall have power to punish for contempt, by fine or imprisonment, such fine not to exceed ten dollars, such imprisonment not to exceed ten days, for each offense. He shall have control of the police of said town, and may appoint special police officers whenever he deems it necessary, and it shall be his duty to see that the peace and good order of the town are preserved and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in the town. Before issuing his warrant therefor he shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and in default of such payment he may commit the party to the jail of Gwinnett county, or other place of imprisonment in said town, until the fine and costs or penalties are paid, but in no case shall said imprisonment be for longer than thirty days. In the absence of, or inability of the mayor, on any account, the mayor pro tem. (to be appointed by council), and in his absence or inability, one of the councilmen, to be designated by the other members of the council, shall perform the duties and be vested with all his powers. Mayor, powers and duties Sec. 14. Be it further enacted by the authority aforesaid, That the mayor shall receive like fees of a justice of the peace for like

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services, and the marshal shall receive like fees of a constable, and the treasurer shall be allowed a commission of two and one-half per cent. upon all sums received by him, and two and one-half per centum upon all sums paid out by him. The common council may also elect a clerk (and in his absence the mayor may appoint a clerk pro tem.), whose duty it shall be to keep in a well-bound book a fair and correct record of all proceedings of the mayor's court, and for such services he shall be entitled to have fifty cents for each case of conviction, to be taxed in the bill of costs. He shall also keep a record of the council proceedings, and for such service may be allowed such sum as the council may deem proper. The minutes must be authenticated by the signature of the mayor or other presiding officer for the time being. Fees of mayor and other officers. Clerk. Sec. 15. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 16, 1901. UNION POINT, TOWN OF, INCORPORATED. No. 319. An Act to incorporate the town of Union Point, Georgia; to provide for the election of a mayor and council of said town; to provide for the government of said town, and for other purposes therein contained. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That the town of Union Point, in the county of Greene, be incorporated, and that the same shall be a body politic and corporate by the name of the town of Union Point. The corporate limits of said town shall extend three-fourths of one mile in all directions from the white Baptist church in said town, and shall include the territory and inhabitants within said limits. Union Point, town of, corporate name and limits. Sec. 2. Be it further enacted, That 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 Union Point they may be sued and may sue, plead and be impleaded, and exercise all the corporate powers that may be necessary in the performance of their duties. Mayor and councilmen. Sec. 3. Be it further enacted, That H. C. Ivey be, and he is

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hereby appointed mayor, and H. B. Hart, R. A. Rhodes, J. H. Jackson, and H. C. Hilliard be, and they are, hereby appointed councilmen of said town of Union Point, to hold their offices until the first regular election is held and their successors are qualified as hereinafter provided. Appointed Sec. 4. Be it further enacted, That on the first Wednesday in January, 1902, and every two years thereafter on the same day, an election shall be held for a mayor and four councilmen, who shall hold their offices for two years, and until their successors have been elected and qualified. Said elections shall be held at the usual place of holding elections for county officers, in said town of Union Point, unless notice of a change of the polling place be posted at the post-office and in two other public places within said town ten days before the next election, which said notice must be signed by the mayor and council, or a majority of the councilmen. Said elections 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 such elections, 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. Elections. Sec. 5. Be it further enacted, That no one shall be entitled to vote in elections who is not a bona fide resident of the town of Union Point, who has not resided in said town for thirty days, who is not qualified to vote for members of the General Assembly of this State, and who has not paid all taxes due the town of Union Point. Any qualified voter shall be eligible to hold the office of mayor or councilmen of said town. Voters. Sec. 6. Be it further enacted, That in the event the office of mayor or two of the councilmen shall become vacant by death, resignation, removal or other cause, the mayor, or, in case his seat be vacant, a majority of the counilmen shall order a new election to fill such vacancy, notice of which shall be given at least ten days before said election is held, which election is to be conducted as a regular election, and which notice shall be posted in the manner provided in case of change of the polling place. Vacancies. Sec. 7. Be it further enacted, That before entering on the discharge of their duties, the mayor and councilmen shall take and subscribe to the following oath, which shall be administered by any person authorized by law to administer oaths in this State: I do solemnly swear that I will faithfully discharge all the duties devolving on me as mayor (or councilman, as the case may be) of the

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town of Union Point, according to the best of my ability and understanding, so help me God. Mayor and councilmen, oath of. Sec. 8. Be it further enacted, That said mayor and councilmen shall have power, should they see fit to do so, to elect a mayor pro tem., a clerk of council, a city treasurer (such officers to be also members of the council), and a city marshal, to hold their offices for the term of one year, or until removed by the mayor and counil, and to receive such compensation, if any, as may be fixed by the mayor and council. The duties of the city marshal shall be determined by ordinances. Before entering on the discharge of his duties the marshal shall take and subscribe to an oath to faithfully perform the duties of his office. Said marshal, and also the treasurer, shall enter into a bond, with good security, in an amount to be fixed by the mayor and council, for the faithful performance of their duties. That mayor and council may also appoint special police for special emergencies. Officers. Sec. 9. Be it further enacted, That the mayor and two of the councilmen, or three of the councilmen, shall be a quorum for the transaction of any business or the exercising any powers hereunder; provided, that for the purpose of trying offenders, and when sitting as a police court, the mayor or two councilmen shall be sufficient to act as a police court. Quorum. Sec. 10. Be it further enacted, That said mayor and council, or a majority, or such number or part thereof as is provided in the preceding section, shall have jurisdiction to try all persons charged with violating any law or ordinance, rule or regulation of said town, and to punish such person, when properly convicted, by fine not to exceed one hundred dollars, imprisonment in the calaboose of said town not to exceed fifty days, and to work at hard labor on the streets or such other public works as may be adjudged, not to exceed sixty days. Any one or all of these punishments may be imposed in the discretion of the court trying the offense. Said mayor shall be ex-officio justice of the peace, and empowered to issue warrants for offenders against the State laws, to bind over such offenders, and to have such jurisdiction in said town as may be necessary, to act as a committal court, and shall have the power to issue a mittimus directing the sheriff of Greene county to receive such offenders as may be committed for trial, and deliver them to the proper courts. Police court. Sec. 11. Be it further enacted, That the mayor and council may levy such taxes, not to exceed two per cent. per annum, on the property in said town, both real and personal, as may be necessary in their judgment to defray the expenses of said town, and liquidate its debts, and said mayor and councilmen shall be empowered to enact

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and adopt such ordinances as may be necessary for the carrying out of this power. Said mayor and council shall also have authority, in addition to the ad valorem tax above provided for, to levy and collect a business tax upon all billiard tables, ten-pin alleys, or nine-pin alleys, or other games or similar contrivances. They shall also be empowered to levy a tax on all circuses, shows, or amusements exhibiting publicly for an admission. Said mayor and council shall also have power to levy and collect such licenses upon any or all business occupations of different kinds, carried on in said town for any length of time, as they may see proper, and to enforce the collection of the same as in the case of other taxes; provided, that no tax shall be levied upon persons selling country produce, when the same is grown or produced by the vender or the person for whom the vender is acting. Said mayor and council shall have power to require all persons within the 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 they may prescribe a commutation tax which may be paid in lieu of work upon the streets. Upon failure to pay any of the taxes named in this section, the clerk shall issue an execution against the person in default, and levy the same upon any property of the defaulter, and sell the same as tax sales are conducted in this State. Upon failure of any person to pay any of the special taxes herein provided for, said mayor and council shall have power to provide suitable regulations and punishments therefor as for other violations of the ordinances of said town. In like manner, punishment shall be provided for such persons as fail to work the streets of said town, or refuse to pay a commutation tax. Taxes, property and special. Street work and commutation tax. Sec. 12. Be it further enacted, That said mayor and council shall have power, and it shall be their duty, to keep in repair the streets, sidewalks and other public thoroughfares of said town; to require any railroad running through said town to make such crossings as may be needed for public conveniences; to levy a tax on property owners to keep up the streets, sidewalks of said town; to establish and lay out new streets as public necessity requires, and to pass such ordinances as may be required to carry out these powers. Streets. Sec. 13. Be it further enacted, That the power to grant the privilege to sell intoxicating liquors of any kind whatsoever is expressly denied said mayor and council, and the same shall never be exercised under this charter. Sale of liquor prohibited Sec. 14. Be it further enacted, That said mayor and council shall have power to pass all laws and ordinances necessary to carry out the objects, purposes and powers of this charter, and not in conflict

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with the same. Said mayor and council shall be empowered to build a calaboose and council room. They shall have authority to remove nuisances and pass quarentine laws, and other regulations for the health and sanitation of said town. And said mayor and council shall have the power to pass all laws and ordinances that they may deem necessary for the preservation of peace, prosperity, health and comfort of the citizens of the town of Union Point, and not in conflict with the laws of this State, or the Constitution of this State, or the Constitution of the United States. General powers Sec. 15. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 14, 1901. VALDOSTA, CITY OF, INCORPORATED. No. 215. An Act to incorporate the city of Valdosta; to provide that all valid contracts heretofore entered into by the town of Valdosta, or the mayor and council of Valdosta, shall be good and valid for or against the city of Valdosta; to provide that all property now held and owned by the town of Valdosta, or the mayor and council of Valdosta, shall be and become the right and property of the city of Valdosta, and that all rights and liabilities of the town of Valdosta, or the mayor and council of Valdosta, shall accrue to and against the city of Valdosta; to provide that all ordinances of the town of Valdosta, or the mayor and council of Valdosta, not in conflict with this charter, shall be valid and enforcible as ordinances of the city of Valdosta; to define the limits of the city of Valdosta; to provide for a mayor and councilmen and other officers of said city, and to prescribe their powers and duties, and the manner of their election; to provide for streets and sidewalks, and the working or paving of the same; to provide for a system of sanitary sewerage; to provide for a system of waterworks; to provide for a board of health; to declare and define the police powers of said city, and provide for all matters of municipal concern and cognizance; to provide for taxation or granting of licenses to all kinds of business, trades and professions, and to grant a charter to said city under the corporate name of the city of Valdosta, and for other purposes.

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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 inhabitants of the territory now embraced in, and known and heretofore incorporated in the town of Valdosta, in Lowndes county, Georgia, by an Act of the General Assembly of Georgia, approved December 7th, 1860, and any amendatory or subsequent Acts, and embraced at present in the territory of one mile in every direction from lot of land number fifteen (15) in the original town of Valdosta, and on which said lot the court house of Lowndes county is situated in Lowndes county, Georgia, which said lot is hereby embraced in the territory herein incorporated, be, and they are, hereby incorporated under the name of the city of Valdosta, and the city of Valdosta is hereby chartered and made a city under said corporate name, and by that name is established, and by that name shall have perpetual succession, and are hereby vested with all the rights, powers and privileges incident to municipal corporations in this State, or cities thereof, and all rights, powers, titles, property, easement and hereditaments now belonging and in any wise appertaining to said town of Valdosta, or the mayor and council of Valdosta, as heretofore incorporated, shall be and are hereby vested in the city of Valdosta, as created by this Act, and the said city of Valdosta, in Lowndes county, Georgia, created, established, and declared by this Act, may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact through its mayor and council such ordinances, rules, regulations and resolutions for the transaction of its business and for the welfare and proper government of said city as said mayor and council deem best and not inconsistent with the laws of Georgia and the United States, and the said city of Valdosta shall be capable in law to purchase, hold, enjoy, receive, possess and retain in perpetuity, or for any term of years, any estate or estates, real or personal, lands, tenements, hereditaments of any kind whatever within or without the corporate limits of said city for corporate purposes, and to sell, alien, exchange or lease the same or any part thereof; the said city of Valdosta, created by this Act, is hereby made responsible as a body corporate for the legal debts and liabilities and undertakings of said town of Valdosta, or the mayor and council of Valdosta heretofore incorporated, and all ordinances now in force in the town of Valdosta and enacted by the municipal authorities of the town of Valdosta, or by the mayor and council of Valdosta, and not repugnant with this charter or the laws of Georgia, shall be, and are hereby continued in force in said city of Valdosta, incorporated by this Act

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and the present mayor and councilmen of the town of Valdosta shall continue in office as the mayor and councilmen of the city of Valdosta, incorporated under this Act, until their present term expires, or their successors are elected and qualified, and all other officers of the town of Valdosta shall continue in office of the city of Valdosta until their present term expires or their successors are elected and qualified. Valdosta, city of. Corporate name liabilities, rights and powers. Sec. 2. Be it further enacted, That the corporate limits of said city shall extend and embrace one mile in any direction from city lot of land number fifteen (15) in said city, on which the county court house of Lowndes county, Georgia, is situated, in the said county of Lowndes and State of Georgia. Corporate limits. Sec. 3. Be it further enacted, That there shall be elected on the second Monday in February, 1902, and biennially thereafter, a mayor and six councilmen to serve two years, or until their successore are elected and qualified; said election shall be opened at eight o'clock a. m., and closed at four o'clock p. m., to be held under the superintendence of a justice of the peace, or notary public and ex officio J. P., and two freeholders of said city, under the form and regulations prescribed by law for holding elections for members of the General Assembly, in so far as they are applicable to said election and do not conflict with the specific rules herein contained, and all elections held in said city at any time, and for any purpose whatever, shall be held in the same manner. All elections for mayor and councilmen, and all other elections, shall be held at the court house in Lowndes county. Mayor and councilmen, election of. Sec. 4. Be it further enacted, That the superintendents of elections shall duly declare the result of said elections, and shall issue certificates of election to such persons as receive the highest number of legal votes polled, who shall at such time and place as may be prescribed by the ordinances of said city qualify by taking an oath to well and truly perform the duties of their respective offices as such mayor and councilmen during their term of office, which oath, with certificates of election given by the said superintendents, shall be entered of record on the minutes of said council, and the originals filed in the office of the clerk of the council. Result of elections, how declared. Sec. 5. Be it further enacted, That every male citizen of the city of Valdosta, incorporated under this Act, twenty-one years of age, who shall have resided in this State a year next preceding the election, and six months within the corporate limits of the city of Valdosta next preceding the election, and shall have paid all taxes which may have been required of him, and which he may have had opportunity to pay agreeably to law, except for the year of the election,

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and the payment of all fines, licenses and registration fees required of him by said city, and not convicted of any crime involving moral turpitude and not pardoned, shall be qualified to vote at any election held in the city of Valdosta for any purpose whatever. Voters. Sec. 6. Be it further enacted, That in case of 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 such order, after public notice of the same by posting at the court house door in said city for the space of ten days. Vacancies. Sec. 7. Be it further enacted, That said mayor and council, at their first meeting in each year, shall elect one of said councilmen mayor pro tem., who shall, in case of vacancy, absence or disqualification of the mayor, perform and discharge all the duties and exercise all authority of the office of mayor, upon taking the usual oath, and not otherwise. Mayor pro tem Sec. 8. Be it further enacted, That said mayor and council shall have authority to elect a clerk, treasurer, marshal, chief of police, sanitary inspector, building inspector, chief of fire department, and such other officers as they may deem necessary and proper, regulate their salaries, take their bonds, prescribe their duties and oaths, and remove them from office or impose fines at the discretion of said mayor and council. The marshal and chief of police may be one and the same person. Officers. Sec. 9. Be it further enacted, That the mayor shall be the chief executive of said city; he shall see that all the laws and ordinances of the city are faithfully executed, and he shall have power to convene the general council in extra session whenever, in his judgment, it becomes necessary. Mayor, powers of. Sec. 10. Be it further enacted, That the mayor, or in his absence the mayor pro tem., shall have full power and authority to hold, at such times and places and under such rules and regulations as may be prescribed by ordinances, a mayor's court for said city for the trial of offenders against the ordinances, rules, regulations and by-laws of said city, and impose such penalties for violations thereof, not exceeding a fine of two hundred dollars, or labor on the streets of said city, or public works of said city, or confinement in the calaboose or guard-house, not to exceed ninety days, said fine to be collected by execution issued by the clerk of the council against the estate, both real and personal, of the offender. Mayor's court. Sec. 11. Be it further enacted, That the marshal, or other police

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officer of said city, may arrest without a warrant any person guilty of violating any ordinance, rules or regulations of said city, and the said marshal or other police officer may summon any citizen or citizens of said city to assist in such arrest. Arrests. Sec. 12. Be it further enacted, That the mayor, or mayor pro tem., when any person or persons are arraigned before the police court charged with a violation of any of the ordinances, regulations or rules of said city, may, for good cause shown by either side, continue the hearing to such other time as the case may be adjourned to, and the accused shall be required to give bond and security for his appearance at the time appointed for trial, or be imprisoned to await trial. If such bond be given, and the council shall fail to appear at the time fixed for the trial, the bond may be forfeited by the mayor or mayor pro tem. and an execution issued thereon by serving the defendant, if any to be found, and his securities, with a rule nisi at least five days before the time of hearing of such rule nisi. Appearance bond. Sec. 13. Be it further enacted, That all writs, processes, subp[oelig]nas, rules nisi, etc., for the forfeiture of bonds; all executions issued in behalf of said city for the collection of taxes, forfeitures, or for other purposes, shall be directed to the marshal or chief of police of said city, and all and singular the sheriffs and deputy sheriffs of said State, signed by the clerk, bearing test in the name of the mayor of said city, and such sheriffs and their deputies are empowered and required to execute all such writs, processes, subp[oelig]nas, rules nisi, executions, etc., issuing as aforesaid, when the property or parties to be proceeded against are without the corporate limits of said city of Valdosta, and the marshal or chief of police of said city of Valdosta shall serve all writs, processes, subp[oelig]nas, rules nisi, executions, etc., when the person or property to be proceeded against are within the corporate limits of said city. Writs, etc. Sec. 14. Be it further enacted, That sales of personal property by the marshal or chief of police of said city shall be made before the court house door in said city after ten days' notice of time, place and property to be sold is posted at three or more public places in said city. Municipal sales. Sec. 15. Be it further enacted, That sales of personal property by the sheriff or his deputy shall be made before the court house door in the county where the property is, after giving ten days' notice of the time, place and property to be sold by posting of such notice in three or more public places in the county. Sales by sheriff. Sec. 16. Be it further enacted, That the mayor, and mayor pro tem., shal be to all intents and purposes a justice of the peace, so

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far as to enable him to issue warrants for offenses committed within the corporate limits of said city, which warrants shall be executed by the marshal, or other police officer, and to commit to the jail of the county of Lowndes, or to admit to bail offenders for their appearance at the next term of the court sitting in Lowndes county that has jurisdiction of such offense, and it shall be the duty of the jailer of the county of Lowndes to receive all such persons so committed, and safely keep them until discharged by due course of law. Mayor and mayor pro tem. ex-officio justices of the peace. Sec. 17. Be it further enacted, That the legislative department of the said city of Valdosta shall be vested in the mayor and councilmen of said city. Legislative powers. Sec. 18. Be it further enacted, That the said mayor and councilmen may, in their discretion, divide or lay off the said city of Valdosta into four wards, said wards to be as nearly equal as practicable considering population and territory, and should the said city be laid off into four wards at the next general election for mayor and councilmen, after said division into wards, there shall be elected one councilman from each of the said wards when so laid off, and two shall be elected from the city at large, but all of the qualified voters of said city shall have the right to vote for each and all of said councilmen. Wards. Sec. 19. Be it further enacted, That the mayor and council shall meet once in every month for the transaction of business, and not oftener, unless in the [Illegible Text] of the mayor, or mayor pro tem., it becomes necessary to have an extra meeting, and in that event the mayor, or mayor pro tem., may call the council together at once. The mayor and council may adjourn their meetings to some definite time in the interim of regular monthly meetings. Meetings of mayor and council. Sec. 20. The mayor or mayor pro tem. shall preside at the meetings of the council, but shall vote only in case of a tie. Said mayor, or mayor pro tem., and three councilmen shall constitute a quorum for the transaction of business. Quorum. Sec. 21. Be it further enacted, That before any ordinance shall become a law it shall be read at three separate meetings of the mayor and council before its passage; provided, that an ordinance may be passed at the first reading by unanimous consent of the mayor and council. Ordinances, how passed. Sec. 22. Be it further enacted, That the mayor and council 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, wells, springs, fire engines or other engines, care of the poor, prevention of disorderly houses, houses of ill-fame, for the prevention and punishment of disorderly

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conduct, and conduct liable to destroy the peace and tranquility of a citizen or citizens thereof, and every other by-law, resolution and ordinance that may seem necessary and proper for the security of the peace, health, order and good government of said city. Police powers. Sec. 23. Be it further enacted, That said mayor and council shall have power and authority to prescribe by ordinance adequate penalties for all offenses against the ordinances of said city, and to punish offenders by fines not exceeding two hundred dollars, or labor on the streets in said city, or public works of said city, or confinement in the calaboose or guard-house not to exceed ninety days; said fines to be collected by execution issued by the clerk of the council against the estate, both real and personal, of the offender, if any to be found. Penal powers. Sec. 24. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the said government, the mayor and council shall have full power and authority and they shall provide by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property within the corporate limits of said city not exceeding seventy-five cents on the hundred dollars, exclusive of taxation for public schools. Property tax. Sec. 25. Be it further enacted, That the said mayor and council shall have full power and authority to require any person, firm, company or corporation engaged in, prosecuting or carrying on, or who may be engaged in prosecuting or carrying 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, firm, company or corporation to pay for such registration and for license to engage in, prosecute or carry on such business, calling, vocation or profession. Registration of business. Sec. 26. Be it further enacted, That they shall have power to tax, license and regulate the sale of spirituous liquors and other intoxicating drinks within the limits of said city; provided, the tax for the sale of spirituous liquors and other intoxicating drinks shall not be more than one thousand dollars annually, nor less than six hundred dollars annually, to be paid before issuing said license. For the purpose of enforcing the payment of taxes above enumerated the mayor and council may enact such ordinances and impose such penalties for the violation of the same as they may deem proper and not inconsistent with the Constitution and laws of this State. Sale of liquor, license for. Sec. 27. Be it further enacted, That the said mayor and council shall have full power to levy and collect from itinerant traders who may, directly or indirectly, by themselves or others, sell any

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goods, wares or merchandise in said city, such tax as to them may seem proper. Tax on itinerant traders. Sec. 28. Be it further enacted, That said mayor and council 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. Licenses. Sec. 29. They shall have full power and authority to assess a tax on such persons carrying on the brokerage business in said city, in addition to all other taxes they may be required to pay. They shall have power to license pawn-brokers within their respective jurisdictions, to define by ordinance their powers and privileges, to impose taxes upon them, to revoke their license, and generally to exercise such superintendence over pawn-brokers as would insure fair dealing between them and their customers. Licenses and special taxes. Sec. 30. Be it further enacted, That it shall not be lawful for any member of the mayor and council to be interested either directly or indirectly in any contract with the city of Valdosta, the mayor and council, or any one or more of them, having for its object the public improvement of the city or any part thereof, or the expenditure of its money. Any violation of this section by the mayor or any member of the council shall, on conviction thereof, be punished as for a misdemeanor under the Code of Georgia. Contracts. Sec. 31. Be it further enacted, That the mayor and council shall at their regular meeting in March of each year elect three freeholders, residents 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 offices 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 an oath to faithfully perform the duties of their office, and they shall be paid for their services such compensation as the mayor and council may fix, not to exceed seventy-five dollars each. Tax appraisers. Sec. 32. Be it further enacted, That it shall be the duty of every citizen, and they are hereby required, to make annual returns under oath, to said board of tax appraisers, within the time prescribed by said board of tax appraisers, a full and complete schedule of all their taxable property held in their own right or in behalf of other persons, polls, trades, businesses, occupations and professions in said city, and in case any person shall refuse or fail to make such return, or shall make a return deemed by the board of tax appraisers incorrect, said board of tax apraisers shall assess the property of such person and fix such value thereon as the may deem correct and

