Acts and resolutions of the General Assembly of the state of Georgia 1902 [volume 1]

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 19020000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1902 19020000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE ATLANTA, GA. GEO. W. HARRISON, STATE PRINTER The Franklin Printing and Publishing Company 1903 GEO. W. HARRISON, STATE PRINTER, Atlanta, Ga.

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TABLE OF TITLES. PART IPUBLIC LAWS. Title I.APPROPRIATIONS. Title II.TAXES AND PUBLIC DEBT. Title III.CODE AMENDMENTS. Title IV.SUPERIOR COURTS. Title V.MISCELLANEOUS. PART IILOCAL LAWS. Title I.CITY AND COUNTY COURTS. Title II.MISCELLANEOUS. Title III.EDUCATION. 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 1902. Part I.Public Laws. Title I.APPROPRIATIONS. Title II.TAXES AND PUBLIC DEBT Title III.CODE AMENDMENTS. Title IV.SUPERIOR COURTS Title V.MISCELLANEOUS.

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TITLE I. APPROPRIATIONS. ACT. For support of the Government, etc., for 1903 and 1904. FOR SUPPORT OF THE GOVERNMENT, ETC., FOR 1903 AND 1904. No. 97. An Act to make appropriations for the ordinary expenses of the Executive, Legislative and Judicial departments of the Government; payment of the Public Debt and the interest thereon; and for the support of the Public Institutions and the Educational Interests of the State for each of the fiscal years 1903 and 1904, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the following sums of money be, and the same

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are, hereby appropriated on account of the Executive Department of the Government for each of the fiscal years 1903 and 1904, to the persons and for the purposes respectively hereinafter mentioned and set forth, viz.: For the salary of the Governor of the State, Three Thousand Dollars. Salaries, account of Executive Department. For the salary of the Secretary of State, Two Thousand Dollars. For the salary of the State Treasurer, Two Thousand Dollars. For the salary of the Comptroller-General, Two Thousand Dollars. For the salary of the Attorney-General, Two Thousand Dollars. For the salary of the Commissioner of Agriculture, Two Thousand Dollars. For salaries of the Prison Commissioners, each Two Thousand Dollars. For salaries of the Railroad Commissioners, each Twenty-five Hundred Dollars. For salary of the Clerk of the Railroad Commission, Twelve Hundred Dollars. For salary of the State School Commissioner, Two Thousand Dollars. For salary of the Pension Commissioner, Two Thousand Dollars. For salary of the State Librarian, Eighteen Hundred Dollars. For salary of the Assistant State Librarian, Eight Hundred Dollars. For salary of the resident Physician of the State Sanitarium, Twenty-five Hundred Dollars, to be paid out of money appropriated for the support of the State Sanitarium. For salaries of the Secretaries and Clerks of the Executive office, Six Thousand Dollars. For salary of a messenger in the Executive office, Nine Hundred and Fifty Dollars. For salary of the Clerk of the Secretary of State, One Thousand Dollars. For salary of Clerk of the State Treasurer, Sixteen Hundred Dollars. For salaries of Clerks of the Comptroller-General's office, including the Insurance Department and Clerk in the Wild Land office, Four Thousand Dollars. For salary of the Clerk of the Commissioner of Agriculture, Twelve Hundred Dollars. For salary of the Clerk of the State School Commissioner, Twelve Hundred Dollars.

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For salary of Clerk of the State Bank Examiner, Twelve Hundred Dollars. For salary of the Clerk of the Attorney-General, Nine Hundred Dollars. For salary of the Clerk of the Prison Commission, Twelve Hundred Dollars. For Clerical help in the Pension Department, Twelve Hundred Dollars. SEC. 2. Be it further enacted by the authority aforesaid, That the following sums of money be, and the same are, hereby appropriated on account of the Judicial Department of the Government, for each of the fiscal years 1903 and 1904, and for the purposes hereinafter mentioned and set forth, viz.: Salaries account of Judicial Department. For salaries of the Judges of the Supreme Court, each Three Thousand Dollars. For salaries of the Judges of the Superior Courts, each Two Thousand Dollars. For salaries of the Solicitors-General, each Two Hundred and Fifty Dollars. For salaries of the Supreme Court Reporters, each Two Thousand Dollars. For salaries of the Supreme Court Stenographers, each Fifteen Hundred Dollars. For salary of the Sheriff of the Supreme Court, One Thousand Dollars. SEC. 3. Be it further enacted by the authority aforesaid, That the following sums of money be, and the same are, hereby appropriated for and on account of the Legislative Department, for each of the fiscal years 1903 and 1904, to the persons and for the purposes hereinafter mentioned and set forth, viz.: Appropriations for Legislative Department. For compensation of the President of the Senate and the Speaker of the House of Representatives, the sum of Seven Dollars per diem each, during the session of the General Assembly, and mileage at the rate of ten cents per mile by the nearest practicable route in going to and returning from the Capitol. For compensation of the members of the General Assembly, Four Dollars per diem each, and mileage at the rate of ten cents per mile by the nearest practicable route in going to and returning from the Capitol. For compensation of the Secretary of the Senate, the sum of Sixty Dollars per diem, out of which he shall pay the entire clerical expenses of the Senate, as provided by the Act of October 8, 1879. For compensation of the Clerk of the House of Representatives,

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the sum of Seventy Dollars per diem, out of which he shall pay the entire clerical expenses of the House of Representatives, as provided by the Act of October 8, 1879. For compensation of the Doorkeeper of the Senate and Doorkeeper of the House of Representatives, Messenger of the Senate, Messenger of the House of Representatives, and Postmaster of the House of Representatives, Four Dollars per diem each, and the same mileage allowed the members of the General Assembly. For compensation of one Gallery Keeper of the Senate, and three for the House of Representatives, Four Dollars per diem each. For compensation of two Assistant Doorkeepers of the Senate, and five Assistant Doorkeepers of the House of Representatives, Four Dollars per diem each. For compensation of one Doorkeeper and Assistant Messenger for rear door of messengers' room of the Senate, Four Dollars per diem each. For compensation of two Assistant Doorkeepers for floor of the Senate, Four Dollars per diem each. For compensation of the Chaplain of the Senate and Chaplain of the House of Representatives, Four Dollars per diem each. For compensation of five Porters of the Senate and eight Porters of the House of Representatives, Two Dollars per diem each. For compensation of three Pages of the Senate and six Pages of the House of Representatives, Two Dollars per diem each. For compensation of one Elevator Boy, Three Dollars per diem. For compensation of one Attendant of the Senate and one Attendant of the House of Representatives, for services in keeping the water-closets of the Capitol during the session of the General Assembly, Two Dollars per diem each. For compensation of the several Committeemen of the Senate and of the House of Representatives, visiting the various public institutions of the State, to be paid only on itemized statements showing the actual necessary expenses paid out by each Committeeman making such visit, and in no case to exceed the actual amounts expended. To pay the incidental expenses of the General Assembly, to be paid on itemized accounts supported by the vouchers for the payments made, and presented to the Governor by the Secretary of the Senate and Clerk of the House of Representatives, Seventy-five Dollars for the House of Representatives, and Fifty Dollars for the Senate, or so much thereof as may be necessary. To pay the bills for the purchase of Stationery furnished the General Assembly, Seven Hundred Dollars, or so much thereof as may be necessary.

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For indexing the Journal of the House of Representatives and the Journal of the Senate, each Seventy-five Dollars, to be paid to the Journal Clerks of the House and Senate, respectively, upon completion of the work. That the sum of One Hundred and Twenty-three Dollars be appropriated to pay for seventy-five (75) chairs, for the use of the Senate, for committee rooms, and the same be paid on Executive warrant to the Secretary of the Senate. That the sum of Four Dollars per day each be appropriated to pay a Doorkeeper for the cloak-room and a Third Assistant Doorkeeper of the Senate for the session of 1902 under resolution adopted by the Senate. For compensation of committee appointed under Act of the Legislature of 1901, consisting of two members of the Senate and four members of the House, at the rate of Four Dollars per diem for the time actually engaged in the performance of their duties, and for the compensation of the Stenographer employed by said committee at the same rate above provided for members of the committee, the total amount not to exceed Four Hundred Dollars. SEC. 4. Be it further enacted by the authority aforesaid, That the following sums of money be, and the same are, hereby appropriated for and on account of the public institutions of the State, for each of the fiscal years 1903 and 1904, viz.: Appropriations for public institutions. For the support and maintenance of the Academy for the Blind and for the salaries of its officers, Eighteen Thousand Dollars, or so much thereof as may be necessary. And the Governor shall require of the Superintendent an itemized monthly statement of all expenditures, which statement shall be approved by the Board of Trustees. Academy for the Blind. For the support and maintenance of the Georgia School for the Deaf, and for the pay of its officers and attachs, etc., Twenty-seven Thousand Five Hundred Dollars, or so much thereof as may be necessary. And the Governor shall require of the Superintendent an itemized statement monthly of all expenditures, receipts and income, which statement shall be approved by a quorum of the Executive Committee of the Board of Trustees. School for the Deaf. For the support and maintenance of the Georgia State Sanitarium, Three Hundred and Twenty-five Thousand Dollars, or so much thereof as may be necessary, to be expended only when directed by the Board of Trustees. And the Governor is authorized to make monthly an advance to cover the cost of supplies and incidental expenses of said Sanitarium, and the Governor shall require the Superintendent and Resident Physician to make an itemized statement monthly of all expenditures, which statement shall be approved

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by a quorum of the Board of Trustees. The ordinary repairs of the buildings and property of the Sanitarium may be paid for from said appropriation, to be paid for at such times and in such amounts as may be approved by the Board of Trustees. Georgia State Sanitarium. For the State University at Athens, the sum of Eight Thousand Dollars. State University. For the State University, for the support and maintenance of the School of Technology, the sum of Forty-five Thousand Dollars; provided, however, that this appropriation shall not be available unless the trustees make and enforce a rule prohibiting any county having more than six free scholarships in the school; and providing a reasonable tuition fee for all students, in addition to that number; and provided further, that the chairman of the local Board of Trustees of said institution report to the Governor (which report shall be submitted to the General Assembly at convening of each session thereof) the number of teachers and other employees, with their names and amount of salary paid each; a catalogue of students, showing their places of residence, from whom, and how much is collected in tuition fees; an itemized statement of all receipts and expenditures; disposition of the products of the shops, etc., and shall continue to make such reports annually before the meeting of the General Assembly. School of Technology. For the University of Georgia, for the support and maintenance of the Georgia Normal and Industrial College at Milledgeville, Twenty-two Thousand Nine Hundred Dollars. The Chairman of the Board of Trustees shall report annually to the General Assembly the number of pay pupils, tuition charged and an itemized statement of all receipts and expenditures. Normal and Industrial School at Milledgeville. For the University of Georgia, for the support and maintenance of the North Georgia Agricultural College, a branch of the University at Dahlonega, Ten Thousand Dollars; provided, that, under no pretext whatever, whether as tuition, matriculation fee, incidental expenses or otherwise, shall such College charge exceeding Ten Dollars per year, or Five Dollars per term, for each pupil; provided further, that any charge made in excess of said sums shall work a forfeiture of said appropriation; provided, the Chairman of the Board of Trustees shall report annually to the General Assembly the number of students, teachers, salaries paid teachers, from whom and how much is collected in tuition fees, and an itemized statement of all receipts and expenditures. North Georgia Agricultural College For the State University, for the support of the State Normal School at Athens, for training and instructing teachers, the sum of Twenty-two Thousand Five Hundred Dollars; provided, the Chairman of the Board of Trustees shall report annually to the General

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Assembly the names and number of persons attending said institution, from whom and how much is collected in tuition fees, the names and number of teachers, the salaries paid each, and an itemized statement of all receipts and expends. State Normal school at Athens. For the University of Georgia, for the support of the School for the Colored People, under the Act approved November 26, 1890, the sum of Eight Thousand Dollars. School for the Colored People. For the University of Georgia, for the payment of interest on what is known as the Land Scrip Fund, Six Thousand Three Hundred and Fourteen and 14-100 Dollars. Land scrip fund. For the University of Georgia, for the support and maintenance of the same, Twenty-two Thousand Five Hundred Dollars. University of Georgia. For the support and maintenance of the Confederate Soldiers' Home of Georgia, under the Act approved December 19, 1900, the sum of Twelve Thousand Five Hundred Dollars. Confederate Soldiers' Home. For the support of the Common Schools the sum of Eight Hundred Thousand Dollars, in addition to the School Fund derived from the sources referred to in article 8, section 3 of the Constitution of the State. Common schools. SEC. 5. Be it further enacted by the authority aforesaid, That the following sums of money be, and are, hereby appropriated to pay the recognized valid debt of the State, as follows: One Hundred Thousand Dollars on bonds maturing January 1, 1903, and One Hundred Thousand Dollars on bonds maturing January 1, 1904, to be paid out of the Sinking Fund. For payment of bonds. To pay the interest maturing in the year 1903, the sum of Three Hundred and Twenty-one Thousand Three Hundred and Eighty Dollars for each of the fiscal years 1903 and 1904. For payment of interest. To pay interest maturing in 1904, the sum of Three Hundred and Sixteen Thousand Eight Hundred and Eighty Dollars, and the State Treasurer is hereby authorized and required to apply the fund in the Treasury which has arisen from the sale of public property, and known as the Public Property Fund, to pay the interest on the public debt when the same matures in accordance with the appropriation set forth in this paragraph. For payment of interest. Public property fund. SEC. 6. Be it further enacted by the authority aforesaid, That the following sums of money be, and the same are, hereby appropriated for the following miscellaneous purposes necessary for the support of the State Government for each of the fiscal years 1903 and 1904. For the Department of Agriculture the sum of Ten Thousand Dollars as provided by section 1794 of the Code of 1895, the same to be paid out of the fund arising from fees for inspecting fertilizers, as provided by section 1384 of the Code of 1895. Agricultural Department.

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For salary of the Chemist of the Agricultural Department, Three Thousand Dollars, as provided by section 1557 of the Civil Code of 1895. And for salaries of two Assistant Chemists, as provided by the Act of 1891, the sum of One Thousand Dollars each. Said salaries of the Chemist and his two assistants shall be paid out of the fees arising from the inspection of fertilizers. For Chemist. For replenishing chemicals and apparatus used by the State Chemist and his Assistants, a sum not to exceed One Thousand Dollars, said amount to be paid from the fees arising from the inspection of fertilizers. For the salary of the State Entomologist, Fifteen Hundred Dollars. For Entomologist. For defraying the expenses of the Horticultural and Pomological Departments, the equipment of a laboratory therein, and for the necessary traveling and incidental expenses of the State Entomologist, and the issuing of reports and publications by said department, in the execution of the Act approved December 21, 1900, the sum of Thirty-five Hundred Dollars. The salary of said State Entomologist and expenses of the Horticultural and Pomological Department hereby appropriated to be paid from the net fees arising from the inspection of Oils, as provided by said Act. Horticultural and Pomological Department. For the Contingent Fund, the sum of Ten Thousand Dollars, or so much thereof as may be necessary, out of which the actual expenses of the Board of Directors of the Georgia Experiment Station shall be paid upon the presentation of proper vouchers; and for purpose of enabling the State Board of Pharmacy to analyze and prevent the sale of adulterated drugs and medicines, under section 1500 of the Civil Code of 1895, the Governor may also authorize the use of the sum of Two Hundred Dollars from this appropriation hereby made for the contingent fund. Contingent fund of Agricultural Department. For the contingent expenses of the Railroad Commission in paying the incidental expenses of the Department, the hire of a Stenographer and a Porter, the sum of Eight Hundred Dollars, or so much thereof as may be necessary. Contingent fund of Railroad Commission. For the contingent expenses of the Supreme Court in paying for necessary printing, stationery, record books, binding the opinions of the Court, hiring a Porter, etc., the sum of Twelve Hundred Dollars, or so much thereof as may be necessary. Contingent expenses of Supreme Court. For the Printing Fund the sum of Twenty Thousand Dollars, or so much thereof as may be necessary. Printing fund. For the printing fund of the Railroad Commission, One Thousand Dollars, or so much thereof as may be necessary, to pay for such printing and advertising as the Commissioners may deem

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necessary for the proper carrying out of the business of the Commission, as required by law. Printing fund of Railroad Commission. For ordinary repairs of the public buildings, to purchase coal, wood, lights and furniture for the Executive Mansion, and the various departments of the State Government, to pay the hire of engineers, guards, servants at the Mansion, and such porters at the various departments of the State Government as the Governor may employ, and general incidental expenses in keeping the public buildings and grounds, and such other laborers as may be necessary, the sum of Eighteen Thousand Five Hundred Dollars, or so much thereof as may be necessary, of which sum fifteen hundred dollars shall be paid to the Keeper of the Public Buildings for salary in each of the fiscal years 1903 and 1904; provided, there shall be an itemized account of the various matters upon which these payments are made presented to the Governor before he issues his warrants therefor. Public Buildings, repairs, etc. Keeper of Public Buildings. For the State Library for the purchase of books, etc., and for such articles and supplies as may be needed by the Supreme Court in the conduct of its business, for which provision is not made elsewhere. Three Thousand Dollars, or so much thereof as may be necessary, to be expended as the Judges of the Supreme Court may direct. For books and supplies for Supreme Court. For printing Supreme Court Reports, new volumes, Seven Thousand Dollars, or so much thereof as may be necessary. Supreme Court Reports. For republishing earlier Georgia Reports, where copyrights on same have expired, and for compiling and publishing under the direction of the Governor the Colonial, Revolutionary and Confederate records of Georgia, such sum as may be necessary to pay the contract price for such work, to be paid only out of the money received into the Treasury during the years 1903 and 1904 from the sale of such republished Georgia Reports, as provided for by the Act of December 16, 1899, and from the sale of such Colonial, Revolutionary and Confederate records so published. Earlier Georgia Reports and Colonial and Confederate records. For binding the Journals of the Senate and House of Representatives, as provided by the Act of 1889, the sum of Five Hundred and Fifty Dollars, or so much thereof as may be necessary. Journals of Senate and House. To pay the salaries of the Trustees of the Georgia State Sanitarium the sum of one hundred and fifty dollars each, and actual railroad expenses in going to and returning from said Sanitarium as provided by Act of 1889, to be paid out of the appropriation herein contained for the support of the State Sanitarium. Trustees of State Sanitarium. To pay the Trustees of the State University, as provided by the Act of 1889, the sum of Four Dollars per diem each for expenses at the meetings of the Board of Trustees and actual fare

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to and from the place of meeting, to be paid out of the appropriation herein contained for the support of the State University. Trustees of State University. To pay pensions to maimed and disabled Confederate Soldiers, as provided by the Act of 1889, the sum of One Hundred and Eighty-five Thousand Dollars, or so much thereof as may be necessary. Pensions. To pay the pensions of indigent Confederate Soldiers, as provided by Act of 1894, the sum of Four Hundred and Ten Thousand Dollars, or so much thereof as may be necessary. To pay pensions to the widows of such Confederate Soldiers as may have died in the service or since, from wounds received therein, or diseases contracted in the service of the Confederate States, One Hundred and Eighty-five Thousand Dollars, or so much thereof as may be necessary. To pay pensions to the indigent widows of ex-Confederate Soldiers, who, by reason of age and poverty, infirmity and poverty, or blindness and poverty, are unable to provide for themselves, Ninety Thousand Dollars, or so much thereof as may be necessary, as provided by Act approved December 19, 1900. To pay the fees of Solicitors-General in the criminal cases before the Supreme Court, such amounts as may be due under the Fee Bill, as provided by law. Solicitors-General, fees of To pay the Clerk of the Supreme Court his salary if the costs in the Supreme Court do not amount to the sum allowed by law for compensation of said Clerk, an amount equal to the difference between the actual amount due the said Clerk and said cost as provided by section 5574 of the Code of 1895. Clerk Supreme Court. For the Geological Department, ($8,000) Eight Thousand Dollars for each of the fiscal years 1903 and 1904, as provided by Act of 1889; provided that the State Geologist shall devote one hundred days to field trips during the year, for which this appropriation is available, and the Assistant Geologist, acting Chemist, ninety days, and the other Assistant Geologist, one hundred and fifty days; provided further, that the State Geologist shall require the Acting Chemist of the Department to assay any ores and analyze any specimens of clay, kaolin and cements that may be sent him by any citizen of this State with a view to ascertaining the commercial value of such ore, clay, kaolin and cements. The Geologist shall charge for such service a fee equal the expense incident to making such assay or analysis. The Geologist shall furnish such citizen a certificate giving the result of such assay or analysis. Said fees, when collected, shall be paid into the State Treasury. Geological Department. For the Printing fund of the Geological Department, Twenty-five Hundred Dollars, or so much thereof as may be necessary. Printing Fund.

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For maintenance of the Prison Department, the sum of One Hundred and Five Thousand Dollars, or so much thereof as may be necessary, to be paid from the fund arising from the hire of convicts. Prison department. For the payment of rewards earned for the arrest of fugitives from justice, after Executive Proclamation offering such rewards, Two Thousand Dollars, or so much thereof as may be necessary, to be paid from the hire of convicts. Rewards. For the payment of Cattle Inspectors, appointed by the Commissioner of Agriculture, for the purpose of inspecting Cattle and locating and quarantining such as may be infected with the distemper or other infectious diseases, as provided by Act of December 20, 1889, the sum of Five Hundred Dollars, or so much thereof as may be necessary, to be paid out of the fund arising from the inspection of fertilizers. Cattle inspectors. For necessary expenses in maintaining the Military Forces of the State of Georgia, for each of the fiscal years 1903 and 1904, the sum of Twenty Thousand Dollars, the said sum or so much thereof as may be necessary, to be expended for the purpose of organizing, arming, equipping, clothing, drilling and training the Georgia State Troops; for paying said Troops when in actual service; for encampments for said Troops; for the payments of armory [Illegible Text] and the administration of the Military Department of the State, including necessary clerical assistance under the direction of the Governor. Military forces. SEC. 7. Be it further enacted by the authority aforesaid, That in making the appropriations hereinbefore mentioned when said appropriations are to be paid to persons, or for particular objects, the same shall be paid from the funds arising from the sources now provided by law. SEC. 8. Be it further enacted by the authority aforesaid, That the respective amounts appropriated by this Act, for the salaries of the various State [Illegible Text] officers and clerical expenses of the various departments, shall be held and considered in full payment thereof, and such amounts shall not be increased directly or indirectly by payments of additional sums from the contingent or any other fund, to such officers, their clerks, or any other person, by way of extra compensation, or for extra service, or for extra assistance rendered to such officers in any department of said government; and should extra service or assistance become necessary to said officers in said departments, the same shall be paid for out of the amounts respectively appropriated by this Act for salaries of the various State House officers, and for the clerical expenses of said officers; nor shall any money be paid from any fund, to any officer or person

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as a salary or otherwise, unless the same is authorized by law, audited by the Comptroller-General, and the money duly appropriated therefor. Extras not allowed. SEC. 9. Be it further enacted by the authority aforesaid, That all laws and part of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1902.

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TITLE II. TAXES AND PUBLIC DEBT. ACTS. General Tax Act for 1903 and 1904. For Payment of Bonds. Franchises, How Taxed. GENERAL TAX ACT FOR 1903 AND 1904. No. 96. An Act to levy and collect a tax for the support of the State government and the public institutions; for educational purposes in instructing children in the elementary branches of an English education only, to pay the interest on the public debt, and to pay maimed Confederate soldiers and widows of Confederate soldiers such amounts as are allowed them by law each for the fiscal years 1903 and 1904; to prescribe what persons, professions and property are liable to taxation; to prescribe the methods of collection and receiving said taxes; to prescribe the methods of ascertaining the property of the State subject to taxation; to prescribe additional questions to be propounded to taxpayers; and to provide penalties for violations thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the Governor be authorized and empowered, with the assistance of the Comptroller-General, to assess and levy a tax on the taxable property of this State for each of the fiscal years of 1903 and 1904, of three and eighteen one-hundredths (3[UNK]) mills, and the Governor be, and is, hereby authorized and empowered, by and with the assistance of the Comptroller-General, to assess and levy, in addition to the foregoing general State tax, a tax of one and eighty-two one-hundredths (1[UNK]) mills, for each of the two years of 1903 and 1904, on all of the taxable property in this State, for the

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purpose of raising the funds necessary to meet the appropriations of this General Assembly for educational purposes in instructing children in the elementary branches of an English education only. Tax rate for general purposes. For schools. SEC. 2. Be it further enacted by authority aforesaid, That in addition to the ad valorem tax on real estate and personal property as required by the Constitution and provided for in the preceding section, the following specific taxes shall be levied and collected for each of said fiscal years. Specific taxes. First. Upon each and every male inhabitant of the State between the ages of twenty-one and sixty years, on the days fixed for the return of property for taxation, a poll tax of one dollar, which shall be for educational purposes in instructing children in the elementary branches of an English education only; provided, this tax shall not be demanded of blind persons, nor of crippled, maimed, or disabled Confederate soldiers relieved of such taxes under and by authority of section 766, Vol. 1, of the Code of 1895. Poll tax. Second. Upon every practitioner of law, medicine, dentistry, upon every veterinary surgeon, architect charging for their services as such, upon every civil, mechanical and electrical engineer, and upon the presidents of each of the express, telegraph, steamboat, railroad, street railroad, telephone, electric light, sleeping and palace car companies, banks, building and loan associations, and gas companies doing business in this State; and in case the presidents of such companies do not reside in this State, then, in such case, upon the superintendent or general agent or person in charge of the business of such companies who may reside in this State, ten dollars, and no municipal corporation or county authorities shall levy an additional tax on said professions, either as a license fee or otherwise; provided, that no professional tax or license shall be required of any Confederate veteran whose name is on the indigent or invalid pension roll of this State. On professions and heads of corporations. Third. Upon every daguerrean, ambrotype, photographic and similar artists, ten dollars, and this tax shall be required of them only in one county; provided, this Act shall not authorize any traveling photographer to do business in any incorporated town or city, or within ten miles of the limits thereof where there is located a permanent photographer; and upon each agent or firm negotiating loans and charging therefor, ten dollars in each county in which they may carry on business. On artists. Loan agents. Fourth. Upon every person carrying on the business of an auctioneer, for pay or compensation, twenty-five dollars for each county in which they may carry on such business. On auctioneers. Fifth. Upon every keeper of a pool, billiard or bagatelle table, kept for public use, whether in a barroom, hotel or other public

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place, twenty-five dollars for each table; provided, that this tax shall not be required of any disabled Confederate soldier, and who shall be entitled only to exemption upon one table, and whose privilege or license shall not be transferable, and said table to be run by such soldier himself. On keepers of gaming tables. Sixth. Upon every keeper of any table, stand or place for the performance of any game or play, and upon the keeper of any flying-horses or any other game or play unless kept for exercise or amusement, not prohibited by law and not kept for gain, directly or indirectly, twenty-five dollars in each county. On keepers of gaming places. Seventh. Upon every keeper of a tenpin alley, or alley of like character, kept for public play, and upon every keeper of a shooting-gallery, twenty-five dollars for each place of business. On keepers of gaming places. Eighth. Upon every traveling vender of patent or proprietary medicines, special nostrums, jewelry, paper, soap or other merchandise, fifty dollars in each county where they may offer such articles for sale. On peddlers. Ninth. Upon every local insurance agent or firm of agents, or insurance broker or firm of brokers, doing business in this State, ten dollars for each county in which they shall solicit business, and upon every agent of a matrimonial, natal or nuptial company, one hundred dollars for each county in which they shall do business, and upon every traveling or special or general agent of life, fire or accident or other insurance companies doing business in this State, fifty dollars, which said tax must be paid before said agent shall be authorized to act as agents for any of their companies; said tax shall be paid by said companies to the Comptroller-General, and shall be in addition to the license fee required of insurance companies by the Act approved October 24, 1887. The receipts of the Comptroller-General for the payment of this tax, together with his certificate, as provided by the Act approved October 24, 1887, shall constitute the license for said agents to transact business for their companies, as designated by said certificates; provided, this tax shall not be required of agents of assessments 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; 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. On insurance and other agents. Tenth. Upon each emigrant agent, or employer or employee of such agents, doing business in this State, the sum of five hundred dollars for each county in which such business is conducted. On emigrant agents.

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Eleventh. Upon every traveling vender using boats for the purpose of selling goods on the rivers or waters within the limits of this State, the sum of fifty dollars in each county where they may sell their wares, and said tax shall be a lien on the boat and its contents without regard to the ownership thereof. On peddlers in boats. Twelfth. Upon every itinerant lightning rod dealer or agent, the sum of fifty dollars for each and every county in which they operate; provided, that this section does not apply to Confederate veterans doing business in their own name. On lightning rod agents. Thirteenth. Upon all shows and exhibitions (except such as histrionic, musical, operatic and elocutionary), including the side shows accompanying circus companies, fifty dollars in each and every city or town of five thousand inhabitants, forty dollars in every town or city of four thousand and under five thousand inhabitants, and thirty dollars in towns of less than four thousand inhabitants; said tax so collected shall be for educational purposes. On shows. Fourteenth. Upon every circus company, or others, giving as exhibitions beneath or within a canvas enclosure advertised in print or by parade, in any manner whatsoever as a circus, menagerie, hippodrome, spectacle or show implying a circus in or near cities or towns of twenty thousand inhabitants, or more, five hundred dollars; in or near cities or towns of five thousand inhabitants and not more than twenty thousand, two hundred dollars; in or near cities or towns of four thousand inhabitants and under five thousand inhabitants, one hundred and fifty dollars, and in or near cities or towns of less than four thousand inhabitants, one hundred dollars each day it may exhibit in the State of Georgia, said tax to be for educational purposes. On circuses. Fifteenth. Upon every dog or horse show or shows of like character, beneath a tent, canvas or enclosure charging an admission fee of twenty-five cents or more, fifty dollars, and with an admission fee less than said amount ten ($10.00) dollars for each day it may exhibit in the State of Georgia, said tax to be for educational purposes. On dog or horse shows. Sixteenth. Upon all dispensaries operated by county or municipal authorities to be paid by the authority operating same, and upon all dealers in spirituous or malt liquors, intoxicating bitters or brandy fruits, or domestic wines, whether dealing in any or all thereof; and upon all manufacturers of spirituous or malt liquors, two hundred dollars for each place of business in each county where the same are manufactured or sold; upon each social or fraternal club in which spirituous, malt or intoxicating liquors are sold or dispensed, two hundred dollars for each place of business, and upon each person, firm or corporation owning or operating

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a steamboat or boats, and upon each company or corporation owning or operating buffet, dining or palace cars in which spirituous, malt, or intoxicating liquors are sold or dispensed, two hundred dollars; provided, that the payment of said tax shall not be held to authorize the sale of such liquors in any county or municipality in which said sale is prohibited by law; provided, that only a tax of fifty dollars shall be required of distillers of fruit only, and who do not run more than two months in a year, and provided this tax shall not relieve such dealers from any local tax or prohibitory law in reference to the retail of spirituous or intoxicating liquors, nor be required of those who sell by wholesale spirits manufactured of apples, peaches, grapes, blackberries, or other fruit grown on their own lands, when sold in quantities of less than five gallons; provided, that nothing in this Act be so construed as to levy a tax on dealers in domestic wines manufactured from grapes or berries grown on lands owned, leased or rented by said dealer; said tax shall be for educational purposes; upon all dealers or dispensers of white hops or like beverages, the sum of one hundred dollars for each place of business in each county where the same are sold. On dispensaries, dealers and manufacturers of liquors, etc. Seventeenth. Upon all dealers in pistols, toy-pistols shooting cartridges, pistol or rifle cartridges, dirks, bowie-knives, or metal knucks, twenty-five dollars for each place of business in the county where the same are sold. On dealers in pistols, etc. Eighteenth. Upon every individual or firm, or his or their agents engaged in the business of selling or buying farm products, sugar, coffee, salt and meat, railroad stocks and bonds of all kinds not intended for bona fide sale and delivery but for future delivery (commonly called futures), whether said business is done through regularly organized stock or cotton exchange or board of trade, the sum of one thousand dollars per annum for each place of business, in each county where such business is carried on; provided, that this tax shall not be demanded of any cotton-warehouseman, dealer in cotton, or any provision broker who takes orders in the regular course of their trade only for the actual and bona fide delivery of cotton and other products so ordered, and when by the terms of the contract it is not left to the option of the party so ordering or the party taking such to avoid the delivery of produce or the products by paying the difference in market price of such product or products at the time of delivery; provided further, that such cotton-warehousemen, dealer in actual cotton or any provision broker does not carry on business of buying futures in connection with his or their business. On dealers in futures. Nineteenth. Upon every person or firm for himself or agent

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for resident or non-resident owner, who keeps or holds for hire or sale any billiard, pool or other table of like character, one hundred dollars for each county in which such person or firm does business. On dealers in billiard tables, etc. Twentieth. Upon every peddler of stoves or ranges for cooking purposes, or clocks, two hundred dollars in every county in which such peddler may do business, or offer any such article for sale; and upon every peddler or vendor of any patent churn or patent fence, or patented agricultural or farm implement or tool, or any other patented article, said peddler not having a fixed place for carrying on said business in the State where any such article is sold, or offered for sale, twenty-five dollars for each county in which they may sell or offer to sell any one or more of the articles herein enumerated. On peddlers of stoves, etc. Twenty-first. Upon every individual agent, or firm of agents of any packing-house doing business in this State, two hundred dollars in each county where said business is carried on. On agents of packing houses. Twenty-second. Upon every itinerant doctor, dentist, optician, veterinary surgeon or specialists of any kind doing business in this State, the sum of ten dollars for each county in which they may do business; provided, that the provisions of this paragraph shall not apply to persons whose fixed place of business is in any county in this State and who have paid the professional tax required by paragraph 2 of section 2 of this Act; provided further, that if any such itinerant doctor, dentist, optician, veterinary surgeon or other specialists shall peddle or sell any drug, medicine, spectacles, glasses or other goods in connection with the practice of his profession, he or they shall be subject to the tax required of traveling venders of patent or proprietary medicines, nostrums, c., by paragraph eight of this section, to wit: fifty dollars in each county where they may sell or offer to sell any such article. Itinerant specialists Twenty-third. Upon every brewing company engaged in the business of brewing or manufacturing beer, three hundred dollars for each plant or brewery in the State, and upon all others who are engaged in the sale of beer, whether on consignment or otherwise, who have not paid the tax as liquor dealers imposed by paragraph 16 of this section, for each place of business, in each county where they do business, two hundred dollars. Upon every manufacturer in this State of coca-cola, celery coca, afri-cola, wine coca, and all other proprietary or trade-mark or patent-protected soda fountain syrups or beverages, the sum of four hundred dollars. On brewing companies, salesmen of beer and manufacturers of coca-cola, etc. Twenty-fourth. Upon every individual or firm carrying on the business of a pawnbroker, one hundred dollars for each place of business, and if any such pawnbroker shall sell or offer to sell any

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pistol, pistol or rifle cartridge, dirk, bowie-knife or brass knucks, whether sold as unredeemed pledges or otherwise, he shall also be held subject to and required to pay the license tax required of other dealers in pistols, c., by paragraph 17th of this section. On pawnbrokers. Twenty-fifth. Upon all mercantile and collecting agencies, commercial agencies and all other agencies of like character, fifty dollars in every county wherein they have established or may establish an office. On commercial agencies. Twenty-sixth. Upon every slot machine operated in this State wherein is kept any article to be purchased by depositing therein any coin or thing of value, and for which may be had any article of merchandise whatsoever, the sum of two and [UNK] dollars for each machine for each county where set up or operated. Upon every such machine wherein may be seen any picture or any music may be heard by depositing in the machine any coin or thing of value and every weighning machine and every machine for making stencils by the use of contrivances operated by slot wherein money or other thing of value is to be deposited, the sum of five dollars for each machine in each county where set up or operated; provided, that not more than fifty dollars shall be required of any one person in any one county under this section. On slot machines. Twenty-seventh. Upon each detective agency, company or corporation doing business of detectives for hire or consideration, the sum of one hundred dollars for each office established in this State. On detectives. Twenty-eighth. Upon every dealer who may sell or give away cigarettes, or cigarette paper, or who furnish their customers with cigarettes or cigarette paper in connection with any other purchase or transaction, ten dollars for each place of business, whether principal stock in trade, or sold or given away or furnished directly or indirectly with other articles, or kept in his or her place of business or elsewhere, where accessible to his or her customers. On dealers in cigarettes, etc. Twenty-ninth. Upon the proprietor, owner or lessee of any park or place where baseball, football or any other similar game is played, or where bicycle races or contests are held, and where admission fees are charged, fifty dollars for each park or place; provided, in places (towns or cities) of less than ten thousand inhabitants, the license tax shall be only twenty-five dollars for each park or place; provided further, that in cities and towns of less than three thousand inhabitants, five dollars per annum shall be charged. On play grounds. Thirtieth. Upon each railroad ticket broker, otherwise known as scalper, or other railroad ticket agents or brokers, except agents actually employed by some railroad company, the sum of fifty dollars for each place of business. On railroad ticket brokers.

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Thirty-first. Upon each person, firm or corporation engaged in the business of making abstracts of titles in cities or towns of twenty thousand inhabitants or over, fifty dollars; in cities or towns of ten thousand inhabitants and less than twenty thousand, twenty-five dollars; and of cities and towns of less than ten thousand inhabitants, ten dollars; provided, that this tax shall not be required of attorneys at law who have paid the tax required of them by paragraph 2 of this section. On makers of abstracts of titles. Thirty-second. Upon every company of traveling gipsies engaged in trading or fortune-telling, twenty-five dollars in each county where they carry on business, or offer to do so. On gipsies. Thirty-third. Upon every person or firm engaged in the business of buying or selling real estate on commissions, or as agents renting real estate, the sum of ten dollars for each county. And if such agent shall engage in auctioneering or selling property at auction sales, he shall be required to pay the tax required of auctioneers by paragraph 4 of this section. On real estate agents. Thirty-fourth. Upon every midway combination or street fair, or street carnival, the sum of ten dollars each week or fractional part thereof for each separate tent, enclosure or place where admission fee is charged or collected, either directly or indirectly, to witness or hear any performance, or where anything whatever may be exhibited, said tax to be for educational purposes. On midways and street fairs. Thirty-fifth. In all cases in this section where population controls the amount of the tax or license fee, the last census report by the Federal Government shall govern. Census. SEC. 3. Be it further enacted by the authority aforesaid, That the taxes provided for in paragraphs 1 and 2 of section 2 of this Act shall be returned to the receiver of tax returns in the county of the residence of the person liable to such tax, and shall, by the receiver, be entered upon his digest of taxable property. The tax on insurance agents, etc., required by paragraph 9 of the second section of this Act, shall be paid to the Comptroller-General. All the other taxes enumerated and set forth in section 2 of this Act shall be returned and paid to the tax-collectors of the counties where such vocations or businesses are carried on, and paid in advance. Tax returns. SEC. 4. Be it further enacted by the authority aforesaid, That the taxes provided for in paragraphs 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33 and 34 of section 2 of this Act shall be paid in full for the fiscal years for which they are levied, to the tax-collectors of the counties where such vocations are carried on at the time of commencing to do business specified in said paragraphs. Before

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any person taxed by paragraphs 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, and 34 of section 2 of this Act shall be authorized to open up or carry on said business, they shall go before the ordinary of the county in which they propose to do business and register their names, the business they propose to engage in, the place where it is to be conducted, and they shall then proceed to pay their tax to the collector. And it shall be the duty of said ordinary to immediately notify the tax-collector of such registration and at the end of each quarter furnish the Comptroller-General with a report of such special tax registration in his office. Any person failing to register with the ordinary, or having registered, fails to pay the special tax as herein required, shall be liable to indictment for misdemeanor, and on conviction shall be fined not less than double the tax or be imprisoned as prescribed by section 1039 of Volume III. of the code of 1895, or both, in the discretion of the court. One half of said fine shall be applied to the payment of the tax, and the other to the fund of fines and forfeitures for the use of the officers of court. Specific taxes, when paid. Registration. SEC. 5. Be it further enacted by authority aforesaid, That all foreign and home insurance companies, or insurance brokers placing insurance upon property in this State, doing business in this State, shall pay one per centum on all premiums in money or otherwise received by them; provided, this shall not include return premiums on cancelled policies; provided further, that this shall not apply to mutual, cooperative or assessment fire companies organized for mutual protection against losses by fire, and receiving no premiums other than the assessment of its own members, and in addition to the tax imposed by this Act upon the gross receipts of such insurance companies, all such companies doing brokerage business in this State, such as discounting notes, bills, drafts or exchange, lending money or in any manner doing a business pertaining to bankers or brokerage business, shall be taxed upon the capital so employed in the same manner and at the same rate as other money capital in the hands of private individuals is taxed; provided, however, that all loans of such companies, secured by real estate mortgages, and by stocks and bonds in which such companies are required to make investments, shall not be considered as a brokerage or banking business, or a business pertaining thereto; and provided further, that the tax required by this section shall be in lieu of all other taxes, whether State, county or municipal, against such companies, except a per centum tax on their premiums and a business license by the town or city in which such company does business; and provided further, that nothing herein shall

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be construed to exempt the real estate or personal property of such companies from taxation, but the same shall be returned for taxation and taxed as other real estate and personal property in this State is taxed. Insurance companies and brokers, how taxed. SEC. 6. Be it further enacted by the authority aforesaid, That the president, general manager and secretary of all building and loan associations, or other associations of like character, shall be required to return to the tax-receiver of the county where such associations are located all real and personal property of every kind and character belonging to such associations, except that real property located in another county shall be returned to the tax-receiver of that county. Building and loan associations, returns of, how made. SEC. 7. Be it further enacted by the authority aforesaid, That all foreign and home fidelity guarantee companies, or other companies furnishing bonds, or similar associations doing business in this State, shall pay one per centum on all premiums in money or otherwise received by them, and the agent, general or special or local, as the case may be, of said companies shall make returns to the Comptroller-General on the same terms and in the same manner as insurance companies. Guarantee companies, how taxed. SEC. 8. Be it further enacted by the authority aforesaid, That the president, superintendents or agents of all manufacturing and other companies, whether incorporated or not, other than railroad, telegraph, telephone, express, sleeping and palace car companies, and all persons owning and operating manufacturing and other plants, shall return for taxation at its true market value all of their property of what soever kind to the tax-receivers of the county wherein it is located; provided, that if the real estate or plant of any of said companies or persons is located on or across a county line or county lines and in two or more counties, said real estate, together with the buildings and machinery thereon, and all personal property made by or used in connection with or for the purpose of operating said manufacturing or other plants, shall be returned to the tax-receiver of the county wherein are located the main buildings containing machinery or most of said main buildings, and the money notes and accounts and other like property may be so returned, or may be returned to the tax-receiver of the county wherein the principal officer or residence of such companies or persons is located; provided further, that the agent in this State of any person, firm or corporation resident without this State, who shall have on hand for sale, storage or otherwise, as such agent, merchandise or other property, including money, notes, accounts, bonds, stocks, etc., shall return the same for taxation to the tax receiver of the county where the same may be, to be taxed

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for State and county purposes as other property in this State is taxed. The word merchandise shall be held to include guano and commercial fertilizer. Save and except that all canal and slack-water navigation companies shall make through their respective executive officers or stockholders in possession of the same, returns to the tax-receiver of each county in which the same is located, or through which the same shall pass, in whole or in part, of the right of way, locks and dams, toll-houses, structures and all other real estate owned by or used by the company or stockholders thereof, provided this Act shall not make subject to taxation any property of canal or navigation companies which is not subject to taxation by the laws of this State now existing. The president of every manufacturing company in this State, and the agent, general manager or person in possession or charge of the business or property in this State, of any non-resident person, firm or corporation, shall be required to answer under oath, in addition to those provided by law, the following questions: Corporations, returns of. Canal and navigation companies. Manufacturing comp'nies, questions for. First. What is the nominal value or cost of the real estate of the company you represent, including the buildings thereon? Second. What is the fair market value thereof? Third. What is the nominal value or the cost of your machinery of every kind? Fourth. What is the fair market value thereof? Fifth. What is the value of the real estate not used in the conduct of the business of your company? Sixth. What is the value of raw material on hand on the day fixed for the return of property for taxation? Seventh. What is the value of manufactured goods or articles on hand on the day fixed for the return of property for taxation, whether at your principal office or in the hands of agents, commission merchants or others? Eighth. How much money did your company have on hand on the day fixed for the return of property for taxation, whether within or without the State? How much deposited in banks? Ninth. State separately the gross nominal value of the notes, accounts, bonds and other obligations for money or property of every kind on hand on the day fixed for the return of property for taxation. State separately the fair market value of each of said classes of property. Tenth. What other property of every kind did your company own on the day fixed for the return of property for taxation, and what is the fair market value thereof, and such company shall be taxed upon its entire property so ascertained, and the Comptroller-General

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is authorized to frame and have propounded any other questions which, in his judgment, would produce a fuller return. SEC. 9. Be it further enacted by the authority aforesaid, That all express, including railroad companies doing an express, telephone or telegraph business, and all telephone or telegraph companies, person or persons doing an express, telegraph or telephone business, through their president, general manager or agent having control of the company's affairs in this State, shall be required to make returns of all property of said company located in this State, to the Comptroller-General, and the law now of force providing for the taxation of railroads in this State shall be applicable to the assessment and collection of taxes from said telegraph and telephone, express and railroad companies doing an express, telephone or telegraph business as above stated; and if the revenue derived from the ad valorem tax raised under the provisions of this section, together with all taxes on the franchises of said person or corporation, does not amount to two and a half per cent. of the gross receipts of said companies, as shown by reports of said companies to the Comptroller-General, now required by law, the said Comptroller-General is hereby required to collect as an occupation tax from said companies such a per centum upon said gross receipts as will, when added to the ad valorem tax, State and county, including all taxes on franchises, equal to two and a half per centum upon said gross receipts. Said companies doing such business shall make a quarterly return on both as follows: On the last day of March, June, September and December, in each year, to the Comptroller-General, showing a full account of the gross receipts during the quarter ending on such dates; and said taxes herein levied on said gross receipts, as shown by said quarterly returns, shall be paid by the respective persons or companies to the Comptroller-General at the same time of making such returns. The gross receipts herein named shall be construed to mean the full amount of all money received from all business done within this State. If any person, superintendent, agent or president, as the case may be, whose duty it is to make returns under this section, shall fail to do so within thirty days after the time herein required, such person, superintendent, agent or president shall be liable to indictment, and upon conviction shall be punished as prescribed in section 1039, volume 3, of the Code of 1895. Express, railroad, telegraph and telephone companies. Returns. Penalty. Second. That each non-resident person or company whose sleeping-cars are run in this State shall be taxed as follows: Ascertain the whole number of miles of railroads over which such sleeping-cars are run, and ascertain the entire value of all sleeping-cars of such company, of such person or company, then tax such sleeping-cars

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at the regular tax rate imposed upon the property of this State, in the same proportion to the entire value of such sleeping-cars that the length of the lines in this State over which such cars run bears to the length of the lines of all railroads over which such sleeping-cars are run. The returns shall be made to the Comptroller-General by the president, general agent, or person in control of such cars in this State. The Comptroller-General shall frame such questions as will elicit the information sought, and answers thereto shall be made under oath. If the officers above referred to in control of such sleeping-cars shall fail or refuse to answer, under oath, the questions so propounded, the Comptroller-General shall obtain the information from such sources as he may, and he shall assess a double tax on such sleeping-cars. If the taxes herein provided for are not paid, the Comptroller-General shall issue executions against the owners of such cars which may be levied by the sheriff of any county of this State upon the sleeping car or cars of the owner who has failed to pay the taxes. Sleeping car companies, how taxed. Third. That any person or persons, copartnership, company, or corporation, wherever organized or incorporated, whose principal business is furnishing or leasing any kind of railroad cars, except dining, buffet, chair, parlor, palace or sleeping-cars, or in whom the legal title to any such cars is vested, but which are operated, or leased, or hired to be operated on any railroad in this State, shall be deemed an equipment company. Every such company shall be required to make returns to the Comptroller-General under the same laws now in force in reference to the rolling-stock owned by the railroads making returns in this State, and the assessment of taxes thereon shall be levied and the taxes collected in the same manner as provided in the case of sleeping-cars in subsection two of this section. Railroad equipment companies. SEC. 10. Be it further enacted by the authority aforesaid, That every sewing-machine company selling or dealing in sewing-machines, by itself, or its agents, in this State, and all wholesale and retail dealers in sewing-machines, selling machines manufactured by companies that have not paid the tax herein, shall pay two hundred dollars, for the fiscal year, or fractional part thereof, to be paid to the Comptroller-General at the time of commencement of business; and said companies or dealers shall furnish the Comptroller-General with a list of agents authorized to sell machines of their manufacture, or under their control, and shall pay to said Comptroller-General the sum of ten dollars for each of said agents for the fiscal year, or fractional part thereof, for each county in which said agent may do business for said company. Upon the payment of said additional sum, the Comptroller-General shall

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issue to each said agents a certificate of authority to transact business in this State. Before doing business under this Act, all sewing-machine agents shall be required to register their names with the ordinaries of those counties in which they intend to operate, and exhibit to said ordinaries their license from the Comptroller-General, and to keep such license posted on their vehicles, or at their places of business. Wholesale or retail dealers in sewing-machines shall be required to pay the tax provided herein, for each manufacture of sewing-machines sold by them, except the manufacture of such companies as have paid the tax required by this Act. All unsold sewing-machines belonging to sewing-machine companies, dealers, or their agents, in possession of said companies, dealers, their agents, or others, shall be liable to seizure and sale for payment of such fees, license and tax. Any person who shall violate the provisions of this section shall be liable to indictment for a misdemeanor, and on conviction shall be punished as prescribed in section 1039, volume III., of the Code of 1895. None of the provisions of this section shall apply to licensed auctioneers selling second-hand sewing-machines, or to officers of the law under legal process, or to merchants buying and selling machines on which a license tax has been paid, as herein provided, and who keep the said machines and sell and deliver them at their places of business, such sales not being on commission. Sewing machine companies and agents, how taxed. Registration. Penalty. SEC. 11. Be it further enacted by the authority aforesaid, That every bicycle dealer selling or dealing in bicycles, either at wholesale or retail, for themselves or upon commission, shall pay ten dollars ($10.00) for the fiscal year or any part thereof, to be paid to the tax-collector of the county at the time of the commencement of business; dealers selling bicycles at more than one place shall pay said license for each place of business where the bicycles are sold by them. Before doing business under this Act, all bicycle dealers shall be required to register their names and places of business with the ordinaries of those counties in which they intend to operate. All unsold bicycles belonging to dealers shall be liable to seizure and sale for payment of such fees, licenses and tax. Upon every agent of any manufacturer of, and upon every dealer in automobiles, or other self-propelling vehicles, the sum of fifty dollars for each agency or place of business. They to register and pay said tax in the same manner as bicycle dealers. Upon every agent of, any manufacturer of, and upon every dealer in typewriters or typewriting machines, cash registers and calculating and weighing scales, the sum of ten dollars for each agency or place of business. They to register and pay said tax in the same manner as bicycle dealers. Any person who shall violate the provisious of this section shall be

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liable to indictment for a misdemeanor, and on conviction shall be punished as prescribed in section 1039, volume III. of the Code of 1895. None of the provisions of this section shall apply to licensed auctioneers selling second-hand bicycles, or to officers of the law under legal process. Bicycle dealers. Registration. Automobile dealers. Typewriter and type machine dealers. Penalty SEC. 12. Be it further enacted by the authority aforesaid, That no tax shall be assessed upon the capital of banks or of banking associations organized under the authority of the State or of the United States, and located within this State, but the shares of the stockholders of such banks or banking associations, whether resident or non-resident owners, shall be taxed in county where such banks or banking associations are located, and not elsewhere, at their true and full market value, at the same rate provided in this Act for taxation of moneyed capital in the hands of private individuals; provided, that nothing in this section contained shall be construed to relieve such banks or banking associations from the tax on real estate held or owned by them; provided further, that nothing herein contained shall be construed to levy any tax on real or personal property held or owned by any bank or banking association, the value of which is represented in the market value of its shares of stock; that each bank or banking association shall pay tax on the surplus and undivided profits when the same are not included in the market value of its shares; provided further, that all property used in conducting or operating a branch bank shall be returned for taxation in the county where such branch bank may be located. The true intent and meaning of this section is that the bank itself shall return for taxes and pay the taxes on the full market value of all the shares of said bank stock. Banks, how taxed. SEC. 13. Be it further enacted by the authority aforesaid, That presidents of all railroad companies doing business in this State shall make returns to the Comptroller-General in the manner provided by law for the taxation of the property of the gross receipts or net income of such railroads, and shall pay the Comptroller-General the tax to which such property or gross receipts or net income may be subject according to the provisions of this Act, and the laws now in force relating to the tax on railroads; and on failure to make returns or refusal to pay tax, said companies shall be liable to all the penalties now provided by law; and the Comptroller-General is hereby required, upon failure of such companies to make returns, or if made and not satisfactory to said officer, to proceed against such companies as provided in section 812 of the Code of 1895, volume 1. Railroad companies, returns of. SEC. 14. Be it further enacted by the authority aforesaid, That

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the presidents and principal agents of all the corporated companies herein mentioned, except such as are required to make returns to tax-receivers of the counties, shall make returns to the Comptroller-General under the rules and regulations provided by law for such returns, and subject to the same penalties and the modes of procedure for the enforcement of taxes from companies or persons required by law to make returns to the Comptroller-General. Corporations, returns of, to Comptroller-General. SEC. 15. Be it further enacted by the authority aforesaid, That any person or company, resident of this State, who is the owner of a vessel or boat or water craft of any description, shall answer under oath the number of vessels, boats and other water crafts owned by them, and the value of each, and make returns of the same to the tax-receiver of the county of the residence of such person or company, and the same shall be taxed as other property is taxed. Returns of water crafts. SEC. 16. Be it further enacted by the authority aforesaid, That in returning property for taxes, all property shall be returned at its value. Promissory notes, accounts, judgments, mortgages, liens of all kinds, and all choses in action shall be given in at their value, whether solvent or partially solvent. Every person shall return for taxes all jewelry and other property of every kind owned by his wife and minor children, unless the members of his or her family return their property for taxation. In addition to the questions now propounded to the taxpayer by the tax-receivers, questions shall be framed by the Comptroller-General to reach all property upon which a tax is imposed by this Act. All returns, how made. SEC. 17. Be it further enacted by the authority aforesaid, That the oath to be administered to all persons making returns of taxable property for themselves or as the agent of another, shall be the oath required under section 834, volume 1, of the Code of 1895, to be attached to the printed list presented to each taxpayer; provided, that non-residents, females and sick persons may take and subscribe the oath herein required, before any person authorized by law to administer oaths, and cause same to be delivered to the tax-receiver, who shall receive the same. All returns made on oath. SEC. 18. Be it further enacted by the authority aforesaid, That the Comptroller-General is authorized and empowered to order the tax-receivers of this State to commence receiving the returns of the taxable property immediately after the first day of April of said years 1903 and 1904, and that the Comptroller-General is empowered and required to cause the taxes to be collected and to be paid into the State treasury by the twentieth of April of the year 1904. Returns and collections, when made.

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SEC. 19. Be it further enacted by the authority aforesaid, That blind persons, Confederate soldiers, and all other persons having lost a limb or limbs, or deformed by nature so as to render them unfit for manual labor, relieved by the proviso in paragraph 1, section 2, from the payment of taxes designated in that paragraph, shall be relieved also from the payment of the taxes designated in paragraphs six, seven, eight and eleven of section 2, and also from payment of any county or municipal license tax, if carrying on and dependent upon the kinds of business designated therein; provided, that before any person shall be entitled to the benefit of any of the exemptions provided for in this section, he shall go before the ordinary of the county in which he proposes to carry on business and make and file an affidavit setting forth the facts that he is entitled to such exemptions, and that he is the proprietor of the business he proposes to conduct, and is conducting the same for himself and not for others. Exemptions. SEC. 20. Be it further enacted by the authority aforesaid, That immediately after the first day of each of the years 1903 and 1904, the Governor, Comptroller-General and State Treasurer shall fix a day between January first and April first of each of the years 1903 and 1904 as the day for making a return of taxes, instead of April the first, which day shall not be fixed until March the first of each of the years 1903 and 1904, as provided by Act approved December 20th, 1893. Returns, when made. SEC. 21. Be it further enacted by the authority aforesaid, That it shall be the duty of the Comptroller-General, when he causes to be printed the lists which are to be presented to the taxpayer, as is required under existing laws, to incorporate therein the questions provided for in sections 8 and 16 of this Act, and to so arrange them as to require a separate answer to each question, and the Comptroller-General is authorized and required to include any other question in said lists which in his judgment will cause a fuller return of property subject to taxation under the laws of this State, and shall omit from said lists such questions as are more explicitly covered and set forth in this Act, or under existing laws. Lists for returns, how prepared. SEC. 22. Be it further enacted by the authority aforesaid, That it shall be the duty of the receiver of tax returns of the several counties of this State, before receiving the returns of any taxpayers, to actually administer the oath required by law, of taxpayers, the oath being read by the taxpayer in the presence of and in the hearing of the receiver, or by the receiver in the hearing and presence of the taxpayer; and for failure of such receiver to so administer such oath, except in those cases where by law said oath may be made before some other person, such receiver will be guilty of a

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misdemeanor, and, upon conviction, shall be punished as prescribed in section 1039 of Volume 3 of the Code of 1895. Oath to tax returns, how administered. SEC. 23. Be it further enacted by the authority aforesaid, That the intent and purpose of the tax laws of the State is to have all property and subjects of taxation fairly assessed at the value which would be realized therefrom by cash sale, in such manner as such property and subjects are usually sold, but not by forced sale thereof, and the words fair market value, when used in the tax laws, shall be held and deemed to mean what the property and subjects would bring at cash sale when sold in such manner as such property and subjects are usually sold. Fair market value. SEC. 24. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1902. TAX FOR PAYMENT OF BONDS. No. 126. An Act to pay off and retire bonds of the State as they mature (in accordance with article 7, section 14, paragraph 1 of the Constitution of 1877) by levy and collection of a tax for that purpose, 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 Governor is hereby authorized, with the assistance of the Comptroller-General, at the time of the assessment of the levy of taxes for the year one thousand nine hundred and three, to assess and levy a per centum on the taxable property of this State sufficient to raise one hundred thousand dollars net for said year one thousand nine hundred and three, in addition to the amount to be levied to pay the public expenses and the interest on the public debt, which shall be a sinking-fund to pay off and retire an equal amount of the valid bonds of this State as they mature, as hereinafter provided, which shall be applied to no other purpose whatever; provided, this tax shall not be estimated by any county authorities in assessing for county purposes the taxes of any county. Tax for payment of bonds. SEC. 2. Be it further enacted by the authority aforesaid, That the tax authorized herein shall be specially levied and collected, and separate accounts of the same shall be kept by the Treasurer,

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and the money arising therefrom shall be applied to paying off and retiring the valid bonds of this State as hereinafter provided. SEC. 3. Be it further enacted by the authority aforesaid, That the said amount so raised in the year one thousand nine hundred and three shall be applied to the payment of the same amount of the valid bonds of this State maturing January 1, 1905. Maturing January [Illegible Text] 1905. SEC. 4. Be it further enacted by the authority aforesaid, That all bonds retired under the provisions of this Act shall be cancelled and stamped with the words sinking-funds by the Treasurer, and filed in his office. SEC. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902. FRANCHISES, HOW TAXED. No. 145. An Act to provide for and require the payment of taxes on franchises, and to prescribe the method for the return and payment of said taxes. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That the term special franchise, as used in this Act, shall include every right and privilege exercised within this State granted to any person, partnership or corporation by the State or its authority, or by any county or county officer, or officers, or any municipal corporation or officer thereof, for the exercise of the power of eminent domain, or for the use of any public highway or street, or the land above or below any highway or street within the limits of said State, and every special right exercised within this State granted by charter, resolution, by-law, statute or otherwise, whether under the laws of this or any other State, for the exercise of any public service, such as the construction and operation of railroads equipped for steam, electricity, horse-power, compressed air, or otherwise, for the common carrying of passengers or freight; the construction or operation of any plant or plants for the distribution and sale of gas, water, electric lights or power, steam heat, refrigerated air, or other substances by means of wires, pipes or conduits made under or above any street, alley or highway, or the construction and

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operation of any telephone or telegraph plant; all rights to conduct wharfage, dockage or cranage business; the conduct of any express business or the operation of sleeping, palace, dining or chair-cars; all rights and privileges to construct, maintain or operate canals, toll roads or toll bridges; the right to carry on the business of maintaining equipment companies, navigation companies, freight or passenger depots, and every other like special function dependent upon the grant of public powers or privileges not allowed by law to natural persons or involving the performance of any public service, not including the mere right to be a corporation by trading or manufacturing, or other corporation exercising no special franchise above enumerated. Special franchise defined. SEC. 2. Be it further enacted by the authority aforesaid, That on or before the first day of May in each and every year, every person, partnership or corporation holding or owning and exercising any special franchise or franchises within the State of Georgia, shall make a special return, sworn to by such person or member of such partnership, or by the president, vice-president or secretary of such corporation, to the Comptroller-General, stating the value of said franchises as exercised within this State, and particularly describing the same, accompanying said return with a certified copy of every statute, ordinance, resolution, contract or grant under and by authority of which said franchises are held, claimed or owned; provided, nevertheless, that where such certified copies have once been filed with or returned to said Comptroller-General, it shall not be necessary in any subsequent annual return to duplicate the same, but the same shall be considered returned by reference to the copies filed as required by this section. Returns to Comptroller-General. SEC. 3. Be it further enacted by the authority aforesaid, That the Comptroller-General shall not be bound to accept the valuation assigned to such franchises in the return made, but it shall be his right and duty to review the same, and in case of his refusal to accept the return, the subsequent proceedings shall be in all particulars the same as are now provided by law in the case of his refusal to accept the returns made by railroad companies of their physical property, and said franchises shall be taxed at the same rate as other property upon the value thereof as returned, or if the value returned is not accepted, upon the value as above ascertained, the said tax to be levied and collected as now provided in case of the property of railroad companies. Value of franchise, how ascertained and taxed. SEC. 4. Be it further enacted by the authority aforesaid, That in the cases of all special franchises exercised beyond the limits of one municipality or county, as in the case of telegraph or telephone lines, or railroads or steamboats, the return provided for in

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the second article shall show the number of miles over which said railroad or telegraph or telephone franchise, or other special franchises, are exercised in each county and in each municipal division within said State, in like manner as railroad companies now make returns of their physical property. Franchise exercised in more than one municipality or town. SEC. 5. Be it further enacted by the authority aforesaid, That the valuation for taxation of such franchises in each county and municipality in or through which said franchise is exercised, shall be apportioned to each county and municipality as is now provided by law for the apportionment of the personal property of railroad companies. SEC. 6. Be it further enacted, That the Comptroller-General shall certify to every such municipal corporation and the taxing authorities of every such county the name of every special franchise taxable within such municipality or county, and the amount of taxes due on the same to such municipal corporation or county as now provided by law in the case of railroads. Taxes due counties and municipalities. SEC. 7. Be it further enacted, That the taxes due to each municipality or county on such franchise shall be collected and enforced as now provided by law in the case of other taxes due the same by railroad companies. Taxes due counties and municipalities. SEC. 8. Be it further enacted by the authority aforesaid, That any person, firm or corporation failing to make return of his special franchises as hereinbefore required, shall be liable to double taxes thereon, in like manner as is provided by law in the case of failure to make return of other property. The value thereof to be assessed by the Comptroller-General from the best information accessible to him and certified in like manner as provided in section six above. Double tax. SEC. 9. Be it further enacted by the authority aforesaid, That nothing in this Act contained shall be held, taken or construed to exempt from taxation any franchise not enumerated in this Act; but all franchises of value not provided for in this Act shall be returned for taxation and taxed as other property under the present laws. Other franchises. 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. Approved December 17, 1902.

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TITLE III. CODE, AMENDMENTS OF. ACTS. Volume 1, Section 739Eligibility of Councilmen and Aldermen. Volume 1, Section 982State Depositories, Barnesville added. Volume 1, Section 982State Depositories, Baxley added. Volume 1, Section 982State Depositories, Hartwell added. Volume 1, Section 982State Depositories, LaFayette added. Volume 1, Section 982State Depositories, Louisville added. Volume 1, Section 982State Depositories, Montezuma added. Volume 1, Section 982State Depositories, Pelham added. Volume 1, Section 982State Depositories, Sandersville added. Volume 1, Section 982State Depositories, Swainsboro added. Volume 1, Section 982State Depositories, Thomson added. Volume 1, Section 982State Depositories, Winder added. Volume 2, Section 1840 and 1841Charters, how amended. Volume 2, Section 2017Insurance Companies, charters of. Volume 2, Section 2145Insurance Companies, suits against. Volume 2, Section 2754Foreclosure before debt due, when. Volume 2, Section 4315Superior Courts. when he'd. Volume 2, Section 5113Executions, how amended. Volume 3, Section 573Terrapins, capture of. Volume 3, Section 642Bastard Child, maintenance of. Volume 3, Section 670Cheating, corporation or firm. Volume 3, Section 691Illegal Dividends. Volume 3, Section 752Transfer of indictments to city or county courts. ELIGIBILITY OF COUNCILMEN AND ALDERMEN. No. 3. An Act to amend section 739 of the Code of Georgia of 1895, as amended by the Act approved December 21, 1899, regulating the eligibility of councilmen and aldermen of certain towns and cities in this State for election to other municipal offices, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act section

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739 of the Code of Georgia of 1895, as amended by the Act approved December 21, 1899, be, and the same is, hereby amended by adding after the words, of less than two thousand inhabitants, and before the words, any other municipal office, the words and more than eighty thousand inhabitants; and by adding after the words, to which he has been appointed, and before the words provided, nothing herein contained, the following words: In cities of more than eighty thousand inhabitants councilmen and aldermen, during the term of office for which they were chosen, are incompetent to hold any office in said cities which is filled by appointment or election of the general council or governing board, but shall be competent to hold any other office in said cities, having first resigned the office of councilman or alderman, so that said section 739, as amended by the Act of December 21, 1899, will read, as herein amended, as follows: Councilmen and aldermen of the towns and cities of this State shall be incompetent to hold, except in towns of less than two thousand inhabitants and more than eighty thousand inhabitants, any other municipal office in said towns and cities during the term of office for which they were chosen; provided, nothing herein shall render them ineligible to be elected during said term to serve in a term immediately succeeding said term, but nothing in this section shall apply to any municipal office which is filled by appointment of the mayor. Any councilman or alderman appointed during his term to any other municipal office shall resign before being eligible to enter upon the office to which he has been appointed. In cities of more than eighty thousand inhabitants, councilmen and aldermen, during the term of office for which they were chosen, are incompetent to hold any office in said cities which is filled by appointment or election of the general council or governing board, but are competent to hold any other office in said cities, having first resigned the office of councilman or aldermen; provided, nothing herein contained shall be construed as repealing any provisions to the contrary hereof in any charter of any city or town in this State. Code of 1895, section 739 amended. Councilmen and aldermen, eligibility of the other mnnicipal offices. 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. Approved November 15, 1902.

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STATE DEPOSITORIES, BARNESVILLE ADDED. No. 41. 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 Barnesville, in Pike 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 Barnesville, in Pike county, Georgia, to the list of such cities. Barnesville, bank in, made a State depository. SEC. 2. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 6, 1902. STATE DEPOSITORIES, BAXLEY ADDED. No. 33. 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 Baxley, in Appling county, and Douglasville, in Douglas 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 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,

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hereby so amended as to add the city of Baxley, in Appling county, and Douglasville, in Douglas county, Georgia, to the list of such cities. Baxley and Douglasville, banks in, made State depositories. 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 4, 1902. STATE DEPOSITORIES, HARTWELL ADDED. No. 13. 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 and towns 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 Hartwell, in Hart county, Georgia, to the list of such cities and towns, 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 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 town of Hartwell, in Hart county, Georgia, to the list of such cities and towns. Hartwell, bank in, made a State depository. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 25, 1902.

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STATE DEPOSITORIES, LAFAYETTE ADDED. No. 31. 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 and towns 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 LaFayette, in the county of Walker, State of Georgia, to the list of said cities and towns. SECTION 1. Be it enacted by the General Assembly of Georgia, 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 and towns 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 so as to add the town of LaFayette, in the county of Walker, State of Georgia, to the list of such cities and towns. LaFayette, bank in, made State depository. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 4, 1902. STATE DEPOSITORIES, LOUISVILLE ADDED. No. 120. An Act to amend section 982 of the Code of Georgia of 1895, providing for the selection by the Governor of banks of 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 Louisville, in the county of Jefferson, 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

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of the General Assembly amendatory thereof, be, and the same are, hereby amended so as to add the city of Louisville, in the county of Jefferson, to the list of such cities. Louisville, bank in, made State depository. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902. STATE DEPOSITORIES, MONTEZUMA ADDED. No. 116. 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 Montezuma, in the county of Macon, Georgia, to the list of such cities. SECTION 1. Be it enacted by the General Assembly of the State 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 amended, so as to add the city of Montezuma, in Macon county, Georgia, to the list of such cities. Montezuma, bank in, made State depository. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902.

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STATE DEPOSITORIES, PELHAM ADDED. No. 100. 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 Pelham, in Mitchell 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 Pelham, in Mitchell county, Georgia, to the list of such cities. Pelham, bank in, made State depository. SEC. 2. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1902. STATE DEPOSITORIES, SANDERSVILLE ADDED. No. 146. 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 Sandersville, in Washington 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 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

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amended, so as to add the city of Sandersville, in Washington county, Georgia, to the list of such cities. Sandersville, bank in, made State depository. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902. STATE DEPOSITORIES, SWAINESBORO ADDED. No. 111. 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 Swainesboro, in Emanuel 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 herein 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 Swainesboro, in Emanuel county, Georgia, to the list of such cities. Swainesboro, bank in, made State depository. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902.

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STATE DEPOSITORIES, THOMSON ADDED. No. 74. 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 and towns 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 Thomson, in the county of McDuffie, Georgia, to the list of said cities and towns. 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 the Code of Georgia of 1895, providing for the selection by the Governor of banks in certain cities and towns 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 town of Thomson, in the county of McDuffie, State of Georgia, to the list of such cities and towns. Thomson, bank in, made State depository. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 10, 1902. STATE DEPOSITORIES, WINDER ADDED. No. 154. 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 several Acts of the General Assembly of the State of Georgia amendatory thereof, so as to add the city of Winder, in the counties of Jackson, Walton and Gwinnett, 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,

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hereby so amended as to add the city of Winder, in the counties of Jackson, Walton and Gwinnett, State of Georgia, to the list of such cities. Winder, bank in, made State depository. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act, be, and the same are, hereby repealed. Approved December 17, 1902. CHARTERS, HOW AMENDED. No. 132. An Act to amend sections 1840 and 1841 of volume 2 of the Civil Code of 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 the authority of the same, That section 1840 of volume 2 of the Civil Code of 1895, which reads as follows: Any banking, insurance, railroad, canal, navigation, express or telegraph company, heretofore incorporated by the General Assembly by special Act, may amend its charter so as to acquire any or all of the corporate powers and privileges granted to a like corporation under the Acts already, or to be hereafter passed, providing for the grant of corporate powers and privileges to such companies by the Secretary of State, by filing with the Secretary of State a petition, signed with the corporate name, stating the name and character of the corporation, the date of the original Act of incorporation and all amendments thereto; that it desires an amendment to its charter by having granted to it the corporate powers and privileges granted to similar corporations by the Act, or certain specified sections of the Act, providing for the grant of corporate powers and privileges to (insert kind of company) by the Secretary of State, and paying to the Secretary of State a fee of twenty-five dollars, to be covered by him into the treasury of the State, and also filing along with said petition a certified abstract from the minutes of the corporation, showing that the application for amendment has been authorized by proper corporate action, be, and the same is, hereby amended by adding at the end of said section the following words: Whenever any insurance company which, by its charter, is permitted to do other than a fire insurance business, desires to abandon the same, or any part thereof, it may,

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upon application to the Secretary of State, relinquish and surrender any or all the powers and privileges granted to it for the conduct of such other business, provided no rights of contract be thereby violated, so that said section, when amended, shall read as follows: Any banking, insurance, railroad, canal, navigation, express or telegraph company, heretofore incorporated by the General Assembly by special Act, may amend its charter so as to acquire any or all of the corporate powers and privileges granted to a like corporation under the Acts already, or to be hereafter passed, providing for the grant of corporate powers and privileges to such companies by the Secretary of State, by filing with the Secretary of State a petition signed with the corporate name, stating the name and character of the corporation, and date of the original Act of incorporation and all amendments thereto, that it desires an amendment to its charter by having granted to it the corporate powers and privileges granted to similar corporations by the Act, or certain specified sections of the Act, providing for the grant of corporate powers and privileges to (insert kind of company) by the Secretary of State, and paying to the Secretary of State a fee of twenty-five dollars, to be covered by him into the treasury of the State, and also filing along with said petition a certified abstract from the minutes of the corporation, showing that the application for amendment has been authorized by proper corporate action. Whenever any insurance company which, by its charter, is permitted to do other than a fire insurance business, desires to abandon the same, or any part thereof, it may, upon application to the Secretary of State, relinquish and surrender any or all the powers and privileges granted to it for the conduct of such other business, provided no rights of contract be thereby violated. Insurance companies, charters of, how amended. SEC. 2. Be it further enacted by the authority aforesaid, That section 1841 of volume 2 of the Civil Code of 1895 be, and the same is, hereby amended by inserting after the word amendment and before the word thereupon, in the first line of said section, the following words: if the application shall be to amend the charter so as to acquire any or all of the corporate powers and privileges granted to a like corporation under the Acts already or to be hereafter passed, providing for the grant of corporate powers and privileges to such companies; and also by adding at the end of said section the following words: if the application shall be to amend the charter by relinquishing and surrendering any of the powers or privileges granted to insurance companies as provided in the preceding section, then the Secretary of State will issue to said insurance company the following certificate: To whom it may concern

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greeting: (insert here name of petitioning insurance company), a corporation created by an Act of the General Assembly of this State, by an Act approved (insert here date of approval of Act), having petitioned for an amendment of the charter of said corporation in terms of the law in such case made and provided by (insert here the particular powers or privileges which said insurance company desires to relinquish or surrender), said amendment is hereby granted and allowed and made a part of the charter of the said (insert here name of insurance company desiring amendment). Witness my hand and seal of this State, thisday of 19, so that said section, when amended, shall read as follows: Certificate of amendment. If the application shall be to amend the charter, so as to acquire any or all of the corporate powers and like privileges granted to a like corporation under the Acts already, or to be hereafter passed, providing for the grant of corporate powers and privileges to such companies, thereupon the Secretary of State shall issue to the corporation the following certificate: Georgia. To whom it may concern greeting: (insert here name of petitioning corporation), a corporation created by an Act of the General Assembly of this State by an Act approved (insert here date of approval of Act), and Acts amendatory thereof, approved (insert here date of approval of amendatory Acts), having petitioned for an amendment of the charter of said corporation, in terms of the law in such case made and provided, the corporate powers and privileges set out in the Act (or certain specified sections of the Act), providing for the grant of corporate powers and privileges by the Secretary to (insert charter of company), are hereby conferred upon (insert name of company desiring amendment). Witness my hand and seal of this State, this day of , 190. If the application shall be to amend the charter by relinquishing and surrendering any of the powers or privileges granted to insurance companies as provided in the preceding section, then the Secretary of State shall issue to said insurance company the following certificate: To whom it may concern greeting: (insert here name of petitioning insurance company), a corporation created by an Act of the General Assembly of this State by an Act approved (insert here date of approval of Act), and Acts amendatory thereof approved (insert here date of approval of amendatory Acts), having petitioned for an amendment of the charter of said corporation in terms of the law in such case made and provided, by (insert here the particular powers or privileges which said insurance company desires to relinquish or surrender), said amendment is hereby granted and allowed, and

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made a part of the charter of the said (insert name of insurance company desiring amendment). Witness my hand and seal of this State, this day of , 19. Certificate of amendment. 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 16, 1902. INSURANCE COMPANIES, CHARTERS OF. No. 129. An Act to alter and amend section 2017, volume 2 of the Code of 1895, so far as said section relates to the issuing and granting of corporate powers and privileges to insurance companies by the Secretary of State; to define the powers and liabilities of such companies and regulate the same by striking out of all of said section 2017 after the word business, in the sixth line, to wit: the rights, powers and privileges granted said corporations shall not continue for a longer period than fifty years, unless the same be continued by the laws of force at the expiration of said fifty years, 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 2017, volume 2 of the Code of 1895, be, and the same is, hereby altered and amended by striking from said section 2017 all of said section after the word business, in the sixth line, to wit: The rights, powers and privileges granted said corporation shall not continue longer than fifty years, unless the same be continued by laws of force at the expiration of said fifty years, so that when said section is so amended it will read as follows: That all the powers and privileges and said certificate of incorporation of said insurance company shall cease and determine at the expiration of two years from the date of said certificate; if at the expiration of said two years said company has not organized and commenced business. Insurance companies, charters of, expiration of. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1902.

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INSURANCE COMPANIES, SUITS AGAINST. No. 160. An Act to amend section 2145 of the Code of 1895, by striking out, in the seventh and eighth lines, the word agency, and inserting in lieu thereof the word agent, so as to better fix the venue of suits against insurance companies, 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 section 2145 of the Code of 1895 be amended as follows: By striking out the word agency, in the seventh and eighth lines, and inserting in lieu thereof the word agent, so that said section, when so amended, will read as follows: Whenever any person may have any claim or demand upon any insurance company having agencies or more than one place of doing business, it shall be lawful for such person or persons to institute suit against said insurance company within the county where the principal office of such company is located, or in any county where said insurance company may have an agent or place of doing business, or in any county where such agent or place of business was located at the time the cause of action accrued, or the contract was made out of which said cause of action arose. Insurance companies, suits against, venue of. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 17, 1902. FORECLOSURE BEFORE DEBT DUE, WHEN. No. 90. An Act to amend section 2754 of the Code of 1895, which provides for the foreclosure of mortgages before due, 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 2754 of the Code of Georgia of 1895 be, and the same is,

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hereby amended by inserting after the word county, in the fifth line of said section, the following words: Or when the defendant is seeking to fraudulently dispose, or is fraudulently disposing of said mortgaged property, and a disposing of said property will lessen the security, and by inserting after the word him, in the tenth line of said section, the following words: Or when the defendant is fraudulently disposing, or seeking to fraudulently dispose of said mortgaged property, and a disposing of said property will lessen the security, so that said section, when amended, will read as follows: Whenever process of attachment can be legally sued out against any person upon any debt or demand secured by mortgage on personal property, or whenever the purchaser of mortgaged property is seeking to remove the same beyond the limits of the county, or when the defendant is seeking to fraudulently dispose, or is fraudulently disposing of said mortgaged property, and a disposing of said property will lessen the security, it shall be lawful for the creditor to foreclose his mortgage in the manner now prescribed by law, except that the affidavit need not state that the debt or demand is due, but shall state that the debtor has placed himself in some one of the positions where process of attachment could legally issue against him, or when the defendant is disposing, or seeking to dispose, of said mortgaged property, and a disposing of said property will lessen the security, and shall state the amount of the debt or demand claimed, and when the same will be due. Foreclosure of mortgage before debt due, when and how. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1902. SUPERIOR COURTS, WHEN HELD. No. 94. An Act to amend section 4315 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 4315 of the Code of 1895 is hereby amended by inserting in line four thereof, after the word law the words not less than,

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so that said section, when amended, shall read as follows: Said judges shall hold the superior courts of each circuit at the county site and court-house (if any) of each county, or other place therein designated by law, not less than twice each year, at such times as are now, or may be, prescribed by the General Assembly. Superior Courts, terms of. SEC. 2. Be it likewise enacted, That all laws in conflict with this Act are hereby repealed. Approved December 16, 1902. EXECUTIONS, HOW AMENDED. No. 42. An Act to amend section 5113 of the Civil Code of Georgia, so as to allow executions to be amended by the clerk of the court from which the same were issued, so as to conform to amended judgments. 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 5113 of the Civil Code of Georgia be amended by adding thereto the following words, to wit: And where such judgment has been so amended, and execution shall have previously issued thereon, the clerk of the court in which such judgment was rendered shall have the power to amend the said execution at any time, so as to make the same conform to the amended judgment, and such amendment shall not cause any levy thereon to fall, so that said section, when amended, shall read as follows: A judgment may be amended by order of the court in conformity to the verdict upon which it is predicated, even after an execution issues, and where such judgment has been so amended, and execution shall have previously issued thereon, the clerk of the court in which such judgment was rendered shall have the power to amend the said execution at any time, so as to make the same conform to the amended judgment, and such amendment shall not cause any levy thereon to fall. Executions on amended judgments. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 5, 1902.

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TERRAPINS, CAPTURE OF. No. 66. An Act to amend section 573 of the Penal Code of Georgia of 1895, by adding after the word July, in the last line of said section, the following words, to wit: Provided, that nothing in this section shall be so construed as to apply to persons owning and maintaining a bona fide and duly established terrapin crawl or pen, in which terrapins may be kept for the purpose of raising and cultivation, 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 573 of the Penal Code of Georgia of 1895, be amended by adding after the word July, in the last line of said section, the following words, to wit: Provided, that nothing in this section shall be so construed as to apply to persons owning and maintaining a bona fide and duly established terrapin crawl, or pen in which terrapins may be kept for the purpose of raising and cultivation, so that said section, when amended, shall read as follows: Section 573. It shall be taken and deemed as prima facie evidence of a violation of the provisions of the two preceding sections for any person, or persons, to be found in possession of any terrapin of a less size than five and one half inches, measured lengthwise on the lower shell, at any season of the year, or of any terrapin of any kind between the first of March and the 25th of July; provided, that nothing in this section shall be so construed as to apply to persons owning and maintaining a bona fide and duly established terrapin crawl, or pen in which terrapins may be kept for the purpose of raising and cultivation. Terrapins, raising and cultivation. 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 10, 1902.

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BASTARD CHILD, MAINTENANCE OF, BOND FOR. No. 212. An Act to amend section 642 of volume 3 of the Code of 1895, by adding after the word child, in the third line of said section, the following words, to wit: And also the expenses of lying-in with such child, boarding, nursing and maintaining while the mother is confined by reason thereof. Also, adding after the word child, in the seventh line of said section, the words for the payment of the expenses of lying-in with such child, boarding, nursing and maintenance while the mother is confined by reason 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 section 642 of volume 3 of the Code of 1895 be amended by adding after the word child, in the third line of said section, the following words, to wit: And also the expense of lying-in with such child, for the payment of the expenses of lying-in with such child, boarding, nursing and maintenance while the mother is confined by reason thereof, so that said section, when amended, shall read as follows: If a putative father of a bastard child shall refuse or fail to give security for the maintenance and education of such child, and also the expense of lying-in with such child, boarding, nursing and maintenance while the mother is confined by reason thereof, when required to do so in terms of the law, he shall be guilty of a misdemeanor. If fined, the fine shall be paid over to the ordinary of the county to be by him improved and applied from time to time, as occasion may require, for the maintenance of such child, and for the payment of the expense of lying-in with such child, boarding, nursing and maintenance, while the mother is confined by reason thereof, and shall not be retained by the officers of court for the purpose of paying insolvent costs due them, or for any other purpose. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1902.

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CHEATING OR DEFRAUDING CORPORATION OR FIRM. No. 69. An Act to amend section 670 of the Penal Code of Georgia, which provides punishment for cheating and defrauding an individual or the public by deceitful means and artful practice, not especially provided for, so as to apply the provisions thereof the cheating or defrauding a firm or corporation. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That section 670 of the Penal division of the Code of said State be, and the same is, hereby amended by inserting in the fourth line of said section immediately after the word individual, the words or a firm or corporation, so that said section, when amended, shall read and be as follows, to wit: Any person using any deceitful means or artful practice, other than those which are mentioned in this Code, by which an individual, or a firm, or a corporation, or the public, is defrauded or cheated, shall be punished as for a misdemeanor. Cheating or defrauding a corporation or firm. 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. Approved December 10, 1902. ILLEGAL DIVIDENDS. No. 131. An Act to amend section 691 of volume 3 of the Code of 1895, by striking from the fourth line of said section the words the legitimate proceeds of its investments, and inserting in lieu thereof the words declared or distributed from the actual legitimate net earnings of its investments, and by adding at the end of said fourth line the words, and does in any manner increase its debts, 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 691 of the Code of 1895 of the State of Georgia, be

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amended by striking from the fourth line of said section the words the legitimate proceeds of its investments, and inserting in lieu thereof the words declared or distributed from the actual legitimate net earnings of its investments, and by adding at the end of said fourth line the words and does in any manner increase its debts, so that said section, when so amended, will read as follows: No joint stock company, corporation or other association shall declare any dividend or distribute any money among its members as profits, when such dividend or money is not declared or distributed from the actual legitimate net earnings of its investments, and does in any manner increase its debts. Any president, director or other officer or agent of any joint stock company, corporation or other association violating the provisions of this section shall be guilty of a misdemeanor. Illegal dividends prohibited. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved December 16, 1902. TRANSFER OF INDICTMENTS TO CITY OR COUNTY COURTS. No. 127. An Act to amend an Act entitled an Act to amend section 752 of the Penal Code, which relates to the transfer of indictments from the superior court to the county court. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the above cited Act, approved December 13, 1900, be amended by inserting in section 1, line eleventh, after the word judge, the words or city court, so, when amended, said section will read as follows: Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the above recited section of the Penal Code be, and the same is, hereby amended by inserting after the word discretion, in the third line thereof, the words either in term time or vacation, so that said section, when amended, will read as follows: If an indictment is found by the grand jury, the judge of the superior court may, in his discretion, either in term time or vacation, order it to be transferred, with all the papers in

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the case, to the county judge or city court. After giving ten days' notice to the prosecutor and the accused, the county judge shall proceed to dispose of the case in the manner prescribed for cases in which no indictment has been demanded. Transfer of indictments to city or county courts. 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 16, 1902.

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TITLE IV. SUPERIOR COURTS. ACTS. Superior Court, terms of, in Glascock county. Superior Court, terms of, in Greene county. Superior Court, terms of, in McIntosh county. Superior Court, terms of, in Richmond county. Superior Court, terms of, in Telfair county. Superior Court, terms of, in Union county. SUPERIOR COURT, TERMS OF, IN GLASCOCK COUNTY. No. 106. An Act to change the time of holding the superior court of Glascock county, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the time of holding Glascock superior court shall be changed from the third Mondays in February and August of each year, to the second Mondays in April and October of each year. Glascock. superior court, terms of. SEC. 2. Be it further enacted by the authority aforesaid, 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 summonsed to attend said terms of the court as now provided by law shall be required to attend at the terms of said court as changed by this Act. SEC. 3. 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. Approved December 13, 1902. SUPERIOR COURT, TERMS OF, IN GREENE COUNTY. No. 29. An Act to change and fix the time of holding the superior court of Greene county, in the Ocmulgee Circuit, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the time of holding of the superior court of the county of Greene, in the Ocmulgee Circuit, shall be changed from the second Mondays in March and September to the second Mondays in February and August of each year, and that each regular term of said court shall continue for one week, or so much thereof as may be necessary, for the transaction of the business. Greene superior court, terms of. SEC. 2. Be it further enacted by the authority aforesaid, That all petitions, processes, rules, writs, bonds, subp[oelig]nas, and all other processes and papers of each kind as may have been, or may be, made returnable to the terms of said court as now provided by law, shall be held to relate and be returnable to the corresponding terms of said court as changed and fixed by this Act; and that all jurors and witnesses drawn or summoned to attend any term of said court as now fixed by law, shall be required to attend the corresponding term as fixed and provided by this Act. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 5, 1902.