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just. A majority of said board of tax appraisers shall constitute a quorum. The clerk of council shall be clerk of the board of tax appraisers, and shall perform such duties as they may require of him. Tax returns. Sec. 33. Be it further enacted, That it shall be the duty of said tax appraisers to scrutinize carefully each and every return, real or personal, made by any tax payer in said city, and if, in their judgment, they find the property embraced in the return, or any part of the return, to be below the market value of the property, or the return is incomplete or incorrect, said appraisers shall assess the market value thereof, and complete or correct said return within thirty days, or such other time as prescribed by the mayor and council, after the time for returning the taxes shall have expired. Whenever the appraisers 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 ten days to appear before the said board of tax appraisers, under such rules and regulations as said board of tax appraisers may prescribe, and show cause, if any he can, why said assessment should not stand. In all cases the decision of said appraisers shall be final. Assessments. Sec. 34. Be it further enacted, That there shall be a lien on all the property of said citizen or inhabitant of said city, both real and personal, situated therein, for corporation taxes assessed thereon, and for all fines and penalties assessed upon the owners thereof from the date they are assessed or imposed, which shall have a priority over all liens except liens due the State and county, and may be enforced in the same manner as now prescribed by law for the enforcement of liens due the State and county. Liens Sec. 35. Be it further enacted, That the mayor and council of Valdosta shall have full power and authority to open and lay out new streets and alleys, to widen, straighten, or otherwise change any of the streets and alleys of said city. Whenever, in the exercise of said power, it shall be necessary to take private property, the said mayor and council shall make proper compensation to the owner or owners thereof. Streets. Sec. 36. Provided, That if the said mayor and council, and the owner or owners, or his or their agent, cannot agree as to the amount of compensation or damage to be paid, then the said mayor and council shall cause to be served on the owner or owners, or his or their agent, written notice of their intention to condemn such property, which notice must describe the property sought to be condemned, the purpose for which it is used, the time and place

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when the proceedings to condemn such property will be held, which shall not be less than five nor more than ten days from the date of the service of said notice. Condemnation. Sec. 37. It shall then be the duty of said mayor and council to appoint one freeholder of said city, and the owner or owners of the property sought to be condemned, or his or their agent, shall appoint another freeholder; provided, if said owner or owners, or his or their agent, shall fail or refuse to appoint such freeholders, then the mayor and council shall appoint a second freeholder, and the freeholders appointed in either way above mentioned shall elect a third freeholder, and the three freeholders shall, after taking an oath faithfully to discharge their duties, hear all legal evidence offered by the parties and assess the amount of compensation to be paid to the owner or owners of the land, and render their award, which must be signed by at least a majority of the said assessors, and filed with the clerk of council. Proceedings for. Sec. 38. Provided, That either party dissatisfied with the award of the assessors may, within four days after the same is filed, enter an appeal to the superior court of Lowndes county. The mayor and council, upon payment or tender to the owner or owners, or his or their agent, of the sum found by the assessors, shall have the right to proceed to open and lay out such street or alley, or to widen, straighten or otherwise change the street or alley pending any appeal by the owner or owners of the property. Appeals. Sec. 39. Be it further enacted, That the mayor and council shall have full power and authority to license billiard tables and ten-pin alleys, and on all billiard tables kept or leased for the purpose of playing, gaming or renting, and on all ten-pin alleys or nine-pin alleys, or alleys of any kind which are kept or used for the playing on with balls and pins, or either, or for the purpose of renting the same, and shall charge for said license such sum of money as they may deem proper. Licenses. Sec. 40. Be it further enacted, That for the purpose of enabling members of council to know at all times the true financial condition of the city, the clerk shall prepare and read and enter upon the minutes at the opening of each regular session, a balance sheet showing the gross revenue of the fiscal year, and expenses voted by the mayor and council up to that time. Financial statements Sec. 41. Be it further enacted, That the treasurer of said city, at the close of each fiscal year, shall make a full tabular statement of the assets and revenues of the city for the past year, together with a statement of the amount of money disbursed in each branch of the city government. Same

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Sec. 42. Be it further enacted, That the mayor and council shall have authority to employ an expert accountant on accounts to inspect the books of any officer or employee of the city at any time they see fit to do so, and to pay for the services of such accountant or accountants so employed such amount or amounts as to them seems proper. Accounts of officers investigated. Sec. 43. Be it further enacted, That the mayor and council shall have authority to require all such officers and employees of the city as may seem necessary to said mayor and council to give good bond and security, to be fixed and judged of by said mayor and council, for the faithful performance of their duties. Bonds of officers. Sec. 44. Be it further enacted, That the mayor and council shall have authority to pass ordinances and regulations preventing idleness and vagrancy within the corporate limits of the city, and to prescribe penalty for violations thereof. Vagrants. Sec. 45. Be it further enacted, That the said mayor and council shall have power and authority to regulate and prevent running at large, within said city of Valdosta, animals of all kinds and description; also to impound said animal or animals when found upon the streets of said city, and to charge such fee for same as they may prescribe, and in addition thereto to charge for the keep of any animal or animals so impounded; also, when the owner or owners of any animal or animals shall refuse or fail to pay the impounding fee and cost of keeping said impounded animal or animals, said animal or animals may be sold at public outcry, and the proceeds applied to the payment of said fee and cost of keeping said animal or animals, under rules and regulations prescribed by the mayor and council. Animals running at large. Sec. 46. Be it further enacted, That the said mayor and council may compel all persons residing within said city, who may be subject to road duty, to work on the streets and walks of said city for a space not exceeding ten days in each year, but may receive in lieu of said work a commutation fee from such persons not to exceed five dollars, and the mayor of said city shall have the same power to punish defaulters as the road commissioners of this State now have; provided, that no defaulter shall have the right to relieve himself of any fine or penalty imposed for his failure to perform street duty after being returned as such defaulter, without the consent of the mayor and council. Street work and commutation tax. Sec. 47. Be it further enacted, That no person shall be eligible to any officer under this Act who is not eligible as a voter at the election, and any officer in this incorporation, who shall be guilty of malpractice or abuse of powers confided in him, shall be subject to indictment in the superior court, and on conviction shall be

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fined not less than fifty nor more than five hundred dollars (said fine to be paid into the treasury of said city, and for its use), or be imprisoned not to exceed twelve months, in the discretion of the court, and upon conviction removed from office. Malpractice. Sec. 48. Be it further enacted, That all sales of real property shall be made under the same rules and regulations as now control the sheriff sales of real property in this State, whether made by the marshal of the city or sheriff of the county, and the deeds from either of the aforesaid officers, made in acordance with such, shall pass all the title to the purchaser that existed in the defendant. Claims or illegalities may be interposed to such sales under the same rules and regulations as now exist or may hereafter exist for the interposition of claims in the superior courts of this State, and all such claims and illegalities are to be returned to the first superior court that sits within ten days after the filing of such claims or illegalities. Sales. Claims and illegalities. Sec. 49. Be it further enacted, That the mayor and council shall receive such compensation and pay as the preceding mayor and council shall deem proper, but their compensation shall not be increased or diminished during their term of office. Salaries. Sec. 50. Be it further enacted, That said mayor and council shall have authority to protect places of divine worship; to provide a cemetery or cemeteries for the burial of the dead, either within or without the city; to regulate interments therein, and to expend annually an amount sufficient for the proper keeping of said cemetery or cemeteries, but white and colored people shall not be buried in the same cemetery. Churches and cemeteries. Sec. 51. Be it further enacted, That the mayor and council shall have authority, in their discretion, to elect a city attorney, and to pay for his services such sum as to them seems reasonable and proper. City attorney. Sec. 52. Be it further enacted, That said mayor and council shall have full power and authority to establish, maintain and operate a complete system of sanitary sewerage and drainage in and around said city, and to acquire any property or rights, either within or without said city, necessary and appropriate for carrying this Act into effect; and in all cases where it becomes necessary to take or use private property, or injure private rights, and the said mayor and council and the owner or owners cannot agree as to the amount of compensation or damage to be paid, the same shall be assessed as provided for in sections 36 and 37 of this charter. Sewerage. Sec. 53. Be it further enacted, That the said mayor and council shall have full power and absolute control of all said pipes, sewers,

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private drains, water closets and privy vaults in said city, with full power to prescribe their location, structure, use and preservation, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said city. The said mayor and council shall have full power and authority to prescribe the kind of water-closets and urinals to be used within the corporate limits of said city, and shall have power and authority to condemn and destroy any water-closet or urinals now in use, or that may hereafter be erected and put in use, which do not conform to and are not the kind prescribed for use by said mayor and council. They shall also have power and authority to compel all property owners to connect water-closets and urinals on the premises of such property owners with the sanitary sewers of said city, when such property is located on or near the streets where there are sanitary sewers, and under such rules and regulations as may be prescribed by the said mayor and council, and such property owner who fails to connect any water-closet or urinal on the premises of such owner with the sanitary sewers within the time prescribed by the mayor and council, the said mayor and council may make such connections and provide all necessary fixtures and assess the cost of said connection and fixtures against the real estate of said property owner. They shall have the power and authority to force the collection of said costs of such connection and fixtures by execution issued by the clerk, as provided in section 13 of this Act, against said real estate, and which execution may be enforced in the manner provided in section 48 of this Act. The lien of said execution shall be superior to all other liens except liens for taxes for paving streets or sidewalks of said city. Sanitary regulations. Section 54. Be it further enacted, That said mayor and council shall have power and authority to establish and operate a system of water-works and electric lights for said city, and they shall have power and authority to acquire any property rights within or without the city limits necessary to operate electric lights and necessary for affording a complete and sufficient supply of pure water for said city, and for bringing the water and distributing it in said city. And whenever it becomes necessary to take or use private property or private rights, and the said mayor and council and the owner or owners thereof cannot agree as to the amount of compensation or damages to be paid, then the said compensation or damages shall be assessed as provided in sections 36, 37 and 38 of this charter. Light and water. Sec. 55. Be it further enacted, That the said mayor and council shall have power to make rules and regulations respecting the introduction of water in or upon the premises, and from time to time to

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regulate the use thereof in such manner as shall seem to them proper, and the superintendents or inspectors 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 found, to inspect, examine and inquire as to the cost thereof. They shall have the power also to examine all service pipes, stop cocks and other apparatus connected with said water system, for the purpose of ascertaining whether same are of the character and dimensions and fixed in the manner directed in the permits issued therefor, and if any person or persons refuse to permit such examination, or oppose or obstruct such officer in the performance of his duty, he, she or they so offending shall be liable to such damages as said mayor and council may prescribe, not inconsistent with this charter. Regulations relative to water supply. Sec. 56. Be it further enacted, That the mayor and council shall have power to regulate the distribution and use of water in all places and for all purposes where the same may be required, and from time to time shall fix the price for the use thereof, and the time of payment, and may erect such number of public hydrants and in such places as they shall see fit, and directing in what manner and for what purposes they shall be used, and all of which they may change at their discretion. They shall have power and authority to require the payment in advance for the use and rent of water furnished by them in or upon any building, place or premises, and in case prompt payment shall not be made, they may shut off the water from such place, building or premises, and shall not be compelled again to supply such place, building or premises with water until said arrears, with interest thereon, shall be promptly paid. Water rate. Sec. 57. Be it further enacted, That if any person or persons shall maliciously or wrongfully divert the water or any portion thereof from said water-works, or shall corrupt or render the same impure, or shall destroy or injure any canal, aqueduct, public conduit, machinery, or other property used or required for procuring or distributing said water, such person or persons, their aiders and abettors, shall forfeit to the said mayor and council, to be recovered in an action for damages, treble the amount of damages (besides the cost of suit) which shall appear on trial to have been sustained, and all such acts are hereby declared to be misdemeanors, and the parties found guilty thereof may be further punished as for a misdemeanor under the Code of Georgia. Water supply, protection of. Sec. 58. Be it further enacted, That said mayor and council of said city shall have full power and authority, in their discretion, to

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grade, pave, macadamize, and otherwise improve, trestle and bridge the sidewalks, streets, public lanes and alleys of said city. Street improvements. Sec. 59. That said mayor and council shall have power and authority to assess two-thirds of the cost of paving and otherwise improving the sidewalks, including the necessary curbing, on the real estate abutting on the street and on the side of the street on which the sidewalk is improved. Assessments for. Sec. 60. That the mayor and council shall have full power and authority to assess one-third of the cost of paving, grading, macadamizing, constructing side drains, cross drains, crossings, and otherwise improving the road-way or street proper on the real estate abutting on each side of the street improved. The real estate abutting on each side shall pay two-thirds of the entire cost, and any street railroad company, or other railroad company, having tracks running through or across the streets of said city, shall be required to pave, macadamize, or otherwise improve said streets in such proportion as the mayor and council may prescribe. Assessments for. Sec. 61. Said mayor and council shall have full power and authority to adopt, by ordinance, such a system of equalizing assessments on real estate for above purposes for the amounts set forth as may be just and proper, estimating the total cost of each improvement made and prorate the cost thereof on the real estate, according to its frontage on the street, or portion of street improved, and that 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 the work and making the assessment. Assessments for. Sec. 62. Said mayor and council shall have full power and authority to enforce collection for the amount of any assessment so made for work, either upon the streets or sidewalks, by execution issued by the clerk of council against the real estate so assessed, against the owner thereof at the date of the ordinance making such assessment, which execution may be levied by the marshal of said city on such real estate, and after advertising and other proceedings, as in cases of tax sales, the same shall be sold at public outcry to the highest bidder. Such sale shall pass absolute title to the purchaser. Said city marshal shall have power to eject occupants and put purchaser in possession; provided, that defendant shall have a right to file his affidavit tendering the whole or a part of the amount for which execution is given, and stating the amount he admits to be due, which amount, with all costs, shall be paid and collected before the affidavit be received for the balance, and the affidavit shall be returned to the superior court of Lowndes county, and there be tried, and shall be determined as in cases of illegality,

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subject to all the penalties provided as in cases of illegality filed for delay. Assessments for. Sec. 63. The mayor and council shall have authority to pave and contract to pave the whole surface of the street without giving any street railroad company, or other property holder or occupant of the street, the option of having the space to be paved by it paved by itself, or by a contract at its instance, the object being to prevent delay and the securing of uniformity in the pavement. Uniform pavements Sec. 64. The lien for assessment upon abutting property and street railroad companies, or other railroad companies, for street or sidewalk paving, curbing, macadamizing, grading, draining, shall have rank and priority of payment next in point of dignity to lien for taxes, such lien to date from the passage of ordinance authorizing the execution of the work in such case. Liens. Sec. 65. Be it further enacted, That said mayor and council shall have authority to prescribe, by ordinance, such other rules as the mayor and council, in its discretion, may deem necessary to grade, pave, drain, macadamize, or curb the streets and alley-ways of said city; to enforce by execution the cost thereof against adjacent property owners and railroad companies; to provide how the agents or owners thereof shall be served with notice by personal service of by publication. Regulations relative to street improvements. Sec. 66. That all executions issued against property owners for paving, grading, macadamizing, constructing side drains, cross drains and crossings, and otherwise improving the roadway or street proper, or sidewalks of said city, as above provided, shall be issued as set forth in section 13 of this charter. Executions for street assessments. Sec. 67. Be it further enacted, That the said mayor and council shall have full power and authority, in their discretion, to establish and put in operation a board of health, and to pass all ordinances and regulations prescribing penalties for violation of the same, necessary for the purpose of establishing and maintaining said board of health, and to pass ordinances and regulations (prescribing penalties for the violation of the same) to prevent the spread of any infectious or contagious disease; also to enforce an ordinance to compel vaccination of all persons within the corporate limits of said city; also to isolate any person or persons afflicted with any infectious disease by confining such person or persons within premises provided by said mayor and council, either within or without the corporate limits of said city; also to isolate any person or persons exposed to any infectious or contagious disease during the period of incubation of such disease, by confining such person or persons during such period within premises provided by the mayor and

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council, either within or without the corporate limits of said city; provided, that no person or persons shall be so isolated who are able and willing to pay the hire of proper persons to be selected by the mayor and council to guard the premises in which they are, so as to prevent egress and ingress into said premises during the time in which there is any probability of the spread of any contagious or infectious disease from such persons. Board of health. Sec. 68. The mayor and council may, in their discretion, elect a recorder, whose duty it shall be, when so elected, to preside at the city court, known as the mayor's court, with as full and ample authority to try and dispose of all cases within the jurisdiction of the mayor's court as the mayor heretofore had, and as the mayor has under the provisions of this charter. He shall hold his office until the next general election after his election by the mayor and council, unless he shall be removed from office sooner for cause, to be judged of by the mayor and council. Recorder. Sec. 69. The salary of the recorder shall be fixed by the mayor and council prior to his election, and shall not be increased or diminished during his continuance in office. In case of the absence of recorder, the mayor, or mayor pro tem., may perform the duties of said recorder. In case of the death, resignation, or removal of the recorder, for cause to be judged of by them, the mayor and council may, at the expiration of the term of any recorder, discontinue the office of recorder, and in that event the mayor shall have the same powers and authority he had before the establishment of the office of recorder. Salary. Sec. 70. When sitting as a recorder's court, the recorder shall have full power and authority, concurrent with the mayor and mayor pro tem., to try all offenders against the ordinances of said city and impose such penalties for violation thereof as may be prescribed by the ordinances of said city. Before entering upon the duties of his office he shall take and subscribe an oath, before some officer authorized to administer oaths, faithfully to discharge the duties of the same. His duties not herein enumerated may be prescribed by ordinance. Jurisdicion. Sec. 71. Be it further enacted, That the mayor and council of said city shall have full power and authority, in their discretion, to elect a building inspector, whose duty it shall be to inspect all buildings and walls located on the various streets, lanes and alleys, when he shall be requested to do so by the mayor, and to report the result of said investigation to the mayor and council, with a recommendation as to the best course to be pursued in reference to said buildings and walls for the protection of the citizens. The inspector

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of buildings and walls may hold any other office not necessarily conflicting with his duties as inspector of buildings and walls. Building inspector. Sec. 72. The said mayor and council shall have power and authority to execute, in a summary manner, the recommendations of said building inspector, at the expense of the owner of said building or wall, or the owner of the lot upon which the same may be located, in the discretion of the said mayor and council. Should the said owner, after fifteen days' notice, fail or refuse to remove the objections reported by said building inspector, such expense to be collected by execution issued by the clerk of the council as prescribed in section 13 of this charter; and the mayor and council shall have full power and authority to pass all ordinances that may be necessary to carry this measure into full effect. Said building inspector shall hold his office subject to the discretion of the mayor and council. Dangerous structures. Sec. 73. Be it further enacted, That said mayor and council shall have full power and authority to establish a fee-bill for the officers of said city, not higher than the fees allowed the county officers, nor lower than those allowed justices of the peace and constables of this State. Said mayor and council shall have power and authority, in their discretion, to allow said fees to the officers of said city, or to place same in the treasury of the city. Officers, fee-bills of. Sec. 74. Be it further enacted, That said mayor and council shall have authority to create and organize a fire department, and shall have complete control of the same, whether paid or voluntary, or both, and shall have power and authority to pass all ordinances and regulations necessary to perfect and maintain said fire department. Fire department. Sec. 75. Be it further enacted, That said mayor and council shall have full power and authority to establish and maintain a fire limit, in their discretion, and it shall be unlawful for any person or persons to erect other than fire-proof buildings, or other structures of whatever kind, other than fire-proof. Should any one erect or cause to be erected, within the fire limits established by the mayor and council, any house, other thing, other than fire-proof buildings, said mayor and council may cause same to be removed after five days' notice, at the expense of the owner or owners of such building or buildings. The expense of such removal to be collected by execution issued from said mayor and council by the clerk of the council, as prescribed in section 13 of this charter. And said mayor and council may, in their discretion, enlarge said fire limits, from time to time, as to them may seem meet and proper. Fire-proof buildings

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will be constructed to be built of brick or stone, and metal or slate roof. Fire limits. Sec. 76. Be it further enacted, That said mayor and council may have power and authority to compel, by ordinance, every person or persons about to build, or cause to be built, any house of any description, or other structure, to first secure a permit in such manner as may be prescribed by the mayor and council by ordinance, and a failure on the part of any person or persons to comply with such ordinance as may be passed under the authority granted in this section, shall be liable to the penalties prescribed in said ordinance. Building permits. Sec. 77. Be it further enacted, That said mayor and council shall have power and authority to pass ordinances and regulations, and prescribe penalties for violations of same, in regard to meat markets and other business of like nature. Also to establish and maintain a system of inspection of all meats sold at.the markets, or other places of business of like nature, or on the streets, or within the corporate limits of said city, and to charge an inspector's fee for each inspection, in such amount as to them seems proper. Markets. Sec. 78. Be it further enacted, That the mayor and mayor pro tem., when sitting as a mayor's court, as provided in this charter, shall have full power and authority to compel the attendance of parties as witnesses at the mayor's court; and for this purpose either of them may fine for contempt any such amount or penalty as may be prescribed by ordinance. The power is also granted to said mayor and mayor pro tem., when sitting as mayor's court, to take and receive of parties and witnesses such bond or bonds as he may deem necessary to secure the attendance of parties as witnesses, and to forfeit said bond or bonds in the same manner as such bonds are now forfeited in the superior courts of this State. Appearance bonds. Sec. 79. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved November 21, 1901.

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VALDOSTA, TOWN OF, CHARTER REPEALED. No. 240. An Act to repeal an Act, approved December 7, 1860, chartering the town of Valdosta, and the several Acts amendatory thereof, and constituting the present charter of the town of Valdosta, in Lowndes county, Georgia. 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, approved December 7, 1860, chartering the town of Valdosta, and the Acts amendatory thereof, approved February 22, 1877, October 24, 1887, November 11, 1889, December 23, 1896, December 16, 1898, December 20, 1899, December 16, 1900, and all other Acts constituting the present charter of the town of Valdosta, be, and the same are, hereby repealed. Valdosta, town of, charter repealed. Sec. 2. Be it enacted by the authority aforesaid, That this Act shall become operative when a bill entitled An Act to incorporate the city of Valdosta, etc., shall have been approved by the Governor of the State of Georiga. Sec. 3. Be it enacted by the authority aforesaid, That all other Acts in conflict with this Act be, and the same are, hereby repealed. Approved November 27, 1901. VIENNA, CITY OF, INCORPORATED. No. 279. An Act to incorporate the city of Vienna, in the county of Dooly; to prescribe its limits; to provide for a mayor and aldermen of said city, and prescribe their duties and powers, and the manner of their election; to authorize the establishment of a system of public schools in said city; to provide a revenue for the maintenance of the same, and to authorize the issuance of bonds of said city by the corporate authorities thereof, for the purpose of building and equipping of suitable public buildings, and for the improvement of the system of water-works, and for other purposes. Section 1. Be it enacted by the General Assembly of the State

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of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the city of Vienna, in the county of Dooly, be, and the same is, hereby incorporated under the name and style of The City of Vienna. The corporate limits of said city shall be in the form of a square, with the center of the old court-house yard (now the park) as the center of said city, and the limits shall extend due north, due east, due south, and due west, the distance of one mile from said center, and to contain in area four square miles. Vienna, city of, corporate name and limits. Sec. 2. Be it further enacted, That the municipal government of the city of Vienna shall be vested in a mayor and four aldermen. who are hereby constituted a body corporate, under the name and style of the mayor and city council of Vienna, and as such shall have perpetual succession; may have and use a common seal; may sue and be sued; may plead and be impleaded in any court of law and equity in this State; and 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 city, and may make all such contracts in their corporate capacity as they may deem best for said city. Mayor and aldermen, powers. Sec. 3. Be it further enacted, That the term of mayor and aldermen shall each be two years, and until their successors are elected and qualified. Term of office. Sec. 4. Be it further enacted, That W. T. McDonald, who is at this time acting as mayor of the town of Vienna, shall act as the mayor of the city of Vienna until the second Monday in January, 1902; that Wiley Thigpen and P. G. McDonald, who are at this time acting as aldermen of said town of Vienna, shall continue to act as aldermen of the city of Vienna until the second Monday in January, 1902; that C. R. Morgan and J. J. Cooper, who are now acting as aldermen of said town of Vienna, shall continue to act as aldermen of the city of Vienna until the second Monday in January, 1902. Appointments. Sec. 5. Be it further enacted, That on the second Monday in January, 1902, there shall be held an election in said city of Vienna for the purpose of electing a mayor and four aldermen thereof. The mayor and two aldermen to hold their office two years from the date of their election, and two aldermen a term of one year from the date of their election. There shall be held annually, on the second Monday in January, an election to elect a mayor and two aldermen, or two aldermen only, if the mayor's term of two years is not about to expire. At such elections all persons

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who shall have been bona fide residents of said city for sixty days before the election day, 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, and shall be entitled to vote in said city elections, and no other shall be qualified to vote. Such elections shall be conducted under the management of a justice of the peace and two freeholders, residents of said city, and not candidates in said election, or in the absence of a justice of the peace, any three freeholders, residents of said city, not candidates in said electoin, may manage the same. Said managers shall conduct such elections as nearly as practicable as elections for the members of the General Assembly are conducted. The polls at such elections shall be opened at eight o'clock a. m. and closed at four o'clock p. m. After the first election held 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 residents of said city, to conduct said elections. 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 justice 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 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. Said affidavit shall be signed by each superintendent, or manager, in the capacity in which he acts. Said oath shall be administer by any officer of Dooly county, who is authorized by law to administer oaths, and if no officer be present, said oath may be made and subscribed by each manager in the presence of the others. The managers of the first and each subsequent election shall issue to the newly elected mayor, and each of the aldermen elected, a certificate of election, 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 hereinafter provided. Elections. Sec. 6. Be it further enacted, That vacancies in the office of councilmen by death, resignation, failure to elect, removal from office or from 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 from any of the causes

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above set forth shall be filled by an election, which shall be ordered and published five days by the council. Said newly elected persons to fill unexpired terms only. Vacancies. Sec. 7. 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 or affirm that I will faithfully discharge all the duties devolving on me as mayor (or alderman, as the case may be) of the city of Vienna, during my continuance in office, according to the best of my ability and understanding, and also support and defend the Constitution of the State of Georgia, and the United States, so help me God. Said oath shall be entered upon the records of the city. Mayor and aldermen, oath of. Sec. 8. Be it further enacted, That the mayor and aldermen shall elect, annually, at the first regular meeting of the city council in January, a mayor pro tem. from the aldermen, whose duty it shall be to act in all cases as mayor, 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 city marshal, a city attorney, a clerk and treasurer and when the growth of the city 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 city council for neglect of duty, incapacity, malfeasance in office. All of said officers shall be governed by such rules and regulations as may be prescribed by the mayor and city council, which are not inconsistent with the provisions of this Act. 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 service has passed, and to be compensated as they, 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 the same duties, as are prescribed for the regular policemen for the city. Mayor pro tem. and other officers. Sec. 9. Be it further enacted, That in no case shall the corporation herein created be liable in damages to any person or persons for any unlawful or unauthorized arrest, or false imprisonment made or effected by the marshal, or any of the policemen of said

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city, but if the damages are ever thus sustained, they shall be recovered out of the officer or officers, whose unlawful and unauthorized conduct may have produced them. Liability for illegal arrests. Sec. 10. Be it further enacted, That after the first election held under this charter, no person shall be allowed to vote in any election helf for said city who has not been duly registered as hereinafter provided. Sec. 11. Be it further enacted, That it shall be the duty of the clerk and treasurer, upon the first Monday in December of each year, to open a registration list, or book, for the registration of the qualified voters of said city; said list shall be kept open from 6 o'clock a. m. until 6 o'clock p. m. each and every day (Sundays and legal holidays excepted) until the first Wednesday in January, when it shall be fairly and absolutely closed. It shall be the duty of the clerk and treasurer, upon application in person, and not by proxy of any male citizen, who is qualified to vote for members of the General Assembly, who has paid all taxes of every character legally imposed, and demanded by the authority of the city, and who, upon the day of election, if then a resident, will have resided in said city for sixty days prior thereto, to register the name of such person, recording on said list, beside the applicant's name, his age, occupation or business, and the locality in the city where he resides; said clerk and treasurer shall not knowingly permit any one to register who is not lawfully entitled to do so, and may in any case before registering the applicant administer to him the following oath: You do solemnly swear that you are a citizen of the United States; that you have resided in Georgia for twelve months, in this county for six months, and in this city for sixty days, next preceding this registration, or that by the date of the next city election, if still a resident of the city, you will have fulfilled these conditions; that it is your intention to remain a resident of the city until the day of the election; that you are twenty-one years old; that you have paid all taxes due the city of Vienna, and that you have made all returns required of you by the ordinances of this city, so help you God. Registration of voters. Sec. 12. Be it further enacted, That it shall be the duty of the clerk and treasurer to prepare a list of the names registered, arranged in alphabetical order, and publish the same in some newspaper published in said city, between the time of said registration list and the day of election, or if there be no such newspaper, or no issue thereof in which said list can be published, then he shall post copies of said alphabetical lists at two of the most public places in said city for two days before the election. It shall also be the duty

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of the clerk and treasurer to furnish the managers of the election at or before the opening of the polls, on the day of the election, with a complete list of all the registered voters, arranged in alphabetical order, certified to under the hand of the clerk and treasurer, and the corporate seal of the city. Said lists shall be kept by the managers before them for their inspection during said election, and they shall not permit any one to vote whose name does not appear upon the list, and when said election is over, it shall be the duty of the said managers to return said lists to the city clerk and treasurer, to be by him safely kept and preserved. Lists of registered voters. Sec. 13. 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 of Dooly county, he shall be punished as prescribed in section 4310 of the Code of this State of 1895. Illegal voting. Sec. 14. Be it further enacted, That any person qualified to vote at said city election as above provided for, eligible to hold office, according to the Constitution and laws of this State, shall be eligible to hold any office in this city. Eligibility. Sec. 15. Be it further enacted, That the salary of all officers of the city of Vienna shall be fixed by the mayor and city council, at the first regular meeting in January of each year, which salaries shall not be increased or diminished during the terms of office of said officers. Salaries Sec. 16. Be it further enacted, That the mayor and city council shall have full power to levy and collect an ad valorem tax, not to exceed one per cent. upon all property, real or personal, within the incorporate limits of the city of Vienna, which is taxable under the laws of this State. Said ad valorem tax shall be for the purpose of defraying the general expenses of the city government. Property tax. Sec. 17. Be it further enacted, That said mayor and city council shall have authority, in addition to the ad valorem tax above provided for, to levy and collect a specific tax upon all billiard tables, pool tables, ten or nine-pin alleys, and all tables and alleys of any kind used for the purpose of gaming or carrying on games of chance by selling cards, tickets or numbers, or by turning a deal or wheel, selecting a designating card, pictures, envelopes or photographs, from a number of similar articles or objects, or by pitching rings at sticks or knives, or throwing dice, or by any other artifice or contrivance whatever. They shall also have authority to levy a tax in such sums as they may see proper upon all circuses, sleight of hand performances, tricks of legerdemain, theatrical exhibitions,

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lectures and other shows which may exhibit in said city, such taxes to be for each exhibition, and to be collected, if not voluntarily paid, by execution, as hereinafter provided in this Act for other taxes. Said mayor and city council shall also have authority to levy and collect such license taxes upon any and all business occupations of whatever kind or character, carried on for any length of time in said city, as they may see proper, and to enforce the collection of the same as in case of other taxes. Specific taxes. Licenses. Sec. 18. Be it further enacted, That said mayor and city council shall have full power and authority to remove or cause to be removed all buildings, porches, steps, fences, or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks or public squares in said city. They shall have power, if necessary, to establish a market in said city; to regulate all butcher pens, slaughter houses, tanyards, livery stables, blacksmith shops, forges, stoves and chimneys, steam saw-mills, steam grist-mills, mill ponds, fish ponds and steam gins within said city, and remove, or cause to be removed, the same or any of them in case they become nuisances, dangerous or injurious to the health of the city. They shall have the power also to fill up all pits, cellars or excavations in said city, or cause the owner to do so, when they shall deem it necessary for the public interest for the same to be done. They shall have power to license and regulate all taverns and public houses; to license and regulate all drays, omnibuses, hacks, wagons, and other vehicles owned, or kept for use and hire in said city, and to regulate and control all public pumps and wells, fire companies and engines, or any apparatus of like character in said city. They shall have power to remove, or cause to be removed, all dilapidated or unsafe buildings, fences, chimneys, etc., which may be considered dangerous, or considered a nuisance. Municipal powers. Sec. 19. Be it further enacted, That said mayor and city council of Vienna shall have power to license and appoint annually as many auctioneers, or vendue masters, for the city, as they may deem proper, and to fix and collect the amount of license fees required of each. They shall further have power to levy a tax upon all goods sold at auction in said city, to be paid by the auctioneer. They shall have power and authority to license all other occupations or business not herein provided for and not otherwise taxed. Auctioneers. Sec. 20. Be it further enacted, That said mayor and city council shall have the sole and exclusive power and authority to regulate the sale of spirituous liquors, vinous, malt and intoxicating liquors in said city; to grant license for the sale of the same; fix the fees for said license; to establish such regulations and restrictions with

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reference to the sale of the same as they may see proper, and to impose penalties upon persons selling such liquors without license, or for violating any of the city ordinances regulating the sale of the same. Liquor, sale of, license for. Sec. 21. Be it further enacted, That the mayor and city council shall have power and authority to lay out, open, widen, straighten, or otherwise change the streets and alleys of said city, and shall have the power to lay off, vacate, close up, open, alter, curb, pave, drain and repair the roads, streets, bridges, sidewalks, alleys, crosswalks, drains and gutters, for the use of the public or any citizen of the city. They shall have the power to protect places of public worship, to provide places for the burial of the dead, and to regulate interment therein, to regulate the keeping of gunpowder and other combustibles and explosives, to make regulations for guarding against fires, and to fix and establish fire limits, and from time to time to change, enlarge or restrict the same. Streets. Churches and cemeteries. Fire limits. Sec. 22. Be it further enacted, That said mayor and city council shall have power and authority to pass all such ordinances and regulations for the government of said city, for the suppression of disorderly conduct, the protection of life and property, the maintenance of the public peace, and the protection of the public health, which are not repugnant to the Constitution and laws of this State, or of the United States, as they may see proper to do, and to prescribe and enforce penalties for the violation of the same. Municipal powers. Sec. 23. Be it further enacted, That all male residents of said city between the ages of sixteen and fifty years, who have resided in said city thirty days before the first day of April of each year (except licensed ministers of the gospel in charge of one or more churches), shall be subject to work the streets of said city, not to exceed twenty days in each year, or to pay a commutation tax in lieu thereof, not to exceed five dollars, as the mayor and council may determine. Should any person liable to work the streets of said city under this section fail or refuse so to do, or to pay the street tax assessed in lieu of such service, after having received due notice from the marshal so to do, such persons may be sentenced by the mayor to work upon the streets of said city for and during the term of not exceeding thirty days, under the direction and con-control of the city marshal, or to confinement in the guard-house for a term not exceeding twenty days, in the discretion of the mayor. Street work or commutation tax. Sec. 24. 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 as prescribed by said city, the clerk and treasurer shall issue

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an execution against such delinquent taxpayer for the amount due by him or her to the city, which shall be signed by the clerk and treasurer in his official capacity, and bear test in the name of the mayor and city council of Vienna. Said execution shall bind all the property that said defaulting taxpayer owned in said city on the first of April in 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 such defaulting taxpayer, shall, if levied upon, be personal property, advertise the sale by posting a notice thereof in three of the most public places in said city for ten days before the sale, and if the property be real estate, he shall advertise same once a week for four weeks in the public gazette wherein the sheriff's sales of Dooly county are advertised before selling the same. All sales under such execution shall be made by the city marshal before the door of the council chamber, or at such place as the mayor may direct, notice of which place and the time of the sale shall be contained in the advertisement. The property levied upon shall be sold by the marshal at public outcry, within the hours allowed by law for sheriff's sale, to the highest and best bidder. Where personal property is sold, the marshal shall deliver possession thereof on the spot to the purshaser; where real estate is sold, the marshal shall make to the purchaser a deed, which shall be as effectual in passing the title as the deed of the person against whom the execution is issued; and it shall be the duty of such marshal, upon application by the purchaser, or his agent, to put said purchaser, or his agent, in possession of the real estate sold; provided, said marshal shall not be authorized to turn out any other person than such delinquent taxpayer, his heirs, tenants or assignees since the lien of the city for taxes attached. The clerk and treasurer shall be entitled to fifty cents costs for each fi. fa. issued, and the marshal to the same fees for levies as are by law allowed to bailiffs in this State, and to the same fees for selling as are received by the sheriffs of this State. Tax executions, [Illegible Text] levies and sales. Sec. 25. Be it further enacted, That said mayor and city council of Vienna shall have the power and authority to establish and provide regulations for a 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 or provisions of this charter, and for the safe detention of all disorderly persons, and all persons committing or attempting to commit crimes. Guard-house. Sec. 26. Be it further enacted, That the marshal, or any policeman of said city, shall have the right to take up all disorderly persons,

Page 698

and all persons committing or attempting to commit any crimes, and to confine them in the guard-house to await their trial, or give bond, or put up a bonus in good, sufficient amount for his appearance at said trial, all in discretion of mayor. Arrests. Sec. 27. Be it further enacted, That the mayor and members of the council 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 city of Vienna, and shall have full power, on examination, to commit the offender or offenders to the guard-house in said city, or to the jail of Dooly county, or to bail them, if the offense be bailable, to appear before the next supperior court of Dooly county. Mayor and aldermen, ex-officio justices of the peace. Sec. 28. 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 or regulations of said city, and upon conviction to punish such offenders by a fine not to exceed $100.00 and costs, or by labor on the streets of said town, under the control and direction of the city marshal, not to exceed sixty days, or by confinement in the guard-house not to exceed thirty days. The mayor may, in his discretion, sentence the offender to imprisonment in the guard-house, or to work upon the streets for a specified time, and may allow in such sentence a commutation of such punishment upon the payment of a specified fine not to exceed one hundred dollars and costs; either or all of aforesaid punishments may be inflicted, in the discretion of the mayor. The mayor, when presiding in such police court, shall have authority to punish for contempt by a fine not exceeding five dollars, or imprisonment in the guard-house not to exceed forty-eight hours. Police court. Sec. 29. Be it further enacted, That whenever any execution issued by the proper authority of said city for fines, forfeitures, taxes, licenses, or any other debt or demand due said corporation, shall be levied upon any property which is claimed by another person, not a party to the execution, said claim shall be interposed under the same rules, regulations and restrictions as regulate claim cases under the laws of this State, and the same claim shall be returned and tried before a jury in the first justice court, or the superior court, having jurisdiction thereof, as the case may be. Claims Sec. 30. Be it further enacted, That the mayor and city council shall prescribe, by ordinance, the time and manner in which the person or persons to whom all property, occupations, etc., shall be returned for taxation by said city. Returns for taxation. Sec. 31. Be it further enacted, That said mayor and city

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council shall have power and authority each year, if in their discretion they see proper, to appoint three assessors, whose duty it shall be to value the real estate and personalty in said city for taxation, and to scrutinize carefully each return of property, real or personal, by any taxpayer of the city, and if, in their judgement, they shall find the property embraced in the return, or any portion of it returned below its value, they shall assess the value thereof within fifteen days. Whenever the assessors shall raise the valuation at which the taxpayer has returned his property, they shall give him written notice of their assessment, and it shall be the taxpayer's privilege, if dissatisfied with the assessment, to have the matter left to three disinterested persons, residents of said city, one of whom shall be selected by him, one by the assessors, and the other by these two so selected, and a majority of these arbitrators shall fix the assessment, which shall be final and conclusive. Tax assessors. Sec. 32. Be it further enacted, That the clerk and treasurer of the city of Vienna shall give bond, in the sum to be fixed for his term of office by the mayor and city council, with at least two good securities, conditioned for the faithful performance of his duties as clerk and treasurer of said city, which bond shall be approved by the mayor, and shall be made payable to the mayor and city council of Vienna, and their successors in office. He shall also take an oath before the mayor that he will, to the best of his skill and power, faithfully perform the duties without favor or partiality. Clerk and treasurer, bond and oath. Sec. 33. Be it further enacted, That the said mayor and city council shall have authority, if in their discretion they see proper so to do, during the month of March in each year, to appoint five fit and proper persons who shall constitute the board of health of said city. When the board of health is appointed it shall be its duty to meet once a week, or as often as it may be necessary, to visit all and every part of the city, and to report in writing to the mayor and city council all nuisances which are likely to endanger the health of the city or any of the neighborhood. Said mayor and city council shall have the power, upon the report of the board of health, to cause said nuisance to be abated, and cause the recommendations of the board carried out in a summary way at the expense of the party whose acts or negligence caused said nuisance, or the owner of the premises, as the council may elect. Board of health. Sec. 34. Be it further enacted, That said mayor and city council shall have power and authority, upon the recommendation of the board of health, to cause the owners of lots or parcels of land in said city to drain the same, or to fill the same to the level of the street or alley upon which they front, or to drain any pond or pool of water thereon; also to compel the owner or owners of cellars

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occasionally holding water to cause the same to be emptied of the water, or filled up if necessary; and in case the owner of said lot or lots or parcel or parcels of land shall fail or refuse, after reasonable notice to him or his agent, to comply with requirement of said mayor and city council, by filling up said lots or parcels of land, or by draining the same, or by draining any pond or pool of water thereon, or by emptying or filling up said cellars, it shall be lawful for the said mayor and city council to employ some one or more persons to do the same, and for the amount expended for this purpose, the clerk and treasurer shall forthwith issue an execution against the owners of said property to be collected from said lot or parcel of land or out of any other property belonging to him; and the sale under such execution by the marshal shall pass the title as completely to the purchaser as a sale under a judgment and execution by the sheriff of the county. They shall also have authority, upon the recommendation of such board of health, to make and enforce (for any length of time) such rules and regulations as they may deem proper to prevent the introduction into said city of any infectious 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 and the preceding section by the mayor and city council, in their discretion, without the recommendation of the board of health, if at that time such board exists in the city. Sanitary regulations. Sec. 35. Be it further enacted, That said mayor and city council shall have the right at any time to fill any vacancies that may occur in said board of health. Vacancies in board of health. Sec. 36. 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 city council, or either of them, for any act or acts done by them, or either of them, under and in accordance with its provisions and the ordinances passed in pursuance thereof. Charter rights. Sec. 37. Be it further enacted, That said mayor and city council shall have power and authority to compel the owners of property to pave, or otherwise keep in good order and condition as they may direct, the sidewalks in front of such property; they may restrict the operation of any ordinance passed in pursuance of the power conferred in this section to any designated part of the city, or in any way they may deem best. Should any owner fail or refuse to comply with any ordinance passed in pursuance of this section, the work may be done by the city, and the expense attending the same collected by execution issued against said owner. Sidewalks. Sec. 38. The mayor who presides in the mayor's court may call

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said court whenever he may deem it necessary to clear the guardhouse or docket of said court. Mayor's court. Sec. 39. Be it further enacted, That the mayor and city council of said city shall have power to take up and impound any horses or mules, cattle, hogs, or other animals running at large within the limits of said corporation, and to pass such ordinances as may be deemed by them necessary for the proper regulation of stock within said city. Stock law. Sec. 40. Be it further enacted, That the mayor and aldermen of said city shall have the power to compel the removal to the smallpox hospital of any person or persons who shall have smallpox in or near said city, in the county of Dooly, and who do not provide their premises with sufficient guards to completely quarentine them; but even when the premises on which the said person may be, who shall have the smallpox, shall be sufficiently guarded, it shall still be in the power of the mayor and aldermen, when it is deemed necessary and best, to remove said person having smallpox to the smallpox hospital. The mayor and aldermen of the city of Vienna shall have power and authority to declare, by resolution, that vaccination shall be compulsory upon all persons residing in said city of Vienna, or within one mile of the corporate limits of the same (and for this purpose said city authorities are hereby given police jurisdiction over all the territory within said one mile of the present limits of said city), and upon all persons who may be working or sojourning in said city, whether they be permanent residents or not of said city; and said mayor and aldermen shall provide in said resolution the time within which all persons above referred to shall be vaccinated; and any person failing to be vaccinated within the time required in said resolution shall, upon conviction, be punished by a fine of not more than one hundred dollars, or imprisonment in the city guard-house or the county jail. Smallpox. Vaccination. Sec. 41. Be it further enacted, That the mayor and [Illegible Text] council of Vienna are hereby authorized to levy a tax annually, in addition to that authorized by section 16, of this Act, not to exceed one-half of one per cent., on all the real and personal property in the city of Vienna, for the purpose of establishing and maintaining a system of public schools in said city; provided, the money so raised by taxation shall be used only for school purposes, as in this Act set forth. School tax Sec. 42. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, the mayor and aldermen of the city of Vienna be, and they are hereby authorized and empowered to issue bonds of said city in such sums and at such time

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as they may see proper, not to exceed in the aggregate the sum of ten thousand dollars, of the denomination of $100.00 each, to become due and payable at such time or times not to exceed thirty years from the date of the issuance thereof, as said mayor and city council shall determine, and bear interest not to exceed six per cent. per annum, said bonds to be issued, sold and hypothecated for the purpose of purchasing, building, completing and equipping public school buildings, and improving the system of water-works in aforesaid city. School bonds. Sec. 43. Be it further enacted by the authority aforesaid, That the mayor and city council of said city are hereby authorized and empowered to levy, assess, and collect annually a sufficient tax upon and from the taxable property in said city, in addition to the tax hereinbefore authorized for other purposes, to pay the principal and interest of said bonds as they shall become due. This tax shall be separately levied, assessed and collected, for the specific purpose herein designated, and shall not be used or applied for any other purpose whatever. Said mayor and council are hereby authorized to issue interest coupons, payable annually, for the interest on said bonds. Any money remaining on hand, received and collected by taxation under this section of this Act, after the payment of the maturing interest coupons and bonds each year, shall be held by the mayor and council as a sinking fund for the payment of the bonds and interest maturing next year. Tax to pay bonds. Sec. 44. Be it further enacted, That the said bonds be signed by the mayor and clerk of the council of said city, and negotiated, sold and hypothecated in such manner and in such sums and at such times as the mayor and council may determine for the best interest of said city, and the speedy execution of the object of this Act; and the money arising from the sale or disposition of said bonds shall be used by the mayor and council of said city in building, purchasing and equipping suitable public school buildings, and improving the water-works in said city, upon such terms, and in such localities as the trustees of said school, appointed as hereinafter designated, and the mayor and council, may deem best for said city, school and water-works. Bonds, sale of, proceeds. Sec. 45. Be it further enacted, That the provisions of this Act, in relation to the establishment and maintenance of public schools in said city, and the issuing of bonds of said city, with the proceeds of which to purchase, build and equip public school buildings of said city, and improvement of water-works, shall be separate and distinct questions, to be voted upon separately, at the same time or at different elections, as the mayor, in his discretion, may order,

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and shall not go into effect or become operative until the question of establishing public schools in said city, and the issuing of said bonds, shall have been submitted to a vote of the qualified voters of said city, under regulations adopted by the mayor and council of said city, and approved by a two-thirds vote of the persons qualified to vote at an election or elections held for that purpose, in accordance with the Constitution of this State, which said election or elections shall be held under an order of the mayor, and shall be advertised thirty days immediately preceding such election or elections at the city hall in said city, and in the official newspaper published in said city; provided, that the mayor shall have provided, at the expense of said city, the votes to be cast in said election or elections having written or printed on them, For public schools and Against public schools; For bonds and Against bonds. If the questions submitted at said election or elections shall be decided affirmatively, in accordance with the terms of this Act, it shall be the duty of the corporate authorities of said city, in accordance with the various sections of this Act in relation thereto, to levy and collect a tax, and issue and dispose of the bonds of said city, but should the questions, or either of them, be decided negatively at such election or elections, the effect shall be only to suspend the various sections of this Act in relation thereto. Elections. Sec. 46. Be it further enacted, That if, at said election or any future election under section 44 of this Act, the question or questions voted on shall be decided against the establishment of said schools, or against the issuance of bonds under sections 43 and 45 of this Act, it shall be the duty of the mayor of said city, upon recommendation of the council, or upon written application of ten qualified voters of said city, to order another election, which shall be held as required by this Act. Other elections, how ordered. Sec. 47. Be it further enacted, That any election held under this Act shall be governed by the same rules and regulations as the elections held for mayor and aldermen of the city. How held. Sec. 48. Be it further enacted by the authority aforesaid, That whenever at an election held to decide whether public schools shall be established in said city, the same shall be decided affirmatively by a two-thirds vote of the qualified voters of said city, as required by section 43 of this Act, it shall then be the duty of the mayor and city council to elect, as early as practicable, five trustees from among the citizens of said city, three of whom shall hold their office one year, and two for two years from the date of their election. After said election all vacancies occurring in said board, by expiration of term of office or otherwise, shall be filled by nomination