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SUPERIOR COURT, TERMS OF, IN McINTOSII COUNTY. No. 4. An Act to change the time of holding the fall term of the superior court of McIntosh county in the Atlantic Circuit, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the fall term of McIntosh superior court shall begin on the first Monday in December in each and every year, instead of as now authorized by law, on the fourth Monday in November. McIntosh superior court, fall; term of. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed; and all petitions, bills, bonds, writs, summons, mesne and final process, and other processes of whatever kind now returnable to and pending in said superior court as now provided for, shall hold good and relate to the term of said court as changed, fixed and provided for by this Act. Approved November 21, 1902. SUPERIOR COURT, TERMS OF, IN RICHMOND COUNTY. No. 185. An Act to increase the number of terms of the superior court of Richmond county, Georgia, and for other purposes. SECTION 1. Be it enacted by the General Assembly, That from and after the passage of this Act the number of terms of Richmond superior court is hereby increased from two to four, so that the said terms shall commence, and said court shall be held on the third Mondays of January, April, July and October of each year. Richmond superior court, terms of. SEC. 2. Be it likewise enacted, That all cases brought to the October term, 1902, which are not by law triable at that term, shall stand for trial at the April term, 1903, but by consent of parties, such cases may be tried at the January term, 1903. Except

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as otherwise provided by law all cases shall be triable at the second term, as said terms shall exist under this Act. SEC. 3. Be it likewise enacted, That all laws in conflict with this Act are hereby repealed. Approved December 17, 1902. SUPERIOR COURT, TERMS OF, IN TELFAIR COUNTY. No. 85. An Act to change and fix the time of holding the superior court of Telfair county, in the Oconee Judicial Circuit, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the time of holding the superior court of the county of Telfair, in the Oconee Judicial Circuit, shall be changed from the second and third Mondays in April and October of each year, to the third Mondays in April and October of each year. Telfair superior court, terms of. SEC. 2. Be it further enacted by the authority aforesaid, That all petitions, bills, bonds, writs, summons, mesne and final process, and other processes of whatever kind now returnable to and pending in the superior court as the terms are now provided for, shall hold good and relate to the terms of said court as changed, fixed and provided by this Act, and that all grand and traverse jurors who may be drawn and summoned, or drawn, to attend said court as now provided by law, shall be required to attend at the terms of said court as changed, fixed and provided for by this Act. SEC. 3. Be it further enacted by the authority aforesaid, That all persons subp[oelig]naed as witnesses to appear at the terms as fixed before the passage of this Act, shall be required to attend the terms of said court as now fixed by this Act. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1902.

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SUPERIOR COURT, TERMS OF, IN UNION COUNTY. No. 153. An Act to change the time of holding the superior court of Union county, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the time of holding Union superior court shall be changed from the third Mondays in March and September to the first Mondays in April and October of each year. Union superior court, terms of. SEC. 2. 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. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902.

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TITLE V. MISCELLANEOUS PUBLIC LAWS. ACTS. General Assembly, sessions of. Street Railroads, capital stock and bonds of. Street Railroads, extension of lines. Military Forces, code for. State Geologist and Assistants, salary of. Attorney-General, duty of. Agency for Property of W. A. R. R. abolished. Special Agent of W. A. R. R., office of, abolished. Sheriffs and Bailiffs in cities, compensation of. Cocaine, how sold. Bailiffs, fees in criminal cases. Syrups and Adulterations, how sold. Justice Courts, practice and jurisdiction of, in cities. Inspectors of Roads and Bridges. Certiorari from Police Court, bond of applicant. Deputy Clerks of City Courts, how appointed. Oysters and Fish, protection of. Boundaries of Lands on Tide-waters. Municipal Officers, elections, terms and salaries of. National Park approaches, jurisdiction over ceded. Federal Building at Athens, land for. Federal Building in Savannah, land for. Chickamauga National Park, jurisdiction ceded. GENERAL ASSEMBLY, SESSIONS OF. No. 214. An Act to change the time of the meeting of the General Assembly from the fourth Wednesday in October to the fourth Wednesday in June, 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 time of meeting of the General Assembly of this State be, and

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it is hereby changed from the fourth Wednesday in October to the fourth Wednesday in June. General Assembly, sessions of. SEC. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the General Assembly of Georgia shall meet on the fourth Wednesday in June, 1903, and annually thereafter. 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. Passed by Senate over veto by ayes 38, nays 3, December 11, 1902. Passed by House over veto by ayes 128, nays 35, December 12, 1902. VETO MESSAGE. STATE OF GEORGIA,[UNK] EXECUTIVE OFFICE, ATLANTA To the Senate: I respectfully return to the Senate, without my approval, Senate Bill No. 29, to change the time of the meeting of the General Assembly from the fourth Wednesday in October to the fourth Wednesday in June. Should this bill become a law the next session of the General Assembly would convene on the fourth Wednesday in June, 1903, and the session thereafter on the fourth Wednesday in June, 1904. The first session of the succeeding General Assembly would convene on the fourth Wednesday in June, 1905. The Constitution requires the General Assembly to canvass the returns of the election for Governor and State House officers at the first session after their election. The successors of the present incumbents will be elected on the first Wednesday in October, 1904, but under the change contemplated by the provisions of this bill the returns for this election could not be canvassed and the result declared until the fourth Wednesday in June, 1905, thereby adding eight months to the terms of the present Governor and State House Officers. While it may be that this bill is not contrary to the letter of the Constitution, I can but feel that the extension of the present terms of these officers for a period so long as eight months is violative of its spirit. The change will necessarily disorganize the existing fiscal conditions of the State, as will appear from the correspondence between the Treasurer and myself, a copy of which is hereto attached, and in this connection I beg to call your attention to the provisions of subsection 8 of section 199 of volume 1 of the Code, relating to the duty of the Treasurer, and which is as follows: He shall pay all funds pledged to the payment of the public debt, or interest thereon, or to any object of education, and to these objects only, and in no wise to any other purpose. All payments from the Treasury shall be paid from the fund appropriated for such purpose, and not from any other. This provision of the Code and the facts stated in the Treasurer's letter make manifest grave financial difficulties in the way of such a change. For these reasons I return the bill without my approval. J. M. TERRELL, Governor.

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COPY OF CORRESPONDENCE BETWEEN THE GOVERNOR AND TREASURER ABOVE REFERRED TO. STATE OF GEORGIA, EXECUTIVE OFFICE, [UNK] ATLANTA, December 10, 1902. Hon. Robert E. Park, State Treasurer, Atlanta, Ga. DEAR SIR:I have before me for consideration Senate Bill No. 29, which proposes to change the time of the meeting of the General Assembly from the fourth Wednesday in October to the fourth Wednesday in June of each year. If this bill becomes a law the next session of the General Assembly will convene on the fourth Wednesday in June, 1903, and in view of the fact that in levying the taxes for 1902 the expenses of only one session of the General Assembly were contemplated, I desire to ascertain from you whether the condition of the Treasury during the months of June, July and August of next year will authorize the payment of the expenses of a session of the General Assembly held at that time. Very truly yours, J. M. TERRELL, Governor. STATE OF GEORGIA, TREASURY DEPARTMENT, [UNK] ATLANTA, December 10, 1902. Hon. J. M. Terrell, Governor, Atlanta, Ga. DEAR SIR:Yours of this date, stating that you desire to ascertain from me whether the condition of the Treasury during the months of June, July and August of next year would authorize the payment of the expenses of a session of the General Assembly held at that time, is just to hand, and I hasten to say in reply that while the probabilities are that we will have the funds to meet the expenses, that they have been already appropriated for other purposes, and if used it must be at the expense of these appropriations. Yours very truly, R. E. PARK, Treasurer of Georgia. STREET RAILROADS, CAPITAL STOCK AND BONDS OF. No. 134. An Act to authorize corporations owning and operating street or suburban railroads in this State to increase their capital stock, and to issue preferred stock to take up and replace bonds now outstanding, and providing the mode and manner of doing the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of this State, That from and after the passage of this Act any corporation owning or operating a street or suburban railroad in this State shall have the right to increase its capital stock from time to time; provided, that in no case shall an increase be made, except by a vote of two thirds of the capital stock, at the time outstanding, represented, either in person or by proxy, at an annual or special meeting

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of stockholders, called for the purpose, and after each stockholder has been notified in the manner, if any, prescribed for giving notice of stockholders' meetings in the by-laws of the corporation, and in addition to such notice there shall be published in some newspaper in the town or city where the principal office of said corporation is located, once a week for four weeks prior to the time of holding said meeting, a notice stating that at said meeting an increase of the stock of the company will be considered. Street railroads, capital stock, how increased. SEC. 2. Be it further enacted by the authority aforesaid, That any such corporation owning or operating a street or suburban railroad in this State, which now has an issue of bonds outstanding, may issue preferred stock, having such terms of preference as the vote authorizing the issue shall provide, with which to retire, take up and replace said bonds, in whole or in part, with the consent of the bondholders; provided, that said preferred stock shall not be issued for a greater amount than the par value of the bonds that shall be retired by such stock or the proceeds thereof; and provided further, that notice shall be given in the same manner as is prescribed in section one of this Act, and said issue shall be authorized by a vote of at least two thirds of the capital stock of said company, at the time issued and outstanding; and provided further, that such preferred stock shall not be issued for any other purpose than to take up, retire and replace said bonds now outstanding. Preferred stock to retire bonds. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902. STREET RAILROADS, EXTENSION OF LINES. No. 130. An Act to authorize any corporation owning and operating a street or suburban railroad, situated wholly or partly in a county contiguous to any other State, to extend its railroad and appurtenances into said State, and to maintain and operate 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 any corporation owning

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and operating a street or suburban railroad situated wholly or partly in a county contiguous to any State line, may extend its railroad and appurtenances into said adjoining State, and may maintain and operate said railroad and its cars therein, and may exercise all of its rights, franchises and privileges in said State, under and subject to the laws of said State, where it may exercise or may attempt to exercise the same, and may accept from any other State and use any additional powers and privileges applicable to the exercise of its franchises and the carrying of passengers, and doing such other acts as are incident to a street or suburban railway. Street railroads operating in other States. SEC. 2. Be it further enacted by the authority aforesaid, That said corporation shall not be required to pay to this State or any county or municipality therein, any taxes with respect to so much of the property or capital stock of said company as shall be situated or employed in said foreign State. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1902. MILITARY FORCES, CODE FOR. No. 122. An Act to reorganize the military forces of this State; to adopt and make of force a military code, and to provide penalites for the violation thereof; to repeal all laws referring to the military forces not herein reenacted, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That all male citizens of this State between the ages of eighteen and forty-five years, not expressly exempt by law, and transient persons having a place of business and doing business in this State, but having no residence or home therein, shall be subject to military duty and be designated as the militia. Militia, of whom composed. SEC. 2. Be it further enacted by the authority aforesaid, The active militia shall be the troops organized as hereinafter prescribed, to consist of land and naval forces and to be designated as the Military Forces, of which the white commands shall be known as the Georgia State Troops, and the colored as the Georgia State Troops, Colored. Military forces. SEC. 3. Be it further enacted, The unorganized militia shall

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be known and designated as the Reserve Militia, and when called into active service, shall be organized and governed as the Active Militia. Reserve militia. SEC. 4. Be it further enacted, The following exemptions from military duty shall be recognized, to wit: (1) The chief officers of the several executive departments of the State; (2) judges of the Supreme, superior, city and county courts, justices of the peace, sheriffs and deputies and jailors, clerks of courts, and ordinaries; (3) members of the General Assembly during the term for which they shall be elected, officers of the General Assembly during the session and for seven days before and after same; (4) persons employed on railroad trains and repairers of railroads: (5) operators and messengers of telegraph companies; (6) postmasters and persons employed in the post-offices and the transportation of the mails; (7) ferrymen, bridge-keepers, toll-gate keepers and public millers; (8) ministers and preachers of the gospel, licensed physicians and druggists in active practice, professors and tutors in all colleges and schools; (9) aliens; (10) all persons exempted by the Act of Congress; (11) regular members of any fire or police department; (12) every person employed by the year or season on board any vessel, or in the merchant service or coasting trade, and all pilots and stevedores. Exemptions. SEC. 5. Be it further enacted, The Governor is the commander-in-chief of the army and navy of this State, and of the militia thereof. Commander-in-chief. SEC. 6. Be it further enacted, The military staff of the commander-in-chief shall consist of the following officers, to be appointed by him, who shall be commissioned as officers of the Georgia State Troops, holding office at the pleasure of the commander-in-chief, or until their successors are appointed and qualified, to wit: (1) An adjutant-general with the rank of brigadier-general, who shall receive a salary of two thousand dollars per annum to be paid out of the Military Fund, and no person shall be appointed to this office who has not been actively in the military service of the State of Georgia at least five years prior to his appointment; (2) a judge-advocate general; (3) a quartermaster-general; (4) a commissary-general of subsistence; (5) a surgeon-general; (6) an inspector-general of rifle practice; (7) an inspector-general, whenever in the discretion of the commander-in-chief the exigencies of the service require, each with the rank of colonel; (8) not less than four aides-de-camp, with the rank of lieutenant-colonel, and in his discretion, as many more as he may deem proper, not to exceed twenty-eight, and as a prerequisite to appointment to his position such aides-de-camp shall have held a commission in either the Confederate

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States army or navy, in the Georgia State Troops, or in the United States Army or navy; (9) and the commander-in-chief may appoint his private secretary as his military secretary and commission him with the rank of major; provided the commissions of the aides-de-camp and the military secretary shall not continue of force beyond the expiration of the term of the commander-in-chief by whom they are appointed. Staff. SEC. 7. Be it further enacted, In addition hereto the adjutant-general, the judge-advocate general, the quartermaster-general, the commissary-general of subsistence, the surgeon-general, the inspector-general of rifle practice, and the inspector-general shall, each, have two assistants, one with the rank of lieutenant-colonel and one with the rank of major, and there shall also be a medical inspector with the rank of major. These assistants shall be appointed by the commander-in-chief upon the recommendation of the above mentioned respective heads of the department, and shall be attached to the staff of the commander-in-chief. Assistants in departments attached to staff. SEC. 8. Be it further enacted, The adjutant-general shall be chief of staff to the commander-in-chief, and all communications between the commander-in-chief and officers of the military forces of the State shall be made through and to him; he shall keep and preserve the arms, accoutrements, and other military stores of the State; keep on file in his office all reports made to him; make an annual report to the commander-in-chief of the condition of the military forces, with an itemized account of all moneys and supplies received from all sources, and of the disbursement and issue of such to each company, troop, battery or division of naval militia. He shall also embody therein the annual reports of all officers made to him, and all general orders and circulars issued from his office, which report shall be published in pamphlet form for general distribution, and the commander-in-chief shall lay before the General Assembly such portions of this report as he deems proper. He shall obey all orders relative to carrying into execution and perfecting the military establishment under the laws of the State and of the United States; furnish blank forms of the different returns and rolls as may be required, and to every officer or soldier leaving the service he shall furnish a discharge certificate properly filled out, stating therein the reasons for said discharge. He shall give his whole time and attention to said office and shall perform such other duties as may be required of him by the commander-in-chief. The adjutant-general shall, in the discretion of the commander-in-chief, give bond to the State for such an amount as may be fixed by regulations, with two personal or one corporate surety, to be approved by the commander-in-chief, conditioned faithfully to discharge

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the duties of his office, to use all necessary diligence and care in the safe-keeping of the military stores and property of the State and United States committed to his custody, and to account for and safely deliver to his successor, or to any person authorized to receive same. The duties of the chiefs of the staff departments, their assistants, the aides-de-camp, and the military secretary, shall be correlative with those discharged by like officers of the United States army, as far as may be applicable, and they shall perform such other duties pertaining to their respective offices as may be required of them by the commander-in-chief. Adjutant-General chief of staff. Duties of Chiefs of staff departments, duties of. SEC. 9. Be it further enacted, In time of peace the aforesaid land forces shall consist of not exceeding sixty companies of infantry, white; seven companies of infantry, colored; twelve troops of calvery, white; one battalion of heavy artillery, white, to consist of not more than four or less than three companies, which shall be armed and equipped as infantry, and shall be instructed and trained as heavy artillery; two batteries of light artillery, white; one battery of light artillery, colored; a band of music to each regiment of infantry and cavalry, and unassigned battalion; the commander-in-chief's staff; and the retired officers. Said military forces, fully armed and equipped, shall be allotted and apportioned to such localities of the State as the interests of the service, in the discretion of the commander-in-chief, may require. Forces in time of peace, how constituted. SEC. 10. Be it further enacted, The commander-in-chief shall have power in case of war, invasion or riot, or immediate danger thereof, to increase said forces, and to organize the same as the exigencies of the occasion may demand; and he may order the whole or any part of said military forces into the active service of the State as, in his discretion, the occasion may require. In the event of a call being made by the President of the United States upon the State to furnish troops for the service of the United States the Georgia State Troops, at that time organized, shall be preferred and used in all cases, in complying with such call. Nothing in this section is intended to exclude officers on the retired roll. Forces, when and how increased. SEC. 11. Be it further enacted, The aforesaid land forces, as they now exist, or may hereafter be organized, shall be organized and arranged by the commander-in-chief into such regiments, unassigned battalions, separate departments and corps, with power to make such alterations in the organization and arrangement thereof from time to time as he may deem necessary; provided, that unassigned battalions shall be assigned to regiments whenever it is practicable, in the judgment of the commander-in-chief to do so: and provided further, that in time of peace, the number of regiments

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of infantry shall not exceed five, and the number of regiments of cavalry shall not exceed one; provided further, that in such organization and arrangement, the companies composing any regiment shall, so far as practicable, be selected from the same geographical section of the State, to the end that the territory in which each regiment is located shall be distinct and separate; provided further, that for the purpose of this Act, as hereinbefore set forth, the commander-in-chief shall be authorized to organize new companies to fill vacancies, to transfer, if necessary, companies to and from battalions and regiments as they are now organized. Organization. SEC. 12. Be it further enacted, Each regiment shall consist of not more than twelve, nor less than eight companies, and shall be formed into not more than three battalions of not less than three or more than five companies each, and shall have a colonel, a lieutenant-colonel, one major for each battalion, one surgeon with the rank of major, one adjutant, one quartermaster, one commissary, one inspector of rifle practice, one chaplain, each with the rank of captain, and one assistant surgeon for each battalion to rank as first lieutenant, one battalion adjutant for each battalion with the rank of first lieutenant, and a non-commissioned staff, consisting of a regimental sergeant-major, a sergeant-major for each battalion, one quartermaster-sergeant, one commissary sergeant, two colorsergeants, four hospital stewards who shall be licensed druggists, and a chief trumpeter. Each regiment and unassigned battalion may have a hospital corps, consisting of not more than twenty-five privates enlisted in said corps, under the direction of the commanding officer and the surgeon. A commander of a regiment or unassigned battalion may enlist a regimental band and drum corps, to consist of one chief musician, one drum-major, with the rank of first sergeant, two corporals, and not less than twelve nor more than fifty privates; provided, however, that upon any parade or drill, all the members of any band employed by any of the land or naval forces for the purpose of furnishing music, and then present for that purpose, shall be subject to orders, discipline and regulations, and be considered as regularly enlisted during the time of such parade and drill, and for the violation of such orders, discipline and regulations, they shall be liable to all the penalties prescribed by this Act for enlisted men, to be inflicted after trial by a court-martial in the manner provided by this Act. The staff of an unassigned battalion shall be a chaplain, an adjutant, a quartermaster, a commissary, an inspector of rifle practice and an assistant surgeon, each with the rank of first lieutenant; and a non-commissioned staff consisting of a sergeant-major, a commissary-sergeant,

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a quartermaster-sergeant, two color-sergeants, a hospital steward who shall be a licensed druggist, and a chief trumpeter; provided, that companies of infantry, colored, shall be organized into one battalion, whose permanent commanding officer shall have the rank of lieutenant-colonel. Regiments and battalions, officers of. SEC. 13. Be it further enacted, To every company of infantry, cavalry and heavy artillery there shall be one captain, one first lieutenant, one second lieutenant, one first sergeant, one quartermaster-sergeant, four sergeants, not less than four or more than eight corporals, one artificer, two musicians, and not less than twenty-five nor more than one hundred privates, including the artificer and musician. To every battery of light artillery there shall be one captain, two first lieutenants, an assistant surgeon with rank of first lieutenant, one second lieutenant, one first sergeant, one quartermaster-sergeant, four sergeants, not less than four nor more than eight corporals, one hospital steward who shall be a licensed druggist, and not less than twenty-five nor more than one hundred privates. Companies, officers of. SEC. 14. Be it further enacted, Whenever a regiment or unassigned battalion shall have an armorer or custodian of their building, said regimental or unassigned battalion commander may enlist such armorer or custodian as post quartermaster-sergeant. Armorer. SEC. 15. Be it further enacted, In time of peace the naval forces shall consist of the following divisions of naval militia, organized by voluntary enlistment, for the defense of coasts and harbors, which shall constitute a battalion to be known as the Naval Battalion of the Georgia State Troops, to wit: Three divisions of naval artillery and one naval torpedo division. Naval battalion. SEC. 16. Be it further enacted, The naval battalion shall have one commander, one liuetenant-commander to act as executive officer, and one lieutenant to act as navigator. The commanding officer of said battalion shall have power to appoint a staff to be commissioned by the commander-in-chief, to consist of one aide, one ordance officer, one paymaster, one surgeon, each with the rank of lieutenant, junior grade. There may also be attached to the staff of the commanding officer the following warrant and petty officers: one master-at-arms, one electrician, one chief gunner's mate, one chief quartermaster, four quartermasters and eight signal men, two yoeman, one hospital steward, who must be a licensed druggist, and one chief boatswain's mate. Also, when there is a ship on station, there shall be an engineer's division, to consist of one chief engineer with the rank of lieutenant, and two assistant engineers with the rank of ensigns, to be appointed by the commanding

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officer of the battalion, four oilers and four water-tenders without rank, to be appointed by the commander of the battalion. Officers of naval battalion. SEC. 17. Be it further enacted, Each division of naval artillery, and the naval torpedo division, shall be commanded by a lieutenant, and in addition, shall contain one lieutenant, junior grade, two ensigns and not less than thirty-two nor more than sixty-four warrant and petty officers and seamen as enlisted men. The naval torpedo division shall not consist of more than three crews, each of which will contain at least six petty officers and seamen. The first crew shall be commanded by a lieutenant, junior grade, and the second and third crews by the two ensigns. Each torpedo crew shall contain at least two men with a practical knowledge of electricity, and two others with a practical knowledge of steam engineering. Naval artillery and torpedo division. SEC. 18. Be it further enacted, The officers and enlisted men of the aforesaid naval battalion, or any part thereof, shall perform such duty or service as may be ordered by the commander-in-chief, and shall be paid the same compensation as provided in section 37, when they have not received any compensation from the United States. Duties and compensation of naval officers and men. SEC. 19. Be it further enacted, The naval battalion shall be considered to correspond to a battalion in the Georgia State Troops, and shall be entitled to the same privileges and allowances of such battalion. Each division of said naval battalion shall be considered to correspond to a company of the Georgia State Troops, and shall be entitled to the same privileges and allowances. The members of the naval battalion, and each division thereof, may form themselves into an organization and adopt by-laws in the same manner, with the same powers, and subject to the same limitations as are now prescribed for members of companies in the Georgia State Troops. Privileges and allowances of members of naval battalion. SEC. 20. Be it further enacted, For the purposes of this Act the word company or companies, shall apply to and include companies of infantry and heavy artillery, troops of cavalry, batteries of light artillery and naval divisions; except where otherwise specified, and the term unassigned battalion shall apply to the naval battalion and to battalions not attached to regiments, and the term unassigned company to companies not attached to regiments or battalions. The word officer shall apply to a commissioned officer, and the word soldier shall include non-commissioned officers and privates of the naval battalion as well as of the land forces. Definitions.

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SEC. 21. Be it further enacted, On the first of February, after the passage of this Act, all commissioned officers of the military forces not herein provided for shall be honorably mustered out of the service of the State, provided that the present adjutant-general, and the aides-de-camp and military secretary appointed since October 25, 1902, may serve out the term of their present commissions. Mustered out of service. SEC. 22. Be it further enacted, Any male capable of doing military duty, who is not under the age of sixteen years, and is of good moral character and can read and write, may be enrolled as a member of the aforesaid miltary forces. Enrollment. SEC. 23. Be it further enacted, On and after the first of January, after the passage of this Act, the term of enlistment shall be for one year. Soldiers or officers discharged for the good of the service, or dishonorably discharged or expelled from the military forces of this State or from the volunteers or National Guard of any other State, or from the army or navy of the United States, shall not be enlisted, and shall not be appointed to nor allowed to hold any position, State, county or municipal, either of honor or emolument, unless such discharge or expulsion shall have been revoked, or the disability removed by the commander in chief. Term of enlistment. SEC. 24. Be it further enacted, Any person detached to serve with any portion of the milita called into the service of the United States may offer a substitute, and if such substitute is acceptable and shall consent in writing to subject himself to all the duties, fines, forfeitures, and punishments to which his principal would be subject were he personally to serve, he shall be accepted by the commanding officer of the detachment, and ordered to be enrolled in the place of his principal. Substitutes. SEC. 25. Be it further enacted, All commissioned officers of the said military forces who have been, at the date of resignation or retirement, in commission for a period of ten years, or who have served in the ranks and in commission for the period of fifteen years, may, upon application, and the approval of the commander-in-chief, be honorably retired from active service with the highest rank they may have held in the service of this State, and their name inscribed upon the roll to be established and maintained in the office of the adjutant-general, to be known as the Roll of Retired Officers, and such retired officers shall have all the rights, privileges, immunities and exemption, now or hereafter enjoyed by the military forces of this State, and shall be entitled to wear, upon all proper occasions, the uniform of their rank; provided, that the time of service in the Confederate States army or navy, or in

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the United States army or navy, as a volunteer of this State, subsequent to 1870, shall be counted double, if necessary, to make the ten or fifteen years' service required; and the service herein required need not be continuous, but must have been honest and faithful; provided further, that nothing in this section shall be construed as disturbing officers now on the retired Roll. And such retired officers shall be available for active duty on all boards, courts-martial, and to superintend military elections, and they shall perform such other duties, except to command troops, as may be from time to time assigned them by the commander-in-chief. Retired officers. SEC. 26. Be it further enacted, Whenever in the opinion of the commander-in-chief the interests of the service require, he is hereby authorized to appoint a board of three officers, to be known as a Retiring Board, to pass upon the fitness of any officer for continuance in commission. Should this board, after giving such officer an opportunity to be heard, find that he, for any cause whatever, should not be continued in commission, such officer may, with the approval of the commander-in-chief, be wholly retired from the service of the State, and his commission cancelled; or should he be entitled to be placed upon the Roll of Retired Officers, and the Retiring Board so recommend, he shall, with the approval of the commander-in-chief, be placed upon said Roll of Retired Officers and his office declared vacant. Retiring Board. SEC. 27. Be it further enacted, Any person not duly authorized, who wears the uniform or insignia of rank of any officer or enlisted man in the military forces of this State, or any uniform which is similar in appearance, style or make-up to the uniform of this State, shall be guilty of a misdemeanor, and on conviction shall be punished as such; provided, this section shall not apply to those authorized by law to wear the uniform of the United States and the uniform of troops of other States, nor those wearing any uniform at theatrical or like performances. Uniform, unauthorized use. SEC. 28. Be it further enacted, Any officer of the military forces of this State is authorized to administer oaths in matters pertaining to the military service, and to witness military papers over his official signature, for which no charge shall be made. Officers may administer, oaths. SEC. 29. Be it further enacted, The commander-in-chief or the commanding officer of any regiment, battalion or company may enforce the attendance at any drill, encampment or other duty, of any officer or enlisted man of his command, and to use such force, as may be necessary. Attendance at drills, etc. SEC. 30. Be it further enacted, Any regiment, battalion or company may provide a roll to be known as the Veteran Roll, and

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any enlisted of the command who shall have served honorably for ten years in the service of this State shall be entitled to be honorably retired from active service, and to have his name placed upon said roll with the highest enlisted rank he may have held in the service of this State, and shall be entitled to wear upon all proper occasions the uniform of his rank, and to parade with such organization upon any occasion of ceremony. Such service need not be continuous, but shall have been honest and faithful. Each company, troop, battery, or naval division may also provide a roll to be known as the Reserve Enlisted Roll, and any enlisted man of such organization who shall have served honorably for seven years in the State's service shall be entitled to have his name placed upon said roll, upon certificate being made by his commanding officer as to eligibility, and he shall not be required to attend more than four drills, parades or assemblies in one year, one of which shall be the annual inspection, but shall be subject to active duty whenever the occasion requires; and shall have all the rights and privileges of a regular enlisted man. The men upon the Reserve Enlisted Roll shall not be either for or against any company in computing the per cent. of attendance at drills, assemblies or parades, except the annual inspection and muster. Veteran Roll. Reserve Enlisted Roll. SEC. 31. Be it further enacted, The sale or giving away of any spirituous, vinous, [Illegible Text] or intoxicating liquors within any camp of the Georgia military forces or within half a mile thereof is hereby prohibited; provided, however, that the half mile clause shall not apply to any place of business in any incorporated town or city. Any person violating the provisions of this section shall be guilty of a misdemeanor, and on conviction shall be punished thereof. Liquor, sale of. SEC. 32. Be it further enacted, Any officer or enlisted man injured in the active service of the State shall be entitled to a pension in such an amount as the General Assembly may provide. Pensions. SEC. 33. Be it further enacted, Every officer and enlisted man of the aforesaid military forces shall be exempt from road duty and street tax during the time of his service. Each company of the State military forces shall have the privilege of bearing upon its roll a class of membership, not to exceed thirty in number, to be known and designated as Special Pay Members, who, upon paying a sum of money, as prescribed by said company, not less than twenty five dollars per annum, to said company, shall be exempt from jury duty, road duty and street tax, so long as such membership is continued. Certificates of membership shall be prepared and signed by the company commander and delivered

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to each of the special pay members of the company, and when produced in any court of this State shall be evidence of the right of the holder thereof to the exemptions herein granted. Exempt from road duty. Special pay members. SEC. 34. Be it further enacted, Whenever different organizations of the military forces are joined or do duty together the officer of the line of the Georgia State Troops highest in rank, present and on duty, with or without any portion of his own organization, shall command the whole. Officer highest in rank command SEC. 35. Be it further enacted, Except as herein otherwise provided, the commissions of all officers then in commission shall expire on the first of February after the passage of this Act, and commissions of all officers thereafter elected or appointed shall continue during good behavior. The commissions of staff-officers of regiments, battalions, unassigned battalions, and light batteries, medical officers and pharmacists included, shall be vacated upon the commission and qualification of a new commanding officer, unless it is the express wish of the commanding officer that they continue in force; but said staff-officers shall perform the duties of their offices until their successors are commissioned and qualified. Commissions, terms of. SEC. 36. Be it further enacted, The term of office shall begin on the date of election or appointment to the office, and the date from which an officer takes rank shall be the date of such election or appointment unless at the time of election or appointment the officer be in active commission in the same grade or rank, in which case the officer shall be entitled to rank from the date of original rank in such gradechaplains, medical officers, and paymasters of land forces excepted. Term of office and rank. SEC. 37. Be it further enacted, Whenever any part of the military forces of this State is called into active service of the State for the purpose of quelling insurrections, suppressing mobs, or riot, or otherwise aiding the civil authorities in enforcing the law, their compensation, in addition to all transportation, quarters, and rations, shall be as follows: All colonels, lieutenant-colonels, and majors, of whatever arm of the service, four dollars per day; all captains, of whatever arm of the service, three dollars per day; all lieutenants, of whatever arm of the service, two dollars per day; all first sergeants, of whatever arm of the service, and all non-commissioned staff-officers, one dollar and fifty cents per day; all other non-commissioned officers, of whatever arm of the service, one dollar and twenty-five cents per day; and all private soldiers, of whatever arm of the service, one dollar per day. Officers and men of the naval forces shall receive such pay, rations and allowances as may be allowed officers and men of the same relative rank

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in the land forces. After fifteen continuous days' actual service when called out by the State, the pay and allowances of rank and file shall be the same as provided for like grades in the United States Army. In computing the length of the term of service, twenty-four hours shall be considered a day, and all fractional parts of twenty-four hours shall be considered as an entire day. The compensation herein provided for, as well as the cost of transportation and subsistence, shall be paid out of the Military Fund, unless otherwise specifically provided for. Service and compensation. SEC. 38. Be it further enacted, There shall be a dress and a service uniform prescribed from time to time by the commander-in-chief and furnished to the enlisted men of such commands as may make proper requisition therefor. Any command having and using a uniform heretofore adopted by it may retain and use such uniform at all times and for all purposes until such command shall make a material change in the uniform in use by it, when such change shall be to the regulation uniform; changes in the cut of the coat or blouse, or in the shape of the cap or other head-gear, or in the trimmings of either, shall not be deemed material changes. Any company, battalion or regiment may adopt and wear a full-dress uniform when the whole command to which they are attached are similarly equipped. Uniforms. SEC. 39. Be it further enacted, No part of the uniform or equipment of any officer or soldier of the said military forces shall be subject to levy and sale for debt, except for fines and other dues to his company, battalion or regiment, according to its rules, or such as may be imposed upon him by the sentence of a courtmartial. Uniforms and equipments exempt from levy and sale. SEC. 40. Be it further enacted, The members of said military forces shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance on any military duty, and in going to and returning from same. Arrests. SEC. 41. Be it further enacted, The flag of the State of Georgia shall be a vertical band of blue next to the staff, and occupying one third the entire flag; the remainder of the space shall be divided into three horizontal bands, the upper and lower of which bands shall be scarlet in color and the middle band white. On the blue field shall be stamped, painted or embroidered the coat of arms of the State; and every regiment and unassigned battalion shall, when on parade, carry this flag. Flag. SEC. 42. Be it further enacted, Nothing in this Act shall defeat or impair the existing rights and privileges of any incorporated

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regiment, battalion or company, under their respective charters and amendments thereto, and exemptions allowed by special Acts of the General Assembly. Incorporated organizations SEC. 43. Be it further enacted, Regiments, battalions and companies already organized may retain any special name or designation they may have adopted, or may have by charter, if incorporated, and any regiment, battalion or company hereafter organized may adopt and retain any special name or designation it may select, which name may be changed at any time by a majority vote of the organization, but regiments and unassigned battalions must be numbered in their respective arms, and every company attached to a regiment or unassigned battalion must be designated in such regiment or unassigned battalion by a letter of the alphabet. Names of organizations. SEC. 44. Be it further enacted, Company officers shall be elected by the officers and enlisted men of the company; field-officers shall be elected by the field and company officers of the regiment or unassigned battalion. Elections for a commander of a regiment or commander of an unassigned battalion shall be ordered by the commander-in-chief; elections for a junior officer shall be ordered by the commander of the regiment or unassigned battalion; elections for officers of unassigned companies shall be ordered by the commander-in-chief. All elections shall be conducted and returns thereof made, and all contests decided, in such manner as may be prescribed by regulations. A plurality of the votes cast shall be necessary for an election to any office in the military forces. The decision of the commander-in-chief as to the result of any election shall be final. Elections. SEC. 45. Be it further enacted, The commander-in-chief may discharge any officer of the aforesaid military forces for any one of the following reasons, to wit: Upon tender of resignation, or when it appears to the commander-in-chief that an officer is unable or unfit to discharge the duties of his office, or to exercise proper authority over his inferior officers or soldiers, or that he has been convicted of an infamous crime, or when he has removed his residence from the home station of his command to so great a distance that it is inconvenient to perform the duties of his office, or when he has been absent from his command for a longer period than thirty days without leave of the commander-in-chief, or upon the disbandment of the organization to which he belongs, or upon the recommendation of a retiring board, or in pursuance of sentence of a court martial. Discharge of officers. SEC. 46. Be it further enacted, Commissioned staff-officers of regiments, unassigned battalions and batteries of light artillery,

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shall be appointed and commissioned by the commander-in-chief upon recommendation of respective commanders. Commissioned staff-officers of battalions of a regiment shall be appointed and commissioned by the commander-in-chief upon the recommendation of respective battalion commanders approved by the regimental commander; and all such staff-officers shall be subject to examination as to their fitness for commission. Staff-officers, how appointed. SEC. 47. Be it further enacted, Every person elected or appointed to any commissioned office in the military forces of this State shall appear before an examining board, consisting of two or more competent officers, who shall examine said person as to his physical, military and other qualifications; provided, that where such officer has, within one year, been commissioned in the same or higher grade, the commander-in-chief, in his discretion, may excuse him from examination; and officers reelected or reappointed as their own immediate successors shall not be required to stand examination. The commander-in-chief may, in his discretion, waive the examination of field-officers, where said officers are promoted to higher rank in the line; and he may also waive the examination of any person appointed an aide-de-camp, military secretary or chaplain. Examinations. SEC. 48. Be it further enacted, Every person commissioned as an officer in the military forces of this State, before he shall assume such rank and enter upon the duties of the office to which he may be commissioned, shall accept such commission, and shall take and subscribe before some person authorized, such oath and declaration as may be prescribed by the commander-in-chief. Any officer or enlisted man, active or retired, who accepts a commission, or any officer, active or retired, who enlists, shall thereby vacate his former commission or enlistment, as the case may be. Officers, acceptance of commission and oath. SEC. 49. Be it further enacted, No enlisted man of the military forces of this State shall be discharged before the expiration of his term of enlistment, except by the order of the commander-in-chief, or for any of the following reasons, to wit: To accept promotion by commission; upon removal of residence from the State, or out of the bounds of the command to which he belongs, to so great a distance that, in the opinion of his commanding officer, he can not properly perform his military duty; upon disability, established by the certificate of a medical officer, or where no medical officer is available, upon the certificate of a competent physician; upon conviction in a civil court of a crime involving moral turpitude; upon his own application, approved by the commanding officer of the organization to which he belongs, and by

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superior commanders; to carry out the sentence of a court-martial; or whenever, in the opinion of the commander-in-chief, the interests of the service demands such discharge. Discharge of enlisted men. SEC. 50. Be it further enacted, No part of the military forces shall leave the State as an organization, with or without arms, without consent of the commander-in-chief, and any organization so offending shall be disbanded. Leaving State prohibited. SEC. 51. Be it further enacted, All arms, accoutrements, and other military property for regimental and unassigned battalion, field and staff-officers shall be issued to the quartermaster of such units, and all arms, accoutrements, and other military property for the company shall be issued to the commander of the company, and shall be receipted for by such officers; but no such issue shall be made until after there shall have been executed and delivered to the commander-in-chief a personal bond with two sureties, or a bond of surety company, to be approved by the adjutant-general, by the officer who is responsible for such public property, in such sums as may be prescribed by regulations, payable to the commander-in-chief and his successors in office, when required, for the safe-keeping, proper use, and prompt surrender of such property, with which he may be properly chargeable. In the event of the death, resignation, promotion, or dismissal such officer, the next in command, or his successor, shall, within sixty days, furnish a good and sufficient bond, and shall report to the commander-in-chief the arms, accoutrements, and other military property remaining of those originally issued to the command, and have delivered to the commander-in-chief his bond and receipt for same, as above described. In the event of failure to comply with the above conditions the commission of such officer shall be declared vacated. The person giving bond for arms, accoutrements, and other military property, his executors, administrators and sureties, shall be liable for suit in the proper court for damages resulting from the breach thereof, and it shall be the duty of the adjutant-general to force a settlement of same. Any officer, non-commissioned or soldier, to whom his commanding officer may find it necessary or convenient to entrust arms, accoutrements, and other military property issued by the State, shall be liable to such commanding officer for any loss of or injury to same, in any court having jurisdiction of the person of the defendant and of the amount of the demand. Such person shall be subject to attachment and garnishment under the rules of the law governing said remedies. And if any officer, non-commissioned, or soldier shall sell or otherwise dispose of any arms, accoutrements or military property belonging

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to the State or the United States, in his possession, custody or control, such officer, non-commissioned officer, or soldier shall be guilty of a misdemeanor, and upon conviction by a court-martial shall be punished as for same, and shall be dismissed from the military forces. Arms, etc., how issued. SEC. 52. Be it further enacted, It shall be the duty of the commander-in-chief to require the adjutant-general or the inspector-general to inspect, or cause to be inspected, at least once in every year, the military property and records of each regiment, battalion and company, and to muster and inspect the officers and men of each company, and of larger units when practicable; and to inspect each military school or college in this State, and the arms, accoutrements, and other military of such schools or colleges; and to make a written report of such inspection, showing the condition of such organizations, their arms, accoutrements, and other military property, and the nature and extent of the repairs needed, if any; and such repairs may be ordered made by the commander-in-chief by the supply of the missing parts from the quota received from the United States, or by the employment of skilled artisans, under the direction of the commander of the organization or the president of the school or college, who shall be paid out of the Military Fund by the commander-in-chief upon itemized accounts approved by said commanding officer or president. The commander-in-chief shall fix a day for such annual muster and inspection for each company of the military forces, attendance thereat to be compulsory. The men ordered out for such inspection and muster must lay all other business aside and be and appear at the place and time designated, and on failure to do so without good and valid excuse, to be determined by the company officers, shall pay a fine of two dollars and fifty cents, which shall revert to the company treasury. Inspections. SEC. 53. Be it further enacted, The officer commanding any detachment, company, battalion, regiment or assembly, at any parade, or during the performance of any duty, shall have the authority to arrest and place under confinement during the continuance of such duty any person who shall in any way wilfully disturb the peaceable and orderly proceedings of such detachment, company, battalion, regiment or assembly; and such person shall, moreover, be guilty of a misdemeanor, and on conviction punished therefor. Order at parades. SEC. 54. Be it further enacted, If a bystander, or a person not connected with the military forces, shall molest, interrupt or insult, by jeer or otherwise, any officer or soldier while on duty at

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any encampment, drill, parade, or other assembly, such person shall be guilty of a misdemeanor, and the commanding officer where such offense shall be committed shall have power to arrest and confine such person until the close of such encampment, drill, parade, or other assembly, and it shall be his duty, after the conclusion of said military exercises, to deliver such offender to the proper civil authorities, accompanied by charges in writing. And if any person connected with the military forces of this State shall so offend, he shall be guilty of a misdemeanor, and may be brought to trial either before a civil court or a court-martial, in the discretion of the commanding officer. Bystanders creating any disorder liable to arrest. SEC. 55. Be it further enacted, Whenever any judge of the superior court, or of a city court, county court, county sheriff, mayor of any incorporated city, town or village in this State, whose authority shall rank in the order named, shall have reasonable cause to apprehend the outbreak of any riot, rout, tumult, insurrection, mob, unlawful assembly, or combination to oppose the enforcement of the law by intimidation, force or violence, within the jurisdiction of which such officer is by law a conservator of the peace, which can not be speedily suppressed or effectually prevented by the ordinary posse comitatus and peace officers, it shall forthwith become the duty of the judge, sheriff or mayor to report the facts and circumstances to the commander-in-chief, and to request him to order out such portion of the military forces of the State as may be necessary to preserve the peace; and it thereupon shall be the duty of the commander-in-chief, if he deems such apprehension well founded, to order out, or direct to be held in readiness, such portion of the military forces of the State as he may deem advisable for the enforcement of the law; and he may require the officer in command of the troops to report to such civil officer as he may direct, and to obey the order of such civil officer; or if the commander-in-chief deems it advisable, he may specially instruct the officer in command of such troops as to the duties required of them, and to direct their execution under the immediate control of the commander-in-chief. For preservation of peace and order. SEC. 56. Be it further enacted, Whenever any riot, outbreak, tumult, mob, rout, or unlawful assembly shall occur, or be imminent, under such circumstances that timely application can not be made to the commander-in-chief and action thereon had by him, any judge aforesaid, or sheriff of any county, or mayor of any city, town or village, in which any of the said military forces are located, if he ascertains, or has good reasons to believe that the ordinary posse comitatus or civil power of the county, town or village

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where such violation of the laws and the peace of the State occurs or appears imminent, are, or would be, unable to promptly suppress or prevent the same, may, without first making application to the commander-in-chief, direct the commander of any part of the military forces in the county, city, town or village where such lawlessness exists or is threatened, to report with his command to such civil officer, to enforce the laws and preserve the peace, and it shall be the duty of such commander and all persons composing such command, to obey such order, which, however, must be in writing as required in section 66 of this Act, and as specified by said section. For suppression of riot, etc. SEC. 57. Be it further enacted, Before using any military force in the dispersion of any riot, rout, tumult, mob, or other lawless or unlawful assembly or combination, it shall be the duty of the civil officer ordering out such military force, or of some other conservator of the peace, or of the officer in command of the troops, or some person by him deputed, to command the persons composing such riotous, tumultuous or unlawful assemblage or mob, to disperse and retire peaceably to their respective abodes and business. But in no case shall it be necesmary to use any set or particular form of words in ordering the dispersion of any riotous, tumultuous, or unlawful assembly, nor shall any command be necessary where the officer or person, in order to give it, would be put in imminent danger of loss of life or bodily harm, or where such unlawful assemblage or mob is engaged in the commission or perpetration of any felony, or in assaulting or attacking any civil officer or person called to aid him in the preservation of the peace, or is otherwise engaged in actual violence to person or property. Riots, etc., dispersion of. SEC. 58. Be it further enacted, Any person or persons composing or taking part in any riot, rout, mob, tumult or lawless combination or assembly mentioned in this Act, who, after being duly commanded to disperse, as hereinbefore provided, wilfully and intentionally fails to do so as soon as practicable, shall be guilty of a felony, and on conviction thereof shall be imprisoned in the penitentiary not less than one nor more than five years. Riots, penalty for engaging in. SEC. 59. Be it further enacted, Any person or persons composing or taking part, or about to take part, in any riot, rout, mob, tumult, or unlawful combination or assembly mentioned in this Act, having been duly commanded to disperse, or where the circumstances are such that no command is requisite, under the provisions of this Act the civil officer to whom such force is ordered to report, or the military officer in command, shall take such steps

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and make such disposition for the arrest, dispersing and quelling of the persons composing, or taking part in any such mob, riot, tumult, outbreak or unlawful assembly or combination mentioned in this Act, as may be deemed by him requisite to that end; and if in doing so any person is killed, wounded, or otherwise injured, or any property injured or destroyed by the civil officer, or officer or member of said military forces, or by any other person lawfully aiding them, such civil officer, military officer, or member of said military forces, or person lawfully aiding them, shall be held guiltless in all cases, unless it be made to appear that such killing. wounding or injury of persons, or injury to or destruction of property was wanton or malicious; and should any officer or soldier be sued in any civil court, or prosecuted in the criminal court, charged with any damage to private property or injury to person in the performance of any of the foregoing duties, or any act in the line of his duty, it is hereby made the duty of the solicitor-general, at the State's expense, to defend such officer or soldier. Riots, suppression of. SEC. 60. Be it further enacted, If any portion of the military forces, or other persons lawfully aiding them in the performance of any duty under the provisions of this Act, are assaulted, attacked, or in imminent danger thereof, the commanding officer of such troops need not await any order from any civil officer, but may at once proceed to quell such attack, and take all other needful steps for the safety of his command. Military forces, protection of. SEC. 61. Be it further enacted, Whenever any shot is fired, or missile thrown at, against, or upon any body of said military forces, or at, against, or upon any officer or member thereof, assembling or assembled for the purpose of performing any duty under the provisions of this Act, it shall forthwith be the duty of every person in the assemblage from which the shot is fired or the missile thrown, to immediately disperse and retire therefrom without awaiting any order to do so; and any person knowing, or having reason to believe, that a shot has been fired or missile thrown, as aforesaid, from any assemblage of which said person forms a part, or with which he is present, and failing immediately, without lawful excuse, to retire from such assemblage, shall be guilty of a misdemeanor; and any person so remaining in such assemblage after being duly commanded, as provided hereinbefore, to disperse, shall be guilty of a felony, and on conviction thereof shall be imprisoned in the penitentiary for not less than one nor more than five years. Military forces, attacks upon. SEC. 62. Be it further enacted, The United States forces or troops, or any portion of the Georgia Military Forces, being assembled

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for any purpose, or performing any duty according to law, shall have the right of way in any street or highway, through which they may pass; provided, that the carriage of the United States mails, the legitimate functions of the police, and the progress and operation of fire engines and fire departments shall not be unnecessarily interfered with thereby. Right of. way in streets and highways. SEC. 63. Be it further enacted, Whenever any riot, rout, tumult, mob, or unlawful assembly has occurred, or is progressing, or is so imminent that any portion of the said military forces is, or has been, called out for the performance of any duty under the provisions of this Act, it shall be lawful for the civil officer, under whose orders the military forces are acting, or of the commanding officer of such military forces, if it be deemed advisable to do so, in subduing or preventing such riot, rout, mob, tumult, or unlawful assembly, or the outbreak thereof, to prohibit all persons from occupying or passing any street, road, or place in the vicinity of the riot, rout, mob, tumult, or unlawful assembly, or the place where the same is threatened, or where the said military forces may be for the time being, and otherwise to regulate the passage and occupancy of such streets and places. Any person, after being duly informed of such prohibition or regulations, who attempts to go or to remain on such street, road or place, or who fails to depart after being warned, is guilty of a misdemeanor, and, upon conviction, shall be punished therefor. The commander-in-chief may, in his discretion, give authority to the commanding officer to close places where firearms and ammunitions are sold, barrooms and other disorderly places; and if the commander-in-chief shall deem it necessary, he may declare a state of insurrection in the locality in which the disorder is located, and such officer or officers shall have the right to do and perform any act or acts, or direct them to be performed, whether affecting private, corporate or public rights, that, in his discretion, may be necessary or advisable to suppress or prevent such unlawful assembly. Patrol of places in vicinity of riots. SEC. 64. Be it further enacted, The commanding officer of any body of said military forces guarding any jail, building or other place, or escorting any prisoner, or performing any other active duty may, if he deems it advisable, prescribe a reasonable distance in the vicinity of such jail, building or other place, or escort of such prisoner, within which persons shall not come, and any person coming within such limits without the permission of said officer, or refusing to depart after being ordered to do so, shall be guilty of a misdemeanor, and shall be placed under arrest by the military authority, using such force as may be necessary. Jail limits.

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SEC. 65. Be it further enacted, Whenever any troops are ordered out by a civil officer under the provisions of this Act, without first obtaining an order from the commander-in-chief, it shall be the duty of the civil officer, and also of the commander of such troops, to report the facts to the commander-in-chief as soon as practicable. Reports to commander-in-chief. SEC. 66. Be it further enacted, Any civil officer, military officer, or member of the said military forces, or any person lawfully aiding them in the performance of any military duty required under the provisions of this Act, if indicted or sued for any crime or trespass, or for any injury to person or property, in endeavoring to perform such duties, shall have the right, and it is hereby made the duty of the Court in which such indictment or suit is pending, upon the application of any person thus indicted or sued, to transfer the trial of the indictment or suit to some county other than that in which the indictment was found, or the injury done. Such transfer shall be to any county that may be agreed by the solicitor-general and the defendant or his counsel, in case of indictment, or by the parties and their counsel in case of suit. If a county is not thus agreed upon, the judge shall select such county as, in his judgment, will afford a fair and impartial jury to try the case, and have it transferred accordingly. Any officer whose command is called out under the provisions of this Act, and reporting to any civil officer may require such civil officer to make such order in writing and to prescribe therein the outline of the duties required of him and his command; and such officer may decline to obey such orders until the same are put in writing; and while such commanding officer must obey all lawful commands of such civil officer, unless the same are countermanded by, or at variance with, the orders of the commander-in-chief, such commanding officer may use his discretion as to the manner of carrying out such orders so long as he complies with their spirit. Prosecutions against members of military forces, venue of. SEC. 67. Be it further enacted, Courts-martial and courts of inquiry for said military forces shall be the same class and kind as shall, from time to time, be prescribed by law for the United States army. Any company or organization may have constituted and prescribed in its by-laws, a company court-martial for any violation of company rules as prescribed in its by-laws. Courts-martial. SEC. 68. Be it further enacted, General courts-martial and courts of inquiry shall be convened only by order of the commander-in-chief. The punishing power of such courts-martial shall extend to dishonorable discharge or dismissal from the service of the State, forfeiture of all pay and allowances, and such

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punishment as may be prescribed for misdemeanors by the penal law of the State. In case of war or insurrection, such courts-martial shall have the authority to impose forfeitures, fines and penalties in accordance with military law and the articles of war governing the armies of the United States. Regimental courts-martial may be convened for the trial of enlisted men by the commanding officer of any post, regiment or unassigned battalion; and their punishing powers shall extend to the reduction to ranks, dishonorable discharge, and forfeiture of all pay and allowances. General courts-martial, powers of. SEC. 69. Be it further enacted, The constitution of and procedure in all such courts shall be the same as may be from time to time required in similar courts in the United States army, except in so far as the same may be modified by regulations prescribed by the commander-in-chief of the State. Officers who serve on any of said courts shall be considered as on active duty, and shall, in the discretion of the commander-in-chief, receive the pay and allowances prescribed in section 37 of this Act. Courts-martial, procedure of. SEC. 70. Be it further enacted, Courts-martial and courts of inquiry shall have the same power to compel the attendance of civilian witnesses as civil courts in this State have, and shall follow the same procedure of serving subp[oelig]nas and issuing attachments. Such courts shall also have the same power to punish for contempt that the superior courts of this State have. Witnesses. SEC. 71. Be it further enacted, When the punishment inflicted by courts-martial is, or includes, imprisonment, and chain-gang punishment, or either, the person so convicted shall be delivered by the military authorities to the sheriff of the county wherein such conviction was had, together with a copy of the sentence of the court, to be dealt with as if such conviction had been had in the superior court of such county. Punishments. SEC. 72. Be it further enacted, All fines, forfeitures and penalties assessed by any courts-martial shall be collected by execution issued under the hand of the president of the court, and directed to the sheriff, and returnable to the superior court of the county in which the delinquent resides, and shall have the same force and effect as civil process of the same character. All moneys collected from such fines and forfeitures shall be paid into the military fund of the State, except those collected by the execution of company courts-martial, which shall be paid to the company or organization treasury. Fines, how enforced. SEC. 73. Be it further enacted, All moneys collected for fines and forfeitures imposed under the provisions of this Act by courts-martial ordered by the commander-in-chief, or by the superior

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court of any county, or for damages for the breach of any bond given for arms, accoutrements or military property, shall be paid into the treasury of the State, and there constitute and be kept as a separate fund, to be designated the Military Fund, and shall not be paid out for, nor applied to, any other purpose whatever, than those specified in this Act, and then only upon the commander-in-chiefs' warrant. All moneys appropriated from time to time by the General Assembly for the support, maintenance or equipment of said military forces, shall pass into and become a part of said special fund in the treasury of the State, called the Military Fund, to be paid out on the commander-in-chief's warrant, according to law. Fines, etc., disposition of. SEC. 74. Be it further enacted, All officers of said military forces receiving fines or pecuniary penalties collected by execution shall make a return thereof to the adjutant-general, or to such officer of his department as he may designate, at least once a year, or oftener, if necessary. The adjutant-general shall lay an abstract of same before the commander-in-chief annually. Returns of collecting officers. SEC. 75. Be it further enacted, For the purpose of carrying into effect the provisions of this Act, and of providing for the organization, discipline and government of said military forces in all particulars not herein fully described, the commander-in-chief is authorized to make and order such general regulations as he may find necessary, not inconsistent with law, which regulations shall have the same force and effect as provisions of this Act, until revoked by the commander-in-chief; and to furnish to each officer at least one copy of this Act, and of any amendments thereto, which may, from time to time, be passed by the General Assembly; and of such general regulation as he may prescribe, printed in pamphlet form at the expense of the State. Except in so far as the commander-in-chief shall otherwise prescribe the regulations authorized by this section, and in all matters not fixed by this Act or by such regulations, the general regulations of the army of the United States or the navy of the United States, as the case may be, issued from time to time, and the Articles of War and other statutes of the United States, shall govern, so far as they are applicable and not inconsistent with anything contained in this Act. Regulations, etc., publication of. SEC. 76. Be it further enacted, All matters of detail in the various branches of the military service of this State, not especially provided for in this Act, or by the regulations which may hereafter be promulgated as provided by section 75 of this Act, which may arise in the execution and distribution of orders, reports and returns, proceedings of courts-martial and courts of

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inquiry, parades, assemblies, discipline, etiquette, duties, rank and precedure of officers and non-commissioned officers, military badges, and distinctions, shall be determined as far as practicable by military law and usage, and the customs of the army and navy of the United States. Military law and usage. SEC. 77. Be it further enacted, It shall not be lawful for any body of men whatever, other than the military forces of this State, and the troops of the United States, and bodies of police, to associate themselves together as a military organization or to drill or parade with arms in this State, without the license of the commander-in-chief, which license may at any time be revoked; provided, the students of educational institutions where military science is part of the course of instruction may, with the consent of the commander-in-chief, drill and parade under arms in public under the superintendence of their instructors; and provided further, that nothing herein contained shall be construed as to prevent benevolent, secret or social organizations from wearing swords, and parading with side-arms. Whoever offends against the provision of this section, or belongs to or parades with any such unauthorized body of men with arms shall be guilty of a misdemeanor and on conviction shall be punished therefor. Other military organizations prohibited. SEC. 78. Be it further enacted, The commander-in-chief has power to appoint advisory and other military boards as the service of the same shall, in his discretion, be needed. Advisory boards. SEC. 79. Be it further enacted, The commander-in-chief may disband or muster in companies, in his discretion, provided, that before any company is disbanded it shall be given notice and opportunity to show cause why such action should not be taken. Companies, how disbanded. SEC. 80. Be it further enacted, The Georgia State troops shall go into active service by being assembled in an annual encampment, at such times and places as the commander-in-chief may direct; the expense of the same shall be defrayed out of the funds provided by the General Assembly, for that specific purpose. Encampments. SEC. 81. Be it further enacted, To every officer and enlisted man who has served this State honestly and faithfully for six years, continuous or otherwise, and who continues in active service as an officer or enlisted man after that period, there shall be awarded a bronze medal of suitable design and inscription, and after each additional four years of honest and faithful service, continuous or otherwise, there shall be awarded upon like continuance in service, a bronze bar. This law shall retroact in favor of all officers and enlisted men now actively in the service, or who having the prescribed term of service, shall reconnect themselves

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with the service of the State at some future date; provided, that the time of service in the Confederate States army or navy, or in the United States army as a volunteer of this State subsequent to 1870, shall be counted double if necessary to make the required length of service. These medals and bars shall be furnished by the State, through the adjutant-general's office, upon application of the person entitled thereto, approved by intermediate commanders, and the expense of same shall be paid out of the military fund. Medals and bars. SEC. 82. Be it further enacted, The students of any educational institution, authorized by the commander-in-chief as provided in section 77 of this Act, may be organized into corps of cadets to be designated Georgia Cadets, which shall be a separate and distinct body from the Georgia State troops, wearing [Illegible Text] uniform distinct therefrom; the officers of such corps may be commissioned by the commander-in-chief, upon recommendation of the president or principal of the institution, between and including the grade of second lieutenant and major of cadets, which commissions shall expire, when such officer ceases to be a student or commandant of cadets of such institution. The commander-in-chief is hereby authorized to issue to these institutions such arms, accoutrements and other military supplies, as may, in his discretion, be spared; and shall be empowered to make such rules and regulations regarding the care of such property as he may deem necessary, and shall require an annual report from the institution showing the condition of the arms, progress of military instruction, strength of corps and such other matters pertaining thereto; and he may provide such other regulations for the military government of these institutions as he may deem absolutely necessary. The corps of cadets, organized under this Act, shall not be subject to active duty in case of war, riot or insurrection unless they shall first volunteer their services for such duty, which may be accepted and used by the commander-in-chief, in his discretion. Georgia Cadets. SEC. 83. Be it further enacted by the authority aforesaid, That the following laws and statutes, and parts of laws and statutes be, and the same are, hereby repealed, that is to say: Code of 1895, sections 1094 to 1249 inclusive repealed. FIRST: Chapters one to seventeen, both inclusive, of the eleventh title of the Code. of 1895, comprising sections 1094 to 1249, both inclusive, of said Code, and covering under the title, Public Defense, the following chapter headings, that is to say: Chapter 1. Volunteer Forces. Chapter 2. Sundry Regulations.

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Chapter 3. The Public Arms and Arsenals. Chapter 4. Parades. Chapter 5. Duty in Case of Invasion, Riots and Mob Violence. Chapter 6. Protection of Prisoners; Trials of Volunteers and Change of Venue. Chapter 7. Courts-Martial. Chapter 8. Exemptions from Jury and Road Duty. Chapter 9. Regulations by the Governor. Chapter 10. Military Fund. Chapter 11. Other Organizations not to be Formed or Drilled. Chapter 12. Volunteer Forces not to Leave State. Chapter 13. Advisory Board and Proceedings for Disbandment of Companies. Chapter 14. Encampments. Chapter 15. Military Provisions and Rules. Chapter 16. Miscellaneous Provisions. Chapter 17. Naval Militia. Said chapters and sections, together with the Acts of the General Assembly, passed since 1895, hereinafter recited, constituting all the military laws of the State of Georgia, and the statutes with reference to the organization, discipline, privileges, duties and rights of the military forces of this State, and the militia thereof. The following Act, an Act to provide for the military organization of the students of the Georgia State College of Agriculture and Mechanical Arts and of other departments of the State University; approved February 23, 1875. Other laws repealed. SECOND: The following Acts of the General Assembly passed since the Code of 1895, to wit: An Act to alter and amend an Act entitled `an Act to provide for the establishment and government of a State naval militia, and for other purposes connected therewith,' and for other purposes, approved December 22, 1896. An Act to increase the rank of the adjutant-general and assistant adjutant-general of this State, approved December 21, 1897. An Act to adopt a substitute for section 1143 of the Code of 1895 prescribing a duration of commissions of officers of the volunteer forces of the State, and to amend section 1218, prescribing the pay of the volunteer forces of the State, when called into the service of the State, and for other purposes, approved December 21, 1899. An Act to provide for the reorganization, discipline, enlistment and protection of the military forces of this State, and for other purposes connected therewith, approved December 21, 1899. An Act to amend `an Act to provide for the reorganization and

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discipline, enlistment and protection of the military forces of this State, and for other purposes,' approved December 21, 1899, by providing for the addition of one battalion of heavy artillery to the military forces of this State, by repealing section XV. of said Act, and for other purposes, approved December 18, 1900. THIRD: All laws and parts of laws, statutes and parts of statutes, general or special, with reference to the organization, discipline, privileges, duties and rights of the military forces of this State, both land and naval, white and colored, and of the militia thereof, which are not herein and hereby reenacted. FOURTH: All laws and parts of laws, general or special, statutes and parts of statutes, in conflict with this Act, or with any part thereof. Approved December 17, 1902. STATE GEOLOGIST AND ASSISTANTS, SALARY OF. No. 98. An Act to amend an Act reviving the office of State Geologist, and for other purposes, approved November 12, 1889. SECTION 1. Be it enacted by the Senate and the House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the Act of 1889 reviving the office of State Geologist be amended by striking out from section 4 the words and the two assistants shall each receive a salary of twelve hundred and fifty ($1,250.00) dollars per annum, and inserting in lieu thereof the words, and each assistant shall receive such salary per annum as shall be determined by the advisory board of the geological survey upon the recommendation of the State Geologist; provided, each assistant shall not receive more than fifteen hundred ($1,500.00) dollars per annum, so that said section shall read: Sec. 4. Be it further enacted, That the salary of the State Geologist shall be twenty-five hundred ($2,500.00) dollars per annum, and each assistant shall receive such salary per annum as shall be determined by the advisory board of the geological survey on recommendation of the State Geologist; provided, that each assistant shall not receive more than fifteen hundred ($1,500.00) dollars per annum. State Geologist and assistants, salary of. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1902.

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ATTORNEY-GENERAL, DUTY OF. No. 128. An Act to authorize the Governor of the State of Georgia to require the Attorney-General of the State of Georgia to perform, without compensation, all duties now incumbent on attorney for Western Atlantic Railroad, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Governor of the State of Georgia is hereby authorized to require the Attorney-General of the State of Georgia to perform, without compensation, all duties now performed by the attorney for the Western Atlantic Railroad. Attorney-General shall act as attorney for W. A. R. R. SEC. 2. Be it further enacted by authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1902. AGENCY FOR PROPERTY OF WESTERN ATLANTIC RAILROAD ABOLISHED. No. 140. An Act to repeal an Act entitled an Act to authorize the Governor to appoint an agent to look after the property of the State of Georgia in Tennessee and in Georgia, along the line of the Western Atlantic Railroad, to prescribe his duties, fix his compensation, make an appropriation therefor, and for other purposes, approved December 20, 1892, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the Act entitled an Act to authorize the Governor to appoint an agent to look after the property of Georgia in Tennessee and in Georgia along the line of the Western Atlantic Railroad, to prescribe his duties, fix his compensation, make an appropriation therefor, and for other purposes, approved December 20, 1892, be, and the same is, hereby repealed. Agency for property of W. A. R. R. abolished.

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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 December 16, 1902. SPECIAL AGENT OF WESTERN ATLANTIC RAILROAD, OFFICE ABOLISHED. No. 142. An Act to repeal an Act approved December 20, 1892, creating the office of Special Agent of the Western Atlantic Railroad, to devolve on the Attorney-General the duties heretofore devolved on the Special Agent appointed under said Act, and to prevent any other appointment to the office by said Act created, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the Act of the Legislature approved December 20, 1892, entitled an Act to authorize the Governor to appoint an agent to look after the property of the State of Georgia in Tennessee and in Georgia, along the line of the Western Atlantic Railroad, to prescribe his duties, fix his compensation, make an appropriation therefor, and for other purposes, be, and the same is, hereby repealed. Attorney-General, duties of, in relation to W. A. R. R. SEC. 2. Be it further enacted by the authority aforesaid, That the duties devolved by said Act upon the agent appointed thereunder and all similar duties concerning the Western Atlantic Railroad shall in future be performed by the Attorney-general of this State, without other compensation than his official salary. SEC. 3. Be it further enacted by the authority aforesaid, That no appointment of any person to the office heretofore filled under the aforesaid Act shall hereafter be made. SEC. 4. Be it further enacted by the authority aforesaid, That all laws conflicting with this Act be, and the same are, hereby repealed. Approved December 17, 1902.

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SHERIFFS AND BAILIFFS IN CITIES, COMPENSATION OF. No. 15. An Act to provide compensation for deputy sheriffs and bailiffs of the superior and city courts in counties in this State having therein cities with a population of not less than fifty thousand and not more than seventy-five thousand inhabitants, 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 compensation of the deputy sheriffs and bailiffs of the superior and city courts in counties of this State having therein cities with a population of not less than fifty thousand and not more than seventy-five thousand inhabitants, shall be sixty-five ($65.00) dollars per month, which shall be paid by said counties. Sheriffs and bailiffs in cities, compensation of. SEC. 2. Be it further enacted, That the United States census shall be conclusive evidence of the population of the cities in said counties, and that this Act shall apply to all counties that may now or may hereafter have within their limits cities of not less than fifty thousand and not more than seventy-five thousand inhabitants. SEC. 3. Be it further enacted, That this Act shall not apply to special criminal bailiffs appointed by the solicitor-general with the approval of the judge of the superior court under the terms of section 808 of the Criminal Code. Special criminal bailiffs. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 27, 1902.

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COCAINE, HOW SOLD. No. 61. An Act to prescribe the manner of selling or otherwise dispensing cocaine, to provide a penalty for a violation of 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 authority of the same, That from and after the passage of this Act it shall be unlawful for any person to sell, dispense or deliver to any person cocaine in any form whatever, except upon the written prescription of a legally licensed and registered physician or dentist, in which prescription shall be written the name of the person who is to use the same, and such prescription shall not be refilled without the written consent each time of the person prescribing the same; provided, however, that this Act shall not apply to manufacturers or wholesale druggists who shall sell to licensed druggists, for wholesaling or retailing, or who shall sell to lawful practicing physicians. Cocaine, how sold, SEC. 2. Be it further enacted by the authority aforesaid, That any person violating the provisions of this Act shall, upon conviction, be punished for a misdemeanor. 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. Approved December 5, 1902. BAILIFFS, FEES OF, IN CRIMINAL CASES. No. 139. An Act to provide for the payment of costs and fees in cases in which services are performed by special criminal bailiffs of the superor or city courts of this State and for the disposition of the same. 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, in all cases in the

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superior or city courts of this State, in which services are performed by a special criminal bailiff of either of said courts, the same fees shall be charged in the bill of costs as are provided by the law for similar services when performed by a sheriff, and the same when collected shall be paid by the officer collecting the same into the treasury of the county in which the court is held. Special criminal bailiffs, fees of. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved December 17, 1902. SYRUPS AND ADULTERATIONS, HOW SOLD. No. 148. An Act to regulate the sale of all syrups and adulterations thereof within this State, and for other purposes. SECTION 1. Be it enacted by the General Assembly of this State, and it is hereby enacted by authority of the same, That from and after September 1, 1903, it shall be unlawful for any person or persons, firm or corporation, or agent thereof, to sell, advertise for sale, or offer for sale within the limits of this State, any adulterated or mixed syrups whatever; except at the time of sale or offer for sale the percentage of such adulteration or mixture is clearly stamped or labeled on the barrel, can, case, bottle, or other receptacle containing such syrup. The terms adulterated mixture, or admixture, as used in this Act, is understood to apply to all mixtures of two or more ingredients differing in their nature or quality, such as sugar-cane syrup, sorghum syrup, maple syrup, molasses or glucose. Syrups, adulterated, sale of. SEC. 2. Be it further enacted by authority aforesaid, That all original packages of adulterated or mixed syrups in barrels or other receptacle shall bear the name and post-office address of the manufacturer or manufacturers. Packages, how marked. SEC. 3. Be it further enacted by authority aforesaid, That it shall be unlawful to sell or offer for sale within the limits of this State any syrups branded or labelled cane syrup, ribbon cane syrup, Georgia cane syrup, pure cane syrup, or any other similar or misleading name, which contains any other ingredient or addition other than that resulting from the boiling of the pure juice of sugar-cane, and from which no sugar has been taken. Brands.

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SEC. 4. Be it further enacted by authority aforesaid, That when any person or persons, dealer, firm or corporation, or agent thereof, shall offer for sale any syrup or adulteration thereof, either in can, case, package, barrel or other receptacle, not stamped in accordance with the requirements of this Act, such article shall be confiscated or destroyed, in the discretion of and under the authority of the ordinary of the county in which said find is made; and the proceeds of the sale of the confiscated article shall go into the common school fund of the county, except as hereinafter provided. Confiscation of packages not stamped. SEC. 5. Be it further enacted by authority aforesaid, That when the ordinary shall be authorized to proceed under the provisions of section 4 of this Act, and in case of confiscation, he shall post at the court-house door twenty-four hours previous to the sale, a notice thereof, and when such notice shall be given, the sheriff of the county, or his lawful deputy, shall be empowered to make sale. The ordinary shall have for his services the sum of $3.00, as shall also the sheriff or his deputy, in case the property sold brings a sufficient amount to cover this sum. Confiscated articles, how sold. SEC. 6. Be it further enacted by authority aforesaid, That all persons, firm or corporations or agents thereof found guilty of a violation of this Act shall be guilty of a misdemeanor, and shall be punished for each offense in a sum not less than $200.00, nor more than $1,000.00, or imprisonment in the county jail or chain-gang for a term of not less than ten days nor more than twelve months, either or both, in the discretion of the court. Penalties. SEC. 7. Be it further enacted by authority aforesaid, That in all cases where fines are imposed and collected, the sum of fifty dollars shall be paid the informant in the case; said amount to come out of the fine collected. Informer. SEC. 8. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902.

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JUSTICE COURTS, PRACTICE AND JURISDICTION OF, IN CITIES. No. 141. An Act to regulate the practice and procedure of justice courts in cities of seventy-five 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 the State of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act when militia districts are situated in part or in whole in cities in this State having a population of seventy-five thousand or more by the last preceding census of the United States, justices of the peace and notaries public, ex officio justices of the peace courts of all of said districts, shall have jurisdiction, as fixed by the Constitution, in and over all of the said districts, and in and over all of said city, and shall hold their courts monthly at fixed times and places at some convenient place within their respective districts. Justice courts in cities. SEC. 2. Be it further enacted by the authority aforesaid, That a garnishee shall have ten days from the regular court day of said courts to file his answer to summons of garnishment, and a traverse to an answer shall not be filed later than ten days from the filing of said answer. Notice of the filing of a traverse shall be given the garnishee at least five days before the hearing, and said traverse shall by the court be assigned for trial at the same term, or continued as required by law. Garnishments in. SEC. 3. Be it further enacted by the authority aforesaid, That any person eligible, under existing laws, residing anywhere in the jurisdiction of said courts, shall be eligible to act as constable for any of said courts upon otherwise complying with the law. Constables 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. Approved December 17, 1902.

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INSPECTORS OF ROADS AND BRIDGES. No. 209. An Act to amend an Act approved December 8, 1889, entitled An Act to provide for the employment of inspectors of Roads and Bridges for all counties in this State having a population of more than 75,000 people, for defining their duties, and for other purposes connected therewith, by striking out 75,000 people and inserting in lieu thereof 15,000 people, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the commissioners of roads and revenues for all counties in this State having a population of more than 15,000 people, according to the census of the United States, shall have the power upon recommendation of the grand jury, to employ one or more persons to be known as Inspector of Roads and Bridges; provided, that nothing in this Act shall affect counties having over 85,000 population already having such system as herein provided. Inspectors of roads and bridges. SEC. 2. Be it further enacted, That it shall be the duty of such inspector to examine routes for new roads and report thereon, to make careful and constant examination of all existing roads and bridges of the county in which he is employed, and to report the condition of the same to the commissioners as often as may be necessary and as often as may be directed by said commissioners, to guard and look after the county chain-gang and capture escapes therefrom, and to do all such things in reference thereto when, and as directed by said county commissioners. Duties of. SEC. 3. Be it further enacted, That the sheriffs of any county which employs such inspectors shall, on the request of the commissioners, appoint them deputy sheriffs, and as such they shall have power to make arrests for any violations of the criminal laws of this State, as other deputy sheriffs, but as to all arrests, such inspectors shall report to the sheriff of the county as other deputy sheriffs report. Deputy sheriffs. SEC. 4. Be it further enacted, That when more than one inspector shall be appointed in any county, the commissioners shall have power to designate one of them as chief inspector. Chief inspector. SEC. 5. Be it further enacted, That the commissioners are

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hereby authorized to pay such inspectors such salaries out of the county treasury as they may think right and proper. Compensation of. SEC. 6. Be it further enacted, That the inspector shall be employed subject to be discharged at any time by the commissioners for any cause whatsoever, satisfactory to them. Discharge of. SEC. 7. Be it further enacted, That said inspector or inspectors shall be under the control of the county commissioners and such rules as said commissioners make in accordance with this Act. Control of. SEC. 8. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1902. CERTIORARI FROM POLICE COURT, BOND OF APPLICANT. No. 70. An Act to require any person seeking a writ of certiorari to correct the judgment of a recorder's court or other police court of any town or city by whatever name known, to give bond, except under certain conditions, to provide when such writ or bond shall operate as a supersedeas, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act any person who seeks a writ of certiorari to review and correct the judgment of any recorder's court, or of other police court, of any town or city, by whatever name known, shall first file with the clerk of said court or if no clerk, with the judge of said court, except when the pauper affidavit hereinafter provided for is furnished, a bond payable to the municipal corporation under which such court exists, in amount and with surety acceptable to and approved by the said clerk or judge, as the case may be, conditioned for the personal appearance of the defendant to abide the final order, judgment, or sentence of said court, or of the superior court, in said case. Certiorari from police courts, bonds of applicants. SEC. 2. If the defendant is unable from his poverty to give said bond, and will make the same to appear by affidavit, the judge of the superior court shall, in granting the writ of certiorari, order a supersedeas, but the defendant shall not be set at liberty without the giving of said bond. Pauper affidavit and supersedeas. SEC. 3. Whenever any defendant who has been convicted in

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said court shall file a bond in compliance with the first section hereof, or a pauper affidavit in accordance with the second section hereof, and shall also file an affidavit that he intends to apply for a writ of certiorari, this shall operate as a supersedeas of the judgment rendered in said court for the period of ten days; provided, that when the pauper affidavit is given in lieu of bond the defendant shall not be set at liberty. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 10, 1902. DEPUTY CLERKS OF CITY COURTS, HOW APPOINTED. No. 68. An Act to authorize the clerks of the city courts of this State to appoint deputy clerks, to define the powers and duties of said deputies, and to validate all acts of deputy clerks heretofore appointed. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the clerks of the city courts of this State shall have the power to appoint a deputy clerk, and may require from him a bond with good security. The said deputy clerk shall take the same oath as the clerks do before entering upon the discharge of their duties, and their powers and duties shall be the same as those of the clerk as long as the principal continues in office, and not longer; for the faithful performance of which they and their security shall be bound. The appointment shall be in writing and shall be entered upon the minutes of the court. Deputy clerks of city courts. SEC. 2. Be it further enacted, That all acts heretofore performed by a deputy clerk of any city court in this State, under appointment by the clerk, are hereby declared to be legal and valid as completely as if done by the clerk himself. Acts of. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 10, 1902.

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OYSTERS AND FISH, PROTECTION OF. No. 72. An Act to amend an Act entitled an Act to regulate and control the taking and catching of oysters and fish from the public waters of this State; to provide a penalty for violations thereof, and for other purposes, as contained on pages 96-97 in the published Acts of 1899, so as to repeal and strike therefrom all of section 1 which follows the word same, which is the first word of the first line on page 97, and also so as to repeal and strike therefrom all of section 2 of said Act, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the Act of the General Assembly approved December 19, 1899, entitled an Act to regulate and control the taking and catching of oysters and fish from the public waters of this State, to provide a penalty for violations thereof, and for other purposes, which said Act is contained on pages 96-97 of the public Acts of the Georgia Legislature for the year 1899, be, and the same is, hereby amended by repealing and striking therefrom all of section 1 of said Act which follows the word same, which is the first word of the first line on said page 97; and also by repealing and striking therefrom all of section 2 of said Act, so that said Act, when so amended, shall read as follows: Oysters and fish, protection of. 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 non-resident of this State to take or catch any oysters or fish from the public waters of this State for the purpose of selling the same. Sec. 2. Be it further enacted by the authority aforesaid, That any person violating the provisions of section 1 of this Act shall be guilty of a misdemeanor and be punished as prescribed in section 1039 of the Criminal Code of this State. 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. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this present Act be, and the same are, hereby repealed. Approved December 10, 1902.

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BOUNDARIES OF LANDS ON TIDE-WATERS. No. 95. An Act to fix and prescribe the boundaries of land adjacent to or covered by or bordering on the tide-waters of this State, and to prescribe all rights of the owners of such adjacent lands within such boundaries, and to define navigable tide-waters, 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 from and after the passage of this Act the title to the beds of all tide-waters in this State, where the tide regularly ebbs and flows, and which are not navigable under section 2 of this Act, shall vest in the present owner of the adjacent land for all purposes, including among others, the exclusive right to oysters, clams and other shell fish therein or thereon. If the water is the dividing line, each owner's boundary shall extend to the main thread or channel of the water. If the main thread, or center, or channel of the water changes gradually, the line follows the same, according to the change. If for any cause it takes a new channel, the original line, if capable of identification, remains the boundary. Gradual accretions of land on either side accrue to the owner. Boundaries of lands on tide-waters. SEC. 2. Be it further enacted by the authority aforesaid, That a navigable tide-water, in contemplation of this Act, is any tide-water, the sea, or any inlet thereof, or other bed of water where the tide regularly ebbs and flows, which is in fact used for the purposes of navigation, or is capable of bearing upon its bosom at mean low tide boats loaded with freight in the regular course of trade. The mere rafting of timber thereon, or the passage of small boats thereover, whether for the transportation of persons or freight, shall not be deemed navigation within the meaning of this Act, and does not make tide-water navigable. Navigable tide-water defined. SEC. 3. Be it further enacted by the authority aforesaid, That for all purposes, including among others the exclusive right to the oysters and clams (but not to include other fish) therein or thereon being, the boundaries and rights of owners of land adjacent to or covered in whole or in part by navigable tide-waters, as defined in section 2 of this Act, shall extend to low water mark in the bed of the water; provided, however, that nothing in this Act contained

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shall be so construed as to authorize such an exclusive appropriation of any tide-water, navigable or unnavigable, by any person whomsoever, as to prevent the free use of the same by others for purposes of passage and for the transportation of such freights as may be capable of being carried thereover. Rights of land owners. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1902. MUNICIPAL OFFICERS, ELECTIONS, TERMS AND SALARIES OF. No. 114. An Act to fix the time for the election of all officers of the incorporated cities of this State now having or which may hereafter have not less than fifty thousand inhabitants, and not more than seventy-five thousand inhabitants, according to the census of the United States; 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, and it is hereby enacted by authority of the same, That the time for the election of all officers of the incorporated cities of this State, now having or which may hereafter have not less than fifty thousand inhabitants, and not more than seventy-five thousand inhabitants, according to the census of the United States, now elective by the mayor and aldermen of said cities, be, and the same is, hereby fixed for the evening of the day fixed by law for the qualification of the mayor and aldermen, who are to make such election. Municipal officers, elections, terms and salaries of. SEC. 2. Be it further enacted, That all officers so elected shall hold their office for the term of two years and until their successors are elected and qualified, and their salaries shall be neither increased nor diminished during their term of office. Terms of office. SEC. 3. Be it further enacted, That all laws and parts of laws, and all provisions of local Acts in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902.

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NATIONAL PARK APPROACHES, JURISDICTION OVER CEDED. No. 64. An Act to cede to the United States the jurisdiction of this State over certain public road approaches to the Chickamauga-Chattanooga National Military Park, in the counties of Catoosa and Whitfield, in this State, as herein described. Whereas, The general government has expended large sums of money in the improvement of the Chickamauga-Chattanooga National Military Park and the approaches thereto, and contemplate expending other large sums of money in building and maintaining other approaches to said Park. SECTION 1. Be it therefore enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the jurisdiction of this State be, and the same is, hereby ceded to the United States of America to the public roads and land adjoining thereto, or so much thereof as may be necessary, as herein described, to wit: Beginning at the corporation line southeast of Ringgold, Georgia, near the old Cherokee house, running thence through the Ringgold gap at Stone church, thence crossing Tiger creek at Stone church and running directly to Tunnel Hill, Georgia, and from Tunnel Hill, Georgia, to Dalton, Georgia, whenever title thereto shall have been acquired by the United States. Said territory is ceded to the United States of America so that said United States may build and maintain thereon a pike road of chert, gravel, or other substantial material. National park approaches. jurisdiction over ceded to the U. S. SEC. 2. Be it further enacted by the authority aforesaid, That the cession contained in the preceding section is upon the express condition that the State of Georgia shall so far retain a concurrent jurisdiction with the United States over said territory or roads as that all criminal and civil process issued under the authority of this State may be executed thereon in like manner as if this Act had not been passed, and upon the further expressed condition that the State shall retain a civil and criminal jurisdiction over persons and citizens in said ceded territory as over other persons and citizens of 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 on said ceded territory shall be liable to State and county taxes the same as if they resided elsewhere in said

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State, and that citizens of said State in said ceded territory shall retain all the rights of State suffrage and citizenship; provided further, that nothing herein contained shall interfere with the jurisdiction of the United States over any matter or subjects set out in the Acts of Congress establishing said National Park, approved August 19, 1890, or with any law, rules or regulations that Congress may hereafter adopt for the preservation or protection of its property 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 provided for the improvement of such roads, and shall have filed a plat or map of the property so acquired in the office of the Secretary of State of the State of Georgia. Jurisdiction of the State concurrent. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 10, 1902. FEDERAL BUILDING AT ATHENS, LAND FOR. No. 124. An Act to cede to the United States of America jurisdiction over certain land in the city of Athens, State of Georgia. 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 consent of the State of Georgia is hereby given in accordance with the seventeenth clause of section 8 of the first article of the Constitution of the United States, to the holding by the United States of the title of all that land or parts of land estimated, lying and being in Clarke county, Georgia, and within the incorporate limits of the city of Athens, Georgia, beginning on College avenue, in said city, lying on the east side of said avenue, beginning at the intersection on Washington street with College avenue, and running thence northwardly along College avenue to the corner of Hancock avenue, thence along Hancock avenue eastwardly 152 feet, thence running across to Washington street to the point 140 feet from the intersection of College avenue and said Washington street, thence along Washington street 140 feet to the beginning corner on College avenue; said property purchased by the United States of America for the erection of post-office, Federal court buildings, and for other public purposes, and the jurisdiction

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to be executed by the United States so long as said land may be used for said purposes. Federal building at Athens, land for, jurisdiction over. SEC. 2. Be it further enacted by the authority aforesaid, That the jurisdiction of the State of Georgia is hereby ceded to the government of the United States in and to the aforesaid lot of land acquired, and be acquired for above purposes, except that the State of Georgia shall have and retain the right to serve criminal and civil processes issued under the authority of this State upon persons in said ceded territory; and said property shall be and continue exempt and excluded from State, county or municipal taxation, assessment, or other changes which may be levied or imposed under the laws of this State. Jurisdiction and exemption SEC. 3. Be it further enacted by the authority aforesaid, That this Act shall take effect and be in force from and immediately after its passage. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902. FEDERAL BUILDING IN SAVANNAH, LAND FOR. No. 102. An Act to cede to the United States jurisdiction over certain land in the city of Savannah, State of Georgia. 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 consent of the State of Georgia is hereby given in accordance with the seventeenth clause, eighth section of the first article of the Constitution of the United States, to the holding by the United States of the title of that parcel of land in the city of Savannah, on York street, between Abercorn and Drayton streets, originally purchased by the United States for the erection of a post-office building, and now intended for the erection of a marine hospital for the United States, and any other land contiguous to it which it may hereafter acquire; and that exclusive jurisdiction in and over said land shall be, and the same is, hereby ceded to the United States for all purposes, except the service upon said land of all criminal and civil processes from the courts of this State, but the jurisdiction so ceded shall continue no longer than the said United

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States shall own said land, and so long as the said land shall remain the property of the United States, and no longer; the same shall be and continue exempt and exonerated from all State, county and municipal taxation, assessment or other charges which may be levied or imposed under the authority of this State. SEC. 2. That this Act shall take effect and be in force from and immediately after its passage. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902. CHICKAMAUGA NATIONAL PARK, JURISDICTION CEDED. No. 83. An Act to cede to the United States the jurisdiction of this State over any lands in the counties of Walker, Dade and Catoosa, in this State, adjacent to or in the vicinity of the Chickamauga National Military Park, which may be acquired hereafter by the United States for park purposes, or for the purpose of military posts, or for camps of military instruction, or for the purpose of erecting Confederate and Union monuments, and historical tablets thereon; and to cede to the United States the jurisdiction of this State over the public road in said Walker county leading from Davis cross-roads by way of the John Davis old home, and by way of Bailey's cross-roads to Stevens Gap and across Lookout Mountain to the town of Rising Fawn, in Dade county, and along Lookout Valley to the line of the State of Tennessee, near Wauhatchie, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the jurisdiction of this State is hereby ceded to the United States of America over any lands situated in the counties of Walker, Dade and Catoosa, in this State, adjacent to or in the vicinity of the Chickamauga National Military Park, which may be hereafter acquired by the United States for park purposes, or for the purpose of military posts, or for camps of military instruction, or for the purpose of erecting Confederate and Union monuments and historical tablets thereon. Chickamauga National Park, jurisdiction over lands adjacent. ceded to U. S.

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SEC. 2. Be it further enacted, That the jurisdiction of this State is hereby ceded to the United States of America over the following described public roads in Walker and Dade counties, Georgia, being one of the approaches to said National Park, to wit: The road leading from Davis cross-roads by way of the John Davis old home, and by way of Bailey's cross-roads to Steven's Gap, and across Lookout Mountain to the town of Rising Fawn, in Dade county, and along Lookout Valley to the line of the State of Tennessee, near Wauhatchie. Approaches. SEC. 3. Be it further enacted, That the cession contained in section 1 and 2 hereof is upon the express condition that the State of Georgia shall so far retain concurrent jurisdiction with the United States over said lands and roads, as that all civil and criminal process issued under the authority of this State may be executed thereon in like manner as if this Act had not been passed; and upon the further express 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 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 residing in said ceded territory shall retain all rights of State suffrage and citizenship; provided further, that nothing herein contained shall interfere with the jurisdiction of the United States over any matter or subjects set out in the Acts of Congress establishing said military park, approved August 19, 1890, or with any laws, rules or regulation 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, in the case of lands, have acquired titles thereto, and in the case of said road, shall have provided for the improvement and shall have filed a plat or map of the property so acquired in the office of the Secretary of State. Jurisdiction of the State concurrent. SEC. 4. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1902.

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

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TITLE I. CITY AND COUNTY COURTS. ACTS. City Court of Atlanta, defaults how opened. City Court in county of Bartow, indictment, demand for. City Court of Brunswick, per diem of jurors. City Court of Douglas, Act establishing amended. City Court of Elberton, Salary of judge. City Court of Fayetteville established. City Court of Hamilton established. City Court of Jefferson abolished. City Court of McRae established. City Court of Moultrie, Act establishing amended. City Court of Sandersville, Act establishing amended. City Court of Sylvania established. City Court of Tifton established. City Court of Valdosta, Act establishing amended. City Court of Waynesboro abolished. County Court of Berrien County, Act creating amended. County Court of Butts county abolished. County Court of Sereven county abolished. County Court of Greene county, solicitor for. County Court of Marion county abolished. CITY COURT OF ATLANTA, DEFAULTS, HOW OPENED No. 83. An Act to authorize judges of the city court of Atlanta to open defaults, to provide for protection in said court, and for other purposes. SECTION 1. It is hereby enacted by the General Assembly of Georgia, That from and after the passage of this Act any default

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entered by the judges of the city court of Atlanta may be opened during the term at which such default is entered, upon payment of all costs or in the discretion of the said judges. City court of Atlanta, defaults. SEC. 2. Be it further enacted, That after the expiration of the term at which said default was entered, the said judges may open defaults upon the same terms and conditions as may judges of the superior courts of this State. After first term how opened. SEC. 3. Be it further enacted, That in any cases which have heretofore or may hereafter be brought, no default shall be entered where the defendant has appeared as required by law by demurrer, plea to the jurisdiction, or other similar plea, and if such demurrer or plea be overruled, he shall then, in the discretion of the judges, be allowed to further answer. Answers. SEC. 4. Be it enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved December 13, 1902. CITY COURT IN COUNTY OF BARTOW, INDICTMENT, DEMAND FOR. No. 43. An Act to amend an Act entitled an Act to establish a city court in the county of Bartow, and for other purposes, approved, October 10, 1885, so as to repeal so much of said Act as allows the defendant in a criminal case to demand indictment where he has had a committal trial, or has waived the same, and is in jail or under bond for the offense with which he is charged, 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 above recited Act, approved October 10, 1885, be, and the same is hereby amended by inserting after the word them in the fourth line of the thirteenth section of the same, the words but the accused shall not be allowed to demand indictment where he has had a committal trial or has waived the same, and is in jail or is under bond for the offense with which he is charged, so that when amended said section shall read as follows: That all criminal trials in said court shall be by the judge and without jury, and without indictment by a grand jury, except when the accused shall in writing demand one or both of

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them, but the accused shall not be allowed to demand indictment where he has had a committal trial or has waived the same, and is in jail or is under bond for the offense with which he is charged. A plea to the accusation by the accused shall be a waiver of both, and he shall not thereafter have the right to recall such waiver. When indictment by a grand jury is demanded, it shall be the duty of the judge of said city court to commit or bind over the accused for trial by the superior court. When indictment is waived but a trial by jury is demanded, if at a special session of the court, the case shall be continued to the next quarterly term, and shall then stand for trial as other jury cases. If, upon the trial of any case, when indictment is not demanded or has been waived, the judge of said court shall be of opinion that the evidence produced make a case of felony against the accused, it shall be the duty of said judge thereupon to suspend the trial and to commit or bind over such accused person to the next superior court as in preliminary examinations. City court in county of Bartow. Indictment, demand 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. Approved December 5, 1902. CITY COURT OF BRUNSWICK, PER DIEM OF JURORS. No. 144. An Act to amend an Act entitled an Act to establish the city court of Brunswick in and for the county of Glynn; to define its jurisdiction and power; to provide for the appointment of the judge and other officers thereof; to define their powers and duties, and for other purposes, and approved December 9, 1895. 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 37 of the above recited Act be amended by striking therefrom all the words after the enacting clause, and inserting in lieu thereof the words, that all jurors in said city court shall receive the same pay per day for their services, for every day of actual attendance, as is allowed jurors in the superior court of said county, and shall be paid in the same manner and under the same rules and regulations as jurors in the superior courts. City court of Brunswick, per diem of jurors.

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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 same are, hereby repealed. Approved December 17, 1902. CITY COURT OF DOUGLAS, ACT ESTABLISHING AMENDED. No. 101. An Act to amend an Act to establish the city court of Douglas in the city of Douglas, and for other purposes, approved December 9, 1897; to provide for the holdings of the terms of said court; to define its jurisdiction and powers; provide for juries thereof and their pay; define the fees of the clerk of said court in civil cases; provide for the disposition of criminal cases brought in said court on accusation; provide for the payment of the cost in certain criminal cases, 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 an Act entitled an Act to establish the city court of Douglas, in the city of Douglas, in Coffee county, to define its jurisdiction and powers, to provide for the appointment of judge and other officers thereof, to define their powers and duties, to provide for the granting of new trials therein and writs of error therefrom, and for other purposes, approved December 9, 1897, be, and the same is, hereby amended in the following particulars: 1st. That section two (2) of said Act, as published in the Laws of Georgia, 1897, be amended by striking out in the fifth and sixth lines thereof the following: wherein the principal sum claimed or involved is as much as $50.00; and by adding after the word State, in the eighth line of said section, the following: provided, that in all cases brought in said court, where the principal amount claimed is under $50.00, the plaintiff shall pay all cost in excess of justice court cost in similar cases, so that said section, when amended, shall read as follows: That the jurisdictional limits of the city court of Douglas shall embrace the whole county of Coffee, and the [Illegible Text] court shall, within those limits, have jurisdiction concurrent [Illegible Text] the superior court of the county of Coffee of all civil causes

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whatever nature, except those in which jurisdiction is exclusively given to the superior court by the constitution and laws of the State; provided, that in all cases brought in said court, where the principal amount claimed is under $50.00, the plaintiff shall pay all cost in excess of justice court cost in similar cases. And the said jurisdiction herein conferred shall include not only ordinary suit by petition and process, but also all other kinds of suits and proceedings which now or are hereafter in use in the superior courts, either under the common law or by statutes, including among others attachments and garnishment proceedings, illegalities, counter-affidavits to any proceeding from said court, statutory awards, proceedings against intruders and tenants holding over, partition of personalty, issued from distress warrants, foreclosure of liens upon chattel mortgages. City court of Douglas. Jurisdiction. SEC. 2. That section thirteen (13) of said city court Act be amended by striking out all of said section commencing at the words suits and ending at the word courts in the last line of said section, so that said section, when amended, shall read as follows: That in said city court the same rules of procedure, service, pleading and practice shall govern as, for the time being, obtains in the superior courts, except as otherwise provided in this Act, and whenever and in all cases, where the rules of the superior courts cannot be made applicable on account of the difference of the constitution of said court, then the judge of said city court may make and promulgate rules to cover said cases. Rules of practice. SEC. 3. That section fifteen (15) of said city court Act be amended as follows: by adding bi before the word monthly in the second line of said section and by striking all of said section beginning after the word monthly, in the scond line of said section, and ending at the word October, in the fifth line of said section, so that said section, when amended, will read as follows: Be it further enacted, That the terms or sessions of said city court shall be bimonthly, beginning on the third Monday in January, 1903, and every two (2) months thereafter; provided, that the city court judge may, from time to time, change the time of holding said sessions, such change to be advertised one or more times in some newspaper published or having a general circulation in said county of Coffee. The judge of said court shall have power to hold said sessions and adjourn from time to time; provided, that said court shall not remain continuously in session at any time for longer than three weeks, and the judge of said court may set cases for trial at convenient times, and the same may then be tried whether court has been held from day to day until said time or not. Terms of.

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SEC. 4. That said city court Act be amended by striking therefrom section sixteen (16) of said city court Act. SEC. 5. That section twenty-seven (27) of said city court Act be amended by striking out the word sixteen (16) in the fourth line of said section and inserting in lieu thereof the words twenty-eight, so that said section, when amended, shall read as follows: 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 No. 1 twenty-eight names of persons to serve as jurors at the next term thereafter of said city court, and shall cause the clerk to record the names so drawn and then deposit the tickets in another box numbered two. 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 when, from failure to draw a jury in term time or from other cause it may be necessary to draw a jury for said city court in vacation. If from any cause it shall become necessary to draw a jury from said city court in vacation, either the judge of said city court or the superior court judge may at any time, fifteen days before the next term of said city court, in the presence of the clerk and the sheriff of said court, proceed to draw juries in the manner above described. The clerk of said court shall keep said jury boxes and the sheriff of said court shall keep the keys. It shall be the duty of the clerk of said court within six days after the appointment of the judge of said court, to prepare said jury list in boxes hereinbefore provided, and after said boxes are prepared the jury to serve at the first term of said court shall be drawn, as above provided for drawing juries in vacation. Juries, how drawn. SEC. 6. That section twenty-nine (29) of said city court Act be amended as follows: That the word sixteen in the first line of said section be stricken and the word twenty-eight substituted therefor; and the word shall in the sixth line of said section be stricken and the word may inserted in lieu thereof; that the word shall in the seventh line of said section be stricken and the word may be inserted in lieu thereof; that the word shall in the eighth line of said section be stricken and the word may inserted in lieu thereof. That the words of eight in the eighth line of said section be stricken and that the words by consent, agree to, and the word eight in the tenth line of said section be stricken; that the word three in the sixteenth line of said

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section be stricken and the word five inserted in lieu thereof; that the words one dollar and a half in the twenty-third line of said section be stricken and the words two dollars inserted in lieu thereof; so that said section, when amended, shall read as follows: Be it further enacted, That the twenty-eight jurors, drawn and summoned as above provided, shall be impaneled. In all cases, civil and 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 jury shall be selected as follows: In civil cases each side may have four strikes, and in criminal cases the [Illegible Text] may have five strikes and the State three strikes; eight may thus constitute a jury. When a jury shall have retired for the purpose of considering a case, the parties in any case may use the remaining jurors for the trial of such case, the first sixteen constituting a legal panel, to try other cases. If either party in a civil case or the 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 from said panel of sixteen jurors, as aforesaid. The sheriff of said court shall be entitled to a fee of five dollars for summoning the jurors for each term of said court, to be paid in the same manner as the sheriff of the superior court is paid for similar services. The jurors thus drawn on the regular panel, and likewise the talesmen, the judge of said court being empowered to have summoned instanter at any term of said court talesmen 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, and the city court jury script shall stand on the same footing in every respect as superior court jury script. Jury trials. SEC. 7. That section thirty-three (33) of said city court Act be amended as follows by striking the words the monthly or any other in the first line of said section and inserting in lieu thereof the word any, and by striking all of said section beginning after the word court in the seventh line of said section down to the word and in the thirteenth line of said section and inserting in lieu thereof and provided further, that in no event shall the defendant be allowed to demand an indictment by the grand jury of said county, and by adding the word should in the thirteenth line of said Act before the in said section, so that said section, when amended, shall read as follows: Be it further enacted, That at any session or term of said city court the judge thereof may hear and determine the case or cases of any person charged

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with the commission of any criminal offense within the jurisdiction of said court, on accusation, indictment or presentment, without a jury; provided, the person accused shall in open court waive a trial by a jury in said court; and provided further, that in no event shall the defendant be allowed to demand an indictment by the grand jury of said county. Should the accused waive trial by a jury in said court, the judge of said court shall have authority to try and dispose of said case at any time so soon as the State and the accused may get ready for trial, without waiting for a regular term of said court. When on investigation of a case on accusation the offense appears to be a felony, the trial shall be suspended and the defendant committed or bound over to the next term of the superior court of Coffee county as in preliminary examinations. Trials by judge. SEC. 8. That section thirty-eight (38) of said city court Act be amended as follows: By striking out the words brought to quarterly term in the sixth line of said section, and by striking out the words in civil cases brought to the monthly term, he shall receive for filing and docketing case twenty-five cents in the eighth, ninth and tenth lines in said section, and by striking out the word superior in the twelfth line of said section and inserting in lieu thereof the word supreme, and by striking out the words sued out monthly term cases, twenty-five cents, quarterly term in the twelfth and thirteenth lines in said section, and by adding to said section for copying process one dollar; for filing pleas and demurrers fifty cents, and for filing and recording any order twenty-five cents, so that said section, when amended, shall read as follows: Be it further enacted, That the fees of the clerk of said city court shall be as follows: Fees of clerk. For each criminal case tried on accusation $6 00 For each criminal case tried on indictment or presentment handed down from the superior court 3 00 For each commission to take testimony 1 00 For each subp[oelig]na 15 For filing and docketing civil cases 1 00 Copying process 1 00 For recording judgment and proceedings of same 1 50 For issuing and docketing fi. fa. 50 For full service in cases carried from said court to the supreme court, in each case 5 00 For fee on garnishment 50 For filing pleas and demurrers 50 For filing and recording any order 25 For other services required of him, the judge of said court may allow such compensation as he deems proper.

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SEC. 9. That section thirty-nine of said city court Act be amended as follows: By striking out the words except that for serving writs, processes, etc., in suits brought to the monthly term, he shall be entitled to only one dollar for papers thus served, same to include garnishment, for serving subp[oelig]nas fifty cents each in the fifth, sixth, seventh and eighth lines of said section, so that said section, when amended, shall read as follows: Be it further enacted, That fees of the sheriff of said court for service of writs, processes and all other papers generally for said court and for all other services therein rendered, shall be the same allowed the sheriff of the county for similar services rendered in and for the superior court. For his services in all criminal proceedings he shall be entitled to the same fees as allowed the sheriff in the superior court. For attending sessions of the said city court he shall be paid two dollars per day out of the county treasury. For other services not provided for, the judge of said court may by order fix the amount of compensation. Fees of sheriff. SEC. 10. That all laws in conflict with the above and foregoing be, and the same are, hereby repealed. Approved December 16, 1902. CITY COURT OF ELBERTON, SALARY OF JUDGE. No. 81. An Act to reduce the salary of the judge of the city court of Elberton from fifteen hundred dollars to twelve hundred dollars after the first of January, 1905, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the first day of January, 1905, the salary of the judge of the city court of Elberton shall be reduced from fifteen hundred dollars to twelve hundred dollars. City court of Elberton, salary of judge. SEC. 2. Be it further enacted, That all laws in conflict with this Act be repealed. Approved December 13, 1902.

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CITY COURT OF FAYETTEVILLE ESTABLISHED. No. 189. An Act to establish the city court of Fayetteville in and for the county of Fayette, to define its jurisdiction and powers, to provide for the election of a judge, solicitor and the appointment of other officers thereof and to define their powers and duties, to provide for pleading and practice, and new trials therein, and writs of error therefrom to the supreme court, and for other purposes. SECTION 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 Fayetteville, to be located in the city of Fayetteville, in the county of Fayette, is hereby established and created, with civil and criminal jurisdiction over the whole county of Fayette, concurrent with the superior court, to try and dispose of all civil cases of whatever nature wherein the amount claimed or involved inclusive of interest is as much as fifty dollars, except those of which the Constitution of this State has given the superior court exclusive jurisdiction, and with criminal jurisdiction to try and dispose of all offenses below the grade of felonies committed in the county of Fayette; that the jurisdiction herein conferred shall include not only the ordinary suits by petition and process, but also all other kind of suits and proceedings which now or hereafter may be in use in the superior 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 award, proceedings against intruders or tenants holding over, partitions of personalty issued upon distress warrants, foreclosure of all liens and mortgages and quo warrantos. City court of Fayetteville. Jurisdiction. SEC. 2. Be it further enacted by the authority aforesaid, That there shall be a judge of said city court who shall be elected by the qualified voters of the said county of Fayette, who shall hold his office for the term of four years, and if there should be a vacancy in the office of judge the Governor shall, by appointment, fill the same until the next regular election, when the judge shall be elected to fill the unexpired term, which election shall be held under the same rules as govern other elections, provided that if said vacancy occurs within thirty days of the next general election, then the appointment of the Governor shall continue for the remainder of the unexpired term. The judge of said city court shall receive a salary

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of five hundred dollars per annum, which shall be neither diminished or increased during his continuance, except to apply to a subsequent term in office, and which shall be paid quarterly by the treasurer of the county of Fayette. Said salary to be paid by said treasurer out of the funds in his hands arising from fines, forfeitures and convict hire, from cases tried in said city court, and from no other fund, of which fund said treasurer shall keep a separate account, and if said fund at the end of any quarter is not sufficient to pay said amount due said judge, then said salary to be paid by said treasurer whenever there shall be a sufficient amount in his hands to pay the same; provided, however, that if at the end of any year there has not been sufficient amount of fines and forfeitures and convict hire in the treasurer's hands to pay said salary, the same may be paid out of the general fund in the treasurer's hands if the grand jury of said county so recommends. The judge of said court shall receive no other compensation, but may practice law in any other court except his own. The first election for said judge shall be held on the 20th day of December, 1902. Judge. 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 at least twenty-four years old, a resident of Fayette county for two years immediately preceding his election. 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 person and do equal justice alike 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 courty of Fayetteville 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. Eligibility. Oath SEC. 4. Be it further enacted by the authority aforesaid, That there shall be a solicitor of said city court who shall be elected at the same time and in the same manner as the judge of said court, whose term of office shall be for four years and whose duties it shall be to prosecute all offenses cognizable before said city court. All vacancies in said office shall be filled in the same manner as prescribed in this Act for filling vacancies in the office of judge. The said solicitor shall receive the same fees for each written accusation as are allowed a solicitor-general for each indictment in the superior court, and his fees for all other services shall be the same as are allowed a solicitor-general of the superior court. In the absence or disqualification of said solicitor, the city court judge shall appoint

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a solicitor pro tem. who shall receive the same fee as are allowed to the regularly appointed solicitor of said court. Solicitor. 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. Fees of solicitor in supreme court. SEC. 6. Be it further enacted by the authority aforesaid, That the clerk and his deputies of the superior court of Fayette county shall be ex officio clerk and deputy 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 a 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 his deputy. SEC. 7. Be it further enacted by the authority aforesaid, That the sheriff of Fayette county shall be ex officio sheriff of said city court of Fayetteville, and in his official connection with said court he shall be known as the sheriff of the city court of Fayetteville. Before entering upon the discharge of the duties of his office said sheriff shall execute a bond with good security in the sum of two thousand dollars for the faithful discharge of the duties of his office. He shall have the same authority to appoint a deputy or deputies as provided in the Code of Georgia for the appointment of deputy sheriffs. Sheriff and his deputy. 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 office of clerk of the city court of Fayetteville and to the office of sheriff of the city court of Fayetteville respectively, and that the judge of said city court of Fayetteville 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 courts over the clerks and the superior courts and the sheriffs of the counties of Georgia. Duties of clerk and sheriff. SEC. 9. Be it further enacted by the authority aforesaid, That the clerk and sheriff of said city court, unless otherwise specified in this act, they and their deputies, shall receive for all services the same fees as are allowed by law for like services in the superior court, except they shall receive no per diem; they shall be amenable to the same processes and penalties as they are now amenable to as officers of the superior court, and they shall be entitled to the same remedies to enforce the collection of their fees

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and costs in said city court as they are now entitled to in the superior court. Fees of clerk and sheriff. 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 terms for the trial and disposition of criminal business and quarterly terms for the trial and disposition of either or both criminal and civil business. Time for holding said terms of said court shall be fixed by the city court judge, such terms to be as near equidistant as convenience will admit, notice of which shall be given by advertisement one time in newspaper where the sheriff's sales of Fayette county are published. The terms of said court shall be held at the court-house in the city of Fayetteville in said county of Fayette, 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, at 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 interests of the State and the accused, and may also hold adjourned terms of the regular monthly and quarterly terms of said city court, for which he may draw new juries or require the attendance of the same as in his sound legal discretion may seem best. Said city court judge may also, in his discretion, set cases for trial at convenient times, and the same may be then tried as at a term, whether court has been held from day to day until said time or not. Terms. SEC. 12. Be it further enacted by the authority aforesaid, That suits in said city court shall in all respects be conformed to the mode of proceeding in the superior court, except as hereinafter provided; 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 Fayetteville or the deputies thereof. SEC. 13. Be it further enacted by the authority aforesaid, That in all matters pertaining to 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. Pleading and practice. SEC. 14. Be it further enacted by the authority aforesaid, That

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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 thereon; 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 on or before the call of the docket at the term to which the cause was returnable in all cases where such party is entitled to a trial by a 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 of the superior court are; but 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 attested 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 Fayetteville, 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 on under execution or other process from said court and such claims shall be tried in the same manner as claims in the superior courts. Claim cases. SEC. 17. Be it further enacted by the authority aforesaid, That claims to real property levied on under execution or other process from said city court shall be returned to the superior court of the county where such real property is situated, and shall there proceed as other claims in the superior courts. Claims to realty. SEC. 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 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 Fayetteville, 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.

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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, or illegality, arbitration, examination of parties to suits or witnesses by interrogatories or under subp[oelig]nas, witnesses and their attendance, continuance or other matters of a judicial nature within the jurisdiction of said city court, shall be applicable to said city court. Practice. SEC. 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 judge and other officer of the superior courts may in like cases do; and said judge shall have power to attest deeds and other papers, and administer affidavits in all cases anywhere in the State in which, by existing laws, deeds and papers may be attested and affidavits administered by justices of the peace of this State, and the judge of the said city court shall have all the powers and authority throughout his jurisdiction of judges of the superior courts and all laws relating 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. 23. Be it further enacted by the authority aforesaid, That said city court of Fayetteville shall be a court of record, and shall have a seal, and the minutes, records, order and other books and files that are required by law, and rules to be kept for the superior court shall be kept in and for said city court, and in the same manner, and all laws applicable to the duties of the clerk and sheriff in said superior court shall apply to them in said city court, except where they conflict with the provisions of this Act. Court of record. SEC. 24. Be it further enacted by the authority aforesaid, That all laws regulating the enforcing of judgments of the superior courts, whether civil or criminal, shall apply to said city court, and executions shall issue and be levied and sale be had thereunder, under the same rules and laws governing the same in the superior courts. Judgments. SEC. 25. Be it further enacted by the authority aforesaid, That the judge of said city court shall have the power to enforce his

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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. Judge, powers of. SEC. 26. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of said city court of Fayetteville to prepare and file in his office a complete copy of the traverse jury list of the superior court of Fayette county, as provided from time to time for such superior court. From said copy so made, traverse juries in said city court shall be drawn in the following manner: The clerk of said city court of Fayetteville shall write upon separate tickets the names of each traverse juror, and shall number the same and place the same in a box to be prepared for the purpose, from which shall be drawn sixteen traverse jurors in the manner as now required by law in the superior courts. All laws with reference to the drawing, selecting and summoning traverse and tales traverse jurors in the superior courts shall apply to the city court, except that the sheriff shall be paid three dollars for summoning said jurors. All exemptions from jury duty now in force in the county of Fayette 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, impaneling, fining and challenging jurors, now in force in this State, or hereafter enacted by the General Assembly, regulating the same in the superior courts, shall apply to and be observed in said city court, except when inconsistent with the provisions of this Act. Jurors. SEC. 28. Be it further enacted by authority aforesaid, That the 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 all civil cases each side shall be allowed two strikes, and in criminal cases the defendant shall be allowed three strikes and the State one strike from said panel. The jurors, those drawn on the regular panel and likewise the talesman, which the judge of said court is hereby empowered to have summoned instanter at

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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 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, with the approval of the judge, is authorized to appoint at each term of said court not exceeding two bailiffs as officers of said court, who shall receive for their services one dollar and a half per day. Bailiffs. SEC. 30. Be it further enacted by authority aforesaid, That all criminal cases in said city court shall be tried by the judge thereof without a jury, except when the accused, in writing, shall demand a jury. A plea to the accusation shall be a waiver of the jury, and the accused shall not thereafter have the right to recall such waiver. If upon the trial of any case it shall appear to the judge that the evidence makes the case a felony against the accused, he shall thereupon suspend the trial and commit or bail over the defendant to the next superior court, as in preliminary examinations. Trials of 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 city court, and in all criminal cases within the jurisdiction of said city court the defendant shall not have the right to demand an indictment by the grand jury of Fayette county; all the proceedings after accusation shall conform to the rules governing the cases in the superior courts, except there shall be no jury trial unless demanded by the accused as hereinbefore provided. In all cases tried the accusation shall set forth the offense charged with the same particularity both as to matter of form and substance as is 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 Fayette 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; provided, that in all transferred cases the solicitor-general of the Flint circuit shall be entitled to hisaccrued cost to be collected as herein provided for cost of solicitor of the city court. Misdemeanors transferred to. 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, notary publics of Fayette county to bind over to said city court all persons charged with offenses committed within the limits of Fayette county, over which said city court has jurisdiction, there to answer for said offenses. Appearance bonds. SEC. 34. Be it further enacted by the authority aforesaid, That a writ of error shall lie from said city 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 of filing of bills of exception in the superior courts of this State. Writs of. SEC. 35. Be it further enacted by the authority aforesaid, That in all cases in said city court the same power and right to waivers, pleadings and procedure or other matters pertaining to the same, shall be allowed and upheld as is given by the laws and rules to parties in the superior courts. Waivers. 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, 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 Fayette, may be brought in said court, whether its jurisdiction has been 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. Several [Illegible Text] 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. 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

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judgment term, and all the laws, rules and practices in said court with reference to terms thereof and to the continuance, pleadings, and trial of causes therein shall be the same as in the superior court, unless otherwise provided in this act. Appearance and trial terms. SEC. 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 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 provided for in the superior courts. 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 directions be given, the court shall be adjourned to the next regular term. Judge, absence of. SEC. 42. Be it further enacted by the authority aforesaid, That in all civil cases where the amount involved is less than one hundred dollars in said court, the fee for the officers of said court, to wit, the sheriff and clerk, shall be the same as that now provided, by law for justices of peace and constables in like cases. Fees of officers. SEC. 43. Be it further enacted by the authority aforesaid, That all money arising from fines, forfeitures, forfeited recognizances and convict hire arising in said city court shall be distributed and disposed of as follows: 1st. All cost due the solicitor of said city court, the clerk, the sheriff, justices of the peace, bailiffs, and in cases transferred from the superior court, solicitor-general of the superior court shall be paid his accrued cost in said case, or if there is not enough money to pay said cost in full in any particular case, then to be prorated among said officers. 2d. [Illegible Text] paying the cost in the case bringing the money into court as above described, if there is any money left it shall be prorated between the sheriff, the clerk, solicitor, justices of the peace and constables according to their insolvent costs list in cases in said city court. In all cases transferred from the superior court the solicitor-general of the superior court shall be paid his accrued cost in the case bringing the money into court. All other money arising in cases tried in said court as above set out after paying the cost above described shall be paid into the treasury of Fayette county, and the Treasurer shall keep a separate account of said fund for the payment of the judge of said court as hereinbefore provided, and after the payment of said judge the remainder shall be used for county purposes. No officer shall receive any money on his insolvent cost bill, unless it

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has first been approved by the judge of said city court and has been placed on the minutes thereof. The said insolvent bill of said officers herein named shall be a lien on said fund superior to any other lien. Fines, for feitures, etc., disbursement of. SEC. 44. Be it further enacted by the authority aforesaid, That the commissioners of roads and revenue of the county of Fayette shall provide the necessary books for keeping the dockets, minutes and records of said court. Records. SEC. 45. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this act be, and the same are, hereby repealed. Approved December 18, 1902. CITY COURT OF HAMILTON ESTABLISHED. No. 55. An Act to establish the city court of Hamilton, in Harris county, Georgia, 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, That from and after the passage of this Act the city court of Hamilton is hereby established, to be organized, located and held in the city of Hamilton, with jurisdiction, civil and criminal, over the entire county of Harris. City court of Hamilton. SEC. 2. Be it further enacted by the authority aforesaid, That said city court of Hamilton 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. Jurisdiction. SEC. 3. Be it further enacted by the authority aforesaid, That said city court of Hamilton shall have jurisdiction to try and dispose of all criminal cases for all offenses committed in the county of Harris where the offender is not subject to loss of life nor confinement in the penitentiary. Jurisdiction in criminal cases. SEC. 4. Be it further enacted by the authority aforesaid, That there shall be a judge of said city court of Hamilton, who shall be appointed by the Governor of the State, by and with the advice

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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 the 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 [Illegible Text] shall receive a salary of eight hundred dollars per annum, which shall not be increased or diminished during his term of office, and shall be paid quarterly out of the treasury of the county of Harris. Judge. SEC. 5. Be it further enacted by the authority aforesaid, That any person who shall be appointed judge of said city court must be, at the time of said appointment, at least twenty-four years of age; he must also have been a resident of Harris county 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 Hamilton, according to the best of my ability and understanding, according to the laws and Constitution of the 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 Hamilton. Judge, qualifications. Oath. SEC. 6. Be it further enacted by the authority aforesaid, That there shall be a solicitor of the city court of Hamilton, 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 such office shall be filled by appointment of the Governor for the residue of the unexpired term, such appointment being subject to the approvel of the Senate, which may be then in session, or if the Senate is not in session at the time of such appointment, or shall fail to act, then subject to the approval of the Senate at the next session thereafter; provided, that the solicitor first appointed

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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 ten dollars for each case tried in said court. Said solicitor, before entering upon the duties of his office, shall give bond with good security in 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 Hamilton, 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. whose fee shall be the same for like service as the solicitor of this court. Solicitor. SEC. 7. Be it further enacted by the authority aforesaid, That the clerk of the superior court of Harris county shall be ex officio clerk of said city court, and shall perform in said city court the same duties that are by law required of him as an officer of the superior court, so far as the same are applicable; and for his services he shall receive the same fees he is entitled to receive for similar cases or services in the superior court, except in cases where the principal sum is less than one hundred dollars he shall receive half the costs allowed in the superior courts of this State for like services. 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 Harris county shall, by virtue of his office, be sheriff of said city court of Hamilton, and in his official connection with said court shall be known as the sheriff of the city court of Hamilton. 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 bond in the sum of one thousand dollars, conditioned as the bonds of other deputy sheriffs.

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Said bond shall be approved by the judge of said court and recorded on the minutes of said court. Said sheriff shall receive the same fees as are now, or may be hereafter, allowed by law to the sheriff of Harris county, and for his attendance at the regular terms of said city court, he shall receive five dollars per diem, [Illegible Text] be paid out of the fines and forfeitures coming into said court; provided, that in civil cases when the principal sum is less than one hundred dollars, he shall receive one-half of the costs allowed in the superior courts for like services. Sheriff and deputy sheriff. SEC. 9. Be further it enacted by the authority aforesaid, That the judge of the city court of Hamilton 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 clerks and sheriffs and deputy sheriffs in the counties of Georgia. Judge, authority of. SEC. 10. Be it enacted by the authority aforesaid, That the judge of the city court of Hamilton 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 the State; and said judge, solicitor, clerk and sheriff and deputy sheriff 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 purpose of perpetuating testimony within his jurisdiction, and generally to do all acts which the judges of the superior courts of this State are authorized to do, unless otherwise provided for in this Act. And said judge of the city court of Hamilton 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 judge of the superior court; and all laws relating to and governing judges of the superior court shall apply to the judge of said city court of Hamilton, so far as the same may be applicable, except as herein provided. Officers, 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 of said court shall begin on the first Monday in each month, and the quarterly session shall begin on the first Monday

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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, and 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. Terms. SEC. 12. Be it further enacted by the authority aforesaid, That the monthly sessions of said court shall have jurisdiction in all civil cases where the principal sum claimed or the damages do not exceed one hundred dollars. And the quarterly sessions of said court shall have jurisdiction of all suits brought therein, regardless of the amount claimed. Judgment 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 shall be postponed for trial to the next term of said court; provided, that if either party demands a jury trial, the case shall be postponed to the next quarterly session of said court, except that if the demand be made at the quarterly session, in which event the case may proceed to trial; and provided further, that all suits brought to the quarterly sessions of said court shall be tried by a jury. In all suits for one hundred dollars or less the same shall be filed in the office of the clerk of said court fifteen days before the term of said court, and a copy of the same shall be served on the defendant ten days before term time of said court by the sheriff or his deputy of said court. Jurisdiction at monthly sessions. At quarterly sessions. SEC. 13. 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 to all suits where the principal sum or the damages claimed exceed one hundred dollars, attested in the name of the judge thereof, and be directed to and served by the sheriff or his deputy of said city court of Hamilton, 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 Hamilton, and to all and singular the sheriffs or their deputies of the State of Georgia. Proceedings in. SEC. 14. Be it further enacted by the authority aforesaid, That

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in all matters pertaining to service and pleading and practice the laws governing in the superior court, when not inconsistent with this Act, and unless otherwise specially provided for in this Act, shall be applicable to said city court. Pleading and practice. SEC. 15. 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, either party in any civil cause pending in said court shall be entitled to trial by jury under the Constitution and laws of this State as set out in section 12 of this Act. Trials 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 under process from said court, which claim shall be tried in the same manner as claims in the superior court, except the pleadings in the case shall make the issue, and it shall be unnecessary for the parties to tender and join issue in claim cases as is practiced in other courts. Claim cases. SEC. 17. 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 said city court will admit. The judge of said city court, or any 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 Hamilton shall be directed to all and singular the sheriffs and constables of this State, and may be served by the sheriff of the city court or his deputy, or any sheriff or constable or other officer authorized by law to levy attachments returnable to other courts. Attachments and garnishments. SEC. 18. 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 courts. SEC. 19. 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. SEC. 20. 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, arbitrations, examination of witnesses by interrogations or under subp[oelig]na, witnesses and their attendance, continuances, motions for new trials, and all matters pertaining to pleading

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and practice, and all matters of a judicial nature within the jurisdiction of the said city court, shall be applicable to said city court. Pleading and practice. SEC. 21. Be it further enacted by the authority aforesaid, That the said city court of Hamilton 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 said city court, except where they conflict with the provisions of this Act; and the clerk of said court shall keep a record, upon which he shall file and record all declarations in 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 the same to be taxed in bill of costs. Court of record, duties of officers. SEC. 22. Be it further enacted by the authority aforesaid, That all laws regulating the enforcement of judgments of the superior courts, whether civil or criminal, shall apply to said city court, and 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. 23. Be it further enacted by the authority aforesaid, That the judge of the city court of Hamilton shall have the power to enforce his orders, to preserve order, to punish for contempt and to enforce all judgments as is vested by law in the judges of the superior courts of this State. Contempt. SEC. 24. Be it further enacted by the authority aforesaid, That traverse jurors in the city court of Hamilton 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 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 impaneling traverse jurors in the superior court shall apply to the city court of Hamilton; provided, that the number of jurors so drawn shall be sixteen 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 as the judges of the superior courts have for the superior

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courts. Jurors of said city court shall receive two dollars per day for the time they serve in said court, to be paid out of the treasury of the county of Harris. The sheriff shall be entitled to two dollars as a fee for summoning the jurors each term, to be paid in like manner. Jurors. SEC. 25. Be it further enacted by the authority aforesaid, That all laws with reference to the qualification, impaneling, challenging and fining jurors now of force or hereafter to be enacted, 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. Jurors SEC. 26. Be it enacted by the authority aforesaid, That all civil cases pending in said city court in which a jury is demanded by the terms of this Act, and all criminal cases in which the defendant shall demand a jury as provided for in this Act, a jury trial shall be had in term time under the provisions of this Act by a jury of twelve men. And all civil and criminal cases in which no jury is demanded shall be disposed of by the court in term time without the intervention of a jury, except where inconsistent with the provisions of this Act. Trials. SEC. 27. 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. The defendant shall not have the right to demand an indictment by the grand jury of Harris county. Accusation. SEC. 28. Be it further enacted by the authority aforesaid, That when any criminal case in the city court, founded either upon indictment or presentment by the grand jury, or upon an accusation in said city court, is called for trial, and before the arraignment of the defendant, the judge shall inquire of the defendant whether he demands a trial by jury, and the response of the defendant shall be entered on said indictment or accusation and signed by prosecuting officer in said court. If the defendant demands a trial by jury, the court shall proceed to try him as is provided in section 26 of this Act; provided always, that a reasonable time may be granted the State or defendant to procure witnesses. Jury trial if demanded SEC. 29. Be it further enacted by the authority aforesaid, That the judge of the superior court of Harris county may transfer any or all presentments or bills of indictment for misdemeanors to city court for trial, the order so transmitting the same to be entered on the minutes of both courts. Cases transferred.

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SEC. 30. 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 as the judges of the superior courts have, and their pay shall be determined by the judge of said court, to be paid out of the fines and forfeiturers arising in said court. Bailiffs. SEC. 31. Be it further enacted by the authority aforesaid, That writs of error direct from said city court of Hamilton 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. 32. Be it further enacted by the authority aforesaid, That the judge of said city court of Hamilton shall have power to grant new trials in all cases, civil and criminal, in said court upon the same terms and conditions, and under the same laws and regulations, in every respect, governing the granting of new trials in the superior courts. All rules of pleading, practice and procedure governing motions for new trials in the superior courts, and in the hearing and determination 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 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 laws, rules and practice in the superior courts with reference to terms thereof shall apply to the city court of Hamilton, unless in conflict with this Act or otherwise provided herein. Appearance and trial terms. SEC. 34. 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 court, as provided in the Constitution of this State, then, upon consent of parties or upon the failure or refusal to agree, said case may be tried by a judge pro hac vice selected in the same manner as is now provided for in the superior courts. Judge pro hac vice. SEC. 35. 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 this State, and the money arising from such hire shall constitute part of the insolvent fund of said court, and shall be paid out by said judge, together with fines and forfeitures, as provided in section 36 of this Act. Convicts, hire of.

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SEC. 36. Be it further enacted by the authority aforesaid, That at or within ten days after each regular term of said city court, 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, 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, the solicitor-general, clerk and sheriff of the superior court, and justices of the peace and constables, on their bills of costs in transferred cases. And if at any time there should be a surplus of the insolvent fund arising from cases originating in the city court, after paying all insolvent costs on cases originating in the city court, the same shall be applied to 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 cost 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 fund superior to all other liens. Fine, forfeitures and convict hire, how disbursed. SEC. 37. Be it enacted by the authority aforesaid, That the board of commissioners of roads and revenues of Harris county shall provide the necessary books for keeping the dockets, minutes and records of said city court, and all other books and stationery to run said city court, and that city court shall be held in the court-house of Harris county, in the city of Hamilton. Books, how provided. SEC. 38. Be it further enacted by the authority aforesaid, That in misdemeanor cases transferred from the superior court to the city court of Hamilton, the cost of the solicitor-general of the circuit shall be five dollars, to be collected and paid as other costs in said city court. Solicitor-general, fees of. SEC. 39. Be it further enacted by the authority aforesaid, That the judge of the superior court of Harris county may transfer all criminal cases coming within the jurisdiction of said city court of Hamilton, to said city court in term time or vacation. Transfers, how made. SEC. 40. Be it further enacted by the authority aforesaid, That the several justices of the peace of Harris county in admitting

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defendants to bail in misdemeanor cases, and all other parties or officers taking bond for appearance of any defendant who stands charged with a misdemeanor, shall make same returnable to said city court of Hamilton. Appearance bonds SEC. 41. 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 the bond, said bond shall be forfeited, 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 Hamilton, 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. Bonds, how forfeited. SEC. 42. Be it further enacted by the authority aforesaid, That the solicitor of the city court of Hamilton 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 performance of such service, and the certificate of the clerk of the city court of the insolvency or acquittal of the defendant. Solicitor, fees of in Supreme Court. SEC. 43. Be it further enacted by the authority aforesaid, That this Act shall take effect immediately upon its passage and the approval of the Governor, and the first term of said city court of Hamilton shall be on the first Monday in January, 1903. First term. SEC. 44. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 8, 1902.

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CITY COURT OF JEFFERSON ABOLISHED. No. 44. An Act to repeal an Act entitled an Act to establish the city court of Jefferson, in Jackson 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, approved November 30, 1897, and to abolish the city court of Jefferson, established and organized under the above recited Act, and to provide when this Act shall go into effect, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the city court of Jefferson, created and organized under and by virtue of an Act entitled an Act to establish the city court of Jefferson, in Jackson 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, approved November 30, 1897, be, and the same is, hereby abolished, and said Act is hereby repealed. City court of Jefferson abolished. SEC. 2. Be it further enacted, That the provisions of this Act shall not go into force and be of effect until the passage and the approval by the Governor of an Act to establish the city court of Jefferson, which shall be located in the city of Jefferson, Jackson county, Georgia; to define its jurisdiction and powers; to provide for the appointment of a judge and solicitor of said city court, and other officers thereof; to provide for pleading and practice and new trials therein; also for writs of error from said city court to the Supreme Court, and for other purposes. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 5, 1902.

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CITY COURT OF McRAE ESTABLISHED. No. 18. An Act to establish the city court of McRae, in the city of McRae, in and for the county of Telfair; 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 the authority of the same, That the city court of McRae, to be located in the city of McRae in the county of Telfair, is hereby established and created, with civil and criminal jurisdiction over the whole county of Telfair, 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 Telfair; 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, attachment and garnishment proceedings, illegalities, counter-affidavits to any proceedings from said court, statutory awards, proceedings against intruders and tenants holding over, partitions of personalty, issues upon distress warrants, foreclosure of all liens and mortgages and quo warranto; 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 McRae, 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 the office of judge shall be filed by appointment by the Governor for the residue of the unexpired term; but should a vacancy occur when the Senate is not in session, the Governor shall make

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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 Telfair, 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 twenty-five years of age, a resident of Telfair 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 McRae, 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. Eligibility to judgship. Judge, oath and salary. 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 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 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

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solicitor-general of the superior court is paid for like services rendered in the Supreme court. Fees of in Supreme Court. SEC. 6. Be it further enacted by the authority aforesaid, That the clerk of the superior court of Telfair county shall be the clerk of the city court of McRae, 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 Telfair county shall be the sheriff of the city court of McRae. 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 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 the authority aforesaid, That all the duties and liabilities attached to the office of clerk of the superior court, and to the office of sheriff of the superior court, shall be attached to the office of clerk of the city court of McRae, and to the office of sheriff of the city court of McRae, respectively, and that the judge of the said city court of McRae 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. Clerk and sheriff, duties and liabilities of. 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 court shall, in his discretion, allow. They shall be amenable to the same processes and penalties as they are now amenable to as officers of the

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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. Clerk and sheriff, per diem and fees of. 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 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 terms for the trial and disposition of criminal and civil business to be held on the third Mondays in each month. Said court shall have jurisdiction at the monthly terms thereof to dispose of all civil business where the amount of the principal sued for does not exceed the sum of one hundred dollars, and said terms shall be the trial terms as to said civil business. The quarterly terms of said court shall be held for the trial and disposition of either or both criminal and civil business, to be held on the third Mondays in January, April, July and October. The first term of said court under this Act shall be held on the third Monday in December, 1902. The terms of such court shall be held at the court-house in the city of McRae, in the county of Telfair, 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 he may deem 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 the court has been held from day to day until said time or not, and that the clerk and sheriff each be entitled to two dollars costs in each case at the monthly term for their services. 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 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 McRae, or his deputies thereof. Proceedings. SEC. 13. Be it further enacted by the authority aforesaid, That

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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. Pleadings nd 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 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 McRae, 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 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 returnable to said court shall be directed to the sheriff or his deputies of the city court of McRae, and to all and singular the sheriffs and constables of this State, and the judge of said court may, or any

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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 on distress warrants in said city court, shall be conformable to the laws of the State on the subjects in the superior courts. 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. Parties. SEC. 21. Be it further enacted by the authority aforesaid, That the general laws of the 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 attendance, continuances, or other matters of a judicial nature within the jurisdiction of the said city court, shall be applicable to the said city court. Proceedings. 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 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 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 the said city court of McRae 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,

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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 said city court, and executions will issue and be levied and sale had thereunder under the same rules and laws regulating the same in the superior courts. Judgments. SEC. 25. Be it further enacted by the authority aforesaid, That 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 court in this State. Contempt. SEC. 26. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of the city court of McRae to prepare and file in his office a complete copy of the traverse jury list of the superior court of Telfair 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 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 superior courts. All laws with reference to 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 Telfair 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, impaneling, 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. Jurors. SEC. 28. Be it further enacted by the authority aforesaid, That the sixteen jurors drawn and summoned as above provided shall be impaneled, and in all cases, civil or criminal, 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

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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 jury of twelve, then, in civil cases, each side shall be allowed two strikes, and in criminal cases the defendant shall be allowed three strikes and the State one strike from said panel. The jurors, those drawn on the regular panel, and likewise the talesmen which the judge of said court is hereby empowered to have summoned instanter at any term of said court whenever necessary to complete a panel, shall each receive the sum of $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 Telfair 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,

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as is required by the laws and rules of criminal pleadings 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 Telfair 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. 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 Telfair county to bind over to said city court all persons charged with offenses committed within the limits of Telfair county, over which said city court has jurisdiction, there to answer for said offenses. Appearance bonds 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. Writs 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 same, shall be allowed and upheld by the laws and rules to parties in said superior court. Pleadings and 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 motions, rules nisi, and other proceedings in new trials in the superior courts, shall apply to and govern the same in said city court. When a criminal case is heard at a special session of said city court, and the defendant desires to move for a new trial, such motion must be made and passed upon by the judge of said city court within five days after the rendition of the judgment complained of and not afterwards, unless for good cause, 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.

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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 Telfair, 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. Suits against several defendants. 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. 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 can not, 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. Adjournment. 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 Telfair 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

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presentments up to the time of the transfer; provided further, that in all cases the magistrate binding over in any preliminary hearing shall be entitled to share, as to his costs in the particular case with the other officers of the said city court, upon same terms in any fines or forfeitures that may arise therefrom. Fines and forfeitures, how applied. 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 Telfair, 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 McRae. Books for, how provided. SEC. 44. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 26, 1902. CITY COURT OF MOULTRIE, ACT ESTABLISHING AMENDED. No. 107. An Act to amend an Act to establish the city court of Moultrie, in and for the county of Colquitt, approved November 13, 1901, so as to provide that said city court shall not have jurisdiction over causes or matters to try and dispose of same where the amount involved does not amount to the sum of fifty dollars. 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 2 of an Act to establish the city court of Moultrie, in and for the county of Colquitt, said Act approved November 13, 1901, and recorded on page 136 of Acts of the General Assembly of 1901, be, and the same is, hereby amended by striking out all of the words in said section 2 after the word provided, in line four of said section, and inserting in lieu thereof the following words: That said court shall not have jurisdiction to try and dispose of any cause or matter wherein the amount involved does not amount to the sum of fifty dollars, or more, except in cases where justice's courts have no jurisdiction, so that when said section is so amended, it shall read as follows: Section 2. Be it further enacted, That said city court of Moultrie shall have

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jurisdiction to try and dispose of all cases of whatever nature, except cases over which exclusive jurisdiction is vested in other courts; provided, that said court shall not have jurisdiction to try and dispose of any cause or matter wherein the amount involved does not amount to the sum of fifty dollars, or more, except in cases where justice's courts have no jurisdiction. City court of Moultrie, jurisdiction. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902. CITY COURT OF SANDERSVILLE, ACT ESTABLISHING AMENDED. No. 181. An Act to amend an Act approved October 31, 1901, creating the city court of Sandersville; to prescribe the fees of the officers of said court; provide for their compensation and the manner in which they shall be paid; the manner of holding of special terms, 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 that section 4 of the Act creating the city court of Sandersville, approved October 31, 1901, be, and the same is, hereby amended by striking out the latter portion of said section, to wit, the words 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. 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, and inserting in lieu thereof the following words: The said solicitor shall receive a salary of six hundred ($600.00) dollars per annum, to be paid monthly, at the rate of fifty ($50.00) dollars per month, by the treasurer of the county of Washington, the salary of the said solicitor to be paid from sums arising from the fines and forfeitures of said city court of Sandersville whenever there is a sufficient amount of the same in the hands of the said treasurer. Should there at any time when said solicitor's salary becomes due

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(which shall be on the first day of each month) not be in the hands of said treasurer enough of said fund to pay said salary, then the balance lacking, after the funds arising from the fines and forfeitures of said court have been exhausted, shall be made up and paid out of any other funds in the hands of said treasurer until the full sum of fifty dollars is paid. Said solicitor shall receive no other compensation except that provided for in section 5 of said Act for services in the Supreme Court. In the absence or disqualification of said solicitor, the city court judge shall appoint a solicitor pro tem., who shall receive for every case finally disposed of in said court, founded upon open accusation or indictment, a fee of ten dollars, to be paid by the treasurer of Washington county upon a certificate or order of said city court judge; provided, however, that said solicitor pro tem. shall receive at any one term of said court more than twenty ($20.00) dollars. City court of Sandersville, salary of solicitor of. SEC. 2. Be it further enacted by the authority aforesaid, That section 6 of the above recited Act be, and the same is, hereby amended by adding to said section at the end thereof the following words, to wit: Said deputy clerk to receive no fees for services rendered during the sitting of said city court of Sandersville. Deputy clerk of, fees of. SEC. 3. Be it further enacted by the authority aforesaid, That section 9 of said Act be, and the same is, hereby amended by inserting after the word court and before the word they, in the fifth line thereof, the following words: Except that the sheriff of said court shall receive no more than three ($3.00) dollars per day for each day he attends said court while in session, so that said section, when amended, shall read as follows: Section 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, except that the sheriff of said court shall receive no more than three ($3.00) dollars per day for each day he attends said court while in session; 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. Clerk and sheriff, fees, duties and liabilities of. SEC. 4. Be it further enacted by the authority aforesaid, That section 11 of said Act be, and the same is, hereby amended by inserting after the word accused, at the end of the seventeenth

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line thereof, and before the word and, at the beginning of the eighteenth line thereof, the following words: At which special or called terms of said court the sheriff and clerks shall not receive any fee for attendance upon court. Fees of officers at special terms. SEC. 5. Be it further enacted by the authority aforesaid, That section 41 of said Act be, and the same hereby is, repealed, and in lieu and instead thereof it is hereby enacted as follows: That all fines and forfeitures arising from cases tried in said city court shall be paid over to the treasurer of said county, who shall keep a separate account of the same, and said treasurer shall pay to the several officers their cost in each particular case according to the order of the city court judge. Twenty-five per cent. of said fines and forfeitures shall be paid by said treasurer to the solicitor-general of the Middle Circuit on his insolvent cost-bill in Washington county, and the remaining seventy-five per cent. to be retained by the treasurer as the property of the county, and put into the general county funds. Should twenty-five per cent. of the fund arising from the fines and forfeitures at any time be more than sufficient to pay off the insolvent cost-bill of said solicitor-general, 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 all the various justices of the peace and constables of said county their entire cost 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 and forfeitures, how applied. SEC. 6. Be it enacted by the authority aforesaid, Provided, however, that the provisions of this Act relative to the salary of the solicitor shall not become effective until after November 1, 1903. SEC. 7. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902.

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CITY COURT OF SYLVANIA ESTABLISHED. No. 93. An Act to establish the city court of Sylvania, in and for the county of Sereven; to define its jurisdiction and powers; to provide for the election or appointment of a judge, solicitor and other officers thereof, and to define their powers and duties; to provide for pleading, practicing and new trials therein; for the carrying of cases direct from said city court to the Supreme Court by bill of exceptions or writ of error, 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 Sylvania, to be located in the city of Sylvania, in the county of Screven, is hereby established and created, with jurisdiction, civil and criminal, over the entire county of Screven. City court of Sylvania. SEC. 2. Be it further enacted by the authority aforesaid, That the said city court of Sylvania shall have jurisdiction to try and dispose of all cases of whatever nature, except those cases over which the superior court has exclusive jurisdiction, or over which exclusive jurisdiction is given by the Constitution of Georgia; provided, that in all civil cases tried in said city court where the principal amount involved is less than fifty dollars, the defendant shall not be liable for more than justice court costs; that the jurisdiction herein conferred shall include not only the ordinary suits by petition and process, but also all other kinds of suits and proceedings which now, or hereafter, may be in use in the superior courts, either under the common law or statute, including, among others, attachment and garnishment proceedings, illegalities, counter-affidavits to any proceeding from said court, statutory awards, proceedings against intruders or tenants holding over, partitions of personalty, issues upon distress warrants, foreclosures of all liens and mortgages and quo warrantos. Jurisdiction of civil cases. SEC. 3. Be it further enacted by the authority aforesaid, That said city court of Sylvania shall have jurisdiction to try and dispose of all criminal cases for all offenses below the grade of felony committed in the county of Screven. Of criminal cases. SEC. 4. Be it further enacted by the authority aforesaid, That there shall be a judge and solicitor of said city court of Sylvania,

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who shall be appointed by the Governor, by and with the advice and consent of the Senate, whose terms of office shall be four years, and all vacancies in said offices shall be filled by appointment by the Governor for the residue of the unexpired term, such appointment being subject to the approval of the Senate, which may be in session at the time of said appointment; provided, that if the Senate be not in session at the time of the appointment of said officers for the regular term or for filling of an unexpired term, or if they should fail to act, then such appointment shall be subject to the approval of the Senate at its next session thereafter. The judge of said city court of Sylvania shall receive a salary of nine hundred dollars per annum, subject to the approval of the grand jury at the May term, 1903, of Screven superior court, which jury is hereby charged with the fixing of the salary of said judge, not to exceed twelve hundred dollars per annum, and not to be less than six hundred dollars per annum, which salary shall not be there-after increased or diminished during the term of office of said judge; and provided, that should the said grand jury at the May term, 1903, of Screven superior court fail or refuse to fix said salary of said judge, then said salary shall be and remain as herein fixed at the sum of nine hundred dollars per annum, and said salary shall be paid monthly out of the treasury of the county of Screven; provided further, that while said salary, after being once fixed as above stated, can not be changed during the term of office of said judge, that the grand jury of said county, at the last meeting of said jury before the expiration of any term of office of said judge, shall fix the salary of said judge for the next term; and should said grand jury fail or refuse to fix said salary for said next term, then said salary shall remain the same as it was for the term of office last preceding, and shall not thereafter be changed during said next term of office. It shall be the duty of the officers of Screven county, charged with the duty of making provision annually for the levying of taxes, to provide for the paying of said judge's salary. Judge and solicitor, appointment of. Salary of judge. SEC. 5. Be it further enacted by the authority aforesaid, That no person shall be appointed to the judgeship of the said city court of Sylvania unless at the time of his appointment he is at least twenty-seven years of age, a resident of Screven county for the two years next preceding his appointment, and must have been actually and actively practicing law for the three years next preceding his appointment. He shall, before entering upon the duties of his office swear and subscribe to the following oath: I solemnly swear

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that I will administer justice without respect to person, and do equal right to the poor and rich, and that I will faithfully and impartially discharge all duties that may be required of me as judge of the city court of Sylvania, of Screven county, 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 forwarded to the Governor and filed in the executive department. Eligibility to judgeship. Oath of judge. SEC. 6. Be it further enacted by the authority aforesaid, That no person shall be appointed solicitor of said city court of Sylvania, unless at the time of his appointment he be at least twenty-one years of age, a resident of Screven county for the two years next preceding his appointment, and must have been actually and actively practicing law for the three years next preceding his appointment. Said solicitor shall receive the same fees for each written accusation as are allowed a solicitor-general for each indictment in the superior court, and his fees for all other services rendered shall be the same as are allowed a solicitor-general for like services in the superior court, except that his fees shall in no case, against any one defendant, exceed fifteen dollars, exclusive of his fees in the Supreme Court. In the absence or disqualification of said solicitor of said city court, the judge of said court shall appoint a solicitor pro tem., who shall receive the same fees as are allowed the regularly appointed solicitor of said court. Said solicitor 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. Said solicitor, before entering upon his duties as such solicitor, shall take and subscribe the following oath: I do solemnly swear that I will faithfully and impartially, without fear, favor or affection, discharge all my duties as solicitor of the city court of Sylvania; so help me God, which oath shall be forwarded to the Governor and filed in the executive department. Said solicitor shall give bond with good and sufficient security in the sum of one thousand dollars, payable to the Governor and his successors in office, for the faithful discharge of his duties as solicitor; said bond to be approved by the judge of said court. The oath and bond of said solicitor, and the oath of said judge, shall be entered upon the minutes of said court. Solicitor Fees of. SEC. 7. Be it further enacted by the authority aforesaid, That there shall be a clerk and sheriff of said city court, each of whom shall be at least twenty-one years of age and a qualified voter of

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the county of Screven, and each of whom, before entering upon the duties of his office, shall take oath to faithfully and impartially discharge the respective duties of clerk and sheriff of said court, which oaths shall be entered upon the minutes of said city court, and each of whom shall give bond with good security in the sum of five hundred dollars, for the faithful discharge of his respective duties, which bonds shall be made payable to the Governor and his successors in office, and filed in the office of the ordinary of said county. That all 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 said city court, and to the office of sheriff of said city court of Sylvania, respectively, and the judge of said city court shall be empowered to enforce the same authority over the said clerk and sheriff of said city court and their deputies as is exercised by the judge of the superior court over the clerks of the superior courts and the sheriffs of the counties of Georgia; said clerk and said sheriff of said city court being hereby authorized to appoint deputies to assist them whenever the business of their offices so demand; said clerk and said sheriff shall each hold their respective offices for a term of two years from their appointment, and shall be appointed by the grand jury of Screven county at the May term, 1903, of the superior court; provided, that the Governor, immediately upon the passage of this Act, and at the time of the appointment of the judge and solicitor of said city court, shall also appoint a clerk and sheriff of said city court to act until said offices can be filled by appointment of the grand jury as aforesaid, at the May term, 1903, of the superior court of Screven county; and provided further, that should the said grand jury fail or refuse to make such appointments, then the clerk and sheriff so appointed by the Governor shall hold their offices for a term of two years from the date said grand jury should have made such appointments; and the grand jury of Screven county, meeting at the last fall term of Screven superior court next preceding the expiration of the terms of said officers, or meeting next preceding the expiration of any terms of office of said clerk and sheriff, shall make appointments to fill said offices for the next ensuing term; and said officers, at the end of their term of office, shall hold over until their successors have been appointed and qualified. Should any vacancy occur in either of the offices of said clerk and sheriff, the judge of the said city court shall fill such vacancy by appointment for the unexpired term of said office. Clerk and sheriff, duties and liabilities of. Appointment of.

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SEC. 8. Be it further enacted by the authority aforesaid, That the clerk of the city court of Sylvania shall be entitled to charge and collect the following fees for services rendered in said court, to wit: in criminal cases, exclusive of fees for subp[oelig]nas, $2.00, where the case is tried, and $1.00 where it is settled without trial, and ten cents for each subp[oelig]na issued in criminal cases; in civil cases where the principal amount involved exceeds $500.00, the same fees as allowed the clerk of the superior court for similar services; and where the principal amount involved is less than $500.00, and more than $100.00, one half of the fees allowed the clerk of the superior court for similar services; in cases where the principal amount involved does not exceed $100.00, one half of the fees allowed where the principal amount exceeds $100.00 and does not exceed $500.00. Clerk fees of. SEC. 9. Be it further enacted by the authority aforesaid, That the fees of the sheriff of said city court shall be as follows: In criminal cases the fees shall be the same as those allowed the sheriff of the superior court for similar services, and in civil cases where the principal amount involved is more than $100, the fees shall be the same as those allowed the sheriff of the superior court; where the principal amount does not exceed $100, the fees shall be one half the amount allowed the sheriff of the superior court for similar services. Said sheriff shall also be entitled to a fee of $2.00 per day, not exceeding one day at each regular term of said city court for attendance upon same, which fee shall be paid monthly by the treasurer of Screven county. Sheriff, fees of. SEC. 10. Be it further enacted by the authority aforesaid, That the judge of said city court shall have the power to issue writs of habeas corpus and to hear and dispose of 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 county court shall be monthly and quarterly; the monthly terms for the trial and disposition of criminal business and civil business, where the principal amount involved does not exceed $100, and the quarterly terms for the trial and disposition of criminal business and civil business irrespective of the amount involved. The time for the holding of said monthly terms shall be the second Monday in each month; the time for the holding of the quarterly terms shall be the fourth Monday in each of the months of January, April, July and October. At any term of said court, either monthly or quarterly, said court may hold from day to day until the business thereof be disposed of, and the

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judge of said court may at any time adjourn said court by order passed in regular term to any particular day for the trial of any case wherein the services of a jury are not needed, and all the parties interested consent thereto, either in person or through their attorney. Said court may also hold special terms, to be convened by order of the judge, for the disposition of criminal business in which trial by jury is not demanded. The place for holding said city court shall be the court room in the court-house of Screven county, in the city of Sylvania. Terms of court. SEC. 12. Be it further enacted by the authority aforesaid, That suits in said city court shall in all respects be conformable to the mode of proceedings in the superior court, except as herein 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 Sylvania, or his deputies thereof. Proceedings. 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. Trial of civil cases. SEC. 15. 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 shall demand trial by jury. A plea to the accusation or indictment shall be a waiver of the right to trial by jury, and the accused shall not thereafter have the right to recall such waiver. If, upon trial of any cases, it shall appear to the jury that the evidence makes the case a felony against the accused, the judge shall thereupon suspend trial and commit or bind over the defendant to the next term of the superior court, as in preliminary examinations. Trial of criminal cases. SEC. 16. Be it further enacted by the authority aforesaid,

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That all judgments obtained in said court shall be a lien on all property of the defendant or defendants throughout the State in the manner as judgments of the superior courts are; but property exempt from levy and sale under laws of this State shall be exempt from levy and sale under process from said court, and all executions isssuing 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 Sylvania, and to all and singular the sheriffs or their deputies of the State of Georgia. Judgments. SEC. 17. 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. 18. Be it further enacted by the authority aforesaid, That claims to real property levied on under execution or other process from said city court shall be returned to the superior court of the county where such real property is situated, and shall there proceed as other claims in the superior courts. Claims to realty. SEC. 19. 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 Sylvania, 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. 20. Be it further enacted by the authority aforesaid, That garnishments and attachment 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. 21. Be it further enacted by the authority aforesaid, That scire facias to maks parties in any cause in said city court shall be had as in the superior court, but such scire facias shall run throughout the State, and may be served by any sheriff or his deputy thereof. Parties. SEC. 22. Be it further enacted by the authority aforesaid, That the general laws of this State, with regard to the commencement

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of suits in the superior courts, defenses, set-offs, affidavits, or illegality, arbitration, examination of parties to suits, or witnesses by interrogatories, or under subp[oelig]nas, witnesses and their attendance, continuance, or other matters of a judicial nature within the jurisdiction of said city court, shall be applicable to said city court. Pleading and practice. SEC. 23. 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 administered by justices of the peace of this State; and the judge of the said city court shall have all the power and authority throughout his jurisdiction of judge of the superior courts, and all laws relating to and governing judges of the superior court 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. 24. Be it further enacted by the authority aforesaid, That said city court of Sylvania shall be a court of record, and shall have a seal, and the minutes, records, order, and other books and files that are required by law, and rules, to be kept for the superior court, shall be kept in and for the 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. 25. That all laws regulating the enforcing of judgments of the superior courts, whether civil or criminal, shall apply to said city court, and executions shall issue and be levied and sale be had thereunder, under the same rules and laws regulating the same in the superior court. Judgments, how enforced. SEC. 26. 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. 27. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of said city court of Sylvania to prepare and file in his office a complete copy of the traverse

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jury list of the superior court of Screven county, as provided from time to time for such superior court. From said copy so made, traverse jurors in said city court shall be drawn in the following manner: The clerk of said city court of Sylvania shall write upon separate tickets the names of each traverse juror, and shall number the same and place the same in a box to be prepared for the purpose, from which shall be drawn eighteen traverse jurors in the manner as now required by law in the superior courts. All laws with reference to the drawing, selecting and summoning traverse and tales traverse jurors in the superior courts shall apply to the city court, except that the sheriff shall be paid $3.00 for summoning said jurors. All exemptions from jury duty now in force in the county of Screven shall apply and be of effect in the said city court. Jurors. SEC. 28. Be it further enacted by the authority aforesaid, That all laws in reference to the qualifications, relations, impaneling, fining and challenging jurors now in force in this State, or hereafter enacted by the General Assembly, regulating the same in the superior courts, shall apply to and be observed in said city court, except when inconsistent with the provisions of this Act. Jurors. SEC. 29. Be it further enacted by the authority aforesaid, That the eighteen 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 five trikes, and in criminal cases the defendant shall have six strikes and the State four 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 take one strike each and to use the remaining eight jurors for the trial of such case, and this shall constitute a legal jury. If either party in a civil case, or defendant in a criminal case, declines to waive trial by a jury of twelve, then, in civil cases, each side shall be allowed three strikes, and in criminal cases the defendant shall be allowed four strikes and the State two strikes from said panel. The jurors, those drawn on the regular panel, and likewise the talesmen, which the judge of said court is hereby empowered to have summoned instanter at any term of said court whenever necessary to complete a panel, shall each receive the sum of one dollar and a half per day while serving as jurors in said

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court, same to be paid under the rules governing the payment of superior court jurors. Juries. SEC. 30. 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 one bailiff, as officer of said court, who shall receive for his services one dollar and a half per day. Bailiffs. SEC. 31. Be it further enacted by the authority aforesaid, That defendants in criminal cases in said city courts shall be tried on a written accusation, setting forth plainly the offense charged, found upon an affidavit of the prosecutor and signed by the solicitor of said city court, and in all criminal cases within the jurisdiction of said city court the defendant shall have the right to demand an indictment by the grand jury of Screven county. That before the arraignment the judge shall inquire of the defendant whether he demands indictment, and the response of the defendant shall be indorsed on the accusation and signed by the prosecuting officer of the court. If the defendant demands indictment, the city judge shall hold him to bail for his appearance at the superior court to answer such indictment as the grand jury may find against him touching said transaction of which he is accused; and in the event of his failure to give bail shall commit him to await the action of the grand jury. All the proceedings after accusations shall conform to the rules governing like cases in the superior courts, except there shall be no jury trials unless demanded by the accused as hereinbefore provided. In all cases tried, the accusation shall set forth the offense charged, with the same particularity, both as to matter of form and substance, as is required by the laws and rules of criminal pleading to be observed in bills of indictment in the superior court. Accusation. SEC. 32. Be it further enacted by the authority aforesaid, That the judge of the superior court shall send down from the superior court of Screven county to said city court for trial and final disposition all presentments and indictments for misdemeanors which may be undisposed of at the close of each term of the superior court, and the order transmitting such cases shall be entered on the minutes of both of the said courts; provided, that this section shall not apply to those presentments or indictments under which arrests have been made and the bond of the defendant forfeited; 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 solicitor of the city court. Cases transferred from superior court.

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SEC. 33. Be it further enacted by the authority aforesaid, That it shall be the duty of all justices of the peace, notary publics of Screven county to bind over to said city court all persons charged with offenses committed within the limits of Screven county, over which said city court has jurisdiction, there to answer for said offenses. Appearance bonds. 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 or procedure or other matters pertaining to the same shall be allowed and upheld by the laws and rules to parties in said superior courts. Pleading and 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, 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 court within ten days after the rendition of the judgment complained of, and not afterwards, unless for good cause; further time may, by order, be granted in the discretion of the judge of said 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 Screven, may be brought in said court, whether its jurisdiction has already been 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. Joint defendants. SEC. 38. Be it further enacted by the authority aforesaid, That all rules of the superior court relating to continuance, motions,

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pleas and practice shall be applicable to said city court and shall obtain therein. Practice. 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 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 the consent of the parties, or upon their failure or refusing 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. 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 city court may adjourn it to such time as the judge may, in writing, direct, or if no directions be given, the court shall be adjourned to the next regular term. Judge absent SEC. 42. 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 paid out by an order of the judge of said city court, which shall be entered on the minutes of said city court, as follows: Twenty-five per cent. to be paid to the solicitor of said court and the solicitor-general of the Middle Circuit pro rata upon their insolvent cost bills in said city court; 25 per cent. to the clerk and sheriff of said city court pro rata upon their insolvent cost bills; 25 per cent. to the various magistrates and constables of the different districts of Screven county pro rata on their insolvent cost bills, and the remaining 25 per cent. to be paid into the county treasury; provided, that nothing herein shall be construed to repeal the law relative to payments of insolvent cost bills of the magistrates and constables as now prescribed by the Code for payment of such bills. Should the said fund arising from fines, forfeitures and convict hire at any time upon a division of same as above prescribed be more than sufficient to pay off the insolvent cost bills of said officers, then such excess shall be ordered paid into the county treasury. Fines, forfeitures and convict hire. SEC. 43. Be it further enacted by the authority aforesaid, That

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the commissioners of roads and revenues of the county of Screven shall provide a suitable place in the court house in the said city of Slyvania for holding of said court, and provide the necessary books for keeping the dockets, minutes and records of said city court. Court room, books, etc., how provided. SEC. 44. Be it further enacted by the authority aforesaid, That in all civil cases brought to the monthly terms of said city court, and in which no plea is filed or defense made, and same are marked in default, judgment may be entered thereon or verdicts taken and judgment entered thereon at said first term. Judgment at 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. Approved December 15, 1902. CITY COURT OF TIFTON ESTABLISHED. No. 200. An Act to establish the city court of Tifton, in the city of Tifton, Berrien county, to define its jurisdiction and powers, to regulate proceedings therein, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the city court of Tifton be, and the same is, hereby established, to be organized, located and held in the city of Tifton, in Berrien county, Georgia, with jurisdiction, civil and criminal, in and over said city of Tifton and all that portion of said Berrien county lying in the 1314th District, Georgia Militia, of said county. City court of Tifton. SEC. 2. Be it further enacted, That said city court of Tifton shall have jurisdiction in and over the territory aforesaid to try and dispose of all cases of whatsoever nature except those cases of which the Constitution of this State has given the superior court exclusive jurisdiction. The jurisdiction herein conferred shall include not only the ordinary actions sounding in contract, or in tort or otherwise and begun by petition and process, but also all other kinds of suits and proceedings of which the superior courts now or hereafter take cognizance under the common law or by statute, including among others attachments and

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garnishment proceedings, illegalities, proceedings against intruders or against tenants holding over, partition of personalty, trover suits, actions for the recovery of personal property as for the conversion thereof, distress warrants and issues upon the same, counter affidavits to any proceedings from said court, foreclosure of all liens and mortgages, whether on real or personal property, statutory awards, claims to personal property, habeas corpus, possessory warrants and dispossessory warrants, and proceedings upon the same, and in general, all kinds of suits and proceedings, except those over which exclusive jurisdiction is vested in the superior court by the Constitution of the State, as heretofore stated; provided, that whenever suit is brought in this court, the principal sum of which does not exceed one hundred dollars, no more than justice court costs shall be charged by the officers of said court. Jurisdiction. SEC. 3. 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. 4. Be it further enacted, That there shall be a judge and solicitor of said city court of Tifton, each of whom shall be elected by the legal voters of the said 1314th District, Georgia Militia, as hereinafter provided, and all vacancies in the office of judge and solicitor shall be filled in the same manner by election to be called immediately after said vacancy occurs, by the justice of the peace of the said 1314th District, Georgia Militia, or should said justice of the peace fail or refuse to call such election to fill such vacancy, then and in that event said election may be called by any three freeholders, citizens and legal voters of said district. Such judge shall preside in and over said city court, and shall be clothed with and shall exercise all of 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; provided, that he shall have no authority to grant new trials. He shall receive as his compensation the fees prescribed by this Act, and in addition thereto, the mayor and council of the city of Tifton may supplement his compensation by paying him not over three hundred dollars per year, payable monthly, which they are hereby authorized to do, should they, in their discretion, see proper. Such judge may practice law in any court except his own. Judge and solicitor, election of. Powers of judge. SEC. 5. Be it further enacted, That such judge shall be an attorney at law of good standing and of at least three years' practice in the State of Georgia, at least twenty-seven years of age, and he

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must at the time of his election have been a resident of the territory over which the court shall have jurisdiction for a period of not less than two years. He shall, before entering upon the discharge of his duties, take and subscribe the following oath: I solemnly swear that I will administer justice without respect to persons, and do equal justice to the poor and rich, and that I will faithfully discharge and perform all the duties which may be required of me, as judge of the city court of Tifton 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. Eligibility to judgeship. Oath of judge. SEC. 6. Be it further enacted, That there shall be a solicitor of said court, as above stated, whose duty it shall be to represent the State in all cases therein, and generally perform in said court the duties usually performed by the solicitors-general of the several judicial circuits of the State so far as they are applicable. In case such solicitor cannot at any time attend to the duties of his office, the judge of this court shall appoint some competent attorney to act as solicitor pro tem., who shall receive the fees and emoluments that would otherwise accrue to the solicitor of this court. The office of solicitor of said city court shall be filled by election, at the same time and in the same manner and for the same term as the judge of said court, as will hereinafter be provided. Solicitor, duties of. SEC. 7. Such solicitor must be at least twenty-five years of age, of at least two years' practice as an attorney at law, and at the time of his election a resident of the territory over which this court has jurisdiction for a period of not less than two years; 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 Tifton; so help me God, which oath shall be filed in said court and recorded in its minutes. Qualifications. Oath. SEC. 8. For his services in said court the fees of the solicitor shall be as follows: For every case finally disposed of in said court, founded upon accusations, ten ($10.00) dollars; for every indictment or special presentment finally disposed of in said court, five ($5.00) dollars; for every case for a violation of the gambling laws of the State, twenty-five ($25.00) dollars; and for all services

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for which this section does not provide, he shall receive the same fees as are allowed by law to solicitors-general for similar services in the superior court. The foregoing fees are to be paid out of the fund arising from fines and forfeitures in said court, and the hire of convicts sentenced therein, as hereinafter provided. Fees. SEC. 9. The judge of said court shall be ex officio clerk thereof, but he may, by order on the minutes, appoint a clerk, who shall hold office at the pleasure of said judge, and who shall be paid out of the judge's compensation on terms agreed on by them; and such 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 five hundred ($500.00) dollars, approved by the judge of this court, for the faithful discharge of the duties of his office, as is done by the clerks of the superior courts of this State. Whenever the word clerk is used in this Act it shall apply to and mean either the ex officio clerk or the judge, if the judge has appointed no clerk. Clerk. SEC. 10. The clerk of said court shall issue subp[oelig]nas, issue and attach processes to petitions, issue executions on judgments and foreclosures of mortgages and other liens, the same bearing test in the name of said judge, and returnable as if issued by him, and the clerk may also administer oaths, attest affidavits, and shall record the writs and proceedings of the court and keep the records thereof, and perform all other duties and have all the 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, and receive the fees to which the clerk would be entitled were one appointed. Duties, liabilities and fees of. SEC. 11. Be it further enacted, That the judge of said court shall appoint, by an order entered in the minutes of said court, some good and suitable person as sheriff thereof, who shall hold office for the term of two years, unless sooner removed by said judge for reasons satisfactory to himself, and such sheriff, before entering upon the duties of his office, must take and subscribe an oath that he will faithfully perform the duties thereof, and at the same time must give bond and security in the sum of one thousand ($1,000.00) dollars, approved by the judge of this court, conditioned

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for the faithful discharge of the duties of his office, as is done by the sheriffs of the various counties of this State. Sheriff. Oath and bond of. SEC. 12. Said sheriff shall attend upon said court and serve its writs, processes, and the orders and other legal papers of said court and the judge thereof, and shall serve summons of garnishments returnable to said court, and execute and levy attachments returnable thereto, and levy executions issued therefrom, summon juries, and shall make arrests and execute warrants, civil and criminal, and generally perform all 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 said 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 Berrien, 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. 13. The compensation of said sheriff shall be made up entirely of fees, which he is hereby authorized to charge and collect and to have taxed as costs, and to have judgment and execution to issue instanter thereof, the same being as follows, to wit: For serving copy of a process and returning original, per copy, $1.00; for summoning each witness, 30 cents; for attending court, for each judgment rendered by the court, whether with or without a jury, 50 cents; for each levy on fi. fa., or attachment, or distress warrant, $1.00; for search and return of nulla bond, 50 cents; for serving each summons of garnishment or rule against garnishee, 50 cents; for summoning jury to try case of nuisance, $2.50; for settling each execution in his hands, settled without sale, $1.00; for taking each bond in civil cases, 50 cents; for taking each bond in criminal cases, $1.00; for executing process against tenant holding over or intruding upon land, to dispossess him, $1.75; for taking and returning counter affidavits when process to dispossess tenants or intruder is resisted, $1.00; for keeping a horse or mule, per day, 50 cents; 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 allowed by

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law to the sheriffs of the various counties of the State for similar services in the superior court, and for services rendered when no compensation is provided by law, they shall receive such compensation as the judge of the city court shall, in his sound discretion, allow, except that such sheriff shall not directly receive any per diem fee for attendance on courts and elections, or fee for service in summoning jurors. Fees of sheriff. SEC. 14. The judge of said court, for the services of his clerk, or of himself as ex officio clerk, if no clerk be 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 go to and belong to the judge of said court as a 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. And the said judge shall receive the further sum of two dollars for each civil or criminal case tried by him, or that, after being filed, shall be settled before trial, the same to be taxed and collected in the bill of costs as other costs; except that, in civil cases where the principal sum involved is one hundred ($100.00) dollars or less, the cost to be taxed for account of said judge shall be the same as is now allowed by law to justices of the peace in cases involving similar amounts. Clerk, fees of. SEC. 15. Be it further enacted, That the sheriff of said court, by and with the consent of the judge, may, as occasion may demand, appoint one or more deputies, for whose acts the sheriff and his bondsmen shall be liable, and who shall have all the rights and powers and authority of the sheriff, and whose compensation shall be paid by the sheriff out of his fees; and likewise the judge may, as occasion may require, appoint during his pleasure, by order entered on the minutes of the 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 Berrien, 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 duty of a constable. The compensation

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of said bailiff 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 Sheriffs. SEC. 16. Be it further enacted, That all the officers, general and special, of said court shall be amenable to the same processes and penalties as are the officers of the superior courts of the State, and they shall be entitled to the same rights and authority, and also to the same remedies to enforce the collection of their fees and costs in said city court as the officers of the superior courts, and the judge of said district court is empowered to exercise the same authority over the clerk and sheriff and their deputies and the other officers of said court as is exercised by the judges of the superior courts over the clerks and other officers of said courts and the sheriffs of the various counties of the State. Liabilities of officers. SEC. 17. Be it further enacted, That said city court shall be a court of record, and shall have a seal; and the minutes, records, dockets, and other books that are required by law to be kept for the superior court, shall be kept in and for the said city court in the same manner, and the clerk of said court shall record all the writs, processes, pleadings, orders, judgments and proceedings of said court, and shall be entitled to collect the same therefor as the clerks of the superior courts, the same, however, to go and belong to the judge of said court as part of his compensation as aforesaid. Court of record. SEC. 18. Be it further enacted, That the terms of said city court shall be held monthly for the trial and disposition of civil and criminal business, either or both, or such other as the judge may direct; said terms to be held on the second Wednesday in each calendar month. The sessions of said court shall be held in a court room in the said city of Tifton, to be provided by the mayor and council thereof, and they are hereby authorized so to do. The judge shall draw juries for the different terms of court whenever they may be required by the exigencies of the business of the court, civil or criminal; and he may, in his discretion, hold adjourned or 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 interests 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

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from time to time, as may be required by the business of the court. Terms of court. SEC. 19. Be it further enacted, That suits in said city court shall in all respects be conformable to the mode of proceedings in the superior courts, except as herein provided, but the process of writs shall be annexed by the clerk or ex officio clerk of said city to and served by the sheriff of the city court of Tifton or his court, be tested in the name of the judge thereof, and be directed deputies. Proceedings. SEC. 20. Be it further enacted, That the judge of said city court shall have power and authority to hear and determine all civil causes of which the said court has jurisdiction and to give judgment and execution therein; provided always, that either party in any case shall be entitled to a trial by jury in said court by entering a demand therefor by himself or by 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, and in all cases where such party is entitled to trial by jury, under the Constitution and laws of this State. Trials. SEC. 21. Be it further enacted, That all judgments obtained in said court shall be a lien on all the property belonging to the defendant or defendants, throughout the State in the same manner as judgments of the superior courts are, and all executions 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 Tifton, and to all and singular the sheriffs and their deputies of the State of Georgia. Judgments. SEC. 22. Be it further enacted, That the said city court shall have jurisdiction of claim cases where personal property is levied on under execution or other process from said court, and such claims shall be tried in the same manner as claims in the superior court. Claims to personalty. SEC. 23. Be it further enacted, That claims on real property levied under execution or other process from said court shall be returnable to the superior court of the county where such real property is situated, and shall there proceed as other claims in the superior court. Claims to realty. SEC. 24. Be it further enacted, That all laws upon the subjects of attachments and garnishments as to any matter whatever in the superior courts of this State shall apply to said city court as if named with superior court, so far as the nature of the city court will admit. Attachments in said court, or returnable to said court, shall be directed to the sheriff, his deputies of the city court of

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Tifton, and to all and singular the sheriffs and constables of this State, and the judge of said city court may, or any justice of the peace or notary public may, issue attachments returnable to said city court, under the same laws that govern the issuance of attachments returnable to the superior courts. Attachments and garnishments. SEC. 25. That garnishment proceedings in said court shall be conformable to the laws of the State on that subject in the superior courts; provided, that the garnishee shall reside in the county of Berrien; but where 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 law of the State for non-resident garnishees; with this proviso, however, that the summons 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. SEC. 26. Be it further enacted, That scire facias to make parties in any case in said city court shall be had as in the superior court, but such scire facias shall run throughout the State, may be served by any sheriff or his deputy. Parties. SEC. 27. Be it further enacted by the authority aforesaid, That the judge of the city court of Tifton shall have authority to issue criminal warrants to dispossess tenants holding over, and intruders, to issue distress warrants, to issue attachments and garnishment, 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 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 courts of this State are authorized and required to do, unless otherwise provided in this Act. And the said judge of the city court of Tifton 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 judge 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

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charge and collect, and have judgment and execution for, the same fees as are allowed by law to justices of the peace, or other officers of the State performing similar acts or duties. Powers of judge. SEC. 28. Be it further enacted, That the general laws of this State, with regard to the commencement of suits in the superior courts, defenses, set-offs, affidavits of illegality, arbitration, making parties, examination of parties to suits or witnesses by interrogatories or under subp[oelig]na, witnesses and their attendants, continuances, or other matters of a judicial nature within the jurisdiction of the said city courts, shall be applicable to said city court unless otherwise herein provided. Pleadings. SEC. 29. Be it further enacted, That all judgments and proceedings of said city court shall have the same dignity and binding effect as judgments and proceedings of the superior courts of this State, and that all laws regulating the enforcement of judgments of the superior courts, whether civil or criminal, shall apply to said city court, and shall be enforced by execution issued and signed by the clerk or ex officio clerk of the said city court, and bear test in the name of the judge thereof, and shall be directed to the sheriff of said district 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 execution from the superior court, except that sales of personal property levied on by the sheriff of said city court under an attachment, execution, or other process, issuing from said city court, shall be advertised once a week for four weeks, as provided by law, in the Tifton Gazette, or other nawspaper published within the territory of the jurisdiction of said court, and shall be made before the door of the building in which the city court shall be held under the usual rules of sheriff's sales; but in case the sheriff of said city court shall levy on real estate, he shall deliver over the executions to the sheriff of the county with a return for the property levied on, who shall proceed to advertise and sell the same, as in case of levies made by himself; and special sales of perishable property, or property liable to deteriorate or expensive to keep, may be made by the sheriff of said city court under order of the judge thereof, which he is hereby authorized to make upon proper showing under the usual rules and regulations governing said sales, as provided in the Code of the State, except that the sales shall occur before the door of the building in which the city court is held, as above provided. All executions, attachments, scire facias, or