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or election by the mayor and aldermen of said city. All elections to fill vacancies, caused by term of members expiring after the said first election by the mayor and council, shall be for three years; the members of said board of trustees shall be male citizens of Vienna, 21 years of age, and of good moral character; provided, that neither the mayor nor aldermen of said city shall be eligible to membership in said board. Board of trustees. Sec. 49. Be it further enacted, That said board of trustees, when elected as provided for in section 46 of this Act, shall have authority to establish and from time to time modify a system of public schools for the city of Vienna. Said board shall have authority to purchase and rent buildings, appurtenances and furniture for school purposes, employ teachers, to suspend or discharge them for good cause, to prescribe the terms upon which students are to be received into said school, and to establish such rules, regulations and by-laws as they may deem right and proper in maintaining a system of public schools in said city; provided, said regulations are not inconsistent with the Constitution and laws of this State; provided, further, that the money raised by this Act, or which said board may receive by authority of this Act, shall only be used in giving instructions between the ages of six and eighteen. Said board of trustees shall have authority to admit students in said schools who do not come within the required ages, but such students, upon coming into the school, must pay such fees for tuition as said board may determine as proper. Trustees, powers and duties Sec. 50. Be it further enacted, That the officers of said board of trustees shall consist of a president, vice-president, and secretary. The treasurer of the city of Vienna shall be ex officio treasurer of said board. Said officers, except the treasurer, shall be elected in such manner and at such times as said board of trustees may determine, and said board shall prescribe the duties of its officers. Officers of board. Sec. 51. Be it further enacted, That so long as public schools are maintained in the city of Vienna, the school commissioner of the county of Dooly is hereby authorized and required to pay over to the treasurer of said board, for the use of the public school under such rules and regulations as said board may prescribe, the proportion of the common school fund arising from any source, belonging to said city, to be by them expended in the establishment and maintenance of the said public schools as authorized and directed by the Constitution and laws of this State. Pro rata share of State school fund. Sec. 52. Be it further enacted, That it shall be the duty of the mayor and council of the city of Vienna to levy and collect the taxes hereinbefore provided, and to keep a separate account of

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the same to the credit of the public school fund, which fund shall be subject to the order of said board for support and maintenance of public schools. Said taxes shall be collected by levy and sale, as provided by the charter and ordinances of said city, and no persons shall have the benefit of said schools who fail or refuse to pay all taxes assessed against them by said city authorities. School tax. Sec. 53. Be it further enacted, That all children whose parents, guardians, or natural protectors have been bona fide residents within the corporate limits of said city for thirty days immediately preceding their application for admission into said schools shall be entitled to the benefit of said schools. The board may also admit children into said schools whose parents, guardians or natural protectors do not reside within the corporate limits of said city, upon the payment of such tuition fees as the board may deem reasonable and proper. All sums arising from this source shall be used only for the purpose of maintaining said schools. School children. Sec. 54. Be it further enacted, That said board of trustees shall provide separate schools in which the white and colored children must be taught. Said board are authorized to receive all gifts and donations, and appropriate the same to the support and maintenance of the public schools of said city. Separate schools for whites and blacks. Sec. 55. Be it further enacted, That all ordinances heretofore adopted by the mayor and aldermen of the town of Vienna for said town, and which are now in force, and which are not in conflict with this Act, shall remain in full force and effect; provided, the mayor and aldermen of the city of Vienna may at any time repeal, alter or amend any or all ordinances heretofore passed, or they may by ordinance repeal all of said ordinances. Existing ordinances. Sec. 56. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 10, 1901. VIENNA, TOWN OF, CHARTER REPEALED. No. 237. An Act to repeal the charter of the town of Vienna, in Dooly county, Georgia, approved September 30th, 1881, and all amendments thereof. Section 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage and approval of this

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Act, the Act entitled An Act to repeal an Act entitled an Act to incorporate the town of Vienna, in the county of Dooly, and to appoint commissioners, assented to December 22nd, 1857, and to re-incorporate the town of Vienna, to provide a government for the same, and to define its powers and liabilities, and all subsequent amendments to said Act be, and the same are, hereby repealed. Vienna, town of, charter repealed. Sec. 2. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 27, 1901. WALESKA, TOWN OF, CHARTER AMENDED. No. 254. An Act to amend the charter of the town of Waleska, approved November 13th, 1889; to provide for the establishment of a board of education in said town; to provide for the number, election, and terms of the members thereof; to define the duties of said board; to provide for the levy of a school tax, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, a board of education shall be established in the town of Waleska, composed of five members. The mayor of said town shall be ex officio member of said board. The members of said board shall be elected by the mayor and council of Waleska only from the membership of the board of trustees of the Reinhart Normal College, resident in the county of Cherokee. Said members shall be elected for a term of five years, or until their sucessors are duly elected and qualified. The resignation or removal of a member from said board of trustees, or the removal of the residence of a member from the county of Cherokee, shall operate as a resignation or removal from said board of education. The right to declare a vacancy for the aforesaid causes shall be in the said board of education. Said board of education shall receive and disburse the public school fund to which the schools conducted within the corporate limits of said town are entitled under law. Said board of education shall make rules for its own organization and government, and for the organization, government, control, discipline and welfare of the schools of said town. Waleska, town of. board of education. Sec. 2. That the mayor and council of said town shall, for each

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year after the passage of this Act, levy a certain fixed tax upon the taxable property of said town, which said tax shall be included in the amount of the general tax levy of said town, and shall collect the same in the same manner of other general taxes. That in addition to said tax, said mayor and council shall have power to levy and collect, and add to said fund, any special tax which it now has the right to levy. That said tax for school purposes, as aforesaid, as collected, shall be turned over to said board of education, to be disbursed under the general powers of said board for the purposes aforesaid. School tax. Sec. 3. That all laws or parts of laws in conflict with the foregoing be, and the same are, hereby repealed. Repealing clause. Approved November 27, 1901. WALESKA, TOWN OF, CHARTER AMENDED. No. 314. An act to amend the charter of the town of Waleska; to extend the boundaries of said town for police, sanitary and school purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, that the corporate limits of the town of Waleska (in the county of Cherokee) be extended two miles in every direction from the present corporate limits, for the purpose of extending the jurisdiction and power of the said municipal authorities of said town, authorizing and empowering them to provide reasonable police and sanitary regulations for said territory, and to also increase the jursdiction of said municipal authorities by giving them full control and government of the schools in said territory, fully authorizing and empowering said municipal authorities to establish such schools and make such rules and regulations for the government and control thereof, within said territory, as is now provided by the charter of said town. Waleska, town of. Corporate limits. Sec. 2. Be it further enacted, That all laws in conflict with the foregoing be, and are, hereby repealed. Repealing clause. Approved December 14, 1901.

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WARRENTON, TOWN OF, PUBLIC SCHOOLS FOR. No. 244. An Act to establish public schools for the town of Warrenton, Warren county; to authorize and empower the mayor and council of said town to levy and collect a tax for the support and maintenance thereof; to create a board of education of public schools for said town; to authorize the county school commissioner of Warren county to pay to said board of education of public schools such part of the State school fund as may be the proper pro rata amount on account of the pupils in said public schools, 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, there shall be established in the town of Warrenton, in said State, a system of public schools, supported and provided for in the manner hereinafter set forth. Warrenton, town of, public schools for Sec. 2. Be it further enacted, That the following named persons, to-wit, E. B. Farmer, J. C. Jarnagin, W. C. English, W. F. Wilhoite, E. P. Davis, C. E. Fitzpatrick, and Geo. R. Manes, are hereby made the board of education for said town, and shall enter upon their duty as such as soon as this Act is approved by the vote of the people as hereinafter provided for, and that fact declared by the proclamation of the mayor. Board of education. Sec. 3. Be it further enacted, That all vacancies in said board of education, caused by death, resignation or removal from said town, shall be filled by the remaining members of the board from citizens of said town. But any one of said board of education may be removed from office by the remaining members for misconduct in office, or for inattention to his duties, and his vacancy filled by the remaining members of the board. Vacancies. Sec. 4. Be it further enacted, That said board of education shall have authority 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 time to time, as circumstances may require; establish such schools as they may deem proper, not exceeding one for the white race and one for the colored race; no white child shall attend the colored school, and no colored child shall attend the white school; to appoint, remove or suspend teachers in their discretion; to fix salaries of teachers; to prescribe a curriculum, or

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course of study, and adopt text-books; to make such by-laws for the control and government of said schools as they think proper, and do all lawful acts conducive to the proper and successful operation of said school system. Powers and duties Sec. 5. Be it further enacted, That the mayor and council of said town shall each year levy such tax upon all the property in said town subject to taxation, as will be sufficient, when added to the town's pro rata part of the State school fund, to support and maintain said schools for at least nine scholastic months in each year, and shall collect the same by the first of April in each year, and pay over the same to the board of education, which fund shall be used to provide buildings, for the payment of teachers of the public schools herein provided for; provided, however, that said tax shall not exceed three-fourths (3-4) of one per cent. per annum upon said taxable property. Property tax. Pro rata share of State school fund. Sec. 6. Be it further enacted, That after the ratification of this Act by the election hereinafter provided for, it shall be the duty of the county school commissioner of Warren county, and he is hereby required to pay over to said board of education that portion hereby required, to pay over to said county, to which the schools in said town may be entitled under the laws of Georgia, and the rules of distribution under which the county board of education assigns to the schools of the county their pro rata share of the school funds under existing laws. Pro rata share of county school fund. Sec. 7. Be it further enacted, That all children following the prescribed course of study, whose parents, guardians or natural protectors reside within the corporate limits of said town, or whose parents, guardians or natural protectors do not reside within the incorporate limits, but who own property in said town to the value of one thousand dollars ($1,000), shall be entitled to the benefits of this Act while attending said schools, and said board may provide for the admission of any residing out of said limits, upon such terms and conditions as to said board seem reasonable and just. Beneficiaries. Sec. 8. Be it further enacted, That before this Act shall become operative, its adoption shall be submitted to the qualified voters of said town, for which purpose the mayor and council of said town shall order an election, of which two weeks' notice shall be given after the passage of this Act, in the Warrenton Clipper, and such other notice may be given as the said 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 qualification of voters shall be same. Those in favor of this system shall have written or printed on their tickets,

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For schools, and those opposed to it, Against schools. If two-thirds of the persons qualified to vote at such election cast their votes for schools, then this Act shall become operative; if the result shall be against schools, said mayor and council shall submit the same at another election in the same manner as hereinafter provided, after an interval of six months, upon the petition of one-third of the qualified voters of the town, and may do so from time to time upon such petition. Election. Sec. 9. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved November 27, 1901. WASHINGTON, DISPENSARY FOR. No. 303. An Act to establish, maintain and regulate a dispensary in the city of Washington, Wilkes county, Georgia, for the sale of ardent liquors, malt liquors, wines, ciders and other intoxicants, and to establish and perpetuate a board of commissioners for the management of said dispensary, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the mayor and council of the city of Washington, Georgia, shall have authority to establish and maintain a dispensary in said city of Washington for the sale of ardent spirits, malt liquors, wines, ciders and other intoxicants. There shall be a board of three dispensary commissioners, to be known as dispensary commissioners of the city of Washington, whose term of office shall be three years, one of said commissioners to be appointed by the judge of the superior court, one by the judge of the city or county court, and one by the mayor of the city of Washington. The commissioners so appointed shall perpetuate the board of commissioners, filling all vacancies that may appear in said board during their term of office, and said board shall elect from their number a chairman, a secretary and treasurer, requiring good and sufficient bond of the treasurer, to be approved by the board of dispensary commissioners. Said board of commissioners shall have the power to sue and be sued, plead and be impleaded in all the courts of this State. The dispensary commissioners provided for in this Act, before entering upon the discharge

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of their duties as such, shall take and subscribe before some qualified officer an oath that they will faithfully and honorably discharge all the duties imposed on them by the provisions of this Act. Washington, dispensary for. Commissioners. Sec. 2. Be it further enacted by the authority aforesaid, That the dispensary commissioners so chosen may establish and maintain, at some convenient point in the city of Washington, Georgia, a dispensary for the sale of ardent spirits, malt liquors, wines, ciders and other intoxicants. They shall, on the day after their qualification and organization, and annually thereafter, elect a man who shall be of good moral character and sober habits, to be known as the dispensary manager, who shall have charge and control of said dispensary under their supervision. Said manager shall be chosen for the term of one year, but shall be removable at any time by said commissioners for neglect of duty or violation of any law, and said commissioners shall fill his place at once. Said dispensary manager shall be required to take and subscribe an oath that he will faithfully and honestly discharge the duties required of him by this Act. Said dispensary manager shall also be required to give bond, with good security, to be approved by the board of commissioners, in such sum as the board may determine, conditioned to faithfully account for all goods and moneys that may come into his hands as such manager, and for the faithful performance of all duties required of him by this Act, and by such rules and regulations as the board of commissioners may enact. He shall receive such salary as the board of commissioners may fix, and his compensation shall not be dependent upon the amount of his sales. Manager. Sec. 3. Be it further enacted by the authority aforesaid, That said dispensary commissioners shall make, from time to time, rules and regulations for the operation of said dispensary, not in conflict with the provisions of this Act. The quantity of liquor to be sold to any one purchaser at any one time shall not exceed four gallons, and in no event shall liquors be furnished in less quantities than half pints, and none shall be drunk in the building or on the premises where said dispensary is located. Said dispensary shall not be opened before sunrise, and shall be closed each day before sunset, and shall remain closed on Sundays, election days, and such other days as the commissioners may direct. Regulations. Sec. 4. Be it further enacted by the authority aforesaid, That the manager of said dispensary shall sell to no person or persons any of said ardent spirits, malt liquors, wines, ciders or other intoxicants except in sealed packages, and he shall not keep any broken packages in said dispensary, and whenever an original package is

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broken, it shall be at once bottled and sealed. Said manager shall make a daily report to said commissioners, showing the amount of sales for the preceding day. Said commissioners may cause an inspection and analysis of the stock on hand, from time to time, by a competent chemist, the expenses of which may be paid out of any funds in the hands of the treasurer. Sales. Sec. 5. Be it further enacted by the authority aforesaid, That said manager shall not allow any person or persons to loiter in or about said dispensary, or the premises on which it is situated, and any one failing to comply with the provisions of this Act, or the ordinances passed by the municipal authorities of the said city of Washington, shall, upon conviction thereof before the said town authorities, be punished as prescribed by the ordinances of said city. Loiterers. Sec. 6. Be it further enacted by the authority aforesaid, That the council of said city shall have power and authority to pass all ordinances to carry out the purposes of this Act, and to provide suitable penalties for the violation of any provisions. City ordinances Sec. 7. Be it further enacted by the authority aforesaid, That said dispensary shall be maintained and operated from the profits arising from the sale of said ardent spirits, malt liquors, wines, ciders, and other intoxicants; provided, to inaugurate said dispensary, and purchase the first stock, said board of commissioners are hereby authorized to borrow or pledge the credit of the board, said obligation to be paid out of the first profits realized from said dispensary. Dispensary, how established and maintained. Sec. 8. Be it further enacted by the authority aforesaid, That said board of commissioners shall have full power and authority, together with the mayor and council of Washington, Georgia, at any time they deem it for the best interest of said city of Washington, to suspend or discontinue said dispensary, and to close out all stock on hand. It is further provided that the provisions of the foregoing Act shall not go into effect until adopted by a majority of the qualified voters residing within the corporate limits of the city of Washington, at a regular election to be held within thirty days after the passage of this Act; that the mayor and council of said city of Washington shall advertise said election for the adoption or rejection of said Act, by posting notices at three public places within the corporate limits of said city, not less than five days prior to the holding of said election; that those voting in favor of the adoption of said Act shall have written or printed on their ballots the words, For dispensary, and that those voting against the adoption of said Act shall have written or printed upon their ballots the words,

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Against dispensary; that said election shall be held and the result declared under and by the same rules and regulations that control the election for mayor and councilmen of said city of Washington. Election. Sec. 9. Be it further enacted by the authority aforesaid, That the dispensary commissioners provided for in this Act shall receive as such commissioners a salary of twenty-five dollars, each, per annum, and the secretary and treasurer $25.00, each, per annum, additional, said salary to be paid out of the net proceeds of the dispensary. Salaries. Sec. 10. Be it further enacted by the authority aforesaid, That the net profits arising from said dispensary shall be equally divided, at least annually, between the county of Wilkes and the said city of Washington, and the same shall be paid to the proper officers of said county and city. Profits, how divided. Sec. 11. Be it further enacted by the authority aforesaid, That this Act shall not go into effect until November 1st, 1902. 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. Repealing clause. Approved December 16, 1901. WATKINSVILLE, TOWN OF, CHARTER AMENDED. No. 305. An Act to amend the charter of the town of Watkinsville, Georgia, so as to authorize the erection of school buildings for said town; to authorize the mayor and council of said town to levy and collect a tax to pay for said school buildings, or issue and sell bonds of said town to pay for said school buildings, and levy and collect annually a tax to pay accuring interest on said bonds, and maturing bonds, in case bonds are sold; to provide for and define the duties of a school board for said town; to fix the title of the Watkinsville Academy lot in the school authorities of said town, with power to sell or exchange the same for other property for school purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, section 12 of the charter of the

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town of Watkinsville, Georgia, approved August 29th, 1891, be, and the same is, hereby amended by adding the following to the end of said section, to wit: The mayor and council of said town of Watkinsville are hereby authorized to erect and equip school buildings for the town of Watkinsville, to levy and collect a tax upon all the taxable property in said town (said tax to be a uniform ad valorem tax) to pay for said buildings and furnishings, or to issue and sell bonds of said town of Watkinsville to pay for said buildings and furniture, and levy on and collect all of the taxable property in said town, annually, an ad valorem tax sufficient to pay accruing interest and maturing bonds, and sufficient to create a sinking fund to pay off bonds when due, if payment thereof shall be deferred. The mayor and council of said town are hereby authorized to order an election upon the question of issuing bonds to pay for said buildings as aforesaid, on any date fixed by them, after thirty days' notice, and any time after the expiration of thirty days from date of any previous election upon the same question, until said question has been settled in favor of the issuance of said bonds. Those voting in said election who favor the issuance of said bonds shall have written or printed upon their ballots, For school bonds; those who oppose the issuance of said bonds shall have written or printed upon their ballots, Against school bonds. Watkinsville, town of. School tax School bonds. Sec. 2. Be it further enacted by the authority aforesaid, That there shall be a school board, or board of education of said town of Watkinsville, under the corporate name of the board of education for the town of Watkinsville; said board shall consist of five members, to be appointed or elected by the mayor and council of said town at the regular meeting in June each year of said mayor and council. Two members of said board of education shall be appointed or elected for one year only; the other three shall be appointed or elected for two years, and as their terms expire, their successors shall be appointed or elected at the same time and in same manner, as aforesaid, for two years. The mayor and council shall have the power to fill vacancies in said board, caused by death, removal, or otherwise, at any regular monthly meeting. The mayor, nor any member of the council, shall be eligible to election upon said board of education, nor shall any other person be eligible to appointment or election upon the board of education who is not qualified to vote for mayor and council of said town at the previous election. Board of education. Sec. 3. Be it further enacted by the authority aforesaid, That the officers of said board shall consist of a chairman and secretary. No member of said board shall receive any compensation for his services thereon, except to be free from street tax. A quorum of

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said board shall consist of a majority thereof; said board shall have regular monthly meetings; the time of the same shall be fixed by them, and they shall meet oftener if their duties require it. Said board shall have authority to employ principals and assistant teachers for the schools of said town of Watkinsville, and to prescribe their duties, and to suspend or discharge them for causes. Said board of education shall have power to fix the compensation of all teachers employed in said schools, but not to incur any liability as said board of education, or otherwise, against said town of Watkinsville; to exercise general supervision over said schools, and do anything for the benefit, control and proper management of said schools. Officers of board. Quorum. Powers of board. Sec. 4. Be it further enacted by the authority aforesaid, That said board of education shall establish separate schools for the white and colored children of said town, and the white children shall be allowed to attend only white schools, and the colored children attend only the colored schools. Said board of education shall fix rates of tuition to be charged by the teachers of said schools, but shall not become liable to such teachers for any sum whatever. Separate schools for whites and blacks Sec. 5. Be it enacted by the authority aforesaid, That the present board of trustees of the Watkinsville Academy are hereby authorized to transfer the title of the Watkinsville Academy and lot to the school authorities of said town of Watkinsville, created under and by virtue of this Act, by quit-claim deed without an order from the court for that purpose. Watkinsville Academy. Sec. 6. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflite with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 12, 1901. WAYCROSS, CHARTER AMENDED. No. 329. An Act to amend an Act, approved November 1, 1889, entitled An Act to reincorporate the town of Waycross as the city of Waycross, and to confer additional powers on the said corporation, etc, so as to have six aldermen in said city of Waycross instead of five, as therein provided; and to divide the said city into six wards instead of five, as heretofore, and to fix the maximum salary of the mayor of said city; to allow the mayor and council thereof to have the streets of said city paved whenever two-thirds of the owners of abutting property, or their representatives, shall so request, and to assess and collect from the property and property owners on each street paved their respective proportionate share of the expense, which shall in no event exceed 66 2-3 per cent. of the entire expense incurred; to extend the term of office of the mayor and aldermen of said city from one to two years, and to repeal existing conflicting laws, and for other purposes.

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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 one of the Act, approved November 1, 1889, entitled An Act to reincorporate the town of Waycross as the city of Waycross, and to confer additional powers on said corporation, etc., be, and the same is, hereby amended by striking from the ninth line of said section the word five, and substituting therefor the word six, so that when amended said section shall provide for six aldermen for the city of Waycross instead of five, as therein stated. [Illegible Text] city of. Aldermen. Sec. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, section three of the above entitled Act be, and the same is, hereby amended in the second and third lines thereof, so that the same will read: The said city of Waycross shall be divided into six wards, and numbered respectively 1, 2, 3, 4, 5 and 6, so that when thus amended said Act will provide for six wards in said city instead of five, as therein stated. It is further hereby enacted, That wards 1, 2, 3, and 4 remain as designated and defined in said Act, and that ward 5, as therein designated, be divided so as to constitute and compose wards 5 and 6. Reynolds street shall be the dividing line, running east and west between said two wards from Gilmore street east to the incorporation line. The fifth ward to embrace all territory between Gilmore street on the west, Reynolds street on the north, and the corporation line on the south. The sixth ward, which is hereby created, to embrace all territory in said city between Reynolds street on the south, Gilmore street and the Savannah, Florida and Western Railroad on the north, and the corporation line of the east. It being the purpose of this Act to allow wards one, two, three and four to remain intact, as they now exist, and to divide the old ward, five, by taking that portion hereinbefore described and making therefrom ward 6. City wards Sec. 3. Be it further enacted by the authority aforesaid, That

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section four of the above entitled Act be repealed, and the following substituted in lieu thereof: There shall be elected, at the next general election, to be held on the first Saturday in January, 1902, a mayor and six aldermen, and one of the aldermen shall be a resident of each ward; the said aldermen shall hold their offices as follows: The mayor shall be elected for a term of two years from the date of his election; the aldermen from second, fourth and sixth wards shall be elected for a term of two years from the date of said election, and the aldermen from the first, third and fifth wards shall be elected for a term of one year from the date of said election, and thereafter the elections for mayor and aldermen shall be for a term of two years, and thus allow the terms of only three members of the board of aldermen to expire at each general election. The mayor and aldermen thus elected shall hold their offices until their successors are elected and qualified, and in the event that the office of mayor, or either of said aldermen, shall become vacant by death, resignation, removal from office, or otherwise, a majority of the members of council shall order a new election by giving at least ten days' notice in any one or more of the newspapers published in said city, or at two or more of the most public places in said city, and the said election so held shall be managed in the same manner as the elections otherwise provided for in the charter of said city; provided, however, that if any of the said offices shall become vacant within three months of the expiration of the term of office, the mayor and council shall have the right and power to fill such office for the remainder of the term. The mayor shall receive as a salary the sum of four hundred ($400.00) dollars per annum, which salary may, when two-thirds of the aldermen concur, be increased to five hundred ($500.00) dollars per annum, but in no event shall the salary of the said mayor exceed the sum of five hundred dollars per annum. Each of the aldermen shall receive, as his respective salary, a sum not to exceed fifty dollars per annum, as may be fixed by the mayor and council, and which salaries, when thus fixed, shall not be changed during their respective terms of office. The election provided for in this section shall be by a general ticket. Mayor and aldermen, election of. Vacancies. Salaries. Sec. 4. Be it further enacted by the authority aforesaid, That section 17 of the above entitled Act be amended by adding thereto, after the word lessee, in the fourteenth line thereof, the following words, to wit: The mayor and council of said city, at the request of two-thirds of the owners of abutting property, on any street therein, or the representatives of said owners, may assess the property of said owners, along any of said streets, for the purpose of

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paving such streets, and may levy and collect a proportionate share of the expense of such paving from such property owners, or their representatives; provided, however, that in no event shall the sum thus assessed and collected exceed 66 2-3 per cent. of the total cost of such paving; and, in default of the payment thereof, said mayor and council may issue execution against such persons, or their agents or representatives, and against such property for the sum assessed, and collect the same by levy and sale, under the rules and regulations applicable to other sales or real estate by the marshal of said city. Street improvements. Sec. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 16, 1901. WAYNESBORO, CITY OF, CHARTER AMENDED. No. 231. An Act to amend an Act amending and renewing the various Acts incorporating the town of Waynesboro, and making the same a city, approved December 15, 1893, and the several Acts amendatory thereof, so as to authorize the mayor and council of Waynesboro to construct, grade, pave, curb, and otherwise improve the sidewalks of the city of Waynesboro, and to assess and collect the cost for such construction, grading, paving, curbing, and other improvements of said sidewalks, out of the real estate abutting on the street or sidewalk so improved, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the mayor and council of Waynesboro shall have full power and authority to construct, grade, pave, curb, and otherwise improve any and all the sidewalks in said city of Waynesboro in such manner and with such material as they may elect. Waynesboro, city of. Sidewalks. Sec. 2. Be it further enacted, That all work done in accordance with the above shall be done under the direction of the mayor and council of Waynesboro.