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other processes or writs from said court shall run throughout the State, and may be served or executed by any sheriff or his deputy in the manner as like writs or processes from the superior court. Judgments, how enforced. SEC. 30. Be it further enacted, That the judge of said city court shall have power to enforce his orders, to punish for contempt, to enforce his judgments under the same rules and laws as judges of the superior courts. Contempt. SEC. 31. Be it further enacted, That all persons residing within the territorial jurisdiction of the said city court and liable to serve as grand or petit jurors in the superior court of said county shall be liable to serve in the said city court, and it shall be the duty of the clerk of said city court to copy into a book a list of all the names of persons residing in said district liable to jury duty under the laws of the State of Georgia, and to make a new list at least once every two years, which said book containing the names 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 1, until there shall be a ticket in said box bearing the name of each person in said list. Jurors. SEC. 32. Be it further enacted, That when the judge shall find 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 twelve 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 (2). The boxes shall be so constructed as to be kept under one seal and lock; shall be kept sealed and shall not be opened by any person except the judge of said city court, for the purpose of drawing juries in open court, except in cases where, from failure to draw a jury at term time, or from any other cause, it may be necessary to draw a jury in vacation; and when jury-box number one is exhausted, the tickets and names in box number two shall be placed in box number one, and the same process shall be gone over again and again, etc., etc. Should it become necessary to draw a jury in vacation, the judge of said city court may at any time fifteen days before the next term of said city court, proceed to draw juries in the same manner as above prescribed, in the presence of the clerk and sheriff of said city court. The clerk

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shall keep said jury-boxes, and the sheriff of said city court shall keep the key. Jurors. SEC. 33. The clerk shall make out a precept containing the names of the persons drawn, as above directed, and a summons for each juror and deliver the same to the sheriff of the said court fifteen days before the next term of the 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 next term of said city court at which he is required to attend. Jurors, how summoned. SEC. 34. Be it further enacted, That twelve jurors shall be drawn, summoned, sworn and impaneled, and if by reason of non-attendance or disqualified of any of said regular panel, the same is not full, the judge of said court shall direct the same to be filled by tales jurors, in the same manner as is done in the superior court; and jurors thus impaneled and sworn in shall each receive as compensation the sum of one dollar for every day of actual attendance. In civil cases each side shall strike three from the panel of twelve, and in criminal cases the defendant shall be entitled to four strikes and the State two from said panel; in all other respects the laws regulating the qualifications, relations, exemptions, impaneling, challenging and fining of jurors that may now or hereafter be of force in the superior courts of said county shall apply to, and be observed in said city court, except when inconsistent with the provisions of this Act. Juries. SEC. 35. Be it further enacted, That the defendants in criminal cases in said city court of Tifton may be tried on written accusation, setting forth plainly the offense charged, founded on affidavit, and said accusation shall be signed by the prosecuting officer of said court; and the defendant in any criminal case shall not be entitled to indictment or presentment by the grand jury, but may be tried on written accusation as aforesaid. Upon such accusation and affidavit being made, and signed in office of the clerk of said court, it shall be the duty of the judge thereof to issue a warrant for the apprehension and arrest of the accused, directed to the sheriff of the said city court of Tifton and his deputies, and to all and singular the sheriffs and constables of said State. Accusation. SEC. 36. Be it further enacted by the authority aforesaid, That when any criminal case in city court is called for trial and before the arraignment of the defendant, the judge shall inquire of the defendant whether he dmands a jury, and the response of defendant shall be entered upon said indictment and signed by

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the prosecuting officer of the court. If the defendant demands a trial by jury, and the court is not sitting at a regular term, the judge shall admit the defendant to bail to appear at the next regular term, or on the defendant's failure to give bond shall commit him to jail to await his trial at a regular term. If the defendant waives trial by jury, then the judge of said court shall proceed to hear and determine such criminal case without a jury; provided always, that a reasonable time may be granted the State or defendant to procure witness. 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. Trials. SEC. 37. Be it further enacted, That it shall be the duty of the judge of the superior court to send down to said city court for trial from the superior court of Berrien county all presentments and bills of indictment for misdemeanors committed within the territorial limits of said city court; the order transmitting such cases to be entered on the minutes of both said courts, and similarly with the judge of the county court of Berrien county, as to all accusations, or indictments, or presentments now or hereafter pending in said county court. Case transferred from superior court. SEC. 38. Be it further enacted, That it shall be the duty of all the justices of the peace and notaries public of Berrien county to bind over to said city court all persons charged with the offenses committed within the territorial limits of said city court, over which said city court has jurisdiction, to answer for said offenses. Appearance bonds. SEC. 39. Be it further enacted, That whenever the judge of said city court is disqualified from presiding, then, upon 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 now provided for in the superior court; and in case of 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. Judge pro hac vice. SEC. 40. Be it further enacted, That all petitions shall be filed in the clerk's office of said city court at least twenty days before the term of the court to which they are returnable, and if filed within twenty days they shall be made returnable to the next term thereafter. The service of process shall be at least fifteen days before the return term. All suits shall stand for trial at the second

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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 in force in the superior courts of the State, in regard to appearance and pleading, calling the appearance docket, defaults and opening of defaults, services, 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 the evidence, shall obtain in said court, except as otherwise provided in this Act. Appearance and trial terms. Practice. SEC. 41. 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 indorsers of promissory notes, shall reside outside the territorial limits of said city court of Tifton and within the county of Berrien, or any other county or counties of this State, suit may be brought in the said city court of Tifton by the same action, against all the said joint obligors, joints promisors, joint tort-feasors or copartners, and against the makers and indorsers or indorsers of promissory notes; and in such cases where the other defendant or defendants reside in the said county of Berrien, outside the territorial limits of said city court, the sheriff of said court may make service upon him or them in the usual way, just as if he lived within the said limits; and where the defendant or defendants reside in another county or counties of the State, then a second original or originals and copies thereof shall be made and forwarded to the sheriff of such other county or counties, respectively, to be served and returned with proper entries, etc., as is done in like cases in the superior courts of this State. Joint defendants. SEC. 42. In every civil and criminal case in said city court, where a jury is demanded or required, a jury fee of three dollars shall be taxed as costs, and when paid a separate account thereof shall be kept, out of which the juries of said court shall be paid, and said 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 Tifton are authorized, in their discretion, to supply the same from the city taxes. Jury fees. SEC. 43. The judge and sheriff of said city court are hereby authorized to use the jail of the city of Tifton, or the county jail of the county of Berrien, either or both, as they see proper, for

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the purposes of said court, either for the detention of the accused before trial or for imprisonment after trial and conviction, and if the county jail is thus brought into use, the expenses shall be paid out of the county funds as in cases of conviction from the county or superior courts. Jail. SEC. 44. Be it further enacted, That the judge of said city court shall have power and authority to hire the convicts of said city court, under and subject to the laws and regulations governing the hiring out of misdemeanor convicts of this State, and the money arising from such hire shall constitute a part of the insolvent fund of said court, and shall be paid out by said judge, together with fines and forfeitures, as provided in the next section of this Act, and in the event said judge can not hire out said convicts advantageously, he is hereby authorized to turn them over to the city of Tifton to be worked by it on its chain-gang on the streets, roads and public works thereof, or should said city of Tifton not desire to use them, said judge is hereby authorized to turn them over to the proper authorities of the county of Berrien, to be by them treated and used as are the other misdemeanor convicts from the county and superior courts, and the authorities of said county are hereby directed and required to receive such convicts when thus tendered them. Convicts, hire of. SEC. 45. Be it further enacted, That at or within ten days after each regular term of said city court, and oftener if he shall deem it 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 the sheriff of the city court and the justices of the peace and notaries public and ex officio justices of the peace and constables, on their bills for insolvent costs; fines, forfeitures, and convict hire arising from cases transferred from the superior court to the city court shall be prorated between the solicitor, judge and sheriff of the city court, the solicitor-general and clerk and sheriff of the superior court, and justices of the peace and constables on their bills for insolvent costs 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 a 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

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from cases originating in the city court after paying all insolvent costs on cases originating in city court, the same shall be applied to insolvent costs in 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 jury fees and incidentals of said court; the clerk of said court shall keep two lists, one of the criminal cases transferred from the superior court, and the other of criminal cases originating in said city court, which lists shall show the name of the defendants, the disposition of the cases, the amount of costs to which each officer is entitled, and 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 costs, approve the same and order them placed on the minutes of said court; and they shall be a lien on 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 aforesaid, and debiting him with all payments. All orders distributing such money shall be entered on the minutes of said court, and until distributed the funds are considered in the hands of the court, and the judge shall be the proper custodian thereof, and shall disburse the same by order as aforesaid. Fines, forfeitures and convict hire, how distributed. SEC. 46. Be it further enacted, That 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 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. Cases transferred from superior court. SEC. 47. Be it further enacted, That from said city court of Tifton there shall be no appeal, but all errors committed by the

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said city court, or the judge thereof, in judgments and rulings, or otherwise in the handling of cases, or in other matters in said court, or before said judge, may be corrected by writ of certiorari returnable to the superior court of Berrien county; such certiorari to be issued, heard and determined like certioraris from justice and other inferior courts as now, or as may be hereafter, prescribed by law. Said certioraris may be heard by the judge of the superior court of said county either in term time or vacation. Certiorari. SEC. 48. Be it further enacted, That the judge and solicitor of said court, as hereinbefore provided, shall be elected by the legally qualified voters, citizens of the territory over which the said court has jurisdiction, and it shall be the duty of the justices of the peace of said 1314th district, Georgia militia, or in the event of his failure or refusal so to do, then of any three freeholders, legally qualified voters of the said district, within ten days after the passage of this Act, to call an election for the purpose of electing a judge and a solicitor of said court. Said justice of the peace, or the three said freeholders, as the case may be, shall give at least thirty days' notice of said election by advertising same in the Tifton Gazette, or some other newspaper published in said district, and by posting three written or printed notices in three public and conspicuous places. Said election shall be held by a justice of the peace and two freeholders, or by three freeholders, qualified voters of said district, all of whom shall be selected by the mayor and council of the city of Tifton. The said justice of the peace and two freeholders, or the three freeholders, as the case may be, shall constitute the managers of said election, and they may select and employ not more than two clerks to assist them in holding said election. Said managers and clerks shall be paid by the city of Tifton, and shall receive such compensation as may be agreed upon between them and the mayor and council of said city, not to exceed three dollars per day. Judge and solicitor, election for, how held. SEC. 49. Be it further enacted, That the managers of said election, before entering upon their duties as said managers, shall severally take and subscribe before some officer authorized under the laws of this State, or shall administer to each other, the following oath: I,....., do solemnly swear that I will faithfully perform the duties of manager of this election to the best of my ability; prevent fraudulent and illegal voting, without fear or favor; so help me God. Managers of election. SEC. 50. Be it further enacted, That immediately after the polls are closed said managers shall count the ballots cast, and

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after the ballots have been counted the tally-sheet and lists of voters shall be certified in writing by said managers in the following language, to wit: We do certify that the foregoing sheets or pages (giving their number) constitute the tally-sheets, or lists of voters, as the case may be, of an election for....., held by us, this..... day of....., 19....., and that they are an accurate and faithful record of the names and numbers of voters at said election, this..... day of....., 19..... Tally-sheets, how certified. .....Manager. .....Manager. .....Manager. The tally-sheets and lists of voters shall then be sealed up together in an envelope, delivered to the clerk of the city of Tifton and filed of record in his office. SEC. 51. Be it further enacted, That on the day next succeeding the election, or on the same day, the managers thereof shall file a written report of the result with the clerk of the city of Tifton. Upon the filing of said report, the mayor and council of said city shall be called in session immediately, and they shall declare the result of such election, and such declaration shall be entered of record by the clerk of said city on his minutes of said meeting. Election result, how declared. SEC. 52. Be it further enacted, That after thirty days from the day of election, if no notice of contest has been filed, as to result of said election, the clerk aforesaid shall destroy the ballots. Should any person, except under an order of court of competent jurisdiction, for any cause whatever, inspect either the tally-sheets, lists of voters or ballots of said election, after they have been filed with the clerk aforesaid, he shall be guilty of a misdemeanor and shall be punished as provided in section 1039 of the Code of Georgia of 1895. SEC. 53. Be it further enacted, That the term of the judge and solicitor of said court shall be two years, as hereinbefore provided, except that the judge and solicitor elected at said first election shall only hold their office until the first day of January in the year 1905, or until their successors are elected and qualified. After said first election for judge and solicitor of said court, there shall be held biennially on the first Wednesday in October, immediately preceding the expiration of the terms of said officers, an election to elect their successors. Said election shall be held at the same time and place and by the same managers as the election for State officers is held, but the returns for judge and solicitor shall be made separately to the clerk of the city of Tifton, as hereinbefore

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before provided, and after said first election the managers and clerks of the election shall receive no compensation for their services from the city of Tifton, or from other sources on account of the election of said judge and solicitor. Judge and solicitor, terms of. SEC. 54. Be it further enacted, That all persons who are qualified to vote for members of the General Assembly of the State of Georgia, and who have resided within the jurisdiction of said court for a period of six months, and who have registered with the taxcollector of Berrien county as required by law of this State, shall be qualified to vote in the election for judge and solicitor of said court. Electors. SEC. 55. Be it further enacted, That should any contest arise over the result of any election for judge or solicitor of said court, it shall be determined as follows, to wit: The contestant or contestants shall, within ten days after said election, by petition to the superior court of Berrien county, plainly, fully and distinctly set forth his or their grounds of complaint or 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 Berrien county. Immediately upon the filing of said petition with said clerk, said clerk shall transmit a copy thereof to the judge of the superior court of the county, and shall furnish the contestees, as set out therein, each with a copy of said petition. Upon receipt of a copy of said petition the judge aforesaid shall fix a time and place of hearing, and indorse the same on the copy of said petition; provided, that the time of hearing said petition shall not be more than sixty days, nor less than thirty days, from the date of his order, and may be either in term time or in vacation. Election contests. SEC. 56. Be it further enacted, That during the pendency of any contest, the persons who have been declared elected, as heretofore provided, shall exercise the duties and receive the salaries and emoluments of said office. SEC. 57. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1902.

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CITY COURT OF VALDOSTA, ACT ESTABLISHING AMENDED. No. 169. An Act to amend an Act entitled 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, approved December 11, 1901, so as to provide for twenty-four jurors in said court, drawing and impaneling the same; to regulate the per diem of jurors and summoning of same as in the superior courts, and to repeal the latter clause of section 14, denying parties in said court the right of trial by jury when the same is less than fifty dollars. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That so much of section 14 of the above recited Act as denies the right of trial by jury to parties litigant in said court where the sum involved is not over fifty dollars, be, and the same is, hereby repealed. City court of Valdosta. SEC. 2. Be it further enacted by the authority aforesaid, That section 27 of the above recited Act be amended by striking from the fourth line of said section the word sixteen, and inserting in lieu thereof the word thirty, so that said section 27, when amended, shall read as follows: 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 thirty names of person 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

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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 jurors 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, how drawn. SEC. 3. Be it further enacted by the authority aforesaid, That section 29 of said Act be, and the same is, hereby repealed, and in lieu and instead thereof it is hereby enacted as follows: That from the said jurors so drawn and summoned, or from them and as many talesmen as may be necessary to fill the places of absent or disqualified jurors, so drawn and summoned, the judge of said city court shall have made up two panels of twelve jurors each, to be known as panels `number one' and `number two,' and all cases in said city court shall be tried by one or the other of said panels, if the parties can agree upon a panel, and if the parties can not agree upon a panel, then the parties, or their attorneys, shall strike a jury in the same manner as is done in the superior courts, and the judge of said city court is authorized to cause said panels to be filled by tales jurors at any time when necessary, in the same manner as is done in the superior court. The sheriffs of said court shall be entitled to a fee of three dollars for summoning the jurors for each term, and the jurors shall receive the same compensation as is paid to jurors in the superior courts for similar services. Juries. SEC. 4. Be it further enacted by the authority aforesaid, That section 37 of the above recited Act be, and the same is, hereby repealed. SEC. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902.

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CITY COURT OF WAYNESBORO ABOLISHED. No. 67. An Act to repeal an Act entitled 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, approved November 21, 1901, and to abolish the city court of Waynesboro, established and organized under the above recited Act; to provide for the disposition of the business pending therein, and of the books, records and court papers appertaining 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 Waynesboro, created and organized under and by virtue of an Act entitled 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, approved November 21, 1901, be, and the same is, hereby abolished, and said Act is hereby repealed. City court of Waynesboro under Act of 1901 abolished. SEC. 2. That all suits now pending in said court shall be transferred to the city court of Waynesboro, established in the city of Waynesboro, and in and for the county of Burke, under and by virtue of 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, solicitor, and other officers thereof, and to define their powers and duties; to provide for the 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 transferred. SEC. 3. Be it further enacted, That all fi. fas. and other final processes of said city court of Waynesboro, created and organized under said Act aforesaid, approved November 21, 1901, 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 Waynesboro, established in the city of Waynesboro under and by virtue of the Act creating and establishing said city court, passed

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at the present session of the General Assembly of Georgia, and referred to in section 2 of this Act, for trial and final disposition. Fi. fas. and other processes and claims. SEC. 4. Be it further enacted, That all records, books and papers now belonging to or appertaining to the said city court of Waynesboro, created and organized under said Act aforesaid, approved November 21, 1901, shall be deposited with the clerk of said city court of Waynesboro, established under an Act passed at the present session of the General Assembly of Georgia, and referred to in section 2 of this Act. Records and books of. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 9, 1902. COUNTY COURT OF BERRIEN, ACT CREATING AMENDED. No. 211. An Act to amend an Act approved October 13, 1879, and approved and accepted by the grand jury of Berrien county at the October term, 1889, of said Berrien superior court, creating county courts and the county court of Berrien county, Georgia, so that all the officers of said court, to wit, the judge and solicitor, shall be elected by a popular vote of the electors of Berrien county; to provide for compensation and length of term for said officers, and to further provide that the sheriff of Berrien county, and his legal deputies, shall be ex officio bailiff of said Berrien county court, to fix his compensation, and to still further provide that the clerk of the superior court of Berrien county shall be deputy clerk of the county court, to fix his compensation, etc, 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 a bill to create county courts and the county court of Berrien county, adopted by the grand jury of Berrien county at the October term, 1889, of the superior court of said county, be so amended as to provide as follows: That there shall be held in the county of Berrien, said State, on the first Wednesday in October, 1904, and every two years thereafter, an election for judge and solicitor of

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the county court of said county by the qualified voters in said county. County court of Berrien. Judge and solicitor, election of. SEC. 2. Be it further enacted by the authority aforesaid, That all elections for judge and solicitor of the county court, under this Act, shall be held in the same manner and in the same places and under the same rules, regulations and restriction as govern elections for county officers and member of the General Assembly, unless otherwise provided by this Act. How held. SEC. 3. Be it further enacted by the authority aforesaid, That to be eligible to hold the office of judge or solicitor of the county court of Berrien county, the applicant must have been a resident of said county at least three years immediately preceding the time he enters upon the discharge of the duties of said office, and shall have been a practicing attorney for at least two years previous to taking the oath, and shall further be required to comply with the general law in reference to qualification of judges and solicitors of the county courts of this State. Eligibility. SEC. 4. Be it further enacted, That the person having received the highest number of votes in elections held under the provisions of this Act, if qualified to serve under said provisions, and laboring under no other disabilities, shall be by the proper authorities declared elected to the office of judge or solicitor, as the case may be, and shall be by the Governor commissioned as such; but any other person claiming to be elected may contest the election under the same rules, regulations and restrictions as are applicable under the laws governing contests for county officers. Elections, result of, how declared. SEC. 5. Be it further enacted, That should a vacancy occur in either of said offices of judge or solicitor of said county court, by death, resignation or otherwise, the Governor shall fill such vacancy or vacancies by appointment, to continue until a special election can be held by the voters of said county, which special election shall be ordered by the ordinary of said county, under the same rules, regulations and restrictions as are applicable to vacancies in the office of the clerk of the superior court. Vacancies. SEC. 6. The terms of the first judge and solicitor elected under this Act shall begin on the first day of January, 1905, and be for a term of two years, and until their successors are elected and qualified. Terms of court. SEC. 7. That from and after passage of this Act the salary of the judge of the county court of Berrien county shall be $500.00 per annum, beginning January 1, 1903. Salary of judge.

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SEC. 8. That the fees of the county solicitor shall be fixed as is now prescribed by law. Fees of solicitor. SEC. 9. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the clerk of the superior court of Berrien county shall be deputy clerk of the county court of said county; that he shall charge and collect as fees as follows: Whole cost in civil cases of $100.00 and less, $2.00; in cases of more than $100.00, a fee of $4.00; for each copy of writ and process more than the one first copy, he shall be entitled to 50 cents; for issuing all executions, 50 cents; for issuing subp[oelig]nas in civil cases, 15 cents each; for whole proceeding in cases of forfeiture of recognizance, $4.00. Fees of clerk. SEC. 10. Be it further enacted by authority aforesaid, That from and after the passage of this Act the sheriff of Berrien county and his legal deputies shall be county court bailiffs of said county, and shall serve all writs, orders, judgments, decrees, rules, warrants, and any and all other papers originating in and coming from said county court, and for such services shall be entitled to receive costs as are now prescribed and fixed for county court bailiffs in this State, and that as such county court bailiff he shall be entitled to $2,00 per day for each day's attendance on said county court; provided, said amount thus appropriated does not exceed the sum of $36.00 for a whole year. Sheriff, fees of SEC. 11. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1902. COUNTY COURT OF BUTTS COUNTY ABOLISHED. No. 36. An Act to repeal an Act 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; and to abolish the county court of Butts county, Georgia; to provide for the disposition of all books, papers, records, dockets, minutes, and all matters pending therein. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the

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above recited Act as now embodied in the Acts of 1900, pages 151 and 152, inclusive, be, and the same is, hereby repealed, and the county court of said county of Butts is hereby abolished. County court of Butts county abolished. SEC. 2. Be it further enacted by the authority aforesaid, That all books, records, minutes, papers, and all matters in said county court of Butts be transferred to the superior court of Butts, there to be kept as part of records in the superior court; that all civil and criminal cases now pending in said county court of Butts be disposed of as like cases begun in said superior court. Records, etc., disposition of. 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 3, 1902. COUNTY COURT OF SCREVEN COUNTY ABOLISHED. No. 5. An Act to abolish the county of Screven county; to provide for the disposal of all unfinished business thereof, and all books, papers and records thereof, and for other purposes. SECTION 1. Be it ordained and enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the county court of Sereven county, as well as the offices of judge, solicitor and bailiff of said court, be, and the same are, hereby abolished. County court of Screven abolished. SEC. 2. Be it further enacted by the authority aforesaid, That all the unfinished business pending in said court be transferred to the superior court of Screven county, and there disposed of, and that all cases arising from judgments in said county court, or executions, or other processes issuing from said county court, be returned to the superior court of Screven county, and there disposed of as if upon suits originally pending in said court. Business of transferred. SEC. 3. Be it further enacted by the authority aforesaid, That the judge of said county court shall turn over to the clerk of the superior court of said county all records, dockets, paper and books belonging to said county court. Books. etc., of. 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 abolished. Approved November 18, 1902.

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GREENE COUNTY, COUNTY COURT OF, SOLICITOR FOR. No. 26. An Act to amend an Act entitled an Act to create a county court in each county of the State of Georgia, except certain counties therein mentioned, approved January 19, 1872, amended February 27, 1875, and February 20, 1877, so far as relates to the county of Greene; to provide for the appointment of a county solicitor for the county court of Greene 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 there shall be appointed by the Governor, with the advice and consent of the Senate, if in session, and if not in session, until the Senate convenes, a county solicitor for the county of Greene, who shall hold his office four years from January 1, 1904, and until his successor shall be appointed and qualified and who shall be appointed every four years thereafter, and if any vacancy occurs, said Governor shall appoint a solicitor to fill the same until the beginning of a full term as aforesaid. County court of Greene county, solicitor for. SEC. 2. Be it further enacted, That said county solicitor shall be twenty-one years of age and shall be a practicing attorney. Before entering upon the duties of his office he shall take an oath and give bond in the sum of five hundred dollars. Said county solicitor shall be removable from office in the same manner as solicitors-general. In cases of temporary vacancy, absence, sickness or disability of the county solicitor, the county judge may appoint a solicitor pro tem. Eligibility SEC. 3. Be it further enacted, That the duties of the said county solicitor shall be the same in said county court as the duties of the solicitors-general in the several superior courts of this State, and he shall receive the same fees in said county court as are allowed to the solicitor-general for similar services in the superior courts. The insolvent costs of the said county solicitor shall be paid out of the moneys arising in said court from fines and forfeitures. Duties and fees of. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved December 5, 1902.

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MARION COUNTY, COUNTY COURT OF, ABOLISHED. No. 32. 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 Marion, 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 Marion, and the county court of said county of Marion is hereby abolished; provided, however, that this Act shall not go into effect until January 1, 1903. County court of Marion 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 Marion county, be, and the same are, hereby transferred to the superior court of Marion for trial and final disposition. Business, books, etc., transferred. 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. Approved December 4, 1902.

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TITLE II. MISCELLANEOUS. ACTS. Bartow County, protection of fish in waters of. Berrien County, Board of Commissioners. Bibb County, maintenance of Macon Hospital. Clayton County, protection of fish in waters of. Columbia County, hunting in, prohibited. DeKalb County, Board of Commissioners for, established. Douglas County, manufacture of liquor in, prohibited. Elbert, Wilkes and Lincoln Counties, sale of seed cotton in. Fayette County, insolvent costs in Superior Court. Glynn County, Board of Commissioners, compensation of. Hall County, drainage of lands in. Hancock County, Commissioners for, election of. Hart County, Commissioners for, their election, etc. Jackson County, Superintendent of public roads. Johnson County, Board of Commissioners for, established. Lee County, Dispensaries for. Monroe County, drainage of lands in. Pulaski County, Dispensaries, elections for. Rockdale County, Board of Commissioners for, created. Stewart County, Dispensaries for. Wilkinson County, compensation of officers. BARTOW COUNTY, PROTECTION OF FISH IN WATERS OF. No. 184. An Act to protect fish in the streams and watercourses of Bartow county, to prescribe the mode by which fish shall be taken from the streams and other watercourses of Bartow county, to prescribe a penalty for a violation 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 from

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and after the passage of this Act, it shall be unlawful for any person or persons to take fish from any stream or watercourse in Bartow county by other means than with a hook and line. Bartow county, protection of fish in waters of. SEC. 2. Be it further enacted by the authority aforesaid, That any person or persons who shall violate 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 of the Code of 1895; provided, that this Act shall become operative upon the recommendation of any grand jury of said Bartow county at any time. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902. BERRIEN COUNTY, BOARD OF COMMISSIONERS. No. 119. An Act to amend an Act creating the board of commissioners of Berrien county, approved September the 20th, 1887, so as to provide for the compensation of the members, that of their clerk, and to further provide that said board shall be elected by a popular vote of the electors of said county, as are all of said county's officers, to limit their respective terms, 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, said board of commissioners shall be composed of three freeholders of said county and qualified voters in said county and State. Said board of commissioners shall be elected at the regular election for county officers and members of the General Assembly in October, 1904, and in the same manner and under the same rules of law governing the election of all county officers and every two years thereafter, and shall hold their office for a term of two years, and until their successors are elected and qualified; and said board shall perform all duties hereinafter prescribed, and in the event of the death, resignation or disability of any of the board or persons who may be elected, said vacancy or vacancies shall be filled by the remaining commissioners in office until other commissioner or commissioners are duly elected and qualified, which election shall take place at the next regular election for county officers. Berrien county, commissioners for, election of.

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SEC. 2. Be it further enacted by the authority aforesaid, That said commissioners shall receive as their compensation two dollars each per day of actual service rendered, out of the county treasury, to be paid by the treasurer upon certificate of the chairman and clerk of said board. Per diem. SEC. 3. And it is further provided by the authority aforesaid, That they shall, on the first Monday in January, 1903, elect a clerk for said board of commissioners who shall be one of their number, whose duty shall be to keep a record of the actings and doings of said board of commissioners at the court-house in said county, and who shall receive as compensation for the performance of said duties such sum, not to exceed three dollars per day, said three dollars to be inclusive of the two dollars per day for services as a member of said board when and for services rendered during the sittings of said board, as may be prior to his election, fixed by said board for each year. Clerk, per diem of. SEC. 4. Said commissioners shall each give bond in the sum of one thousand dollars, with sufficient securities, to be approved by and payable to the ordinary of said county of Berrien and his successors in office, and conditioned for the faithful performance of the duties of their position as said commissioners, and shall take an oath before the ordinary of said county to faithfully discharge their duties. Said commissioners shall, at the first meeting of the board, after each election, elect a chairman who shall hold office for two years and until his successor is elected; said chairman shall preside at all meetings of the board, and shall sign all processes, notices or orders or other documents in writing requiring the official signature of said board. In his absence the board may elect a chairman pro tempore, with like powers and authority. Commissioners, bond of, Chairman SEC. 5. Be it further enacted, That said commissioners shall have exclusive jurisdiction and control over the following matters, to wit: In directing and controlling all the property of the county as they may deem expedient according to law; in levying taxes according to law; in establishing, altering or abolishing roads, bridges and ferries, in conformity to law; in establishing, abolishing and changing election precincts and militia districts; in supervising the tax-collector's and receiver's books and allowing the insolvent lists for said county; for settling all claims against the county; examining and auditing all claims or accounts of officers having the care, management, keeping, collecting or disbursement of money belonging to the county or appropriated for its use and benefit, and bringing them to a settlement; in making such rules and regulations for the support of the poor as is consistent with law; in regulating peddling, to have

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and exercise the powers now granted to the court of ordinary when sitting for county purposes. Jurisdiction. SEC. 6. That said board shall meet in session on the first Monday in each month at the county site in the court-house, and not less than two of said commissioners shall pass an order or decree on any subject-matter. Meetings. SEC. 7. That said board of commissioners shall keep a record of their actings and doings in a book to be provided for that purpose, which record shall be laid before the grand jury of said county at the spring term of the superior court in each year. Records. SEC. 8. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902. BIBB COUNTY, MAINTENANCE OF MACON HOSPITAL. No. 1. An Act to authorize and empower the commissioners of roads and revenues of the county of Bibb, from the treasury of said county, to contribute toward the support and maintenance of the hospital operated by the Macon Hospital Association in the city of Macon, and for other purposes. Whereas, The Macon Hospital Association gives to sick and wounded indigent patients the same treatment, without recompense, as is given to those able to pay; and Preamble. Whereas, Many of said indigent poor so treated in said hospital are residents of the county of Bibb, and but for the care of the hospital would have become chargeable to the county; and Whereas, The Macon Hospital Association has no endowment and is supported exclusively by private charity, and its efforts could be greatly enlarged by the increase of its revenue, and that it is but proper the county should aid in its support; therefore be it Resolved by the General Assembly, That the commissioners of roads and revenues of Bibb county be, and they are, hereby authorized and empowered to enter into a contract with said the Macon Hospital Association whereby the said association would undertake to treat, free of charge, such of the citizens of said county as may be seriously ill or wounded, and who are indigent and are, or are liable to become, chargeable to the county; and in

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consideration thereof, said commissioners shall, out of the treasury of said county, pay toward the support of said hospital the sum of twelve hundred dollars annually. Bibb county, support of Macon hospital. Resolved 2d, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 15, 1902. CLAYTON COUNTY, PROTECTION OF FISH IN WATERS OF. No. 133. An Act to protect the fish and to provide the manner of fishing in Flint river and all creeks, streams, lakes, ponds and waters in Clayton county, Georgia, and to provide a penalty for the violation of 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, it shall not be lawful for any person or persons to catch or kill fish of any kind in Flint river, or any creek, lake, pond or any stream or waters in the county of Clayton, in the State of Georgia, except with hooks and lines. Clayton county, protection of fish in waters of. SEC. 2. Be it further enacted by the authority aforesaid, That it shall be unlawful to catch or kill fish by shooting, seining, netting, dynamiting, poisoning or muddying the waters, or by any other manner or device whatever, except with hooks and lines. SEC. 3. Be it further enacted by the authority aforesaid, That any person or persons violating the above and foregoing sections shall be deemed guilty of a misdemeanor and punished as other misdemeanors. SEC. 4. Be it further enacted by the authority aforesaid, That it shall be the duty of the judge of the superior court at the spring term of the court of each year to give in charge to the grand jury this act. Judge of superior court shall charge. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902.

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COLUMBIA COUNTY, HUNTING IN, PROHIBITED. No. 34. An Act making it unlawful and punishable as a misdemeanor for for any person to hunt upon the lands of another in Columbia county without the written consent of the owner thereof. The General Assembly of the State of Georgia do enact: SECTION 1. It shall be unlawful for any person to hunt with dogs, firearms or other implements upon the lands of another in Columbia county without the written consent of the owner thereof or his agent, or the person having the same in charge. Columbia county, hunting in. SEC. 2. For a violation of the provisions of this Act the guilty party shall be punished as for a misdemeanor; and if a fine is imposed, one-half of the same shall go to the informer. Approved December 4, 1902. DEKALB COUNTY, BOARD OF COMMISSIONERS FOR, ESTABLISHED. No. 103. An Act to create a board of commissioners of roads and revenues for the county of DeKalb; to provide for the election of members thereof by the qualified voters of said county; to define their powers and duties, and for other purposes. SECTION 1. The General Assembly of the State of Georgia do enact, That a board of commissioners of roads and revenues for the county of DeKalb, to consist of five (5) persons, is hereby created. Said commissioners shall be freeholders and qualified voters of said county. DeKalb county; board of commissioners established. SEC. 2. That for the purposes of this Act the said county of DeKalb shall be divided into five road districts, to be constituted as follows, to wit: The first road district shall be composed of the Edgewood, Kirkwood and Decatur militia districts. The second road district shall be composed of the Mill, Pantherville and McWilliams militia districts. The third road district shall be composed of the Philipps, Lithonia and Diamond militia districts. The fourth road district shall be composed of the Redan, Evans, Stone Mountain and Clarkston militia districts. The fifth road district

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shall be composed of the Brownings, Danville, Cross-Keys and Shallowford militia districts. Road districts. SEC. 3. The first commissioners to be chosen under this Act shall be elected by the qualified voters of said county on the first Tuesday in January, 1903, at a special election to be ordered by the ordinary of DeKalb county, which said election shall be held and conducted under the election laws of this State governing the election of county officers. The returns thereof shall be made to the ordinary, and the result be by him declared, and the said board as so declared elected shall meet and organize within ten days after the result of the election is officially declared. Not more than one of said commissioners shall be elected from one of the road districts herein created, and no commissioner shall be elected for any road district who is not a freeholder and bona fide citizen of the road district from which he is elected. In the election of said commissioners, one for each road district as herein prescribed, they shall each be elected by the qualified voters of the entire county, and not by the qualified voters of one road district. The term of office of said commissioners shall be for four years, provided that at the first meeting and before organization of said board, and under the supervision of the ordinary of said county, the commissioners elected shall draw for terms, to wit: Two for two short terms, to expire January first, 1905, and three for full terms, to expire January first, 1907, and as these terms expire their successors shall be elected for full terms of four years each, which shall begin on January first. After the first special election provided for hereunder said commissioners shall be elected at the same time and under the same laws as county officers. Commissioners, election of. SEC. 4. Members of the board of commissioners herein created shall receive as their compensation two dollars per day for each day of actual service, said compensation to be paid out of the county treasury by the county treasurer upon certificate of the chairman and clerk of said board. The said commissioners shall elect a clerk of said board, who may be one of their own number, whose duties it shall be to keep a record of the actings and doings of the board at the court-house in said county, and who shall perform such other duties as may be assigned him by said board. He shall receive such compensation for the performance of his duties, as may be fixed by the board in advance of his election, not to exceed seven hundred and fifty dollars per annum; provided that, if a member of said board be elected clerk, the compensation fixed as above prescribed shall be the sole compensation, and he shall not receive, in addition thereto, any per diem as a member. The said commissioners shall at their first meeting elect a chairman of said

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board from their own membership, fix his term and prescribe his duties. Said commissioners shall give bond in the sum of one thousand dollars each, with sufficient security, to be approved by the judge of the superior court of said county, payable to the ordinary of said county and his successor in office and conditioned for the faithful performance of their duties as commissioners. Before entering upon their duties said commissioners shall take an oath before the ordinary for the faithful performance of their duties. Per diem. Clerk, duties and compensation. Commissioners' bonds and oath. SEC. 5. Said commissioners shall have exclusive jurisdiction and control over the following matters, to wit: In directing and controlling all the property of the county as they may deem expedient, according to law; in levying taxes according to law; in establishing, altering or abolishing roads, bridges and ferries, according to law; establishing, abolishing or changing election precincts and militia districts; in supervising the tax-collectors' and tax-receivers' books and allowing the insolvent lists for said county; in settling all claims against the county; examining and auditing all claims or accounts of officers having the care, management, keeping, collecting, or disbursement of money belonging to the county or appropriated for its use and benefit, and bringing them to settlement; in controlling, naming and managing the convicts of said county, according to law; in making rules and regulations for the support of the poor of the county, and for the promotion of health, and electing and appointing all minor officials of said county where election is not otherwise provided for by law, such as superintendent and guard of convicts or of chain-gangs, janitor of the court-house, superintendent of the pauper farm, county physician and health officer, and other guards as needed and authorized by law; in regulating peddling, and to have and to exercise all the powers heretofore vested in the ordinary of said county when sitting for county purposes, and to exercise such other powers as are granted by law or as are indispensable to their jurisdiction over county matters and county finances. Jurisdiction of commissioners. SEC. 6. Said board shall have the entire control and management of the convicts in said county sentenced to work on the public roads of said county, and shall employ them on the public roads and bridges or works of said county. Convicts. SEC. 7. Said board shall hold at least one session on the first Monday of every month, at the county site and in the court-house building, where it shall keep a regular office. At the request of a majority of the board, the chairman may at any time call an extra session; written notice of such shall be served on each member. No less than three members of said board shall pass any

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order on any subject-matter, and this shall be shown on the minutes by a recorded yea and nay vote. The chairman shall vote on all measures before the board. Sessions of board. SEC. 8. Any vacancy that may occur in said board, by death, resignation, removal or otherwise, shall be filled at a special election to be called by the ordinary after thirty days' notice thereof in the public gazettes of the county and to be held under same laws as the regular election. Said election to be held only for the unexpired term. Removal from any road district by a commissioner elected for such road district shall vacate his office. Vacancies. SEC. 9. The members of the board of commissioners shall be exempt from jury duty during their terms of office. Exemption. SEC. 10. At the first election to be held hereunder on the first Monday in February next, the ordinary shall also order and provide for an election for the approval of this Act by the qualified voters of DeKalb county before it shall go into effect. Said election shall be held at the same time, by the same managers, and under the same rules and regulations as is the election for the members of said board. The ordinary shall furnish printed tickets to the managers, upon one-half of which shall be printed the words For Commissioners of Roads and Revenues, and on one-half the words Against Commissioners of Roads and Revenues. At said election separate ballot boxes shall be provided in which said ballots for approval or disapproval shall be deposited. They shall be counted and returns made thereof, in separate envelops, to the ordinary, who shall canvass the same and declare the result. If a majority of the qualified voters of said county, voting in said election, vote Against Commissioners of Roads and Revenues, as therein by the canvass and official declaration of said ordinary, then this Act shall not go into effect, but shall be null and void and no further action hereunder shall be taken. If a majority of the qualified voters, voting in said election vote For Commissioners of Roads and Revenues, then this Act shall be in effect, and the ordinary shall proceed to canvass and declare the result for the election of members of said board as hereinbefore provided. The last registration list made for the last general election shall be taken as a test as to who shall be entitled to vote at said election. Election for establishment of board and for commissioners. SEC. 11. All laws and parts of laws in conflict with this Act are hereby repealed. Approved December 18, 1902.

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DOUGLAS COUNTY, MANUFACTURE OF LIQUOR IN, PROHIBITED. No. 65. An Act to make it unlawful to manufacture, make or produce any alcohol, spirituous, malt or intoxicating liquors, except domestic wines, in the county of Douglas, and to prescribe a penalty for violating 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 to manufacture, make or produce any alcohol, spirituous, malt or intoxicating liquors, except domestic wines, in the county of Douglas. Douglas county, manufacture of liquor in, prohibited SEC. 2. Be it further enacted, That any person or persons, firm or corporation, their agents or employees, violating the provisions of this Act, shall be guilty of a misdemeanor, and, upon conviction, shall be punished as prescribed in section 1039 in volume 3 of the Code of 1895. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved December 10, 1902. ELBERT, WILKES AND LINCOLN COUNTIES, SALE OF SEED COTTON IN. No. 135. An Act to regulate the traffic in seed cotton in the counties of Elbert, Wilkes and Lincoln, providing a penalty for violation of 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 traffic in seed cotton by purchase, barter or exchange, in the counties of Elbert, Wilkes and Lincoln, within the periods hereinafter named without license, is prohibited. Elbert, Wilkes and Lincoln counties. SEC. 2. Be it further enacted, That the clerk of the court in the above named counties be, and is, hereby authorized and empowered to issue license to traffic in seed cotton by purchase,

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barter or exchange, within the period beginning the 15th day of August and ending the 15th day of December of each year, to such person or persons as shall file with said clerk a written application therefor, the granting of which shall be recommended by at least 10 landowners, resident within the district wherein said applicant intends to do business. Such license shall specify the exact place whereat the said business shall be carried on, and the period within which such traffic is permitted, and shall continue for the space of time above named, and for such license, if granted, a fee of five hundred ($500.00) dollars shall be paid by the applicant to the county treasurer for the use of said county. License for sale of cotton seed in SEC. 3. Be it further enacted, That any person who shall hereafter traffic in seed cotton by purchase, barter or exchange, without first having obtained a license as above provided, shall be guilty of a misdemeanor, and on conviction shall be punished for each offense by a fine of not less than one hundred ($100.00.) dollars, or by imprisonment for not less than one year, or by both fine and imprisonment within the discretion of the court. Sale without license prohibited. SEC. 4. Be it further enacted by the authority aforesaid, That any person to whom license to traffic in seed cotton may be granted shall keep at said place of business a book, in which shall be entered the date of every purchase, from whom purchased, and the quantity purchased, which book shall always be open to inspection of persons applying therefor, and any person to whom a license may be granted as herein provided, failing to comply with the requirements of this section, shall, on conviction, be liable to the penalties specified in section 3. Record of purchases by person holding license. SEC. 5. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902.

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FAYETTE COUNTY, INSOLVENT COSTS IN SUPERIOR COURT. No. 20. An Act to repeal an Act entitled an Act to provide for the payment of insolvent cost due the clerk of the superior court and the sheriff of the county of Fayette, approved February 20, 1873. 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 for the payment of insolvent cost due the clerk of the superior court and the sheriff of the county of Fayette, approved February 20, 1873, be, and the same is, hereby repealed. Fayette county, insolvent costs in superior court of. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 1, 1902. GLYNN COUNTY, BOARD OF COMMISSIONERS, COMPENSATION. No. 37. An Act to amend an Act entitled an Act to amend an Act entitled an Act to create a board of commissioners of roads and revenues in the county of Glynn, so as to provide for the election of such commissioners by the people, and to increase the number of such commissioners, so that each militia district in the county shall have representation on said board, and for other purposes; to provide for compensation for the chairman and clerk of said board not to exceed the sum of three hundred dollars per annum each, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 6 of the Act approved December 15, 1898, entitled an Act to amend an Act entitled an Act to create a board of commissioners of roads and revenues in the county of Glynn, so as to provide for

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the election of such commissioners by the people, and to increase the number of such commissioners, so that each militia district in the county shall have representation on said board, and for other purposes, be, and the same is, hereby amended by adding after the word compensation, in the first line thereof, the words of each; by adding after the word commissioners, in the second line thereof, the words except the chairman of said board, and by adding after the word business, in the third line thereof, the words and the compensation of the chairman of said board shall be fixed by said board at a sum not to exceed three hundred dollars per annum, so that said section as amended shall read: The compensation of each of said commissioners, except the chairman of said board, shall be two dollars per day for each day they shall hold meetings for the transaction of the county business, and the compensation of the chairman of said board shall be fixed by said board at a sum not to exceed three hundred dollars per annum; such compensation to be paid out of the county treasury; provided, that no member shall be paid such per diem for any session of the board from which he was absent; and provided further, that such compensation shall not be paid for more than twenty sessions of the board per annum. Glynn county. Commissioners for, per diem of. Chairman, salary of. SEC. 2. Be it further enacted by the authority aforesaid, That section 7 of said Act be, and the same is, hereby amended by striking therefrom, where they occur, the words one hundred and fifty, and inserting in lieu thereof the words three hundred, so that said amended section shall read: Said board may elect a clerk, whose duties shall be defined by said board, with such compensation, to be paid out of the county treasury, as they may see proper to give him; said compensation, however, shall not exceed three hundred dollars per annum. Clerk, salary of. SEC. 3. Be it further enacted by the authority aforesaid, That the provisions of this Act shall take effect from the 1st day of January, 1903. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 5, 1902.

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HALL COUNTY, DRAINAGE OF LANDS IN. No. 213. 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 Hall 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 landowners 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 landowners in Hall 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. Hall county removal of obstructions in waters of. SEC. 2. Be it further enacted by the authority aforesaid, That should any landowner in said county fail or refuse to remove the obstructions provided for in the first section of this Act, by the 1st day of September in each year, then, in that event, it shall be lawful for any adjoining landowner, after first giving said landowners 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. SEC. 3. Be it further enacted by the authority aforesaid, That whenever a running stream is the dividing line between two landowners, and either of said landowners shall fail or refuse to join

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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 hereby provided for. Streams being dividing line of landowners. SEC. 4. Be it further enacted by the authority aforesaid, That whenever the owner of any land in said county of Hall shall cut or dig any ditch or drain to the line of an adjoining landowner and it shall be necessary to extend such ditch or drain through the lands of such adjoining landowners to a proper outlet in order to drain his lands, and such adjoining landowner refuses to extend such ditch or drain, or to allow the same to be extended through his or her land, 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 landowner to a proper outlet, to do so at his own expense; and if the lands of such landowners be injured or decreased in value by reason of such ditch or drain, the party so injured shall be paid reasonable compensation by the party so ditching or draining through said lands, the amount of such damage to be determined by three freeholders of said county, to be appointed by the ordinary thereof. Drainage. SEC. 5. Be it further enacted by the authority aforesaid, 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 Hall, and that none of the provisions of this Act shall take effect until the same is recommended by the grand jury of Hall county. Stream being county line. SEC. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1902.

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HANCOCK COUNTY, COMMISSIONERS FOR, ELECTION OF. No. 30. An Act to amend an Act to create a board of roads and revenue in the county of Hancock; to define their powers and duties, and for other purposes, approved October 5, 1885, and Acts amendatory thereof, so as to provide for the election of the commissioners of roads and revenue in the county of Hancock, by the duly qualified voters thereof, and to provide the manner, time and place of said election, and terms of 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 the authority of the same, That the above referred to Act, the same being an Act to create a board of roads and revenue in the county of Hancock; to define their powers and duties, and for other purposes, approved October 5, 1885, be, and the same is, hereby amended by striking therefrom so much of section 1 as provides for the election of commissioners by the grand jury; and section 2, which provides the term of office of the board, and when the term shall begin, how vacancies are to be filled; and substitute in lieu thereof the following: Hancock county. SEC. 2. Be it enacted, That there shall be a board of roads and revenue for Hancock county, consisting of three citizens of said county; and the terms of said commissioners shall be for two years; they shall be elected at the same time and by the same electors as members of the General Assembly and county officers are elected in 1904, and every two years thereafter; and the result of the election shall be declared as the result is declared in case of other county officers, and in case of contest the method shall be as in case of other county officers; the terms of office of the present commissioners shall be as follows: All of the commissioners now in office shall hold over until January 1, 1905, at which time their terms of office shall expire. In the event of a vacancy in said board of roads and revenue, the ordinary of Hancock county shall appoint some one to fill said vacancy, who shall hold such position for the unexpired term. Commissioners for, election of.

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SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 4, 1902. HART COUNTY, COMMISSIONERS FOR, THEIR ELECTION, ETC. No. 136. An Act to amend an Act creating a board of commissioners of roads and revenues in the county of Hart, approved December 2, 1901, so as to provide for the election of said commissioners by the qualified voters of said county; how long they shall hold their office; to require them to give bond and security for the due and legal performance of their official duties, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That section 2 of said Act be, and the same is, hereby repealed and the following enacted in lieu thereof, to be known as section 2 of said Act: That the successors to the present commissioners shall be elected by the next grand jury that convenes in said county, to hold their offices until their successors are elected and qualified. That beginning with the regular State election in the year 1904, and biennially thereafter at the regular State election, three commissioners for said county shall be elected by the qualified voters thereof, to hold their terms of office for the period of two years or until their successors are elected and qualified. All vacancies by death, removal, disability or resignation shall be filled by the first grand jury which convenes after such vacancy. Hart county, commissioners for, election of. SEC. 2. Be it further enacted, That section 3 of the above recited Act be amended by adding at the end of said section 3 the following: And give bond and security to be approved by the ordinary of said county and payable to said ordinary and his successors in office, in the sum of five thousand dollars, conditioned for the due and legal performance of their official duties. Board of. SEC. 3. Be it further enacted, That section 4 of said Act be and the same is, hereby repealed and the following enacted in lieu thereof, to be known as section 4: That upon the election of said commissioners it shall be the duty of the clerk of the superior court to certify to the Governor under the seal of his office the

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names of the persons elected and the Governor shall, upon the receipt thereof, commission them for the term to which they may have been elected and upon presentation of their commissions, taking the oath of office and giving bond and security as hereinbefore prescribed, they shall enter at once upon the discharge of their duties. Commissioners. SEC. 4. Be it further enacted, That section 7 of said Act be amended by inserting after the words each month, in the second line, the words if the interest of the county render it necessary, and inserting in the sixth line, after the words superior court, the following: together with a full itemized report of all receipts and expenditures of money and all their acts and doings since the previous term. SEC. 5. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved December 17, 1902. JACKSON COUNTY, SUPERINTENDENT OF PUBLIC ROADS. No. 183. An Act to amend an Act entitled an Act to create a board of county commissioners of Jackson; to prescribe the mode of their election; to fix their compensation and to define their powers and duties, and for other purposes, approved December 18, 1901, so as to provide what the qualifications and compensation of the superintendent of the public roads of Jackson county shall be, 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 any person appointed or to be appointed by the ordinary or commissioners of roads and revenues of Jackson county, to the position of superintendent of public roads of said county, must possess and have the qualifications of a civil engineer, and understand drainage and irrigation. Jackson county, superintendent of roads, qualifications of. SEC. 2. Be it further enacted by the authority aforesaid, That a certificate from the professor of civil engineering of the University of Georgia, that such person so appointed is qualified and understands civil engineering, drainage and irrigation shall be

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sufficient evidence of such qualification, and only those possessing such certificates are eligible to the position of superintendent of the public roads of Jackson county. SEC. 3. Be it further enacted by the authority aforesaid, That the superintendent appointed as herein provided shall receive as his compensation three dollars per day for each day of work performed. Per diem. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902. JOHNSON COUNTY, BOARD OF COMMISSIONERS FOR, ESTABLISHED. No. 2. An Act to create a board of commissioners of roads and revenues for the county of Johnson and to define their duties and powers and fix their compensation, and for other purposes. SECTION 1. Be it enacted, That there shall be established in the county of Johnson a board of commissioners of roads and revenues, consisting of three persons, to wit: J. W. Brinson, Sr., E. J. Sumner and Geo. M. Riner, who shall hold their offices until the first day of January, 1905, and their successors shall be elected by the qualified voters of said county on the first Wednesday in October, 1904. Johnson county, board of commissioners for. SEC. 2. Be it further enacted, That the term of office of the above named commissioners shall commence upon the passage of this Act, and hold their first meeting on the first Tuesday in January, 1903, on which date said board shall organize with full power to act as a board of commissioners of said county, exercising jurisdiction over all county matters set forth by general enactment, as well as all matters specially mentioned in this Act. Organization of. SEC. 3. Be it further enacted, That in case of vacancy in said board occasioned by death, resignation or otherwise, between the passage of this Act and the election and qualification of the successors to said members of said board, the judge of the superior court of the Middle Circuit shall fill said vacancy for the unexpired term. Vacancies. SEC. 4. Be it further enacted, That two of said members shall

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constitute a quorum for the transaction of any business that may come before said board. Quorum. SEC. 5. 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: First, in building and repairing and controlling all property of the county as they may deem expedient, according to law. Second, in levying a general tax for general purposes, and a special tax for special purposes, according to the provisions of the Code and special enactments of the General Assembly. Third, in establishing, altering, building, repairing and abolishing all roads, bridges and ferries in the county of Johnson, in conformity to law. Fourth, in establishing and changing election precincts and lines of militia districts. Fifth, in examining, auditing and allowing all claims for or against the county of Johnson. Sixth, in examining and auditing the accounts of all county officers who receive or pay out money of the county or State, and in examining and reviewing all matters of record as required to be kept by law. Seventh, in collecting and disbursing all funds belonging to the county or appropriated for its use or benefit, and in bringing all debtors of the county to a speedy settlement. Eighth, in making such rules and regulations for the support and maintenance of the poor of said county, and for the promotion of health, as are permitted by law. Jurisdiction. SEC. 6. Be it further enacted, That said board shall meet at the court-house in said county, and hold their sessions at such times as may be agreed upon and advertised by them. Sessions. SEC. 7. Be it further enacted, That for each day's service rendered by the members of said board they shall receive $2.00. Per diem SEC. 8. Be it further enacted, That said board shall have power to appoint one of their number as secretary of said board and fix his compensation for such service. Secretary SEC. 9. Be it further enacted, That the acts and doings of said board shall be open for the inspection of the public and they shall cause each county officer, who handles the county's money, to make an itemized showing to the grand jury twice each year, showing all money received and from what source, and all money paid out and for what purpose. Reports. 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. Approved November 15, 1902.

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LEE COUNTY, DISPENSARIES FOR. No. 82. An Act to prohibit the sale of spirituous, vinous and malt liquors and intoxicating bitters and ciders in the county of Lee, except as in this Act provided; to regulate and control the sale thereof through the medium of dispensaries, one to be located in each incorporated town of said county upon the recommendation of the municipal authorities thereof; to establish and perpetuate a board of commissioners for the management thereof; to provide for the equal division of the profits between the several towns and the said county of Lee; to provide for the appropriation of the moneys arising from the said dispensaries; to prescribe their powers, duties and rights, 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 first day in January, 1903, it shall not be lawful to sell within the county of Lee any spirituous, vinous, malt liquors and intoxicating bitters and ciders, except as provided in subsequent sections of this Act, and any person on and after that day who may do so shall be guilty of a misdemeanor, and on conviction shall be punished by a fine not to exceed one thousand dollars ($1,000.00), imprisonment not to exceed six months, to work on the chain-gang or the public works or on such other works as the county authorities may employ the chain-gang, not to exceed twelve months; any or all of these punishments in the discretion of the judge. No municipal authorities of any city or town in said county shall have any authority after the passage of this Act to grant, renew, or issue any license for the sale of spirituous, vinous, malt liquors and intoxicating bitters and ciders. Lee county, sale of liquor or other intoxicants in. SEC. 2. Be it further enacted by the authority aforesaid, That the persons now holding the position of commissioners of roads and revenues for Lee county and their successors in office, shall be known as the dispensary commissioners of Lee county, and the same are hereby constituted a body corporate under the name and style of dispensary commissioners of Lee county, for the purpose of establishing a dispensary or dispensaries in said county for the sale of spirituous, vinous, malt and intoxicating liquors and intoxicating bitters and ciders. Said commissioners

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shall have power to elect from their board a chairman by majority vote of the said board of commissioners, and said board shall have power to sue and be sued, to plead and to be impleaded, to have and use a common seal and do such other acts as may come within the scope of the said business. Said dispensary commissioners, before entering upon the discharge of their duties, shall take and subscribe before some officer authorized to administer oaths an oath to faithfully and impartially administer the duties of said officer. The mayor of the town in which any dispensary shall be located shall have the power, by and with the advice and consent of the council of said town, to appoint one person, who shall by virtue of said appointment be ex officio a member of said commission as far as relates to the dispensary located in that particular town, and who shall be empowered to meet with the said commission and examine the said books and accounts and vouchers of the same, and otherwise advise as to the proper conduct of the said dispensary. Dispensary commissioners. SEC. 3. Be it further enacted by the authority aforesaid, That said dispensary commissioners shall have power to elect a secretary and treasurer from the citizens of said county, who shall give good and solvent bond in the sum of not less than two thousand ($2,000.00) dollars, for his faithful discharge of the duties intrusted to him and for a proper accounting for all moneys coming into his hands by reason of such office. Such bond shall be approved by the said commissioners. The salary of the the said secretary and treasurer shall not exceed the sum of one hundred ($100.00) dollars a year; provided, that the clerk of the county commissioners or the ordinary of said county shall be qualified for said office, in case the said commissioners shall choose either of said officers as secretary and treasurer. Secretary and treasurer. SEC. 4. Be it further enacted, That said dispensary commissioners provided by this Act shall maintain at some suitable place in the town adopting this Act a dispensary for the sale of the liquors mentioned in the preceding part of this Act. They shall establish in each of the incorporated towns in the said county of Lee, and such other towns as may be hereinafter incorporated in said county, a dispensary for the sale of spirituous, vinous, malt and intoxicating liquors and intoxicating bitters and ciders, whenever the municipal authorities shall by proper ordinance or resolution determine that it is desirable to have a dispensary in the said town. When the said dispensary commissioners are thus advised, they shall take immediate steps to put in operation a dispensary in the said town at some suitable and central place. They shall elect a man of good, sober habits

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and good moral character, who shall be a citizen of said town in which the said dispensary is located, who shall be known as dispensary manager and shall have charge of the said dispensary under their supervision. Said manager shall be chosen for one year, but shall be removable at any time at the option of the said commissioners, for neglect of duty or for violation of law, and it shall be the duty of the said dispensary commissioners to see that the rules for the management of the said dispensary laid down in this Act, are faithfully carried out. Said manager shall take and subscribe an oath to faithfully discharge his duties and shall give bond to be approved by the dispensary commissioners in such sum as the said commissioners may deem necessary, conditioned to faithfully account for all moneys and effects, goods or merchandise, that may come into his hands by reason of his employment as said dispensary manager, and for faithful discharge of the duties required of him as manager aforesaid, by reason of the provisions of this Act, or of any reasonable rule or requirement of the said commissioners for the management of the said dispensary. His compensation shall not be dependent upon amount of sales, but be fixed at a sum certain, and shall not be changed during his term of office. Said manager shall receive no present of whiskies, moneys, or other thing from sellers to the said dispensary or prospective sellers thereto, or from liquor dealers during his term of office, and a violation of this provision shall subject him to discharge from office and impeachment, as provided in case of the aforesaid dispensary commissioners; provided, the provisions of this Act shall not be construed to repeal a local Act allowing the establishment of a dispensary at Leesburg, until the provisions of the same shall be adopted by the other incorporated towns of Lee county of over three hundred population. Dispensaries. Manager. SEC. 5. Be it further enacted, That said manager shall, under the direction and supervision of the said dispensary commissioners, purchase and at all times keep for sale a stock of whiskies, spirituous, vinous, malt and intoxicating liquors and bitters and ciders, in such quantities as may be deemed necessary. All bills incurred in the operation of the said dispensary shall be paid by the secretary and treasurer upon presentation, when the same are properly approved by a majority of said commissioners, and the manager shall sell only for cash, and shall make weekly settlements of the said business with the treasurer of said board. Dispensary stock. Weekly settlements. SEC. 6. Be it further enacted, That the said commissioners shall make such rules and regulations for the government of said dispensary as they may deem proper, not in conflict with

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State laws and the provisions of this Act. The quantity sold to any one purchaser shall not be over four gallons and not less than one-half pint, and none shall be drunk on the premises where the said dispensary is located. Said dispensary shall not be opened before sunrise, nor closed later than sundown; shall be closed whenever the State laws so require, and on such other days as the commissioners may deem proper, and shall be likewise bound by all needful rules and regulations of the town authorities in which the same may be located, and the ordinances of said town. And the said manager, for failure to obey the same, is liable to a fine and imprisonment by the proper authorities, as the rules and laws may be broken thereof. Sales. SEC. 7. Be it further enacted, That the said manager shall sell to no person other than sealed packages (sealed with cork shall be taken to mean sealed, without stamps and wax), and shall keep no broken packages in the said dispensary; provided, a warehouse over which the said manager has control shall not be intended by this Act, if the same be kept in charge by the said dispensary commissioners and apart from the salesroom of the said dispensary, but separate and distinct room from same. Whenever a package shall be broken in the said dispensary, it shall at once be sealed and bottled. Said manager shall make a monthly report to the said commissioners, showing amount of sales, amount of stock on hand and the general condition of the said dispensary. Said commissioners shall cause an inspection and analysis of the stock on hand at any time by a competent chemist, the expense to be paid by the treasurer of the said dispensary commissioners. Packages. SEC. 8. Be it further enacted, That said manager shall allow no one to loiter in and around said dispensary premises, the sidewalk immediately in front of said dispensary being included in this provision, and for a violation of this provision the said manager shall be discharged from office. And it shall be the duty of the said manager to have any person who may drink on the said premises or loiter, after being told not to do so, arrested and brought before the mayor's court for trial, and fined or imprisoned for the offense of disorderly conduct. Loitering SEC. 9. Be it further enacted, That said dispensary shall be maintained from the profits of the said dispensary; provided, that to start the same the said board are authorized to pledge the credit of the said board, to borrow money or make other arrangements for stock, the said amounts to be paid back from the first profits of the same. In no event shall the proceeds of

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one dispensary, in case there are more than one, be used for the purpose of defraying the expenses of another one, but each must be self-sustaining or the same shall be discontinued. Maintenance of dispensaries. SEC. 10. Be it further enacted, That the said dispensary commissioners shall disburse the net profits of the said dispensary as follows: One-half shall be paid into the county treasury of Lee county for the benefit of the road and school funds of said county, to be divided equally, and one-half to the treasury of the city or town in which the said dispensary is located, from which the said profits are derived, one-half of said profits to go to the schools of said city or town. Profits. SEC. 11. Be it further enacted, That said commissioners shall, in providing a dispensary for Leesburg, Ga., in which a dispensary is now located, take over the stock of the said dispensary at a fair valuation, to be agreed on by the said dispensary commissioners and the town authorities, and shall pay the said town for the same, as may be agreed onand the said Leesburg dispensary is hereby allowed to run as formerly, until the provisions of this Act can be complied with and the transfer made according to law. Leesburg dispensary SEC. 12. Be it further enacted, That it shall be a misdemeanor for any of said commissioners to take any rebate commission or advantage from any sale, or any present of any kind in money, liquors or other thing from any one who has dealings as creditor or purveyor to the said dispensary. And the receipt of any sample of whisky or other goods from said parties who may sell to the said dispensary shall be prima facie evidence of guilt and shall be so taken in the courts, and any officer who may be so connected with the said dispensary and shall receive any subsidies or presents from any sellers to the said dispensary or their agents, shall be discharged upon impeachment proceedings before the superior court of said county and disqualified from holding any office of profit or trust in this State after conviction for this offense. Said party so offending shall be prosecuted in the criminal courts for malfeasance in office; provided, that nothing in the provisions of this Act shall be construed as prohibiting the sale of domestic wines by the growers thereof, in quantities of not less than one quart to each purchaser, and this Act is not intended to conflict with or repeal any existing law relating to the sale of domestic wines. Commissioners, [Illegible Text] of. SEC. 13. Be it further enacted, That the provisions of this Act shall not become operative until the same has been submitted to and adopted by the qualified voters of said county of Lee at an election to be held within sixty days from the passage of

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this Act, the same to be advertised for four weeks and ordered by the ordinary of said county, to whom the returns shall be made, and who shall consolidate and declare the result. Said question shall be submitted at a time when no other issue is submitted to the voters, and registration books for registering voters shall be opened as soon after the election is ordered as is practicable, and shall be closed 20 days before the holding of said election; and no one shall vote at said election except those who qualify and register under the provisions of this Act. At said election, those in favor of adopting the provisions of this Act shall have written or printed on their ballots the words For Dispensaries, and those opposed shall have written or printed on their ballots the words Against Dispensaries; and if at said election a majority of the votes cast are For Dispensaries, then this Act shall immediately become operative, upon the declaration of such result by the ordinary. Election for dispensaries. SEC. 14. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 15, 1902. MONROE COUNTY, DRAINAGE OF LANDS IN. No. 24. An Act providing for the removal of all obstructions of all kinds other than dams used for operating mills or machinery of other kind from creeks and other running streams of the county of Monroe; to compel the owners of land in said county in which said streams may flow to remove said obstructions; providing in what manner the same may be removed when said landowners neglect or refuse to remove such obstructions, and to provide for the drainage of the lands in said county through which said streams flow, and extension of drains or ditches through lands of another, and to provide for the payment of all damages which may be sustained by such landowners through whose lands such drains or ditches be cut or extended, and for other purposes SECTION 1. Be it enacted by the Assembly of Georgia, That rrom and after the passage of this Act all landowners in Monfoe county, Georgia, shall, during the months of July, August

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and September in each year, remove from the running streams of water upon their respective lands, all obstructions, including trash, trees, timber, rafts and other obstructions, except dams erected for the purpose of running machinery or for fish ponds, which are excepted from the operation of this Act. Monroe county, removal of obstructions from waters of SEC. 2. Be it further enacted by the authority aforesaid, That should any landowner in said county fail or refuse to remove the obstructions provided for in the first section of this Act by the first day of October in each year, then, and in that event, it shall be lawful for any adjoining landowner, or any other landowner on the same stream, after first giving said landowners so failing or refusing to comply with this Act, ten days' notice of his intention to do so, to enter upon the lands of said owner so failing and refusing to do so, and to remove such obstruction, or have the same removed, and that the owners of said lands shall be liable to pay the party removing or having such 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 in force as other laborer's liens are now in force under the law, and be enforced in the same way. SEC. 3. Be it further enacted by the authority aforesaid, That when a running stream is the dividing line between two landowners, and either of said owners shall fail or refuse to join the other in removing the obstructions provided for in the first section of this Act, or shall refuse to remove them from his half of said stream, it shall be lawful for the other, after giving notice required in the second section of this Act, to enter and remove, or have removed, such obstructions, and shall be entitled to reasonable compensation for one half of such labor, to be collected as provided in the second section of this Act, and shall have the same lien as is herein provided for. Stream, the dividing line between land-owners. SEC. 4. Be it further enacted by the authority aforesaid, That whenever the owner of any land in said county of Monroe shall cut or dig any ditch or drain to the line of an adjoining landowner, and it shall be necessary to extend such ditch or drain through the lands of some adjoining landowner to a proper outlet in order to drain his land, and such adjoining landowner refuses to extend such ditch or drain or to allow the same to be extended through his or her lands, then, and in that event, it shall be lawful for the party or parties desiring to extend such drain through the land of such adjoining landowner to a proper outlet, to do so at his own expense; and if the land of such landowners be injured or decreased in value by

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reason of such ditch or drain, the party so injured shall be paid reasonable compensation by the party so ditching or draining through said lands, the amount to be determined by three free-holders of said county, to be appointed by the ordinary thereof. Drainage. SEC. 5. Be it further enacted, That this shall not apply to any stream where it is the dividing line between Monroe and another county. 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. Approved December 5, 1902. PULASKI COUNTY, DISPENSARIES, ELECTIONS FOR. No. 73. An Act to provide that whenever there is one or more dispensaries in Pulaski county established and maintained under the local Act approved November 15, 1901, which provides for the establishment of dispensaries in certain incorporated towns in said county, on certain conditions, and as many as one-third of the voters who are qualified to vote for members of the General Assembly in said county present a petition in writing to the ordinary for an election as hereinafter set out, that it shall be the duty of the ordinary of said county to order an election to be held at the places for holding the elections for members of the General Assembly, to determine whether said dispensaries shall continue or not; and to provide that similar elections may be held at certain times when there are no dispensaries in operation in said county; and to provide that the subsequent steps shall be the same as are provided in article 4, chapter 8, title 13, of the first volume of the Code, 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 whenever there shall be in operation in the county of Pulaski a dispensary or dispensaries, established by virtue of a local Act therefor, approved November 15, 1901, and one-third of the voters who are qualified to vote for members of the General Assembly petition in writing the ordinary of said county, said ordinary shall order an election to be held at the

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places for holding elections for members of the General Assembly, to take place within forty days after the reception of said petition, to determine whether or not the dispensary or dispensaries so established shall be continued. Pulaski county, elections to discontinue dispensaries. SEC. 2. Be it further enacted by the authority aforesaid, That sections 1543, 1544, 1545, 1546, 1547, of the 1st volume of the Code of 1895 shall apply to the election held under this Act. SEC. 3. Be it further enacted by the authority aforesaid, That if for any cause the dispensaries now being maintained in Pulaski county are discontinued, either by a direct repeal of the original Act, or by a vote of the people as herein provided for, the ordinary shall upon the petition of one-fourth of the voters qualified, as provided in section 1 of this Act, in the same manner call an election to determine whether the local Act for Pulaski county, approved November 15, 1901, shall be of force in said county; and the subsequent steps shall be the same as above outlined. [Illegible Text] to reestablish dispensaries. SEC. 4. Be it further enacted by the authority aforesaid, That if ever the people in the manner herein pointed out vote to close up dispensaries at any time in operation in Pulaski county, the same shall be closed up in the shortest practicable time and manner, not later than three months from the declaration of the result of said election. Discontinuance. SEC. 5. Be it further enacted by the authority aforesaid, That if the people by vote, in the manner above indicated, shall at any time when there are no dispensaries in operation in said county, declare in favor of the reestablishment of dispensaries, then said local Act for Pulaski county, approved November, 1901, shall become effective. Reestablishment. SEC. 6. Be it further enacted by the authority aforesaid, That nothing in this Act shall be construed to permit the establishment of any dispensary in any town or city of Pulaski county, unless the municipal authorities of such town declare therefor by resolution duly adopted. Municipal authorities. SEC. 7. Be it further enacted, That all laws and parts of laws in conflict be, and they are, hereby repealed. Approved December 10, 1902.

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ROCKDALE COUNTY, BOARD OF COMMISSIONERS FOR, CREATED. No. 208. An Act to provide for a board of commissioners of roads and revenues for the county of Rockdale, to provide for their election by the people, to prescribe their powers and duties, 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 authority of same, That from and after the passage of this Act, a board of county commissioners be and is hereby created and established in and for the county of Rockdale, consisting of five persons, one of whom shall reside within the corporate limits of the city of Conyers, one in Rockdale district outside the city limits, one in Sheffield district, one in Honey Creek district and one in Lorraine district, each of whom shall have been residents of said county for at least two years previous to their election, and said commissioners shall hold their offices for the term as provided for in section 8 of this Act. Rockdale county, board of commissioners for SEC. 2. Be it enacted by authority of same, That the board of commissioners so organized by this Act shall have exclusive jurisdiction, care and control over bridges, public roads, public buildings and other property of the county, and shall exercise a jurisdiction invested in the ordinary over the following subject-matters, to wit: In assessing general and special taxes for county purposes, in examining and settling the accounts of all officers charged with the collection, keeping or disbursement of public moneys, in auditing and settling all claims against the county, in establishing and changing militia districts and election precincts, and in changing the places for holding justices' courts; in establishing and discontinuing public roads, in the appointment of road commissioners and the enforcement of road laws, in the establishment and control of public bridges and ferries; in the providing for the care, maintenance and burial of paupers, and fixing the fees for dieting prisoners confined in the county jail. 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

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superior or county courts of the county and sentenced to labor on the chain-gang or on the 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 have authority to make suitable provisions for guarding and feeding them while so employed. Convicts, disposition or employment of. SEC. 4. 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, 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. That said commissioners shall be authorized to purchase real and personal property to be used for county purposes, or when sold for taxes or other debts in which the county may be interested, and may sell and convey property so purchased when in their judgment the interest of the county demands it. Powers of board. SEC. 5. Be it further enacted by the authority aforesaid, That the board of commissioners shall meet at the county site for the transaction of county business at least once in each month, but may meet in extraordinary session as often as the affairs of the county may require, and at all such meetings three of its members shall constitute a quorum. The members of the board shall, at the first regular meeting after their election, select one of their number to act as chairman during one year, 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 pertaining to the business of the county. At the same meeting there shall also be chosen a suitable person 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, and who shall receive for such services fifty dollars per annum and shall be removable at the pleasure of the board. It shall be the duty of the sheriff of the county, when required by the chairman, to attend all meetings of the board, to preserve order and to 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 the chairman. Sessions of board. Chairman. Clerk. SEC. 6. Be it further enacted, That the county treasurer shall not pay out or disburse any funds in the county treasury

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except upon the written order of said board of commissioners, signed by their chairman. Disbursements of county funds. SEC. 7. Be it further enacted, That immediately after the approval of this Act by the Governor, it shall be the duty of the ordinary to order an election in thirty days for a board of county commissioners of five in the county of Rockdale, and all citizens who were qualified to vote for State and county officers at the last general election in October, 1902, shall be eligible to vote for said county commissioners. Election of commissioners. SEC. 8. Be it further enacted, That said board of county commissioners' term of office shall not all expire at the same time, and to have a part of experienced commissioners on said board at all times, it is hereby enacted that the commissioner from the city of Conyers and the commissioner from the town district outside of the corporate limits of Conyers and also the commissioner from Lorraine district terms of office after first election shall expire January 1, 1905, after which they shall be elected for four years; and the commissioner from Sheffield district and the commissioner from Honey creek district terms of office shall expire January 1, 1907, after which they shall be elected for four years. All of said commissioners shall be elected as other county officers are elected, at the regular election, and shall serve until their successors are qualified. Terms of office. SEC. 9. Be it further enacted, That in all matters three of said board of commissioners must agree, and said board of commissioners shall be exempt during their term of office from road, militia and jury duties. 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 to make. The records of the proceedings of the board shall be open at all times to inspection by any citizen of the county. Fifty dollars each per annum shall be the compensation for the services of said board of county commissioners. Exemptions. Reports. Compensation. SEC. 10. Be it further enacted, That any vacancy occurring on said board of county commissioners, either by death or resignation, shall be filled by the remaining commissioners from the district from which said vacancy occurred, either by appointment or by an election to be ordered by said remaining commissioners. Vacancies. SEC. 11. Be it further enacted, That said commissioners, before entering upon the duties of their office, in addition to

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the oath usually administered to all county officers, shall take and subscribe an oath truly, faithfully and impartially to discharge their duties during their terms of office as county commissioners, which said oath shall be administered by and subscribed before the ordinary, as in case of other county officers. SEC. 12. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1902. STEWART COUNTY, DISPENSARIES FOR. No. 197. An Act to prohibit the sale of spirituous, vinous and malt liquors and intoxicating bitters and ciders in the county of Stewart except as in this Act provided; to regulate and control the sale thereof through the medium of dispensaries, one to be located in the town of Lumpkin and one also in certain 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 Georgia, and it is hereby enacted by authority of the same, That it shall not be lawful to sell within the county of Stewart any spirituous, vinous or malt liquors or intoxicating bitters or ciders except as provided for in subsequent sections of this Act, and any person who may do so shall be guilty of a misdemeanor and on conviction shall be punished as prescribed in section 1039 of the Penal Code of this State. No municipal authorities of any town in said county shall have authority to grant or renew any license for the sale of such liquors, bitters or ciders; 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 this State. Stewart county, sale of liquors and other intoxicants in. SEC. 2. That the persons now holding the positions of commissioners of roads and revenues of Stewart county, and their successors in office, shall be known as the dispensary commissioners in and for said county of Stewart, and said commissioners

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are hereby constituted a body corporate, under the name and style of dispensary commissioners of Stewart county, for the purpose of establishing and maintaining a dispensary or dispensaries in said county for the sale of spirituous, vinous and malt liquors and intoxicating bitters and ciders. Said commissioners shall have power to elect from their board a chairman, and shall have power to sue and be sued, and plead and be impleaded in all the courts in this State. Said dispensary commissioners, before entering upon the discharge of their duties, shall take and subscribe, before some qualified officer, an oath to faithfully and honestly discharge all the duties imposed upon them by this Act. Dispensary commissioners. Chairman. Oath. SEC. 3. That the ordinary of Stewart county shall be the secretary and treasurer of said dispensary commissioners, and for his services as treasurer he shall receive the sum of one hundred dollars annually, to be paid by the commissioners out of any money arising out of the dispensary or dispensaries, and shall give such bond as may be required by said board, with good security to be approved by them, to account for all moneys that may come into his hands as such treasurer and for the faithful performance of all duties required of him. Secretary and treasurer. SEC. 4. That the dispensary commissioners shall maintain at some suitable and convenient point within the fire limits of the town of Lumpkin a dispensary for the sale of spirituous, vinous and malt liquors and intoxicating bitters and ciders, and also one in each of the other incorporated towns in said county 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; provided, that no dispensary shall be established in any town of less than five hundred inhabitants. Said commissioners shall elect for each dispensary a suitable person, a citizen of the town in which the dispensary is located, to be known as dispensary manager, who shall have charge and control of said dispensary under their supervision, and who shall be subject to discharge or removal by them at pleasure. Said manager shall take and subscribe an oath that he will faithfully and honestly discharge the duties required of him by this Act, and shall give such bond as may be required of him, with good security, to be approved by the board of commissioners, in such sum as they may determine, conditioned to account for all goods and moneys that may come into his hands as such manager and for the faithful performance of all duties as may be required of him by

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this Act and by 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 annum by said dispensary commissioners. Dispensaries. Manager. Oath and bond. Compensation. SEC. 5. That the manager shall under the direction and supervision of said dispensary commissioners, purchase and at all times keep a stock of spirituous, vinous and malt liquors and intoxicating bitters and ciders, or any of them, in such quantities as said commissioners may direct. All bills incurred for the establishment, maintenance and operation of said dispensary shall be paid by the treasurer upon presentation when approved by the chairman or a majority of said commissioners. Said manager shall sell only for cash and at a fixed price, and shall turn over all moneys received by him to the treasurer at least once a week, taking said treasurer's receipt for the same. Dispensary stock. Sales. SEC. 6. That 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 or intoxicating bitters or ciders to be sold to any one person at one time shall not exceed four gallons or be less than one-half of a pint, and none shall be drunk in the building or on the premises whereon the dispensary is located. Said dispensary shall not be opened before sunrise nor remain open after sunset on any day, and shall be 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 regulations of said board of commissioners not in conflict with the laws of this State. Regulations. Sales. SEC. 7. That the manager of said dispensary shall sell to no person or persons any of the spirituous, vinous or malt liquors or intoxicating bitters or ciders except in sealed packages, and shall not keep any broken packages in said dispensary, and whenever an original package is broken it shall be at once bottled and the bottles sealed. He shall make a monthly report to said commissioners showing the amount of sales for the preceding month and the 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 any funds in the hands of the treasurer. Packages. Reports. SEC. 8. That said manager shall not allow any person or persons to loiter in or about said dispensary, or on the premises

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on which it is located, and for a failure to enforce this section he may be removed from office, and any person or persons refusing to leave said dispensary or the premise son which it is situated when so required, or drinking on the premises or in the dispensary any liquors herein mentioned, shall, on conviction thereof in the mayor's court, be fined or imprisoned as for the offense of disorderly conduct. Loitering. SEC. 9. That said dispensary or dispensaries shall be maintained and operated from the profits arising from the sale of spirituous, vinous and malt liquors and intoxicating bitters and ciders; provided, that to inaugurate said dispensary or dispensaries and to purchase the first stock said board of dispensary commissioners are hereby authorized to borrow money or pledge the credit of the dispensary commissioners of Stewart county, said obligations to be paid out of the first profits realized from said dispensary or dispensaries. In no event shall the proceeds of one dispensary (in case more than one are established) be used in establishing or operating another, but each must be self-sustaining, or said commissioners shall discontinue any unproductive or unprofitable dispensary. Maintenance of dispensaries. SEC. 10. That said board of commissioners shall disburse the net proceeds of said dispensaries as follows: One-half to the county treasurer of Stewart county, to be held as other funds belonging to said county, and one-half to the treasurer of the town in which is located the dispensary from which such net proceeds may be derived. Profits. SEC. 11. That this Act shall not go into effect until ratified by a majority of the voters of the said county of Stewart voting at an election to be held for that purpose, which election is hereby called and shall be held on Wednesday, January 21, 1903. The ballots cast at said election shall have written or printed thereon the words For dispensary or Against dispensary. The provisions of the Act of December 20, 1897, amending the Act of December 17, 1894, relatively to the registration of voters, shall apply to said election, which shall otherwise be held under the same rules and regulations as are now prescribed by law for the holding of elections for members of the General Assembly of this State, except that the superintendents of election must send their certificates as to the number of votes cast for the dispensary and the number against it, together with all other papers of the election, including the ballots and the signed tally-sheets and lists of voters, under seal to the ordinary of Stewart county, who shall consolidate the returns and declare the result. If a majority of

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the ballots cast shall be For dispensary, thereupon this Act shall go into full effect. Election for dispensaries. SEC. 12. That all laws in conflict with this Act are hereby repealed. Approved December 18, 1902. WILKINSON COUNTY, COMPENSATION OF OFFICERS. No. 159. An Act entitled an Act to reduce the compensation of the treasurer of the county of Wilkinson; to fix the compensation of commissioners of roads and revenues of said county, and to provide compensation for their clerks; to reduce the per diem pay of jurors and bailiffs of said county; to fix jailor's fees, and to provide extra compensation of officers of said county, approved February 23, 1876. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the local bill bearing the caption referred to above, approved February 23, 1876, regulating the fees of the county officers of Wilkinson county, be, and the same is, hereby repealed. Wilkinson county, compensation of officers. Approved December 17, 1902.

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TITLE III. EDUCATION. ACTS. Ashburn, public schools for, system amended. Austell, public schools for, system amended. Bowden, public schools for, system established. Bronwood, appropriation by, for schools. Cordele, public schools for, system amended. Dallas, bonds of, for school buildings, etc. Doerun, public schools for, system amended. Douglasville, public school fund for. Flintstone, public schools for, system established Fort Gaines, public schools for, system established. Forsyth school district, public school system for. Hopeful school district, public school system for. Jasper authorized to issue bonds for school purposes. Jesup, board of education of, to sell its lands. Marble Hill school district, public school system for. Marshallville, public schools for, system amended. Maysville authorized to issue bonds for school purposes. Meansville school district, public school system for. Norcross, Act authorizing bonds for school purposes repealed. Ocilla, public school system for, established. Palmetto authorized to issue bonds for school purposes. Pinehurst, public school system for, established. Sylvania school district, public school system for. Tennille school district, public school system for. Vega school district, public school system for. Waynesboro, public school system for, established Young's Tan Yard school district, public school system for. Zebulon school district, public school system for.

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ASHBURN, PUBLIC SCHOOLS FOR, SYSTEM AMENDED. No. 113. An Act to amend an Act approved December 17, 1901, establishing a system of public schools in and for the town of Ashburn, Georgia, by authorizing the school commissioners of said town to take an annual census of the school population of the said town of Ashburn, and to authorize the State school commissioner to pay over to the treasurer of the said school commissioners of the town of Ashburn each year the pro rata share of the town of Ashburn 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 the State of Georgia, and it is hereby enacted by the authority of the same, That an Act approved December 17, 1901, establishing a system of public schools in and for the town of Ashburn, Georgia, be, and is, hereby amended in the following manner, to wit, by striking the whole of section 10 out and substituting therefor the following: Be it further enacted by the authority aforesaid, That the board of school commissioners of said town shall prepare and take a census of all children of school age residing in the town of Ashburn, annually after the passage of this Act, and furnish a report of the result of the said census to the State school commissioner on or before the first day of February of each year. Upon the receipt of the said report, the State school commissioner shall apportion to the said town of Ashburn its pro rata share of the State school fund, based on the result of the said census, and shall pay over to the treasurer of the said board of school commissioners such pro rata share. The State school commissioner shall further pay over to the treasurer of said school commissioners for each child residing outside of the said town of Ashburn, but residing in the county of Worth, and attending the said schools established herein, that sum of money apportioned from the State school fund for each child of school age residing in the county of Worth, the number of such children to be determined from a certified list furnished to the State school commissioner by the said board of school commissioners whenever he may require it. Said amounts to be paid shall be paid at such time as the teachers of the counties are paid and when paid shall

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be expended for the support and maintenance of the said system of public schools. Ashburn public school. Pro rata share of State school fund. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902. AUSTELL, PUBLIC SCHOOLS FOR, SYSTEM AMENDED. No. 147. An Act to amend an Act establishing a system of public schools in and for the town of Austell, Cobb county, Georgia, to provide for the building of schoolhouses and raising revenues to maintain the same, approved November 11, 1889, so as to require the State School Commissioner of the State of Georgia to pay over to the city treasurer of said Austell its pro rata share of the free school fund on all pupils residing in Austell of school age. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is enacted by authority of the same, That from and after the passage of this Act it shall be the duty of the board of education of the Austell public schools to have prepared and furnish the State school commissioner of the State of Georgia each year a list of all pupils residing in Austell entitled to the State school fund, and said school commissioner shall pay over to said city treasurer such proportion of said educational fund of Cobb county as said pupils are entitled to under the rules of distribution. Austell public school. Pro rata share of State school fund. 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. Approved December 17, 1902.

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BOWDEN, PUBLIC SCHOOLS FOR, SYSTEM ESTABLISHED. No. 204. An Act to establish a system of public schools in the town of Bowden, Carroll county, Georgia, and to provide for the support and maintenance of the same by taxation and otherwise; to provide for a board of education to manage the same; to provide for the issuance and sale of bonds in said town, for the purpose of purchasing school property, building schoolhouses and for other purposes connected with such schools, and to provide for submitting the question of the issue of such bonds to the qualified voters of said town of Bowden. SECTION 1. Be it enacted by the General Assembly of Georgia (the corporate authorities of Bowden having so recommended), That there shall be established in the town of Bowden, in the county of Carroll, in the State of Georgia, a system of public schools to be conducted and maintained as hereinafter prescribed. Bowden, public schools, system for. SEC. 2. Be it further enacted, That in conformity with article 8, section 4, paragraph 1, of the Constitution of this State, an election shall be held in the town of Bowden on such a day as the municipal authorities of said town may fix, on the question of establishing and maintaining public schools in said town by local taxation. All persons shall be entitled to vote in said election who have registered for said election as hereinafter provided. All voters who favor the adoption of this Act, so far as it relates to the establishment and maintenance of a public school system in the town of Bowden by local taxation, shall have on their ballots the words For Public Schools, and those opposed shall have on their ballots the words Against Public Schools. Said election shall be held as elections for officers of said town are held, and in case two-thirds of the qualified voters in said town shall, in said election, vote for public schools, then said system of public schols shall be established as hereinafter provided. If the result of said election shall be against public schools, then the municipal authorities of said town may order an election annually upon such question until the provisions of this Act are adopted by a vote of twothirds of the qualified voters of said town. It shall be the duty of the municipal authorities of said town, thirty days prior to the

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date that may be fixed for said election or any subsequent election that may be held under the provisions of this Act, to provide a registration book, open the same, and keep it open up to and including the day of said election, in which all persons qualified to vote for members of the Legislature under the laws of the State of Georgia, and who have paid all taxes legally imposed and demanded by the town of Bowden, and who have resided in said town of Bowden for the period of thirty days prior to the opening of said registration book, shall be entitled to register in said book. Said book to be kept open in the office of the mayor of said town, who is hereby declared to be the registrar of said town. The number of qualified voters in said town to be determined by said registration book. Notice of the opening of said book shall be given by posting a notice thereof before the post-office door in said town, on the day of the opening of said book, and in case a newspaper is published in said town, by publishing a notice thereof in said newspaper in the first issue thereof published after the opening of said registration book. The returns of said election or any subsequent election that may be held under the provisions of this Act shall be made, and the result shall be declared, as in elections for officers of said town. In case of contest, notice of the same shall be given to the mayor and council of said town 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 public schools. SEC. 3. Be it further enacted, That in case a two-thirds majority of the qualified voters of said town in any one of said elections shall vote for public schools, the mayor and council of said town shall elect a board of education consisting of six members, with perpetual succession. They shall hold their offices until their successors are elected and qualified as hereinafter provided. They and their successors in office shall have power to take and hold property, real and personal, that they may acquire by purchase, donation or otherwise, in trust for said town of Bowden, with the right to sue and be sued. The qualifications of members of said board of education shall be the same as those provided in the charter of said town for mayor and council; provided, that members of the board of education are eligible to hold any municipal office in said town during their term of office. Board of education. SEC. 4. Be it further enacted, That said board of education shall elect a president, clerk and treasurer from their own number, who shall perform such duties as may be required of them. The

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treasurer shall give bond, payable to said board, in such sum as it may determine, conditioned for the safe-keeping and proper disbursement of the funds placed in his hands. He shall not pay out any funds, except by order of the board of education. Said board of education shall divide themselves into three classes of two each, by ballot or otherwise. The term of office of the first class shall expire when the term of office of the mayor and council in office at the time of the adoption of this Act shall expire; that of the second class, two years from said date; that of the third class, four years from said date. If vacancies occur in said board by resignation or otherwise, said board shall fill such vacancies by appointment for the remainder of the unexpired term. Officers of board. Terms of office. Vacancies. SEC. 5. Be it further enacted, That an election shall be held every two years at the same time and in the same manner as elections for mayor and council of Bowden, to fill the office of one of the retiring members of said board. The offices of the other retiring members shall be filled by said board of education. Elections. SEC. 6. Be it further enacted, That said board of education shall elect a principal and other teachers for said public schools, prescribe their salaries, select text-books, prescribe the course of study, determine the length of the scholastic term and the time of the beginning and closing of said schools, and adopt such rules and regulations for their own government and that of the schools as they may deem necessary for the carrying out of this Act not inconsistent with the Constitution and laws of this State. They shall have power to build, purchase, lease and rent such schoolhouses and other property as may be necessary to carry on said schools. A majority of said board shall constitute a quorum for the transaction of business. School organization. SEC. 7. Be it further enacted, That the board of education herein provided shall establish such grammar schools and high schools as may be necessary for the education of the children attending said schools. These schools shall be open to all children residing within the corporate limits of said town of Bowden; provided, however, that said board may, in its discretion, require each child entering the grammar schools to pay a matriculation fee not exceeding $5.00 per year, in such installments as it may direct, each child entering the high school to pay a matriculation fee not exceeding $15.00 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

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required after entrance, the pupil shall not be allowed to attend said school after the time the installment is due without first paying it. Children of non-residents may be admitted to the school on such terms as may be prescribed by said board of education. Admission fee, etc. SEC. 8. Be it further enacted, That said board of education shall make provision for the education of all children in said town between the ages of six and eighteen years, but separate schools shall be provided for white and colored 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 Carroll county shall, from the State school fund, pay to the board of education of said town the same amount as is paid to the other schools of Carroll county, in proportion to attendance, under the rules and regulations of the board of education of Carroll county. Second, the board of education of said town shall, in the early part of each year, make an estimate of the amount necessary to be raised that year for the support of the public schools, and place this estimate before the mayor and council of said town, and it shall be the duty of said mayor and council to levy a tax for said year in a sum sufficient to meet said estimate of said board of education and collect the same, provided the rate of taxation under this Act shall not exceed one-half of one per centum per annum, and the taxes so collected under this provision shall be turned over to the treasurer of said board of education for the support of said school. County school fund. Taxation. SEC. 10. Be it further enacted, That said board of education may admit intelligent children resident in said town to said schools on such terms as they may prescribe, and may, in its discretion, relieve such children entirely of the payment of the matriculation fee. SEC. 11. Be it further enacted, That the mayor and council of said town shall have the power to appropriate from time to time such sums of money for the purpose of building or purchasing schoolhouses and other school property for the use of the public schools herein provided for as the condition of the treasury may authorize. Maintenance. SEC. 12. Be it further enacted, That the mayor and council of said town shall have the power and authority to issue bonds of said town, not to exceed $6,000.00 in amount, to be of such denomination as the mayor and council shall determine, to be due and payable at any time within thirty years after issue, as the said mayor and council shall determine; and said bonds shall bear interest

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not exceeding seven per cent. per annum, which interest shall be paid annually. The proceeds of such bonds to be applied to the purchase of property to be used for school purpose and building and equipping proper schoolhouses. Municipal bonds. SEC. 13. Be it further enacted, That said bonds shall be signed by the mayor of said town and countersigned by the clerk of said mayor and council, and shall be sold in such way and manner as the mayor and council shall determine to be for the best interests of said town. 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 town of Bowden on a day to be [Illegible Text] by the said mayor and council, notice of which shall be given by said mayor and council as provided in section 377, Code of Georgia of 1895, volume 1, and it is hereby made the duty of the mayor and council to open a registration book for this election as is provided for in section 2, which shall be opened on the date of the publication of the notice of said election as is required in section 377 of the Code of Georgia of 1895, volume 1, which said registration book shall remain open up to and including the day of the election. Notice of the opening of said registration book shall be given as is required in section 2 of this Act, and the number of qualified voters in said town to be determined, so far as it relates to this election, by said registration book open for said election. 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 provision 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 such bonds and interest shall become due and payable. The rules and regulations governing this election shall be the same as provided in section 2 of this Act, for the election for public schools, and all provisions therein made as to managers, returns, contest and declaring results shall apply to this election. Election for bonds. SEC. 14. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1902.

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BRONWOOD, APPROPRIATION BY, FOR SCHOOLS. No. 8. An Act to amend the charter of the town of Bronwood, Terrell county, Georgia, approved September 24, 1883, so as to authorize and empower the mayor and council thereof to appropriate annually, for paying teachers and erecting school buildings in said town, any money in the town treasury coming from the dispensary located in said town not otherwise appropriated, 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 mayor and council of the town of Bronwood, Terrell county, shall, from and after the passage of this Act, have authority and power to appropriate annually any money in the treasury of said town coming from the profits of the dispensary located in said town, for the purpose of paying teachers engaged in teaching in the schools of said town, and for erecting and repairing school buildings, purchasing school supplies and fixtures. Bronwood, appropriation for schools. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved November 25, 1902.

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CORDELE, PUBLIC SCHOOLS FOR, SYSTEM AMENDED. No. 138. An Act to amend an Act to incorporate the city of Cordele, in the county of Dooly, approved December the 22d, 1888, and the Acts amendatory thereto, so as to provide that the State school commissioner shall pay over to the secretary and treasurer of the city board of education of Cordele the pro rata share of the State school fund belonging to said city; to require the clerk and treasurer of the city of Cordele to pay to the clerk and treasurer of the city board of education all moneys coming into his hands that belong to said school fund at regular and specified intervals; to provide for the collection and distribution of all moneys due the school fund of said city; to create the office of secretary and treasurer of the board of education of said city, prescribe his duties, and fix his compensation; to define the powers and duties of the said board of education, 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 State school commissioner of the State of Georgia is hereby directed and required to pay or turn over to the clerk and treasurer of the board of education of the city of Cordele, from time to time, the proportion of the common school funds arising from any source belonging to said city of Cordele, the amount to be determined by the number of children of school age residing within the corporate limits of the said city of Cordele, increased by the number of children of school age residing without the limits of said city who attend the schools of said city as compared with all the children entitled to the common or public school fund in Dooly county. Cordele, pro rata share of common school fund for schools of. SEC. 2. Be it further enacted, That the board of education of the city of Cordele is hereby empowered and directed to order the census of the school population of children of school age taken; said census to be made from time to time, as often as the said board of education may, in their discretion, think best for the good of said school. The census taker or enumerator shall take an oath to faithfully, fairly, correctly, diligently and impartially to make a true and correct return of all the children of school age residing

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within the corporate limits of the city of Cordele and all children of school age residing without the said limits of said city, but who attend said schools. Said returns shall disclose the age, sex, color and occupation of the child and the occupation and residence of parents or guardian. Returns shall be separately made of white and colored children and of males and females, and be accompanied by the above oath of the enumerator. The said board of education shall have exclusive control of said census and shall employ said enumerator and shall draw a warrant on the mayor and city council of Cordele for the services of said enumerator and other expenses in connection with said census enumeration, and the city clerk and treasurer of said city is hereby authorized, required and directed to pay same out of any fund he may have that is not already expressly appropriated for some other specific purpose. School census. SEC. 3. Be it further enacted, That when the above census return shall be filed with the State school commissioner, it shall be the basis upon which he shall pay to said clerk and treasurer of said city the proportion of the school fund to which said city is entitled. State school fund. SEC. 4. Be it further enacted, That the clerk and treasurer of the city of Cordele is hereby required and directed to pay over to the clerk and treasurer of the board of education of said city on the last day of each month all moneys, of every nature, whether arising from the collection of ad valorem taxes, matriculation or incidental fees or otherwise. Said city clerk and treasurer shall, on paying over as above provided the money belonging to said school, accompany same with an itemized statement, stating fully the source from which same was collected. For a failure to pay over the funds promptly on the last day of each month as above provided, the board of education shall make known such failure to the mayor and city council, and it shall be the duty of the mayor, the person acting for him in his absence or disqualification, to notify the said city clerk and treasurer that if said funds are not turned over and accompanied by the required statement, within five days from the time of said notice, that the office of such clerk and treasurer shall be declared vacant and another elected in his stead, which said mayor and council shall proceed to do, and for a violation of the provisions of this Act said clerk and treasurer shall not be eligible to hold said office for a space of ninety days. Monthly payments to board of education. SEC. 5. Be it further enacted, That the board of education of the city of Cordele is hereby given the power and authority to manage the schools of the said city entirely and exclusively. The

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county board of education of Dooly county shall have no voice or authority over or in connection with said schools. Said county board shall not have the authority to establish or maintain any school within the corporate limits of the city of Cordele, or to establish or maintain any school within one and one-half miles of the corporate limits of said city. Powers of board of education. SEC. 6. Be it further enacted, That the board of education of the city of Cordele shall have power and authority to make such rules for the government and regulation of the school, the officers and members of said board, not in conflict with the charter provisions of said city, as in the discretion of the board may seem reasonable and just. Said board shall have authority to regulate and direct the distribution of all moneys belonging to said school. Regulations. SEC. 7. Be it further enacted, That the office of clerk and treasurer of the board of education of the city of Cordele is hereby established. Said clerk and treasurer shall have charge of all moneys belonging to said school and shall disburse same upon the order of the board of education. Said clerk and treasurer may be a member of said board of education. His compensation shall be fixed by the board of education in an amount not to exceed the sum of twenty-five dollars per month. Said clerk and treasurer shall conform to all such rules, and perform all duties that may be adopted and required of him by said board and shall give bond with good security, to faithfully discharge his duties and account for all sums coming into his hands. Clerk and treasurer of board of education. SEC. 8. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902.

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DALLAS, BONDS OF, FOR SCHOOL BUILDINGS, ETC. No. 157. An Act entitled an Act to authorize the mayor and aldermen of the town of Dallas, Georgia, to issue bonds for the purpose of purchasing, building and equipping school buildings and properties in the town of Dallas, Georgia, and to authorize the said mayor and aldermen to provide for the payment of the principal and interest of said bonds by levying a tax therefor and 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 authority of the same, That the mayor and aldermen of the town of Dallas be, and they are, hereby authorized and empowered to issue bonds of said town in such sums and at such times as they may see proper, not to exceed the aggregate sum of five thousand dollars, of the denomination of one hundred dollars each, to become due and payable at such time or times, not exceeding thirty years from date of issue thereof, as said mayor and aldermen shall determine, and bear interest not to exceed five per cent. per annum, said bonds to be issued, sold and hypothecated for the purpose of purchasing, building, completing, and equipping school buildings in aforesaid town. Dallas, bonds for schools. SEC. 2. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town are hereby authorized and empowered to levy, assess and collect annually, sufficient tax upon and from the taxable property in said town, real and personal, to pay the principal and interest of said bonds as they shall become due. This tax shall be separately levied, assessed, and collected, for the specific purpose herein designated, and shall not be used for or applied to any other purpose whatever. Said mayor and aldermen are hereby authorized and empowered to issue interest coupons, payable annually, for the interest on said bonds. Any money remaining on hand, received and collected by taxation under this Act, after the payment of the maturing interest coupons and bonds each year, shall be held by the mayor and aldermen of said town as a sinking-fund for the payment of the bonds and interest maturing the next succeeding year. Special tax. SEC. 3. Be it further enacted by the authority aforesaid, That

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the said bonds be signed by the mayor and clerk of the council of said town, and negotiated, sold and hypothecated in such manner and in such sums, and at such times as the mayor and aldermen may determine for the best interest of said town, and the speedy execution of the objects of this Act; and the money arising from the sale or disposition of said bonds shall be used by the mayor and aldermen of said town in building, purchasing, completing and equipping suitable school buildings in said town, upon such terms and in such localities as may be properly selected and procured for said purposes. Bonds, how issued and sold. SEC. 4. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not go into effect and become operative until the question of issuing of said bonds shall have been submitted to a vote of the qualified voters of said town under regulations adopted by the mayor and aldermen of said town and approved by a two-thirds vote of the persons qualified to vote at an election held for that purpose in accordance with the Constitution of this State, which said election shall be held under an order of the mayor of said town, and shall be advertised for twenty days immediately preceding such election at the city hall in said town and in the Dallas New Era, a newspaper published in said town; provided, that the mayor shall have, at the expense of said town, the votes to be cast in said election, having written or printed on them for bonds and against bonds. If the question submitted at said election shall be decided affirmatively, in accordance with the terms of this Act, it shall be the duty of the corporate authorities of said town to issue and dispose of said bonds of said town in accordance with the various sections of this Act in relation thereto, but should the question be decided negatively at such an election, the effect shall be only to suspend the various sections of this Act in relation thereto. Election for bonds. SEC. 5. Be it further enacted by the authority aforesaid, That if at said election, or any future election held under section 4 of this Act, the question voted on shall be decided against issuing of bonds under sectionof this Act, it shall be the duty of the mayor of said town, upon the written application of twenty qualified voters of said town to order another election, which shall be held as required by this Act. Other elections. SEC. 6. Be it further enacted by the authority aforesaid, That any election held under this Act shall be governed by the same rules and regulations as the elections held for mayor and aldermen of the town of Dallas, Georgia. How held.

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SEC. 7. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902. DOERUN, PUBLIC SCHOOLS FOR, SYSTEM AMENDED. No. 151. An Act to amend an Act entitled an Act to establish a system of public school or schools for the town of Doerun, in Colquitt county, State of Georgia, approved November 26, 1901, so as to authorize the board of education to take an annual census of the school population of the town of Doerun, and to authorize the State school commissioner to pay over to the treasurer of the board of education of the town of Doerun each year the pro rata share of the town of Doerun 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 the State of Georgia, and it is hereby enacted by the authority of the same, That the board of education of the town of Doerun shall prepare and take a census of all the pupils residing in said town of Doerun 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 January of each year. Doerun, school census. SEC. 2. Be it further enacted, That upon receipt of the foregoing report of the result of said census, the State school commissioner shall apportion to said town of Doerun its pro rata share of the State school fund, based upon the result of said annual census, and pay over said pro rata share to the treasurer of the board of education of the town of Doerun. Pro rata share of State school fund. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved December 17, 1902.

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DOUGLASVILLE, PUBLIC SCHOOL FUND FOR. No. 71. An Act to repeal an Act approved December 13, 1895, providing for the application of all public school funds to the Douglasville College that is distributed to school children 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, the Act providing for application of all public school funds by the county school commissioner to the Douglasville College that is distributed to the school children within the corporate limits of said town, approved December 13, 1895, be, and the same is, hereby repealed. Douglasville, public school fund for. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 10, 1902. FLINTSTONE, PUBLIC SCHOOLS FOR, SYSTEM ESTABLISHED. No. 19. An Act to amend the charter of the town of Flintstone, Walker county, Georgia, so as to provide for a system of public schools in and for said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That there shall be established in the town of Flintstone, in the county of Walker and State of Georgia, a system of public schools to be conducted and maintained as hereinafter prescribed. Flintstone, 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, or if none, then in the newspaper in which sheriff's sales are published in said Walker county, for the purpose of electing the first school board to consist of five members as aforesaid.

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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 the same qualifications of voters. Of the five persons so elected, two shall hold office for three years, two for two years, and one for one year. The terms of office to be determined by lot under the supervision of the mayor and council, the result to be entered on the minutes. The successors of said first board shall be annually elected on the second Wednesday of January 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 after said first board to be three years. All vacancies in the board to be filled by the remaining members. 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 salary of the secretary and treasurer shall be fixed by board, and 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. Said board shall have full authority to pass such rules and regulations for its own organization and government as are not inconsistent with law. Each member, before entering on 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 not be less than twenty-one years old and shall have been a bona fide resident of said town for at least three months at the time of his election. Officers of school board. 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 and to repair the same; to employ a superintendent and all necessary teachers; to prescribe the curriculum of 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 title 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 commissioners and the public schools of said town and for receiving and paying out school funds,

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as they may deem necessary and not in conflict with the laws of this State. Powers and duties of board. 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 said town of Flintstone are hereby authorized, empowered and required to levy each year a special tax, as the board of school commissioners may recommend, not to exceed one per centum on all property, both real and personal, subject to taxation in said town, which tax, when collected, shall be paid over to the treasurer of said school board. Special tax. 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 school age who are residents of said town. Pro rata share of State school fund. 3d. All funds received from any other source as is elsewhere provided in this Act. SEC. 6. Be it further enacted, That the schools established by the authority of this Act shall be free to all children residing in the corporate limits of said town of Flintstone; provided, that said board may require from all pupils who attend such schools such incidental and matriculation fees as they may fix, not to exceed the sum of $5.00 for each pupil for the scholastic year, to be paid at such time and in such installments as said board may prescribe. Said board shall also provide for and receive into said school all children of school age who reside outside the corporate limits of the town of Flintstone, but in the present school districts which includes said town; and it shall be the duty of the county school commissioner of Walker county to pay over to the treasurer of said school board the full pro rata share of such children in the public school fund. The amount to be ascertained by a report made to said county school commissioner by the treasurer of said school board of the number of children of school age in said school district outside said corporate limits who attend said public schools established hereby. Such board may provide for the admission of the pupils over eighteen and under six years of age on such terms as to tuition as they may elect. Fees and 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 Flintstone, and it shall

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be the duty of said mayor and council to proceed to levy and collect the same. Taxation. SEC. 8. Be it further enacted, That said board of school commissioners shall have power and authority to discharge the superintendent of said schools, and any teacher that may be elected, when in the opinion of said board the good of the school requires it; to prescribe the duties of the superintendent and all teachers. Superintendent and teachers removable. SEC. 9. Be it further enacted, That this Act shall be submitted to an election for the 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 Flintstone, after giving thirty days' notice thereof in the newspaper published in the county of Walker wherein the sheriff's sales are published, and in a newspaper published in said town of Flintstone if there should be one. Said election shall be held under the same rules, laws and regulations as obtained for the election of mayor and council for said town. All persons who are qualified to vote for mayor and council shall be qualified to vote in said election. Those persons favoring the adoption 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 Against Public Schools, and in case two-thirds of the qualified voters of said town shall, in said election, vote for public schools, then this Act shall take effect and be in force. The tally-sheets of the last general election held in said town of Flintstone shall be taken as a correct enumeration of the qualified voters thereof. The returns of all elections held under the provisions of this section of this Act shall be made to the mayor and council of said town, who shall declare the result. Election for public schools. SEC. 10. 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 disapproval until it is adopted; provided, however, that not more than one election shall be held in any one year. Other elections. SEC. 11. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved December 1, 1902.

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FORT GAINES, PUBLIC SCHOOLS FOR, SYSTEM ESTABLISHED. No. 166. An Act to establish a system of public schools for the city of Fort Gaines; to authorize and empower the corporate authorities of said city of Fort Gaines to levy and collect a tax for the support and maintenance thereof; to authorize the county school commissioner of Clay county to pay over to the board of trustees of public schools of said city such part of the State school fund as may be the pro rata amount on account of the pupils in said public schools, or that may be appropriated in any manner out of the State school funds on account of schools taught in Fort Gaines, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That there shall be established in the city of Fort Gaines, in the county of Clay, a system of public schools, to be established, conducted and maintained as hereinafter prescribed. Fort Gaines, public school system established. SEC. 2. Be it further enacted, That the mayor and council of said city shall order an election on some convenient day as soon as practicable, for the purpose of submitting to the voters of said city the question of adopting the provisions of this Act as to taxation for the support of public schools for said city. And in the event said election shall fail to receive the requisite constitutional majority of votes, then said mayor and council shall order three additional elections to be held at least three months apart, for the purpose aforesaid, at such time as said mayor and council shall deem it most practicable and convenient. All persons who are qualified to vote for the mayor and council of said city, and who have resided six months in said city, shall be entitled to vote in the election herein provided for. All voters who favor such local taxation for free schools shall have written or printed on their ballots the words For Free Schools, and those who are opposed shall have written or printed on their ballots the words Against Free Schools; and in case two-thirds of the qualified voters of said city shall vote for free schools, then it shall be the duty of the mayor and council of Fort Gaines to raise, by taxation, a sum sufficient to carry out the purposes of this Act. The said taxation for school purposes not in any event to exceed one-half of one per

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centum upon the taxable property of said city. Notice of said election and the date thereof shall be published in the newspaper or newspapers published in Fort Gaines, and by posting printed placards at at least four conspicuous places in said town. Election for. SEC. 3. Be it further enacted, That in the event that the result of the election above mentioned shall be in favor of free schools by the prescribed majority of votes, then the following named persons shall act as school trustees until their successors are elected and qualified as hereinafter prescribed: J. D. Coleman, N. H. McLendon, W. B. Graham, I. B. Chambers, Geo. D. Speight, A. W. Holley, J. E. Peterson, J. D. McKissack, R. C. McAllister. Trustees. SEC. 4. Be it further enacted, That the election for school trustees shall be in all respects governed by the same rules and require the same qualifications in votes as prevail in elections for mayor and council of said town. Of the nine trustees as hereinbefore named, the three first mentioned shall serve until the regular election of municipal officers of said town in 1904; the three next mentioned shall serve until the regular municipal election in 1906; the three last mentioned shall serve until the regular municipal election in 1908. The names of the trustees and the term for which they are elected shall be duly published and kept on record upon the minutes of the city council. At each regular municipal election for the years 1904, 1906, 1908, three trustees shall be elected in the same manner as herein prescribed, to succeed the trustees whose terms expire in 1904, 1906 and 1908, respectively, and the trustees so elected shall hold their offices for a term of six (6) years from the date of their election, and any casual vacancies in the board of trustees shall be filled by special election as now provided in case of vacancy on the board of aldermen, and the person so elected shall fill out the unexpired term of the former trustees whose place they take. Election of trustees. Terms of, vacancies. SEC. 5. Be it further enacted, That said board of school trustees shall elect principals and teachers for the public schools of said city; shall prescribe salaries, select text-books, prescribe the course of study, determine the length of the scholastic term, and the time of beginning and closing said schools, and adopt such rules and regulations for their own government as they may deem wise and proper. They shall have power to build, purchase, lease and rent such schoolhouses and other property as may be necessary to carry on said schools; and said board shall hold all property so purchased or acquired in trust for the use and benefit of said town for school purposes; and they are herein and hereby incorporated

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and made a body politic, with all the usual rights and liabilities as such in reference to suing and being sued in any of the courts of this State or the United States. Said board may prescribe such incidental fee, not exceeding ($5.00) five dollars per annum, for the admission of children to said schools as said board shall deem best, and shall provide for the admission to said schools of children who reside outside of said city, or of students not within the ages of six and eighteen years upon the payment of such tuition as the board may determine. To all pupils resident in said town tuition shall be free in said school with the exception of the entrance fee above mentioned, and said entrance fee shall be entirely in the discretion of said board, not, however, in any event to exceed said sum of five dollars for each pupil. Said board of school trustees shall have power to provide a course of instruction for students who desire to engage in studies other than those usually included in the English education, but students who pursue such studies must pay such tuition as the board shall determine to be proper, in addition to what is paid under the system of public schools to be established by this Act. Trustees, powers of. Entrance fee and tuition. SEC. 6. Be it enacted further, That said board of school trustees, as soon as elected and organized, and annually in the month of January thereafter, shall ascertain and determine what amount of money it will be proper to raise by taxation to defray the expenses of running said public schools and for buildings, repairs and furnishings for the year, and shall lay the same before the mayor and city council of said city. And it shall be the duty of said mayor and council, and they shall be required, by appropriate action, to proceed to levy and collect the same, and when collected the treasurer of the city council shall hold the same separate and apart from the other public money in his keeping as treasurer of said council, and subject to the order and disposal of the aforesaid board of school trustees. The tax herein provided for shall be due and collectable by the first day of April in every year, and it shall be the duty of the mayor and council to collect said tax in such manner and at such times as to furnish for the use of the board of education the money raised by said tax as the need of the public schools may require. School tax. SEC. 7. Be it further enacted, That the county school commissioners of Clay county shall pay over to the treasurer of the city council of Fort Gaines for the use of the board of school trustees of Fort Gaines the pro rata share of the State and county school fund coming to said city, according to the number of pupils of school age in said public schools of said city, said amount so paid

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over to be expended under the direction of the board of school trustees for the purposes hereinbefore specified, to wit: For the maintenance and support of said public schools of Fort Gaines. For all purposes in the distribution and apportionment of the public school money by the county commissioners of said county, said public schools of Fort Gaines shall be a part of the public school system of the county of Clay, and all children of school age resident in said county and attending the public schools of Fort Gaines shall be entitled to have their share of said public school money paid for them to the public school of Fort Gaines in the same manner and to the same extent as if attending any other of the public schools of said county. State and county school fund, pro rata share. SEC. 8. Be it further enacted, That said board of school trustees shall make provision for the education of all children in said city between the ages of six and eighteen years, but separate schools shall be provided for the white and colored children. School age Separate schools for white and colored. SEC. 9. Be it further enacted, That said board of school trustees are hereby authorized to acquire, by gift, purchase or lease, land, buildings, money or other property, which it shall hold as a corporation in trust for the use of said city of Fort Gaines for school purposes, in all instances taking deeds to real estate, to be so held in trust for the uses before mentioned. School property. SEC. 10. Be it further enacted, That no one shall be eligible as a member of said board who is not twenty-five years of age, or who does not own property in said town to the value of five hundred dollars. Eligibility to trusteeship. SEC. 11. Be it further enacted, That the method of conducting the election provided for in section 2 of this Act shall be the same as that of conducting other municipal elections in said town, except as pointed out in said section, and the result of said election shall be ascertained and published according to the same rules as in cases of election for municipal officers by the voters of Fort Gaines. Elections, how held. 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. Approved December 17, 1902.

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FORSYTH SCHOOL DISTRICT, PUBLIC SCHOOL SYSTEM FOR. No. 173. An Act to incorporate the Forsyth school district in Monroe county, and define the boundaries of the same; to establish a board of education therein, to provide for the election of the same and to confer on said board certain power; to regulate the management and control of schools in said district and to provide revenue for the 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 there shall be established a corporate school district in and about the city of Forsyth, in the county of Monroe, to be known as the Forsyth school district, which district shall extend from the court-house in said city as a center, outwards in all directions a distance of two miles. Forsyth school district incorporated. SEC. 2. Be it further enacted, That the management and control of all schools in said district shall be vested in a board to be known as the board of education; composed of seven persons, and which board by that name and style shall have perpetual succession; have and use a common seal; have a right to sue and be sued, and shall have power to purchase, receive and hold to them and their successors in office for school purposes any estate, real, personal and of every kind and character. Board of education. SEC. 3. Be it further enacted, That R. B. Stevens, T. B. Cabaniss, T. R. Talmadge, T. E. Fletcher, C. J. Zellner, E. R. Roberts and Robt. L. Berner shall be, and are, hereby constituted the board of education, to carry into effect the provisions of this Act until the regular election of members of said board, which shall take place on the first Wednesday of December every other year. The first election under this Act shall be held on the second Monday of December, 1904, at which time three of the members of the board shall be elected for two years and four for four years from said date. Their successors in office shall serve for a term of four years, beginning from the date of their respective elections. The board of education shall fill all vacancies occurring in said board. The persons herein named shall serve until the first election above specified. Members of board, election of. Vacancies. SEC. 4. Be it further enacted, That said board of education shall immediately after this Act goes into operation organize by electing

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a president, vice-president, secretary and treasurer from their own number, except the secretary, who shall not be a member of said board. No member shall receive compensation for his services except the secretary, whose compensation shall be fixed by the board at the beginning of his term and shall not thereafter be changed during said term. The treasurer and secretary shall each give good and sufficient bond. No person shall be a member of said board, secretary or superintendent, who is a member or officer of the county board of education. Officers of board. Salary of secretary. SEC. 5. Be it further enacted, That said board of education shall have the power to adopt a system of public schools in said district, to elect a superintendent, and prescribe his duties and remove him for cause in their discretion; to employ, suspend or remove teachers and fix their compensation by salary or otherwise; to provide schoolhouses and 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 such schools as they deem proper, not in conflict with the laws of the State, and to do any and all things promotive of the above educational interests of said district, not in conflict with the provisions of this Act or the laws of this State; provided, that said board shall not have the power to purchase property or sell it without the consent of a majority of the qualified voters of said district, to be ascertained by an election to be held for that purpose, notice of which election shall be given by said board for twenty days prior to the holding of the same, and which election shall be held in accordance with the laws governing the election of members of the Legislature, and in which election the returns shall be made to the board of education, who shall publish the same. Any citizen may contest the legality of said election or the correctness of said returns in the same manner as contests are made in the election of justices of the peace and constables. Board, powers of. SEC. 6. Be it further enacted, That there shall be established a school for not less than seven nor more than ten scholastic months in each year, the length of said term to be in the discretion of the board. The curriculum in said schools shall be only such as is taught in the system of public schools maintained by the State, except for boys, in which event said board may provide for a higher curriculum to be paid for by the patrons who may send boys to said school. There shall be one and only one school for white children, and one and only one school for colored children. All children entitled to the benefit of public schools under the laws of this State, and whose parents, guardians or natural protectors reside within

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the corporate limits of said district, shall be admitted to the aforesaid schools, the colored children into the colored school and the white children into the white school, upon the payment of such admittance fee only as the board of education may deem necessary. Children of non-residents and such others as may not be entitled to the benefit of these schools shall be admitted upon such terms as may be prescribed by the board of education, not in conflict with the laws of this State. School terms. Curriculum Separate schools for white and colored. Entrance fee, etc. SEC. 7. Be it further enacted, That after the ratification of this Act, it shall be the duty of the county school commissioner of Monroe county, and he is hereby required to pay over to the treasurer of said board of education, under such rules as the said board may prescribe 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 of the public school fund. Public school fund, pro rata share. SEC. 8. Be it further enacted, That immediately after the ratification of this Act, and by the first Wednesday in January of each succeeding year, the board of education shall determine what amount of money it will be necessary to raise by taxation to defray the expenses of said schools for the scholastic year, and said board shall, through their secretary, be required to levy and collect the same, and said secretary shall be the tax-collector and exercise all the powers as a tax-collector in the collection of said taxes; provided, that the said amount does not exceed one-half of one per cent. of the taxable property in said district. Said tax shall be collected semi-annuallly, that is, one-half by the first of March and one-half by the first of October of each year, and when collected shall be turned over to the board of education, and together with the amount received from the public school fund, the admission and tuition fees which may be collected, and any other funds that may be placed in their hands for that purpose, shall constitute a school fund to be expended in defraying the expenses necessary for the maintenance of said schools, and shall be paid out only on order of the board of education. School tax, how laid and collected. SEC. 9. Be it further enacted, That the board of education of Monroe county shall not establish any other school 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 other school in said district than the schools herein provided for. No other schools allowed. SEC. 10. Be it further enacted, That in case any school property acquired by said board of education under any provision of

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this Act or otherwise, be sold, the fund derived from such sale shall be reinvested in other property to be used for school purposes. School property, sales of. SEC. 11. Be it further enacted, That before this Act shall become operative, its adoption shall be submitted to the legally qualified voters of said district, for which purpose the persons hereinbefore named shall, within six months after its passage, order an election, for which ten days' notice shall be given by posting in five conspicuous places in said district, in which notice the time, place and purpose of said election shall be stated, and which election shall be held under the same rules and regulations as the election of mayor of the city of Forsyth. The legally qualified voters only of such school district shall be allowed to vote in said election, and the registration lists last prepared by the registrars before any such election shall constitute the highest evidence of whom are qualified voters in said district, and no one shall vote in said election except those who registered for the last preceding State election. At said election those favoring public schools shall have printed or written on their ballots For Establishment of Public Schools, and those opposing the public schools shall have printed or written on their ballots Against the Establishment of Public Schools, and if two-thirds of the qualified voters in said district in said election shall vote for the establishment of public schools, this Act shall become immediately operative, and said board shall put said schools in operation beginning with January, 1903. Should the result of the election herein provided for be against the establishment of public schools, the board of education of said district may order another election once every year thereafter until public schools are adopted. Election for public schools. SEC. 12. Be it further enacted, That the board of education shall annually make a report to the public in writing of the condition of said schools, and oftener if they deem necessary, and they 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. SEC. 13. Be it further enacted, That the tax shall be levied and collected on the tax returns made for State and county purposes for the year last preceding said tax levy. Tax returns. SEC. 14. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902.

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HOPEFUL SCHOOL DISTRICT, PUBLIC SCHOOL SYSTEM FOR. No. 108. An Act to incorporate the Hopeful school district, in Mitchell county; to define the boundaries of the same; to regulate the management of the schools in said district; to provide revenue for said schools; to provide for the election of seven trustees and to confer on them 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 district, both white and colored, shall be vested in seven trustees, who are hereby constituted a body corporate under the name and style of the trustees of the Hopeful school district, and by that name and style shall have perpetual successsion; 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 that name be capable of suing or being sued in any court of law or equity in said State. That they shall have power and authority to erect, repair and maintain any building or buildings in said limits that they may deem necessary for the purpose of carrying out the intention of this Act, and for this purpose shall have the right to contract and be contracted with, to buy and sell any personalty or real estate necessary for said purpose. Hopeful school district incorporated. SEC. 2. Be it further enacted, That the corporate limits of said district shall be as follows, to wit: Commencing at a point where the south land line of lot of land No. 168 in the 12th district of said county intersects the Flint river, thence running east along the south land lines of lots Nos. 168 and 136 and 125, thence along lines around the west, south and east sides of lot No. 90, thence east along the south land lines Nos. 80, 48 and 37, thence along land lines around lot No. 5 to northeast corner of said lot No. 5, all in the 12th district of said Mitchell county; thence east along south land line of lot 375 in the 11th district, thence north along the east line of said lot to the southwest corner of lot No. 363, thence east along the south land lines of lots 363, 343, 330, 307, 294, and to a point half way of the said south land line of lot 267,

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thence north to a point on north land line of said lot, thence east to the northeast corner of said lot, thence south along the east land line of said lot No. 267, thereby leaving out of said district what is known as the A. J. Porter place; thence east along the south land line of lot No. 254, to the southeast corner of said lot, thence north along the east land lines of lots 254, 253, 252, 251, 250, to the northeast corner of said lot 250, thence east along the south land line of lot 232 to the southeast corner of said lot, thence north along the east land lines of lots 232 and 233 to the southwest corner of lot No. 207, thence along the land lines around said lot to the northeast corner of said lot, thence west along the north land lines of lots 207, 234 and 247 to the southeast corner of lot No. 275, thence north along the east lines of lots of land Nos. 275 and 276 to the northeast corner of said last named lot, thence west along the north land line of said lot 276 to the northeast corner of lot 285, thence diagonally through said lot 285 to the southwest corner of said lot, thence west along the north land lines 315 and 322 to the southeast corner of lot 352, thence north along the east land lines of lot 352 to the northeast corner of said lot, thence west along the north land lines of Nos. 352 and 354 to said Flint river. All of the last named lots lying and being in the eleventh district of said Mitchell county; Flint river forming the western boundary of said district. Corporate limits. SEC. 3. Be it further enacted, That T. J. Sellars, Clay Davis, J. M. Cox, R. B. Wingate, J. J. Martin, and Harmon West are hereby constituted and appointed a board of trustees to carry into effect the provisions of this Act. Board of trustees. SEC. 4. Be it further enacted, That the terms of office of said board of trustees shall be perpetual, and they shall have power to fill all vacancies on said board by appointment or otherwise, and said board may prescribe such rules for their own government as they may think proper. Said board of trustees shall take charge of all school buildings or other property within said school district, and shall be, and are, hereby entrusted with the organization of the schools to be taught therein. They shall have authority to employ teachers for said schools, fix their salaries, fix the tuition to be paid by each pupil, make rules for the government of said schools and to do and perform all other acts and things necessary or proper for the purpose of carrying out the objects of this Act. Powers of board. SEC. 5. Be it further enacted by the authority aforesaid, That, any citizen of said district shall be eligible to election to any vacancy in said board of trustees who is entitled to vote in State

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elections and who has paid all taxes and tuitions due said Hopeful school district. Vacancies on board. SEC. 6. Be it further enacted by the authority aforesaid, That the trustees shall, as soon as practicable, organize by electing a chairman, vice-chairman, secretary and treasurer, which officers shall thereafter be elected annually. The chairman of said board shall be the executive thereof. 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. Five members shall constitute a quorum. Officers of board. SEC. 7. Be it further enacted by the authority aforesaid, That the said board shall have power to remove at will all teachers and employees, and to remove, by majority vote, any member of said board of trustees who by a majority vote of said board is found guilty of malfeasance or nonfeasance. Trustees and teachers removable. SEC. 8. Be it enacted by the authority aforesaid, That all books of said board, its officers and employees shall be open to the public. That said treasurer shall not pay out any moneys or other effects except upon an order or draft by the secretary and countersigned by the chairman of said board. Books, how kept. Funds, how disbursed. SEC. 9. Be it further enacted by the authority aforesaid, That said board shall have full power and authority to levy and collect a tax on all real and personal property within the limits of said Hopeful school district for school purposes only; to defray the expenses of maintaining said schools in said district, of erecting and preserving school buildings and other property belonging to said board, but the rate of taxation shall not exceed one-half of one per cent. School tax. SEC. 10. Be it further enacted by the authority aforesaid, That the said board shall be empowered and directed to appoint three citizens of said district as tax-assessors, who shall assess the value of all property in said district for taxation, and for this purpose said assessors shall have free access to State, county and municipal tax books, and shall, at their discretion, use said tax books and returns, or any part of them, 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 the ownership

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of any property in said district, and should any party refuse to testify, then said party shall be punished as is provided for similar cases before a justice of the peace. Said board shall have the power and authority to fix the times 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 time fixed, then the secretary and treasurer, at the discretion of the board of trustees, shall issue a tax fi. fa., which shall be levied upon the property of the delinquent taxpayer in the same manner as State and county fi. fas. are levied. Said tax fi. fa. shall be a superior lien on the property of said delinquent taxpayer, except for State and county and municipal taxes. Tax fi. fas. SEC. 12. Be it further enacted by the authority aforesaid, That as soon as practicable after the adoption of this Act said board shall order a census to be taken of the school population of said district, and shall report the same to the State school commissioner, who shall be empowered and directed to pay to the secretary and treasurer of said board, from time to time, a pro rata part of the public school fund according to said school population, in the same manner as paid to the county boards of education in this State. State school fund, pro rata share. SEC. 13. Be it further enacted by the authority aforesaid, That the county school commissioner of Mitchell county shall pay over to the secretary and treasurer of said board their pro rata share of all school funds of Mitchell county for all children of school age in said county attending said schools in said district, who are non-residents of said school district. County school fund, pro rata share. SEC. 14. Be it further enacted by the authority aforesaid, That the said board of trustees shall exercise sole and exclusive control of all schools in said district, and shall report direct to the State school commissioner. Control of schools SEC. 15. Be it further enacted by the authority aforesaid, That the title to all school sites, buildings and property of whatever kind in said district shall be made to said board of trustees, and that they shall have sole and exclusive right to use, possession and occupation of the same. Control of school property. SEC. 16. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1902.

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JASPER AUTHORIZED TO ISSUE BONDS FOR SCHOOL PURPOSES. No. 137. An Act to authorize the mayor and council of the town of Jasper, Georgia, to issue bonds for the purpose of erecting a school building and equipping the same in the said town of Jasper, to provide for the payment of the principal and interest of said bonds, by levying a tax therefor, to provide for the ratification of the provisions of this Act, and to provide for the suitable officers to carry into effect the provisions of this Act, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the mayor and council of the town of Jasper be authorized and required to issue and sell bonds not to exceed in the aggregate three thousand dollars of the denomination of one hundred ($100.00) dollars each to be due and payable at such time or times within twenty (20) years after the date of the issue thereof as said mayor and council may determine, and bear not exceeding six per cent. interest per annum payable annually, such bonds not to be sold for less than par. Jasper. bonds to be issued. SEC. 2. Be it further enacted, That the mayor and council of Jasper shall pay over to the town treasurer the proceeds of the sale of said bonds, after first requiring and receiving a good and sufficient bond and security from him. Proceeds from sale of. SEC. 3. Be it further enacted, That the mayor and council 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 into effect the provisions of this Act, as hereinafter provided. Tax. SEC. 4. Be it further enacted, That the erection, furnishing and equipping of said school building, as aforesaid, shall be under the direction of a board of trustees who shall hold their office for a term of two years and shall be elected biennially. Said board of trustees shall consist of five members who are citizens of said town, who shall be (after the first election) elected at a regular election for mayor and council, and under the same rules and regulations. Election for first trustees to be held when election for bonds is had. Board of trustees. SEC. 5. Be it further enacted, That the authorities herein named shall have authority to sell or dispose of the present school building

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and the site upon which it stands (if they deem it necessary) and the proceeds of such sale, if not necessarily used in purchasing a new site, shall be applied to the equiping of the new building. School property, disposition of. SEC. 6. Be it further enacted, That said board of trustees shall organize by electing of their number a president and secretary, and adopt such rules for their government as they deem proper, that said board may have full power to accept by donation, or to purchase a site on which to erect said school building, to let contract for the erection of same, to enforce in the name of said board of trustees any agreement or contract entered into with them as said board. Officers of board of trustees. SEC. 7. Be it further enacted, That the vouchers upon which the treasurer of said town of Jasper, shall pay out money or funds arising under this Act for the purposes herein mentioned shall bear the signature of the president and secretary of the board of trustees, and the treasurer shall be required to pay all bills arising under this Act when properly made out and presented. School funds, how disbursed. SEC. 8. Be it further enacted, That the mayor and council of the town of Jasper may order an election (after notice being given as required by law, for such elections), at which election shall be submitted to the qualified voters of the town of Jasper the question of issuing bonds, and should the required majority not vote in favor of issuing bonds at said first election, then and in that event an election may be had annually until the provisions of this Act are adopted. Said election shall be held under the same rules and regulations as elections for representatives. Elections for schools. SEC. 9. Be it further enacted, That said board of trustees shall take charge of said school building when completed and accepted by them, and shall be and are hereby entrusted with the organizing of the school or schools to be taught therein; they shall have the authority to employ teachers for said school, fix their salaries or otherwise regulate their compensation, fix the tuition of pupils, make rules for governing said school, make annual report of their actings and doings and of the progress of the school to the mayor and council and do and perform such other duties as is necessary for the best interest of the school. Said board of trustees shall furnish annually, or as often as is necessary (or cause the same to be done), to the county school commissioner of Pickens county a list of pupils within the public school age attending said school from the county of Pickens, who is hereby authorized and required to pay over to said board their proportionate part of the public school fund, and said funds shall be used for the paying of teachers in said school. Powers of board of trustees. Pro rata share of public school fund. SEC. 10. Be it further enacted, That all laws and parts of

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laws in conflict with this Act be, and the same are hereby repealed. Approved December 17, 1902. JESUP, BOARD OF EDUCATION OF, TO SELL ITS LANDS. No. 161. An Act to amend an Act entitled an Act to establish a system of public schools in the town of Jesup, to provide for the maintenance and support of the same, and for other purposes, approved December 12, 1893, so as to authorize the sale of any lands owned by the board of education of Jesup, not used or needed for the benefit of the said schools. SECTION 1. Be it enacted by the General Assembly of Georgia, That section four (4) of the above recited Act be, and the same is, hereby amended by inserting after the word otherwise, in the eighth line of said section, the following words: with authority to sell and convey any lands owned by said board of education, when the same is no longer used or needed for the benefit of said schools, so that said section, when so amended, shall read as follows, to wit: Section 4. Be it further enacted, That said board of education shall be a body corporate and politic, with continuous succession, under the corporate name and style of the board of education of Jesup, Georgia, with the right to take and hold to it and its successors for the town of Jesup any grant or devise of lands or buildings or donations or bequests of money or other personal property, and to provide for said schools all necessary lands, buildings, furniture, and appliances, by purchase, lease, rent or otherwise, with authority to sell and convey any lands owned by said board of education when the same is no longer used or needed for the benefit of said schools, with the right to sue and the liability of being sued. Jesup, board of education of, 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. Approved December 17, 1902.

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MARBLE HILL SCHOOL DISTRICT, PUBLIC SCHOOL SYSTEM FOR. No. 195. An Act to incorporate the Marble Hill school district, in Pickens county, Georgia, to define the boundaries of the same; to regulate the management of the school in said Marble Hill school district; 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 the Marble Hill 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 Marble Hill school district, and by that name and style shall have perpetual succession, shall have a common seal and shall have power to purchase, 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. Marble Hill school district incorporated SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said district shall include and extend to the outward bounds of lots of lands numbers 67, 68, 85, 86, 104, 105, 106, 123, 124 and 125, in. the fourth district and second section of Pickens county. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That J. G. Faulkner, J. M. Eaton, J. R. Kennener, W. K. Rawles and B. A. Wheeler 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 second Saturday in January each year. The term of one of the trustees to be elected shall be for one year from the time of the election, one for two years, one for three, one for four 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 chairman, secretary

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and treasurer from their own number, and no member shall receive compensation for his service except the secretary, whose compensation for his services shall be fixed by the board. The treasurer shall give good and sufficient bond, to be approved by the board of trustees. Officers of board. 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 and is a property holder in said district. Eligibility to board. SEC. 6. Be it further enacted by authority aforesaid, That the trustees of the Marble Hill 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. Powers of board. SEC. 7. 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 Marble Hill school district for school purposes, to defray the expenses of managements 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 onehalf of one per cent. Said board of trustees shall have full power and authority to fix the time and manner of the payment of said tax. School tax. SEC. 8. Be it further enacted by the authority aforesaid, That should any person or persons fail to pay said tax at the required time the secretary and treasurer, at the discretion of the board of trustees, shall issue a tax fl. fa. which shall be levied on the property of the delinquent taxpayer in the same manner as State and county fi. fas. Said tax fi. fa. shall be a superior lien on the property of said delinquent taxpayer except for State and county tax. Tax fi. fas. SEC. 9. 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 employed and directed to pay to the secretary and treasurer of the trustees of the said Marble Hill school district from time to time the proportion of the common

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school fund, arising from any source, belonging to said Marble Hill 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 Pickens county. State school fund, pro rata share SEC. 10. Be it further enacted by the authority aforesaid, That the county school commissioner of Pickens county shall pay over to the secretary and treasurer of the board of trustees of the said Marble Hill school district the pro rata share of school fund of [Illegible Text] county for all children of or within school age who are residents of said county and not residents of said Marble Hill school district, but who are attending the public school of said district. County school fund, pro rata share SEC. 11. Be it further enacted by the authority aforesaid, That the school of said Marble Hill 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 of school. SEC. 12. Be it further enacted by the authority aforesaid, That three of said 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. Trustees removable. SEC. 13. 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. School property, sale of. SEC. 14. Be it further enacted by the authority aforesaid, That before this Act shall become operative its adoption shall be submitted to the legally qualified voters of said district, for which purpose the board of trustees shall order an election, of which ten days' notice shall be given by posting in three conspicuous places in said district, and the legally qualified voters only of said district will be allowed to vote in said ratification of 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 a majority of the qualified voters of said district in said election be for Local taxation for public schools, this Act shall become operative; should the result of the election herein provided for be Against public schools, the board of trustees of said district may order other elections once every six months thereafter until public schools are adopted. Election for public schools.

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SEC. 15. 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 school and shall accompany their report with the treasurer's report of a full and itemized statement of all moneys received and expended by said board. Reports of board. 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, repealed. Approved December 18, 1902. MARSHALLVILLE, PUBLIC SCHOOLS FOR, SYSTEM AMENDED. No. 170. An Act to amend an Act to establish a public school system for the town of Marshallville, Ga., to appoint a board of education for said town, and for other purposes, approved December 29, 1890, by adding between the words the and secretary, in the sixth line of section 3 of said Act, the word president. 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 to establish a public school system for the town of Marshallville, Ga., to appoint a board of education of said town, and for other purposes, approved December 29, 1890, be, and the same is, hereby amended by adding between the words the and secretary, in the sixth line of section 3 of said Act, the word president, so that said section, when amended, shall read as follows: Marshallville public school system. SEC. 2. Be it further enacted, That no member of said board shall reside without the corporate limits of the town of Marshallville; that the officers of said board of education shall be a president, who shall be ex officio superintendent of schools, and a secretary and treasurer; that no member of said board or officers thereof shall receive any compensation for their services except the president, secretary and treasurer, who may be given such compensation as the board of education may determine upon, and the secretary and treasurer shall give bond in the sum of $1,000 for the faithful discharge of his duties, which said duties

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shall be designated by the board of education. The duties of the president shall be prescribed by the board. The president and the secretary and treasurer shall hold their offices at the will of the board. Officers of board of education. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902. MAYSVILLE AUTHORIZED TO ISSUE BONDS FOR SCHOOL PURPOSES. No. 25. An Act to amend an Act approved September 30, 1885, entitled an Act to amend the charter of the town of Maysville by striking all of section 1 of said Act, and also to further amend said Act by adding at the end of section 5 of said Act a provision 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 accruing interest on said bonds and maturing bonds in case bonds are sold; to provide for and define the duties of the school board 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 authority of the same, That an Act approved September 30, 1885, entitled an Act to amend the charter of the town of Maysville, in Jackson and Banks counties, be, and the same is, hereby amended by striking all of section 1 of said Act. Maysville, charter amended. SEC. 2. Be it enacted by authority aforesaid, That section 5 of said Act be amended by adding at the end of said section the following, to wit: The mayor and council of said Maysville are hereby authorized to erect and equip school buildings for the town of Maysville, to levy and collect a tax upon all the taxable property in said town (said tax to be uniform ad valorem tax), to pay for said building and furnishings, or to issue and sell bonds of said town of Maysville to pay for said

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buildings and furniture, and levy on and collect on all of the taxable property in said town, annually, an ad valorem tax sufficient to create a sinking-fund to pay off bonds when due, if payment thereof shall be deferred. The mayor and council 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 in a newspaper in which sheriff's sales are published, 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 issuance of bonds. Those voting in said elections who favor the issuance of said bonds shall have written or printed on their ballots For school bonds, those who oppose the issuance of said bonds shall have written or printed on their ballots Against school bonds. Be it further enacted, That there shall be a board of education of said town under the corporate name of the board of education of the town of Maysville, to consist of five members, who shall be elected by the mayor and council at one of their regular meetings, and the term of office of said members shall be two years. The officers of said board shall consist of a president and secretary, to be elected by the board. No member of the board shall receive any compensation for his services except be free from street tax. Said board shall hold regular meetings at stated periods. Said board shall have authority to employ principal and assistant teachers for said school. The board shall have power to fix the compensation thereof of all teachers employed in said school, to exercise general supervision over said school, and to do everything for the benefit, control and proper management of said school. School bonds. Election for. Approved December 6, 1902.

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MEANSVILLE SCHOOL DISTRICT, PUBLIC SCHOOL SYSTEM FOR. No. 110. An Act to incorporate the Meansville 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 for said schools, to provide for the election of five (5) 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 Meansville district to be vested in five (5) men who shall constitute a board of trustees of the Meansville school district and by that name and style shall have perpetual succession, a common seal, and shall have power to purchase, have, hold, receive, enjoy, possess and retain to them and their successors in office, for school purposes any estate, real or personal, of whatever kind or name, within the jurisdictional limits of said district as described hereafter in this Act, and shall, by said name, be capable of suing and being sued in any court of law or equity in this State. Meansville school district incorporated. Board of trustees for. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said school district shall include and extend to the outward bounds of lots numbers, 198, 199, 200, 201, 202, 203, 187, 186, 185, 183, 184, west half of 182, 166, 167, 168, 169, 170, 155, 154, 153, 152, 134, 137, 138, 135, 136, 119, 120, 121, 122; and all of lot No. 151 except fifty acres on south side owned by Thos. Z. Jones, in the eighth district of said county of Pike, making a district of thirty-one lots and parts of lots as above mentioned. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That J. M. Means, W. C. Sims, Early Owens, J. C. Slade and J. W. Holloway shall be, and are, hereby constituted a 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 the election, one for two years, one for three years, one for four years and one for five years. Their successors in

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office shall serve for a term of five years, each member dating from the time of his election. The board of trustees shall fill all vacancies. Trustees. Election. SEC. 4. Be it further enacted by theauthority 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 full and sufficient bond. Officers of board. 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 superintendents, to fix their compensation, provide schoolhouses 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 school 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 district, not in conflict with the provisions of this Act or the laws of this State. Powers of board. 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 benefits of public schools under the laws of this State, and whose parents, guardians or natural protectors bona fide reside within the corporate limits of said district, shall be admitted into the aforesaid schools upon payment of such admittance fee only as the board of trustees may deem necessary. Children of non-residents, and such others as may not be entitled to the benefits of these schools shall be admitted upon such terms as may be prescribed by the board of trustees, not in conflict with the laws of this State. School term. Separate schools for white and colored. Entrance fee. 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 said board shall provide not in conflict with rules and regulations of the county board of education, the portion

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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; provided, however, that in no case shall the pro rata for actual attendance within said school district be less than that paid other schools of Pike county. Public school fund, prorata share. SEC. 8. Be it further enacted by the authority aforsaid, 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 school 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 of one per cent. of the taxable property of said district, in the same manner as other taxes of said town of Meansville, 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 admissions and tuition fees as may be collected, and any other funds that may be placed in his hands for that purpose, shall constitute a fund to be expended only by order of the board of trustees in defraying the expenses necessary for the carrying on of said schools. School 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 fund be paid to any school in said district other than the school herein provided for. No other school allowed. 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 funds derived from such sale shall be reinvested in other property to be used for school purposes. School property, sale of. 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 purpose the board of trustees shall order an election, of which ten (10) 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 the elections of mayor and council of the town of Meansville, Ga., and only legally

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qualified voters of said school district will be entitled to vote in said ratification. At said election those favoring incorporation of said district shall have printed or written on their ballots For incorporation, and those opposed to the incorporation of said district shall have printed or written on their ballots Against incorporation, and if two-thirds of the qualified voters of said district in said election be For incorporation this Act shall become operative. Should the result of the election herein provided for be Against incorporation, the board of trustees of said district may order other elections once every six months until the Act incorporating said district shall be ratified. Election for schools. 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. Reports of board. SEC. 13. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved December 17, 1902. NORCROSS, ACT AUTHORIZING BONDS FOR SCHOOL PURPOSES REPEALED. No. 35. An Act to repeal all of an Act entitled an Act to provide for the issuing of bonds by the town of Norcross, in Gwinnett county, for the purchasing of school property, building schoolhouses, and for other purposes, after submitting the same to the qualified voters of Norcross, approved December 23, 1896. 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 all of an Act entitled an Act to provide for the issuing of bonds by the town of Norcross, in Gwinnett county, for the purchasing of school property, building schoolhouses, and for other purposes, after submitting the same to the qualified voters of Norcross, approved December 23, 1896, as provided for in said Act thereof relating to the municipal government of said town and the

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powers conferred upon the same, be, and the same are, hereby repealed, so as to repeal the whole of said Act. Norcross, Act authorizing school bonds repealed. SEC. 2. Be it further enacted by the authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 4, 1902. OCILLA, PUBLIC SCHOOL SYSTEM FOR, ESTABLISHED. No. 171. An Act to establish, maintain and operate a public school system in the city of Ocilla, in Irwin county, Georgia; to provide for the raising of revenues to maintain said school, authorize and require the State School Commissioner to pay over to the board of education of said city such part of the public school funds of the State as may be the pro rata share due said school system; to provide for election of a board of education for said school system, and prescribe its powers and duties, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act there shall be established in the city of Ocilla, Irwin county, Georgia, a system of public schools to be maintained and supported as provided for in this Act. Ocilla public schools, system. SEC. 2. Be it further enacted, That before this Act shall be operative an election shall be held on the 2d day in January, 1903, to ascertain the sense of the qualified voters of said city, under the provisions of this Act, as to whether or not public schools shall be established and maintained in said city. The voters at said election shall have printed or written on their ballots the words For Public Schools or Against Public Schools, and if at said election two-thirds of the qualified voters of said city shall cast their ballots for public schools, then this Act shall become operative. All voters qualified to vote for members of the General Assembly of Georgia and residing in said city shall be qualified to vote at said election, and said election shall be held as the elections for mayor and aldermen are held for said city. That the mayor and aldermen shall give ten days' notice of the holding of said election by publication in the Ocilla Dispatch, a newspaper published in said city. There may be an election held every six months

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until this Act is approved by the qualified voters of said city, as herein provided for, if not approved on said 2d day of January, 1903. The managers of said election shall count the ballots and declare the results thereof, which result shall be certified to by the managers, and together with all the papers, tickets, list of voters, and tally-sheets turned over to the mayor and aldermen of said city, who shall inspect the same and see that the result so declared is correct, and preserve all of said tickets and papers for thirty days if no contest is filed; and if a contest is filed to said result, the same shall be heard and decided as contests over elections for mayor and aldermen of said city. Election for. SEC. 3. Be it further enacted, That an election shall be held on the 1st Tuesday in January, 1903, in said city of Ocilla, at the place of holding elections to elect the mayor and aldermen of said city, for the election of five persons, citizens of said city, as a board of education, and any person eligible to the office of mayor or city council shall be eligible as a member of said board. The members of said board of education shall hold their office for the term of two years from the date of their election, or until their successors are elected and qualified, and there shall be an election annually from the date of the first election to elect successors of the first incumbent of said board. Said election shall be held under the same rules and regulations as prescribed for the first election, shall be known as the Board of Education of the City of Ocilla. Said board of education shall have the power to sue and be sued, to plead and be impleaded, in any of the courts of this State; to have and use a seal; to take and hold real and personal property that they may acquire by purchase, donation or otherwise in trust for the purposes set forth in this Act, to go to the city of Ocilla in case the system of public schools is abolished; provided, that all property donated shall be subject to the conditions specified in the deed of gift. Board of education. SEC. 4. Be it further enacted, That before the members of said board of education shall enter upon the duties of their office each shall take and subscribe to the following oath: I, , do solemnly swear (or affirm) that I will faithfully discharge the duties of the office of member of the board of education for the city of Ocilla, Georgia, to the best of my ability, so help me God, which oath may be administered by the mayor of said city, or any judge of any court of this State, or a justice of the peace. A similar oath shall be taken by the secretary and treasurer of said board. That said board of education shall elect from their body a chairman and chairman pro tem., a secretary and treasurer. The last two offices may be held by the same person, who shall perform such duties as may be required of them by the board. The secretary and treasurer

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shall give such bond and security in an amount to be fixed by the board for the faithful performance of their or his duties and for the safe-keeping and proper disbursement of all funds coming into his hands as treasurer of said board. The treasurer shall not pay out any money except upon the order of said board. Vacancies occurring in said board from any cause shall be immediately filled by the remaining members of the same. Oath of members. Officers of board. SEC. 5. Be it further enacted, That said board of education shall have the power to determine the length of the scholastic term, its beginning and close; may adopt such a system and course of study as they may deem proper; charge and collect such entrance fees and tuition as they may deem proper, to be paid by all pupils entering said schools, whether they reside in or out of said city. Said board shall have the power to elect annually a superintendent and teachers of said schools of Ocilla, and fix the salaries of the same and salaries of the officers of said board; to adopt such rules and regulations as may be necessary for the successful conduct of said schools; shall choose and adopt text-books and reference books to be used by pupils of said schools, and shall have general oversight and management of said 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. That said board shall, as often as they may deem proper, take a census of all pupils residing in said city 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 within thirty days after said census is taken. Powers of board. SEC. 6. Be it further enacted, That said board of education shall, as early as practicable each year, by resolution require the mayor and aldermen of said city to levy and collect an ad valorem tax on all the taxable property of said city for school purposes for that year, an amount not to exceed two and one-half mills, or twenty-five cents on the $100.00, and when collected to be turned over to said board promptly to be used for the purposes of this Act. That the State School Commissioner shall pay over directly to the officer designated by said board the pro rata share of the State school fund due and coming to the children taught in the schools under this Act, to be by the board expended in the maintenance of said schools. There shall be separate schools for the whites and blacks under this Act. School tax. SEC. 7. Be it further enacted, That all elections held under this Act for members of said board of education shall be under the same rules and regulations that govern the election of mayor and aldermen of said city. That the qualifications of the voters of said

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election be the same as for mayor and aldermen in said city. All contests over the office of members of said board of education shall be heard and decided as contests for the office of mayor or aldermen of said city. The managers in said election provided for in this section shall count the ballots and declare the results thereof, which result shall be certified to by the managers and together with all the papers, tickets, list of voters and tally-sheets turned over to the mayor and aldermen of said city, who shall inspect the same and see that the result so declared is correct. The mayor and aldermen shall preserve all of said tickets and election papers for thirty days before destroying the same, if no contest is filed to said results so declared, or until any contest is held or determined. Elections of members of board. SEC. 8. Be it further enacted, That all persons who are citizens of said city and qualified to vote for mayor and aldermen of the same shall be eligible and competent to vote for members of said board of education, and 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 of Georgia. Electors. 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. Approved December 17, 1902. PALMETTO AUTHORIZED TO ISSUE BONDS FOR SCHOOL PURPOSES. No. 79. An Act to authorize the mayor and council of the town of Palmetto, in Campbell county, to issue bonds for the purpose of erecting a school building or buildings in said town and furnishing the same; to limit the amount of such bond issue and secure the money arising therefrom; to provide for taxation for the payment of the principal and interest of said bonds and the insurance on and the maintenance of said buildings and furniture; to provide a board of trustees for said school and building or buildings; to prescribe the powers and duties of said board of trustees, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the mayor and council of the town of Palmetto, in

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Campbell county, be, and they are, hereby authorized to issue bonds, not to exceed in the aggregate the sum of four thousand dollars, of the denomination of one hundred dollars each, to become due and payable at such time or times within twenty-five years after the date of the issue thereof as said mayor and council may determine, to bear interest at a rate not exceeding six per cent. per annum, payable annually, and not to be sold below par. Palmetto may issue bonds. SEC. 2. Be it further enacted, That said bonds shall be signed by the mayor and a majority of the council of said town, and be sold and negotiated in such manner as said mayor and council of said town may determine for the best interests of said town, and the proceeds turned over to the treasurer of said town, to be paid out as hereinafter provided. How issued. SEC. 3. Be it further enacted, That the said mayor and council of the town of Palmetto, before paying over to the treasurer of said town the proceeds of the sale of said bonds, as provided in the preceding section of this Act, shall require such bond of him, with good security, as they may deem necessary, but to be not less than double the amount of said bonds. Proceeds from sale of. SEC. 4. Be it further enacted, That for the payment of said bonds and interest thereon, the faith and credit of said town of Palmetto shall be pledged, and the said mayor and council of the town of Palmetto are hereby authorized and required to provide by taxation for the payment of said obligations as they may fall due; that said tax shall be levied on all the taxable property in said town, both real and personal, which is taxable under the constitution of this State; that said taxes shall be separately assessed, levied and collected for the specific purposes herein named. A separate account shall be kept thereof, and shall not be used nor applied to any other purpose whatever; provided, an amount additional may be so levied and collected sufficient for and only to be paid for the insurance on and the maintenance of the buildings to be erected by the proceeds of the sale of said bonds. Tax. SEC. 5. Be it further enacted, That said bonds, principal and interest, may be made payable in gold coin of the United States of America of present weight and fineness. Gold bonds. SEC. 6. Be it further enacted, That out of the proceeds of said bonds, after paying the necessary expenses of issuing the same, shall be built and furnished on the present school lot in said town, or on any other lot for which the said mayor and council of the town of Palmetto may first exchange the present lot, shall

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be erected a school building to be known as the Palmetto Institute, and the said mayor and council of the town of Palmetto may erect and furnish additional buildings on other lots if they see proper to do so, provided the said building or buildings shall in no event cost more than the net proceeds of the sale of said bonds, including the furniture for the same. School buildings and furniture. SEC. 7. Be it further enacted, That before the erection of any such building or buildings thereon, the title to the lot or lots shall be made to, if not already in them, the mayor and council of the town of Palmetto and their successors in office. And the said mayor and council are hereby authorized and required to have the building or buildings herein provided for well insured so soon after the construction of the same is begun as practicable, and to keep the same insured and in good repair; and they are hereby authorized and required to raise by taxation in the manner named in the 4th section of this Act whatever money may be necessary to keep said building or buildings insured, in good repair and furnished. Title to. Insurance. SEC. 8. Be it further enacted, That T. E. Culbreath, F. R. Smith, H. T. Daniel, A. N. Brittain, S. P. Condor, F. W. Hudson and T. P. Arnold shall constitute a board of trustees for said Palmetto Institute, four of whom shall hold their office till the first Saturday in July, 1903, and three of whom shall hold their offices till the first Saturday in July, 1904, when their successors shall be elected for a term of two years and until their successors are elected. Said trustees shall determine by lot as to who shall hold for the long and short terms under this provision. The successors to the above-named trustees shall be elected by the qualified voters of said town, at elections which shall be held in the same manner as elections are held for mayor and council of said town are held, but said elections shall be held on the first Saturday in July in each year; provided, that, in case a vacancy shall occur in said board of trustees at any time, by death, resignation or otherwise, the remaining members of said board shall elect some one to fill said vacancy, who shall hold for the unexpired term. Trustees. SEC. 9. Be it further enacted, That said board of trustees shall organize immediately after the passage of this Act, by selecting from their number a chairman, a secretary and a treasurer. They may prescribe such rules for their own government as they may deem proper; that said board of trustees to let the contract for the erection of said building or buildings, and furnishing the same, and shall have full power and authority to superintend the erection and furnishing the same, and to enforce,

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in the name of said board of trustees, in any of the courts of this State having jurisdiction, any obligation or contract entered into with them. That the purchase money, if any, for the site on which said building or buildings are to be erected, together with the cost of construction, the material for the same, and the furnishing the same, shall be paid out by the treasurer of said town of Palmetto out of the funds arising from the sale of the bonds provided for in this Act, on warrants drawn by the chairman of said board of trustees, by order of said board, and countersigned by the secretary; that all contracts for insurance and repairs on said building or buildings, and the repairs on or replacing said furniture, shall be made by said board of trustees and paid for out of any funds in the hands of the treasurer of said town, upon warrants drawn by the chairman of said board of trustees in the manner aforesaid. Officers of board. Powers of. SEC. 10. Be it further enacted, That said board of trustees shall take charge of said school building or buildings, when completed and accepted by them, and shall be, and are, hereby entrusted with the organization and management of the school or schools to be taught therein; they shall have authority to employ teachers, fix their salaries, or otherwise regulate their compensation, fix the rates of tuition and incidental fees to be paid by or for each pupil, which they are hereby authorized to charge, make rules for the government of said school or schools, pupils and teachers, make annual reports of the operation of said school or schools to the said mayor and council of Palmetto, and do and perform all other acts and things necessary or proper for carrying out the objects of this Act. Said board of trustees shall make or cause to be made annually, or as often as they may deem necessary, a full and complete list of all pupils in attendance upon said Palmetto Institute, within the public school age, who reside in the county of Campbell or Coweta, in said State, which lists they shall present to the county school commissioners of said counties, who are hereby authorized and required to pay over to said board of trustees the proportionate part of the public school fund of said counties for said pupils, to be determined according to the number of pupils taught in said school from each of said counties, and who reside in each of said counties, to be used by said board of trustees in paying teachers for said school. Control of schools. Public school fund, pro rata share SEC. 11. Be it further enacted, That for the purpose of carrying out this Act, the said mayor and council of the town of Palmetto shall have power to pass all ordinances and regulations,

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not contrary to law, for assessing and returning property for taxation, as herein provided, and such other ordinances and regulations in the premises, not contrary to law, as they may deem proper. Taxing power. SEC. 12. Be it further enacted, That before the bonds provided for in this Act shall be issued and sold, the question of issuing the same shall be submitted to the qualified voters of said town by the mayor and council thereof, as provided by the general law of this State as embodied in sections 377, 378, 379, 380 and 381, vol. I., of the Code of 1895, as soon after the passage of this Act as they may deem practicable. Election for bonds. SEC. 13. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 10, 1902. PINEHURST, PUBLIC SCHOOL SYSTEM FOR, ESTABLISHED. No. 59. An Act to amend an Act to incorporate the town of Pinehurst in the county of Dooly, approved December 16 1895, so as to provide as follows: to establish a system of public schools in and for the town of Pinehurst; to create a board of education for said town; to authorize the State school commissioner to pay or turn over to said board such part of the State school fund as may be the just pro rata share of said town; to provide for the election of said board of education and the government of said school; to define the powers and duties of said board of education; to limit the jurisdiction of the county board of education in relation to said school, and for other purposes. SECTION 1. Be it enacted by the authority of the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same. That there shall be established and maintained, conducted and supported, a system of public schools, as in the manner hereinafter provided, in and for the town of Pinehurst in the county of Dooly and the State of Georgia. Pinehurst, public school system. SEC. 2. Be it further enacted, That there shall be a borad of

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education for said town consisting of five members, whose term of office shall be for two years and until their successors are elected and qualified as hereinafter provided, except that at the first election held hereunder there shall be two members of said board elected for one year and three members for two years, which said election shall be held on the first Monday in December, 1902, and annually thereafter. But the first election under this act shall be held on the second Monday in December, 1902. Said election shall be held under the same rules and regulations as the elections for mayor and aldermen of said town are held. Board of education. SEC. 3. Be it further enacted, That the said board shall select from its body a chairman whose duty it shall be to preside over all meetings of said board and execute its orders. The clerk and treasurer of the town of Pinehurst shall be ex officio clerk and treasurer of said board of education, and it shall be his duty to attend all meetings of said board of education, and shall keep a record of all the proceedings of said board, which record shall be subject to public inspection when demanded, and shall perform such other duties as may be prescribed by said board. And for his failure or neglect to do so, the said board shall have power to employ another to perform said duties and draw a warrant to pay for same, which sum shall be deducted from the salary of said clerk and treasurer of said town. Officers of board. SEC. 4. Be it further enacted, That said board of education shall have power to make such rules as they may deem necessary for the government of themselves, the teachers and pupils of said school; to establish grades in said school and prescribe the curriculum of studies and the text-books to be used therein; to employ the teachers thereof; to fix their salaries and pay the same or cause it to be done; to provide for the convenience and necessary appliances of said school; to do all lawful acts that they may deem necessary or beneficial to the proper operation of said school. Also to receive, hold, apply, sell or expend any donation or bequest of property or money made for the benefit of said school. Powers of board. SEC. 5. Be it further enacted, That the necessary fund for the establishing, conducting, maintaining and supporting such public schools shall be derived as follows: First, it shall be the duty of said board of education, at or before the time of the annual levy of taxes for general purposes of said town of Pinehurst, to make known to the mayor and council of said town the amount of funds or the rate per cent. on the total valuation

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of taxable property in said town necessary, in their discretion, for establishing, conducting and maintaining said schools; and it shall be the duty of said mayor and council of said town, and they are hereby authorized, empowered and required to levy each year a special tax sufficient to raise the amount recommended by said board of education, not to exceed one per centum on all property, both real and personal, subject to taxation in said town, shall be collected as other taxes are collected for general purposes of said town, and when collected, and as collected, shall be passed and credited to the school account of said town, which account the said clerk and treasurer is hereby required to keep separate and distinct from all other accounts at all times, and which shall not be used for any other purpose except for school purposes. Second, the State school commissioner of the State of Georgia is hereby authorized, required and directed to pay over to the clerk and treasurer of said board the pro rata share of the State and county school funds 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 schools. For each child of school age residing within the corporate limits of said town of Pinehurst, and for each child of school age residing without the corporate limits of said town, but attending said schools, the said board of education of said town is entitled to receive for each year that amount apportioned from the State fund for each child of school age residing within the county of Dooly. The amounts to be thus paid shall be paid at the time and in the same manner that the teachers of the counties of this State are paid, and when paid over to said board of education of said town shall be expended by said board for the maintenance of said schools. Third, all fund received from all other sources as is elsewhere provided in this act. The said board of education shall furnish the State school commissioner with the number of children entitled to participate in said schools as provided in this Act, which shall be the basis upon which the share of the school funds of this State to which said town is entitled shall be reckoned. School tax. Public school fund, pro rata share. SEC. 6. 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 in each year. No white child shall be admitted to any colored school and no

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colored child shall be admitted to any white school. All children who are entitled to the benefits of the public school funds of this State shall be admitted to said schools upon the payment of such incidental and matriculation fees as the said board may see proper to charge or impose, which fees shall not exceed the sum of six ($6.00) dollars annually. The said board may, by a majority vote, refuse to admit any child or pupil to said schools, or may expel them from the same at any time, if in the judgment of said board it would be detrimental to the moral or general welfare of said schools or the pupils thereof to allow them to enter or remain in said schools. Separate schools for white and colored. Entrance fee. SEC. 7. Be it further enacted, That after the passage of this Act the county board of education of Dooly county shall not contract with any person to teach a school in the said town of Pinehurst, nor shall they establish any school within the same, or have any voice or authority over the management of the same. The entire and exclusive management of said schools is hereby vested in the board of education of the town of Pinehurst. It shall not be lawful for the said county board of education to establish or maintain any school within two miles of the corporate limits of said town of Pinehurst. Powers of board exclusive. SEC. 8. Be it further enacted, That the said board of education shall have power and it shall be their duty to provide schoolhouses by building, renting, purchasing or otherwise to repair the same, to provide for the comforts and needs of the teachers and pupils; to employ a superintendent and other teachers; to discharge any person connected with said school at any time for incompetency, incapacity, immorality or neglect of duty to make all such by-laws, rules and regulations for the government of said schools, its teachers and their pupils and for said board of education; and for receiving and paying out of the funds belonging to said schools, as said board may deem necessary and proper. Schoolhouses, etc. Teachers. SEC. 9. Be it further enacted, That all vacancies in said board, whether caused by death, resignation or otherwise, shall be filled as in cases of regular elections. Within thirty days after a vacancy shall occur the mayor of said town shall give notice of the time and place of holding an election to fill said vacancy, which notice shall be posted in three or more distinct and conspicuous places in said town at least fifteen days before said election is held; provided, if the mayor should fail or refuse to give said notice within the time prescribed, then any two qualified voters of said town are authorized to give said notice,

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which shall have the same binding effect as if the mayor had given the said notice. Vacancies on board. SEC. 10. Be it further enacted by the authority aforesaid, That at any election held hereunder, for the election of members of said board or to fill vacancies therein, said election shall be presided over by a justice of the peace and two freeholders, or by three freeholders, who shall take the oath prescribed in the general elections of said town and shall deliver to the successful persons in said election a certificate of election; provided, said certificates shall not be delivered until five days from the date of said election, after which time the persons elected shall qualify by taking the following oath: I, do solemnly swear that I will perform the duties as a member of the board of education of the town of Pinehurst to the best of my knowledge and ability, and without favor or affection to any one, so help me God. Which oath shall be administered by the mayor of said town or any other person authorized by law to administer oaths, and shall be recorded in the regular book of minutes of said board of education. Elections. Oath of trustee. SEC. 11. Be it further enacted, That the board of education of said town shall carry out the terms of the contract of the present board of trustees of said town of Pinehurst, and shall not have power to discharge any teacher now employed by said trustees, decrease their salary as fixed by said trustees or otherwise interfere with said teachers or their contracts, except by a majority vote of said board of education and the unanimous consent of said board of trustees, which consists of five members, to wit: R. Whitehead, G. F. Herring, W. A. Shelling, W. N. Edenfield and W. L. Williams; provided, that said contract shall not extend beyond a period of twelve months. Existing contracts. SEC. 12. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 6, 1902.

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SYLVANIA SCHOOL DISTRICT, PUBLIC SCHOOL SYSTEM FOR. No. 203. An Act to establish a system of public schools for Sylvania school district; to define the boundaries of same; to provide for a board of education, to empower the board of education of the said Sylvania school district to levy and collect a tax for the support and maintenance thereof; and to authorize the county school commissioners of Screven county to pay over to said board of education such part of the State school fund as may be the pro rata share of the said Sylvania school district, 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 Sylvania school district be vested in seven men, who shall constitute a board of education of the Sylvania school district, and by that name and style shall have perpetual succession, a common seal, and shall have power to purchase, have, hold, receive, enjoy, possess and retain to them and their successors in office, for school purposes any estate, real or personal, of whatever name or kind, within the jurisdictional limits of the 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 and equity in this State. Sylvania school district incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said school district shall include and extend to the outward bounds of a radius of two and a half miles from the court-house in Sylvania, Georgia, on all sides, or one mile and a half beyond the corporate limits of said town of Sylvania, Georgia. Corporate limits. SEC. 3. Be it enacted by the authority aforesaid, That R. R. Mock, H. J. Arnett, C. H. Parrish, J. W. Overstreet, W. R. Lovett, W. M. Hobby and J. J. B. Morel shall be and constitute the board of education for the said Sylvania school district; the term of the first shall expire on the first Thursday in January, nineteen hundred and four, and the others one each annually thereafter in the order of their names above; and in case of a vacancy by death, resignation, removal from the said school district or otherwise, except by expiration of term of office, the mayor and council of Sylvania shall elect a member to fill the

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said vacancy at their first meeting after said vacancy occurs, or so soon thereafter as possible, annually, to wit: On the first Thursday in each year, at the election for mayor, councilmen and recorder for the city of Sylvania, there shall be elected a member of said board of education to fill the place of the member whose term of office shall expire on said day, and the managers of said election shall prepare and have separate lists not to be connected with the city lists of papers or the election of officers for the said city of Sylvania. In any election for said member of said board of education all qualified voters in said school district shall be allowed to vote, as well as the qualified voters of the said city of Sylvania. This, however, shall not give said voters residing in said school district outside of the city of Sylvania the right to vote for any officer elected for the said city of Sylvania, but shall only apply to the election of the said members of said board of education. No one shall be eligible to be elected to the said board of education who is not a resident of the said Sylvania school district and a qualified voter thereof. Board of education. Election. SEC. 4. Be it further enacted by the authority aforesaid, That said board of education 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 and treasurer, whose compensation for his services shall be fixed by the board. The treasurer shall give good and sufficient bond. Officers of board. SEC. 5. Be it further enacted by the authority aforesaid, That said board of education shall have the power to design and adopt a system of public schools for the said district, to elect a superintendent and employ teachers for same, to suspend or remove teachers or superintendent, to fix their compensations, to provide schoolhouses by rent, building, purchase or otherwise, to make and hold titles to such property, and to make such rules for the government of themselves and said schools as they may deem proper and not in conflict with the laws of this State; and to do any and all things promotive of the best educational interests of said district, not in conflict with the provisions of this Act or the laws of this State. Powers of board. SEC. 6. Be it further enacted by the authority aforesaid, That there shall be established and maintained for such time in each year as said board of education may prescribe 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 in the school established for colored children, and no colored child shall be admitted into the school

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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 withini the corporate limits of said district, shall be admitted into the aforesaid schools upon payment of such admittance fee as the board of education may deem necessary. Children of non-residents, and such others as may not be entitled to the benefits of these schools shall be admitted upon such terms as may be prescribed by the board of education, not in conflict with the laws of this State. Separate schools for white and colored. Entrance fee. SEC. 7. Be it further enacted by the authority aforesaid, That it shall be the duty of the board of education to have, prepare and furnish to the county school commissioner immediately upon the passage of this Act, and annually thereafter on the first day of February in each year, a list or census of all the pupils or children residing in said district entitled to the State school fund, and the said county school commissioner shall pay over to the treasurer of said board of education such proportion of said educational fund as said pupils are entitled to under the rules of distribution prescribed by law, including their proportion of the year 1903. Public school fund, pro rata share. SEC. 8. Be it further enacted by the authority aforesaid, That as early as possible after the ratification of this Act, and not later than the fourth Saturday in June of each succeeding year, the board of education shall determine what amount of money will be necessary to raise by taxation to defray the expenses of said schools for the ensuing scholastic year, and said board, shall, through its officers, be required to levy and collect same; provided, said amount does not exceed one-fourth of one per cent. of the taxable property of said district, in the same manner as other taxes of said county are levied and collected. Said taxes when collected, shall be turned over to the said board of education, and together with the amount received from the public school fund, such admission or tuition fees as may be collected and any other funds that may be placed in their hands for that purpose shall constitute a fund to be expended only by order of the board of education in defraying the expenses necessary for the carrying on of said schools. School tax. SEC. 9. Be it further enacted by the authority aforesaid, That after the ratification of this Act, the said board of education shall not establish any other schools, grant any license to, or contract with any person to teach a school of any character in said district, nor shall any of the State school fund be paid to

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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 acquired by said board of education under any provisions of this Act, or otherwise, be sold, the funds derived from said sale shall be reinvested in other property to be used for school purposes. School property. SEC. 11. Be it further enacted by the authority aforesaid, That for the purpose of ascertaining whether or not this Act shall go into effect, the mayor and council of the city of Sylvania shall call an election, to be held at the court-house in said city of Sylvania, at the office of A. L. Potter, justice of the peace of the 34th G. M. district of Screven county, to be governed by the rules usually applying to elections in said city of Sylvania, after giving notice of said election once a week for two weeks in the Sylvania Telephone, a newspaper in which the sheriff's advertisements for Screven county are published, and which shall specify the time and place of holding said election, and the purpose thereof, and at which election all qualified registered voters of said Sylvania school district shall be allowed to vote. Those voting in favor of public schools shall have written on their ballots For Public Schools, and those voting against public schools shall have written on their ballots Against Public Schools; and if two-thirds of the said voters voting in said election vote for public schools, this Act shall become operative; and should the result of said election herein provided for be against public schools, the said mayor and council of said city of Sylvania may order other elections once every twelve months thereafter until this Act may be adopted. For the purpose of ascertaining the number of qualified voters in said Sylvania school district, said mayor and council shall cause to be opened a registration book; the said registration book shall be kept open at the office of A. L. Potter, recorder of Sylvania, between the hours of 8 A. M. and 4 P. M. each day for fifteen days, for the registration of voters in said Sylvania school district. At the expiration of said fifteen days, said books shall be closed, and it shall then be the duty of said mayor and council to purge said list of registered voters, and to strike therefrom all names that would not be qualified to vote for State and county officers; provided, no name shall be stricken from said list until after said mayor and council have given said voter one day's notice of the time and place of hearing any objections to his right to vote; provided, said voter can be so served in said school district. Said mayor and council shall make out and

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certify and furnish to the election managers a correct list of the qualified voters of the said Sylvania school district on or before the day for said election; and only two-thirds of the qualified registered voters shall be required to ratify and put this Act in operation; and the said registration list shall be a guide as to who are qualified to vote at said election. Election for public schools. SEC. 12. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisious of this Act be, and the same are, hereby repealed. Approved December 18, 1902. TENNILLE SCHOOL DISTRICT, PUBLIC SCHOOL SYSTEM FOR. No. 6. An Act to incorporate the Tennille school district in Washington county Georgia; to define the boundaries of the same; to regulate the management of schools in said Tennille school district; to provide a revenue for the schools therein; to provide a board of education 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 Tennille school district, incorporated under and by virtue of this Act, shall be vested in Iverson Lord, James D. Franklin, John C. Harmon, Thomas N. Smith, Tristian T. Holloman, James W. Smith, Joseph R. Burdett, Charles V. Smith, Joshua T. Walker, Charles E. Daniel, Jasper A. Parker and their successors in office, who are hereby constituted a body corporate under the name and style of the board of education of Tennille, and by that name and style shall have perpetual succession, shall have and use a common seal, and shall have power to have, hold, receive, enjoy, possess and retain to them and their successors in office, for school purposes, by gift, endowment, purchase or otherwise, any estate or estates of real and personal property of whatsoever nature or description within the jurisdictional limits of said school district, and shall by said name be capable of suing and being sued, impleading and being impleaded, in any court of law or equity in this State. They shall further have power

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and authority to sell, alienate and convey any school property, real or personal, whenever the school interest of said school district may, in their discretion, be advanced thereby, and to use the funds arising therefrom, by reinvesting or otherwise appropriating said funds for school purposes. Tennille school district incorporated. Board of education. SEC. 2. Be it further enacted, That the corporate limits of said Tennille school district shall be as follows: On the public road leading from Tennille to Sandersville, the district line between the ninety-seventh and fourteen hundred and eighty-eighth G. M. districts, and a radius of two miles from the school building in the city of Tennille, known as Tennille Institute, in every other direction. Corporate limits. SEC. 3. Be it further enacted, That whenever said board of education of Tennille, by death, resignation, removal from office or removal from the school district, shall have been reduced to seven members, that said seven members and their successors shall constitute the corporate body of the board of education of Tennille, and thereafter, when a vacancy shall occur, the remaining members of said board shall fill the same from among the citizens of said school district (who alone are eligible to hold the office of a member of said board of education), and the majority of the whole board shall constitute a quorum and decide all questions and elections. Vacancies on board. SEC. 4. Be it further enacted, That any citizen of said district who is a property holder in said district shall be eligible to membership on said board of education. Eligibility to membership. SEC. 5. Be it further enacted, That the board of education of Tennille shall, at its first meeting after the passage of this Act, elect one of its own members to be president of said board, who shall serve during the term for which he was chosen. They shall also elect a secretary and treasurer for such term as may be fixed by the board, but no member other than the secretary and treasurer shall receive any compensation as such for their services. Officers of board. SEC. 6. Be it further enacted, That the board of education of Tennille shall have full and complete control of the schools in said district; may in their discretion employ a superintendent of schools, teachers and other employees and fix their compensation, and they shall have full power to remove any or all employees whenever, in their discretion, they shall deem it to be to the interest of the school to do so. They shall also have full power to fix the rate of tuition and regulate entrance fees, and collect the same, and regulate the tems of the school. Powers of board. SEC. 7. Be it further enacted, That said board of education

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shall have full power and authority to make by-laws for the government of their own body and rules and regulations for the government of the schools. They shall also have power and authority to enforce same. SEC. 8. Be it further enacted, That the county school commissioner of Washington county shall from time to time pay over to the secretary and treasurer of the board of education of Tennille, such amounts as may be appropriated to the schools of said Tennille school district, out of the public fund by the board of education of Washington county; also the pro rata share of the school fund of Washington county for all children of, or within school age, who are residents of said county, and not residents of said school district, but who attend the schools of said school district. Public school fund, pro rata share. SEC. 9. Be it further enacted, That the schools of said school district shall be controlled by the board of education of Tennille, and not by the county board, except in so far as to report to said board of education of Washington county the average attendance of pupils in said schools; provided, however, should sections eleven, twelve and thirteen of this Act be ratified, then said reports shall be made direct to the State school commissioner. Control of schools. SEC. 10. Be it further enacted, That any member of said board of education shall for malfeasance be removed from office by a majority vote of said board of education. Members of board removable. SEC. 11. Be it likewise enacted, That said board of education of Tennille shall have full power and authority to levy and collect a tax on all real and personal property within the limits of said Tennille school district for school purposes, to defray the expenses of the management of schools in said school district, to pay all or any part of the expense of carrying on schools, caring for and preserving school property, and incidental expenses, but the rate of taxation shall never exceed one-half of one per centum. School tax. SEC. 12. Be it likewise enacted, That said board of education shall be empowered and directed to appoint three discreet citizens of said school district as tax-assessors, who shall assess the valuation of all property in said district for taxation: That said assessors shall have free access to the State, county and municipal tax books, and shall at their discretion use said tax books and returns, or any part thereof that they may deem best in making the assessments for said district, and said assessors shall also have full power and authority to compel any citizen of this State to testify under oath as to any property in

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said district, whether it be his or her property, or that of another, and should any party refuse to testify, the said party shall be punished as provided for similar cases before justices of the peace. Said board of education shall have power and authority to fix the time and manner of the payment of said taxes. Tax assessors. SEC. 13. Be it likewise enacted, That should any person or persons fail to pay said taxes at the required time, then the secretary and treasurer, at the discretion of the board, shall issue a tax fi. fa. against such delinquent taxpayer or taxpayers, by any officer authorized to levy and collect State and county tax fi. fas. and proceed in the same manner to sell and collect the same. Said tax fi. fas. shall be a superior lien on the property of the delinquent taxpayer, except for State and county taxes. Tax fi. fas. SEC. 14. Be it further enacted, That sections eleven, twelve and thirteen of this Act shall not become operative until ratified by a majority of the votes cast at any election to be held in said school district, under and by virtue of this Act. Election for ratification. SEC. 15. Be it further enacted, That the board of education of Tennille is hereby empowered from time to time, in their discretion, to order an election to be held for the purpose of submitting the ratification or rejection of sections eleven, twelve and thirteen of this Act to the qualified voters of said school district, until the same shall have been ratified; provided, however, no subsequent election shall be held within less than six months of a previous election held for this purpose. Said election shall be held at the usual voting precinct in the fourteen hundred and eighty-eighth district, and according to the requirements of the laws of this State for members of the General Assembly. Election, when held. SEC. 16. Be it further enacted, That the questions submitted at said elections shall be For Taxation or Against Taxation. The result of said election shall be declared by a certificate of the managers of said election. If a majority shall vote For Taxation, the foregoing sections shall be declared ratified and of force; otherwise, if a majority shall vote Against taxation, twenty days' notice of the calling of such election shall be given by publication in some public gazette in the county of Washington. How held. SEC. 17. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed in so far as they may conflict. Approved November 19, 1902.