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Sec. 3. Be it further enacted, That the mayor and council of Waynesboro shall have full power and authority to assess the entire cost of constructing, grading, paving, curbing, and otherwise improving the sidewalks in said city, on the real estate abutting on the street, and on the side of the street on which the sidewalks are so improved. Assessments for street improvements. Sec. 4. Be it further enacted, That the mayor and council of Waynesboro shall have full power and authority to adopt, by ordinance, such a system of equalizing assessments on real estate for the above purposes, as may be just and proper, estimating the total cost of each improvement made, and prorating the cost thereof on the real estate, according to its frontage on the sidewalk, or portion of sidewalk, so improved. It shall be wholly discretionary with the mayor and council of Waynesboro whether such improvement is necessary and shall be done or not. How estimated. Sec. 5. Be it further enacted, That the amount of assessment on each piece of real estate abutting on the sidewalks, so improved, shall be a lien on such real estate from the passage of the ordinance providing for the work and making the assessment. Liens. Sec. 6. Be it further enacted, That the mayor and council of Waynesboro shall have the authority to enforce the collection of the amount of any assessment so made for work upon sidewalks by execution, to be issued by the clerk of said mayor and council, against the real estate so assessed, and against the owner or owners thereof at the date of the ordinance making the assessment, which said execution may be levied by the marshal of said city on such real estate, and after advertising such sale in the newspaper in said city wherein the sheriff's sales for the county of Burke are advertised, once a week for four separate weeks, said marshal shall sell the property so levied upon, at public outcry, to the highest bidder, before the court house door in the city of Waynesboro, on a regular sheriff's sale day, and between the legal hours of public sales, and shall execute titles to the purchaser, and shall have the same power to place the purchaser in possession as sheriffs of this State have; property sold at such sales being subject to the same right of redemption as in cases of other sales for taxes; provided, that the defendant or defendants in such executions shall have the right to file an affidavit denying that the whole or any part of the amount for which the execution issued is due, and stating what amount is admitted to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit received for the balance; and all such affidavits so filed with said marshal shall be returned to the superior court of Burke

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county, Georgia, and there tried, and the issue determined as in other cases of illegality, subject to all the pains and penalties provided in cases of illegality for delay or otherwise. Assessments, how enforced. Sec. 7. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved November 26, 1901. WAYNESBORO, ELECTRIC LIGHTS AND WATER-WORKS. No. 195. An Act to authorize the mayor and city council of the city of Waynesboro, Georgia, to issue bonds, not to exceed thirty thousand dollars, for the purpose of establishing a system of electric lights and water-works in said city; to provide for the payment of the principal and interest on said bonds by local taxation, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That the mayor and council of the city of Waynesboro, said State, be, and the same are, hereby authorized and empowered to issue bonds of said city to the amount of thirty thousand dollars, said bonds to be of such denomination and to bear such rate of interest, not exceeding six per cent. per annum, and to mature and become payable at such time or times within thirty years after the issue thereof, and the interest to be paid at such time as the mayor and council may determine. Waynesboro, city of. Bonds. Sec. 2. Be it further enacted, That said city council shall assess, levy and collect annually a sufficient tax upon all the taxable property of said city to pay the interest on said bonds, as the same shall become due, and to provide a sinking fund for the redemption of said bonds as the principal thereof shall become due, the tax provided for in this section to be in addition to the tax levied for the current expenses of said city. Tax to pay interest and for sinking fund. Sec. 3. Be it further enacted, That said bonds shall be signed by the mayor of said city, and be countersigned by the clerk of the council, under the corporate seal of the city, and shall be negotiated in such manner as said mayor and council shall determine to be for the best interest of said city. Bonds, how issued and sold. Sec. 4. Be it further enacted, That the proceeds arising from the sale of said bonds shall be appropriated and applied to the purchase

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of the necessary real estate upon which to locate a water-works plant for said city, and an electric light plant or plants for said city; to the construction and equipping of said waterworks plant and electric light plant or plants, and to other purposes. Light and water. Sec. 5. Be it further enacted, That the provisions of this Act shall not have effect until the same shall have been submitted to a vote of the qualified voters of said city of Waynesboro, and approved by a two-thirds vote of qualified voters of said city. Election Sec. 6. Be it further enacted, That immediately after the passage of this Act, or so soon thereafter as is expedient, said mayor and council shall order an election to be held in said city, and shall give notice thereof for the space of 30 days next preceding the day of election in the newspapers published in said city in which the sheriff's advertisements for the county are published, notifying the people (qualified voters) that on the day named an election will be held to determine the question whether bonds shall be issued by said city, which notice shall specify the amount of bonds to be issued, for what purpose, what interest they are to bear, how much principal and interest to be paid off annually, and when said bonds are to be fully paid off; that said election shall be held on the day named in said published notice at the voting precinct of said city, and shall be held by same persons and in the same manner and under the same rules and regulations that elections for mayor and council of said city are required to be held, at the time of such elections; and the same qualifications of voters at said election shall be required as at the time of said election are required of voters in the principal elections of said city. That the managers of said elections shall make the returns of the result of the election to the said mayor and council of said city on the day after the election, which result shall be published within ten days of the election; that the ballots cast at said election shall contain the words, For bonds, or the words, Against bonds, and unless for bonds shall receive two-thirds majority of all the voters of said city qualified to vote at said election, to be ascertained from the tally-sheet of the last general election held in said city previous to said bonds election, then this Act shall not become a law. How ordered and held. Sec. 7. Be it further enacted, That all laws and parts of laws in conflict with this Act shall be, and the same are, hereby repealed. Repealing clause. Approved November 15, 1901.

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WRENS, TOWN OF, INCORPORATED. No. 369. An Act to incorporate the town of Wrens, in the county of Jefferson; to define the corporate limits thereof; to provide a municipal government for said town, and to provide for the support and maintenance of the same by taxation and otherwise, 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 town of Wrens, in the county of Jefferson, be, and the same is, hereby incorporated as a town under the corporate name of the town of Wrens. The municipal government of said town shall be vested in a mayor and five councilmen, who are hereby created a body corporate, under the name and style of the town of Wrens, and by that name they shall have perpetual sucession, with powers to make such ordinances, by-laws and resolutions for municipal purposes as may be deemed proper, and with power in and by said corporate name to sue and be sued, to contract and be contracted with, to have and hold porperty, real and personal, and to do all acts relating to its corporate capacity. Wrens, town of, incorporated. Corporate name and powers. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of the said town of Wrens shall extend one-half mile in every direction from the passenger depot of the Southern Railway, as it is now located in said town. Corporate limits. Sec. 3. Be it further enacted by the authority aforesaid, That the third Saturday in January, 1902, and annually thereafter on the same day, an election shall be held in said town for a mayor and five councilmen, who shall hold their office for one year, and until their successors are elected and qualified. The same qualifications shall be required of persons voting in said election as are required of persons voting for members of the legislature in the county of Jefferson, and in addition thereto, it shall be required of persons voting in said election that they be residents of the said town of Wrens for not less than six months immediately preceding said election. The same rules and regulations as govern the election of county officers for the county of Jefferson shall govern elections held in and for said town, and the certificate of the managers of said election shall be sufficient authority for the persons

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elected to enter upon the discharge of their duties as municipal officers. Mayor and councilmen, election of Sec. 4. Be it further enacted by the authority aforesaid, That the mayor and councilmen of said town must have resided within the corporate limits of said town for at least twelve months immediately preceding the date of their election. Qualifications Sec. 5. Be it further enacted by the authority aforesaid, That the first election to be held under the provisions of this Act shall be held at the store of Wren and Phillips, in said town, and that the elections to be held annually thereafter may be held at any place in said town which may be designated by the mayor thereof; provided, that if this Act has not passed both houses of the General Assembly, and been approved by the Governor, by the time specified for holding said election, then said election may be held at any time within sixty days after such passage and approval. Elections, where held. Sec. 6. Be it further enacted by the authority aforesaid, That the mayor and councilmen of said town, before entering upon the discharge of their official duties, shall subscribe to the following oath, which may be administered by any person authorized to administer oaths in this State: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as mayor (or councilman, as the case may be) of the town of Wrens, according to the best of my ability and understanding, so help me God. Official oath. Sec. 7. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have power and authority to elect such marshals, clerks and other subordinate officers as they may deem necessary to the proper discharge of the duties pertaining to the general welfare of said town, and to prescribe the fees and duties of such subordinate officers, and require such bonds from all of the municipal officers as they may deem necessary. Officers. Sec. 8. Be it further enacted by the authority aforesaid, That the mayor of said town shall be the chief executive officer of said town. He shall preside at all meetings, and shall have the general supervision and control of said town. He shall preside at the police court, unless disqualified for some reason, and shall try all offenders, and inflict such punishment for offenses against the municipal laws as, in his judgment, may be proper. He shall have authority to impose a fine not to exceed one hundred dollars, or to imprison offenders for a time not to exceed sixty days, or to compel them to work on the streets or other public works of the town for a period not to exceed thirty days, and may inflict any one or all of these punishments at his discretion. Mayor, powers of.

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Sec. 9. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have power and authority to pass all ordinances and by-laws that they may deem necessary for the government of said town; provided, that they be not repugnant to the Constitution of the State of Georgia, or the United States, or any part of the laws thereof. Municipal powers. Sec. 10. Be it further enacted by the authority aforesaid, That said mayor and council shall have power and authority to levy and collect an ad valorem tax upon all the taxable property owned or kept within the corporate limits of said town, both real and personal, not to exceed one-half of one per cent. for each fiscal year. They shall have the power and authority to levy and collect a special tax upon all business avocations and professions carried on in the said town, and shall have the authority to arrange, by ordinance, for the collection and enforcement of the payment of all such taxes by execution and sale, or by penal process of attachment. It shall be in their option to adopt ordinances laying a special tax upon all shows, circuses, peddlers, vendors of patent or proprietary medicines, insurance agents, and agents of every sort and kind, and upon all kinds and classes of occupations and professions. Taxes, ad ralorem and specific. Sec. 11. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have the power to collect, annually, a street tax of two dollars per annum from each and every male person within said corporate limits who are, under the law, liable to road duty, and to enforce the payment of the same by compulsory work on the streets or other public works of said town. Street tax Sec. 12. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have the power and authority to define and abate all nuisances within the corporate limits of said town; to regulate butcher pens and butcher shops and fish stands within said town; to create a fire limit, and prescribe the material out of which buildings shall be built within said limits; to regulate and control all hotels and boarding houses; to take up and impound all dogs, horses, cows, hogs, calves, or other domestic animals, and to pass such ordinances as may be deemed necessary for the regulation of stock within the corporate limits. They shall also have the power and authority to lay off, open up, close or alter streets and alleys of said town; to regulate the width of sidewalks and streets, and to pave the streets of said town, assessing the cost thereof against the adjoining land owners; to remove obstructions from the said streets; to punish for vagrancy; to organize a town

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chain-gang, and to put at compulsory work thereon all those convicted of violating the town laws, and to have all additional powers usually and properly incident to municipal corporations, including the right to establish, own, use and control a system of water-works and electric lights for said town. Police powers. Sec. 13. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have the power and authority 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 such bonds may refund existing debts, establish and maintain a system of water-works and electric lights, erect public buildings, or other improvements for the use of the citizens of said town. Bonds for public utilities. Sec. 14. Be it further enacted by the authority aforesaid, That if, at any time, the office of mayor or councilman shall become vacant by resignation, death or removal from said town, the remaining members of the town council shall select from among the eligible citizens of the town a suitable person as the successor of the disqualified member. Vacancies. Sec. 15. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 17, 1901.

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TITLE II. BANKING AND PRIVATE CORPORATIONS. ACTS. The Black-hear Bank, charter amended. Savannah Trust and Safe Debosit Co., charter amended. Title Guarantee and Loan Co. of Savannah. Free Kindergarten Association of Columbus. THE BLACKSHEAR BANK, CHARTER AMENDED. No. 282. An Act to amend an Act entitled An Act to incorporate the Blackshear Bank, to define its powers and privileges, and for other purposes, approved September 11th, 1891, so as to authorize said corporation to reduce its capital stock to a sum not less than twenty-thousand dollars, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That section 3 of the above recited Act be, and the same is, hereby amended by, inserting in the sixth line thereof, and between the figures $200,000 and the word whenever, the following: and at any time after the fifty thousand dollars ($50,000) of capital stock has been subscribed, and twenty-five thousand dollars ($25,000) thereof has been actually paid in, it shall have the power to decrease its capital stock to a sum not less than twenty-five thousand dollars ($25,000). The said power to increase or decrease said capital stock to be exercised, and by adding at the end of the eighth line of said section, after the word increase, the words, or decrease, so that said section, when thus amended, shall read as follows: Be it further enacted by the authority aforesaid, That the capital stock of the corporation shall be fifty thousand dollars

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($50,000), to be divided into shares of fifty dollars ($50) each, but it shall have the privilege or power, after said stock shall have been paid up, to increase its capital, from time to time, to any sum not to exceed two hundred thousand dollars ($200,000), and at any time after the fifty thousand dollars ($50,000) of capital stock has been subscribed, and twenty-five thousand dollars ($25,000) thereof has been actually paid in, it shall have the power to decrease its capital stock to a sum not less than twenty-five thousand dollars ($25,000). The said power to increase or decrease said capital stock to be exercised whenever it may be deemed expedient by the stockholders in meeting assembled, two-thirds of the entire stock being voted in favor of such increase or decrease before the same can be effected. Said corporation is hereby authorized to commence business as soon as twenty-five thousand dollars ($25,000) shall be paid in upon said capital stock. The incorporators, or a majority of them, are authorized to open books of subscription for said stock, which shall be paid in by the subscribers thereto in installments as follows, to-wit: fifty per cent. (50 per cent.) shall be first payment, and two installments of twenty five per cent. (25 per cent.) each, to be paid in at such times as may be determined by the board of directors; provided, that any subscriber to the capital stock, with the consent of a majority of the board of directors, shall have the right to pay the entire amount subscribed by him at any time, and he may receive such interest on said advance payments as the board of directors may see proper to allow. Blackshear Bank. Capital stock. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 11, 1901.

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SAVANNAH TRUST AND SAFE DEPOSIT CO., CHARTER AMENDED. No. 406. An Act to amend an Act, approved September 30th, 1879, entitled an Act to incorporate the Savannah Trust and Safe Deposit Company; to authorize the company to establish a place of safe deposit; to act as executors, testamentary guardians, trustees, receivers, agents to receive deposits and loan money, 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, approved September 30th, 1879, to incorporate the Savannah Trust and Safe Deposit Company, etc., be, and the same is, hereby amended by striking out all of the first section of said Act and inserting in lieu thereof the following: That William W. MacKall, J. Randolph Anderson, George J. Baldwin, Charles A. Shearson, Spencer P. Shatter and Henry C. Cunningham, and such other persons as may hereafter be associated with them, and their successors and assigns, are hereby constituted a body corporate under the name of the Savannah Trust Company, and by that name shall have perpetual succession, and shall have the right to sue and be sued, and to have a common seal; to make by-laws binding on their own members, not inconsistent with the laws of this State, and of the United States; to receive donations by gift or will; to purchase and hold such property, real and personal, as is necessary to the purpose of their organization, and to purchase, invest in and sell stocks, bills of exchange, bonds, mortgages and other securities, and when moneys or securities for moneys are borrowed, or received on deposit, or for invistment, to give the bonds or obligations of the company therefor, and to do all such acts as are necessary for the legitimate execution of any of said purposes; all of the charter rights and provisions of the above recited Act, as amended by this Act, are hereby revived and contained in favor of the persons named herein, their successors and assigns, but nothing herein contained shall be construed as giving said company the right to issue bills to circulate as money. Savannah Trust Co. Franchises of. Sec. 2. Be it further enacted, That the above recited Act be, and the same is, hereby further amended by striking out the words, That within six months from the passage of this Act the persons named in the first section of this Act at the beginning of section

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eight of said Act, and inserting in lieu thereof the words, That within twelve months from the first day of January, A. D. 1902, the persons named in the first section of this Act, as hereby amended, in the first sentence of section eight of said Act, so that the first sentence of said section eight of said Act, as amended, shall read as follows: That within twelve months from the first day of January, A. D. 1902, the persons named in the first section of said Act, as hereby amended, or any three of them, shall open books of subscription at such point or points as they may select, giving notice thereof by publication for ten days in at least one newspaper published in the city of Savannah, and keep such books open as long as they think proper, to receive subscriptions to the stock of said company, to be located in the city of Savannah, to an amount not exceeding one million ($1,000,000) dollars, in shares of one hundred dollars each, whereof ten per centum shall be paid in cash at the time of subscription, the remainder of said section eight of said above recited Act to remain as set forth in said Act. Subscriptions to stock. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 18, 1901. TITLE GUARANTEE AND LOAN COMPANY, OF SAVANNAH. No. 274. An Act to amend section 3 of the Act, approved October 17th, 1887, entitled An Act to incorporate the Title Guarantee and Loan Company, of Savannah, and for other purposes, the name of which company was, by a subsequent Act, approved December 13th, 1895, changed to the People's Savings and Loan Company, by providing that the treasurer and secretary of said People's Savings and Loan Company shall not be ex-officio members of the board of directors of said company, and that the said board shall consist of seven members. 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 3 of the Act entitled An Act to incorporate the Title Guarantee and Loan Company, of Savannah, and for other purpoces,

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approved October 17th, 1887, be, and the same is, hereby amended by striking out the words, and be ex officio members of the said board, in addition to the seven elected by said stockholders, as hereinbefore provided, unless selected by the said board of directors from their own body, so that, as amended, said section 3 shall read as follows: Be it further enacted, That the affairs of said corporation shall be managed by a board of seven directors, who shall be elected by a majority, in value, of the stockholders, as hereinafter provided, and annually thereafter, on the first Monday in April, and shall hold office until their successors are elected. Said board shall have power to fill any vacancies occurring in their body, and shall choose from among themselves a president and a vice-president. They shall also elect a secretary and a treasurer, either from their own body or from the general body of stockholders, as they may determine, who shall hold office until removed by the board of directors. A majority of the directors shall constitute a quorum and be competent to conduct the business of said corporation. People's savings Loan Company, officers of. Sec. 2. 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. Repealing clause. Approved December 11, 1901. FREE KINDERGARTEN ASSOCIATION, OF COLUMBUS. No. 354. An Act to authorize the Free Kindergarten Association, of Columbus, Georgia, to sell lot number 3, in block number 66, of the commons land of the city of Columbus, Georgia, heretofore conveyed to them by the commons commissioners of the city of Columbus for school purposes, and to reinvest the proceeds of said sale in other property to be held and used for school purposes. Whereas, heretofore, to-wit: On the 27th day' of March, 1900, the commissioner of commons of the city of Columbus, Georgia, conveyed, in pursuance of an Act of the General Assembly, approved February 18th, 1873, to the Free Kindergarten Association, of Columbus, Georgia, lot number 3, in block 66, of the commons lands of the city of Columbus, for school purposes; and Preamble

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Whereas, the location of said lot is such that the same is not available to said Free Kindergarten Association, of Columbus, Georgia, for school purposes: Preamble. 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 Free Kindergarten Association, of Columbus, Georgia, shall be, and the same is, hereby empowered to sell the said lot number 3, in block 66, and to make good and sufficient title thereto, and to reinvest the proceeds of said sale in such property as, in the opinion of the officers and members of said Free Kindergarten Association, may be proper, the property in which the proceeds of said sale is reinvested, to be held for like purposes, said lot number 3, in block 66, is now held. Free Kindergarten Association of Columbus. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved December 17, 1901.

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PART IV.-RESOLUTIONS.

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Applying public property funds to pay interest on bonds. Authorizing Governor to borrow $200,000.00. Appropriation to supplement indigent pension fund. Appropriation for deficiency in printing fund. Appropriation to pay for investigating the Academy for Blind. Appropriation to pay assistant doorkeeper of Senate. Appropriation to pay assistant doorkeeper of Senate. To refund convict hire to Wall Peagler. To refund to W. S. Witham money paid for charter not granted. To pay pension of W. L. Fenley. To pay pension of H. S. Williams. To pay pension of L. H. Jenkins. To pay pension of Thomas Channell. To pay pension of W. L. Taylor. To pay pension of J. W. Hardin. To pay pension of W. H. Ryon and James W. Hargrove. To pay pension of S. J. Truett. To pay pension of Wm. R. Hodgson. To pay pension of J. L. Coffee. For relief of T. J. Mitcham, Thos. Swords and others For relief of E. S. O'Brien. For relief of B. R. and J. B. Freeman. For relief of Andrew N. Pluokett. For relief of J. T. Mikell. For relief of Annie E. Branch. For relief of J. W. O'Brien. For relief of Thomas Nall and A. S. Murray. Per diem and mileage of Hon. J. R. Henderson. Per diem and mileage of Hon. Lectured Crawford. Agricultural Experimental Station, donations for. Northeastern Railroad, employees, wages of. Constitutional amendment, committee to consider. Constitutional amendment, stenographer for committee on. Referring proposed amendments to constitution to committee. Directing State geologist to investigate deposits of kaolin. To furnish Colquit county with Supreme Court Reports. To furnish U. S. Court with Acts and Supreme Court Reports. Asking amendment of pension laws of the U. S. Asking appropriation by U. S. of captured property fund and cotton-tax fund. Asking appropriation by U. S. of captured property fund and cotton-tax fund. Louisiana purchase exposition, commissioners for. Roster of Georgia soldiers and sailors in civil war. Daughters of the Confederacy, papers of. Daughters of the Confederacy. Effigy for Statuary Hall at Washington, D. C. Hon. Porker King, memorial committee. State capitol, repairs of. British and Southern States (U. S. A.) Cattle Abattoir and Produce Co. Soldiers' Home, committee to visit.

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North Georgia Agricultural College, committee to visit. State Fair at Savannah. Southern Educational Conference, invited. Thursday, November 28, considered a dies non. Unfinished business, completion o. Journals of Senate and House, index for. APPLYING PUBLIC PROPERTY FUND TO PAY INTEREST ON BONDS. No. 45. Whereas, there is in the State treasury the sum of four hundred and forty-four thousand two hundred and eight dollars ($444,208) arising from the sale of public property; and Preamble. Whereas, none of the principal of the bonded debt of the State is due until January 1, 1915; and whereas, it is not desirable for said sum to remain in the treasury, or in the State depositories, until the maturity of the principal of the bonded debt of the State; and Preamble. Whereas, it is a matter of grave doubt in the minds of many members of the General Assembly as to whether or not the public property fund can be constitutionally applied to any other purpose except the payment of the principal of the bonded debt of the State; and Preamble. Whereas, the General Assembly recognizes that as a business proposition the finances of the State are in such condition as to render it desirable, and even necessary, to apply the above fund to the payment of the interest in order to avoid the imminent danger of a deficit in the State treasury, if the same can be done constitutionally, and desire to have the questions involved submitted at once for adjudication; therefore, be it Preamble. Resolved by the General Assembly of Georgia, That the sum of three hundred and twenty-five thousand eight hundred and eighty ($325,880) dollars of said sum arising from the sale of public property be, and the same is, hereby applied to and for the payment of the interest on the recognized valid bonds of the State falling due in the year 1902. Public property fund applied to payment of interest on bonds. Resolved further, That the sum of three hundred and twenty-five thousand eight hundred and eighty ($325,880) dollars arising from the sale of public property shall be, by the treasurer of the State, transferred, within one day after the approval of this resolution, from the public property fund to the interest fund, and the same shall be paid out by the treasurer on such interest on the recognized

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valid bonded debt of the State as may mature in the year 1902, in accordance with the General Appropriation Act, approved December 21, 1900, and the Treasurer is hereby authorized and directed to make such transfer and payment. Transfered to interest fund. Resolved further, That it shall not be inconsistent with the spirit of this resolution for the State Treasurer to have the constitutionality of the requirements made by this resolution tested in the Supreme Court. Constitutionality. Approved December 14, 1901. AUTHORIZING GOVERNOR TO BORROW $200,000. No. 63. A resolution authorizing 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 $200,000, to supply said deficiencies within the terms of the constitution, and the money so borrowed shall be used for the purpose specified, and no other. Casual deficiencies, how supplied. Approved December 17, 1901. APPROPRIATION TO SUPPLEMENT INDIGENT PENSION FUND. No. 83. Whereas, The increase of the indigent pension roll over the estimate made for 1902 exceeds the appropriation of three hundred thousand dollars, by sixty-two thousand and five hundred dollars, be it Preamble. Resolved, therefore, by the House of Representatives, and the Senate concurring, That the sum of sixty-two thousand and five hundred dollars be, and is hereby appropriated to supplement the sum heretofore appropriated of three hundred thousand dollars to pay off the indigent pension roll for 1902, making the whole sum appropriated for this purpose for 1902 of three hundred and sixty-two thousand and five hundred dollars. Appropriation for indigent pensions. Approved December 18, 1901.