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VEGA SCHOOL DISTRICT, PUBLIC SCHOOL SYSTEM FOR. No. 77. An Act to incorporate the Vega school district of Pike county, to define the boundaries of the same, to regulate the management of the schools in said district, to provide revenue 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, That from and after the passage of this Act, the management and control of all schools in Vega district be vested in five men, who shall constitute a board of trustees of the Vega school district, and by that name and style shall have perpetual succession, a common seal, and shall have power to purchase, have, hold, reserve, 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 or being sued in any court of law or equity. Vega school district incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said school district shall be as follows: Commencing at the militia district line between Piedmont and Meansville district, where said line crosses Potato creek, and running west along said district line to lot of land No. 118, then north to north line of said lot, then along said north line to lot No. 151, and to include forty-five acres off the south side of said lot 151, then south to the northeast corner of lot No. 171, then running west to district line between Meansville and Eppinger district, then running south along said district line to south line of lot No. 207, then running east to northeast corner lot No. 176, then south to Upson county line, then running east along said county line to Potato creek, then along west bank of said creek to original starting point. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That T. Z. Jones, A. G. Harp, T. M. Allen, H. A. Graham, T. L. Bussey, shall be, and are, hereby constituted the board of trustees to carry into effect the provisions of this Act until the regular election of members of said board, which election shall

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take place on the first Monday in January in each year. The term of one of the trustees shall be for one year from the time of election, one for two years, one for three years, one for four years and one for five years. Their successors in office shall serve for a term of five years each, 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 board. 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 compensation; to provide schoolhouses by renting, building, purchasing or otherwise; to make and hold titles to such property; to make such rules and regulations for the government of themselves and said schools as 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 district not in conflict with the provisions of this Act or the laws of this State. Powers of board. SEC. 6. Be it further enacted by the authority aforesaid, That there shall be established and maintained for not less than six nor more than ten scholastic months in each year, under the provisions of this Act, one and only one school for white children, one and only one school for colored children. No white children shall be admitted into the school established for colored children. No colored children 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 the payment of such admittance fees only as the board of trustees shall deem necessary, children of non-residents and such others as may not be entitled to benefit 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. Scholastio term. Separate schools, for white and colored. Entrance fee. SEC. 7. Be it further enacted by the authority aforesaid,

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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 said board may provide, not in conflict with the rules and regulations of the county board of education, the portion of the public school fund of said county to which the schools established under this Act for said district may be entitled under the rules of distribution under which the county board of education of Pike county assigns to the schools their pro rata share of the public school fund. Public school fund, pro rata share. 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 school for the scholastic year; and said board shall, through their office, be required to levy and collect a tax of not more than one and one-half tenths of one per cent. on all the taxable property in said district, said tax to be paid on or before the fifteenth day of October of each year, said tax to be collected under the same laws that govern the collection of State and county taxes; and said taxes 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 other funds that may be placed in their 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 school. School 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 school, grant any licenses to, or contract with any other person to teach a school of any character in said district, nor shall any of the State school fund be paid to any school in said district other than the school herein provided for. Other schools. 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 sales shall be reinvested in other property to be used for school purposes. School property, sale of. SEC. 11. Be it further enacted by the authority aforesaid, That before this Act shall become operative its adoption shall be submitted to the legal qualified voters of said district,

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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 governing election for county officers in Pike county, 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 written or printed on their ballots Against legal taxation for public schools, and if a majority of the legal qualified voters in said district at said election be for legal taxation for public schools, then this Act is to 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 every six months thereafter until public schools are adopted. Election for schools 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 accompany their report with the treasurer's report of a full and itemized statement of all moneys received and expended by said board. Reports of board. SEC. 13. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved December 10, 1902.

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WAYNESBORO, PUBLIC SCHOOL SYSTEM FOR, ESTABLISHED. No. 172. An Act to incorporate the Waynesboro Academy, in the city of Waynesboro, for the election of a board of trustees and the perpetuation thereof, and to define their powers and duties, constituting a system of public schools in and for said city of Waynesboro, Burke county, Georgia; to empower the mayor and council of said city to assess, levy and collect a tax, and apply funds in the city treasury, not otherwise appropriated, for the support and maintenance of said schools, and repair and add to the school property; to require the pro rata share of said city in the State and county school fund to be turned over to said board of trustees, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, the corporate authorities of the city of Waynesboro having so recommended, That there shall be established in the city of Waynesboro, Burke county, Georgia, a system of public schools, to be conducted and maintained as hereinafter provided, under the corporate name and style of the Waynesboro Academy. Waynesboro Academy incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the Waynesboro Academy shall consist of two divisions under the same general management, one to be known as the White Division and the other as the Colored Division of said academy, for the education of white and colored children of said city in separate schools. White and colored divisions. SEC. 3. Be it further enacted, That W. E. Jones, Simeon Bell, P. L. Corker, R. C. Neely, Phil. P. Johnston and Thomas Quinney be, and they are, hereby created a board of education for said city of Waynesboro, their term of office to begin on the first Monday in April after the passage and ratification of this Act. They shall hold their offices until their successors are elected and qualified. They shall settle by lot their respective terms of office, which shall be for one, two, three, four, five and six years, so that there shall be but one member of said board to be regularly elected each year, which election shall be by the mayor and council of said city at their regular meeting next preceding the first Monday in April, and such

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election shall be for a term of six years. At the same time said mayor and council shall fill all vacancies on said board on account of unexpired terms. In the meantime, all vacancies on said board shall be filled temporarily by the remaining members of said board; provided, however, that should the vacancies at any time reduce the membership of said board below a quorum, then such vacancies shall be filled by the mayor and council of said city at their regular meeting. None but qualified voters of said city, who have resided within the corporate limits for twelve months next preceding their election, shall be eligible to membership upon said board. Four members of said board shall constitute a quorum for the transaction of all business. Before entering upon the duties of his office each member of said board shall take and subscribe an oath in writing, to be spread upon the minutes of the board, to faithfully perform the duties of his office. Board of education. SEC. 4. Be it further enacted, That upon the qualification of said board of education, they shall organize by the election of a president, vice-president and secretary, which latter officer shall also be treasurer, and be entitled to such compensation as the board may determine. All other officers of said board to serve without compensation. Said board may also elect such other officers as they may deem best. Officers of board. SEC. 5. Be it further enacted, That the board, when so organized, shall be and are hereby invested with all power necessary to the complete management, control and operation of the public schools of said city, not inconsistent with the provisions of this Act or the Constitution and laws of the State. To that end they are authorized to adopt such by-laws, rules and regulations incident to the operation of the schools under their management, or to be established under the provisions of this Act, as to them shall seem meet and proper. They shall fix the scholastic term of each school in the system, according as the conditions and circumstances of each may require, but in no event shall the scholastic term of any such school be less than six or more than nine months or for a less time than provided by the public school laws of this State. They are also empowered with the authority to prescribe the curriculum of said schools, and to select the text-books and books of reference to be used therein. Said board shall have the authority to employ principals and teachers for said schools, and any other necessary help for the successful operation of said schools; the right to suspend or remove teachers whenever, in the discretion of the board, they may deem such action to be for the best interest

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of said schools, and their action in so doing shall be conclusive in all cases, and not subject to review by any body or court; also the power and authority to fix compensation of principals and teachers of said schools and to pay the same. Said board shall have authority to exclude from said schools, for such time as the board may deem prudent and safe, any child who has been exposed to or is liable to contract any infectious, epidemic or contagious disease. Powers of board. SEC. 6. Be it further enacted, That said board of education shall cause minutes to be made and kept of all their acts and doings. Shall keep, or cause to be kept, a just and true account of all money and property received by said board, or paid out by them, showing from whom received, and to whom and for what purpose paid, and render an itemized statement of such receipts and expenditures annually to the mayor and council of said city, at their regular meeting next preceding the first Monday in April, and at such other times as the mayor and council may require. The minutes of said board shall be open to inspection at any time by citizens or city officials interested in the schools. Records and books of board. SEC. 7. Be it further enacted, That on or before the regular meeting of the mayor and council next preceding the first Monday in April in each year, said board of education shall submit to the mayor and council an estimate of the funds necessary to the successful operation of said schools for the ensuing scholastic year, taking into consideration the estimated pro rata share of said city in the State and county school fund and anticipated receipts from other sources which they may deem worthy of estimating; whereupon it shall be the duty of said mayor and council to proceed to raise such fund by the assessment and levy of an annual ad valorem tax upon all of the taxable property of said city, not to exceed two tenths of one per cent. upon the assessed value thereof; and by any other method of raising a revenue authorized by the charter of the city or the laws enacted amendatory or in pursuance thereof, or not in conflict with the laws of this State; and from funds in the city treasury, or belonging to the city, not otherwise appropriatedthat is to say, by any or all of these means as they, by ordinance, from time to time, may determine. The board of education shall also submit to said mayor and council, from time to time, as the exigencies of the case may require, an estimate of funds necessary for repair, improvement, addition to, or building of schoolhouses, operated or to be operated under this Act, and the purchase of apparatus, scientific or otherwise,

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furniture, etc., for said schools, and the mayor and council are authorized, should their judgment approve, to raise such fund in the manner and by the means above provided. The treasurer of said city shall pay over to the treasurer of said board of education all funds so raised, who shall pay out the same only upon order of the board of education. School tax SEC. 8. Be it further enacted, That said board of education are authorized to expend said fund or funds for the purpose intended, and to enter into contracts upon the faith thereof; to purchase material, supplies, furniture, let work to contractors, employ laborers, and do all matters not inconsistent with the general scope and authority of this Act. Disbursements of board. SEC. 9. Be it further enacted, That the board of education of the county of Burke, or the school commissioner of said county, shall not establish or maintain any other school within the corporate limits of the city of Waynesboro, but the proper authority shall pay over to said board of education the pro rata share of the State and county school fund to which said city of Waynesboro is entitled, according to the number of children of school age residing within the limits of said city, increased by the number of children of school age residing without the corporate limits who attend said schools, and by such other allowance as may be made to said system. The amount to be paid shall be paid at such time 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 Waynesboro. Public school fund, pro rata share. SEC. 10. Be it further enacted, That it shall be lawful for the county school commissioner of Burke county to make contracts with the board of eduation of said city to teach pupils of school age who may enter said schools who reside in the county of Burke and outside the corporate limits of the city of Waynesboro, and to pay the same out of their portion of the county school fund of the State awarded to the county of Burke, in like manner as teachers in the common schools of the county are paid. Non-resident pupils. SEC. 11. Be it further enacted, That the principal of the white department of the Waynesboro academy shall be the superintendent of the public schools of Waynesboro; the salary paid him as principal to cover the services as superintendent. Superintendent. SEC. 12. Be it further enacted, That the schools provided for under this Act shall be free to all children between the years of school age whose parents, guardians or person having the

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management and control of them are bona fide residents of the city and subject to taxation by the city government at the time of entrance; that is to say, the white department of said academy shall be free to the white children, and the colored department free to the colored children; provided, however, that the board of education may require such incidental fees, matriculation fees or tuition as may not be in conflict with the laws of this State. Children of non-residents may be admitted into said schools upon such terms as to matriculation fees, incidental fees and tuition as the board of education may prescribe, as may also persons under or above school age. Said board being authorized to make exceptions or allowance as to those who from poverty may be unable to pay the sum required; provided, however, that no person shall receive the benefit of said schools who fails or refuses to pay all taxes assessed against him or her by the corporate authorities of said city, and which he or she is liable for. Entrance fee. Tuition. SEC. 13. Be it further enacted, That the board of education provided for as aforesaid, and their successors in office, shall, by virtue of their office, constitute a board of trustees for the Waynesboro Academy, under which name and style they are hereby incorporated, with the right to sue and be sued, to plead and be impleaded; to acquire and hold property, both real and personal, in trust for the city of Waynesboro for educational purposes, and exercise such other corporate powers as are not inconsistent with the general scope and powers of this Act. All property, both real and personal, which may be held and owned by the city of Waynesboro for educational purposes, or by the present board of trustees (who are the same parties in this Act named), elected under the provisions of an Act of the Legislature approved December 11, 1893, for the purpose of building and furnishing academies for said city, shall, immediately upon this Act going into effect, pass to and vest in said trustees and their successors in office, under this Act, and to their exclusive management and control, in trust for the uses aforesaid. They are also authorized and empowered to receive and hold for the purposes aforesaid, gifts, donations or bequests made to said academy as a whole, or to any particular branch or branches thereof, and apply the same as the donor may direct. Powers of board. SEC. 14. Be it further enacted by the authority aforesaid, That before the foregoing provisions of this Act become operative, its adoption shall be submitted to the qualified voters of said city, for which purpose the mayor and council of said city

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are hereby authorized, as soon after the passage of this Act as they shall deem expedient, to order an election to be held in said city, at the usual voting place, at such time as the said mayor and council shall by ordinance name, for the purpose of determining whether the provisions of this Act providing for the establishment and support of said system of public schools by local taxation, shall become operative and effective. All persons resident in said city who are qualified to vote for mayor and councilmen thereof, and who shall have been specially registered for such election (which registration the mayor and council are authorized to provide), shall be entitled to vote at any election ordered and held under the provisions of this Act. All persons who favor the adoption of the provisions of this Act shall have printed or written on their ballots the words 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 of said city shall vote in said election for public schools, then said system of public schools shall be established and maintained as in this Act provided. Notice of said election shall be given by the clerk of council in a newspaper published in said city once a week for four weeks immediately preceding said election. The returns of the election shall be made and the result declared as in elections in said city for mayor and councilmen. The managers of said election shall be provided in the same manner, and the rules and regulations governing the election shall be the same, as in elections for mayor and councilmen, where not inconsistent with the provisions of this Act. In case of contest, notice of the same shall be given to the mayor and council within three days after the result of the election shall have been declared, and the 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 allowed. In case two-thirds of the qualified voters of said city do not vote For public schools in any election held under this Act, an election may be held by order of the mayor and council annually hereunder until the provisions of this Act are adopted by the necessary two-thirds vote For public schools. Election for school. SEC. 15. Be it further enacted, That in the meantime, and until the adoption of the foregoing provisions of this Act, the county school commissioner of the county of Burke shall pay over to the trustees of the academies or schoolhouses constructed under the Act aforesaid, approved December 11, 1893, the pro rata share in the State and county school fund of the

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children of said county residing within the corporate limits of the city of Waynesboro, as well as any other portion of the public school fund to which said schools may be entitled by reason of the attendance thereon of children of said county and State not residing within the corporate limits of the city of Waynesboro, as well as any other part of the public school fund that the county board of education may award to said schools. Public school fund, pro rata share. SEC. 16. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902. YOUNG'S TAN-YARD SCHOOL DISTRICT, PUBLIC SCHOOL SYSTEM FOR. No. 175. An Act to incorporate and create the Young's Tan-yard school district in the second district of Coweta county, Georgia; to define the boundaries of same; to regulate the management of schools in said district; to provide for revenues for said schools; to provide for the election of five trustees for the said schools; and to confer on them certain powers, 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 management and control of all schools in said Young's Tan-yard school district shall be vested in five trustees, are hereby constituted a body corporate under the name and style of trustees of Young's Tan-yard 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, 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. Young's Tan-yard school district incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said district shall extend and be as follows: Begin at the southwest corner of lot of land No. 227 in

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the original second district of Coweta county, thence north along land line to the northwest corner of lot No. 131 in said district; thence east along land lines to the northeast corner of lot No. 43, in the original first now second district of said Coweta county; thence south along land lines to southeast corner of lot No. 37 in the said first district of said county; thence west along land lines to beginning point, comprising and embracing lots of land Nos. 129, 130, 131, 158, 159, 160, 161, 162, 163, 190, 191, 192, 193, 194, 195, 222, 223, 224, 225, 226 and 227, in the original second district, and lots No. 3, 4, 5, 6, 7, 8, 9, 26, 27, 28, 29, 30, 31, 32, 37, 38, 39, 40, 41, 42 and 43, in the original first district of Coweta county. Corporate limits. SEC. 3. Be it enacted by the aforesaid, That an election shall be held on the 2d day of August, 1903, and on the same day of each alternate year thereafter, for five trustees to serve two years and until their successors are elected and qualified. All citizens who are qualified to vote for members of the General Assembly, and who have resided in said district for a period of thirty days next preceding the day of the election shall be qualified to vote. Trustees, election of. SEC. 4. Be it further enacted, That the said election shall be held under the supervision of any three freeholders of said school district. But if no election is held on the day specified, then any citizen of said district may post a call for an election in three prominent places within the corporate limits of said district for at least thirty days, stating day of said called election, on which day an election shall be held as above provided for. How held. SEC. 5. Be it further enacted, That any citizen of said district shall be eligible to election to the office of trustee who is entitled to vote in said district. Eligibility to trusteeship. SEC. 6. Be it further enacted, That the five citizens who are eligible to the office of trustee, who shall receive respectively the highest number of votes, shall be declared by the managers duly elected, and the persons thus elected shall attend the usual place of meeting within five days 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 of trustees. SEC. 7. Be it further enacted, That the said trustees shall elect a chairman for their body, and a secretary and treasurer who may be either from their body or any citizen of the district. But no trustee other than the secretary and treasurer shall receive any compensation for their services. Officers of trustees.

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SEC. 8. Be it further enacted, That the trustees of Young's Tan-yard district shall have full control of all schools in said district, and full authority 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 schools, and 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, and shall have full power to provide the necessary schoolhouses and school furniture and fix the location of the schools, but they shall maintain separate schools for white and colored children. Powers of trustees. SEC. 9. Be it further enacted, 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 for this purpose they have authority to appoint such as may be necessary for this purpose. They shall report the same to the State school commissioner, who shall pay to the secretary and treasurer of the board of trustees of said school district each year the pro rata part of the public school fund according to said school population in the same manner as is now paid to county school boards or county school commissioners. Public school fund, pro rata share. SEC. 10. Be it further enacted, That whenever one-third of the qualified voters in said school district shall present a petition to said board of trustees requesting an election to be held for the purpose of suspending the operation of this Act, then said board of trustees shall within ten days thereafter call an election for that purpose, giving thirty days' notice thereof, and if a majority of persons voting in said election shall vote to suspend this Act it shall stand suspended. Those persons who desire the Act suspended shall have written or printed on their ballots For Suspension, and those persons who do not so desire shall have written or printed on their ballots Against Suspension; said election shall be held by any three freeholders of the district. In all elections held under the provisions of this Act the managers shall take and subscribe an oath to faithfully and impartially conduct the election, and duplicate lists of voters and tally-sheets shall be kept. The result of said election shall be declared by the managers, and the papers connected therewith shall be filed with the board of trustees. If such election should fail, then another can be held after the expiration of two years. Suspension of schools, election for.

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SEC. 11. Be it further enacted, That laws and parts of laws in conflict with this Act are hereby repealed. Approved December 17, 1902. ZEBULON SCHOOL DISTRICT, PUBLIC SCHOOL SYSTEM FOR. No. 205. An Act to create Zebulon school district in Pike county; to provide for maintenance of schools in said district; to define boundaries of said district, 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 Zebulon district be vested in seven (7) men, who shall constitute a board of trustees of the Zebulon school district, and by that name and style shall have perpetual succession, a common seal, and shall have power to purchase, have, hold, receive, enjoy, possess and retain to them and their successors in office, for school purposes, any estate, real or personal, of whatever kind or name, within the jurisdictional limits of said district (as described hereafter in this Act), and shall, by said name, be capable of suing and being sued in any court of law or equity in this State. Zebulon school district incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said school district shall include and extend to the outward bounds of lots Nos. 196, 221, 228, 253, 13, 12, 252, 229, 220, 197, 219, 230, 231, 251, 193, 20, 21, 256, 225, 224, 194, 223, 226, 255, 15, 17, 16, 18, 19, 14, 254, 227, 222, 195, 190, in the 8th and 9th districts of said county of Pike, making a district of thirty-five lots (35), with the center in the town of Zebulon, Georgia. Corporate limits. SEC. 3. Be it enacted by the authority aforesaid, That J. M. Head, J. B. Mathews, R. Y. Beckham, J. M. Slade, J. T. Baker, John H. Milner, J. J. Howard, 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,

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one for three years, one for four years, one for years, one for six years, one for seven years. Their successors in office shall serve for a term of seven 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 board. 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 compensation, to provide schoolhouses by rent, building, purchase or otherwise, to make and hold titles to such property, and to make such rules and regulations for the government of themselves and said schools as they may deem proper and not in conflict with the laws of this State, and to do any and all things promotive of the best educational interest of said districts, not in conflict with the provisions of this Act or the laws of this State. Powers of board. 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 for colored children. All children entitled to the benefits of public schools under the laws of this State, and whose parents, guardians or natural protectors bona fide reside within the corporate limits of said district, shall be admitted into the aforesaid schools upon payment of such admittance fee only as the board of trustees may deem necessary. Children of non-residents, and such others as, may not be entitled to the benefits of these schools shall be admitted upon such terms as may be prescribed by the board of trustees, not in conflict with the laws of this State. Scholastic term. 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 said board may provide, not in

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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. Public school fund, pro rata share. SEC. 8. Be it further enacted by the authority aforesaid, That as early as is practicable after the ratification of this Act, 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 school for the scholastic year, and said board shall, through their officers, be required to levy and collect the same, provided said amount does not exceed three fourths ([frac34]) of one per cent. of the taxable property of said district, in the same manner as other taxes of said town of Zebulon, 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 that may be placed in his hands for that purpose, shall constitute a fund to be expended only by order of the board of trustees in defraying the expenses necessary for carrying on said schools. School tax. SEC. 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 of the schools in said district other than the schools herein provided for. Control of schools. 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 funds derived from such sale shall be reinvested in other property to be used for school purposes. School property. SEC. 11. Be it enacted by the authority aforesaid, That before this Act shall become operative, its adoption shall be submitted to the legally qualified voters of said district, for which purpose the board of trustees shall order an election, of which ten days' notice shall be given by posting in three conspicuous places in said district, which election shall be held under the same rules and regulations as other elections, and the legally qualified voters only of said school district will be allowed to vote in said ratification. At said election those favoring public

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schools shall have printed or written on their ballots For Local Taxation for Public Schools, and those opposed to public schools shall have printed or written on their ballots Against Local Taxation for Public Schools, and if two thirds of the qualified voters of said district in said election be for local taxation for public schools, this Act shall become operative. Should the result of the election herein provided for be against public schools, the board of trustees of said district may order other elections once every six months thereafter until public schools are adopted. Election for school. 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 this report with the treasurer's report of a full and itemized statement of all moneys received and expended by said board. Board reports. SEC. 13. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved December 18, 1902.

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

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TITLE I. MUNICIPAL CORPORATIONS. ACTS. Albany, corporate limits extended. Americus, charter amended. Athens, Act establishing dispensary amended. Atlanta, bonds for sewage and water-works. Atwater, town of, incorporated. Augusta, charter amended. Augusta, board of police commissioners, Act creating amended. Bethlehem, town of, incorporated. Blakely, corporate limits extended. Boston, town of, charter amended. Bostwick, town of, incorporated. Bowden, town of, corporate limits extended. Buchanan, city of, incorporated. Canon, town of, incorporated. Carrollton, corporate limits extended. Camilla, Act authorizing dispensary repealed. Cedartown, charter amended. Chester, town of, incorporated. Columbus, water-works for. Columbus, charter amended. Colquitt, dispensary for, established. Cordele, charter amended. Dalton, charter amended. Dawson, salary of mayor. Deepstep, town of, charter amended. Doerun, town of, charter amended. Dudley, town of, incorporated. East Point, town of, charter amended. Edgewood, city of, new charter for. Edison, town of, incorporated. Fayetteville, city of, charter for. Finleyson, town of, incorporated. Forsyth, charter amended. Grayson, town of, incorporated. Hamilton, charter amended.

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Harrison, town of, charter amended. Hawkinsville, new charter for. Hazlehurst, town of, charter amended. Jonesboro, town of, charter amended. LaGrange, Act establishing dispensary amended. Louisville, charter amended. Lumpkin, town of, new charter for. McRae, town of, made city. Merrillville, town of, incorporated. Midville, town of, corporate limits extended. Milledgeville, dispensary for, established. Milledgeville, charter amended. Morganton, town of, incorporated. Newton, town of, charter amended. Norman Park, town of, incorporated. Oakland, town of, charter amended. Ocilla, town of, charter repealed. Ocilla, city of, incorporated. Ocilla, dispensary for, established. Pineview, town of, incorporated. Richland, town of, new charter for. Rome, limits of Myrtle Hill cemetery extended. Rome, charter amended. Russell, city of, incorporated. Sandersville, new charter for. Sasser, town of, charter amended. Savannah, Act creating police court amended. Soperton, town of, incorporated. Statesboro, town of, charter repealed. Statesboro, city of, incorporated. Statham, town of, incorporated. Statham, town of, charter repealed. Summerville, village of, cemeteries for. Summerville, village of, bonds for water-works. Sylvania, city of, incorporated. Sylvester, town of, charter amended. Temple, town of, charter amended. Tennille, corporate limits extended. Thomasville, charter amended. Tifton, charter repealed. Tifton, city of, incorporated. Tybee, conveyance by, to United States. Valdosta, charter amended. Vidalia, city of, incorporated. Warsaw, town of, new charter for. Washington, dispensary for, abolished. Washington, sale of real estate. Waynesboro, charter amended.

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ALBANY, CORPORATE LIMITS EXTENDED. No. 44. An Act to change and extend the corporate limits of the city of Albany, Georgia, by the incorporation of contiguous territory, 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 corporate limits of the city of Albany, Georgia, shall be changed and extended so as to include the following described contiguous territory, which shall, when incorporated, be in every manner subject to the jurisdiction and laws of the city of Albany, Georgia: Part of lot number three hundred and twenty-five (325) in the first district of Dougherty county, Georgia, beginning at the northeast corner of Jefferson and Society streets and running thence north two hundred and ten feet (210), thence east two hundred and ten feet (210) to Tift's line, thence south two hundred and ten feet (210) to Society street, thence west on Society street two hundred and ten feet (210) to the starting point, same being better known as the Cutliff home place; also a part of lot number twenty-one (21) on the north side of Society street, beginning at a point on the north line of said street one hundred and five feet east from the northeast corner of Jackson and Society streets, thence north two hundred feet (200), thence east one hundred and five feet (105), thence south two hundred feet (200), thence west one hundred and five feet (105) to starting point. Albany, corporate limits. SEC. 2. All laws and parts of laws in conflict with the above and foregoing be, and the same are, hereby repealed. Approved December 6, 1902.

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AMERICUS, CHARTER AMENDED. No. 91. An Act to amend section 45 of the charter of the city of Americus, approved November 11, 1899, so as to make the police commissioners of Americus elected by the people, to change the number of said commissioners from five to four, and to make the mayor of Americus a member of the board of commissioners and the chairman thereof, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act section 45 of the charter of the city of Americus be amended by beginning at the word within in the third line of said section, and striking out all of said section down through the word qualified in the nineteenth line of said section and inserting in lieu thereof the following: one of whom shall be the mayor of Americus, who shall be an ex officio member of said board and chairman thereof. The other four shall be resident citizens of Americus, and shall be elected by the qualified voters of said city, at the same time and under the same provisions as the other city officers are elected. All four of said commissioners shall be elected at the first annual election after the passage of this Act, the two commissioners receiving the highest number of votes to be elected for a term of four years, and the two receiving the next highest number of votes to be elected for a term of two years, and each succeeding two years thereafter. At the regular city election an election will be held for the term of four years to succeed the commissioners whose terms may then expire. Should a vacancy occur in the board from any cause other than the expiration of the regular term an election to fill said vacancy shall be held by the mayor and city council of Americus, and such incumbent shall hold until the unexpired term shall expire and his successor is elected and qualified; so that when said section is amended it will read as follows: Americus. Police commissioners. SEC. 2. Be it further enacted, That there shall be a board of police commissioners consisting of five persons, one of whom shall be the mayor of Americus, who shall be an ex officio member of said board and chairman thereof. The other four shall be resident citizens of Americus, and shall be elected by the qualified voters of said city at the same time and under the same provisions as the city officers are elected. All four of said commissioners shall be elected at the first annual election after the passage of this Act.

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The two commissioners receiving the highest number of votes be elected for a term of four years, and the two receiving the next highest number of votes be elected for a term of two years, and each succeeding two years thereafter, at the regular city election, an election will be held for the term of four years to succeed the commissioners whose terms may then expire. Should a vacancy occur in the board from any cause other than the expiration of the regular term, an election to fill said vacancy shall be held by the mayor and city council of Americus, and such incumbent shall hold until the unexpired term shall expire and his successor is elected and qualified. Each regular term shall begin at the date of the election and close as hereinbefore declared and until a successor is elected and qualified. Each member of the board, before entering on the duties of his office, shall take and subscribe this oath of office before some officer authorized to administer it: I swear that I will faithfully and impartially demean myself as a commissioner of police during my continuance in office. I have not, in order to influence my election to this office of commissioner, directly or indirectly expressed or impliedly promised my vote or support to any person for any office in the city of Americus, nor for any other office. I will not knowingly permit my vote in the election or appointment of any person to position on the police force to be influenced by fear, favor, affection, reward or the hope thereof, but in all things pertaining to my said office I will be governed by my conviction of the public good. The oath shall be entered on the minutes of the proceedings of the board, and the original shall be filed in the office of the clerk of the city council. The board of police commissioners thus elected and qualified shall have the exclusive power, and it shall be their duty, to appoint a chief of police and such other police officers and policemen as is or may be prescribed by city ordinance. This power extends to unexpired as well as regular terms. They shall keep a record of their proceedings, and one of said board shall act as clerk thereof. They shall hold a stated meeting each month, and such other meetings as the public interest may from time to time require. Three shall constitute a quorum, with power to transact business. They shall exercise full discretion and control of the officers and members of the police force, in conformity to existing laws and ordinances and such as may be applicable to the subject. The police force of the city shall consist of a chief of police and such other officers and men as the city council shall by ordinance prescribe. They shall take an oath, faithfully and impartially to discharge the duties imposed upon them by law and the city ordinances, and shall give such bond as is required of them by the city ordinances. Their several terms of

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office shall commence on the first day of April and continue for two years. Their compensation shall be prescribed by ordinance, and shall not be increased or diminished during their respective terms. No extra pay or allowance or cost shall be made to them or either of them. It shall be their duty to make arrests, in the manner prescribed by law, of persons violating penal law of this State. They shall perform such other duties as may be imposed by law of the State or ordinances of the city council. It shall be the duty of the chief of police to prosecute offenders before the superior court of Sumter county and the county court of said county. For a failure to perform any duty required by law or the city ordinances, they may be suspended or removed from office by the board of police commissioners. The mode of preferring accusations against them and of their trials shall be prescribed by city ordinance. The city council shall also prescribe the manner of suspending until trial the chief of police or any other police officer or policeman when accusation is brought; and in all such cases the board of commissioners of police may make appointments to the office or place of the suspended person, such appointment to hold during the suspension. The mayor and general council shall cause the entire police force of the city to be armed and so uniformed as to be readily recognized by the public as peace officers, the arms only to be furnished at the expense of and to remain the property of the city. Mayor, chairman of police commissioners, other commissioners, election, etc. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 15, 1902.

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ATHENS, ACT ESTABLISHING DISPENSARY AMENDED. No. 206. An Act to amend an Act approved August 31, 1891, establishing a dispensary of liquors in Athens, Ga.; to provide for an election of the commissioners; that all purchases for the dispensary shall be made only by the commissioners, and all sales in the same shall be made only on the tickets furnished by the cashier appointed for that purpose; that the tickets and cash in said dispensary shall be checked over by the clerk of the city council each and every day that the dispensary may be opened, 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 1 of the Act approved August 31, 1891, establishing a dispensary of liquors in Athens, Ga., be amended by striking out of section 1, after the words in said section The successors to the commissioners first chosen shall hold their office for three years and shall be selected in the following manner, and write in lieu thereof the following: The successors to the present commissioners shall be elected by the mayor and council of the city of Athens. The commissioners shall hold their office until their successors are duly elected as above provided, so that said section, when amended, shall read as follows: Be it enacted by the General Assembly of the State of Georgia, That as soon as practicable after the passage of this Act the mayor and council of the city of Athens shall elect three citizens of said city who shall be known as dispensary commissioners, one to hold office for one year, one for two years and one for three years, or until their successors are elected as hereinafter provided. The successors to the present commissioners shall be elected by the mayor and council of the city of Athens, and each of the commissioners shall hold their office until their successors are duly elected; provided, however, that the mayor of the city of Athens and the chairman of the board of county commissioners for Clarke county shall always be ex officio members of said dispensary commission, with all the powers and privileges of the three commissioners elected by the mayor and council of the city of Athens, except that they shall serve without pay. Athens, dispensary commissioners, election of. SEC. 2. Be it further enacted, That section 3 of said Act be amended by striking out the following words: That the manager

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of the dispensary shall purchase and at all times keep under the supervision of the commissioners a stock of spirituous, vinous and malt liquors in such quantities as commissioners shall direct, and write in lieu thereof the following: That the purchase of all liquors, spirituous, malt and vinous, shall be made only by the board of commissioners, who shall determine in what quantities the liquors shall be kept, and all purchases of liquors by said board shall be at stated periods of which the public and those wishing to sell shall be given due notice. Dispensary stock, how bought and sold. Be it enacted that said section be further amended by striking out the last clause in said section, to wit: Beginning with the words said managers, and in lieu thereof substituting the following: Said manager shall sell only on tickets furnished by the cashier, and said cashier shall turn over all moneys received by him to the treasurer of the city of Athens each day, and said treasurer shall keep a separate account of the same, so that section, when amended, shall read as follows: Be it further enacted, That the purchase of all liquors, spirituous, malt and vinous, shall be made only by the board of commissioners, who shall determine in what quantities the liquors shall be kept. That all purchases of liquors by said board shall be at stated periods of which the public and those wishing to sell shall be given notice. Said manager shall sell only on tickets furnished by said cashier, and said cashier shall turn over all moneys received by him to the treasurer of the city of Athens each day, and said treasurer shall keep a separate account of the same. SEC. 3. Be it further enacted, That it shall be the duty of the commissioners to select some fit and proper person to fill the position of cashier in said dispensary, and that no sale shall be made in the dispensary except upon tickets furnished by said cashier, and that said cashier shall be required to give a bond of two thousand dollars, payable to the mayor and council of the city of Athens, for the faithful performance of his duty. And it shall be the duty of the clerk of the council to visit the dispensary each day the same is open and thoroughly check up the checks and cash, and report any discrepancies that may be found to the mayor and council at each succeeding meeting. Cashier for dispensary, accounts of. SEC. 4. Be it further enacted, That section 13 be amended by striking out the following: That the dispensary commissioners shall make an annual report to the mayor and council of the city of Athens, on or before the first day of February in each year, showing the receipts and expenses of the dispensary of the calendar year preceding and the amounts of the net profits of the dispensary if any, and inserting in lieu thereof the following: That the dispensary

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commissioners shall make a monthly report to the mayor and council of the city of Athens, giving a detailed statement of the business transacted for the previous month, and it shall be the duty of said commissioners to take an inventory of the stock on hand the first day of January and the first day of July of each year and furnish to the mayor and council of the city of Athens a balance sheet showing the exact status of the business and the net profits derived from the same. That said section shall be further amended by striking out the words such net profits, if any, and inserting in lieu thereof the following: and after the first day of January of each year the net profits derived from said dispensary during the whole year, so that section, when amended, shall read as follows: Be it further enacted, That the dispensary commissioners shall make a monthly report to the mayor and council of the city of Athens, giving a detailed statement of the business transacted for the previous month, and it shall be the duty of said commissioners to take an inventory of the stock on hand the first day of January and the first day of July of each year, and furnish to the mayor and council of the city of Athens a balance sheet showing the exact status of the business and net profits derived from the same. That on the first day of January of each year the net profits derived from said dispensary during the whole year shall be equitably divided between the city of Athens and the county of Clarke upon a plan to be agreed upon each year by the mayor of the city of Athens and the ordinary of the county of Clarke for the time being; and if they fail to agree said mayor shall select a citizen of said city, and the ordinary shall select a citizen of said county residing out of the city, and these two shall select a citizen of said county who may be either a resident or a non-resident of the city, and the three thus selected shall report in writing to the mayor and ordinary a plan of division of the net profits shown by the report of the dispensary commissioners between the city and county, and such plan shall be adopted and followed that year by the mayor and council. The part of the net profits awarded to the city at any time may be appropriated by the mayor and council to any purpose that they may lawfully appropriate money for; and the part awarded to the county of Clarke shall be paid 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. Monthly reports by commissioners. Annual profits, disposition of. SEC. 5. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1902.

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ATLANTA, BONDS FOR SEWAGE AND WATER-WORKS. No. 22. 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 the mayor and general council of said city shall be authorized to issue bonds to the amount of four hundred thousand ($400,000) dollars, from the proceeds of which the sewer system may be extended, and means provided for the disposal or purification of sewage matter, within or without the limits of the city; that the mayor and general council of said city shall be authorized to issue bonds to the amount of four hundred thousand ($400,000) dollars, for the extension and improvement of the system of water-works, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, That the Act establishing a new charter for the city of Atlanta, approved on the 28th of February, 1874, and the several Acts amendatory thereof be, and the same are, hereby amended as follows: SECTION 1. That the mayor and general council of said city be, and they are, hereby authorized in their discretion to issue and sell four hundred thousand ($400.000) dollars of bonds of said city, in denominations of one thousand ($1,000) dollars, running for thirty (30) years from the date of their issue, and to bear interest at the rate of three and one-half (3) per centum per annum. Principal and interest of said bonds shall be payable in gold coin of the United States of the present standard of weight and fineness; the interest to be payable semiannually, the principal to be paid at maturity of said bonds; provided, said bonds shall not be sold below par; provided, that the qualified voters of the city of Atlanta assent to the issue of said bonds at an election to be called by the mayor and general council at any time during the year 1903. In the event said bonds are issued, the mayor and general council of the city of Atlanta shall provide for the levy and collection of an annual tax during the life of said bonds, sufficient to raise a fund to pay the interest on said bonds semiannually during said period; and also to provide a sinking-fund to pay off the principal of said bonds at their maturity. The proceeds of the sale of

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said bonds, if issued and sold, shall be applied only to the extension of the present sewer system of said city and the establishment of means and plans for the disposal or purification of sewage matter, within or without the limits of said city, in connection with said system of sewers. Atlanta bonds for sewers. SEC. 2. That the mayor and general council of said city be, and they are, hereby authorized in their discretion to issue and sell four hundred thousand ($400,000) dollars of bonds of said city, in denominations of one thousand ($1,000) dollars, running for thirty (30) years from the date of their issue, and to bear interest at the rate of three and one-half (3) per centum. per annum. Principal and interest of said bonds shall be payable in gold coin of the United States of the present standard of weight and fineness; the interest to be payable semi-annually, the principal to be paid at maturity of said bonds; provided, said bonds shall not be sold below par; provided, that the qualified voters of the city of Atlanta assent to the issue of said bonds at an election to be called by the mayor and general council at any time during the year 1903. In the event said bonds are issued, the mayor and general council of the city of Atlanta shall provide for the levy and collection of an annual tax during the life of said bonds sufficient to raise a fund to pay the interest on said bonds semi-annually during said period; and also to provide a sinking-fund to pay off the principal of said bonds at their maturity. The proceeds of the sale of said bonds, if issued and sold, shall be applied only to the extension and equipment of the system of water-works belonging to said city. Bonds for water-works. SEC. 3. Be it further enacted by the authority aforesaid, That the deputy clerks of council, whether one or more are appointed upon the authority of the mayor and general council, shall have all the authority of the clerk of council, and are authorized to sign executions, licenses, and all other documents to which the signature of the clerk of council is necessary, using their own names but adding thereto the words deputy clerk of council. The signatures of the deputy clerks of council, when so signed, shall be recognized and given all the force and effect of the signature of the clerk of council. Deputy clerks of council, authority of. SEC. 4. Be it further enacted by the authority aforesaid, That the clerk of council of city of Atlanta shall have and use a common seal, whose form, device and color shall be fixed by ordinance passed by the mayor and general council. Seal of council. SEC. 5. Be it further enacted by the authority aforesaid, That the mayor and general council of the city of Atlanta be, and they are, hereby authorized, in their discretion, to lay and

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construct sewers, of whatever form, fashion and material, as in their judgment may be proper, safe and sanitary without the limits of the city of Atlanta, as well as and to as full an extent as now authorized within the limits of said city, and they are further authorized and empowered, in their discretion, to prepare, construct and operate plants, means, methods or whatever system in their discretion is best for the disposal of sewage matter, and said plants or systems or methods may be constructed and operated without the limits of the city of Atlanta, as well as within the limits of said city, in the discretion of the mayor and general council. Power and authority is vested in the mayor and general council of said city to condemn lands, leases and all other interest in real estate, whereby possession and title to land, and as much thereof as may be necessary, may be procured by said city for the construction of sewers, as above provided, as well as plants, means or methods for the disposal of sewage matter, all as above provided, without the limits of the city of Atlanta, in whatever direction and to whatever extent it may be deemed necessary and proper within the discretion of said mayor and general council. Sewers and sewage. SEC. 6. Be it enacted by the authority aforesaid, That section II of Act amending the charter of the city of Atlanta, approved on the 3d day of September, 1881, which Act is published on pages 358 to 365, inclusive, in the Georgia Laws of 1880 and 1881, be, and the same is, hereby amended by adding thereto the following: and the said mayor and general council are further authorized and empowered to adopt by ordinance a system of equalizing said assessments by 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, in proportion to the number of front feet of each lot or parcel of land abutting on such street or portion of street, so that said section, when so amended, shall read as follows: Sec. II. That in order to fully carry into effect the authority above delegated, said mayor and general council shall have full power and authority to assess the cost of paving and otherwise improving the sidewalks, including all necessary curbing for the same, on the real estate abutting on the street, and on the side of the street on which the sidewalk is so improved; and that said mayor and general council are further authorized and empowered to adopt by ordinance a system of equalizing said assessments by estimating the total cost of each improvement made, and prorating the cost thereof on the real estate according to its frontage on the

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street or portion of street so improved, in proportion to the number of front feet of each lot or parcel of land abutting on such street or portion of street. Sidewalks, assessments for improvement of. SEC. 7. Be it further enacted by the authority aforesaid, That section III of said Act amending the charter of the city of Atlanta, approved on the 3d day of September, 1881, be amended as follows: By striking the words one-third, in the second line of said section III, and inserting in lieu thereof the words two-thirds, and by adding after the word improved, in the fifth line of said section III, to precede all amendments thereto, as to place, the following: and the said mayor and general council are further authorized and empowered to adopt by ordinance a system of equalizing said assessments by 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, in proportion to the number of front feet of each lot or parcel of land abutting on such street or portion of street, so that said section III, when so amended, shall read as follows: SEC. III. That said mayor and general council shall also have full power and authority to assess two-thirds of the cost of grading, paving, macadamizing, constructing side drains, cross drains, crossings, and otherwise improving the right of way or street proper on the real estate abutting on each side of the street improved, and the said mayor and general council are further authorized and empowered to adopt by ordinance a system equalizing said assessments by 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, in proportion to the number of front feet of each lot or parcel of land abutting on such street or portion of street. One-third of said cost to be so assessed, as herein provided, upon the real estate abutting on one side of the street thus improved, and one-third of said cost to be assessed, as herein provided, upon the real estate abutting on the other side of the street so improved, in this way making up two-thirds of the cost to be assessed against the abutting property owners, as above provided. This amendment, however, not to operate in any sense as repealing or qualifying any of the provisions of section III of an Act amending the charter of the city of Atlanta, approved on December 10, 1897, and published in Georgia Laws of 1897 on pages 145 and 146. Streets, assessments for improvement of. SEC. 8. Be it further enacted by the authority aforesaid,

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That all existing ordinances passed by mayor and general council of the city of Atlanta, providing for assessments for cost of street and sidewalk paving and curbing, on the basis of frontage of abutting property in proportion of front feet thereof, and all assessments made in pursuance thereof, and all executions issued thereon, be, and the same are, hereby confirmed and validated. Said ordinances, assessments and executions shall be recognized and enforced, and given as full effect and authority as if passed under the provisions of the two preceding sections of this Act. Ordinances for street improvements. 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. Approved November 29, 1902. ATWATER, TOWN OF, INCORPORATED. No. 174. An Act to incorporate the town of Atwater in the county of Upson; to provide for the qualifications of voters and election of mayor and councilmen for the government of said town; to prescribe the powers and duties of said councilmen; 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 all persons who are citizens of the United States and who reside in the territory in the county of Upson, State of Georgia, comprised within lots of land numbers fourteen, fifteen, twenty and twenty-one in the tenth land district of said county, be incorporated under the name and style of the Town of Atwater, and by the corporate name of the Town of Atwater shall have perpetual succession, may have and use a corporate seal, may sue and be sued, may plead and be impleaded in any court of law or equity in this State; shall be capable in law or equity to purchase, have and hold, receive and enjoy, possess and retain for corporate purposes, any estate or estates, real or personal, of whatever kind or nature, within the jurisdictional limits of this town, and may sell or otherwise dispose of the same for the benefit of said town as to the mayor and council of said town may seem fit and proper. Atwater, town of incorporated SEC. 2. Be it further enacted, That the municipal government

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of the town of Atwater shall consist of a mayor and four councilmen, who shall be elected in the manner hereinafter set forth, each of whom shall serve without pay, and who shall hold their office for two years and until their successors are elected and qualified. Mayor and councilmen. SEC. 3. Be it further enacted, That an election shall be held at the school building, or at some other convenient and accessible place in said town of Atwater, on the 1st Wednesday in August, 1903, and biennially thereafter, for a mayor and four councilmen of said town as herein provided, who shall serve for two years and until their successors are elected and qualified. Elections of. SEC. 4. Be it further enacted, That any person shall be eligible to the office of mayor or councilman of said town who is qualified to vote in said town, and any person shall be qualified to vote in any election held in said town who is qualified to vote for members of the General Assembly in Upson county, except that registration in the registration book kept by the county tax-collector or registrar shall not be considered a necessary qualification, and who shall have resided in said town thirty days immediately preceding said election. All elections shall be held at the schoolhouse in said town, or at some other public place in said town, in the discretion of the mayor and councilmen, who shall give due and ample notice of such place; may be superintended by any two persons residing in said town who are qualified to vote; shall be held between the hours of 10 a.m. and 4 p.m. The managers shall take and subscribe an oath to faithfully superintend and make true returns of said election to the mayor and council, which oath may be administered by any person who is qualified to administer oaths in the county of Upson, or if no such officer can be had said managers may administer said oath to each other. The said managers shall certify the result of said election, and make return thereof to the mayor and council, who shall on the day following the day of the election meet and declare the result and install in office the persons elected. The mayor and councilmen of said town shall, before entering on the discharge of their duties, take and subscribe the following oath, which may be administered by any officer authorized by law to administer oaths, or if no such officer can be had said oath may be administered by the mayor or any member of the council named in this Act, or by any retiring mayor or councilman: I do solemnly swear that I will faithfully discharge the duties devolved upon me as mayor or councilman, as the case may be, of the town of Atwater; that I will faithfully execute and enforce the laws of said town to the best of my ability, skill and

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knowledge, and that I will do all in my power to promote the general welfare of the inhabitants of said town; so help me God. Where and how held. SEC. 5. Be it further enacted, That Chas. S. Barrett is hereby created and appointed mayor, and E. W. Barron, R. J. Fallin, J. E. Barron and Thomas Salter are hereby created and appointed councilmen of said town of Atwater, to serve in said respective capacities until the first election, as provided herein on the 1st Wednesday in August, 1903, and until their successors are elected and qualified. In case a vacancy occurs in the office of mayor or of councilman of said town at any time, by death, resignation or otherwise, the mayor and council, or the councilmen of said town, shall order an election to be held within fifteen days from the time such vacancy occurs, due notice of which shall be given by posting notice of the same ten days before the election, at one or more public places in said town for the purpose of filling said vacancy. Mayor and councilmen appointed. Vacancies. SEC. 6. Be it further enacted, That the mayor and council herein appointed shall, as soon as possible after the passage of this Act, elect one of the councilmen so appointed mayor pro tem. of said town; and on the day of the installation of the mayor and councilmen elected at each biannual election as herein provided, the mayor and councilmen so installed shall elect one of said councilmen as mayor pro tem., whose powers and duties shall be the same as those of the mayor of the town during his absence, disqualification or inability for any cause to act. Mayor pro tem. SEC. 7. Be it further enacted, That the mayor of said town shall be the chief executive officer thereof. He shall see that the laws of said town, the ordinances, by-laws, rules, regulations and orders of the mayor and 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. It shall be his duty especially to see 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 until such person can be tried for any violation of the laws, ordinances, rules or regulations of the town. He shall have power to impose fines not to exceed the sum of fifty dollars for each offense, or to sentence any offender to be confined in a guard-house to be provided for that purpose not exceeding thirty days, to work on the streets or other public works of the town, under the supervision of the marshal thereof for any length of time not exceeding sixty days, either one, or two, or all of these at the discretion of the trial court, and in addition thereto such costs of the proceeding as may be incurred. Any person convicted before the mayor or mayor pro tem. or said town may

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enter an appeal from the judgment of the court to the mayor and council of said town, a majority of whom shall constitute a quorum; provided, the appeal be entered instanter; and provided, that all costs are first paid and bond given to abide the decision and judgment of said mayor and council; and any person convicted on such appeal by the mayor and council may have the right of certiorari to the superior court of Upson county; provided, that all costs are first paid and bond given in double the amount of the fine imposed for the appearance of the defendant to answer the final judgment of the court; provided further, that nothing in this section shall prevent the appellant or applicant for certiorari from filing the proper pauper affidavit in lieu of the payment of costs, or giving the bonds as herein required. Mayor, powers and duties. Police court. Appeal. Certiorari. SEC. 8. Be it further enacted, That the mayor and council of said town shall at their first meeting after the passage of this Act, and at their first meeting after each biannual election, and at any time that a vacancy may occur, elect from among their own number, or from among the citizens of the town, a clerk and treasurer, and at said times they shall likewise elect a marshal of the town, either from among the citizens of the town, or any other person they may see fit to elect. The clerk and treasurer and the marshal so elected shall each make and give to the mayor and council of said town a bond with security to be approved by the mayor in such amount as may be fixed by the mayor and council, made payable to the Town of Atwater for the faithful performance of their respective duties. Clerk, treasurer and marshal. SEC. 9. Be it further enacted, That the mayor and council of said town shall have power and authority to levy and collect taxes for general and special purposes upon all real and personal property in said town, not to exceed five-tenths of one per centum per annum. They shall also have power and authority to require a license to be paid by all theatrical performances, shows, circuses, menageries and exhibitions of any kind for gain, and by all traders and peddlers, all venders of patent or proprietary medicines, drugs, books, nostrums and devices of any kind; by all solicitors or canvassers selling or offering for sale goods, wares, merchandise or other things by retail to customers; by all agents of fire, accident or life insurance doing business in said town; and to provide by ordinance for the punishment of any person or persons who may engage in or offer or attempt to engage in such business or calling without first having taken out the license required by law. Taxes. SEC. 10. Be it further enacted, That the mayor and council of said town shall have the power and authority to punish for the unlawful sale of intoxicating or malt liquors or bitters, or liquors

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of any kind, which if drunk to excess will produce intoxication. No license for the sale of intoxicating or malt liquors, or bitters or liquors of any kind which, if drunk to excess, will produce intoxication, shall ever be granted or allowed by the mayor and council of said town. Liquors, sale of. SEC. 11. Be it further enacted, That the mayor and council of said town shall have power and authority to pass all laws and ordinances that they may deem necessary for the good government of said town, the protection of the life, liberty, security and prosperity of the inhabitants thereof, and for the preservation of peace and good order, temperance and morality in said town, which are not contrary to the Constitution and laws of the United States or of the State of Georgia. General welfare. SEC. 12. Be it further enacted, That all male persons over the age of sixteen years and under the age of fifty years who have resided within the corporate limits of said town ten days shall be subject to work on the streets, alleys and sidewalks of the town not exceeding fifteen days in each year, or to pay such commutation tax as may be levied by the mayor and council of said town in lieu of working said streets, alleys or sidewalks, not to exceed ten dollars each year; and the mayor and council shall have power and authority to provide by ordinance for the proper enforcement of this section by prescribing proper punishment for all persons subject to street duty who fail or refuse to work the streets, alleys or sidewalks of the town when notified so to do, or to pay the commutation tax in lieu thereof. Street duty and commutation tax. SEC. 13. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902. AUGUSTA, CHARTER AMENDED. No. 176. An Act to amend the charter of the city of Augusta, in said State, so as to give authority to require work on its streets or a commutation tax therefor; to provide for the collection of said tax, so as to prescribe the oath for registration; to fix the time for registration, 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

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same, That the charter of the city of Augusta, in this State, be, and the same is, hereby amended as follows: From and after the passage of this Act each and every male citizen of the city of Augusta, between the ages of twenty-one (21) and sixty (60) years, both inclusive, shall be required to work on the streets of such city for one day during each calendar year, including the year 1902, or pay a commutation tax of one dollar, at the choice of the citizen. Every such citizen who shall not, by the 29th day of December of each year, have filed with the clerk of council his written election to do such work, rather than to pay the tax, shall be conclusively presumed to have elected to pay the tax. All money arising from such tax shall be applied to the improvement of the streets and bridges of the city of Augusta. Augusta, street duty and commutation tax. SEC. 2. Be it further enacted by the authority aforesaid, That the city council of Augusta is hereby granted full authority to adopt the necessary resolutions or ordinances to carry this into effect, and also the authority to collect such tax in the same way as other taxes due the city council of Augusta, with the same penalty for non-payment, as in the case of other taxes; provided, that no execution shall issue for such tax nor any penalty attach to the non-payment of the same before the 20th of April of the year succeeding the calendar year for which the same is due. Collection of tax. SEC. 3. Be it further enacted by the authority aforesaid, That no person shall be permitted to register for any municipal election in Augusta without taking the following oath or affirmation: I do swear (or affirm) that I am a citizen of the United States; that I am twenty-one years of age, or will be on the day of of this calendar year; that I have resided in this State for one year and in this county for six months immediately preceding the date of this oath, or will have so resided before the next regular election; that I have paid all State, county, municipal and other taxes which, since the adoption of the Constitution of 1877 of this State, has been required of me previous to this year, and which I have had an opportunity to pay; that I am not disfranchised from voting by reason of any offense committed against the laws of this State. I further swear (or affirm) that I reside, and have resided for the past ten days, in the ward of Augusta, at number , of street. My age is , and my occupation . The city council of Augusta is given authority to provide means for any citizen who, after registration may

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have removed to another ward, to transfer his registration to the ward in which he may be living at the time of the election. Registration oath. SEC. 4. Be it enacted, That the registration offices in Augusta for municipal elections shall not be kept open later than the first day of July of each year; provided, however, that the city council of Augusta may provide means by which any citizen, who by reason of absence from the city during the time the registration offices were open was unable to register, may subsequently register; provided, this Act shall not go into effect until it shall have been approved or adopted by a resolution passed by a majority vote of the city council of Augusta at a regular monthly meeting in the year 1903, to be held not earlier than thirty days after the approval by the Governor of this Act. Registration, time of. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902. AUGUSTA, BOARD OF POLICE COMMISSIONERS, ACT CREATING AMENDED. No. 49. An Act to amend an Act entitled an Act to create a board of police commissioners for the city of Augusta, in this State; to define its powers and duties, and for other purposes, approved August 26, 1879, and as subsequently amended; by prescribing the length of time for which privates and officers elected at other times than regular triennial elections shall hold office; and by investing the president or acting president of said board of police commissioners with authority to administer oaths or affirmations to witnesses appearing before the commission; and by providing that any person swearing or affirming falsely after the administration of said oath or affirmation shall be guilty of perjury; and by providing that the members of said commission shall be elected one from each ward of said city; and to provide for compensation for the members of said commission, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same,

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That from and after the first day of January, 1880, there shall be established a board of police commissioners for the city of Augusta, in this State, consisting of five upright and intelligent citizens, who shall hold their offices for the term of two years. The first commissioners under this Act shall be M. A. Stovall, E. J. O'Connor, John W. Clark, W. H. Barrett and John U. Meyer. Their successors shall be elected viva voce by the city council of said city, one from each ward of said city, and the persons so chosen in such elections shall be entitled to a sum not exceeding five dollars for each regular monthly meeting he shall attend, without any additional compensation for called meetings, to be paid by an order on the said city council signed by the president and secretary; and in such elections, the persons chosen shall be, and for one year preceding shall have been, residents of said city, and no person shall be eligible as a member of said board who, at the time of his election, holds any office of profit or trust under the National, State, county or municipal government. Before entering upon the discharge of the duties of their office the commissioners named in this Act, and their successors, shall take before the mayor of said city an oath to faithfully discharge the duties of the office of police commissioner of the city of Augusta. Should any of the commissioners named in this Act fail or refuse to serve, then the remaining commissioners shall proceed to fill such person's place by election viva voce. Augusta, board of police commissioners. SEC. 2. Be it further enacted by the General Assembly of the State of Georgia, That the said Act to create a board of police commissioners for the city of Augusta, in this State, to define its powers and duties, and for other purposes, be, and the same is, hereby amended by adding to section 4 of the Act amending the aforesaid Act, approved September 14, 1881 (Acts of 1880-1, page 369), the following words: The president or the acting president of said board of police commissioners shall have authority to administer to any witness who appears before such commission, at the trial of any officer or private, an oath or affirmation substantially as follows: `You do solemnly swear or affirm that the evidence you shall give to the police commissioners of Augusta upon the hearing of the charge against shall be the truth, the whole truth, and nothing but the truth, so help you God.' Any person swearing or affirming falsely after the above oath or affirmation shall have been administered to him shall be guilty of perjury and punishable accordingly; so that said section 4 of the amending Act of September 14th, 1881, shall, when amended, read as follows: Be it further enacted by the authority aforesaid, That when any person resident in the city of Augusta shall be required to attend

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as a witness the trial of any officer or officers, private or privates, of the police force, before the said board, it shall be the duty of the secretary of the board, upon application, to issue a summons directed to such person, stating the case and the time appointed for the trial. Such summons may be served personally on the witness by any member of the said board of commissioners or of the police force, at least one day before the trial of the case; and if any witness thus summoned shall fail to appear he may be attached by the commissioners for contempt. The attachment shall be directed to the chief of police, or any officer of the police force of Augusta, and made returnable before the said board at some time stated; and the said board may punish said witness by a fine not exceeding fifty dollars, unless he show good cause for his failure to obey the summons; and in the event of his refusal or failure to pay the fine imposed, the said board may imprison said witness in the common jail of the county until said fine be paid, the term of imprisonment to last in no case longer than five days. The president or the acting president of said board of police commissioners shall authority to administer to any witness who appears before such commission, at the trial of any officer or private, an oath or affirmation substantially as follows: `You do solemnly swear or affirm that the evidence you shall give to the police commissioners of Augusta, upon the hearing of the charge against , shall be the truth, the whole truth, and nothing but the truth, so help you God.' Any person swearing or affirming falsely after the above oath or affirmation shall have been administered to him shall be guilty of perjury and punishable accordingly. Witnesses, compulsory attendance of. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 6, 1902. BETHLEHEM, TOWN OF, INCORPORATED. No. 117. An Act to incorporate the town of Bethlehem in the county of Walton, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the town of Bethlehem in the county of Walton be, and the same is, hereby incorporated as a town under the name and style of the town of Bethlehem. Bethlehem, town of incorporated.

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SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall extend five hundred (500) yards from the corner of Main street and the main line of railway of the Gainesville, Jefferson and Southern Railway in every direction. Corporate limits. SEC. 3. Be it further enacted, That J. W. Bell be, and is hereby appointed mayor, and A. T. Harrison, L. F. Harris, J. A. Moore, E. S. Harris and D. H. C. Thompson be, and they are, hereby appointed councilmen of said town of Bethlehem to hold their offices from the date of the approval of this bill until the first annual election as hereinafter provided. Mayor and councilmen. SEC. 4. Be it further enacted, That on the first Friday in December, 1903, and annually thereafter on the same day, an election shall be held in such place in said town as shall be designated by the council of said town for mayor and five councilmen, who shall hold their offices for one year and until their successors are elected and qualified; but no one shall vote for or be eligible to the office of mayor or councilmen of said town who is not a resident of said town, and who has not been a resident of the State of Georgia twelve months, of the county of Walton six months and of the town of Bethlehem three months. Said election shall be held and conducted in the same manner as elections for county officers in this State, and the certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the offices to which they have been elected. Election of. SEC. 5. Be it further enacted, That before entering on the discharge of their duties the mayor and each councilman shall subscribe to the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge all duties devolving on me as mayor or councilman, as the case may be, of the town of Bethlehem, according to the best of my ability and understanding, so help me God. 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. SEC. 7. Be it further enacted, That the mayor shall be ex officio a justice of the peace, and shall have full authority to issue warrants for any offense committed within the corporate limits of said town, and shall have power to compel the attendance of witnesses, to examine them under oath, to admit any offender to bail

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or commit him to jail for violation of the laws of the State, and to admit to bail or commit to the guard-house for violation of the ordinances of said town. Mayor's court. SEC. 8. Be it further enacted, That said mayor and councilmen shall have full power and authority to pass all ordinances and by-laws that they may deem necessary for the government of said town; provided, they be not repugnant to the Constitution and laws of this State or of the United States. General welfare. SEC. 9. Be it further enacted, That said mayor and councilmen shall have power to levy and collect a tax, not exceeding twenty-five cents on every hundred dollars, upon all the property, both real and personal, within the corporate limits of said town. They shall also have power to require all persons within said corporate limits, who are subject to road duties, under the laws of this State, to work on the streets of said town, or they may prescribe a commutation tax which may be paid in lieu of work on the streets; provided, that the corporate limits shall extend only as prescribed in section 2 of this Act, for the purpose of raising the said tax of twenty-five cents on every hundred dollars. Taxes. Street duty and commutation tax. SEC. 10. Be it further enacted, That the mayor and council of said town shall have power to pass any ordinance not in conflict with the Constitution or the laws of this State or the United States; to prohibit the storage or keeping of wines, beer, white hops, malt, alcoholic or intoxicating liquors of any kind, for any illegal purpose within the corporate limits of said town, and to punish any person for violating the said laws or ordinances. Liquor, sale of. SEC. 11. Be it further enacted, That said mayor and council shall have power to remove or abate any nuisance in any part of said town, whether on the streets or elsewhere, under such rules and in such manner as they prescribe by ordinance or resolutions. Nuisances. SEC. 12. Be it further enacted, That the mayor of said town, and in his absence, the mayor pro tem., who shall be elected by the councilmen from their own number, shall be the chief executive officer of said town. He shall see that ordinances, by-laws, rules and orders of the council are faithfully executed. He shall have control of the police of said town, and may appoint special police whenever he may deem it necessary, and it shall be his duty especially to see that the peace and good order of the town are preserved and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town. He shall have power to issue execution for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and in default of immediate payment thereof he may imprison the offender in the guard-house of

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said town not exceeding fifty days, or may order the offender to work not exceeding fifty days on the streets of said town under direction of the marshal of said town; provided, that no fine shall exceed fifty dollars for any one offense, but the mayor is hereby invested with full power and authority to inflict for any such offense either one or more or all of said penalties in the discretion of the mayor. Mayor, powers and duties of. SEC. 13. Be it further enacted, That if at any time the office of mayor or councilman shall become vacant by death, resignation or otherwise, the remaining members of the council may fill such vacancy by appointment from among the citizens of said town eligible to such office, under the provisions of this charter. Vacancies. SEC. 14. Be it further enacted, That in the meetings of said council the mayor shall not be allowed to vote except in cases of all elections and of a tie vote of council. Mayor's vote. 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. Approved December 17, 1902. BLAKELY, CORPORATE LIMITS EXTENDED. No. 156. An Act to amend an Act to create and incorporate the City of Blakely in lieu of the Town of Blakely, and for other purposes, approved December 18, 1900, so as to extend to corporate limits of the City of Blakely. 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 create and incorporate the city of Blakely in lieu of the town of Blakely, and for other purposes, approved December 18, 1900, be amended by striking from the fourth (4th) and fifth (5th) lines of section one (1) of said Act, the following words: be identical with the present territorial limits of the town of Blakely, and insert in lieu thereof the following words: include all the territory within the following bounds: beginning at a point one mile west of the center of the public square of Blakely and extending north one mile, thence east two miles, thence south two miles, thence west two miles, thence north one mile to the point of beginning, so that said section, when amended, shall read as follows: Be it enacted by the General Assembly

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of Georgia, and it is enacted by authority of the same, That the city of Blakely is created and incorporated in lieu of the town of Blakely in Early county. The territorial limits of the city of Blakely shall include all the territory within the following bounds: beginning at a point one mile west of the center of the public square of Blakely, and extending north one mile, thence east two miles, thence south two miles, thence west two miles, thence north one mile to the point of beginning, except as is otherwise specified in this Act. All lands, tenements, streets, alleys, hereditaments, rights, powers, and interest in property, real, personal and mixed, belonging to the town of Blakely at the date of the passage of this Act shall belong to the city of Blakely on and after the passage of this Act. All legal debts, obligations, notes, bills, accounts and liabilities of whatever nature, owing by the town of Blakely at the date of the passage of this Act, shall be owing by the city of Blakely on and after the passage of this Act. All bonded indebtedness voted for by the people of Blakely prior to the passage of this Act shall be carried into effect on and after the passage of this Act by the municipal authorities of the city of Blakely, and shall be bonded indebtedness of the city of Blakely. This Act shall not be construed as destroying and ending the powers hitherto conferred upon the town of Blakely by the General Assembly of Georgia, but is enacted in the nature of an amendment to the present charter of Blakely and as continuing the existance of said town but changing it to a city, reserving and saving to it in its new corporate form all the powers, rights, privileges, duties and liabilities of said town through its charter, the amendments thereto and the Acts legally done thereunder (not inconsistent with what is herein enacted), but extending and adding the provisions of this Act to the rights, privileges, powers, duties, liabilities and limitations created by said charter of the town of Blakely, the amendments thereto and the acts done thereunder. The ordinances of the town of Blakely shall be the ordinances of the city of Blakely, and enforceable as such until repealed or changed by the city council of Blakely. Blakely corporate limits. SEC. 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved December 17, 1902.

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BOSTON, TOWN OF, CHARTER AMENDED. No. 158. An Act entitled an Act to amend the charter of the town of Boston, and for other purposes, approved December 22, 1896, and the several Acts amendatory thereof, so as to enlarge and extend the taxing powers of the mayor and council of said town of Boston, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the above mentioned Act be, and the same is, hereby amended by adding after section 4 of said Act three other sections, to be known and numbered sections 5, 6 and 7, respectively; and to read as follows: Boston, town of, charter amended. Sec. 5. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the mayor and council of the town of Boston shall, in addition to the taxing powers already vested in them, have authority to levy and collect specific taxes on all pursuits, trades and professions carried on in said town, including all agencies and agents for life, fire and accident insurance companies, and itinerant insurance agents of every sort; express companies, all sewing-machine agencies and agents, all dealers in commercial fertilizers, lightning-rod agents, keepers of hotels, boarding-houses, restaurants, lunch tables and lunch counters; keepers of livery and sale stables; merchants and mercantile firms, including druggists; all owners of omnibuses, wagons, drays and carriages transporting goods or passengers within the limits of the town of Boston for gain; book peddlers and canvassers for the sale of books, maps or pictures; photographers; proprietors of shows, concerts and other exhibitions for gain; auctioneers, keepers of shooting-galleries, pawnbrokers, plumbers, peddlers and street drummers; banks, bankers, money brokers and money lenders; cotton brokers other than merchants buying in regular course of trade; keepers of warehouses, barbers and real estate agents, including all persons engaged in the sale of real estate other than their own; all keepers of sawmills, gristmills and cotton-gins; itinerant venders of patents, including patent and proprietary medicines; and dealers in mules and horses, who are not licensed as keepers of livery and sale stables. And said mayor and council shall provide by proper ordinances for the collection of the taxes herein authorized; and they may in their discretion require parties, before entering upon

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any of the trades or pursuits mentioned in this section, to take out a license; and in such license they shall prescribe the terms on which such pursuit may be carried on, the time for which the license is to run, and the conditions upon which any original taker of a license may transfer the same to another; and may also, by proper ordinance, prescribe a penalty for the prosecution of any of said pursuits or trades without having first procured a license therefor. Specific taxes. Sec. 6. Be it further enacted, That nothing in the preceding section contained shall be so construed as to prevent or prohibit the mayor and council from enforcing the payment of any specific tax authorized in said section by execution, levy and sale, whenever they shall see fit to enforce the payment of any specific tax in that manner; and they may, in their discretion, impose such penalty for failure to take out license as their ordinance may prescribe, in addition to the issuing of executions against the goods and property of the delinquent or offending party. How collected. Sec. 7. Be it further enacted, That it shall be the duty of the mayor and council of said town of Boston, at their second regular meeting after their election and installation into office, to prescribe by ordinance the amount of the license fee to be paid by persons proposing to engage in or carry on any of the pursuits mentioned in this Act, and to publish the same for the information of the public. License fee. 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. Approved December 17, 1902. BOSTWICK, TOWN OF, INCORPORATED. No. 92. An Act to incorporate the town of Bostwick, in Morgan county; to define its limits; to provide for a mayor, board of aldermen, and other officers of said town, and to prescribe their duties and powers, and to provide for all matters of municipal concern, 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 Bostwick, in the county of Morgan, and the State of Georgia,

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be, and the same is, hereby incorporated under the name and style of the town of Bostwick. Bostwick, town of, incorporated. SEC. 2. Be it further enacted by authority aforesaid, That the municipal government of said town of Bostwick 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 aldermen of the town of Bostwick, and by that name and style shall have perpetual succession, and shall in said name sue and be sued, plead and be impleaded, in any of the courts of law or equity in this State; shall have power and authority to purchase, lease, hold, receive, enjoy, possess and retain to them and their successors for the use and benefit of said town, any estate or estates, real or personal, of whatever kind or 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 this State. Mayor and aldermen. SEC. 3. Be it further enacted by the authority aforesaid, That the corporate limits of said town of Bostwick shall extend one mile in every direction from the storehouse of the Bostwick Manufacturing Company in said town. Corporate limits. SEC. 4. Be it further enacted by authority aforesaid, That an election shall be held on the third Wednesday in December, 1902, and biennially thereafter, on the same day, at the storehouse of the Bostwick Manufacturing Company, in said town, or at such other place as the mayor and aldermen may direct, for the election of a mayor and four aldermen of said town to serve for two years, and until their successors are elected and qualified; the polls of said election shall be opened at nine o'clock in the forenoon and closed 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 public so superintending, or if from any cause the justice of the peace or notary public cannot act, then any three freeholders shall hold said election; and each of said managers, before entering upon his duties, shall take an oath or affirmation before some justice of the peace or notary public, 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 if the said managers of said election shall have any reasonable doubts as to the qualifications of any voter they shall have authority to administer to such voter the following oath: You, , do solemnly swear (or affirm) that you have attained the age of twenty-one years, that you are a

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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 mayor and aldermen of said town, or their authority, so help you God. And any person who shall take either of said oaths falsely shall be liable to indictment for false swearing, and on conviction shall be punished as provided in section 1039 of the Penal Code of Georgia of 1895. Election of mayor and aldermen. Oath of voter. SEC. 5. Be it further enacted by authority aforesaid, That the person receiving the highest number of votes cast for mayor, and the four persons receiving the highest number of votes for aldermen, respectively, shall be declared duly elected by the managers of said election, and the managers of said election shall give to the mayor and aldermen so elected their certificate of election, which shall be authority for said mayor and aldermen to act. Declaration and certificate of election. SEC. 6. Be it further enacted by authority aforesaid, 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 said town, and who shall have resided thirty days within the limits of said town next preceding said election, and no other persons, shall be qualified to vote at any election for officers of said town. Electors. SEC. 7. Be it further enacted by authority aforesaid, That in case a vacancy should occur in the office of mayor or aldermen an election may be ordered by the mayor or aldermen of said town to fill such vacancy, after having given ten days' public notice, which notice shall be posted at three public places in said town; and the person or persons elected to fill such vacancies shall hold said office until their successors are elected and qualified. Vacancies. SEC. 8. Be it further enacted by authority aforesaid, That two tally-sheets shall be made out and certified by the managers of said election, one to be turned over to the mayor of said town and the other retained by said managers. The persons elected shall be notified of their election by said managers, and they shall immediately after said election 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 aldermen of the town of Bostwick 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 the Act of incorporation, so help me God. They shall then forthwith enter upon their duties. Vacancies. Official oath.

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SEC. 9. Be it further enacted by the authority aforesaid, That there shall be a marshal for said town of Bostwick, who shall be elected by the mayor and aldermen thereof, and shall receive such compensation as said mayor and aldermen shall designate and fix. They may fix his salary at any sum not to exceed forty dollars per month, and in addition thereto may allow him fees, which fees shall not exceed those that sheriffs are allowed for like services. Marshal. SEC. 10. Be it further enacted by the authority aforesaid, That the council may elect a clerk and treasurer for said town who may be one of their own body, or any citizen of said town. They shall have power and authority 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 said town. Clerk and treasurer. SEC. 11. Be it further enacted by the authority aforesaid, That the council shall have power and authority, and it shall be their duty to require bonds from the marshal and treasurer for the faithful performance of their duties; to fix the amount of such bond and approve the same. Official bonds. SEC. 12. Be it further enacted by the authority of the same, That said mayor and aldermen shall have full power and authority to assess, levy and collect such taxes, not to exceed one-fourth of one per cent. on all and every species of property, both real and personal, within the limits of said town, except church and school property, at its true market value, once in each year; the time of assessing and collecting said taxes shall be fixed by ordinance of said council; to levy and collect such special tax on trades, business occupations, theatrical exhibitions or other performances exercised, performed or carried on within the 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 aldermen may prescribe such rules and regulations and impose such penalties for the violation of the same as they may deem necessary, not inconsistent with the Constitution and laws of this 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 shall proceed to collect the same by levy and sale; in case of levy on personal property, after ten days' advertisement at the council chamber, which advertisement shall be posted at three or more public places in said town, and in case of levy on real estate, by the return of said levy to the sheriff of Morgan county, who shall advertise

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and sell the same in the same manner as prescribed by law for the sale of real estate when levied on by constables and returned to the sheriff. Taxation. SEC. 13. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have full power and authority to enact and enforce all ordinances, by-laws, rules and regulations necessary for the government of said town, to secure and protect the health thereof, which ordinances shall not be repugnant to the Constitution and laws of this State; to protect places of divine worship; to provide places for the burial of the dead, and to regulate interments therein; to make rules and 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 welfare. SEC. 14. Be it further enacted by the authority aforesaid, That the mayor shall hold a police court in said town at any time for the trial and punishment of all violators of the ordinances, by-laws, rules and regulations of said town, and shall keep a docket upon which he shall plainly enter all cases and judgments tried or rendered by him, the punishment inflicted not to exceed a fine of fifty dollars, or imprisonment in the guard-house, or labor on the public streets or works of said town not to exceed sixty days, and in addition therefo the costs of the proceedings. It shall be the duty of said mayor to act as presiding officer of the council when in session, and to look after the promotion of the peace and good order of said town, and the enforcement of the by-laws, ordinances, rules and regulations thereof. The aldermen may elect one of their number mayor pro tem., who shall preside in the absence of the mayor, or when he is, from any cause, disqualified to try any case. Police court. SEC. 15. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall have power and authority to open, change, or abolish streets in said town, as the public interests may require, to pay any damages that may be assessed by reason of opening or changing said streets, and shall keep in good order the streets and sidewalks of said town; and may require and compel all person residing within the limits of said town who may be subject by law to road duty to work on the streets and sidewalks of said town not to exceed ten days in each year, but may receive in lieu of such work a commutation tax from such persons not to exceed three dollars per year; and the mayor of said town shall have the same power and authority to try and punish defaulters that 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

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street duty after being returned as such defaulters without the consent of the mayor. Streets. Street work and commutation tax. SEC. 16. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall have power and authority to fix their own salaries, the mayor's salary not to exceed one hundred dollars per annum, and the aldermen's salary not to exceed twenty-five dollars per annum each. Salaries. SEC. 17. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved December 15, 1902. BOWDEN, TOWN OF, CORPORATE LIMITS EXTENDED. No. 150. An Act to amend an Act entitled an Act to incorporate the town of Bowden, in the county of Carroll, and for other purposes therein mentioned, and to regulate the sale of spirituous liquors in a certain distance of the poorhouse in Atlanta, approved December 13, 1859, by changing the corporate limits of said town. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the corporate limits of the town of Bowden in the county of Carroll shall be changed so as to include within the incorporate limits of said town all that territory within the following described square: Commence at a point two miles due north of the center of the college building in said town; from thence run due east two miles; thence run due south four miles; thence due west four miles; thence due north four miles; thence due east two miles to the beginning point; provided, that this Act shall not go into operation until it has been ratified by a majority of the qualified voters living within the district to be affected. Bowden, town of. Corporate limits. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902.

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BUCHANAN, CITY OF, INCORPORATED. No. 104. An Act to amend an Act, approved November 7, 1889, Acts of 1889, pages 935 to 943, chartering the town of Buchanan, in Haralson county, so as to strike the word town wherever it appears in the caption of said Act, and in each and every section of said Act where the said word town appears, and insert in lieu thereof the word city, so that said place of Buchanan will be incorporated or chartered as a city and not as a 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 from and after the passage of this Act that an Act entitled an Act incorporating or chartering the town of Buchanan, in Haralson county, approved November 7, 1889, Acts of 1889, pages 935 to 943, of said Acts of 1889, be, and the same is, hereby amended as follows: Buchanan, city of, incorporated. SEC. 2. It is further enacted by the authority aforesaid, That whenever the word town appears in the caption of said Acts of 1889, as aforesaid, and in each and every section of said Act, where the said word town appears, the said word town is by this Act stricken and the word city is inserted in lieu thereof, so that said place of Buchanan, after the passage of this Act, shall be incorporated or chartered as a city and not as a town. 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. Approved December 13, 1902.

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CANON, TOWN OF, INCORPORATED. No. 165. An Act to incorporate the town of Canon, in the counties of Hart and Franklin; 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 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 Canon, in the counties of Hart and Franklin, be, and the same is, hereby declared to be incorporated under the name and style of the town of Canon, 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. Canon, town of incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall be one mile in every direction from the center of the intersection of Broad and Depot streets of the said town of Canon. Corporate limits. SEC. 3. Be it further enacted, That Dr. A. N. Bowers is hereby appointed mayor of the said town, and J. A. Duncan, W. M. Moore, F. D. Bond, L. E. Osborne, and S. P. Bond are hereby appointed councilmen of said town, to hold their offices until their successors are elected and qualified. Mayor and councilmen. SEC. 4. Be it further enacted, That an election shall be held on the first Wednesday in January, 1903, and on each succeeding first Wednesday in January of each year, for mayor and five councilmen to serve one year, or until their successors are elected and qualified; said election to be conducted in 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 Canon who shall qualify to vote for the members of the General Assembly of the State of Georgia shall be qualified to vote for the mayor and councilmen of said town. The persons receiving the highest number of votes for the office of mayor shall be declared duly elected, and the five 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

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discharge of the duties, the mayor and the 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 Canon, to the best of my ability and understanding; so help me God. Official oath. SEC. 6. Be it further enacted, That said mayor and councilmen shall have power and authority to pass all laws and ordinances that they may deem necessary for the government of said town, and protection of property from loss by fire or damage therein; provided, that they be not repugnant to the Constitution and laws of Georgia and 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 executions issued by the clerk in the name of the mayor, and the levy and sale of the property as in other cases 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 a levy for tax executions. The said mayor and councilmen shall also have power to require all persons within said corporate limits who are subject to road duty under the laws of this State to work the streets of said town for a period of fourteen days in each year, or they prescribe a commutation tax which may be paid in lieu of the work upon the streets. Taxes. 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 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 rioters and disorderly persons in said town. He shall have power to issue executions for all fines, penalties, and costs imposed by him, and issue warrants for the arrest of all disorderly persons in said town, and in default of an immediate payment of all fines and penalties and costs imposed he may imprison the defendant for a period not exceeding forty-five days, or sentence

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him to work upon the public streets of the town of Canon for the same length of time. The fines imposed by the mayor shall be not less than one nor more than one hundred dollars. Mayor, executive 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, and 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 councilmen shall have the power to tax all shows to which admission fee is charged, and in addition the ad valorem taxes levied; shall have power to tax all business enterprises as they may deem to be to the best interest of said town. Specific taxes. SEC. 12. Be it further enacted, That said mayor and councilmen of the town of Canon shall have the power to close, open, alter, lay out and keep in good order and repair the roads, streets and alleys, sidewalks, cross-ways, street crossings and ditches, for the use of the public and the citizens thereof, and keep them free of obstructions 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, etc. SEC. 13. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 17, 1902.