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APPROPRIATION FOR DEFICIENCY IN PRINTING FUND. No. 47. A resolution to make appropriation to meet the deficiency in the printing fund of 1901, and to make the same immediately available. Be it resolved by the General Assembly of the State of Georgia, That the sum of eleven thousand ($11,000.00) dollars, or so much thereof as may be necessary, be, and the same is, hereby appropriated out of any money in the treasury not otherwise appropriated, to pay for the public printing already done and to be done during the present year; and the same may be paid for whenever the bills are presented, duly audited, and approved by the printing commission, and by the Comptroller-General. And the Governor is hereby authorized to draw his warrants upon the treasury to pay the same when so presented. Appropriation to supply deficiency in printing fund. Approved December 16, 1901. APPROPRIATION TO PAY FOR INVESTIGATING THE ACADEMY FOR BLIND. No. 41. Whereas, The General Assembly of Georgia, at the session of 1900, adopted a joint resolution providing for a recess investigation into the affairs of the Georgia Academy for the Blind, the report of said investigation to be made back to the Senate and House; and Academy for Blind, appropriation to pay for investigation of. Whereas, A full and complete investigation has been had under said resolution, and report has been made as required; therefore Resolved, That the sum of two hundred and thirteen dollars and eighty cents ($213.80) be, and the same is, hereby appropriated to pay the expenses of said investigation; that the Governor draw his warrant for the same, and that the Treasurer pay the said sum, such sum being the actual and necessary expenses of said investigation. Approved December 12, 1901.

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APPROPRIATION TO PAY ASSISTANT DOORKEEPER OF SENATE. No. 42. Whereas, The Appropriation Act of 1900 provides for a principal doorkeeper and three assistants for the Senate; and Pay for third assistant doorkeeper of Senate. Whereas, The doorkeeper of the Senate, under the authority aforesaid, employed three assistants during the session of 1900, and the session of 1901, up to the fourteenth of November, inclusive; and Whereas, A controversy arose between the doorkeeper and messenger of the Senate, as to who is entitled to the payment of the third assistant, himself or the messenger, for the rear door of the messenger's room; and Whereas, A special committee was appointed by the Senate to determine the controversy, whose report is to the effect that the doorkeeper is entitled to two assistants, and the messenger one, to be paid out of the fund appropriated for that purpose; and Whereas, The committee recommend that payment for the third assistant doorkeeper of the Senate, who was employed and did duty during the whole time specified (session of 1900 and 1901,) including the 14th day of November, 1901, be paid to reimburse the doorkeeper for the payment of said assistant for his services for the time named; therefore Resolved, That the sum of two hundred and ninety-two dollars be, and the same is, hereby appropriated to reimburse the doorkeeper for the payment of said assistant. Approved December 16, 1901. APPROPRIATION TO PAY ASSISTANT DOORKEEPER OF SENATE. No. 46. A resolution to appropriate money to pay the per diem of a doorkeeper of the cloak-room of the Senate as authorized by the General Assembly. Be it resolved by the General Assembly of Georgia, That the sum of two hundred dollars, or so much thereof as may be necessary, is hereby appropriated to pay a doorkeeper for the cloak-room

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of the Senate, in accordance with joint resolution heretofore adopted by the General Assembly. Pay for assistant doorkeeper of Senate. Approved December 16, 1901. TO REFUND CONVICT HIRE TO WALL PEAGLER. No. 82. A resolution to authorize the prison commission to turn over to Wall Peagler certain county warrants for the hire of misdemeanor convicts, removed from Coffee county and hired to Jefferson county. Whereas, The Governor and the prison commission, on an investigation of charges against the management of a chain-gang in Coffee county, worked for Wall Peagler, removed the convicts therein confined from said county, and, as provided by law, hired them to the authorities of Jefferson county; and Convict hire refunded to Wall Peagler. Whereas, Wall Peagler had previously paid the hire of said convicts to the county authorities; and Whereas, There is no provision of law for the disposition of the fund arising from the hire of said convicts, which is now in the custody of the said prison commission in uncollected county warrants on the treasurer of Jefferson county, amounting to $233.80; be it therefore Resolved by the General Assembly, That the prison commission is hereby authorized to turn over said warrants to Wall Peagler, who in equity are entitled to said fund. Approved Dec. 19, 1901.

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TO REFUND TO W.S. WITHAM MONEY PAID FOR CHARTER NOT GRANTED. No. 28. A resolution to provide for the refunding of a fee of fifty ($50) dollars paid to Secretary of State Cook for a charter for the Bank of Winder, to W. S. Witham, president. Whereas, On the 22d day of August, 1900, a fee of fifty dollars was paid by W. S. Witham, president, to the Secretary of State, on filing with said Secretary of State an application for charter of the Bank of Winder, which said fee was covered into the treasury by said Secretary of State; and Refunding to W. S. Witham, fee for charter, not granted. Whereas, The said W. S. Witham, president, failed in his efforts to organize the said Bank of Winder, and a charter was not issued by the Secretary of State to the incorporators of said bank; therefore be it Resolved by the House of Representatives, the Senate concurring, That the sum of fifty dollars be refunded to the said W. S. Witham, president, and that the Governor be, and he is, hereby authorized to draw his warrant on the treasury in favor of the said W. S. Witham, president, for the amount above stated. Approved November 15, 1901. TO PAY PENSION OF W. L. FENLEY. No. 72. A resolution to pay pension of W. L. Fenley to his widow, Mrs. W. L. Fenley. Whereas, W. L. Fenley, of Fulton county, Georgia, was duly entered upon the pension rolls of said State, as an invalid pensioner, and drew the pension allowed by law for the year 1898; and Pension of W. L. Fenley. Whereas, Said W. L. Fenley died during the month of January, 1899, after his pension had accrued and was payable to him for the year 1899; and Whereas, He left a widow, Mrs. W. L. Fenley, in dependent

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circumstances, and said pension should be paid to her for the year 1899; therefore be it Resolved by the House of Representatives, the Senate concurring, That the said pension of sixty dollars ($60.00), for the year 1899, which had accrued in favor of said W. L. Fenley, shall be paid to his widow, Mrs. W. L. Fenley, and the Governor of the State is authorized to draw his warrant upon the treasury in her favor for same. Approved December 18, 1901. TO PAY PENSION OF H. S. WILLIAMS. No. 71. Whereas, H. S. Williams, late of Tattnall county, died on November 9, 1900; and Pension of H. S. Williams. Whereas, Said deceased left a widow, Mary A. Williams, in a destitute condition; and Whereas, The said deceased, H. S. Williams, had been drawing a pension of one hundred dollars per year, under existing laws, for the loss of an arm in the Confederate service; and Whereas, Said pension of one hundred dollars was paid up to October 26, 1900; and Whereas, It further appearing that there is still due and unpaid a pension of one hundred dollars due said deceased; be it therefore Resolved by the House of Representatives, the Senate concurring, That the said sum of one hundred dollars be paid to Mrs. Mary A. Williams, widow of said H. S. 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. Approved December 18, 1901.

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TO PAY PENSION OF L. H. JENKINS. No. 70. A resolution to make an appropriation to pay Mrs. Virginia B. Jenkins, of White county, Georgia, the pension of fifty dollars, which had accrued and was due her husband, L. H. Jenkins, at the date of his death, for the pension year, beginning October 27, 1898, and which was to have been paid in January, 1899. Whereas, L. H. Jenkins, a disabled soldier of White county, made proof of his right to a pension under the law, and the same was duly approved by the Pension Commissioner, which proof is now on file in the pension office; and Pension of L. H. Jenkins. Whereas, Before the pension allowed the said L. H. Jenkins was paid him, he died in White county, leaving a widow, Mrs. Virginia B. Jenkins, who was entitled to draw the pension due her husband at his death, but not knowing her right thereto at the time failed to apply, and the said pension has never been paid; therefore be it Resolved, That the sum of fifty dollars be, and the same is, hereby appropriated out of any money in the treasury, not otherwise appropriated, to pay to Mrs. Virginia B. Jenkins the pension aforesaid, due her husband at his death, and the Governor is authorized to draw his warrant on the treasury to pay the same, upon receipt of proper certificate from the ordinary of White county, showing that she is the widow of L. H. Jenkins, deceased, and a resident of said county. Approved December 18, 1901. TO PAY PENSION OF THOMAS CHANNELL. No. 69. A resolution to pay pension due Thomas Channell, of Cobb county. Whereas, The Commissioner of Pensions approved the application of Thomas Channell, of Cobb county, for the year 1897, for an indigent pension of sixty dollars, and issued a check to him for said amount, and sent it to him through the ordinary of said county; and Pension of Thomas Channell.

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Whereas, The said Thomas Channell died before receiving said check, and the said ordinary returned it to the Pension Commissioner; therefore be it Resolved by the House of Representatives, the Senate concurring, That the amount of sixty dollars due him on said application be paid to his widow, Mrs. Penelope Channell, by the Treasurer of the State of Georgia. Approved December 18, 1901. TO PAY PENSION OF W. L. TAYLOR. No. 68. A resolution to pay W. L. Taylor, of Coweta county, his pension for the year 1899, make appropriation therefor, and for other purposes. Whereas, W. L. Taylor, of Coweta county, was on the pension roll, and drew a pension at rate of fifty dollars per annum for several years before the year 1899; and Pension of W. L. Taylor, Whereas, Said W. L. Taylor was dropped from the pension roll for the said year 1899; and Whereas, The said W. L. Taylor has been duly reinstated on the pension roll by proper authorities, and drew his pension for the year 1900; and Whereas, The said W. L. Taylor is badly diseased and in needy circumstances; be it therefore Resolved by the General Assembly of Georgia, That the sum of fifty dollars be, and the same is, hereby appropriated for the payment of the pension of said W. L. Taylor, for the year 1899, and the Governor is hereby authorized to draw his warrant on the treasury for said amount in favor of said W. L. Taylor. Approved December 18, 1901.

Page 745

TO PAY PENSION OF J. W. HARDIN. No. 67. A resolution to pay pension of J. W. Hardin, of Fulton county, Georgia, to Lucy M. Hardin, his widow. Be it resolved by the House of Representatives, the Senate concurring, That the pension of sixty dollars ($60.00), which had accrued in favor of J. W. Hardin, who was duly enrolled upon the indigent pension rolls of said State, and who died on the seventh day of January, 1897, after the pension for that year became due and payable, but which was not paid to him, shall be paid to his widow, Lucy M. Hardin, who is in dependent and needy circumstances; be it further Pension of J. W. Hardin. Resolved, That the Governor of Georgia is authorized to draw his warrant upon the treasury of the State in favor of said Lucy M. Hardin for the sum of sixty dollars ($60.00), to pay said pension. Approved December 18, 1901. TO PAY PENSIONS OF W. H. RYON AND JAMES W. HARGRAVE. No. 66. Whereas, W. H. Ryon, late of Liberty county, died during the month of January 15, 1900; and Pensions of W. H. Ryon and James W. Hargrove. Whereas, Said deceased left a widow, Mary C. Ryon, in a destitute condition; and Whereas, The said deceased, W. H. Ryon, had been drawing a pension under existing laws of one hundred dollars for the loss of a limb; and Whereas, Said pension of one hundred dollars was paid up to October 25, 1899; and Whereas, It further appearing that there is still due and unpaid a pension of one hundred dollars due said deceased; be it therefore Resolved by the Senate, the House of Representatives concurring, That the said sum of one hundred dollars be paid to Mrs. Mary C. Ryon, widow of said W. H. Ryon, 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.

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Resolved further, That the sum of fifty dollars be paid to Mrs. Mary A. Hargrave, widow of the late James W. Hargrave, of Putnam county, Georgia, who was a pensioner on the invalid pension list of the State, and who died January 16, 1899, while a pension of fifty dollars was due him as such pensioner, all of which is shown by the official proofs by the Commissioner of Pensions, and that the Governor be authorized to draw his warrant on the treasury of the State for such sum of fifty dollars in favor of the said Mrs. Mary A. Hargrave. Approved December 17, 1901. TO PAY PENSION OF S. J. TRUETT. No. 65. Whereas, S. J. Truett, now of the county of Muscogee, was on the invalid pension roll from the county of Harris for a useless hand, for which he had been paid several years a pension of twenty-five dollars ($25.00), which sum was due him for 1900; and Whereas, The said S. J. Truett filed his application in the office of Commissioner of Pensions, to be placed on the indigent roll from the county of Muscogee, and his application has been approved, and his name placed on said roll for 1901, and that he was never paid the twenty-five dollars due him as an invalid pensioner for the year 1900; be it therefore Pension of S. J. Truett Resolved, That the Governor of Georgia be, and is, hereby authorized to draw his warrant on the treasury of the State for the sum of twenty-five dollars, in favor of S. J. Truett, to be paid out of any fund undisposed of for his pension due for the year 1900, which had never been paid. Approved December 17, 1901.

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TO PAY PENSION OF WM. R. HODGSON. No. 64. A resolution authorizing the payment of pension of William R. Hodgson to his widow, Mrs. Laura J. Hodgson. Whereas, William R. Hodgson was duly enrolled as a pensioner from Fulton county, Georgia, for the year 1898, upon the roll of disabled Confederate soldiers, because of having lost a leg from a cannon shot, and died in the month of December, 1897, without ever having drawn the pension to which he was entitled, to wit, the sum of $100.00 (one hundred dollars), and which pension has not been paid; therefore be it Pension of W. R. Hodgson. Resolved by the House of Representatives, the Senate concurring, That the sum of $100.00 (one hundred dollars) shall be paid to Mrs. Laura J. Hodgson, widow of William R. Hodgson, being the amount of pension due him for the year 1898, and that the Governor be empowered to draw his warrant for said sum in favor of Mrs. Laura J. Hodgson. Approved December 17, 1901. TO PAY PENSION OF J. L. COFFEE. No. 23. Whereas, J. L. Coffee, late of Rabun county, was a private soldier in company C, 3d Georgia regiment, in the Conferedate army, during the late war between the States; and Pension of J. L. Coffee Whereas, The said J. L. Coffee performed regular military duty in said Confederate army for a period of at least nine months; and Whereas, Said J. L. Coffee filed with the Pension Commissioner of this State, on the 6th day of April, 1899, an application for pension, under section 1254 of the Civil Code of 1895; and Whereas, Said application was duly approved by said Pension Commissioner, and said pension was thereby ordered paid; and Whereas, The said J. L. Coffee died on the 8th day of January, 1900, after the said application had been approved and payment thereon was due; therefore be it Resolved by the House, the Senate concurring, That the sum of sixty ($60.00) dollars be, and the same is, hereby appropriated to

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Mrs. Arzela Coffee, widow of said J. L. Coffee, deceased, to pay said pension due her deceased soldier husband, and the Treasurer of the State is hereby authorized to pay same upon warrant of the Governor. Approved November 9, 1901. FOR RELIEF OF T. J. MITCHAM AND OTHERS. No. 35. It appearing that the following named parties of Walton county, namely, T. J. Mitcham, Thos. Swords, G. W. Aycock, Jr., P. G. Smith, T. M. Still, W. H. Braswell, Geo. Stanley, Wm. Barnes, S. T. Moore, engaged in said county in the manufacture of corn whisky, or peach brandy, under government license, not knowing the State of Georgia has imposed a tax on said business; T. J. Mitcham and others, relief of. And it further appearing that the tax collector of said county informed said parties, upon inquiry being made, that they were not liable to the State for any taxes by reason of engaging in said business, stating that he had no instructions to collect any taxes for said business; And it further appearing that the parties engaged in the said business on the information and under the belief that they were not so liable; be it therefore Resolved by the Senate of the State of Georgia, the House of Representatives concurring, That each and all of said parties be, and they are, hereby relieved from the payment of said taxes, and that, on payment by them of the cost due the officers of court, they and each of them be discharged from all liability therefor. Approved December 2, 1901.

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FOR RELIEF OF E. S. O'BRIEN. No. 40. A resolution to refund a part of specific tax to E. S. O'Brien. Whereas, E. S. O'Brien, did, on the 27th day of January, 1900, pay to the tax collector of Warren county, Georgia, $200.00 as a special tax to the State, which was imposed upon him by law as a liquor dealer of Warren county for the year 1900; and E S. O'Brien, relief of Whereas, At an election duly ordered by the ordinary of said county, on the 2d day of February, 1900, and held in Warren county on the 8th day of March, 1900, under the laws of said State, known as the Local option liquor law, embraced in section 1541 to 1550, inclusive, of the first volume of the Code of Georgia of 1895, the sale of liquor in Warren county was prohibited on the 16th day of April, 1900, which was after the publication by the ordinary of said county of the result of said election, which was against the sale, once a week for four weeks, as required by law, embraced in section 1545 of said Code; and Whereas, Said O'Brien, who had been selling and retailing liquor in Warren county, Georgia, from the first day of February to the 15th day of April, 1900, was on the 16th day of April, 1900, compelled to cease the sale of liquor in Warren county, Georgia, by virtue of said result of said election, and said publication after having paid said taxes as aforesaid; be it therefore Resolved by the General Assembly of the State of Georgia, That the Treasurer of the State of Georgia refund to the said O'Brien the pro-rate amount of said taxes paid by the said O'Brien, as aforesaid, which amount to be refunded by the Treasurer of the State of Georgia is the sum of $141.67 (one hundred and forty-one and sixty-seven one-hundreth) dollars. Approved December 12, 1901.

Page 750

FOR RELIEF OF B. R. J. B. FREEMAN. No. 48. A resolution for relief of B. R. Freeman and J. B. Freeman. Whereas, B. R. Freeman and J. B. Freeman, of Meriwether county, became security on the bond of Will Moore, indicted in Meriwether superior court for a misdemeanor (breaking a pound), in the sum of fifty dollars, and said case was transferred to the city court of Greenville, of said county of Meriwether, and at the January term, 1901, of said city court, the said Will Moore failed to appear according to the terms of said bond, and the said bond was duly forfeited; and B. R. J. B. Freeman, relief of. Whereas, The said Will Moore surrendered himself to the sheriff of said county, and on the 19th day of January, 1901, was admitted to bail, and has been in attendance upon every term of said city court of Greenville since said term, and the solicitor of said city court has never put the said Will Moore on trial: Resolved by the General Assembly of Georgia, That the said B. R. Freeman and J. B. Freeman be, and are, hereby relieved of any and all further liability on said bond, and the judgment and execution based on said forfeiture is hereby declared to be null and void, and of no effect as to the said B. R. Freeman and J. B. Freeman. Approved December 16, 1901. FOR RELIEF OF ANDREW N. PLUNKETT. No. 49. A resolution for the relief of Andrew N. Plunkett, of Rockdale county, Georgia, security on the bond of W. J. Dottery. Whereas, At the April term, 1899, of the superior court of Rockdale county, Georgia, final judgment was rendered by said court against Andrew N. Plunkett, security for the appearance of W. J. Dottery, to answer to an indictment for the offense of a misdemeanor in said court; and Andrew N. Plunkett, relief of. Whereas, Since the rendition of said judgment, the said W. J. Dottery, who was at the time of said final judgment of forfeiture

Page 751

absent from this State, and in the State of Pennsylvania, and was at said time physically and financially unable to leave said State and attend Rockdale superior court; and Whereas, Since said forfeiture and final judgment, the said W. J. Dottery voluntarily returned to the said county of Rockdale, this State; and Whereas, At the October term, 1900, of the Rockdale superior court, said W. J. Dottery was tried for the offense charged in said indictment; be it therefore Resolved by the House, the Senate concurring, That the said Andrew N. Plunkett, security as aforesaid, be, and he is, hereby relieved from any and all further liability on said bond, the judgment entered or the forfeiture of the same, upon the payment of the costs thereon, if any be due. Approved December 16, 1901. FOR RELIEF OF J. T. MIKELL. No. 51. Whereas, S. S. Sasser, of the county of Bulloch, did, on the 8th day of December, 1896, in said county, make and execute his bond, conditioned for his appearance at the October adjourned term of Bulloch superior court, to answer to the charge of a misdemeanor, in the penal sum of $200.00, with J. T. Mikell and J. H. Ellis as sureties thereto; and J T. Mikell, relief of. Whereas, A rule absolute at the April term, 1897, of said court, was granted on said bond for said penal sum of $200.00 and costs; and Whereas, Said J. T. Mikell paid $100.00 on said rule absolute; and Whereas, Said S. S. Sasser was afterwards apprehended, tried, convicted, and served his sentence upon the chain-gang; be it Resolved by the House of Representatives, the Senate concurring, That said J. T. Mikell be, and he is, hereby relieved from any further liability upon said bond and rule, and the clerk of the superior court of Bulloch county is hereby authorized to cause the same to appear of record in his office. Approved December 16, 1901.

Page 752

FOR RELIEF OF ANNIE E. BRANCH. No. 52. A joint resolution to refund the amount received by the State of Georgia from the sale of wild land of Annie E. Branch, under a tax execution issued by the tax collector of Decatur county. Whereas, By virtue of an execution for the sum of $4.75, issued by P. H. Herring, tax collector of Decatur county, in the State, against a lot of land, number 269, in the 14th district of said county, for taxes alleged to be due and unpaid for the year 1883; the said lot of land was advertised, publicly exposed for sale, and knocked off on July 1, 1884, by the sheriff of aforesaid county, to A. B. Bethea, J. G. Holliday, and J. W. Holliday, the highest bidders, for the sum of $111.00; and Annie E. Branch, relief of. Whereas, The said Bethea et al. paid into the hands of the sheriff aforesaid the said sum of money, which, less taxes, cost and charge for advertising, $15.10 was paid by said sheriff into the treasury of the State; and Whereas, Annie E. Branch, of Richmond county, in this State, was the owner of said lot of land at the time of the sale, and has only recently learned that the sale was made, having continued to pay taxes on said land long after the said sale; therefore be it Resolved by the House of Representatives, the Senate concurring, That his Excellency, the Governor, be, and he is, hereby authorized to draw his warrant on the State treasury, in favor of Annie E. Branch, for the sum of $95.90, which was the net amount covered into the treasury of the State by the sheriff aforesaid. Approved December 16, 1901. FOR RELIEF OF J. W. O'BRIEN. No. 56. A resolution for the relief of J. W. O'Brien. Whereas, J. W. O'Brien did, on the 16th day of April, 1898, pay to the tax collector of Warren county, Georgia, $150.00 as a

Page 753

special tax to the State, which was imposed upon him by law as a liquor dealer of Warren county for the year 1898. He also paid to the said tax collector, on the first day of January, 1899, the further sum of $200.00, being the special tax imposed upon him by law as a liquor dealer in said county for the year 1899; and J. W. O'Brien, relief of. Whereas, On the 26th day of May, 1898, he, the said O'Brien, was enjoined by a bill of injunction granted by the judge of the superior court for said county, and required to close his business, which remained closed until the 26th day of November, 1898, when the Supreme Court of Georgia reversed the action of the lower court; and Whereas, A similar ruling made on the 7th day of April, 1899, by the said judge of the said superior court, the said O'Brien was again required to close his business for the remainder of the year 1899, and until the Supreme Court again reversed the lower court and sustained the said O'Brien on January 16, 1900; be it therefore Resolved by the General Assembly of the State of Georgia, That the Treasurer of the State of Georgia refund to the said Joe W. O'Brien the pro rata amount of said taxes paid by the said O'Brien, as aforesaid, which amount for the year 1898 is $75.00, and for the year 1899 is $146.10, making a total of $221.10 to be refunded him. Approved December 16, 1901. FOR RELIEF OF THOMAS NALL AND A. S. MURRAY No. 57. A resolution to refund the sum of $80.00 to Thos. Nall and A. S. Murray, sureties upon the bond of R. E. Hardy, former tax receiver of Spalding county. Whereas, Said Thos. Nall and A. S. Murray, as sureties upon the bond of the said R. E. Hardy, did illegally pay into the county treasury of Spalding county the sum of $80.00; and Thos. Nall and A. S. Murray, relief of. Whereas, The grand jury of said county, after careful consideration of the matter, did recommend that the said sum of $80.00 be refunded to the said Thos. Nall and A. S. Murray; therefore be it

Page 754

Resolved by the House of Representatives, the Senate concurring, That the county commissioners of Spalding county be, and the same are, hereby authorized to draw their warrant on the county treasurer of said county, in favor of Thos. Nall and A. S. Murray, for the sum of $80.00; said sum being the amount illegally paid into the Spalding county treasury by the said Thos. Nall and A. S. Murray. Approved December 16, 1901. PER DIEM AND MILEAGE OF HON. J. R. HENDERSON. No. 53. Resolved by the House of Representatives, That the Treasurer be authorized to pay to the widow of Hon. J. R. Henderson, of Forsyth county, the per diem and mileage accruing to him, he having served a part of the present session; said service being determined by death. Hon. J. R. Henderson per diem and mileage. Approved December 16, 1901. PER DIEM AND MILEAGE OF HON. LECTURED CRAWFORD. No. 55. Resolved by the House of Representatives, That the per diem and mileage accruing to Hon. Lectured Crawford, who served a part of the present session, and he died during the session, be paid to his widow by the State Treasurer. Hon. Lectured Crawford, per diem and mileage. Approved December 16, 1901.

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AGRICULTURAL EXPERIMENT STATION, DONATIONS FOR. No. 58. Whereas, Intelligent experiment has demonstrated that the State of Georgia is rich, not only in her developed resources, but in her undeveloped agricultural and manufacturing resources as well; and Whereas, Among these undeveloped resources, the cultivation of sugar-cane and its manufacture into sugar; the cultivation of cassava; the cultivation of grasses specially adapted to stock and cattle-raising, are among the most important; and Whereas, There is a very extensive and fertile area of the southern portion of Georgia specially fitted by soil, climate, labor conditions and raw material, there produced, for the scientific growth and manufacture of sugar-cane, cassava, and other agricultural products; and Agricultural Experiment Station in South Georgia. Whereas, The establishment of an Agricultural Experiment Station in the southern portion of Georgia is being very generally considered; now, therefore, as a legislative recognition of the importance of the establishment of such experimental station, and in contemplation of its establishment and maintenance, in the manner hereinafter indicated: be it Resolved by the House, the Senate concurring, That the State of Georgia is authorized, in her sovereign right, to receive, hold and utilize, for the purposes hereinabove indicated, donations by deed, will, or otherwise, any and all property, real or personal, which may be donated, dedicated, conveyed, devised, or bequeathed unto the State of Georgia for the encouragement, establishment and maintenance of an Agricultural Experiment Station in South Georgia. Donations for. Approved December 16, 1901. NORTHEASTERN RAILROAD EMPLOYEES, WAGES OF. No. 60. Whereas, Heretofore, to wit, on the day of May, 1896, the Northeastern Railroad of Georgia was leased by the State to Richards and Company; and Whereas, Many thousands of dollars were paid to the State by said lessees from the earnings of said road; and

Page 756

Whereas, Said sums so paid were largely the fruit of the labors of the employees of said road; and Northeastern Railroad, wages of employees Whereas, Said lessees having defaulted in the payment of the rental of said road, the same was seized by the State before the last month's pay of said employees, amounting in the aggregate to the sum of $1,720, was paid by said lessees; and Whereas, Under proceedings instituted in the superior court of Clarke county, Georgia, a receiver was appointed to take charge of the assets of said lessees; and Whereas, Said proceedings are still pending in said court, and said receiver has now in his hands funds belonging to said lessees, more than sufficient to pay said wages of said employees; and Whereas, The State has intervened in said proceedings, and is claiming said funds under its superior lien; now, therefore, be it Resolved by the General Assembly of Georgia, That the Attorney General be, and he is, hereby authorized and directed to waive the State's superior lien on the funds in the hands of the receiver as against said employees, and agree to the payment of the various sums due to said employees upon proper proof thereof. Approved December 16, 1901. CONSTITUTIONAL AMENDMENTS, COMMITTEE TO CONSIDER. No. 31. A joint resolution to raise a committee to consider, prepare and report amendments to the Constitution of this State. Resolved by the Senate, the House concurring, That a joint committee of the two houses be, and the same are, hereby raised to consist of five Senators, to be named by the President, and ten Representatives to be appointed by the Speaker, whose duty it shall be to carefully consider and prepare and report, at the earliest practicable day, such various amendments to the Constitution of this State as past experience and present conditions seem to require. Constitutional amendments. Approved November 30, 1901.

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CONSTITUTIONAL AMENDMENTS, STENOGRAPHER FOR COMMITTEE ON. No. 29. Resolved by the Senate, the House concurring, That the joint committee on constitutional amendments, be, and it is, hereby authorized and empowered to employ a competent stenographer. Stenographer for committee Approved November 30, 1901. REFERRING PROPOSED AMENDMENTS TO CONSTITUTION TO COMMITTEE. No. 37. Resolved by the Senate, the House concurring, That all bills and resolutions, now pending before the Senate and House of Representatives providing for amendments to the Constitution, be, and the same are, hereby referred to the joint committee of fifteen of the two houses on constitutional amendments. Constitutional amendments. Approved November 7, 1901. DIRECTING STATE GEOLOGIST TO INVESTIGATE DEPOSITS OF KAOLIN. No. 30. Resolved by the Senate, the House concurring, That the State Geologist be, and he is, hereby directed to investigate and report to the General Assembly, as early as practicable during its present session, the nature, character, extent and value of the deposit of kaolin and other commercial clays in the State, setting out in said report the uses to which said products can be put, their commercial value, and the best way in which the same can be utilized to the best advantage, and the means and methods by which knowledge of the manufacture of kaolin into articles of commerce can be imparted so as to secure skilled labor in such manufacture, and feasibility of adding a branch charged specially with the technological

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instruction in such industries to the State School of Technology. Kaolin; deposits of, investigation of. Approved November 30, 1901. TO FURNISH COLQUITT COUNTY WITH SUPREME COURT REPORTS. No. 62. A resolution to provide certain reports of the Supreme Court of Georgia for the county of Colquitt, and for other purposes. Whereas, During the year 1881, the county court-house of Colquitt county, Georgia, was destroyed by fire, burning and destroying the following Supreme Court reports belonging to the county library of said county: Vols. 2, 3, 4, 6 to 12 inclusive, 15 to 22 inclusive, 30, 33, 35, 37, 38, 40 to 44 inclusive, 46, 47, 48, 51, 52, 54, 56, 57, 58, 59 and 61, making a total number of thirty-nine (39) volumes so destroyed; and Colquitt county, Supreme Court, reports for Whereas, Said county has no copies of these reports; and Whereas, Sections 174 and 175, Vol. 1, Code of 1895, provide that in such cases the counties of the State shall be supplied with reports so destroyed; be it Resolved by the General Assembly of the State of Georgia, That the Governor be authorized and directed to draw a warrant on the Treasurer of said State for the sum of two hundred and fifty dollars ($250.00), or so much thereof as may be necessary, to be used in purchasing one copy each of said reports, to be delivered to the clerk of the superior court of said Colquitt county. Approved December 17, 1901. TO FURNISH U. S. COURT WITH ACTS AND SUPREME COURT REPORTS. No. 61. A resolution providing for supplying the United States Circuit Court of Appeals, of the Fifth Circuit, with Georgia Reports and Acts, and other purposes. Resolved by the House of Representatives, the Senate concurring, That, beginning with the Acts of 1901, and the 113th Georgia

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Report, the State Librarian supply the United States Circuit Court of Appeals for the Fifth Circuit with the Legislative Acts of the State, and the volumes containing the decisions of the Supreme Court of Georgia. U. S. Circuit Court of Appeals, Georgia reports for 2. Repeals conflicting laws. Approved December 16, 1901. ASKING AMENDMENT OF PENSION LAWS OF U. S. No. 74. Resolved by the Senate, the House concurring, That whereas, the government of the United States has enacted certain laws for the survivors of the Indian wars, 1836-1838, but has made through its executive officers the same to apply only to those who were mustered in the service of the United States; and omitting provisions for those who mustered in the Georgia State service by the proper mustering officers of the State, yet who served with equal ability and success in securing victorious results in said wars; and Pension laws of the U. S. Whereas, The neglect of the war department to muster the members of the companies which performed service should not cause those members to be deprived of the benefits of legislation equally with those who were mustered in the United States military service; therefore, as a matter of equitable legislation, we do hereby adopt the following: Resolved by the Senate and House of Representatives of the State of Georgia in legislative session assembled, That the Senators and Representatives of this State in the Congress of the United States be, and they are, hereby requested to use their efforts in securing such amendatory legislation as will recognize as beneficiaries under the laws and statutes of the United States relative to granting pensions to the survivors, or their widows, of those serving in the Indian was of 1836-1838, inclusive. All additional survivors who were enlisted with State service for such purpose, and performed duty in acordance with those who were mustered in the United States service. Approved December 18, 1901.

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ASKING APPROPRIATION BY U. S. OF CAPTURED PROPERTY FUND AND COTTON TAX FUND. No. 50. Whereas, There is now in the treasury of the United States a sum approximating $39,000,000, arising from the sale of captured and abandoned property, and a fund approximating $66,000,000, arising from what is known as the cotton tax fund. Both of said funds have been exacted from the people of the South in time of passion and excitement, connected with the war between the States, and which funds, for reasons of justice, based on law and fact, it is believed should be refunded to the people from whom said funds were taken; and aptured property fund and cotton tax fund in U. S. Treasury. Whereas, It is at this late day impracticable to ascertain and identify the particular persons who would be entitled as individuals to participate in a distribution of said funds, but it being plain that the same came exclusively from the people of the South; therefore Resolved, That it is the sense of this General Assembly that said funds should be devoted and applied specifically to educational purposes amongst the people of the Southern States, and the Congress of the United States is hereby requested, by a bill suitably framed, to appropriate the same to such purposes accordingly; and that the same be done through the agency of the legislatures of said Southern States, or by commissions in each State, or other agency, such as, in the wisdom of Congress, may be devised. Approved December 16, 1901. ASKING APPROPRIATION BY U. S. OF CAPTURED PROPERTY FUND AND COTTON TAX FUND. No. 43. Whereas, There is now in the treasury of the United States a sum approximating $39,000,000, arising from the sale of captured and abandoned property, and a fund approximating $66,000,000, arising from what is known as the cotton tax fund, both of said funds having been exacted from the people of the South in the time of passion and excitement, connected with the war between the State, and which funds, for reasons of justice, based on law

Page 761

and fact, it is believed should be refunded to the people from whom said funds were taken; and Captured property fund and cotton tax fund in U. S. Treasury. Whereas, It is at this late day impracticable to ascertain and identify the particular persons who would be entitled as individuals to participate in a distribution of said funds, but it being plain that the same came exclusively from the people of the South; therefore Resolved, That it is the sense of this General Assembly that said funds should be devoted and applied specifically to educational purposes amongst the people of the Southern States, and the Congress of the United States is hereby requested, by a bill suitably framed, to appropriate the same to such porposes acordingly; and that same be done through the agency of the legislatures of said Southern States, or by commissions in each State, or other agency, such as. in the wisdom of Congress, may be devised. Approved December 14, 1901. LOUISIANA PURCHASE EXPOSITION, COMMISSIONERS FOR. No. 36. Be it resolved by the House of Representatives, the Senate concurring, That from and after the passage of this resolution, the Governor of this State shall appoint one citizen from the State at large, who, with the Commissioner of Agriculture and the State Geologist, shall constitute a board of commissioners for the Louisiana Purchase Exposition to be held in St. Louis in 1903. Be it further Louisiana Purchase Exposition, commissioners to. Resolved That it shall be the duty of said board to meet at as early a day as practicable after their appointment, and it shall be their duty to take proper steps to see that the State of Georgia is properly represented at said exposition, and to that end they are hereby authorized to devise any legal means to see that the agricultural products and the other resources of Georgia are represented at said exposition, and they are authorized to use the State museum as an exhibit at said exposition, and raise funds by contribution to make a creditable display, and they are authorized to take proper steps to have a State building erected on the exposition grounds, provided they can raise sufficient funds for that purpose. Be it further Resolved, That at the same time when said board is appointed, the Governor shall appoint two citizens from each Congressional district,

Page 762

who shall co-operate with said board in securing exhibits from their respective districts, to the end that the resources and products of every part of the State shall be adequately represented. Be it further Resolved, That the board of commissioners shall report to the next General Assembly what progress they have made in securing such an exhibit, and what steps have been taken for the erection of a State building, together with such other information as they may have, and such recommendations as they may see proper to make for the purpose of carrying out the objects of this resolution. Approved December 2, 1901. ROSTER OF GEORGIA SOLDIERS AND SAILORS IN CIVIL WAR. No. 73. Whereas, The importance and great value of having a complete roster and history of all the soldiers and sailors that the State of Georgia sent into the service of the State, and Confederate States, during the late war between the States, cannot be measured in dollars and cents; and Georgia soldie and sailors, roster and history of. Whereas, Such a roster and history of the Georgia soldiers and sailors will be invaluable to the citizens of the State in the distant future, and, as no adequate provision has ever been made to gather up the fragments of these wasting rolls to be put in durable shape, that the names of these men, whose loyalty to the State, in her most trying ordeal, made the brightest page in her already brilliant history, may be preserved and perpetuated; be it Resolved, therefore, by the General Assembly of the State of Georgia, That General Clement A. Evans, and such associates as he may select, be, and they are, hereby authorized to gather up from the archives of the State all such rolls and information as are in possession of any of the departments of the State, or from any other source whatever, and make as complete a roster as possible of all of the soldiers and sailors that the State enlisted in her own service, and of the Confederate States, during the late war between the States, and have the same published in book form without expense to the State. Be it further resolved by the authority aforesaid, That the Senators and Representatives from Georgia in Congress of the United States be, and they are, hereby requested to obtain, by resolution,

Page 763

from the government permission authorizing the officers of the government having the possession of the Confederate States papers and files to allow General Clement A. Evans, his associates and authorized agent, to examine said papers and files, and make copies of all such as may pertain to and give information of the Georgia soldier and sailor, and bring such copies so made to Georgia for the purpose of making a roster and history of all the Georgia soldiers and sailors during the late war between the States. Approved December 18, 1901. DAUGHTERS OF THE CONFEDERACY, PAPERS OF. No. 22. Resolved by the House of Representatives, the Senate concurring, That the Daughters of the Confederacy of the State of Georgia be granted space in the State capitol for the purpose of keeping and preserving papers, historical facts, relics, flags, and souvenirs of the war between the States. Daughters of the Confederacy. Approved November 5, 1901. DAUGHTERS OF THE CONFEDERACY, PAPERS OF. No. 32. Be it resolved by the Senate, the House concurring, That for the purpose of the safe keeping and the better preservation of historical papers, archives, and relics of the war between the State heretofore collected, and hereafter to be obtained by the various chapters of the Daughters of the Confederacy, and other similar organizations and individuals in this State, that the said organization known as the Daughters of the Confederacy be allowed, and they are hereby permitted to occupy suitable space in the State capitol building, such occupancy to be terminated at any time when, in the opinion of the Governor, such space is needed for other purposes. Daughters of the Confederacy. Resolved further, That the keeper of public buildings be, and is hereby directed, under the supervision of the Governor, to set apart and assign such quarters to carry out the purpose of this resolution as may be practicable and convenient. Approved November 30, 1901.

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EFFIGIES FOR STATUARY HALL AT WASHINGTON, D. C. No. 27. A resolution providing for the appointment of a commission to devise plans for and secure the erection of an effigy of a Georgian in Statuary Hall, at Washington, D. C. Whereas, By an Act of the National Congress, July 2, 1864, there has been set aside in the National capitol at Washington a hall, wherein the various States of the Union are invited to erect effigies of two chosen sons in marble or bronze, who, through honorable or patriotic deeds, entitle them to lasting remembrance by the State and nation; and Effigies of Georgians in Statuary Hall of National Capitol. Whereas, The State of Georgia is not represented in said Statuary Hall, notwithstanding she is one of the original thirteen States of the Union, and has many names that are carved on the pages of the State's history, who would make worthy representatives therein; therefore be it Resolved by the House of Representatives, the Senate concurring, That a commission of fifteen, five of whom shall be from the members of the present House, three from the present Senate, be appointed by the Governor to devise a plan for securing the erection of such effigy, and a method by which the honor may be justly bestowed upon one, or two, of Georgia's galaxy of noble and patriotic sons, the expense incurred by erection of said effigies to be raised by popular subscription. Approved November 8, 1901. HON. PORTER KING, MEMORIAL COMMITTEE. No. 25. Whereas, The Honorable Porter King, a representative from Fulton county, was suddenly stricken and died last evening; therefore be it Hon. Porter King. Resolved by the House of Representatives, the Senate concurring, That a committee of seven from the House and five from the Senate be appointed to report such observances as should be taken by the General Assembly upon the loss of a distinguished member. Approved November 9, 1901.

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STATE CAPITOL, REPAIRS OF. No. 38. Resolved, That a committee of two from the Senate and three from the House be appointed to confer with a competent architect to ascertain what work of actual repair and renovation is necessary to put the capitol building in good order, and that said committee be directed to report upon the condition of the building at their earliest convenience. State capitol, repairs of. Approved November 30, 1902. BRITISH SOUTHERN STATES (U. S. A.) CATTLE ABATTOIR AND PRODUCE COMPANY. No. 39. A resolution in regard to the British and Southern States (U. S. A.) Cattle Abattoir and Produce Company, limited. Whereas, The British and Southern States (U. S. A.) Cattle Abattoir and Produce Company, limited, is organized with a view to embarking in business in the State of Georgia; and British and Southern States (U. S. A.) Cattle Abattoir Produce Co Whereas, The business, backed by ample capital, gives fair promise of the development of the cattle, hog and sheep industry of the State, and the utilization of vast acreage of the waste lands of the State, and the promotion and encouragement of truck farming and fruit growing, and will not only greatly increase, both in amount and variety, the productive capacity of the State, but will open to these products the markets of the world by the company's separate and distinct line of steamers from the ports of Georgia, and will induce the immigration necessary to supply the demands of the material development thus inaugurated; and Whereas, The seccessful accomplishment of these and kindred purposes of said company will inure greatly to the best interests of the State of Georgia, and the increase in its wealth and population; therefore be it Resolved by the Senate, the House of Representatives concurring, That the said The British and Southern States (U. S. A.) Cattle Abattoir and Produce Company, limited, is welcomed to the

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State of Georgia, and should be encouraged in its establishment, and in the prosecution of the laudable purposes of its organization. Approved December 3, 1901. SOLDIERS' HOME, COMMITTEE TO VISIT. No. 34. Whereas, The General Assembly of Georgia, by an Act, approved December, 1900, made the Soldiers' Home an institution of the State; therefore be it Soldiers' Home. Resolved by the Senate, the House concurring, That a committee of three from the Senate and five from the House be appointed to visit said Soldiers' Home and report on its condition. Approved December 2, 1901. NORTH GEORGIA AGRICULTURAL COLLEGE, COMMITTEE TO VISIT. No. 44. Resolved by the Senate, the House of Representatives concurring, That a joint committee of ten, composed of four from the Senate and six from the House, to be appointed by the President of the Senate and Speaker of the House, to visit the North Georgia Agricultural College, at Dahlonega, Georgia, at its commencement in June, 1902. North Georgia Agricultural College. Approved December 14, 1901. STATE FAIR AT SAVANNAH. No. 26. Resolved by the House of Representatives, the Senate concurring, That the invitation extended by the State Fair Association to attend the State Fair at Savannah, Georgia, on Wednesday, November 6th, be, and the same is, hereby accepted. State Fair at Savannah.

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Resolved further, That said date be considered dies non, and be not counted as a legislative day. Approved November 5, 1901. SOUTHERN EDUCATIONAL CONFERENCE INVITED No. 24. Resolved by the House of Representatives of the State of Georgia, the Senate concurring, That the Southern Educational Conference be invited to hold their next session in the State of Georgia. Southern Educational Conference. Approved November 8, 1901. THURSDAY, NOVEMBER 28, CONSIDERED A DIES NON. No. 33. Resolved by the House of Representatives, the Senate concurring, That no session of the General Assembly be held on Thursday, November 28th, Thanksgiving-Day, and that said day be counted as dies non. Dies non. Approved December 2, 1901. UNFINISHED BUSINESS, COMPLETION OF. No. 59. A resolution for the completion of the 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

Page 768

to all bills and resolutions passed previous to said adjournment, and they be allowed their per diem for said time. Unfinished business. Resolved further, That the chairman respectively of the Enrollment and Auditing Committees of the House and Senate, together with four members of the House and Senate Enrolling Committees, and three (3) members of the House and Senate Auditing Committees, to be designated by the chairman thereof, be, and they are, hereby authorized to remain at the capitol for five days after the adjournment of the General Assembly, for the purpose of bringing up the unfinished business of the session, and that they be allowed their per diem for said time. Resolved further, That the post-mistress 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 and forwarding the members' mail, and that she be allowed her per diem for said time. Resolved further, That two porters 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. Approved December 16, 1901. JOURNALS OF SENATE AND HOUSE, INDEX FOR. No. 54. Resolved by the House of Representatives, the Senate concurring, That the sum of one hundred and fifty ($150.00) dollars be appropriated to pay for the indexing of the Journals of the Senate and House of Representatives of the General Assembly of Georgia for the session of 1901, the said sum to be drawn by O. L. Gresham and L. G. Brannen, Journal clerks of the House and Senate. Index to Journals. Resolved further, That the Governor is authorized to draw his warrant on the Treasurer for said sum. Approved December 16, 1901.