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CARROLLTON, CORPORATE LIMITS EXTENDED. No. 50. An Act to extend the corporate limits of the city of Carrollton, of the county of Carroll, so as to include block B of what is known and called The Carrollton Extension Company's addition to Carrollton, 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 corporate limits of the city of Carrollton, in the county of Carroll, shall be, and are, hereby extended so as to include block B of what is known and called The Carrollton Extension Company's addition to Carrollton. Carrollton, corporate limits of. SEC. 2. Be it further enacted by the authority aforesaid, That the corpoate line around said block shall be as follows: Commencing where the present corporate line of said city intersects Newnan street and follow said street southeasterly to Mandeville avenue; thence northerly along Mandeville avenue, which turns westerly, to where it intersects the present corporate limits of said city; thence along the line of said corpoate limits to the starting point. SEC. 3. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and are, hereby repealed. Approved December 6, 1902. CAMILLA, ACT AUTHORIZING DISPENSARY REPEALED. No. 179. An Act to repeal an Act entitled an Act to amend the charter of the town of Camilla, so as to authorize and empower the mayor and council of said town to maintain a dispensary in said town for the sale of ardent spirits, malt liquors, wines, ciders and other intoxicants, and to provide regulations for said dispensary, and for other purposes, approved December 13, 1895. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That an Act

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of the General Assembly of Georgia, approved December 13, 1895, entitled an Act to amend the charter of the town of Camilla, so as to authorize and empower the mayor and council of said town to maintain a dispensary in said town for the sale of ardent spirits, malt liquors, wines, cider, and other intoxicants, and to provide regulations for said dispensary, and for other purposes, be, and the same is, hereby repealed. Camilla, dispensary for, abolished. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 17, 1902. CEDARTOWN, CHARTER AMENDED. No. 58. An Act to alter and amend the charter of the city of Cedartown, in Polk county, as incorporated in the Act of the General Assembly of Georgia, approved December 13, 1898; to repeal so much of section 2 of said Act as provides for the manner of electing the clerk, and to provide for the election of the clerk; to repeal so much of section 4 of said Act as provides for the appointment of managers and clerks, and to provide for the appointment of managers to hold the city election, and for other purposes. SECTION 1. Be it enacted by the Senate and House of Representatives 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 section 2 of the charter of the city of Cedartown, in Polk county, as incorporated in the Act of the General Assembly of Georgia, approved December 13, 1898, be, and the same is, hereby amended by striking out the word clerk, as it appears in line 3, and 10 and line 12 of said section of said Act. Said section, when so amended, shall read as follows: Be it further enacted, That an election shall be held in the city of Cedartown on the third Wednesday in December annually. In December, 1898, a mayor and five aldermen shall be elected; the term of the mayor and two aldermen to expire on the first Tuesday in January, 1900; the term of the three aldermen to expire on the first Tuesday in January, 1901; the aldermen to determine by lot who will fill long and who short terms. In December, 1899, and every two years thereafter, a mayor and two aldermen shall be elected, and in December,

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1900, and every two years thereafter, three aldermen shall be elected. Each of said officers shall serve until their successors are elected and qualified. No mayor or alderman hereafter shall be eligible to succeed himself. That J. H. Sanders be, and he is, hereby appointed mayor; J. C. Knight be, and he is, hereby appointed clerk; and J. B. Lacy, B. F. Lowther, J. O. Crabb, T. H. Adams and C. C. Bunn be, and are, hereby appointed aldermen of said city of Cedartown, to hold their office until the first Tuesday night in February, 1899, or until their successors are elected and qualified, as hereinbefore provided. At the first meeting of the mayor and council of Cedartown, or as soon thereafter as practicable, one of said aldermen shall be chosen mayor pro tem., and one to be chosen treasurer. Cedartown. Mayor and aldermen, election of. SEC. 2. Be it further enacted, That the city clerk shall be elected hereafter annually at the first regular meeting of the city council in each year, beginning with the year 1903, by a joint vote of the council and water and light commission, a majority vote being necessary to elect. That J. C. Walker, the present clerk, be, and he is, hereby appointed to hold the office of clerk until his successor is elected and qualified, as herein provided. Clerk, election of. SEC. 3. Be it further enacted, That section 4 of the Act incorporating the city of Cedartown, as adopted and approved December 13, 1898, be, and the same is, hereby repealed. SEC. 4. Be it further enacted, That all elections held under the provisions of the charter of the city of Cedartown, as adopted of date December 13, 1898, shall be superintended and managed by five freeholders, one from each ward, citizens of said city, and there shall five boxes, one for each ward, and the voters of each ward shall vote for the mayor from the city at large, and for the aldermen from their respective wards only; said managers to be appointed by the mayor and council; any three of the managers so appointed shall be deemed sufficient, and they are hereby empowered to hold any election in said city, as provided by its charter; said managers shall cause to be kept five tally-sheets and five lists of voters, keeping the votes for aldermen of each ward separate. Before entering upon his duties each manager shall take an oath before some officer qualified to administer an oath that he will impartially conduct said election and prevent all illegal voting to the best of his skill and power. Municipal elections, how held. SEC. 5. Be it further enacted, That sections 2 and 4 of the Act providing a new charter for Cedartown, approved December 13, 1898, so far as the same conflict with this Act, and all other laws

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and parts of laws in conflict therewith, the same be, and are, hereby repealed. Approved December 6, 1902. CHESTER, TOWN OF, INCORPORATED No. 109. An Act to incorporate the town of Chester, in the county of Dodge; to confer certain powers, and for other purposes. SECTION 1. Be it enacted by the Senate and House of Representatives in General Assembly met, That the municipal government of the town of Chester 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 Chester, and by that name and style shall have perpetual succession, and shall by the said name be capable to sue and be sued in any court of law or equity in this State; plead and be impleaded, and do all other acts relating to their corporate capacity, and shall be capable in law to purchase, hold, receive, enjoy and possess, to retain to them and their successors for the use and benefit of said town of Chester, in perpetuity, or for any term of years, any estate, real or personal, lands and tenements of whatever kind or nature soever, within the limits of said town; and to sell, alien, exchange or lease the same, or any part thereof, or convey the same, or any part thereof, in any way whatever. Chester, town of incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of the town of Chester shall extend one half of a mile in every direction from the depot of the Wrightsville and Tennille Railroad, located in said town. Corporate limits. SEC. 3. Be it enacted by the authority aforesaid, That the corporate powers of said town shall be vested in a mayor and four aldermen, who shall be elected on the first Saturday in January, 1903, ten days' notice having been given, and on the same day in every January thereafter, and that said mayor and aldermen shall hold their offices for one year, or until their successors are elected and qualified; and all citizens who shall be entitled to vote for members of the General Assembly, and who have resided in said corporation three months previous to said election, shall be entitled to vote for said mayor and aldermen; provided, no person who is not a resident citizen within the said corporation shall be

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eligible to the office of mayor or alderman in said town; and provided, that for the purpose of temporary organization there shall be an election for mayor and aldermen of said town on the first day of December, 1902. Mayor and aldermen, election of. SEC. 4. Be it further enacted by the authority aforesaid, That any two citizens who may be freeholders in said town, being first sworn to hold said election properly and faithfully, may preside over said election, neither of whom being a candidate, and the person receiving the highest number of votes shall be declared to be duly elected, and the managers shall give their certificates to such persons as shall be thus elected. Election managers. SEC. 6. Be it further enacted by the authority aforesaid, That the said mayor and aldermen, before they enter upon the duties of their respective offices, shall, before the ordinary or a justice of the peace, clerk of the superior court, or commissioned notary public, take and subscribe the following oath: I do solemnly swear that I will, to the utmost of my ability, faithfully discharge the duties of mayor (or alderman) of the town of Chester during my continuance in office; so help me God. Official oath. SEC. 6. Be it further enacted by the authority aforesaid, That the said mayor and aldermen shall, at their first annual meeting, after being qualified, proceed by ballot to elect a marshal (and if they deem necessary, a deputy marshal), clerk of council and treasurer, each of whom, unless removed, shall remain in office until a new election for and the qualification of mayor and aldermen; and that said mayor and aldermen shall have full power to remove from office, or to punish by fine not exceeding fifty dollars, any officer elected by them for any neglect, malpractice in or abuse of said office. Marshal, clerk and treasurer. SEC. 7. Be it further enacted by the authority aforesaid, That in case the mayor or any alderman, while in office, shall be guilty of any wilful neglect or malpractice in, or abuse of, said office, he or they shall be liable to be indicted before the superior court of Dodge county, and on conviction thereof shall be fined in a sum not exceeding five hundred dollars for each and every offense, and moreover, be removed from office, which fine or fines shall be paid over to the town treasurer for the use of said town. Official conduct. SEC. 8. Be it further enacted by the authority aforesaid, That all males over the age of sixteen years and under the age of fifty, who may have resided in said town ten days, shall be subject to work the streets according to the road laws now in force in this State, or to be taxed therefor after opportunity offered so to work,

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as the town council may determine, as a commutation for such duty, not to exceed two dollars per day. Street work or commutation tax. SEC. 9. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall have power to fix and regulate the salaries of each and every officer they may elect, which salary shall not be increased or diminished during continuance in office. Salaries. SEC. 10. Be it further enacted by the authority aforesaid, That the mayor, or mayor pro tempore, and any two aldermen shall form a quorum for the transaction of business, and the mayor, or mayor pro tempore, shall have the casting vote, and a majority of all the votes shall determine all questions and election before the council; and the mayor and each alderman shall be to all intents and purposes a justice of the peace, so far as to enable them, or any of them, to issue warrants for offenses committed within the corporate limits of said town, which warrant shall be executed by the marshal, or deputy marshal, and to commit to the county jail of Dodge county, to await his, her or their trial; and it shall be the duty of the jailor of said county to receive all such persons so committed and them safely keep until the same be discharged by due course of law, and in all cases where persons committed to jail are, or shall be, unable to pay bail fees, the said corporation shall be liable for the same. Police powers. SEC. 11. Be it further enacted by the authority aforesaid. That the expenditures of the mayor and aldermen, and the compensation of the town officers, shall be paid out of the town funds by an order drawn by the clerk of council (upon the town treasurer, and countersigned by the mayor or the mayor pro tempore of the council); and that the marshal, or deputy marshal, and clerk and treasurer shall give bond and good security to the mayor and alderman and successors, in a sum to be fixed by the mayor and alderman, for the faithful performance of his or their duties. Funds, how disbursed. SEC. 12. Be it further enacted by the authority aforesaid. That the said mayor and alderman shall have full power and authority to pass all ordinances and by-laws necessary for the government, good order and well-being of said town; to remove pests and nuisances, and to perform all acts necessary and proper to carry out the provisions of this Act, not incompatible with the Constitution and laws of Georgia and the United States; they shall also have full power to make all contracts in their corporate capacity which they may deem necessary for the welfare of said town. General welfare. SEC. 13. Be it further enacted by the authority aforesaid,

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That the mayor, and in his absence the mayor pro tem. of said town, shall have full power and authority to try all offenders against all or any of the by-laws or ordinances of said town, and to punish for each and every violation thereof within the corporate limits of said town, by a fine or fines not to exceed fifty dollars, or by imprisonment in the common jail of said county not exceeding ninety days. Mayor's court. SEC. 14. Be it further enacted by the authority aforesaid, That the mayor of said town shall receive for his services such sum per annum as may be fixed by the town council, and all the salaries to be paid to the officers of said incorporation, together with all the expenditures made for the use of said town, shall be paid out of the town funds in the hands of the town treasurer, who shall keep a book in which he shall make an entry of all the sums of money paid out, and to whom and for what purpose, and shall take a receipt for all sums of money paid out, which book and receipts shall at all times be subject to inspection by the mayor and alderman of said town, or any or either of them; and all sums of money paid into the treasury by the provisions of this Act shall, and the same are, hereby directed to be a fund for the exclusive use of said town. Salary of mayor. SEC. 15. Be it further enacted by the authority aforesaid, That the mayor and alderman of said town shall have power and authority to levy a tax upon all billiard-tables kept or used for the purpose of playing on, gaming or renting, and all tenpin-alleys of any kind, which are kept for the purpose of playing with pins and balls, or either pins or balls, or for the purpose of renting the same, and also all wheels of fortune; and the said mayor and aldermen shall have power and authority to levy and collect a tax from all itinerant showmasters who may exhibit in said town any shows, circus riding, tumbling, sleight of hand, tricks of leger-demain, or any theatrical exhibition coming under this description. Specific taxes. SEC. 16. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town shall have power and authority to impose and levy such taxes, not to exceed one half of one per centum upon all the real and personal estate within the corporate limits of said town, as they may deem necessary for the support of the government of said town, and also to enforce the collection of all fines which may be imposed by said mayor and aldermen under the provisions or the powers granted by this Act. Ad valorem tax. SEC. 17. Be it further enacted by the authority aforesaid,

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That it shall be the duty of all taxpayers and owners of all taxable property within said town, and they and each of them, either by themselves or an agent, are required to make annual returns under oath to the clerk of council in said town, or to such other officer as the mayor and aldermen of said town may appoint for said purpose, at such time as the mayor and aldermen may limit, of all their taxable property, held in their own right or in the right of any other person; and in case any person or persons shall fail or refuse to make such returns, or shall make any return deemed incorrect by the mayor and aldermen, the said mayor and aldermen may assess the property of such person, and may fix such values thereon as they may deem correct and just; and all taxes levied and imposed by said mayor and aldermen, in case of a refusal to pay the same, shall be collected in the following manner: an execution for the sum due and all cost shall be issued by the clerk of council, directed to the marshal against the estate, both real and personal, of said defaulter, and shall be levied by the marshal or deputy marshal upon the said estate; and after having been advertised for thirty days in the gazette where sheriff's sales are advertised for said county, the marshal or deputy marshal shall sell at public outcry the property so levied upon, at the time and place for sheriff's sales in said county; and the deed of the marshal or his successor in office, made in accordance with such sale, shall be as effectual to pass the title to such property to the purchaser thereof as the deed of the defaulter; and all executions issued under the provisions of this Act shall bind all the property of the defendant from date, and shall have rank and precedence as executions from the courts of this State now have by law, and the cost thereof shall be the same as in tax-collector's executions by the laws of this State; provided, that whenever any land is sold by virtue of a tax execution issued under the provisions of this Act, the owner thereof, or any administrator, executor or guardian, or other trustee of the defendant in execution, shall have the privilege of redeeming said land thus sold, within the time and in the manner pointed out in section 898 of the Code of 1882. Tax returns. SEC. 18. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town 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 town; and also to establish a market or markets in said town, and

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also license, regulate and control all taverns and public houses in said town, and also to regulate all butcher-pens, slaughter-houses, tanyards, blacksmith-shops, forges, stores and chimneys in said town, and to remove, or cause to be removed, the same, or any of them, in case they become dangerous or injurious to the health of any citizen of said town, or become a nuisance; and also if necessary, to fill up all pits, cellars and excavations in said town, or cause the owner to do so; also to regulate drays, omnibuses, buggies, carriages, wagons and all carts owned or kept and used in said town; and also full power to regulate and control all pumps, wells, livery stables, fire companies and engines within said town. Streets, etc. Police powers. SEC. 19. Be it further enacted, That the mayor and aldermen shall have power to take up and impound any horses, mules, dogs, hogs, cows, or other cattle running at large in said town, and to pass and enforce all ordinances necessary and proper for the regulation and control of all such animals in said town. Stock pounds. SEC. 20. Be it further enacted, That the mayor and aldermen, or the mayor and any two aldermen, upon the trial and examination of any offenders against the laws of this State or ordinances of said town, shall have power to issue all process, writs and subp[oelig]nas necessary to carry out any of the provisions of this Act, or to execute any of the powers therein granted, and which processes shall be signed by the clerk and bear test in the name of the mayor, or other officer acting pro tempore instead of the said mayor, and be served or executed by the marshal or deputy marshal. Mayor's court. SEC. 21. Be it further enacted, That in case there should at any time be a failure to elect a mayor and aldermen for said town, as provided for in this Act, any two freeholders residing in said town, upon giving ten days' notice thereof, shall, or may proceed to hold an election in manner as pointed out in this Act for the regular elections in said town; and the mayor and aldermen so elected shall hold their office until the next regular election in said town, or until their successors are qualified; and in case at any time there should be a vacancy in the office of mayor or aldermen, that the mayor and two aldermen, or two freeholders resident in said town, may, upon ten days' notice, proceed to fill such vacancy in the manner pointed out for elections in said town by this Act, and all officers thus elected to fill vacancies shall hold their office until the next regular election in said town, or until their successor is qualified. Special elections. Vacancies. SEC. 22. Be it further enacted by the authority aforesaid, That

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the mayor and aldermen shall have full power and authority to open, lay out, to widen, straighten or otherwise change streets and alleys in said town. Whenever the mayor and council shall exercise the power in this section delegated, they shall appoint two freeholders, and the owner or owners of lots fronting on said streets or alleys shall, on five days' notice, appoint two freeholders, who shall proceed to assess the damage sustained or the advantage derived by the owner or owners of said lots in consequence of the opening, widening, or straightening, or otherwise changing said streets or alleys; and in case said assessors cannot agree, they shall select a fifth freeholder umpire, the said assessors to take an oath that they will faithfully discharge their duties, and either party to have a right to enter an appeal to the superior court of Dodge county within ten days from said award, the mayor and council of said town of Chester to have power and authority to levy, collect and enforce the final award and judgment in each and every case, by judgment against the owner or owners of said lot or lots when the same is found to be advantageous to said owner. Streets, condemnations, appraisements. SEC. 23. Be it further enacted, That hereafter when any fi. fa. issued by the corporate authorities of said town for fines, forfeitures, taxes or any other debt or demand due said corporation shall be levied upon any property claimed by any other person not a party to said fi. fa., that said claim shall be interposed under the same rules, regulations and restrictions as regulate other claim cases, and the said claim shall be returned and tried in the first justice court or superior court having jurisdiction thereof as the case may be. Claims, how returned and tried. SEC. 24. Be it further enacted, That this Act shall take effect from and after the first day of December, nineteen hundred and two. SEC. 25. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902.

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COLUMBUS, WATER-WORKS FOR. No. 54. An Act to amend the charter of the city of Columbus, in Muscogee county, and the several acts amendatory thereof, so as to confer power and authority upon said city to construct, maintain, own and operate a system of water-works, together with the necessary sites, ways, structures, canals, reservoirs for conveying and containing water, and the laying of pipes, conduits and mains into and through said city, and the use of any stream or streams of water which may be deemed necessary and appropriate for that purpose, and to cross or lay along any street or highways such pipes and mains, and appropriate and occupy the same, or any part thereof; to condemn and appropriate private property upon which to locate its works and to lay its pipes and mains, and to acquire and own property, real and personal, for same, both within the corporate limits of said city or anywhere else, and to have the power and authority generally to do and perform all things necessary to carry into effect the objects and purposes of this Act; and to provide for the selection and establishment of a commission to be known as the board of water commissioners, to whom shall be delegated the supervision and control of the construction, management and operation of said water-works system, and to define the powers, authority and duties of said commission, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the charter of the city of Columbus, in Muscogee county, be, and the same is, hereby amended as follows: The said city of Columbus is hereby authorized and empowered to construct, build, maintain, own and operate a system of water-works, in any manner and to any extent that may be needful for the present and future use and requirements of said city of Columbus; that said city shall have the power to acquire and hold property, both real and personal, that may be necessary or appropriate for affording a complete and sufficient supply of reasonably pure and wholesome water for its own use and the use of the inhabitants thereof, whether the same be located within the limits of said city, or elsewhere, including

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the ownership of, and the dominion over, in whole or part, of the watershed or watersheds from which the water to be supplied is gathered, however large the tract of land may be that is requisite for that purpose. Columbus, water-works. SEC. 2. Be it enacted by the authority aforesaid, That the said city shall have power and anthority to make or cause to be made such examinations and surveys for the proposed system of water-works contemplated by this Act as shall be necessary or proper to the selection of the most advantageous location or locations, site or sites, watershed or watersheds, right or rights, way or ways, for the location of said works and the necessary apparatus, appliances and equipment therefor, and for bringing the water from the source of supply to and distributing it in said city. Water supply. SEC. 3. Be it further enacted, That said city of Columbus shall have the power and authority to construct its works, and build such dams, canals, raceways and reservoirs as may be necessary for conveying and containing its water, and the laying of such pipes, conduits and mains into and through said city as may be necessary and appropriate for the distribution of said water for private and public use; shall have the power to use and employ for the purpose of said system of water-works any stream or streams of water, watercourse or watercourses, or any part of such waters which shall be deemed necessary and appropriate; and to use such water or waters by employing the same for power to run or move the necessary mach inery, or for pumping through the pipes and mains and making distribution thereof over said city; and generally to do and perform all acts and things necessary for the construction, equipment, maintenance and operation of said system of water-works, and the distribution of its water as may be requisite and proper to carry into effect the object, scope and purposes of this Act. Water-works, construction of. SEC. 4. Be it enacted by the authority aforesaid, That said city of Columbus shall have the power in the construction of said system of water-works and in making distribution of its water, to lay its pipes and mains under and along any street or streets of said city, or under and along and road or highway of this State; and should it be necessary, to cross, occupy and appropriate with its works, pipes and mains such streets and highways, or any part thereof; and shall have the right to use the ground or soil under any road, railroad, highway, street, lane, alley, or court within this State, for the purpose of laying its pipes, conduits and mains, and constructing, enlarging

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and improving any of the work contemplated by virtue of this Act; provided, however, that said city shall not permanently injure any such railroad, highway, street, lane, alley, or court, and the same be restored to its original condition and all damages thereto to be repaired; that said city of Columbus shall have the power to lease, buy, take and condemn any property, real or personal, in this State, as may be necessary for the location, construction, operation and security of said works; said city first making and paying just and adequate compensation therefor, as by law provided when private property is taken for public use. Pipes and mains. SEC. 5. Be it further enacted by the authority aforesaid, That the rights and remedies of said city and all persons, firms, or corporations whose property, franchises, easements or rights said city may seek to condemn or appropriate for the purpose herein contemplated, shall be in accordance with, and subject to, the provisions set forth and embodied in sections 4657 to 4686, inclusive, of the Code of Georgia for 1895, and the several Acts of the General Assembly amendatory thereof. Rights and remedies SEC. 6. Be it enacted by the authority aforesaid, That said city of Columbus shall have the right and power to supply and furnish its water to private consumers, either for motive power or for drinking, sanitary and domestic purposes, charging such rates therefor as in the judgment of the corporate authorities is reasonable and just. Water-rates. SEC. 7. Be it enacted by the authority aforesaid, That for the purpose of carrying into effect the objects of this Act, the said city of Columbus shall have the power to make any contract or contracts or incur any obligation or obligations upon the means and resources of said city not repugnant to the Constitution of this State, and shall have the right to issue and sell its bonds when so authorized in the manner provided by law for the purpose of raising and supplying the necessary means to accomplish the aims and objects of this Act. Water-works bonds. SEC. 8. Be it enacted by the authority aforesaid, That before the said city of Columbus shall commence the construction of said system of water-works, and before the issue and sale of any of its bonds for that purpose, the mayor and board of aldermen of said city, at any regular meeting thereof, shall elect in the same manner as other officers of said city are elected, a board of commissioners, to be known as the Board of Water Commissioners, who shall have the supervision and control of the building, construction, operation and management of said water-works system. The mayor and board of aldermen of said

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city shall fill all vacancies that may occur in said board at any regular meeting of council after such vacancy may exist, and that said board of water commissioners shall consist of five persons, one of whom shall be the mayor of said city, who shall be an ex officio member, and four other persons, all of whom shall be freeholders and citizens of the city of Columbus and qualified by law to vote at elections held for the selection of mayor and aldermen of said city. Board of water commissioners. SEC. 9. Be it enacted by the authority aforesaid, That the term of office of each member of said board of water commissioners shall be four years, except the members of the first board elected to serve; that the first election for members of said board shall be held at any regular meeting of council after the qualified voters of said city of Columbus have legally authorized at an election held for that purpose an issuance of the bonds of said city for the purpose of building and constructing a system of water-works, at which meeting of council the four persons to constitute the first board shall be elected, one of whom shall be elected to serve until the first day of January first following said election, one to serve until the first day of January thence next following, one to serve until the first day of January thence next following, and one to serve until the first day of January thence next following, so that the term of office of only one member will expire each year; and as the respective terms of office of each member of said board of water commissioners expire, the said mayor and board of aldermen of said city of Columbus, at the regular meeting of council to be held in July of each year prior to the expiration of the term of office of each member, shall elect a successor to the member of said board whose term expires in January following thereafter, who shall be elected for the full term of four years, so that one member of said board shall be elected in July of each year. Election and official term of commissioners. SEC. 10. Be it enacted by the authority aforesaid, That said board of water commissioners shall choose from their number annually one to serve and act as chairman of said board. The members of said board of water commissioners shall each, before entering into the discharge of his duties, take and subscribe to the following oath: I (name) do solemnly swear (or affirm) that I am duly qualified to serve as a member of the board of water commissioners of the city of Columbus; that I will, to the best of my ability, faithfully discharge all of the duties and obligations devolving upon me as a member of said board without fear, favor and affection, and as will subserve

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the best interests of the city of Columbus, so help me God, which oath shall be taken before any officer authorized by law to administer oaths. Chairman of boards. Oath of Commissioners. SEC. 11. Be it enacted by the authority aforesaid, That a majority of said board of water commissioners shall constitute a quorum for the transaction of business, and all contracts, engagements, acts and doings of said board within the scope of their duty or authority, shall be obligatory upon and be considered in law as if done by the mayor and board of aldermen of said city of Columbus. Said board shall have the power and authority to make rules and regulations for the conduct of its affairs, and shall keep a record in books to be purchased and kept for that purpose of all acts and doings of said board, which said books shall be subject to examination at any time by persons authorized to do so by the mayor and board of aldermen in said city; and said board shall make reports to the mayor and board of aldermen of said city of Columbus of the operation and condition of said water-works in accordance with any ordinance or resolution that may be passed by said mayor and board of aldermen with reference to same. Powers of board. SEC. 12. Be it further enacted, That said board of water commissioners shall have the power to appoint a competent engineer for the construction of said water-works system, and to fix his compensation while so employed; also the power to appoint a secretary for said board, and employ such managers, clerks and laborers, as may from time to time be found needful in building and constructing said system and in the operation thereof when completed, and to fix their salaries and compensation; that said board may purchase from time to time such material, machinery, apparatus and appliances as may be needed in the building, construction, maintenance and operation of said works; that all contracts made by said board for material or for construction of said works, or any part thereof, which shall involve an expenditure of over two hundred dollars, shall be made in writing, and of each contract two copies shall be made, one of which shall be deposited with the clerk of council for the benefit of the mayor and board of said city, and one to be retained by said board, and said board shall have the authority to require from any person or persons, firm or corporation with whom they contract, satisfactory security for the faithful performance of said contract according to its terms, and no member of said board shall be interested directly, indirectly or remotely in any contract relating to the construction or operation of said works. Engineer and secretary. Contracts.

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SEC. 13. Be it further enacted, That said board of water commissioners shall regulate the distribution and use of the water in all places and for all purposes whenever the same may be required, and shall fix the price for use thereof and the terms of payment therefor; they shall erect such number of public hydrants and in such places as the mayor and board of aldermen of said city may designate, for the purpose of extinguishing fires, watering the streets and such other public uses as said mayor and board of aldermen may direct, and shall make all necessary connections with pipes and mains into all buildings used by said city of Columbus and as said mayor and board of aldermen may require. That said board of water commissioners shall have full power and authority to require payment in advance for the use 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 building, place or premises, and shall not be compelled to again supply said building, place or premises with water until all arrears, with interest thereon, shall be fully paid. That said board shall have the power to make rules and regulations respecting the introduction of water into or upon any premises and may regulate the use thereof in such manner as to them shall seem necessary and proper; and the members of said board, and all engineers, superintendents or inspectors in their service and employ, are hereby authorized and empowered to enter at all seasonable hours any building or other place, where said water is taken and used, and when unnecessary waste thereof is known or suspected, and examine and inquire into the cause thereof. They shall have full power to examine all service pipes, stop-cocks and other apparatus connected with said works, for the purpose of ascertaining whether the same are of the character and dimensions, and fixed in the manner required by the rules and regulations of said board, and if necessary the supply of water may be shut off until the required examination is made and any alterations and repairs necessary are completed. Use and price of water. SEC. 14. Be it further enacted, That whatever sum or sums of money that may be provided by the mayor and board of aldermen of the city of Columbus, either from the sale of bonds or otherwise, for the purpose of building and constructing a system of waterworks as herein provided for, shall be paid over to said board of water commissioners, and by them used and paid out for that purpose only, and should any surplus be left thereof after final completion of said system, shall be turned over to the treasurer of said city of Columbus, and by him used only for the payment of principal

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and interest on any bonds that may have been issued and sold for that purpose. Disbursements by board. SEC. 15. Be it further enacted, That all money coming into the hands of said board of water commissioners from water rents and the sale of any apparatus and appliances or other property, or from any other source, after paying for any necessary extensions, repairs and expenses of operation, shall be paid to the treasurer of the city of Columbus semiannually and at least fifteen days prior to the time of the payment of any principal or interest that may become due on any bonds that may have been issued for the purpose of building and constructing any system of water-works as is herein provided for, and the same shall be used by said city treasurer only for the purpose of paying any principal and interest then to become due; but if the revenue and receipts of money derived from the operation of said water-works for any year be more than is sufficient to discharge the interest and principal on said bonds maturing in that year, then such surplus may be used and appropriated by the mayor and board of aldermen of said city for any other public improvement in said city as to them may seem proper. Receipts of board. SEC. 16. Be it further enacted, That said board of water commissioners shall be considered a subordinate branch of the city government of Columbus, and shall conform in their actings and doings to all ordinances that may be passed by the mayor and board of aldermen of said city of Columbus; and the mayor and board of aldermen of the city of Columbus may at any time remove any member which they may have elected to said board, if it shall satisfactorily appear, after reasonable notice to the parties, and hearing of the causes of complaint and answers thereto, if any should be offered, that the member whose removal is sought has been guilty of maladministration or neglect of the duties of his office, that his removal will be right and proper, and two-thirds of the aldermen of said city council shall concur in such removal. Board subordinate to mayor and aldermen. SEC. 17. Be it further enacted, That the members of said board shall not receive any compensation for their services, but shall be paid and refunded all reasonable expense which they may incur in the performance of their duties; that the mayor and board of aldermen of said city shall be authorized, by and through a committee of their own number, or by any person they may select, to inspect at their pleasure, the state and condition of the works, and property thereto belonging, as also all books and accounts pertaining to the affairs conditioned by them, and the said board shall give and furnish them any reasonable facility and assistance in making such inspections. Compensation of commissioners. SEC. 18. Be it further enacted, That any person or persons

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who shall maliciously or willfully divert the water, or any portion thereof, from the works contemplated by this Act, or shall corrupt or in any manner render the some impure, or shall destroy or injure any canal, aqueduct, pipe, conduit, main, machinery or other property used or required for procuring or distributing the water, such person or persons, and their aiders and abetters, shall forfeit to said board, to be recovered in an action of trespass, treble the amount of damages besides cost of suit which shall appear on the trial to have been sustained, and all such acts are hereby declared to be misdemeanors under the laws of this State, and the person or persons charged therewith, if found guilty, shall be punished as for a misdemeaner, as provided by law. Malicious injury to works. 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. Approved December 3, 1902. COLUMBUS, CHARTER AMENDED. No. 17. An Act to amend the charter of the city of Columbus, in Muscogee county, and the Acts amendatory thereof, so as to confer authority upon the city of Columbus to exercise police jurisdiction over all the territory in the State of Georgia within three miles of the present limits of said city, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the charter of the city of Columbus, in Muscogee county, be, and the same is, hereby amended as follows: That the municipal government of the city of Columbus shall have and exercise a limited power and authority for police purposes, over all that territory which lies within the State of Georgia, and within three miles in a straight line from the present corporate limits of said city of Columbus, and said territory shall hereafter be known as the police district of the city of Columbus. Columbus, police district. SEC. 2. Be it enacted by the authority aforesaid, That the mayor and board of aldermen of the city of Columbus, in the exercise of the power and authority in this Act conferred, shall have the sole and exclusive right to regulate the sale of spirituous, vinous and malt liquors within said police district, and to grant

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or refuse a license therefor, and they may put such terms, restrictions and conditions on the sale of such liquor as they may deem proper, but in no case shall a license be granted within said district for a less term than one year, and if any license is granted within said district the fees thereof shall never be less than the amount of the license fee within the corporate limits proper of the city of Columbus. All such fees shall be collected in the same manner as similar fees are collected in the city of Columbus and paid into the city treasury. Liquor, sale of. SEC. 3. Be it enacted by the authority aforesaid, That all laws and ordinances in force in said city of Columbus in reference to crimes or misdemeanors against the persons of citizens or individuals, against the public peace and tranquillity, against public morality and health, and offenses committed by cheats and swindlers, and offenses against public trade, against fraudulent or malicious mischief, shall be in force within the treritory comprising the said police district in the same manner and to the same extent as they are in force within the corporate limits of said city; and for the purpose of preventing the commission of any and all of said offenses, and suppressing the same, and in order to apprehend violators of said laws, jurisdiction is hereby given to the mayor and board of aldermen of said city of Columbus over the entire territory embraced in said police district, and they shall have the power and authority to enforce said laws and ordinances by the marshal and police force of said city of Columbus, in the same manner and to the same extent as if the violation of said laws and ordinances had occurred within the corporate limits of the city of Columbus. Municipal jurisdiction over police district. SEC. 4. Be it enacted by the authority aforesaid, That the mayor's or recorder's court of the city of Columbus shall have jurisdiction over, and the power and authority to try and punish, all persons charged with a violation of any and all laws and ordinances, which by the terms of this Act are conferred upon the mayor and board of aldermen of the city of Columbus, in and over the territory comprising said police district, in the same manner and to the same extent as if such violation occurred within the corporate limits of said city of Columbus; and in case of a conviction in said mayor's or recorder's court for a violation of any of said laws and ordinances in said police district, such mayor, recorder or other person legally presiding over said court shall impose upon the person or persons convicted, such fine or imprisonment as could be imposed had such offense been committed

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within the corporate limits of the city of Columbus; and all fines that shall be imposed and collected on account of any violations of any such laws or ordinances in force in said police district shall go to the treasurer of the city court of Columbus and for the use of said city. Municipal court, jurisdiction of. SEC. 5. Be it further enacted by the authority aforesaid, That this Act shall not be so construed as to create any obligation upon the city of Columbus to establish and maintain in said territory comprising said police district any police system, but said city of Columbus shall have the right and power to do so, which right said city may exercise or not, as in the judgment of the municipal authorities the best interest of the city of Columbus may require. Police force. SEC. 6. Be it further enacted by the authority aforesaid, That for the purpose set forth in this Act only shall such police district be held or deemed to be a part of the city of Columbus, nor shall said city of Columbus exercise in and over said police district any power or authority other than is herein expressly conferred. Limit of municipal authority. SEC. 7. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 2, 1902. COLQUITT, DISPENSARY FOR, ESTABLISHED. No. 23. An Act to establish, maintain and regulate a dispensary in the town of Colquitt, Miller county, Georgia, for the sale of ardent spirits, malt liquors, wines, cider and other intoxicants; 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, and it is hereby enacted by the authority of the same, That from and after the first day of January, 1903, P. E. Wilkin, C. C. Bush, J. W. Bailey, F. E. Fudge and W. C. Dancer be, and the same are, hereby constituted a body corporate under the name and style of dispensary commissioners of Colquitt, Georgia, for the purpose of establishing and maintaining a dispensary in said town of Colquitt, for the sale of ardent spirits, wine, cider and other intoxicants. Colquitt, dispensary for established.

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SEC. 2. Be it further enacted by the authority aforesaid, That said commission shall have power to perpetuate the body by filling all vacancies that may occur by majority vote of the remaining commissioners. They shall elect from their body a chairman, a secretary and treasurer, requiring good and sufficient bonds from the secretary and treasurer, to be approved by the board. Said board of commissioners shall also have power to sue and be sued, plead and be impleaded, in all courts in this State. The dispensary commissioners provided for in this Act, before entering upon the discharge of their duties as such, shall take and subscribe an oath before some qualified officer, that they will faithfully and honestly discharge all the duties imposed upon them by this Act. Commissioners, officers. SEC. 3. Be it further enacted by the authority aforesaid, That the dispensary commissioners provided for in this Act may maintain at some convenient point in the town of Colquit, within the corporate limits, a dispensary for the sale of ardent spirits, malt liquor, wine, eider and other intoxicants. They shall, on the day after the qualification, organize annually thereafter and 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. Dispensary manager. SEC. 4. Be it further enacted by the authority aforesaid, That said dispensary manager shall also be required to give bond and 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 money that may come into his hands as such manager, and for the faithful performance of all the 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. SEC. 5. Be it further enacted by the authority aforesaid, That said manager shall, under the direction of said dispensary commissioners, at all times keep under the supervision of said commissioners a stock of ardent spirits, malt liquors, wines, cider and

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other intoxicants in such quantities as said commissioners may direct. All bills incurred for the maintenance and operation of said dispensary from time to time shall be paid by the treasurer upon presentation, when approved by a majority of the said commissioners. Said manager shall sell only for cash and shall turn over all moneys received by him to the secretary of the board each day, who shall keep a record showing the same, and shall turn over same to the treasurer of the board of commissioners at the expiration of each week, taking said treasurer's receipt for same. Stock. Sales. SEC. 6. 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 one time shall not exceed four gallons, and in no event shall liquor be furnished in quanities 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 shall be closed each day before sunset, and shall remain closed on Sundays, election days and such other days as the commissioners may direct. Said manager shall be bound by all the laws of this State regulating the sale of liquor, and all the regulations of said board of commissioners not in conflict with the laws of this State. Regulations. SEC. 7. Be it further enacted by the authority aforesaid, That said commissioners, when they see fit, may have said liquors tested or analyzed by competent authority. SEC. 8. Be it further enacted by the authority aforesaid, That said commissioners shall each receive twenty-five dollars per annum for their services. The compensation of the treasurer of the board and of the manager of the dispensary shall be fixed by the board. Compensation commissioners and officers. SEC. 9. Be it further enacted by the authority aforesaid, That said commissioners shall make semi-annual reports to the grand jury of Miller county, showing full financial statements of its affairs. The books of said board shall ever be subject to the reasonable inspection of any citizen of said county. Reports of commissioners. SEC. 10. Be it further enacted by the authority aforesaid, That said commissioners may buy or contract for such property as is necessary to the purpose of this Act, and shall have authority to encumber the same by mortgage or otherwise. Said dispensary shall be maintained solely by the proceeds of its sales. Contracts of commissioners. SEC. 11. Be it further enacted, That the board of commissioners

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shall make at least monthly inspection of all the books, invoices and stocks of said dispensary. Monthly inspections. SEC. 12. Be it further enacted by the authority aforesaid, That the net proceeds, after maintaining and paying all expenses of said dispensary, shall be appropriated equally between the county of Miller and the town of Colquitt. After paying all liabilities that shall be incurred in its operation, then after retaining an amount sufficient for maintenance of said dispensary, one-half of the remainder shall go into the general funds of the county treasury of Miller county, and the other half shall be paid to the treasurer of the town of Colquitt, to be used as the town authorities may see fit. Profits of dispensary SEC. 13. Be it further enacted by the authority aforesaid, That the town of Colquitt and all other towns in Miller county and the municipal authorities thereof are hereby prohibited from licensing the sale of malt, spirituous, vinous, alcoholic or intoxicating liquors or wines or ciders to any other person or persons or corporations, nor shall said municipal authorities impose any tax or license upon the dispensary established by this Act. Other sales prohibited SEC. 14. Be it further enacted by the authority aforesaid, That if any member of said board, or the treasurer thereof, or the manager of said dispensary, shall willfully violate any of his duties and the duties imposed by this Act, or if any person shall violate any of these provisions of this Act, the same shall be a misdemeanor under the laws of this State. Liabilities of commissioners and officers. SEC. 15. 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 broken it shall be at once bottled and sealed. Said manager shall make a monthly report to said commissioner showing the amount of sales for the preceding month and stock on hand on the last day of said month. Sealed packages. Reports of manager. SEC. 16. Be it further enacted by the authority aforesaid, That said manager shall not allow any person or persons to loaf or congregate in or about said dispensary or the premises on which it is located, and for failing to enforce this section said manager shall be removed from office. And any person or persons refusing to leave said dispensary or its premises or to comply with the other provisions of this Act or the ordinances passed by the mayor and council of said town of Colquitt shall, upon conviction thereof in

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the mayor's court in said town, be punished as prescribed by the ordinances of said town. Loitering. SEC. 17. 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 to carry out the purposes of this Act, and provide suitable penalties for violation of any of its provisions. Mayor and council. SEC. 18. Be it further enacted by the authority aforesaid, That there shall be no table, stand, or any place of amusement kept in said building or on the premises thereof. SEC. 19. 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 1, 1902. CORDELE, CHARTER AMENDED. No. 190. An Act to amend an Act to incorporate the city of Cordele, in the county of Dooly, approved December 22, 1888, and the Acts amendatory thereof, so as to establish a recorder's court in and for said city; to define it powers and jurisdiction; to prescribe rules and regulations for its government; to create the office of city attorney in connection with said court and provide for the election of the city attorney, his salary and term of office; to establish a chain-gang in and for said city and prescribe rules and regulations for the government of the same; to provide for the disposition of persons convicted in the recorder's court; to provide for hiring of other convicts by the municipal government from and to other chain-gangs; to name the time of electing city officers and fixing their salaries; to regulate the successive terms of the mayor's 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 the authority of the same, That on and after the twentieth day of January, 1903, or as soon thereafter as practicable, there shall be, and hereby is, established a court to be known as a recorder's court in and for the city of Cordele, in the county of Dooly, which said court shall have jurisdiction to try offenses against the laws and ordinances of the municipal government of the said city of Cordele, and to punish

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for a violation of the same. Said court shall also have power to enforce its judgments by the infliction of such penalties as may be provided by law; to punish witnesses for non-attendance, and also any person who shall counsel or advise, aid, encourage or persuade another whose testimony is desired or material in any proceeding before said court, to go or move beyond the reach of the process of the same. Said court shall be presided over by the mayor of said city, or in his absence, disability or disqualification, by the mayor pro tempore, and in case of the absence or disqualification of the mayor pro tem., then any member of the city council who may be designated by the city clerk and treasurer shall act as recorder, and when presiding such person shall be known as the city recorder. Sessions of said court may be held as often as, in the discretion of the presiding officer, may be necessary to clear the city prison, but shall have regular sessions to be fixed by the mayor and city council at such time and place as they may deem best. The recorder shall take and subscribe to the following oath: I, , do solemnly swear that when acting as recorder for the recorder's court of the city of Cordele, I will perform the duties of said office to the best of my ability, without favor or affection to any one; so help me God. Cordele, recorder's court. SEC. 2. Be it further enacted, That the recorder of said city shall have power to impose fines and inflict punishment for the violation of any law or ordinance of the city of Cordele, also any law of this State where recorder's court or municipal courts are given such authority by the State laws. Said recorder is hereby authorized and empowered to try and dispose of any matter that the mayor of Cordele might have under previous existing laws and ordinances while presiding over the mayor's court of said city. Every right or power that the mayor of said city has heretofore had or may have is hereby delegated to the recorder. Powers of recorder. SEC. 3. Be it further enacted, That for the violation of the laws and ordinances of said city, the recorder may impose such fines or such punishment as, in his discretion, he may think best; provided, no fine shall exceed the sum of five hundred dollars or the punishment inflicted shall not exceed imprisonment in the city guard-house for a space of time to exceed sixty days, or at labor in the city chain-gang for more than six months. If there be no such chain-gang, then the recorder is authorized to hire the convicts out to some other chain-gang under the same rules as other convicts are let out or hired out. Said recorder may impose any one or all of above fines or punishments. Said recorder shall have

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the same powers as judges of the superior courts of this State to punish for contempt, officers and others by a fine not to exceed fifty dollars and imprisonment in the city guard-house not exceeding ten days, or either or both, in his discretion. He shall be to all intents and purposes a justice of the peace so far as to enable him to issue warrants for offenses committed within the corporate limits of said city, which warrants may be executed by any member of the police force of the city, and to commit the offenders to the jail of the county of Dooly or to admit them to bail, in bailable cases, for their appearance at the next term to the court of competent jurisdiction to be held in and for said county. For said services the said recorder and policemen shall receive the same fees now allowed justices of the peace and constables for like services, which sums shall be collected and, as collected, shall be paid over to the city clerk and treasurer, there to be disbursed as the mayor and city council may direct, as in case of other funds belonging to said city. Punishments. SEC. 4. Be it further enacted, That in criminal cases the defendant shall not have the right to appeal to the general council from the decisions or judgment of the recorder, except where the fine is the sum of seventy-five dollars or the punishment imposed is for a longer time than thirty days' imprisonment in the city guard-house or four months in the chain-gang, or where a fine and imprisonment are both imposed, but the right of certiorari shall exist in all criminal cases, from the judgment and decision of the recorder. Said certiorari shall be obtained in the same manner and the same conditions as a writ of certiorari is obtained from the judgment of a justice of the peace, and the judgment of the recorder shall not be suspended until the writ of certiorari is actually granted in terms of the law. The judge of the superior court who grants the certiorari may do so at chambers or in term time after two days' notice of the time and place of hearing to each party or their attorneys and he may hear and determine the traverse as well as the certiorari upon which the traverse is based, the recorder being required to certify and send up to the superior court a complete and accurate history of the case as his answer to the petition for certiorari, and the defendant having the right to correct and traverse said answer as provided by law. The defendant shall have the right to a suspension of the judgment and sentence of the recorder in cases where he has been sentenced to labor in the chain-gang, for a space of four days, upon written

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notice being served on the recorder immediately after judgment is rendered or sentence pronounced, of defendant's intention to apply for a writ of certiorari. Certiorari. SEC. 5. Be it further enacted, That the city of Cordele shall not be held liable for any fine paid or time served between the judgment of the recorder and the time of the granting of the notice of the granting of a writ of certiorari in the case. If the defendant be already serving time under a sentence, when a certiorari is granted in the case, the granting of the certiorari shall act as a suspension of the judgment until the said writ is finally passed upon, and he shall, upon giving good and sufficient bond and security in double the amount of the fine, or in cases where there is no fine, the bond shall be in an amount not exceeding five hundred dollars, to be assessed by the recorder for defendant's appearance to answer the final disposition of the case, shall be allowed to go free until the matter is finally disposed of. The bond to be made payable to the mayor and city council of Cordele, and shall be collectable in any court having jurisdiction of the same, as in cases of other bonds of like nature. Effect of grant of certiorari. SEC. 6. Be it further enacted, That after a judgment of the recorder and there is an appeal pending or application for the writ of certiorari duly sanctioned and finally disposed of, the defendant in such case shall be released from the custody of the officer having him in charge upon giving a good and sufficient bond with good security in double the amount of the fine imposed, or in case of sentence to imprisonment or in the chain-gang alone, then in an amount not to exceed the sum of five hundred dollars, to be assessed by the recorder conditioned to be paid in the same manner as bonds in section 5 of this Act. Bond of petitioner. SEC. 7. Be it further enacted, That the clerk and treasurer of the city of Cordele shall be ex officio the clerk and treasurer of the recorder's court and shall, by himself or deputy, attend all sessions of said court and do and perform all other duties required of him in connection with said court by the mayor and city council. Clerk and treasurer. SEC. 8. Be it further enacted, That the ministerial officers of the recorder's court shall be the marshal and policemen of the city of Cordele, and to whom all mesne and final process thereof shall be directed. All or a sufficient number of said officers shall attend the sessions of said court for the purpose of executing the orders of the court, and shall do and perform such other duties connected with said court as are required of them by the recorder. Marshal and policemen.

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SEC. 9. Be it further enacted, That the mayor and city council of Cordele shall have full power and authority to pass all laws and ordinances, rules and regulations necessary and proper to secure the efficient and successful administration of the business of this court. Also all other ordinances that they may deem necessary to preserve order, suppress crime and immorality or prevent idleness, vagrancy or loitering in said city, not in conflict with the Constitution and laws of this State. Mayor and council. SEC. 10. Be it further enacted, That the office of city attorney in and for said city is hereby created and established and said attorney shall be elected by the mayor and city council of said city and shall hold his office for a term of two years and until his successor is elected and qualified. His duties shall be prescribed from time to time by the mayor and council. His salary shall be fixed at the time of his election and annually thereafter when other salaries are fixed and as other salaries are fixed. The first election held hereunder shall be held by the persons duly elected as mayor and aldermen for said city at the regular municipal election for mayor and aldermen, to be held on the second Wednesday in January, 1903, and three aldermen holding over. Not only shall the city attorney be elected at this time, but all officers that are elected by the mayor and city council shall be elected at this time and not before, nor shall any salaries be fixed for the new year until said officers are elected as herein provided. The first person authorized to act as recorder for said city shall be the mayor, who is elected at said election. City attorney. SEC. 11. Be it further enacted, That as soon as practicable after the recorder's court hereby established is put into operation a city chain-gang, which is hereby created and established, shall be put into operation as is hereinafter provided. The said chaingang shall be used for working the streets of the city of Cordele and for doing and performing other public work in and for said city or for its benefit, and shall be made up of convicts convicted in the recorder's court of Cordele and by employing from the proper authority, persons convicted as misdemeanors in other courts of this State. Said chain-gang shall be governed by the same rules and regulations as govern other municipal and county chain-gangs in this State, unless otherwise stated herein. Chain-gang. SEC. 12. Be it further enacted, That the mayor and city council of Cordele shall have power to select a whipping-boss for the convicts confined in said chain-gang and fix his compensation and prescribe his duties. No whipping shall be administered to any convict

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in said chain-gang by said whipping-boss or other officer or person having them in charge except in cases where the same is reasonably necessary to enforce discipline or compel work or labor by such convicts. Whenever a whipping is administered to a convict, it shall be entirely private, but in the presence of at least two responsible citizens. Nor shall it be done in a place where the public generally will be attracted. Whipping-boss. SEC. 13. Be it further enacted, That the authorities in charge of the chain-gang shall prepare and have published full and complete, reasonable and humane, rules and regulations for the government of the convicts under their control, which rules may be amended as the occasion may require, but shall specifically prescribe the powers and duties, in all respects, of the superintendent, commission, guard, whipping-boss or other person connected with the management of convicts as to care, keeping, control, work and discipline of convicts. Rules for control of convicts. SEC. 14. Be it further enacted, That no superintendent, commissioner, guard, whipping-boss or other person or employer of convicts shall be personally responsible or liable for any injury or damage to any convict resulting from the employment, care, keeping, control, work and discipline of convicts who are under the direction of said governing authorities respectively, in accordance with reasonable and humane rules and regulations adopted as aforesaid. Responsibility for injuries to convicts. SEC. 15. Be it further enacted, That white and colored convicts shall not be confined together, nor shall they be chained together at any time or place, nor shall female convicts be confined in the same compartment with male convicts, and should be worked separately so far as practicable. White and colored, male and female convicts separated. SEC. 16. Be it further enacted, That the whipping-boss or other person in charge of said convicts may be discharged at any time, in the discretion of the city recorder, or by a two-thirds vote of the mayor and city council acting together. Whipping-boss, discharge. SEC. 17. Be it further enacted, That the mayor and city council of Cordele are hereby authorized to pass all such ordinances, make such rules as will effectually establish, maintain, and keep a chain-gang in said city or employ the misdemeanor convicts of any county of this State and work said hired convicts in the city chain-gang. Mayor and council. SEC. 18. Be it further enacted, That the whipping-boss, super intendent or other person having the convicts in charge shall keep a book in which he shall record the names of all persons placed in

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his charge, their sex, age, color, time received, time worked, behavior while confined, offense with which they are charged, a record of the number of times a convict was whipped and the number of licks given, time of discharge and such other information as may be required of him by the city authorities. Records of chain-gang. SEC. 19. Be it further enacted, That the mayor and city council of Cordele shall have power, in their discretion, to hire out and dispose of the convicts convicted in the recorder's court of said city in the same manner and under the same rules and regulations as the convicts who are convicted in the city court of Vienna, in said county, are now hired out and disposed of, for such length of time as they may see proper to do so, if, in their discretion, it would be better for the city's interest than to maintain a chain-gang in said city. Convicts, hire of. SEC. 20. Be it further enacted, That all and singular the powers and duties heretofore vested in the mayor of Cordele is hereby vested in the recorder of the city of Cordele. Recorder, powers and duties. SEC. 21. Be it further enacted, That the rules of practice in the recorder's court, so far as practicable, shall be the same as the rules of practice in the superior courts of this State, including the rules of evidence. All officers shall be legal witnesses when not on trial. Practice in recorder's court. SEC. 22. Be it further enacted, That all persons put upon trial in the recorder's court shall have an opportunity to employ counsel if they so desire. Counsel. SEC. 23. Be it further enacted, That persons who have worked one or more days in the chain-gang and becoming able to pay the fine imposed, shall have their fine reduced according to the number of days' work done, and shall be released upon the written authority of the recorder, based on the information of the clerk and treasurer of said city, that such fine has been paid. Fines, how paid. SEC. 24. Be it further enacted, That the mayor may commute the punishment inflicted by the recorder, or remit all or a part of the fine imposed, in his sound discretion, shall not be abused. Commutations. SEC. 25. Be it further enacted, That all laws and ordinances heretofore existing in the charter of said city and all Acts amendatory thereof, and the ordinances of said city are not to be disturbed by this Act unless the same comes in direct conflict with the same, and not then, except for the purpose of carrying out the provisions of this Act. Laws and ordinances SEC. 26. Be it further enacted, That from and after the passage of this Act all officers of the city of Cordele, when elected

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by the mayor and city council of Cordele, be elected after the mayor and aldermen, or the aldermen, as the case may be, are elected, qualified and take their seats after the general election held on the second Wednesday in January of each year, and not before. All salaries for such officers shall be fixed after their election by the incoming and hold-over and not by the out-going and hold-over mayor and council. So much of the original charter of said city as provides that the officers shall be elected and their salaries fixed at the first regular meeting in January is hereby repealed. Officers terms of. Salaries of SEC. 27. Be it further enacted, That the mayor of Cordele shall not be eligible to hold the office of mayor for more than two consecutive terms of two years each. Eligibility. SEC. 28. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1902. DALTON, CHARTER AMENDED. No. 143. An Act to amend the charter of the city of Dalton so as to change the salaries allowed to be paid to the clerk of the city council and the chief of police, so that they shall not exceed seven hundred and six hundred dollars, respectively, and to provide for the election of the chief of police by the mayor and council. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is so enacted by authority of the same, That section 1 of the Act approved September 29, 1887, and entitled an Act to amend section 9 of an Act to amend the charter of the city of Dalton, approved October 5, 1885, be, and the same is, hereby amended by changing the salary therein allowed to be paid to the clerk to seven hundred dollars, and the salary allowed to be paid to the marshal or chief of police to the sum of six hundred dollars, so that said section, when amended, shall read as follows: That the compensation of all officers provided for by the charter of said city shall be fixed by the mayor and council, the salary of the mayor not to exceed three hundred dollars; that of the members of the council not to exceed one hundred dollars each; that of the clerk not to exceed seven hundred dollars; that of the treasurer not to exceed one hundred dollars; that of the marshal

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not to exceed six hundred dollars, and in addition to the salary so fixed that the marshal shall be entitled to such costs in cases as shall be allowed him by ordinance as is now allowed the sheriffs and constables of this State for like services; such costs in no case to be paid out of the treasury, but only to be paid when collected from persons convicted in all cases tried before the mayor or three members of the council of said city. Dalton, salary of clerk and marshal. SEC. 2. Be it further enacted by the authority aforesaid, That the Act approved December 9, 1896, and entitled an Act to amend an Act entitled an Act to amend the charter of the city of Dalton, approved October 5, 1885, and for other purposes, be amended by striking from the second line of section 2 the words a marshal, and by inserting in the third line of said section after the words of said city, the words and by the mayor and council a marshal of said city, so that said section, when so amended, shall read: That there shall be elected biennially by the qualified voters of the said city of Dalton a clerk and a treasurer of said city, and by the mayor and council a marshal of said city, who shall hold their offices for a period of two years from the date of their installation and until their successors are elected and qualified, unless sooner removed for cause by the mayor and council of said city. The said officers shall give the bonds, take the oaths, discharge all the duties, and be subject to all the liabilities prescribed for their respective offices by the charter of the said city and the ordinances of the city council not inconsistent therewith. The first election for the officers mentioned herein shall be held the second Wednesday in December, 1896, and biennially thereafter. Clerk and marshal, election of. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, repealed. Approved December 17, 1902.

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DAWSON, SALARY OF MAYOR. No. 11. An Act to amend the charter of the city of Dawson, so as to reduce the salary of the mayor of said city to the sum of three hundred dollars per annum. 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 the sixteenth section of the charter of the city of Dawson, as found on page 409 of the Acts of the General Assembly of Georgia for the session of 1882-3, and as amended by the Acts of the General Assembly of Georgia, found on page 527, section 2, volume 2, for the session 1890-1, approved September 1, 1891, be, and the same is, hereby amended by striking out of the second line of said amended section the words five hundred, and inserting in lieu thereof the words three hundred, so that said section, when amended, shall read as follows: Be it further enacted, That the mayor of said city shall receive a salary of three hundred dollars per annum, to be paid out of the funds and taxes of said city. The aldermen of said city shall each receive the sum of fifty dollars per annum for their services, said amount to be paid in the same manner as the salary of the mayor. Dawson, salary of mayor. 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 November 25, 1902.

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DEEPSTEP, TOWN OF, CHARTER AMENDED. No. 164. An Act to amend an Act to incorporate the town of Deepstep, in the county of Washington; to confer certain powers upon said town and the officers thereof; to provide for the appointment of officers of said town, and the election of their successors, and for other purposes connected therewith, approved December 15, 1900, by amending section 1 of the above recited Act by striking the words beginning at a certain pine where the branch intersects Deepstep creek, thence one and one half miles, running north of said creek to a pine to be hereinafter designated by the officers of said town, as are hereinafter provided for, thence east to the residence of N. F. Andrews, a distance of one and one half miles, thence south to W. H. Prince's residence, one and one half miles, thence west one and one half miles to the beginning point, said territory being embraced in said square, and ete, and inserting in lieu thereof the words all that territory embraced within a radius of three quarters of a mile from the intersection of the Linton road with the Sandersville and Milledgeville road, at the store of L. A. Gladin; and to amend section 7 of said Act so as to provide that the mayor or acting mayor shall have authority to punish all violations of the town ordinances of Deepstep 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. 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 section 1 of the above recited Act, to wit: an Act to incorporate the town of Deepstep, in the county of Washington; to confer certain powers upon said town and the officers thereof; to provide for the appointment of officers of said town and the election of their successors, and for

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other purposes connected therewith, approved December 18, 1900, be, and the same is, hereby amended by striking out all the words in said section 1 following the word beginning, in the sixth line thereof, and substituting therefor the words all that territory embraced within a radius of three quarters of a mile from the intersection of Linton road and the Sandersville and Milledgeville road at the store of L. A. Gladin. Deepstep, town of, corporate limits extended. SEC. 2. Be it further enacted by the authority aforesaid, That section 7 of said Act be, and the same is, hereby amended by adding to the end of said section the following: 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 guard-house; he shall have cognizance of all the offenses against the ordinances of the town, and may punish violators 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 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 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. SEC. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902. DOERUN, TOWN OF, CHARTER AMENDED. No. 188. An Act to amend the charter of the town of Doerun, county of Colquitt, State of Georgia, approved 22d day of December, 1899. 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 paragraph three (3), section three (3) of said Act be amended by striking out the words election ordered, appearing in the fifth line of said paragraph, and inserting in lieu thereof

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the following: That all vacancies for unexpired terms in the office of councilman be filled by election by the remaining councilmen, from among the eligible citizens of said town, and the mayor pro tem. be made mayor in case of the death, removal, resignation or abandonment of the office by the mayor, so that said paragraph, when amended, will read as follows: Said managers shall also furnish the mayor and councilmen one of the tally-sheets of said election, certified by themselves as correct. In the event that the mayor, or any member of the town council die, resign, abandon or be removed from office, such vacancy for the unexpired term in the office of councilman shall be filled by the election of the remaining council from among the eligible citizens of said town, and that the mayor pro tem. shall be made mayor in case of the death, removal, resignation or abandonment of the office by the mayor. Doerun. Mayor and councilmen, vacancies. SEC. 2. Be it further enacted by the authority aforesaid, That it shall be the duty of said clerk or treasurer of said town of Doerun to open a registration book thirty (30) days before any 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. to 12 o'clock m., and from 2 o'clock p.m. until 5 o'clock p.m. each day, except Sunday and legal holidays, until ten days before the election, when said books shall be finally and absolutely closed. It shall be the duty of said clerk or 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, and have paid all taxes due the town of Doerun and State and county taxes, and who, upon the day of election, if then a resident, and shall have resided in said town for sixty days prior next thereto, to register the names of such persons, recording on such lists beside the applicant, his age, color and occupation. Said clerk or treasurer shall not knowingly permit any person to register who is not lawfully entitled, and may in any case before registering the applicant administer to him the following oath: You do solemnly swear that you are a citizen of the United States; that you have resided in Georgia twelve months, in the county of Colquitt for six months, and in the town of Doerun sixty days next preceding this election, or that by the date of the next town election, if still a resident of said town, you will have filled these condition; that it is your intention to remain a resident of said town until the date of the election for which this registration is taken; that you are twenty-one years old, and have paid all taxes due the town of Doerun,

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and all State and county taxes, and that you have made all the returns required for you by the laws of this State, and the ordinances of the town of Doerun; so help you God. Registration of voters. SEC. 3. Be it further enacted by the authority aforesaid, That it shall be the duty of all persons residing in said town, or owning property therein of any kind, either real or personal, or both, by the first day of February in each year, to make a true and accurate return thereof for taxation to the authorities of said town, and the mayor and council shall have the right to supervise all the returns thus made, and fix a just value to the property, and to impose a double tax upon all parties failing or refusing to make returns of this property. Tax returns. SEC. 4. Be it enacted by the authority aforesaid, That said mayor and council 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 among the eligible citizens of said town, and the clerk of said town may be made treasurer, if the town council may see fit so to do. In like manner they shall elect a marshal for said town, either from among the citizens of said town or any other person they may see fit to elect. The clerk and treasurer and the marshal shall each make and give to the mayor a bond in an amount to be fixed by the mayor and council, and to be approved by them, and made payable to the mayor and council of said town of Doerun and their successors in office. Said bond shall be executed and approved before entering upon the discharge of their duties as such officer. Clerk, treasurer and marshal. SEC. 5. Be it further enacted by the authority aforesaid, That said clerk and treasurer and the said marshal shall each receive such salaries as the mayor and council may fix and deem just and proper, and remain so during their continuance in office, or until their successors are elected and qualified; and that the mayor's salary shall be fixed by the council, and he shall receive such compensation as they may deem right and proper. All of said salaries shall be fixed at the first regular meeting after being sworn in as such mayor and council, and that no councilman shall receive any compensation from the town treasurer, as services rendered as councilman directly or indirectly, during their term of office, except that they may be exempt from working public streets, or paying a tax in lieu thereof, if they desire to be relieved of said duty. Salaries. SEC. 6. Be it further enacted by the authority aforesaid, That said mayor, marshal, clerk and treasurer shall receive no fees of

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any kind, or compensation, for their services, except the salaries fixed by said mayor and council; provided, that if the clerk should be required to furnish a copy of the records in said town, then he shall receive fifteen cents per hundred words copied by him. Fees. SEC. 7. Be it enacted by the authority aforesaid, That it shall be the duty of the marshal of said town to levy all executions in favor of said town, for taxes and fines, and advertise and sell the property levied upon 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 in this State, and perform such other police duties as may be prescribed by the mayor and council; provided, however, he may sell personal property so levied under same rules and regulations as govern constable sales. Marshal, duties and powers. SEC. 8. Be it further enacted by the authority aforesaid, That there shall be a mayor's court in said town for the trial of all offenders against the laws and ordinances of said town, to be held by the mayor in the council chamber of said town as often as is necessary. In the absence or disqualification of the mayor, the mayor pro tem. shall hold said court; any one of the aldermen may hold said court. Said court shall have 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. Mayor's court. SEC. 9. Be it further enacted by the authority aforesaid, That the said town council of the town of Doerun shall have power to lay off, vacate, close, open and 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 over 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 kept in good order, free and clean by the owner and occupant thereof, or of the real property adjacent thereto; to establish and regulate, 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 the town of Doerun; 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, is injurious to health; to regulate the keeping of gunpowder, and other

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combustibles; to provide in or near the town of Doerun places for the burial of the dead, and to regulate interments therein; to provide for the building of houses, or other structures, and for the making of division-fences by the owner of adjacent premises, and 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 the person of the citizens of the town of Doerun, and 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 to fix their compensation, require and take from them bonds when deemed necessary, payable to the mayor and council of the town of Doerun, with such securities and penalties as the council may see fit, conditioned for the faithful discharge of their duties; to [Illegible Text] or authorize or prohibit the erection of gas works or water-works in said town; to prevent injury to or pollution of the same, as 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 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, carry into effect these [Illegible Text] powers, and all others conferred upon the town of Doerun or its council. The council shall have power to make and pass all needful orders, by-laws, ordinances, resolution, rules and regulations not contrary to the Constitution and laws of this State, and to prescribe, impose and enact reasonable fines, penalties and imprisonments for a term not exceeding thirty days for the violation thereof. Streets, etc. Police powers. SEC. 10. Be it further enacted by the authority aforesaid, That the council shall be presided over at its meetings by the mayor, or in his absence by one of the council present, and a majority of the council shall be necessary to form a quorum for the transaction of business. The council shall cause to be kept in a well-bound book an accurate record of all its proceedings, by-laws, acts, ordinances and resolutions, which shall be fully indexed and open to the inspection of any one who is required to pay taxes in the town of Doerun. At such meetings of the council the proceedings of the last meeting shall be read and corrected, if erroneous, and signed by the presiding officer. Upon the call of any member of the years and nays on any question, their names shall be taken and

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recorded on the journal. The mayor, in case of a tie, shall have the casting vote. Council, presiding officer of. Minutes of. SEC. 11. Be it further enacted by the authority aforesaid, That said mayor and council shall have full power and authority to prescribe by ordinances adequate penalties for all offenses against the ordinances of said town not hereinbefore provided for, and to punish offenses by imprisonment in the guard-house of said town or to work on the chain-gang of said town, not exceeding thirty days, or a fine not exceeding fifty 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 town 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. Punitive powers. SEC. 12. Be it further enacted by the authority aforesaid, That the mayor and councilmen shall have the right to establish a chain-gang for said town for the purpose of working the streets, drains, or any other work with convicts of said town; and in case any person escapes, or attempts to escape from said chain-gang, charges shall be preferred against him and he may be tried in the mayor's court for said offense, and on conviction thereof the mayor may sentence said offender as afore prescribed by this Act. Chain-gang. SEC. 13. Be it further enacted by the authority aforesaid, That the town [Illegible Text] of Doerun shall cause to be made up annually and entered upon its journal an estimate of all sums which are or may be lawfully chargeable against said town, and which ought to be paid within one year, and it shall order a levy of so much as may, in its opinion, be necessary to pay the same; the levy so ordered shall be upon all the real and personal property in said town of Doerun, subject to State and county tax; provided, that the tax so levied shall not exceed one dollar upon every one hundred dollars of the value thereof. Ad valorem tax. SEC. 14. Be it further enacted by the authority aforesaid, That the town council of Doerun shall have power to license and regulate the sale of liquor and the management of barrooms, saloons, hotels and boarding-houses, livery stables, private and public transportation through or in the town of Doerun, and in addition to the ad valorem tax provided for by law, to levy a special tax on all billiard-tables, tenpin-alleys, ninepin-alleys, and tables and alleys of any other kind used for the purpose of playing on with pins or balls, or both, and upon all contrivances of whatever

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kind used for the purpose of gaming or carrying on a game of chance, by selling cards, tickets or numbers, or by turning a dial or wheel, or by using any other artifice or contrivance; also upon all dogs in the town of Doerun. They shall also have power to tax all shows taxed by the laws of this State, which may exhibit within the corporate limits of said town, which tax may be collected, if not voluntarily paid, by execution, levy and sale, as provided for the collection of taxes under the general law, and said council shall have full power to pass all ordinances necessary to carry into effect these provisions. Specific taxes. SEC. 15. Be it further enacted by the authority aforesaid, That the town council of Doerun shall have the authority to enforce the collection for the amounts that may be due them for expenses incurred for cleaning or repairing privies located on private lots in said town by execution, to be issued by order of said council against the person or corporation by whom said debt may be due, which shall be levied by the marshal on the real estate of the owner or owners, and after proceeding as in cases for sales for town taxes the same may be sold at public outcry. Debts due town, how collected. SEC. 16. Be it further enacted by the authority aforesaid, That if the person authorized by the town council of Doerun to collect the taxes due said town can find no property of the defendant upon which to levy an execution, he shall make an entry to that effect upon said execution and may then issue summonses of garnishment against any person whom he may believe is indebted to the defendant, or who may have property, money or effects in his or her hands without making an affidavit or giving bond; said summons of garnishment shall be served by the treasurer or tax-collector or marshal of the town of Doerun, the sheriff or any constable of the county in which garnishee may reside, at least fifteen days before the sitting of the court to which said garnishment is made returnable; the person authorized to collect said taxes shall enter upon the execution the name of the person granisheed and return the execution of said court, and the subsequent proceedings shall be the same as on garnishments in cases where judgment has been obtained. Taxes, how collected. SEC. 17. Be it further enacted by the authority aforesaid, That whenever a sale of realty or personalty for taxes or liens due the town of Doerun, by its marshal, if no one present shall bid for the property put up to be sold for said taxes or liens for which it is proposed to sell the same, and the costs, if any due thereon, after said property shall have been cried a reasonable length of

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time, any duly appointed officer or agent of said town may bid off said property for the town of Doerun, and the marshal making said sale shall make to the town of Doerun a deed to the property so sold and deliver the same to the officer or agent as designated by said town to purchase the same; the title acquired by said town at such sale shall be perfectly valid and binding, except as is hereinafter provided in the following section. Town may buy at its own sales. SEC. 18. Be it further enacted by the authority aforesaid, That whenever any real estate is sold to satisfy a tax fi. fa. or a lien in favor of said town, the owner thereof shall have the privilege of redeeming said real estate thus sold within one year by paying the purchaser the amount paid by said purchaser for said realty with 10 per cent. thereon. Redemption of property sold for taxes. SEC. 19. Be it further enacted by the authority aforesaid, That whenever the mayor and council of Doerun, or any governing body of said town, during whose term of service such sale shall take place and said town shall become a purchaser as referred to in the preceding section, no subsequently elected or appointed governing body shall be capable of diverting, alienating the title of said town of Doerun to any property so purchased, except at public sale of the same to the highest bidder. Disposition of property bought at tax sale. SEC. 20. Be it further enacted by the authority aforesaid, That no councilman of the town of Doerun shall be competent to hold any other municipal office in said town during the term of office for which he or they were elected. Any councilman of the town of Doerun appointed during his term to any other municipal office shall resign before being eligible to enter upon the duties of the office to which he has been appointed or elected. Eligibility of councilmen. SEC. 21. Be it further enacted by the authority aforesaid, That no person holding office in the town of Doerun shall, during the term for which he was elected or appointed, be capable of contracting with the town of Doerun for the performance of any work which is to be paid for out of the treasury, nor shall any such person be capable of holding or having any interest in such contract, either by himself or by another, directly or indirectly. Municipal contracts. SEC. 22. Be it further enacted by the authority aforesaid, That the question of extending the limits of the town of Doerun shall be submitted to the voters of the district to be included, and if two thirds of said voters vote for the extension, the same may be made. Election for extension of corporate limits. SEC. 23. Be it enacted by the authority aforesaid, That it shall

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be necessary to have read in regular session of the town council three times all proposed ordinances before they shall be voted upon by said mayor and councilmen; provided, that at the first reading of the said proposed ordinance, it may again be 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, or at two regular meetings as above stated; and provided further, that no ordinance passed by said mayor and council shall be operative until it has been published in the official organ of said town, or being posted in three or more public places in the corporate limits of said town. Ordinances, how adopted. SEC. 24. Be it further enacted by the aforesaid authority, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved December 18, 1902. DUDLEY, TOWN OF, INCORPORATED. No. 167. An Act to incorporate the town of Dudley, in the county of Laurens; to define the corporate limits thereof; to provide a municipal government for said town; to confer certain powers and privileges on the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the town of Dudley, in the county of Laurens, be, and the same is, hereby incorporated as a town under the name of the town of Dudley. The corporate powers of said town shall be vested in a mayor and five councilmen, and by the name of the mayor and council of the town of Dudley they may sue and be sued, plead and be impleaded, and exercise all other corporate powers that may be necessary in performing their duties. Dudley, town of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall be one mile square from a center at the intersection of Field and Second streets of said town. Corporate limits. SEC. 3. Be it further enacted by the authority aforesaid, That T. H. Hooks be, and he is, hereby appointed mayor, and I. J. Duggan, W. J. Gilbert, W. R. Cook, Felix Bobbitt and R. J. Chappell be, and they are, hereby appointed councilmen of said town of Dudley, to hold their offices until the first annual election, as hereinafter provided, and their successors are qualified. Mayor and councilmen.

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SEC. 4. Be it further enacted, That an election shall be held in said town on the first Wednesday in July, 1903, and annually thereafter, for a mayor and five councilmen to serve for one year and until their successors are elected and qualified, said election to be held in said town under the supervision of a justice of the peace and two freeholders, residents of said town, or under the supervision of three freeholders, all of whom shall be residents of said town. The polls shall be opened by 9 o'clock a.m., and closed at 3 o'clock p.m., standard time. No one shall be entitled to vote in said election, or any municipal election in said town, unless he is a duly registered voter of said town; said 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 tally-sheets need be kept, and except also as hereinafter provided. Election for mayor and councilmen. SEC. 5. Be it further enacted, That the clerk of said town shall be ex officio registrar of said town, and shall open his books of registration ten days before each regular or special election for the registration of qualified voters of said town, which book or books shall be kept open from 9 o'clock a.m. till 5 o'clock p.m. each and every day except Sundays and legal holidays, until five days before the election, when said books shall be closed. When applying for registration each and every person shall take and subscribe the following oath, which said clerk is hereby authorized to administer: 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 within the State of Georgia for the past twelve months, and in the county of Laurens 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, and that you have never been convicted of a felony or larceny; that you have resided within the corporate limits of the town of Dudley for the past sixty days, and have paid all taxes legally required of you, and have considered this town your home for that length of time; so help you God. Said registrar shall furnish the superintendents of elections with at least one copy of said lists alphabetically arranged before time for opening the polls. Registration of voters. Registration oath. SEC. 6. No one shall be eligible to the office of mayor or councilman who is not registered as a voter of said town; that the superintendents of such election shall declare those persons receiving the highest number of votes for mayor and councilmen duly elected, and furnish a certificate to that effect; shall return one tally-sheet and list of voters with the ballots, under seal to the town clerk, and the other tally-sheet and list of voters to the ordinary

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of Laurens county. The person so elected must, within ten days from their election, 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. Result of election, how declared. SEC. 7. Be it further enacted, That in case of vacancy in the office of mayor, the councilmen shall elect one of their number for the unexpired term, and in case of a vacancy in the board of councilmen, the remaining members shall elect a citizen of said town to fill such vacancy for the unexpired term. Vacancies. SEC. 8. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have power at any regular meeting to elect a clerk, treasurer, marshal or policeman, and such other officers as they may deem necessary; to regulate the time, mode and manner of electing said officers, to fix their fees and salaries, take their bonds and prescribe their powers and duties. Municipal officers. SEC. 9. Be it further enacted by the authority aforesaid, That the mayor of said town, and in his absence the mayor pro tem. (who shall be elected by the councilmen from among 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 carried out; he shall have control of the police of the town, and may appoint special police whenever he may deem necessary, and it shall be his duty to see that peace and good order are preserved, and 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; he shall be ex officio a justice of the peace, and shall have full power and authority to issue warrants for the arrest of any person charged with the commission of an offense against the laws of the State within the limits of said town, hear testimony as to their guilt or innocence, to fine, commit to the jail of said county, or require bond with good and sufficient security (if the offense is a bailable one) for the appearance of the accused before any court authorized by law to try and determine the case. Mayor, executive powers. Mayor's court. SEC. 10. 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. Specific taxes.

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SEC. 11. Be it further enacted, That the said mayor and councilmen shall have the power to levy and collect a tax not exceeding one half of one per cent. upon all property, both real and personal, within the corporate limits of said town, and the same may be enforced by execution issued by the clerk in the name of the mayor, and by sale of property as in sales of property liable to State and county taxes; all levies of tax executions to be made by the marshal or his deputies, and to be conducted as sales by the sheriffs of this State in case of levy of tax executions. They shall also have power to require all persons within said corporation who are subject to road duty under the laws of this State to work on the streets of said town, or they may prescribe a commutation tax which may be paid in lieu of work upon the streets. Ad valorem tax. Street work or commutation tax. SEC. 12. Be it further enacted, That said mayor and councilmen shall have full power and authority to make, ordain and enforce all such by-laws, rules, ordinances and regulations as may appear to them necessary and proper for the security, welfare and interest of said town of Dudley. General welfare. SEC. 13. Be it further enacted, That there may be an appeal from the decision of the mayor to the board of councilmen in all cases, and the majority of said board shall be sufficient to hear such appeal, but there may be certiorari to the superior court in all cases from the decision of either the mayor or board of councilmen. The appellants, before appealing, may pay all costs, or file an affidavit that owing to his poverty he is unable to pay the costs. Appeal and certiorari. SEC. 14. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902.

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EAST POINT, TOWN OF, CHARTER AMENDED. No. 157. An Act to amend an Act to provide a new charter for the town of East Point, in the county of Fulton, approved September 8, 1891, so as to provide a school board for said town, and define its duties; to change the terms of office of members of the common council, so that three members thereof shall be elected each year; to give the common council authority to increase the present tax rate by levying annually an ad valorem tax in any sum not to exceed seven and one half mills on the dollar, 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 an Act to provide a new charter for the town of East Point, approved September 8, 1891, be, and the same is, hereby amended by striking out the word fifty, in the ninth line of the fifth section of said Act and inserting in lieu thereof the words seventy-five, so that section of said Act, when amended, shall read as follows: Be it further enacted, That the common council of the said town of East Point shall cause to be made up annually and entered upon the minutes of said common council an accurate estimate of all sums which are or may be lawfully chargeable in said town, and which ought to be paid within one year, and said common council shall have power to levy and collect taxes to such an amount as may be necessary to pay the same. All real and personal property within the incorporate limits of said town shall be subject to taxation, but the tax levied thereon shall not exceed seventy-five cents on every one hundred dollars of the value thereof. For the purpose of fixing the value of property within said town for taxation, the common council may appoint, when necessary, three discreet persons who shall take and subscribe an oath fairly and justly to assess the value of said property, and it shall be the duty of such persons to report to said common council, as soon as may be, the value of the real and personal property owned by each and every person within said town on the first day of April of the year for which the assessment is made, and the value of said property, fixed by the assessors as aforesaid, shall be the value at which said property shall be taxed; but any person who may be dissatisfied with the return of the assessors as to his or her property shall have an

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appeal to the common council, which, upon a hearing, shall have the power to reduce said assessment to such figures as shall be just in the premises. There shall be a lien on real estate within said town for the town taxes assessed therein and for all other fines and penalties assessed or imposed upon the owners thereof by the authorities of said town from the time they are assessed or imposed, which shall have priority over all other liens except the lien of the State and county for taxes, and may be enforced in the same manner as now prescribed by law for the enforcement of the lien for county taxes, or in such other manner as the common council of said town may by ordinance prescribe. East Point, town of. Taxing power. SEC. 2. Be it further enacted by authority of the same, That from and after the passage of this Act there shall be, and the same is, hereby established in and for the said town of East Point a school board, whose powers and duties shall be as hereinafter defined. Said board shall consist of three discreet male citizens, who are residents of said town, to be chosen and elected by the common council of said town. The first election for members of said board shall be held by said common council on the first Tuesday in February, 1903, or as soon thereafter as practicable, at which election one member of said board shall be elected to serve until the first Tuesday in February, 1904, another member shall be elected to serve until the first Tuesday in February, 1905, and another member elected to serve until the first Tuesday in February, 1906; and after the first election said common council shall annually, on the first Tuesday of February, or as soon thereafter as practicable, elect one member of said board, whose term of office shall be for three years reckoned from the first Tuesday in February of the year in which he is elected, and each member shall hold office until his successor is elected and qualified, and no person who holds any other municipal office shall be eligible as a member of said board, and all vacancies occurring in said board shall be filled by an election held by the said common council for that purpose. The members of said board shall not receive any compensation for their service. School board, election of. Vacancies. SEC. 3. It shall be the duty of said board to make to the common council monthly reports, showing the condition of all school property and repairs needed, the condition and progress of the public schools of said town, the conduct and competency of all teachers employed therein, and with said reports, from time to time, to make such recommendations to the common council as may seem proper concerning the rules and regulations for said schools, the best text-books to be used therein, the repairs needed

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on the school property and suitable teachers to be employed by the common council, and to make any and all other recommendations concerning said public schools which, in its judgment, the said board may deem proper. While said board shall, in its nature, be an advisory one, the common council, from time to time, may, in its discretion, refer any or all matters concerning said public schools to said board, with power to act, in which event the action of the board shall be binding on said town. But the common council of said town may, by ordinance, increase or diminish the powers and duties of said board, and increase or diminish the number of members thereof, and may change their terms of office and time of election, and prescribe the oath to be taken by the members thereof, and may also, in same manner, provide for the organization of said board with a chairman, secretary and treasurer, and prescribe the bond to be given by said treasurer before entering upon his duties. Reports of board to council, and relative powers. SEC. 4. Be it further enacted by authority of the same, That from and after the passage of this Act the terms of office of the aldermen of the said town of East Point shall be changed in the following manner, to wit: At the next regular election held in and for said town for mayor and aldermen, three aldermen shall be elected for one year and three shall be elected for two years, and annually, after said election, three aldermen shall be elected, whose terms of office shall be for two years reckoned from the first Tuesday in February of the year in which they are elected; but each alderman shall hold his office until his successor is elected and qualified. In every other respect said elections shall be held on the same day and in the same manner as now prescribed by law. Official terms of 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. Approved December 17, 1902.

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EDGEWOOD, CITY OF, NEW CHARTER FOR. No. 16. An Act to provide a new charter for the town of Edgewood, in the county of DeKalb; to change the name of the same to City of Edgewood; to define the corporate limits thereof; to provide a municipal government for said city; to confer certain powers and privileges on the same; to establish a system of public schools for said city of Edgewood; to authorize the issue and sale of bonds; to purchase the necessary land to build the necessary schoolhouses for the same, said bonds to be to the amount of ten thousand dollars; to provide for the support and maintenance of said schools by taxation and otherwise; to create a board of education therefor; to authorize and require the State School Commissioner to pay to the said board of education their pro rata share of the State school fund for children residing in said limits; and to provide that said Act shall go into effect upon its adoption by a two thirds vote of the qualified voters of said city voting at a special election held for said purpose, 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 Edgewood, approved on the ninth day of December, 1898, be, and the same is, hereby repealed, and in lieu thereof the following new charter or Act is enacted, providing a new charter for said town. Edgewood, town of, charter repealed. SEC. 2. Be it enacted by the General Assembly of the State of Georgia, That the city of Edgewood, in the county of DeKalb, be, and the same is, hereby incorporated as a city under the name of city of Edgewood. Edgewood, city of, incorporated SEC. 3. Be it enacted, That the corporate limits of said city shall be as follows: Beginning at the northwest corner of land lot 240, in the 15th district of DeKalb county, on the line between the counties of DeKalb and Fulton, and running thence south along the county line 6886 feet, thence east 5905 feet, thence north seven degrees and thirty minutes east to a point 200 feet north of McLendon street, thence westerly parallel with said street to the east line of Mell avenue, thence north to Arnold street, thence west to cast line of Mayson avenue, formerly Smith street, thence north along Mayson avenue to the Decatur turnpike, thence westerly in a straight line to the beginning point. Corporate limits.