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INDEX. A ACCIDENT INSURANCE Regulation of 74 ADAIRSVILLE, TOWN OF Charter amended 295 ADMINISTRATORS Dismissal of 40 AGRICULTURAL EXPERIMENTAL STATION Donations for 755 ALBANY, CITY OF Charter amended 297 City Court of, Act creating amended 93 ALLENTOWN, TOWN OF Incorporated 299 AMERICUS City Court of, Act creating amended 92 ANIMALS Running at large, damages by 33

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APPROPRIATIONS For new union passenger station at Atlanta 7 For Confederate Soldiers' Home 14 For contingent expenses and pensions 15 For Georgia State troops 15 For Georgia monument at Chickamauga 16 For stenographer of Committee on Constitution 15 To supplement indigent pension fund 737 To pay public printer 738 To pay for investigating academy for blind 738 To pay assistant doorkeeper of Senate 739 To pay assistant doorkeeper of Senate 739 To pay specified pensions 741 747 ARGYLE, TOWN OF Incorporated 301 ASHBURN, TOWN OF Public schools for 305 ATHENS Dispensary, profits of, how applied 309 ATLANTA Charter of, amended 310 Charter of, amended 311 New union passenger station for 7 Additional State depository in 29 AUGUSTA Charter of, amended 313 Charter of, amended 313 Charter of, amended 314

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B BABCOCK, TOWN OF Incorporated 316 BAINBRIDGE Made a city 320 New charter for 321 State depository in 27 City Court of, Act amended 94 BALDWIN, TOWN OF Charter of, amended 329 BANKS COUNTY Superior Court of, terms of 48 BARNESVILLE Dispensary, Act establishing amended 331 Dispensary, Act establishing amended 333 BARTOW, TOWN OF Charter amended 334 BAXLEY, CITY OF Charter amended 335 City Court of, Act creating amended 95 BERKELY, TOWN OF Incorporated 662

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BIBB COUNTY Road laws for, amended 221 BLACKSHEAR BANK Charter amended 726 BLUE RIDGE, CITY OF State depository in 28 BLUFFTON, TOWN OF Charter amended 336 BONDS Of tax receivers 23 BRANCH, ANNIE E. For relief of 752 BRIDGES AND FERRIES On county lines, how kept up 21 BRITISH AND SOUTHERN STATES (U. S. A.) CATTLE ABBATIOR AND PRODUCE CO 765 BUFORD City Court of, established 96 BURKE COUNTY County Court of, abolished 214

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BUTTS COUNTY County Court of, Act creating amended 215 Commissions of Tax Collector for 1874 and 1875 222 BYROM SCHOOl DISTRICT In Houston county, incorporated 254 C. CALHOUN, TOWN OF Charter amended 341 Charter amended 342 Charter amended 345 Institute, property of transferred 345 CAMPBELL COUNTY Superior Court of, terms of 47 CAPITOL Repairs of 765 CARNESVILLE City Court of, established 112 Town of, made a city 346 CASES, NON SUITED OR DISMISSED How removed 80 CHARLTON COUNTY County site of, changed 223

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CHATHAM COUNTY Supplies for offices of Ordinary and Clerk Superior Court 224 CHEROKEE COUNTY Superior Court of, terms of 48 CHICKAMAUGA PARK Lands for, ceded to U. S. 85 CITY COURT OF Americus, Act creating amended 92 Albany, Act creating amended 93 Bainbridge, Act creating amended 94 Baxley, Act creating amended 95 Buford, established 96 Carnesville, established 112 Dawson, Act creating amended 122 Dublin, Act creating amended 124 Eastman, Act creating repealed 127 Early county, Act creating amended 128 Elberton, Act creating amended 133 Griffin, special bailiff for 133 LaGrange, Act creating amended 135 Moultrie, established 136 Mount Vernon, established 146 Polk county, established 156 Sandersville, established 164 Valdosta, Act creating repealed 175 Valdosta, established 176 Vienna, established 189 Waynesboro, established 201 CLAYTON COUNTY Superior Court of, terms of 48

Page 775

COBB COUNTY Powder Springs School District incorporated 225 CODE AMENDMENTS Volume 1 Section 345Notice, contract for county work 20 Section 610Bridges and ferries on county lines 21 Section 732Sales for municipal taxes 23 Section 932Tax Receiver's bonds 23 Section 982State depository in Sylvania 24 Section 982State depository in McRae 25 Section 982State depository in Cornelia 26 Section 982State depository in Fitzgerald 27 Section 982State depository in Bainbridge 27 Section 982State depository in Blue Ridge 28 Section 982State depository in Mt. Vernon 28 Section 982State depository in Atlanta 29 Section 1653Pilots for Brunswick and Satilla river 30 Section 1655Pilotage of coastwise vessels 31 Section 1775Animals at large, damages by 33 Volume 2 Section 2061Insurance companies on assessment plan 33 Section 2234Railroad crossings, how guarded 36 Section 2248Railroad employees to report stock killed 37 Section 2573Lunacy cases, jurors in 38 Section 3249Processioner's protest of, owners to return of 39 Section 3509Administrators, dismissal of 40 Section 4082Justices of Peace, compensation 40 Section 4101Justices' Courts, continuances in 41 Section 4340Superior Courts, terms of 42 Section 4719Garnishee, answer of 43 Volume 3 Section 813Jury Commissioners, removal of 43 Section 1255Inquests, where held 44 COFFEE COUNTY License for retailing liquor therein 229

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COLQUITT COUNTY County Court of, abolished 216 Supreme Court, reports for 758 COLQUITT, TOWN OF Charter repealed 347 Incorporated 348 COLUMBIA COUNTY Board of Commissioners abolished 230 COLUMBUS Charter amended 354 Commons, sale of 356 Commons, sale of 357 Commissioners of Commons 358 Free Kindergarten Association 730 COMER, TOWN OF Public schools for 352 COMMERCIAL FERTILIZERS Tax on 65 Analysis, inspection, registration and sale 65 COMMISSIONER OF PENSIONS Office of 58 CONFEDERATE SOLDIERS' HOME Appropriation for 14

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CONSTITUTIONAL AMENDMENTS Committee to consider 756 Stenographer for committee 757 Reference to 757 CONTINGENT EXPENSES OF STATE Appropriation to supply deficiencies 15 COOLIDGE, TOWN OF Incorporated 359 CORNELIA, TOWN OF State depository in 26 COTTON SEED HULLS Weight required 63 COVINGTON Public school for 368 COUNTY COURT OF Burke county, abolished 214 Butts county, Act creating amended 215 Colquitt county, abolished 216 Dooly county, abolished 217 Franklin county, abolished 217 Miller county, fees of solicitor 218 Warren county, abolished 219 COUNTY OFFICES Supplies for, how furnished 62

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COUNTY OFFICERS Accounts of, how examined 57 COUNTY SUPPLIES How furnished 81 COUNTY WORK How let 20 COWETA COUNTY Drainage of 231 CRAWFORD, HON. LECTURED Per diem and mileage of 754 CROPPERS Under contract, employment of 63 CULVERTON, TOWN OF Charter amended 370 D DAWSON City Court of, Act creating amended 122 DAUGHTERS OF THE CONFEDERACY Papers of 763

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DECATUR, TOWN OF Public schools for 371 DEFICIENCIES Governor authorized to borrow and pay 737 DEKALB COUNTY Superior Court of, terms of 48 Drainage of 232 DIES NON Thursday, November 28th 767 DODGE COUNTY Superior Court of, terms of 46 DOERUN, TOWN OF Public schools for 372 DOOLY COUNTY County Court of, abolished 216 DOUGLAS COUNTY Drainage of 234 DUBLIN Public school fund 375 City Court of, Act creating amended 124

Page 780

E EARLY COUNTY City Court of, Act creating amended 128 EASTMAN City Court of, abolished 127 Dispensary for 376 EFFIGY FOR STATUARY HALL AT WASHINGTON, D. C. 764 ELBERT COUNTY Board of Commissioners 236 ELBERTON City Court of, Act creating amended 133 EMANUEL COUNTY Board of Commissioners abolished 236 Board of Commissioners created 237 EMERSON, TOWN OF Charter amended 379 F FANNING COUNTY A private way in 240

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FAYETTE COUNTY Board of Commissioners 241 Inman School District incorporated 242 FISH Catching on seacoast regulated 83 FITZGERALD State depository in 27 Charter amended 380 FOLKSTON County site of Charlton county 233 FRANKLIN COUNTY Superior Court, terms of 48 County Court of, abolished 217 Freeman, B. R. and J. B., for relief of 750 FREE KINDERGARTEN ASSOCIATION, OF COLUMBUS, 730 FULTON COUNTY Act establishing public schools amended 244 G GARNISHEE Answer of 43 Liability of 55 GENERAL ASSEMBLY Apportionment of Representatives 51

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GEORGIA MONUMENT AT CHICKAMAUGA Appropriation for tablet 16 GEORGIA REPORTS Republication of 78 GEORGIA SOLDIERS AND SAILORS Roster of 762 GEORGIA STATE TROOPS Appropriation for 15 Colored, Lieutenant-Colonel 84 GILLSVILLE, TOWN OF Incorporated 382 GOVERNOR Authorized to borrow money 737 GREENE COUNTY Board of Commissioners, Act creating amended 248 GREENSBORO Charter amended 392 GRIFFIN Charter of, amended 393 City Court of, bailiff for 133

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H. HALL COUNTY Game, protection of 249 HARMONY GROVE, CITY OF Incorporated 405 Town of, charter repealed 420 HART COUNTY Board of Commissioners for 250 HARTWELL, TOWN OF Charter amended 421 HAZELHURST, TOWN OF Public schools for 427 HENDERSON, HON. J. R. Per diem and mileage of 754 HENRY COUNTY Drainage of 252 HEROD, TOWN OF Incorporated 431 HIGH SHOALS, TOWN OF Incorporated 434

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HOGANSVILLE, TOWN OF New charter for 436 Dispensary for 447 Public schools for 452 HOUSTON COUNTY Byrom School District incorporated 254 HYGIENE To be taught in public schools 54 I IMPORTATION Of diseased stock 82 INDUSTRIAL LIFE INSURANCE COMPANIES Agents of, not taxed 17 INMAN SCHOOL DISTRICT In Fayette county, incorporated 242 INQUESTS When held 44 INSOLVENT CRIMINAL COSTS In Northern Circuit 290 IRWIN COUNTY Superior Court of, terms of 46

Page 785

IRWINVILLE, TOWN OF Incorporated 454 Charter repealed 459 INSURANCE COMPANIES On assessment plan 33 Accident, regulation of 74 On assessment plan 77 J JACKSON COUNTY Board of Commissioners for 257 JACKSON, TOWN OF Charter amended 460 JEFFERSONVILLE, TOWN OF Incorporated 461 Public schools for 467 Dispensary for 468 JOURNALS, OF SENATE AND HOUSE, INDEX FOR. 70 JURY COMMISSIONERS Removal of 13 JUSTICES' COURTS Continuances in 41 Jurisdiction of, in cities 56

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JUSTICES OF THE PEACE Compensation of 40 K KESTLER, TOWN OF Charter amended 471 KING, HON. PORTER Memorial committee 764 KAOLIN, DEPOSITS OF Investigation by Geologist 755 L LA GRANGE City Court of, Act creating amended 135 New charter for 477 Public schools for 500 Dispensary for 506 LENOX, TOWN OF Incorporated 510 LIBRARIES Public, how maintained 52 LIENS For hauling lumber 80

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LINWOOD, TOWN OF Incorporated 515 LONE OAK, TOWN OF Incorporated 520 LOUISIANA PURCHASE EXPOSITION Commissioners for 761 LUMBER CITY, TOWN OF Public schools for 523 LUNACY CASES Records in 38 M MACON, CITY OF Charter amended 524 McDONOUGH, TOWN OF Charter amended 530 Charter amended 531 McINTOSH COUNTY Protection of live stock 261 McRAE, TOWN OF State depository in 25 Water-works for 533

Page 788

MIKELL, J. F., FOR RELIEF OF 751 MILLER COUNTY Fees for Solicitor in County Court 218 MILLEDGEVILLE, CITY OF Charter amended 549 MILLTOWN, TOWN OF Incorporated 535 MINERAL BLUFF, TOWN OF Charter amended 550 Public schools for 552 MINORS Convicted of misdemeanors, sentence of 82 MITCHELL COUNTY Dispensaries abolished 263 MITCHAM, T. J. AND OTHERS For relief of 748 MOLENA SCHOOL DISTRICT In Pike county, incorporated 273 MONROE COUNTY Dispensaries for 264 Domestic wines, sale of 269

Page 789

MONTGOMERY COUNTY Superior Court of, terms of 46 MONTICELLO, TOWN OF Act to regulate repealed 565 MONTICELLO, CITY OF Incorporated 565 MOULTRIE City Court of, established 136 Made a city 591 MOUNT VERNON City Court of, established 146 Charter amended 608 State depository in 28 MUNICIPAL TAXES Sales for 23 MURRAY COUNTY [Illegible Text] of 270 Manufacture of liquor in, prohibited 271 N NALL, THOS., AND ANOTHER For relief of 753

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NATIONAL FOREST RESERVE Lands for 84 NEWTON COUNTY Superior Court of, terms of 48 North-Eastern railroad, wages of employees 755 NON SUITS AND DISMISSALS Renewal of cases 80 NORTH GEORGIA AGRICULTURAL COLLEGE Committee on 766 NORTHERN CIRCUIT Insolvent criminal costs in 290 O OAKLAND CITY, TOWN OF Charter amended 609 O'BRIEN, E.S. For relief of 749 O'BRIEN, J.W. For relief of 752 P PALMETTO, TOWN OF Corporate limits extended 610

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PEOPLES SAVINGS AND LOAN CO. Charter amended 729 PELHAM, TOWN OF Charter amended 611 PENSIONS Appropriation to supply deficiencies for 1901 15 Appropriation to supplement indigent pension fund 737 Commissioner of, office of 58 Of widows, applications for 59 PICKENS COUNTY Board of Commissioners for 272 PIKE COUNTY Molena School District incorporated 273 PILOTAGE Of coastwise vessels [Illegible Text] PILOTS For ports of Brunswick and Satilla river 30 PHYSIOLOGY To be taught in public schools 54 PLEAS In suits on accounts 55

Page 792

PLUNKETT, ANDREW N. For relief of 750 POLK COUNTY City Court established 156 POWDER SPRINGS SCHOOL DISTRICT In Cobb county, incorporated 225 POWELLVILLE, TOWN OF Charter repealed 612 PRESTON, TOWN OF New charter for [Illegible Text] PRINTING FUND Appropriation to pay deficiency 738 PROCESSIONERS Protest of owner to return of 39 PULASKI COUNTY Superior Court, terms of 46 Dispensary for 277 PUBLIC LIBRARIES How maintained 52 PUBLIC PROPERTY FUND Applied to pay interest on bonds 736

Page 793

PUBLIC SCHOOLS Physiology and Hygiene taught 54 PUBLIC ROADS How located 79 R RAILROADS Crossings, how guarded 36 Employees' reports of stock killed 37 ROCKDALE COUNTY Superior Court, terms of 48 Fish, protection of 281 ROME, CITY OF Dispensary for 620 S SALES For municipal taxes 23 SANDERSVILLE Charter amended 624 Charter amended 626 City Court of, established 164 SANITARY REGULATIONS By county authorities 61

Page 794

SAVANNAH Officers of, when elected 627 Center street closed 628 Corporate limits extended 628 SAVANNAH TRUST AND SAFE DEPOSIT CO. Charter amended 728 SCHOOL OF TECHNOLOGY Tuition in 51 SENOIA, TOWN OF Public schools for 630 SMITHVILLE, TOWN OF Charter amended 633 SOLDIERS' HOME Committee to visit 766 SOUTHERN EDUCATIONAL CONFERENCE Invited 767 SPALDING COUNTY Manufacture of liquors in 282 SPRING PLACE, TOWN OF Public schools for 646

Page 795

STATE CAPITOL Repairs of 763 STATE DEPOSITORY In Sylvania 24 In McRae 25 In Cornelia 26 In Fitzgerald 27 In Bainbridge 25 In Blue Ridge 28 In Mount Vernon 28 In Atlanta 29 STATE GEOLOGIST To investigate Kaolin deposits 757 STATE FAIR At Savannah 766 SUMMERVILLE, VILLAGE OF Charter amended 649 SUPERIOR COURTS, TERMS OF 42 Banks county 48 Campbell county 47 Cherokee county 48 Clayton county 47 DeKalb county 47 Dodge county 46 Fannin county 48 Irwin county 46 Montgomery county 46 Newton county 47 Pulaski county 46 Rockdale county 47

Page 796

Telfair county 46 Twiggs county 46 Wilcox county 46 Union county 49 SYLVANIA, TOWN OF State depository in 24 T TAYLOR COUNTY Board of Commissioners, clerk of 282 TAX Agents of industrial life insurance companies exempt 17 On property of transient persons 18 On commercial fertilizers 65 TAX RECEIVERS Bonds of 23 TECHNOLOGY Tuition in school of 51 TELFAIR COUNTY Superior Court of, terms of 46 TEMPLE, TOWN OF New charter for 650 TENANTS Under contract, employment of 63

Page 797

TERRELL COUNTY Dispensary, Act establishing, amended 283 TITLE GUARANTEE AND LOAN CO. Of Savannah 729 TOCCOA, TOWN OF Public schools for 661 TRADERS' HILL County site of Charlton county, removed from 223 TRIPP, TOWN OF Incorporated under name of Berkley 662 TRUST FUNDS How invested 57 TWIGGS COUNTY Superior Court of, terms of 46 U UNFINISHED BUSINESS For completion of 767 UNION COUNTY Superior Court of, terms of 49

Page 798

UNION POINT, TOWN OF Incorporated 666 U. S. PENSION LAWS Amendment of 759 U. S. COURT Supreme Court reports and statues for 758 U. S. CAPTURED PROPERTY AND COTTON TAX Payment of 760 U. S. CAPTURED PROPERTY AND COTTON TAX Payment of 760 VALDOSTA City of, incorporated 670 Town of, charter repealed 689 City Court, abolished 175 City Court, established 176 VIENNA City of, incorporated 689 Town of, charter repealed 705 City Court of, established 189 W WAGES OF DECEASED EMPLOYEES OF CORPORATIONS To whom paid 60

Page 799

WALESKA, TOWN OF Charter amended 706 Charter amended 707 WALL PLEDGER Convict hire refunded 740 WARE COUNTY Public schools for 284 License to sell liquor 288 WARREN COUNTY County Court abolished 219 WARRENTON, TOWN OF Public schools for 708 WASHINGTON Dispensary for 710 WATKINSVILLE, TOWN OF Charter amended 715 WAYCROSS Charter amended 715 WAYNE COUNTY License fee to sell liquor in 287

Page 800

WAYNESBORO, CITY OF Charter amended 718 Light and water for 720 City Court of, established 201 WESTERN ATLANTIC RAILROAD New station for 7 WIDOWS Applications by, for pensions 59 WILCOX COUNTY Superior Court, terms of 46 WITHAM, W. S. Reimbursed money paid for charter not granted 740 WRENS, TOWN OF Incorporated 723

Page 801

TREASURER'S REPORT.

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EXHIBIT B. R. E. Park, Treasurer, in Account with the State of Georgia from October 28th, 1900, to September 30th, 1901, both Inclusive. From balance in the Treasury October 28th, 1900 $ 449,57 18 From Artists' tax $ 1,216 80 From Auctioneers' tax 517 50 From Back taxes 23,015 86 From Ball and Bicycle Parks 45 00 From Bicycle Companies 720 00 From Billiard Tax 5,652 00 From Cigarette Tax 8,302 79 From Cost on fl. fas 1 50 From Dividends from Stocks 1,809 50 From Express Companies' Tax 4,824 17 From Fees from Inspection Fertilizers 35,547 19 From Fines and forfeitures 5 00 From General Tax 1,930,823 75 From Gypsy Tax 45 00 From Hire of Convicts 152,194 55 From Insolvent General Tax 4,580 32 From Insolvent Poll Tax 1,209 98 From Insurance Fees 14,062 40 From Insurance Agents 11,980 00 From Insurance from fire at Griffin 236 25 From Insurance Tax 74,625 87 From Interest from Depositories 12,777 00 From Interest on fi. fas. 328 99 From Lightning Rod Agents' Tax 90 00 From Lease Indian Spring 110 00 From Liquor Tax 143,099 15 From Money Refunded 2 19 From Office Fees 3.014 83 From Oil Fees 10,526 11 From Oyster Lands 50 00 From Peddlers' Tax 2,335 91 From Pensions Refunded 316 50 From Pistol Tax 6,036 00 From Poll Tax 253,423 80 From Railroad Tax 241,618 90 From Rental Western Atlantic Railroad 385,011 00 From Sale of Acts 332 35 From Sale of Codes 624 25 From Sale of Northeastern Railroad 105,497 00 From Sale of Reports 5,178 10 From Sewing Machine Companies 2,400 00 From Sewing Machine Agents 1,810 00 From Show Tax 4,935 05 From Supreme Court Costs 871 67 From Tax on Agencies 585 00 From Tax on Brewing companies 1,620 00 From Tax on Cold Storage 2,550 17 From Tax on Emigrant Agents 450 00 From Tax on Futures 13,442 80 From Tax on Games 562 50 From Tax on Loan Agents 243 00 From Tax on Pawnbrokers 1,710 00 From Tax on Specialists 144 00 From Tax on Telegraph Companies 334 35 From Tax on Telephone Companies 5,767 31 From Tax on Ticket Brokers 180 00 From Temporary Loan 198,233 41 From Wild Land Tax 309 96 3,677,936 73 $ 4,127,508 91

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Account of Academy for Blind $ 18,000 00 Account of Academy for Blind repairs 2,000 00 Account Civil Establishments 102,397 25 Account College for Colored 8,000 00 Account Contingent Fund 11,465 54 Account Contingent Fund Railroad Commission 1,000 00 Account Contingent Fund Supreme Court 773 22 Account Department of Agriculture 10,000 00 Account Disabled Soldiers' Pensions 191,895 00 Account Exhibit at Buffalo 500 00 Account Fertilizers' Fund 8,799 92 Account Georgia State Sanitarium 286,250 00 Account Georgia State Senitarium (buildings) 6,217 69 Account Georgia State Sanitarium (trustees) 1,837 52 Account Geological Fund 5,853 16 Account Geological Fund (printing) 1,517 41 Account Georgia Normal and Industrial College 17,175 00 Account Georgia Normal and Industrial College (repairs) 793 52 Account Horticultural Fund 3,504 88 Account Incidental Expenses General Assembly 81 01 Account Indexing House and Senate Journals 150 00 Account Indigent Soldiers' Pensions 299,877 50 Account Inspection of Oils 1,270 33 Account Insurance Public Buildings, etc. 341 25 Account Land Scrip Fund Interest 6,314 14 Account Legislative Pay Roll 69,117 66 Account Library Fund 2,422 11 Account Military Fund 13,000 53 Account North Georgia College (Dahlonega) 6,750 00 Account North Georgia College (repairs) 1,990 25 Account Overpayment Taxes Refunded 3,964 70 Account Prison Fund 109,052 04 Account Printing Fund 16,498 54 Account Printing Fund Railroad Commission 1,004 27 Account Public Buildings and Grounds 17,531 25 Account Publishing Georgia Reports 6,376 92 Account Public Debt 434,999 95 Account Reprinting Georgia Reports 2,992 50 Account School for the Deaf 18,750 00 Account Soldiers' Home 11,250 00 Account School Warrants 1,393,256 54 Account School of Technology 46,000 00 Account Solicitors-General Fees 3,415 00 Account Special Appropriations 1,867 43 Account State Normal School (Athens) 16,159 20 Account State Normal School (repairs) 1,915 80 Account Widows' Pensions 203,940 00 Account State University 8,000 00 Account State University (buildings) 19,000 00 Account State University (trustees) 1,088 68 Account Stationery General Assembly 429 10 3,396,786 81 To Balance in the State Treasury September 30th, 1901 730,722 10 $ 4,127,508 91

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

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Superior Court Calendar for 1902. 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. Raynolds, 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. BLUE RIDGE CIRCUIT. George F. Gober, Marietta, Ga., Judge; B. F. Simpson, Alpharetta, Ga., Solicitor-General. MiltonFirst Monday in March and third Monday in August.

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ForsythThird Monday in March and fourth Monday in August. CherokeeFourth Monday in February and first and second Mondays in August. 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. Bennett, 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. COWETA CIRCUIT. S. W. Harris, Carrollton, Ga., Judge; T. A. Atkinson, LaGrange, Ga., Solicitor-General. MeriwetherThird Monday in February and August.

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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. Pope Barrow, 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; Wm. Brunson, 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. NORTHEASTERN CIRCUIT. J. B. Estes, Gainesville, Ga., Judge; W. A. Charters, Dahlonega, Ga., Solicitor-General. HallThird Monday in January and July.

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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. UnionThird Mondays in March and September. WhiteSecond Monday in April and October. LumpkinThird Monday in April and October. NORTHERN CIRCUIT. Horace M. Holden, 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 and third Monday in February and August. WilcoxThird and fourth Monday in March and September. IrwinFirst and second Monday in March and September. TwiggsFirst Monday in April and October. TelfairSecond and third Mondays in April and October. MontgomeryFourth Monday in April and October. DodgeSecond and third Monday in May and November.

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PATAULA CIRCUIT. H. C. Sheffeld, Arlington, Ga., Judge; J. R. Irwin, Ft. 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. 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. tewartThird 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 and second Monday in February and August. ClaytonFourth Mondays in February and August.

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DeKalbFirst and second Mondays in March and September. NewtonThird Monday in March and September. RockdaleFirst Monday in April and October. TALLAPOOSA CIRCUIT. Charles G. Janes, Cedartown, Ga., Judge; W. T. Roberts, Douglasville, Ga., Solicitor-General. PauldingSecond Monday in February and first Monday in August. HaralsonThird Monday in January and July. PolkFourth Monday in February and August. DouglasFirst Monday in May and Third Monday in November. WESTERN CIRCUIT. R. B. Russell, Winder, Ga., Judge; C. H. Brand, Lawrenceville, Ga., Solicitor-General. OconeeFourth Monday in January and July. JacksonFirst Monday in February and August. WaltonThird Monday in February and August. GwinnettFirst Monday in March and September. BanksTuesday after third Monday in March and September. FranklinTuesday after fourth Monday in March and September. ClarkeSecond Monday in April and October.