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SEC. 4. Be it further enacted, That the municipal government shall consist of a mayor and five aldermen, who are hereby constituted a body corporate under the name and style of the city of Edgewood, and by that name and style shall have perpetual succession and authority 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 city of Edgewood in perpetuity, or for a term of years any estate, real or personal, within the limits of said city, and to sell, exchange, or lease the same in any way whatever. Mayor and aldermen. SEC. 5. Be it further enacted, That on the second Wednesday in January, 1903, and annually thereafter for aldermen, and biennially thereafter for mayor, an election shall be held in said city, the mayor to hold office two years, and the aldermen, after first election, shall hold office two years, but at the first election two of the aldermen shall be chosen for one year and the other three for two years; the term of office of each and all elected to begin with the first Monday in February after their election. Said election shall be held and conducted in the same manner as the 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 office to which they have been elected. Elections for mayor and aldermen. SEC. 6. Be it further enacted, That the qualified voters of said city shall be all such persons as are qualified to vote for members of the General Assembly for said county, and who have bona fide resided in said city for six months previous to the election whereat they shall offer to vote. Electors. 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 person in the State authorized to administer oaths: I do solemnly swear, or affirm, that I will faithfully discharge all the duties incumbent upon me as the mayor (or alderman) of the city of Edgewood, according to the best of my ability; so help me God. SEC. 8. Be it further enacted, That said mayor and aldermen shall have power and authority to elect a marshal and clerk, and such other officers as may be necessary and authorized by ordinances, and to prescribe the duties of such officers and require of them such bond as they may deem necessary; but no salary whatever shall be paid to said mayor or aldermen, or other officers, except

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the marshal, who shall act as clerk, tax-receiver and tax-collector. Municipal officers. SEC. 9. Be it further enacted, That said mayor and aldermen shall have the power to make and pass all ordinances, by-laws, rules and regulations that may seem necessary for the government, peace, order and health of said city, and for the enforcement of all powers herein granted; provided, that they are not repugnant to the laws of the State of Georgia or of the United States. General welfare. SEC. 10. Be it further enacted, That said mayor and aldermen shall have the power to levy a tax not to exceed one half of one per cent. on all property, real and personal, subject to the State tax, within the corporate limits of said city, for the purpose of paying the expenses of the city and of the system of public schools hereinafter provided for. There shall be elected at the same time and in the same manner as the election of mayor and aldermen, three tax-assessors, who shall serve one year, and who shall take the same oath as the mayor and aldermen. At the first election one tax-assessors shall be elected for one year, one for two years and one for three years, but after the first election the term of office of said tax-assessors shall be one year. Said taxassessors shall have the power and authority to assess for the purpose of taxation all the real estate in said city at its fair market value. Said mayor and aldermen shall also have the power and authority to require all persons subject to road duty under the laws of this State to work on the streets and sidewalks of said city, but they may receive in lieu of said work such commutation fee as said mayor and aldermen shall prescribe. Ad valorem tax Taxassessors. Street work or commutation tax. 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 city, by fine, imprisonment or work on the streets of said city; provided, said fine shall not exceed one hundred dollars ($100), and such imprisonment or work on the streets shall not exceed thirty days, and either or all of said penalties may be imposed in the discretion of the mayor or mayor pro tem. Punitive power. SEC. 12. Be it further enacted, That said mayor and alderment shall have power to elect a mayor pro tem., who shall perform all the duties of the mayor when, for any cause, he can not be present to execute the duties of his office; also to fill any vacancy that may occur in the office of mayor or aldermen, or any subordinate office of said city. 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

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of all taxes, moneys and fines due said city, by execution to be issued by the mayor and executed by the marshal thereof. Taxes and other dues, how collected. SEC. 14. Be it further enacted, That the mayor or mayor pro tem. shall have 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 city. Mayor's court. SEC. 15. Be it further enacted, That the mayor and aldermen shall be forever prohibited from granting license in any form for the sale of spirituous, vinous, malt or other intoxicating liquors within the said city of Edgewood; also they shall be prohibited from allowing tenpin-alleys, billiard or pool-tables, and from allowing any other like devices and contrivances used for the purpose of gaming or carrying on any other game of chance, by selling cards, tickets or numbers, or by using any other article or contrivance. Liquor, sale of, and gaming prohibited. SEC. 16. Be it further enacted, That the mayor of said city shall be the chief executive officer; he shall see that the ordinances, by-laws, rules and regulations of the council are faithfully executed; he may appoint special police when he may deem it necessary, of whom he shall have full control; he shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and in default of such immediate payment, he may imprison the offender in the guard-house of said city or the county jail of DeKalb county not exceeding thirty days, or sentence him to labor on the public streets of the city for a period not exceeding thirty days, and any one or all of the above penalties may be imposed, in the discretion of the mayor. Mayor, executive powers. 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 city, and shall have exclusive jurisdiction over all the schools established under said system, and shall have authority to modify the same from time to time, as circumstances may require; to establish such schools as they may deem proper, not less than one for the white race and one for the colored race; no white child shall attend a school for colored children, and no colored child shall attend a school for white children; and to appoint, remove or suspend teachers, in their discretion; to fix salaries for teachers; to prescribe a curriculum or course of study; to make such by-laws, rules and regulations for the control and government of said schools as they think proper, and to do all lawful

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acts conducive to the proper and successful operation of said school system. Public schools. SEC. 18. Be it further enacted, That it shall be the duty of the said mayor and aldermen to have prepared and furnished the State School Commissioner each year a list or census of all the pupils residing in said city entitled to the State school fund, and said State School Commissioner shall pay over to the said mayor and aldermen such proportion of said educational fund as said pupils are entitled to under the rules of distribution. Public school fund, pro rata share. SEC. 19. Be it further enacted, That for the purpose of enabling the said city of Edgewood to purchase sites for and erect and complete school buildings, to equip and furnish same with suitable furniture, apparatus, etc., the mayor and aldermen of said city are authorized to issue bonds of said city, not to exceed the amount of ten thousand dollars ($10,000), to run not to exceed thirty (30) years, bearing interest not to exceed five (5) per cent. per annum, the interest to be paid annually at such place or places as shall be named by said mayor and aldermen of said city. Said bonds shall be in denominations, or par value, of one hundred dollars ($100) each, payable in gold coin of the United States of the present standard of weight and fineness. All to have interest coupons attached and to be signed by the mayor of said city and countersigned by the treasurer of said city. 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, and the principal and interest of said bonds shall be paid at maturity by the treasurer of said city out of the public funds of said city in his hands as treasurer. School bonds. SEC. 20. Be it further enacted by the authority aforesaid, That the corporate limits of the city of Edgewood be, and they are, hereby extended for the purpose of police protection only so as to include therein the tracks of the Georgia Railway and Electric Company from where its line crosses the boundary between Fulton and DeKalb counties on the south side of the right of way of the Georgia Railroad, and extending thence along the said right of way and 500 feet on each side thereof to East End and to East Lake, including the pleasure resort at East Lake, and land lots 181, 182 and 204, in the 15th district of DeKalb county; and the general council of the city of Edgewood is hereby authorized to empower the conductors of said street railroad and the employers or the owners or lessees of East Lake as special marshals of Edgewood and under the government of said city, but without expense

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to said city, and to provide by ordinance for the preservation of order within the limits included in this extension, and for the trial and punishment of violations of the municipal ordinances of said city in the limits above set out, in the mayor's court thereof. Police limits. SEC. 21. Be it further enacted, That this Act shall go into effect and become operative upon its adoption by a two thirds vote of the qualified voters of said city of Edgewood, at a special election to be held for that purpose on the first Wednesday in January, 1903, which election shall be held in the same manner and under the same rules as elections for mayor and aldermen under 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 one; and in said special election those voting for the adoption or ratification of this Act shall have upon their ballots the words For bonds and adoption, and those voting against the adoption or ratification of this Act shall have the words Against bonds and adoption. In the event that two thirds of the qualified voters of said city of Edgewood shall vote in favor of the adoption of this Act, it shall, upon the certificate of such result by the election managers, go into effect and become operative. If this bill shall fail of adoption at the first election it may be again submitted to a vote at another election to be held one year from the first election, and thereafter annually if recommended by the mayor and council of the town of Edgewood. Election for bonds and adoption. SEC. 22. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, repealed. Approved December 2, 1902. EDISON, TOWN OF, INCORPORATED. No. 60. An Act to incorporate the town of Edison, in the county of Calhoun, and to provide for the election of a mayor and council for said town; to define their powers and duties; to provide penalties for violation of all ordinances of said town, and to prohibit the sale of all malt, vinous or intoxicating liquors therein, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the town of Edison, in Calhoun county, be, and the same is,

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hereby incorporated under the name and style of the town of Edison, by which name it shall sue and be sued, plead and be impleaded, and shall have a perpetual succession and a common seal, and shall be capable in law and in equity to purchase, have and hold, possess and retain for the use of the citizens of said town any estates, real and personal, of whatsoever nature or kind, within the jurisdictional limits of the town of Edison. Edison, town of, incorporated. SEC. 2. Be it further enacted, That the corporate limits of said town shall extend in every direction one half mile from where the Georgia, Florida and Alabama Railroad track crosses the Hartford public road, runing through said town. Corporate limits. SEC. 3. Be it further enacted, That the government of said town shall be vested in a mayor and four councilmen, who shall be elected as hereinafter provided. Mayor and councilmen. SEC. 4. Be it further enacted, That Henry Turner shall be, and is, hereby appointed mayor of said town, and Wm. T. Perry, Tilden Watkins, James M. Coleman and Joseph F. Wiggins be, and they are, hereby appointed councilmen of said town, to hold their offices until the election and qualification of their successors in office. Said mayor and councilmen and their successors in office are hereby created a body corporate with perpetual succession. They may have and use a common seal, may purchase, take, hold and possess, for the use and benefit of said town, real and personal property, and make all such contracts as they may deem necessary for the welfare of said town. SEC. 5. Be it further enacted, That on the second Saturday in January, 1903, and annually thereafter on the same day, an election shall be held in said town for the election of mayor and councilmen, four in number, at which election all male citizens of said town who shall have resided within the corporate limits thereof for thirty days previous to said election, and who are qualified to vote for members of the General Assembly of this State, shall be entitled to vote. Said election shall be under the same rules and regulations as govern elections for members of the General Assembly of this State. The managers shall give certificates of election to the persons receiving the highest number of votes, which certificates shall be recorded on the minutes of the council, and shall be the highest evidence of the election of said officers. Elections for mayor and councilmen. SEC. 6. Be it further enacted, That before entering upon their duties the mayor and councilmen shall take and subscribe the following oath: I do 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 Edison during my continuance in office; so help me

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God. Any officer authorized by law to administer oaths may administer said oath. The mayor and councilmen provided for in this Act shall hold their offices for one year and until their successors shall be elected and qualified, and in case of a vacancy in either office of mayor or councilman, then the councilmen shall elect a successor to fill said vacancy, who shall hold for the unexpired term. Oath of office. Term of office. SEC. 7. Be it further enacted, That said mayor and council shall have power to lay out streets and open new streets, lanes and alleys, and to change the same from time to time whenever necessary for the public good of said town, and may condemn and appriate for such use all real estate necessary for such purpose upon paying to the owner thereof reasonable compensation therefor, which shall be agreed upon by said mayor and council and such owner; and in case of a disagreement as to price the mayor and council shall select one appraiser, the owner of the real estate one appraiser, and these two shall select a third appraiser, which said appraisers shall assess the value of the real estate, and the sum so assessed shall be paid by the mayor and council; but either party dissatisfied with the judgment of the appraisers may, within ten days from the rendition of the judgment of said appraisers, enter an appeal to the superior court of said county, when the damage shall be assessed by a jury. Streets, etc. SEC. 8. Be it further enacted, That said mayor and council shall have power to provide such public buildings as may be necessary for the benefit of said town, and to pass such ordinances regnlating market-houses, private and public transportation through said town, public wells, to abate nuisances, public or private, suppress disorderly conduct, disorderly houses and houses of ill fame within said corporate limits, to prevent loud and boisterous conversation or language, quarreling, vulgar and obscene language upon the streets or other places of said town; to provide for paupers living in said town and to prevent paupers from being imposed on said town. Said mayor and council shall have power to pass all such by-laws and ordinances for the punishment of any person or persons for a violation of any and all of the foregoing offenses, or for any other offense that they may see fit to make punishable, not inconsistent with the Constitution and laws of this State; said punishment not to exceed imprisonment for twenty days or to work on the public streets of said town not to exceed thirty days, or a fine not to exceed fifty dollars, either or all of which may be imposed in the discretion of said mayor or said mayor and council; and it shall be the duty of the marshal of said town, or his deputies,

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whenever it shall come to their knowledge that any of the by-laws or ordinances of said town have been violated, to arrest the offenders and carry them at once before the mayor, and in his absence the mayor pro tempore, and in the absence of both, before a majority of the councilmen, who shall proceed to try said offenders on charges so preferred by the arresting officer, and should they be adjudged guilty the punishment for the offense charged shall be then and there pronounced, and shall be executed by the marshal or his deputies instanter. If it shall not be convenient for the marshal or his deputies to bring any person or persons arrested by them before the court immediately, they may temporarily imprison said person or persons until they can be tried, not to exceed twenty-four hours of imprisonment; and said marshal or his deputies shall have full power and authority to take bond for the appearance of said prisoners charged with violation of town ordinances, to answer such charge. In the event any person shall be dissatisfied with the sentence, judgment of the mayor, or mayor pro tem., he shall have the right of appeal to the council under such regulations as may be prescribed by the ordinances of said town. Public buildings. Police powers. Mayor's court. SEC. 9. Be it further enacted, That for the transaction of business, except as is otherwise provided in this Act, the mayor and three councilmen shall constitute a quorum of said board. SEC. 10. Be it further enacted, That said mayor and council shall have control over the roads, streets and alleys of said town, and it shall be their duty to keep the same in good order and condition, and for this purpose they shall have power to compel every person residing in said town, who is subject to road duty under the laws of this State, to work upon the streets of said town under the direction of the marshal for any time not longer than the number of days now fixed by law for working the roads of this State; or said mayor and council may fix a street tax for such sum as they see proper, that may be paid in lieu of working the streets, and such tax, when collected, shall be used in working the streets of said town. Streets, etc. Street work or commutation tax. SEC. 11. Be it further enacted, That the mayor and council shall annually elect at their first meeting a mayor pro tem., a treasurer, a clerk and a marshal, all to hold their offices under such rules and regulations as the council may adopt. Municipal officers. SEC. 12. Be it further enacted, That the mayor and council of said town shall have power to levy and collect an ad valorem tax not to exceed one half of one per cent. for the ordinary current expenses of the corporation, and not to exceed one per cent. for both ordinary and extraordinary expenses of said corporation upon all

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the taxable property within the corporate limits of said town. To ascertain the taxable value of the property of said town the mayor and council shall have returns made to them by the owners of property of all the property owned by them within the corporate limits of said town on oath, which returns, if satisfactory to said mayor and council, shall be the amount on which the assessment shall be made; but should said returns be unsatisfactory to the said mayor and council, they shall proceed to make out a return for such taxpayers as shall in their best judgment appear to be reasonable and just, and on this last return make the assessment as aforesaid, which shall be done under rules to be passed and prescribed beforehand by said mayor and council. Ad valorem tax. SEC. 13. Be it enacted further, That the clerk of the council shall have power and authority to issue executions for all taxes levied by the town authorities, and also for all special taxes imposed, as well as for all fines imposed by the authority of said town. Tax fl. fas. SEC. 14. Be it further enacted, That in addition to the ad valorem tax herein provided for, the mayor and council shall also have authority to levy a special tax upon all billiard and pool-tables, or other tables of like character, and upon all shows of every kind, and upon all callings and businesses and occupations as they may think just and proper. Specific taxes. SEC. 15. Be it further enacted, That the marshal, clerk and treasurer of said town shall, before entering upon the duties of their offices, give such bond as the council may direct for the discharge of the duties of their office, and each of said officers may be removed from said offices at the discretion of the council. Bonds of officers. SEC. 16. Be it further enacted, That the mayor of said town shall receive such compensation as the council shall fix at its first meeting, and the said councilmen shall be exempt from all street tax or duties on these juries. The council shall fix all salaries that shall be paid to the officers of said corporation. Salaries. SEC. 17. Be it further enacted, That mayor and council of the town of Edison, by and in their corporate name, shall have and use all the power granted by and embraced in section 684, to and including 699, of the Civil Code of Georgia, where the same is not in conflict with the provisions of this Act, and so far as the same are not in conflict with anything herein contained said sections are embodied in and made a part of this charter. General powers. SEC. 18. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 6, 1902.

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FAYETTEVILLE, CITY OF, CHARTER FOR. No. 52. An Act to amend an Act approved December 24, 1888, known as an Act to provide a new charter for the town of Fayetteville, by striking from said Act the word town wherever it occurs therein, and substituting in lieu thereof the word city, so that said Act, when so 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 the authority of the same, That the municipal government of the city of Fayetteville, in the county of Fayette, 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 council of the city of Fayetteville, and by that name and style shall have perpetual succession, and shall in said name be capable to sue and be sued, plead and be impleaded in any court of law or equity in this State; shall have power to purchase, lease, hold, receive, enjoy, possess and retain to them and their successors, for the use and benefit of said city, any estate or estates, real or personal, of whatever kind or name, within the limits of said city, and to sell, alien, exchange, lease or convey the same, or any part thereof, and to do all other acts relating to their corporate capacity consistent with the Constitution and laws of the State of Georgia. Fayetteville, city of, incorporated. SEC. 2. Be it further enacted, That the corporate limits of said city of Fayetteville shall extend and embrace one half mile in every direction from the court-house in said city; provided, that on the north side of said city the land line of J. L. Blalock next to said city shall be the corporate limits. Corporate limits. SEC. 3. Be it further enacted, That an election shall be held in said city on the second Wednesday in January, 1889, for a mayor and five councilmen, who shall hold their offices for the term of six months, or until their successors are elected and qualified; that an election be held in said city on the second Wednesday in July, 1889, for mayor and five councilmen, and in each year thereafter, who shall hold their offices for one year, or until their successors are elected and qualified. Said election shall be opened at 8 o'clock a.m. and closed at 5 o'clock p.m., to be held under the superintendence of a justice of the peace and two freeholders in said city, or by three freeholders in said city, under the forms and

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regulations prescribed 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, elections for. SEC. 4. Be it further enacted, That said superintendents of elections shall duly declare the result of said election, 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 the following oath before some officer of the State authorized to administer oaths: I, as mayor and councilman of the city of Fayetteville, do swear that I will well and truly perform all the duties required of me by law as such mayor and councilman, to the best of my skill and power; so help me God, which oath, with a list of the voters and tally-sheet and certificate of election issued by said superintendents, shall be entered on record of minutes of council, and the original filed in office of the clerk of council. Results of elections, how declared. Oath. SEC. 5. Be it further enacted, That the qualification of voters at said election shall be such as are required for electors for the General Assembly, and in addition thereto a bona fide residence within the corporate limits of said city for six months next preceding the election, and the payments of all legal taxes and fines required of them by said corporation, and no person shall be eligible to the election or performing the duties of the office of mayor or councilman who is not a qualified voter in said city. Electors. SEC. 6. Be it further enacted, That in case of a vacancy in the office of mayor or councilman, 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 the public notice of same by posting at court-house door in said city for the space of at least ten days before said election. In case of a vacancy in the office of mayor, the same may be supplied by the board of councilmen by electing from their body a mayor pro tem., who shall perform all the duties of said office until the election and qualification of his successor, as above provided. Vacancies. SEC. 7. Be it further enacted, That said mayor and council shall have authority to appoint a clerk, treasurer, marshal and such other officers as they may deem necessary and proper; to regulate the time and mode by which they will elect said officers, fix their fees and salaries, to take their bonds, to prescribe their duties and oaths, and to remove them from office and impose fines for neglect of duty for sufficient cause, at their discretion. Officers. SEC. 8. Be it further enacted, That said mayor and council shall have full power and authority to levy and collect such taxes,

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not exceeding 100 per cent. on the State tax upon all and every species of property, both real and personal, within the limits of said city (except church and school property) at its market value on the first day of April each year; also to levy and collect such special taxes on trades, business occupations, theatrical exhibitions, or other performances exercised, performed or carried on within the limits of said city, including circuses and shows of all kinds, itinerant traders, peddlers, auctioneers, and all other trades, games or occupations subject to special tax under the State law, as they may deem proper. They shall also have power to tax, license and regulate tenpin-alleys, billiard and pool-tables, or to prohibit or remove the same for sufficient cause, as they may deem necessary. They shall have power to license, regulate or prohibit the sale of spirituous liquors and other intoxicating drinks in said city; provided, the tax for the sale of spirituous liquors or other intoxicating drinks in said city shall not be less than ten thousand dollars; provided, however, the above provision of this section relating to the sale of spirituous liquors and intoxicating drinks shall not be operated so long as the sale of spirituous liquors is prohibited in Fayette county. For the purpose of enforcing the payment or collection of 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 this State; and the mayor of said city is hereby vested with authority to issue executions for such fines or taxes as may become collectable in favor of said city, and the 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 city, and in case of levy on real estate by return to the sheriff of Fayette county, who shall advertise and sell in the same manner as prescribed by State law for levies made on real estate and returned by constable. Ad valorem tax. Specific taxes. How collected. SEC. 9. Be it further enacted, That the mayor and council shall have full power and authority to open, to widen, straighten and otherwise change streets and alleys in said city. Whenever the mayor and councilmen shall exercise the powers above delegated, they shall appoint two freeholders, and the owner or owners of lots fronting on said streets or alleys shall, on five days' notice, appoint two freeholders, who shall proceed to assess the damage sustained or advantages derived by the owner or owners of said lots in consequence of the opening, widening, straightening or otherwise changing said streets and alleys; and in case said assessors can not

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agree, they shall select a fifth freeholder. The said assessors to take an oath that they will faithfully discharge their duties, and either party to have the right to enter an appeal to the superior court of Fayette county within ten days from the rendition of said award, under the same rules and regulations as govern appeals from the justice courts. Streets, etc. SEC. 10. Be it further enacted, That all males over the age of sixteen years and under the age of fifty years, who have resided in said city ten days, shall be subject to work the roads and streets in said city not exceeding fifteen days in each year, or to be taxed therefor as the council may direct or determine, as a commutation tax, not to exceed five dollars ($5.00) per year; and the mayor and council shall have full power and authority to call out each and every male person within the jurisdiction of said corporation subject to street duty, who shall be compelled to do road and street duty according to the laws of this city; and the said mayor and council may have power to punish defaulters by fine of not more than two dollars per day for each day's default, and in default of the payment of said fine to work upon the streets or public works of said city not less than ten nor more than thirty days; or the said mayor and council shall have the power to levy and collect a tax in lieu of such road or street duty from all persons subject thereto, and no person who shall be indebted to said city in any tax, fine, fee or assessment shall be allowed to vote at any election held under this charter. Street work or commutation tax. SEC. 11. 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 city and securing and promoting the health of the inhabitants thereof, not repugnant to the Constitution and laws of this State; to protect places of divine worship; to provide places for the interment of the dead and regulate the interments therein; to make regulations to guard against danger and damage by fire; to drain such branches, ponds or pools as may be injurious to the health of the citizens; to abate nuisances; to protect the public health and to protect and promote the peace and good order of said city. General welfare. SEC. 12. Be it further enacted, That the mayor shall hold a police court in said city at any time for the trial and punishment of all violators of the ordinances, by-laws, rules and regulations of said city, and shall keep a docket upon which he shall enter all cases and judgments tried or rendered by him, the punishment inflicted not to exceed a fine of fifty ($50.00) dollars or imprisonment

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in the guard-house or common jail, or labor on the public streets or works of said city not to exceed thirty days, and in addition thereto the cost of the proceedings. 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 peace and good order and the enforcement of the by-laws and ordinances of said city. That when said mayor is sitting as a court, he may fine for any contempt offered said court, not to exceed ten dollars, or imprisonment not to exceed five days for such contempt. But from all decisions of said mayor (except in cases of contempt) there may be an appeal on such terms as may be prescribed to the mayor and council. Mayor's court. SEC. 13. Be it further enacted, That in the event of the absence for sickness of the mayor, or from any reason he can not act, said councilmen may select one of their number mayor pro tem., who shall be required to perform all the duties of the mayor. Mayor pro tem. SEC. 14. Be it further enacted, That the mayor and council shall have the power to provide how any bond that may be taken, payable to them for the appearance of any defendant before the mayor, may be forfeited. Appearance bonds SEC. 15. Be it further enacted, That the mayor or mayor pro tem. and any three councilmen shall form a quorum for the transaction of business, and a majority of the votes shall determine all questions and elections before the council; and the mayor or mayor pro tem. shall be, to all intents and purposes, a justice of the peace, so far as to enable them, or either of them, to issue warrants for the commission of any offenses within the corporate limits of said city, which warrants shall be directed to any marshals, sheriffs or deputy sheriffs of this State, and to commit to the county jail of Fayette county, or to admit to bail according to law offenders for their appearance before the next superior court of Fayette county, or the city court of Fayetteville, should one be established, to await his or her or their trial; and it shall be the duty of the jailor of said county to receive all persons so committed, and them safely to keep until the same be discharged by due course of law. Mayor ex-officio justice of the peace. SEC. 16. Be it further enacted, That the expenditure of the mayor and councilmen and the compensation of the city officers shall be paid out of the city funds by an order drawn by the clerk of the council upon the city treasurer, and countersigned by the mayor or mayor pro tem. of the council, out of the funds in the hands of the treasurer, who shall keep a book in which he shall make an entry of all sums paid out, and to whom and for what

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purpose, which book shall at all times be subject to the inspection of the mayor and councilmen of said city, or any or either of them, and likewise shall entries be made of all sums of money paid into the hands of the treasurer by the provisions of this Act, and the same is hereby directed to be a fund for the exclusive use of said city. Municipal funds, how disbursed. SEC. 17. Be it further enacted, That no person shall be eligible to office under this Act who is not eligible as a voter at the elections aforesaid, and any officer of said corporation who shall be guilty of malpractice or abuse of the power confided to him shall be subject to indictment in the superior court, and on conviction shall be fined not less than fifty nor more than five hundred dollars (said fine to be paid over to the treasurer of said city and appropriated to the use of said city), or to be imprisoned not to exceed six months, in the discretion of the court, and upon said conviction said party shall be removed from office. Eligibility. Malpractice. SEC. 18. Be it further enacted, That the mayor or mayor pro tem., while acting as mayor, shall have the right to vote upon all questions before the council when said vote is a tie, and said mayor and mayor pro tem. shall also have the right to veto any measure passed by the council, which veto must be filed in writing within four days after the passage of such measure and be entered of record on the minutes of council, and said measure shall not be effectual until passed over said veto by a vote of two thirds of the council at the first or second regular meeting of the council after said veto, and not thereafter. Mayor's vote and veto. SEC. 19. Be it further enacted, That any of the officers of said corporation who may be sued for any Act done in his or their official capacity or character may justify under this Act. Responsibility of officers. SEC. 20. Be it further enacted, That the mayor and councilmen shall receive no salaries. SEC. 21. Be it further enacted, That all previously granted charters and amendments thereto to said city or town of Fayetteville be, and the same are, hereby repealed by this Act, and all laws and parts of laws militating against this Act be, and the same are, hereby repealed. Approved December 6, 1902.

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FINLEYSON, TOWN OF, INCORPORATED. No. 45. An Act to incorporate the town of Finleyson, in the county of Pulaski, and State of Georgia; to define the limits of said town; to provide for officers to govern it; to prescribe their duties and power, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, That lot of land number 53, in the 5th land district of Pulaski county, Georgia, containing 202 acres, more or less, and also what is known as the Outlaw place, described as follows: beginning at the southwest corner of said lot number 53, then west to public road, then north until it reaches J. W. Conner, Jr.'s place, then east until it reaches said lot number 53 again, is hereby declared to be incorporated under the name and style of the town of Finleyson, and as such shall be entitled to sue and be sued, plead and be impleaded, and generally to do such other acts as its proper officers deem best for the safety, health, comfort, convenience and betterment of its citizens; provided, however, that the authorities of said town shall have no jurisdiction over land in said limits used for general agricultural purposes. Finleyson, town of, incorporated. Corporate limits. SEC. 2. Be it further enacted, That the government of said town shall vest in a mayor and four aldermen, who shall be elected annually on the 1st Wednesday in January in each year, to hold their offices for one year and until their successors are elected and qualified. But no one shall be entitled to vote in said election, nor to hold the office of mayor or alderman, who is not entitled to vote for members of the General Assembly of Georgia, and who has not resided in the corporate limits of said town for at least six months immediately prior to the date of the election. The certificates of the managers of said elections shall be sufficient to entitle the persons receiving the highest number of votes to enter upon the discharge of their duties. Mayor and aldermen. SEC. 3. Be it further enacted, That before entering upon the discharge of their duties, the mayor and aldermen so chosen shall take and subscribe to the following oath: I do solemnly swear (or affirm) that I will faithfully and fearlessly discharge all the duties of the office of mayor (or alderman, as the case may be) of the town of Finleyson, to the best of my ability; so help me God.

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SEC. 4. Be it further 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 court may punish for contempt by a fine not exceeding five dollars or imprisonment not exceeding ten days. Said court may punish for a violation of the town ordinances by a fine not exceeding twenty-five dollars or imprisonment for not longer than forty days. Any defendant found guilty in the police court may appeal from said judgment to the board of aldermen who shall hear his case de novo. Police court. SEC. 5. Be it further 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 any matter except in case of a tie, in which event he shall vote, but shall preside at all meetings of the board of aldermen. Vacancies. SEC. 6. Be it further enacted, That said mayor and aldermen shall have power to levy and collect a tax of not exceeding one-half of one per cent. per annum upon all property, both real and personal, within the limits of said town; to prescribe a business license, and to make it an offense against the ordinances of said town to engage in or commence any business in said town without first obtaining the license required and specified tax on businesses, occupations, etc., and an occupation tax and street tax; to provide for laying out and working the streets of said town; to condemn lands for the purpose of laying out streets; to have and to hold real estate; to appoint a clerk and treasurer, marshal and deputy marshal; to fix fees and salaries for the officers of said town; and they shall furthermore have all the powers, except such as may conflict with the provisions of this Act, conferred on municipal corporations in title 7, volume 1 of the Code of 1895; provided, that it shall not be lawful for any person, copartnership or corporation to sell, keep for sale or offer for sale within the corporate limits of said town any vinous, malt or intoxicating liquors; nor shall it be within the power of municipal authorities to license the sale of any such liquors. Taxing powers. Police powers. General powers. Liquor, sale of prohibited. SEC. 7. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved December 5, 1902.

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FORSYTH, CHARTER AMENDED. No. 192. An Act to consolidate and to codify the various Acts incorporating the city of Forsyth, in the county of Monroe, and the various Acts amendatory thereof; to enlarge by providing additional powers and authority therein; to more specifically define and fix the duties of the various officers of said city and 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 authority of the same, That the Act incorporating the city of Forsyth, approved March 5, 1875, and the various Acts amendatory thereof, be amended by enacting the following in lieu thereof: Forsyth. SEC. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the municipal government of the city of Forsyth shall be vested in a mayor and six aldermen, who are hereby declared a body corporate under the name and title of the mayor and aldermen of the city of Forsyth, and by said name may sue and be sued, contract and be contracted with, hold and possess property, whether real or personal, whether within or without the limits of said city, by gifts, donations, lease or purchase, for the use of said city and the inhabitants thereof; have and use a common seal; and by said corporate name may lease, convey or sell whatsoever property they may have authority to sell; provided, the sale of no real estate within the limits of said city shall be confirmed until ratified by a majority of the legally qualified voters of said city voting at said election, at an election to be held under such rules and regulations as may be prescribed by the mayor and aldermen of said city. Mayor and aldermen. SEC. 3. Be it further enacted by the authority aforesaid, That on the first Wednesday in December, 1903, and annually thereafter on the same day, there shall be an election for mayor and three aldermen for said city, at which election all male citizens of said city, who shall have resided within the county of Monroe for the period of six months immediately next preceding said election and within the limits of said city thirty days immediately preceding said election, and who may be entitled to vote for members of the General Assembly of this State, and paid all taxes required of them by said city which may be due, shall be entitled

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to vote at said election; that said election shall be under the management and control of a justice of the peace, or a notary public ex officio justice of the peace and two freeholders, or all of managers shall be residents of said city; that said managers shall be elected by the mayor and aldermen of said city then in office; that the managers of said election shall appoint the necessary number of clerks and shall, together with said clerks, receive such compensation as may be agreed upon by the mayor and aldermen, not exceeding three dollars per day each; that the managers of election in said city shall take, before some officer authorized by law to administer oaths, or administer to each other the following oath: We do solemnly swear, or affirm, that we will faithfully perform the duties of managers of said election to the best of our ability; prevent illegal or fraudulent voting, without fear or favor; so help us God. Elections for mayor and aldermen. SEC. 4. Be it further enacted by the authority aforesaid, That the managers of said elections shall 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 the mayor and aldermen of said city, and shall be held to be the highest evidence of the election of said officers; that any person voting illegally at said election shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the barracks of said city or the common jail of Monroe county not exceeding six months. Results of election, how declared. SEC. 5. Be it enacted by the authority aforesaid, That the mayor and three aldermen to be elected on the first Wednesday in December, 1902, and to qualify for said offices on the first Friday in January, 1903, shall hold said offices for the terms to which they were respectively elected, viz.: The mayor for one year from the date of his qualification, and the aldermen two years from the date of their qualification aforesaid; that the three aldermen now holding office in said city whose terms will expire on the first Friday in January, 1904, shall hold their office until the expiration of their respective terms; that the successors of said aldermen shall be elected on the first Wednesday in December, 1903, in the manner provided in sections 3 and 4 of this Act; That any vacancies in the offices mentioned in this section caused by death or otherwise shall be filled in the manner hereinafter provided. Official terms. SEC. 6. Be it further enacted by the authority aforesaid, That in the event of a vacancy in the office of mayor or aldermen for any cause, the remaining aldermen shall order an election to fill

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such vacancy, for the unexpired term, and notice of such election shall be advertised in two or more public places in said city, at least ten days before the date of such election, which election shall be conducted in the same manner and form as provided in sections 3 and 4 of this Act. Vacancies. SEC. 7. Be it enacted by the authority aforesaid, That before entering upon the duties of the aforesaid offices the persons elected thereto shall take and subscribe to the following oath: We, , do solemnly swear that we will, to the best of our ability, discharge the duties of for the city of Forsyth during our continuance in office; so help us God. Any person authorized by law, or the acting mayor of said city, shall administer said oath. That the mayor and aldermen and other officers provided for in this Act, that are elected at the annual elections as provided for in section 3 of this Act, shall hold the offices to which they are respectively elected for the following terms: The mayor one year from the first Friday in January succeeding his election, or until his successor is elected and qualified, and the aldermen two years from the first Friday in January succeeding their election, or until their successors are elected and qualified; that at each of said annual elections there shall be elected a mayor and three aldermen. Oath of office. Terms of office. SEC. 8. Be it 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 has not attained the age of twenty-five years; that no person shall be eligible to the office of aldermen for said city who has not been a resident thereof for a like period and has not attained the age of twenty-one years. SEC. 9. Be it enacted by the authority aforesaid, That the mayor and aldermen shall have power to open and improve new streets, upon the payment for the land appropriated for the same, according to the mode prescribed by the road laws of this State, and repair those already opened; to provide for such public buildings as may be necesary for the benefit of said city; and to have power to pass from time to time such ordinances, rules and regulations as may, in their discretion, be necessary to enforce this Act, and the laws of Georgia relative to municipal corporations, and to provide penalties for the violation. They shall have general and exclusive jurisdiction over the streets, alleys, byways, sidewalks, and the common and public squares of said city, and provide against obstructions thereupon; that they shall have power to lay therein such sewers or gutters or drains as may be necessary, and shall take all necessary and proper means for keeping the corporate

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limits of said city free from garbage, trash and filth of all kinds. They shall have power summarily to abate all nuisances whatsoever, whenever, in their judgment, such nuisances are injurious to the health, comfort or convenience of the inhabitants, either with or without complaint against it; that they shall have power to regulate the running of locomotives run by steam, electricity or other power or other means used for transportation of the public; that they shall have power to provide against obstructions in the streets, alleys and sidewalks therein, and prevent the placing thereon any grass, stones, sticks, fruits, vegetables, cotton, merchandise or anything of like character calculated to cause injury or inconvenience to individuals or to make such streets unclean or prevent the free use thereof of the citizens of said city; that they shall have power to regulate public walks and wells, disorderly houses and houses of ill-fame within said city; prevent loud and boisterous conversation, loitering, quarreling and obscene language upon the streets and upon the campuses or grounds of either Monroe College or R. Banks Stephens Coeducational Institute, or any church or institution in said city; to provide for paupers living in and to prevent paupers being imposed upon said city; to provide by ordinances, regulation or otherwise for the paving of sidewalks on the streets within the fire limits of said city, and in said manner to provide for the levying of assessments against the owners of property abutting or fronting on the same to pay the cost of said pavement; to assess against each property-holder the cost of said pavement on which his property abuts, and to provide for the collection of assessments by the issuance of executions against said property-holders; to provide and regulate a taxation or license for all dogs running at large upon the streets or sidewalks of said city. They shall have power to make such regulations as they may deem proper relative to the storage, keeping or sale of gunpowder, dynamite or other explosives, or inflammable oils and other chemicals in said city; they shall have power and authority to enforce by proper ordinances the provisions of the State laws in regard to quarantine, and to prevent the coming into said city of persons or individuals, merchandise or goods of any character from cities or towns or communities of this State or from other States and countries infected with smallpox, yellow fever or any other dangerous, contagious or infectious disease, and to provide a punishment for violations of said ordinances; that said mayor and aldermen shall have power to enact by appropriate ordinances or resolutions for the accomplishment of all the purposes hereinbefore enumerated and for the punishment of offenders in relation to any of the matters aforesaid,

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and all ordinances or resolutions they may deem necessary for preserving the peace, health, good order and good government of said city, and to enforce all ordinances or resolutions by them adopted, not inconsistent with the laws of this State, and to punish any such person or persons who shall violate said ordinances or resolutions by fines not to exceed one hundred dollars, or imprisonment not to exceed fifty days, or work on the public streets of said city not to exceed sixty days, or any one or all, in the discretion of the mayor, mayor pro tem. or aldermen before whom the offender is tried. It shall be the duty of the police authority, or any one of them, that such ordinance has been violated, to arrest the person or persons whom they have reason to believe guilty of such violation, and as soon as convenient after such arrest to bring such person or persons before the mayor, or in his absence, the mayor pro tem., and in the absence of both, before a majority of the aldermen, who, when hearing the evidence concerning such violation, shall determine whether or not the persons so brought before him or them be guilty of such violation, and if found guilty the mayor or mayor pro tem., or a majority of the aldermen, as the case may be, shall adjudge what penalty shall be visited upon the person or persons so found guilty, and the police authority of said city shall execute such judgment. If it be not convenient for the police authority to bring such person or persons immediately before said triors, he or they may temporarily imprison such person or persons so arrested until such person or persons may be brought before the proper authorities for trial, provided, the temporary confinement shall not exceed twenty-four hours. In the event any such person or persons shall be dissatisfied with the judgment of the mayor or the mayor pro tem., he or they shall have the right to appeal to the mayor and aldermen at their next regular meeting, upon giving bond and good security for their appearance before said mayor and aldermen to abide the final decision in said case, and the mayor and aldermen, after hearing the evidence submitted, shall only have power to affirm or reverse the decision of the mayor or mayor pro tem.; the mayor, or in his absence, the mayor pro tem., or in the absence of both, a majority of the aldermen, shall have full power to compel the attendance of witnesses by attachment for contempt when they fail to appear in answer to the subp[oelig]nas served on them, and when brought before such triors they shall be fined for such contempt, unless they show a legal reason for their absence, not less than one dollar nor more than ten, in the discretion of the triors, or imprisonment in the barracks not less

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than one nor more than ten days, or made to work on the streets of said city not less than one nor more than ten days. General powers. Police powers. SEC. 10. Be it enacted by the authority aforesaid, That for the transaction of all business except as otherwise provided in this Act, that four aldermen shall constitute a quorum and the vote of four aldermen shall decide any question which shall come before the mayor and aldermen. That the mayor shall have no vote except in case of a tie. He shall have the revision of all ordinances, bills, orders and resolutions passed by the mayor and aldermen, and the mayor shall have two days after the meeting at which the mayor and aldermen voted thereon in which to file with the clerk and treasurer in writing his dissent or veto, and the effect of such dissent or veto shall be to render said ordinance, bill, order or resolution of no effect unless overriden at the next regular meeting of the mayor and aldermen by a vote of five aldermen. Mayor's vote and veto. SEC. 11. Be it further enacted by the authority aforesaid, That every male person between the ages of sixteen and fifty years of age, who has resided in said city thirty days, shall be liable and subject to work on the streets of said city not exceeding fifteen days in each year, at such time or times, as the mayor and aldermen may require, or to pay a commutation tax in lieu thereof not to exceed three dollars, as said mayor and aldermen may determine. Should any person liable to work the streets of said city under this section fail or refuse to do so or to pay the street tax assessed in lieu of such service, after having received notice so to do, as the mayor and aldermen may require, he shall be deemed guilty of a violation of this section, and upon conviction in the mayor's court shall be punished by a fine not exceeding twenty-five dollars, or imprisonment in the guard-house not more than thirty days, or by labor on the streets of said city not more than thirty days. Said mayor and aldermen may pass such ordinances as they may deem proper for the enforcement of this section. Street work or commutation tax. SEC. 12. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have the right to establish a chaingang in said city; provide for the confinement of prisoners therein during the hours they are not engaged in labor; provide for their maintenance during the period of their confinement; provide for furnishing said prisoners with convict suits; employ guards and bosses, and generally 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 such convicts as may be necessary to enforce proper obedience to the rules and regulations as may be established. The

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mayor and aldermen shall have the right to lease or hire such convicts as may be confined in the chain-gang of said city, under-the provisions of this section to the county authorities of Monroo county, Georgia, and shall have the right to make such charge against said county for the hire or lease of said convicts as they may be able to agree upon; provided, however, that said convicts shall be kept and provided for by the county authorities in the same manner that the county convicts are kept and provided for. Chain-gang. SEC. 13. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have the authority to elect a city weigher, and to fix the compensation therefor, and to prescribe the duties therefor, and to levy a tax upon any business for the purpose of carrying this section into effect and to prescribe punishment for a violation of the same, and to pass any ordinance necessary to carry out and enforce same. City weigher. SEC. 14. Be it further enacted by the authority aforesaid, That said mayor and aldermen of said city shall elect, at the first regular meeting in January, 1903, and annually thereafter at the same time a mayor pro tem., whose duty it shall be to act as mayor in all cases in the absence or disqualification of the mayor, a chief of police, night watchman, street commissioner, if necessary, and such other officers as said mayor and aldermen shall decide on and deem necessary; and at the same time said mayor and aldermen shall fix the compensation of all officers and define their respective duties; that, at the same time said mayor and aldermen shall elect a treasurer, who shall also discharge the duties of clerk for said city and whose compensation shall not be less than two hundred dollars annually, and the said clerk and treasurer shall hold his office for two years or until his successor is elected and qualified, unless removed from office by said mayor and aldermen; said treasurer and clerk shall be required to give and execute a bond, with at least two good and solvent sureties, to be approved by the mayor and aldermen, in the sum of not less than five thousand dollars, said bond to be made payable to the mayor and aldermen of the city of Forsyth, and their successors in office, conditioned for the faithful performance and discharge of his duties, and such sureties thereon may be sued for any default in reference to the finances of said city made by the officer giving said bond, as soon as the default shall be ascertained, and recovery had thereon and enforced as upon judgments rendered by the courts of this State; and any officer of said city

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who shall fail or refuse to pay over any funds in his hands belonging to said city shall be guilty of a misdemeanor, and upon conviction shall be punished as now required by the laws of this State; that said treasurer shall collect all bills, accounts, taxes due said city, and disburse them according to the discretion of the mayor and aldermen of said city. The mayor of said city, or the mayor and aldermen, may appoint special policemen to serve when, in his or their judgment, such appointment may be necessary, to be discharged when the emergency is passed, and to be compensated as the mayor and aldermen shall 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 chief of police. Municipal officers. SEC. 15. Be it further enacted by the authority aforesaid, That for the purpose of raising revenues to defray the ordinary current expenses incident to the proper support and maintenance of the city government, and the principal and interest on the bonded indebtedness of said city, said mayor and aldermen shall have full power and authority to levy and collect an ad valorem tax upon all property, both real and personal, in the corporate limits of said city, not to exceed one per centum per annum, except as provided by the laws and Constitution of Georgia. Ad valorem tax. SEC. 16. Be it further enacted by the authority aforesaid, That the mayor and aldermen of the said city of Forsyth shall have full power to license, regulate and control by ordinances all taverns, hotels, boarding-houses, cafs, restaurants, ice-cream saloons, livery stables, feed stables, sale stables and lots, hacks, drays and other vehicles, auctioneers, vendue masters, itinerant traders, theaters and theatrical performances, dummy or street railways, oil mills, cotton mills, ice works, laundries, shows, circuses and exhibitions of all kinds; itinerant lightning-rod dealers, immigrant agents, book agents, peddlers of clocks, stoves or machines or any kind of article of merchandise, itinerant venders of any and all kinds of goods, wares, merchandise or other things; billiard, pool and bagatelle tables kept for public play, every keeper of a shooting-gallery, tenpin-alley, upon the keeper of any kind of table, device, stand or place for balls, knives, sticks, rings or other contrivance, upon flying-horses or other similar contrivances, bicycles, velocipedes or skating-rinks, moter cycles, automobiles, locomobiles, insurance agents, life, fire, accident or other insurance companies; loan brokers or agents, banks and bankers, brokers and commission merchants of all kinds; dealers in futures of all kinds, whether cotton, stocks or grain or bonds; keepers of slaughter-houses,

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beef markets, dealers in fish, vegetables, fruits, sausage, breads and all other articles of food; contractors, builders, mechanics or artisans; barber shops, junk-shops, pawnbrokers; warehouses of all kinds; jewelry, photographers or artists, bicycle repairers, street stands for the sale of any article of merchandise; dealers in guano or fertilizers of any kind; real estate agents, dealers in lumber, brick or building materials of any kind; dealers in buggies or wagons; newspapers; publications of any kind; blacksmith shops, carriage, buggy, wagon repair shops, wood repair shops; dealers in coal and wood; public scales, second-hand clothing, shoemakers or repairers, harness-makers or repairers, planing mills, grist or wheat mills, gun shops, dealers in guns or pistols, feather renovators, dealers in oil, undertakers, piano or organ tuner, tin shops, contractors of any kind, telephone, telegraph agents or companies, chiropodists, street drummers, bootblacks, express companies or agents, and upon all and every other business, calling or vocation not heretofore mentioned, and which under the law and Constitution of the State of Georgia are subject to license. Specific taxes. SEC. 17. Be it further enacted by the authority aforesaid, That at the first regular meeting of the mayor and aldermen in January, 1903, and every two years thereafter at the same time, the mayor and aldermen of said city shall elect three upright, discreet and intelligent persons, who shall be freeholders and residents of said city, as city tax-assessors, who shall hold office for two years or until their successors are elected and qualified. Should any vacancy occur on said board from any cause, or either should fail or refuse to perform the duties of said office or be removed therefrom, such vacancy shall be immediately filled by the mayor and aldermen; said mayor and aldermen shall be the judges of the necessity for removal or declaring a vacancy in said board of assessors; provided, there shall be no removal without investigation. Said assessors, before entering upon the discharge of their respective duties, shall take and subscribe before an officer authorized to administer oaths, the following oath: We do solemnly swear that we will faithfully perform the duties of the office of tax-assessors for the city of Forsyth, and will make a just and true valuation of all property therein subject to taxation, according to its market value; so help us God. Tax-assessors. SEC. 18. Be it enacted by the authority aforesaid, That the valuation of all property subject to taxation shall be assessed by three assessors, who shall be authorized to accept the valuation placed thereon by parties in making returns to the receiver of

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tax returns of Monroe county, or require the taxpayers to make returns to them under oath of all his, her, or their taxable property. Should a difference arise between the assessors and the taxpayer concerning the value of property given, the assessors shall have the right to reassess the same at their valuation; but any taxpayer who may be dissatisfied with the assessment of his, her, or their property shall have the right of appeal to the mayor and aldermen under such rules and regulations as they may prescribe. Assessments and appeals. SEC. 19. Be it enacted by the authority aforesaid, That said mayor and aldermen may hear during the progress of their investigations such evidence as to the value of any property as they may deem advisable, but whenever any such evidence shall be heard, it shall be entirely in their discretion, and from the decision of said mayor and aldermen there shall be no appeal. SEC. 20. Be it enacted by the authority aforesaid, That said mayor and aldermen shall have power and authority to enforce, by execution, the collection of any debt or claim due or to become due to said city for taxes, license fees, rents, impounding fees, fines and forfeitures; for laying sewers and drains; for cleaning and repairing privies and for abating nuisances, and for any and all levies, assessments, debts or demands due or to become due to said city; said executions to be issued by the clerk of said city, attested in the name of the mayor, against the property, person, corporation or firm against which or whom any tax has been levied, or by whom any such debt or demand is owing, such execution to be directed to all and singular the marshals and deputy marshals 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 executions shall issue, and the same be sold as is provided by the Code of Georgia of 1895, sections 732, 733, 734, 735, in case of sales for taxes. Collections by city, how enforced. SEC. 21. Be it enacted by the authority aforesaid, That it shall be the duty of the marshal or deputy marshal to levy all executions in favor of said city, and after advertising same for thirty days as sheriff's sales are advertised, shall sell the property levied upon before the court-house door in Forsyth, Monroe county, Georgia, on a regular sheriff's sale day and within the legal hours of 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

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of perishable nature, or liable to deteriorate in value from keeping, or there is expense attending the keeping of the same (same not being real estate), it may be sold as in such cases provided by sections 5463 and 5464 of the Code of Georgia of 1895, except that the order to sell shall be obtained from the mayor. Marshal's sales. SEC. 22. Be it further enacted by the authority aforesaid, That when executions shall be issued and levied as provided in the preceding section, claims or illegalities may be interposed under the same rules and regulations as now provided by law for claims and illegalities under tax fi. fas. for State and county taxes; said claim or illegality to be returned to and heard in Monroe superior court, city court of Forsyth or justice court of the 480th District, G. M., according as the jurisdiction thereof may be. Claims. SEC. 23. Be it further enacted by the authority aforesaid, That the clerk of said city shall keep a book or books which shall at all times be subject to inspection by the mayor and aldermen or any person holding an order from said body, which book or books shall show what amounts of money remain in his hands and from what sources received, and what moneys have been by him disbursed, and upon what accounts, and shall preserve all orders by him paid off as vouchers for disbursements, and he shall do and perform all of the duties relative to the keeping of proper minutes and as to the finances of the city, and in the manner prescribed by the mayor and aldermen, and all other duties that may be required of him or not inconsistent with this Act or the laws of the State. Clerk, duties of. SEC. 24. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said city shall have power and authority to make and establish, by ordinance, a fiscal year, in their discretion, from which and to which all licenses shall date. Should any person apply for a license for any business in said city, for which a license is required, at any time after the fiscal year has begun, the mayor and aldermen shall have power and authority to require from said person or persons the same amount as required for a license for the full year, and in no case shall the mayor and aldermen be required to prorate the amount of any license for a term less than a full year, but said mayor and aldermen shall have power and authority to pass an ordinance allowing all licenses to be prorated, or to fix licenses for a day, week or month or yearly, and to prescribe the amount and method of collection therefor. Fiscal year. SEC. 25. Be it enacted by the authority aforesaid, That the mayor and aldermen for said city may demand payment of all

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licenses heretofore mentioned and authorized by this Act, as a condition precedent to beginning business in said city, for which a license is required. Should any person engage in or continue in business not having paid the license demanded of him or her, he or they shall be liable to prosecution in the mayor's court, and on conviction may be fined or imprisoned in the discretion of the court. This applies to artificial as well as natural persons. License fees. SEC. 26. Be it further enacted by the authority aforesaid, That the mayor and aldermen of the city of Forsyth be and they are hereby vested with full and exclusive power to regulate, control and direct the sale of ardent spirits, malt liquors, wines and cider within the corporate limits of said city, impose such restrictions, charges, conditions and penalties upon the same as they, or a majority of them, may deem proper, not repugnant to the laws and Constitution of Georgia. Liquor, sale of. SEC. 27. Be it enacted by the authority aforesaid, That upon failure of any officer elected by the mayor and aldermen of said city to comply with any duty assigned to them under this charter, or the ordinances consistent therewith, or be guilty of misconduct or malfeasance in office or neglect their duties, they may be suspended by the mayor until the next regular meeting of the mayor and aldermen, at which time they may be reinstated upon the vote of five aldermen; otherwise their respective offices shall be declared vacant, and his successor shall be elected by the mayor and aldermen; the mayor shall have the right in case of suspension to appoint until the next regular meeting. There shall be no appeal from the decision of the mayor and aldermen. Officers, duties and liabilities. SEC. 28. Be it further enacted by the authority aforesaid, That the chief of police, night watchman, or any one working in their stead, shall not retain any funds in their hands collected for the city from any source, but shall immediately turn same over to the treasurer of said city and take his receipt for same, which shall protect them from further liability, and upon failure or refusal so to do within twenty-four hours from the time such collections are made, shall subject him to removal from office by the mayor. Reports of officers. SEC. 29. Be it further enacted by the authority aforesaid, That all trials to be held in the mayor's court in said city shall be under the rules prescribed by the mayor and aldermen, but it shall not be necessary for affidavit to be made and warrant issued to authorize an arrest for violation of any ordinance of said city. Trials in mayor's court. SEC. 30. Be it further enacted by the authority aforesaid, That said mayor's court shall have authority and power to punish for contempt against its rules and authority, whether during session or

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otherwise; to issue summons for witnesses, books, papers in as full and complete a manner as the justice courts of this State now have; to punish as for contempt failure to obey its legal summons; to grant continuances under the rules of law; to take bonds and recognizances for appearance at its sessions, and to forfeit the same under the same rules and regulations as are now applicable to like procedure in the superior courts of this State, and to do all other acts and things necessary for the proper enforcement of its authority as a court of record; provided, that no fine for contempt shall exceed the sum of ten dollars, or imprisonment in the guardhouse in said city twenty-four hours. Proceedings in mayor's court. SEC. 31. Be it further enacted by the authority aforesaid, That any person convicted in said court for the violation of any ordinance shall have the right of certiorari to the superior court of Monroe county, under the law governing certiorari from the county court of this State in criminal cases, as provided by the laws of the State of Georgia. Certiorari. SEC. 32. Be it enacted by the authority aforesaid, That the mayor and aldermen of said city shall have full power and authority to prevent horses, mules, cattle, hogs, sheep, goats, dogs, and all other animals and fowls from running at large in said city, and to prevent and prohibit the keeping of hogs within the limits of the city, or regulate the manner in which they must be kept if allowed to remain, and shall have full power and authority to take up and impound such animals and fowls and punish all owners of same who refuse to obey any ordinance passed by said mayor and aldermen to carry this authority into effect. Stock, pounds SEC. 33. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power to establish a pound and to change the same whenever they deem proper; to fix a schedule of charges and penalties to be paid by the owner of such impounded animals or fowls before they are released from pound; to regulate the mode and manner of sale or disposition of impounded animals or fowls; to provide for the proper notice and advertising of same; to provide for the disposition of the proceeds of impounded animals or fowls, and to provide for the punishment of all persons who, without authority, break or enter the pound. SEC. 34. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power to enact ordinances for the purpose of preventing the spreading of contagious diseases, and to enforce quarantine against such diseases to the end that such diseases may not spread. They may take such extraordinary precautions and enforce such regulations as reason

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and humanity may suggest. Whenever it may appear that any animal in the city probably has a dangerous or contagious disease, it shall be within the power of the mayor to cause an immediate examination of such suspected animal by some physician or expert. Should the report of said physician or expert confirm the probability of such dangerous disease or contagious disease, it shall be the duty of the mayor to order the immediate removal of such animal beyond the corporate limits of said city, and should such animal return within the limits of said city the mayor shall order it killed at once. Sanitation. SEC. 35. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have exclusive jurisdiction over all the cemeteries within said city. They shall elect such employees to superintend and care for the same as they deem proper; they may make such appropriations out of the city treasury as they may deem reasonably necessary for the proper supervision thereof; they may enact ordinances for the purpose of preventing trespasses therein or on the grounds thereof, and provide penalties for the violation of the same. They may regulate the charges of grave-digging, hearse fees, and for bricking and walling the same; they may regulate such fees for burial as they may deem proper and enforce the payment of the same as they may deem best. Cemeteries. SEC. 36. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said city shall have power to enact a curfew law; that is to say, a law prohibiting any one loitering or wandering upon the streets of said city after eleven o'clock p.m.; and said mayor and aldermen shall enact such ordinances as they may deem necessary to carry this section into effect. Curfew law. SEC. 37. Be it further enacted by the authority aforesaid, That said mayor and aldermen may exercise general supervision over all buildings of every kind in said city. Whenever, in the judgment of the mayor, any building in said city, through want of proper repairs or defect in construction, is dangerous to the city on account of it or for other reason, said mayor may report the same to the mayor and aldermen at their next regular meeting. At said meeting if a majority of those present shall be of the opinion that the building is dangerous for any reason, they may pass a resolution so declaring; upon the passage of such resolution so declaring, the mayor shall cause written notice of said action to be furnished the owner or tenant in possession of said building directing that the defect be remedied within ten days. If, at the expiration of that time, said defect has not been remedied in accordance with said notice, it shall be lawful for the mayor of

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said city to cause it to be done summarily, and issue an execution for the cost against the owner of said building. If the owner or tenant in possession shall fail or refuse to remedy the defect as aforesaid, said mayor and aldermen shall cause said building to be torn down in the most expeditious manner, and said mayor and aldermen shall not be liable in damages for the exercise of such power, unless said party complaining shall show that the same was done maliciously. Dangerous buildings. SEC. 38. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have full power and authority to appoint not exceeding five competent and discreet persons, residents of said city, who shall constitute a board of health, three of whom shall constitute a quorum for the transaction of all business. It shall be the duty of the said board of health to meet as often as they may deem necessary, to visit all parts of the city and report to the mayor all nuisances which are likely to endanger the health of the city or neighborhood. Said mayor or aldermen shall have power, upon the report of said board of health, to cause said nuisance to be abated, and its recommendations to be carried out in a summary manner at the expense of the party whose act or negligence caused such nuisance, or of the owners of the property upon which same may be located, as the mayor may direct. Said mayor and aldermen shall have power to enact appropriate ordinances to carry this section into effect, and to provide penalties for any one obstructing said board of health in the lawful discharge of their duties. Board of health. SEC. 39. Be it enacted by the authority aforesaid, That said mayor and aldermen shall have power to create and establish a fire department in said city, provide for pay and equipment thereof, purchase necessary apparatus and all needful regulations for its proper maintenance. Fire department. SEC. 40. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have the power and authority to define and fix fire limits in said city. They may prescribe what materials may or may not be used in the erection or repairing buildings within said limits, and may prescribe penalties for any person or persons violating the provisions of their ordinances in this behalf. Whenever it shall appear that any building, shed or obstruction within said fire district is erected or is being erected contrary to the provisions of said ordinances, they shall have power to direct the owner of said building to tear it down at once, or to so change the material as to its construction as to make it conform to the requirements of said ordinances. Should said

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owner fail to obey said direction, said mayor or mayor and aldermen may summarily have said building, shed or obstruction taken down forthwith for refusing to obey his or their direction and order aforesaid. Any person so refusing may be tried in the mayor's court of said city and punished. Fire limits SEC. 41. Be it enacted by the authority aforesaid, That all laws contained in the several Acts granting charter powers and privileges to said city of Forsyth, or the mayor and council thereof, and the several Acts amendatory thereof, and all ordinances or ordinance or any part, clause or section of any such Act or Acts, now in force in said city, which is not in conflict with this Act, are hereby continued to be a part of the charter of said city, and are hereby declared of full force and effect. Existing laws. SEC. 42. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said city shall have the right to fix the costs to be paid the marshal and police of said city for any services which may be rendered by them in enforcing or executing the laws of said city under this charter or ordinance made in pursuance thereof. Costs of marshal. 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. Approved December 18, 1902. GRAYSON, TOWN OF, INCORPORATED. No. 182. An Act to amend an Act entitled 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, etc., so as to change the name of said town of Berkely to that of Grayson; and to amend further by changing the number of aldermen from five to three. 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 of the General Assembly of Georgia, approved December 16, 1901, incorporating the town of Trip, Gwinnett county, Georgia, under the town name of Berkely, be, and the same is, hereby amended by striking out the word Berkely from said Act whenever

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it occurs and insert in lieu thereof the word Grayson; and also amend further by striking out the word five from said Act whenever it occurs and insert in lieu thereof the word three; so that said Act, when so amended, will change the name of the said town of Berkely to that of Grayson, and change the number of aldermen of said town from five to three. Grayson, town of. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved December 17, 1902. HAMILTON, CHARTER AMENDED. No. 46. An Act to amend the charter of the city of Hamilton, approved December 20, 1899, by commencing after the word annum, in the 12th line of the 14th section of said charter, and striking out all of said section and substituting in lieu thereof the following: and the compensation of the marshal shall be left discretionary with the mayor and councilmen of said city, but in no case shall exceed the sum of fifty dollars per month. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the above mentioned section be, and the same is, amended by commencing after the word annum, in the 12th line of the 14th section of said charter, and striking out all of said section, and substituting in lieu thereof the following: and the compensation of the marshal shall be left discretionary with the mayor and councilmen of said city of Hamilton, but in no event shall exceed the sum of fifty dollars per month. Hamilton, compensation of marshal. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 6, 1902.

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HARRISON, TOWN OF, CHARTER AMENDED. No. 125. An Act to amend an Act entitled an Act to incorporate the town of Harrison in the county of Washington, to grant certain powers and privileges to the same, and for other purposes, approved December 21, 1886, by amending section 7 of the above recited Act so as to provide for a board of tax-assessors for said town of Harrison to be composed of three citizens, who shall act as town tax-assessors, whose term of office shall be for one year, whose duty it shall be to assess the value of the real estate in said town for the purpose of taxation by said town, and to examine the tax returns placed before them by the officers receiving the same, and increase the valuation of personal property thereof when, in their judgment, the value placed thereon is too small; by amending section 8 of the above recited Act so as to provide that the mayor or acting mayor shall have authority to punish all violations of the town ordinances of Harrison, by any fine not to exceed one hundred dollars, by imprisonment in the county jail 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. 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 that section 7 of the above recited Act, to wit: An Act to incorporate the town of Harrison, in the county of Washington, to grant certain powers and privileges to the same, and for other purposes, approved December 21, 1886, be, and the same is, hereby amended by adding at the end of said section the following: That said mayor and council shall at their first meeting in January of each year elect three intelligent, discreet and upright persons, citizens and qualified voters in said town, and the owners of real estate therein, as town tax-assessors, whose terms of office shall be one year. Said town assessors shall at any time be removed from office

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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 town for the purpose of taxation by said town, and it shall be their duty to examine the tax returns placed before them by the officers receiving the same, and increase the valuation of personal property thereof when, in their judgment, the value placed thereon is too small. The mayor and council shall have the authority to prescribe rules for the government of said city tax-assessors; shall make returns of the assessments made by them to the mayor and council each year at such time as the mayor and council may by ordinance direct. If any taxpayer is dissatisfied with the assessment made of his property, either real or personal, by said assessors, such tax-payer shall, within ten days after the assessors have made their return to the mayor and council, file written notice with the clerk of council of his dissatisfaction, and shall name in his said notice one arbitrator to represent him in fixing the value of his said property. Upon such notice being filed with the clerk, it shall be his duty to notify the mayor of the fact, and it shall be the duty of the mayor to forthwith name an arbitrator to represent said town in fixing the value of the property in dispute; and the two arbitrators so selected shall be immediately notified by the town clerk and shall forthwith select an umpire, and the board of arbitrators so constituted shall immediately proceed to give their award as to the value of such property, which award shall be returned to the town clerk, and shall be final on both the town and the taxpayer. The town assessors shall take such oaths and receive such compensation as the mayor and council may prescribe. They shall have the power to require any tax-payer to furnish them a list of all notes, accounts, mortgages, stocks, bonds and other securities and investments whenever in their opinion the same is necessary for a correct assessment, and to punish for contempt, as may be prescribed by ordinance, for failure or refusal to do so. The mayor and council shall have the power and authority to pass such ordinances as are required to effectuate this section. Harrison, town of, tax assessors for. SEC. 2. Be it further enacted by the authority aforesaid, That section 8 of the above recited Act be, and the same is, amended by adding at the end of said section the following: Be it enacted that the mayor and council shall have the power to organize a mayor's court, and the mayor or acting mayor shall preside therein and hold sessions daily, or as often as may be

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necessary to clear the guard-house. He shall have cognizance of all violations of the city ordinances, and may punish all violations of said ordinances by any fine not to exceed one hundred dollars, by imprisonment in the county jail of Washington county for any term not exceeding 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 by compulsory work at such other place as the mayor or acting mayor may direct. Any or all of the above punishments may be inflicted in the discretion of the mayor or acting mayor, and said mayor and acting mayor shall have authority to impose any of the above punishments in the alternative. Mayor's court. SEC. 3. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902. HAWKINSVILLE, NEW CHARTER FOR. No. 199. An Act to create a new charter for the city of Hawkinsville, to revise, consolidate and amend the several Acts pertaining thereto, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by 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 Hawkinsville, located in the county of Pulaski and the State of Georgia, be, and they are, hereby incorporated under the name and style of City of Hawkinsville, and by that name shall be, and are, hereby invested with all the rights, powers and privileges incident to municipal corporations in this State, and all the rights, powers and privileges, titles, property, easements and hereditaments now belonging or in anywise appertaining to said city of Hawkinsville, as heretofore incorporated, shall be, and are, hereby vested in the city of Hawkinsville created by this Act. And the said city of Hawkinsville, 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 aldermen, who shall compose the city council, such ordinances, rules, regulations and resolutions for the transaction of its business and

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the welfare and proper government of said city as to said city council may seem best, and which shall be consistent with the laws of the State of Georgia and with the laws of the United States. And the said city of Hawkinsville shall be able by law to purchase, hold, rent, lease, receive, sell, exchange, 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 and nature soever, within or without the limits of said city, for corporate purposes. Said city of Hawkinsville, created by this Act, is hereby made responsible as a body corporate for all legal debts, liabilities and undertakings of said city of Hawkinsville as heretofore incorporated. Hawkinsville, city of, charter for. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of the city of Hawkinsville shall be as follows, to wit: Commencing at the point where the mile branch empties into the Ocmulgee river south of said city, and following the run of said branch as a boundary line on the south and west to the point of said mile branch where the same is crossed by the original land line running north and south between lots of land numbers 194 and 223 in the 4th District of Pulaski county, then running north along said original land line to Mitchell's rose hedge and along said hedge and from the northern end of the same in a continued straight line north or northerly to Town Creek, and then down the run of said Town Creek to the point where it passes under the trestle of the Southern Railway; thence east along the line of said railroad across its bridge over the Ocmulgee river to the east of said river; thence down the said east bank of said river to a point opposite the point of commencement; thence west across said river to said point of commencement, the boundaries of said city being the east bank of the Ocmulgee river on the east, the mile branch on the south, the original land line running north and south between lots of land numbers 194, 223, in the 4th District of Pulaski county, Mitchell's rose hedge and a line running from Mitchell's rose hedge direct to Town Creek on the west, and Town Creek and the Southern Railway on the north. Corporate limits. SEC. 3. Be it likewise enacted by the authority aforesaid, That the government of said city shall be vested in a city council composed of a mayor and six aldermen. The present mayor and aldermen of the city of Hawkinsville 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 rights, powers and duties hereby conferred on the city council of said city created by this Act. Mayor and aldermen.

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SEC. 4. Be it further enacted by the authority aforesaid, That on the second Wednesday in January, 1904, and regularly every two years thereafter, there shall be elected a mayor who shall serve for two years and until his successor is elected and qualified. On the second Wednesday in January of each year there shall be an election held in said city for three aldermen, each to serve for two years and until their successors are elected and qualified. At the first regular meeting of the mayor and aldermen after their election and qualification they shall elect from the aldermen a mayor pro tem., whose term of office shall be for one year. In the event a vacancy occurs in the office of mayor or aldermen, by reason of resignation, removal from the city, death or otherwise, the city council shall order an election to fill said vacancy, which election shall be held in not less than ten days from the date of said vacancy, nor more than thirty days after said vacancy occurs, notice of which election shall be published once in one or more newspapers in said city, and by posting a written notice thereof for ten days at two or more of the most public places in said city. Said election shall be held and managed, returns made and results declared in the same manner as regular elections, as hereinafter provided; provided, however, that if any vacancy occurs in office of mayor or of any alderman within less than four months from the date of the next regular election the city council shall themselves select some fit and proper person for said vacancy and by resolution declare him chosen to fill the vacancy. If the office of mayor pro tem. shall from any cause become vacant, the city council shall elect one of the remaining aldermen as mayor pro tem. for the unexpired term. Elections for mayor and aldermen. SEC. 5. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of mayor or alderman who shall not 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 in force in said city. Eligibility. SEC. 6. Be it further enacted by the authority aforesaid, That the mayor of said city shall be its chief executive officer. He shall see that all laws, ordinances, resolutions and rules of said city are faithfully and fully executed, and that all the officers of said city faithfully execute the duties required of them. He shall have general supervision of the affairs of said city, shall preside at all meetings of the city council, and at the police court, except as herein otherwise provided. Mayor, executive powers and duties. SEC. 7. Be it further enacted by the authority aforesaid, That the mayor, and mayor pro tem. while acting as mayor, shall not

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have the right to vote upon any question before the council except in case of a tie; but said mayor or mayor pro tem. shall have the right to veto any resolution or ordinance adopted or enacted by the council, which veto must be filed with the clerk in writing, together with his reasons therefor, within four days after their action on said measure, and be entered of record on the minutes of council; and said measure shall not be effectual unless passed over said veto by a vote of two-thirds of council at the first or second regular meeting of council after said veto, and not thereafter; provided, however, that within two days after said veto power is exercised the mayor or mayor pro tem., as the case may be, shall call a special meeting of council, and if all the aldermen, or all save one of the aldermen, be present, they may, in their discretion, then and there act on said measure so vetoed. Mayor's vote and veto. SEC. 8. Be it further enacted by the authority aforesaid, That during the sickness, absence or disqualification of the mayor the mayor pro tem. shall act as mayor; or in the sickness, absence or disqualification of the mayor pro tem. any one of the aldermen chosen by the city council shall be clothed with all the rights and privileges of the mayor, and shall perform the mayor's duties for the time being. Mayor pro tem. SEC. 9. Be it further enacted by the authority aforesaid, That the mayor and four aldermen shall constitute a quorum for the transaction of any business before the city 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 is presiding, shall be entitled to vote only in case of a tie. Said city council shall hold regular meetings at stated times at the council chamber in said city, and shall hold such called meetings as may be ordered by the mayor for special purposes, or when requested to by a majority of the aldermen. All meetings by the council shall be public, and the public shall be allowed at all times to witness their deliberations, except when the city council resolves itself into executive session, when the public shall be excluded. City council, sessions of. SEC. 10. Be it further enacted by the authority aforesaid, That it shall be the duty of the city clerk to collect and keep, subject to the direction of the city council, all moneys due and belonging to the city, except as hereinafter otherwise provided; to be the custodian of the books and records of the city; to attend and preserve a minute of all the acts and doings of each meeting of the city council; to be ex officio clerk of the police court of said city, and to perform all the duties usually required of a clerk of a court of

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like character; to be ex officio clerk of the board of tax-assessors, and ex officio clerk of the bond commission, and ex officio clerk of the board of health of the city, and to perform such other duties as are required of him by this Act and which may be required of him from time to time by the city council. Before entering upon the duties of his office the city clerk shall execute such bond with good security, in an improved surety company (the premiums to be paid by the city), conditioned upon the faithful discharge of his duties, in such sum as may be required of him by the city council. He shall make quarterly reports to the city council of all receipts and disbursements in detail, and each of said reports shall be published in a newspaper in said city. He shall also make to the council an annual report. He shall cause to be published in some newspaper published in said city a full report of all council meetings. He shall keep in a separate fund the moneys received from the dispensary and retained by the city council for general purposes. Clerk, duties of. SEC. 11. Be it further enacted by the authority aforesaid, That the expenditures of the city council and the compensation of the said officers shall be paid out of the city funds by an order drawn by the clerk of council upon the city treasurer and countersigned by the mayor or mayor pro tem. of the council out of the city funds in the hands of the city treasurer, who shall keep a book in which he shall make an entry of all the sums of money paid out and to whom and for what purpose, and shall take a receipt for all sums of money paid out, which book and receipts shall at all times be subject to the inspection of any citizen of said city, and all sums of money paid into the hands of the treasurer by the provisions of this Act shall, and the same are, hereby directed to be a fund for the exclusive use of said city. Treasurer, disbursements by. SEC. 12. Be it further enacted by the authority aforesaid, That there shall be elected annually by the council a city treasurer, whose duties shall be such as are usual or which may be required of him by the ordinances of said city. He shall give such bond and security as said city council may prescribe. The offices of city clerk and city treasurer may be consolidated in the discretion of the city council. Treasurer, election, etc., of. SEC. 13. Be it further enacted by the authority aforesaid, That at the first regular meeting in each year of the new city council they shall elect some competent attorney of the city of Hawkinsville as city attorney, to hold his office for one year and until his successor is elected and qualified. He shall, when requested, attend all meetings of the city council; give, when requested, his legal opinion to the mayor or city council or the head of any of the city

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departments on any official matter; represent the prosecution in any matter in the police court when requested so to do by the mayor or other presiding officer of the police court; to make an annual report to council of his official acts and doings, and to perform such other duties incident to his office as may be required of him by the proper authority. City attorney. SEC. 14. Be it further enacted by the authority aforesaid, That the compensation of the mayor, the aldermen, city clerk, treasurer, city attorney, and of such other officers, servants or employees of the city shall be such sums as the council may fix. Salaries. SEC. 15. Be it further enacted by the authority aforesaid, That said city council shall have authority and power to elect such marshal, clerk and treasurer, and other officers, as they may deem necessary for the purpose of carrying into effect the provisions of this Act and the powers hereby conferred upon them, and to prescribe the compensation of such subordinate officers, and to require such bonds for the faithful and due performance of the duties of such officers as they may deem necessary and proper. They shall have power to suspend or remove them from office for a breach or neglect of duty or incapacity to discharge their respective duties for any cause. Officers. SEC. 16. Be it further enacted by the authority aforesaid, That any officer of said corporation who shall be guilty of malpractice or abuse of the powers conferred upon him shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in Code of Georgia, 1895, section 1039, and shall be removed from office. Malpractice. SEC. 17. Be it further enacted by the authority aforesaid, That there shall be a police court in and for said city for the trial of all persons accused of offenses against the laws and ordinances of said city, to be presided over by the mayor in the council chamber, as often as necessary. In the absence of or disqualification of the mayor, the mayor pro tem. shall preside in said court, and in the absence or disqualification of the mayor or mayor pro tem., any alderman may hold said court. Said court shall have the power to preserve order, compel the attendance of witnesses, and to punish for contempt by imprisonment not exceeding five days in the city prison, or in the county jail of Pulaski county, or by a fine not exceeding twenty dollars; and said fine may be collected by execution issued by the clerk and levied by the marshal or any of his deputies. Said police court shall be authorized and empowered to punish by imprisonment in the city prison for a term not exceeding thirty days; by compelling the offender to labor upon the streets of said city for and during the space of sixty days

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by a fine of not exceeding one hundred dollars, which fine may be collected by execution, either one or both or all of said penalties in the sound discretion of the court. Either one of the said punishments may be imposed as an alternative punishment to some other mode imposed. The city clerk and the chief of police of said city shall be entitled to receive such costs and fees as the city council may prescribe from the defendant or losing party. Police court. SEC. 18. Be it further enacted by the authority aforesaid, That the members of the police force of this city, the mayor and aldermen, may arrest without warrant any person guilty of a violation of the ordinances of said city, or reasonably suspected, and bring the offender before the police court for trial, and to this end may summon any of the by-standers as a posse to assist in such an arrest. When brought before said court a written or printed accusation shall be preferred against the offender, in manner and form as follows: State of Georgia, City of Hawkinsville: I, , a member of the police court of said city, in the name and behalf of the city of Hawkinsville, charge and accuse with the offense of (here state the offense) contrary to the laws of said city, peace, good order and dignity thereof, this day of 19 ; and shall be signed by some member of the police force of said city where prosecuting; and when such accusation is preferred in substance as aforesaid, the same shall be sufficient authority to hold the accused until the final trial of the case, but the accused may give bond and security to appear at such other time as the case may be adjourned to; and in default of such bond being given the accused may be imprisoned to await a trial. If such bond be given and the accused should fail to appear for trial the bond may be forfeited by the mayor or mayor pro tem. at the instance of the chief of police and execution issued thereon upon serving the defendant, if to be found, and his securities in such manner as said mayor or city council may prescribe, with a rule nisi at least five days before the hearing of said nisi. Arrests. Appearance bonds SEC. 19. Be it further enacted by the authority aforesaid, That any person convicted before the mayor or other presiding officer of the police court may enter an appeal from the judgment of said court to the city council; provided, the appeal be entered within four days after the judgment complained of is pronounced; and provided further, the defendant pays all accrued costs in the case and gives bond to abide the final judgment of the case, which bond must be approved by the clerk or the chief of police. The city council shall, as early thereafter as practicable, hear and determine said case so appealed, and shall investigate the case de novo. They shall have power, if they find the defendant guilty, to

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decrease or increase the fine imposed by the mayor. Any person convicted by the mayor, or by the council on the appeal, may have the right of certiorari to the superior court of Pulaski county; provided, all costs are first paid and bond and security given in double the amount of fine imposed, if a fine is imposed, to answer the final judgment rendered in the cause; and provided further, nothing in this section shall prevent a defendant who desires to appeal his case to the city council, or an applicant for certiorari to file the usual pauper affidavit in lieu of either the giving of the bond and security and the payment of costs, either or both; and provided further, that the applicant failing to give the bond and security may, in the discretion of the mayor, be imprisoned to await the final judgment on the appeal or certiorari. Certioraris above mentioned shall be governed by the same rules that shall govern all other certioraris, except as above specified. Appeals. Certiorari. SEC. 20. Be it further enacted by the authority aforesaid, That the city council of Hawkinsville shall have the power to organize one or more work gangs, and to confine at labor therein persons who shall have been sentenced by the courts of said city to work upon the streets, or who have not paid their street tax, and shall have power to make all rules and regulations that may be suitable, usual or necessary for the government, discipline and control of such work gangs, and to enforce the same through its proper officers. Chaingang. SEC. 21. Be it further enacted by the authority aforesaid, That the mayor and each alderman shall be, to all intent and purposes, a justice of the peace so far as to enable them or any of them to issue warrants for offenses either against State or city laws committed within the corporate limits of said city, which warrants may be executed by any member of the police force of said city or any lawful officer, and to commit to jail or admit to bail according to law defendants for their appearance before the proper court, to await his, her or their trial. Mayor ex officio a justice of the peace. SEC. 22. Be it further enacted by the authority aforesaid, That the police court of said city shall have full power and authority upon proof of the maintenance or existence of ill-fame houses or bawdy houses within said city, to cause the inmates of said houses to be forcibly removed without the limits of said city, upon giving them ten days' notice, or to punish him, her or them by a fine not exceeding the sum of ten dollars for each day he, she or they may remain after said notice, or by imprisonment in the guard-house of said city not exceeding twenty days, or both, in the discretion of the police court trying the same. Bawdy houses. SEC. 23. Be it further enacted by the authority aforesaid, That

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the city council shall elect for such time as they deem proper a chief of police, who shall be ex officio marshal of said city, and shall from time to time elect such other policemen and for such terms as they see fit; each policeman shall be ex officio deputy marshal. Chief of police. SEC. 24. Be it further enacted by the authority aforesaid, That it shall be lawful for any member of the police force of said city to arrest without warrant any and all persons within the corporate limits of said city who, at the time of said arrest or before that time, have been guilty of offense against the ordinances of said city, or who have been strongly suspected of being guilty, and to hold said persons so arrested until a hearing of the matter before proper officers can be had; and to this end said arresting officers are authorized to imprison for a reasonable length of time said parties. The members of said police force are authorized to the same extent as are sheriffs of this State to execute State warrants. Arrests. SEC. 25. Be it further enacted by the authority aforesaid, That the police officers of said city shall release any person arrested within the corporate limits of said city upon said person giving a bond with good security, to be approved by the clerk or chief of police, conditioned to pay the obligee in said bond, to wit the city of Hawkinsville, the amount therein stated in the event said person so arrested does not appear for trial. And should said person fail to appear at the time and place fixed in said bond, said bond may be forfeited in the mayor's court in the usual way, or as city council may prescribe. Appearance bonds SEC. 26. Be it further enacted by the authority aforesaid, That executions for any and all taxes, licenses, fines, assessments, forfeitures or demands made by the city, or its corporate authorities, against any person or corporation whatsoever, shall be issued by the clerk of said city, bear test in the name of the mayor thereof, and shall be directed to the marshal of said city, and his deputies, and to all and singular the sheriffs of said State, their deputies and constables. The levy, advertisement and sale shall conform to the laws of Georgia as to sheriff's sales in all respects, except that when the property levied upon is personalty, the rules pertaining to constable sales shall govern. Executions. SEC. 27. Be it enacted by the authority aforesaid, That the said city council shall elect from the citizens of the said city at the first regular meeting of a new council in each year a board of health consisting of five members, at least one of whom shall be a practicing physician of said city. None but the chairman shall receive compensation for this service, and he shall be paid from the treasury of the city such compensation as the city council may fix. The said board

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of health shall make recommendations from time to time to the city council on matters pertaining to the health, comfort and sanitary condition of the city, and shall take such precautionary measures against the spread of contagious, infectious and epidemic diseases as they may deem expedient; and shall make reasonable rules and regulations for the government of localities, places and persons in line with the purposes for which this board is created; and any person failing to obey any reasonable rule, order or regulation shall be guilty of an offense against said city and shall be punished accordingly. Said board shall meet at least once a month and oftener at the call of the chairman. Their rules, orders and regulations shall by its clerk be published as shall also the minutes of its meetings, except when by order of the board it is thought inexpedient to publish their minutes, or any part of them. They shall have power to establish quarantine, pest-houses and the like. The mayor or city council shall designate some member of the police force as sanitary inspector, or they shall appoint a regular sanitary inspector, who in either case shall be the executive officer of the board of health. Board of health. SEC. 28. Be it further enacted by the authority aforesaid, That the city council shall provide for, equip and maintain a fire department, either paid or volunteer, and shall have power to make all necessary ordinances for their control, preservation, efficiency and maintenance. Fire department. SEC. 29. Be it further enacted, That the city council of Hawkinsville be, and it is hereby empowered to purchase, build and maintain a system of water-works, drainage and sewerage for said city; to hold an election on a day specified by law to determine the question of creating a bonded debt for said purpose not to exceed in the aggregate $75,000, or for such less sum as the city council may determine upon, the bonds to be of such denomination as said city council may think best, to be due and payable at any time within thirty years after issue, as said city council may determine, and that said bonds, when issued, shall bear interest not to exceed six per cent. per annum; to provide at and before the incurring of such indebtedness for the assessment and collecting of an annual tax sufficient in amount to pay the principal and interest of said debt as the same falls due, such portion as may be necessary to be set apart as a sinking-fund with which to pay said bonds at maturity. The tax hereby authorized and required to be levied shall be in addition to that levied under the charter of the city for school purposes, and for general purposes; provided, however, that it shall be provided in said bonds that the city may, at any time after five years from their date, redeem said bonds or any of them upon the payment of not exceeding six per cent. per annum. Water-works.

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SEC. 30. Be it further enacted by the authority aforesaid, That said bonds herein authorized to be issued shall be sold as hereinafter provided, and the proceeds of said sale shall be used for water-works, drainage and sewerage for the city of Hawkinsville. Said bonds shall be executed by the official signatures of the mayor and city clerk of the city of Hawkinsville, and having affixed thereto the corporate seal of the city. The coupons or interest warrants shall be signed by the clerk of the city, and each coupon or interest warrant shall indicate the bond to which it belongs. The city clerk shall keep a record of the numbers and denominations of all the bonds issued. Water-works bonds. SEC. 31. Be it further enacted by the authority aforesaid, That said bonds as they fall due and the interest coupons or warrants upon said bonds shall be paid by order of the bond commission on presentation at the office of the city clerk when due, or at such agency in the city of New York as may be designated by resolution of the bond commission adopted before issuance of said bonds. The principal of said bonds, when they shall become due, and the coupons of the same when they become due, shall be receivable by the city of Hawkinsville in payment of all dues to the city of Hawkinsville, and said bonds shall not be taxable, either directly or indirectly by the city of Hawkinsville. SEC. 32. Be it further enacted by the authority aforesaid, That as soon as the bonds to be issued under this provision shall have been signed by the mayor and city clerk, and the corporate seal of the city attached thereto, they shall be turned over to the bond commission of the city of Hawkinsville created by this charter, and by said commission sold in the following manner: They shall advertise said bonds for sale to the highest bidder for thirty days in such newspapers and in cities as they think best for bids for said bonds, and the said bonds shall be sold to the highest and best bidders; provided, that in no event shall said bonds or any of them be sold for less than par. SEC. 33. Be it further enacted by the authority aforesaid, That before the bonds herein provided for shall be issued, the assent of two-thirds of the qualified voters of the city of Hawkinsville shall be obtained in the manner now provided by law as prescribed in sections 377, 378, 379 and 380 of the Code of Georgia of 1895. Election. SEC. 34. Be it further enacted by the authority aforesaid, That if, at the first election held under this provision for the issuance of water-works, drainage and sewerage bonds, the necessary two-thirds of the qualified voters do not give their assent to the issuance of the bonds specified, that it shall be lawful for the city council within

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six months after the first election thereon, to again, in the same manner, submit the question of bonds to the qualified voters of the city. Other elections SEC. 35. Be it further enacted by the authority aforesaid, That the city council of Hawkinsville be, and they are, hereby empowered to purchase, build, operate and maintain a system of electric lights for said city, for the purpose of lighting the public streets of said city, the city property of all kinds, and furnishing electric light and power to private citizens and corporations of said city; to hold an election on a day specified as now required by law to determine the question of creating a bonded debt for said purposes not to exceed in the aggregate the sum of fifteen thousand dollars; and that said elections shall be called and held and the question determined, and the bonds issued and sold and their proceeds applied, the tax raised, and bonds and the coupons paid off in the same manner as is provided herein for water-works, drainage and sewerage in and for said city. And that the provisions of the sections relative to the issuance of bonds for water-works, drainage and sewerage of this character apply in all respects to the subject-matter of this section. Electric lights. SEC. 36. Be it further enacted by the authority aforesaid, That for the purpose of raising revenue for the support and maintenance of the government of the city of Hawkinsville, the city 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 one-half of one per centum upon the value of said property; provided, however, that for the purpose of meeting the interest on bonds now or hereafter issued by said city authorities a greater ad valorem tax may be levied, if it becomes necessary, in the judgment of the city council. Ad valorem tax. SEC. 37. Be it further enacted by the authority aforesaid, That at the first meeting of each year after the newly elected aldermen qualify, or as soon thereafter as practicable, the city council shall elect three citizens of said city as tax-assessors, whose duty it shall be to receive the tax returns of said city on property. Said tax-assessors shall hold their office for one year. All vacancies occurring on said board shall be filled by the city council. Said assessors, before entering on the discharge of their duties shall take and subscribe to an oath to faithfully and fearlessly perform the duties of their office. Tax-assessors. SEC. 38. Be it further enacted by the authority aforesaid, That it shall be the duty of every citizen and property owner, and they are hereby required to make annual returns under oath to said board of tax-assessors within the time prescribed by said assessors, of a full and complete schedule of all their taxable property, held in

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their own rights and in behalf of others; and in case any person shall fail or refuse to make such returns or shall make any return deemed by the board of assessors incorrect, said board of assessors shall assess the property of such person and fix such value thereon as they may deem correct and just. A majority of said board of assessors shall constitute a quorum. It shall be the duty of said assessors to scrutinize carefully each and every return made by any taxpayers to 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 assessors shall give such property owner or his agent a notice to show cause before them at a certain time and place why said valuation should not be raised and said return corrected, and notice throughout the mails shall be deemed sufficient notice. After said hearing is had or the time fixed for the hearing has expired, said board may alter the assessment or not, as they deem just and right. In all cases the decision of said assessors shall be final. Tax returns. SEC. 39. Be it further enacted by the authority aforesaid, That all property not returned for taxation during March and April of each year shall be double taxed; provided, however, that the board of tax-assessors shall have power in their discretion, under such rules and regulations as they may prescribe, to relieve against the double tax for good cause shown. Double tax. SEC. 40. Be it further enacted by the authority aforesaid, That the city council shall, early in each year, fix a time for the valuation of property for taxation, and in the absence of a time fixed by said city council, the first day of March in each year shall be the time for valuation of property for taxation. Time for valuation. SEC. 41. Be it further enacted by the authority aforesaid, That there shall be a lien on all property, real or personal, of said citizens of said city, for all corporation taxes assessed thereon, licenses due and for all fines and penalties assessed upon the owners thereof from the date they are assessed and imposed, which shall have a priority over all other liens except for taxes due the State and county, and which may be enforced by executions issued by the clerk of said city and levied by the marshal. Liens. SEC. 42. Be it further enacted by the authority aforesaid, That in case any property which is subject to taxation was not assessed by the tax-assessors, or returned for taxation, 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 said year or years, and double tax it, if there has been a failure to return it as required by law; and if the city council shall have provided for the double taxing of defaulters, execution

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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 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 from return or assessment, and the collection of taxes thereon omitted in any year; and assessments may be made and executions issued therefor hereunder, as well for years prior to the passage of this Act as hereafter. The city council shall provide by ordinances, when they shall be necessary, for the fully carrying into effect this section. Back taxes. SEC. 43. Be it further enacted by the authority aforesaid, That the city council shall have power to require every male inhabitant in said city who, by the laws of Georgia, is subject to be worked on the public roads, to work such length of time on the public streets, etc., of said city as said city council shall direct by ordinances, in no case to exceed ten days of each year. Said person so subject to be worked on the streets of said city shall have the right to relieve himself of said work by paying a commutation tax or street tax, the amount of which shall be fixed by ordinance, and which shall in no event exceed the sum of five dollars in one year; said work to be done and said commutation or street tax to be paid at such times as may by ordinance be prescribed. Any person subject to work on the streets who shall fail to work or to pay said tax, after having been duly notified, may be punished in the police court as other offenders against the ordinances of said city. Street work or commutation tax. SEC. 44. Be it further enacted by the authority aforesaid, That said city council shall have the power to regulate the sale of liquors and all intoxicating drinks within the limits of said city; make rules and regulations for the government of places wherein intoxicants are sold; prescribe a license for the sale thereof; to exact a tax thereon; to prescribe the license for doing all other kinds of business within the limits of said city; to provide that all persons, before engaging in any business in said city who are subject to pay license or tax, shall register their names, place and character of business with the clerk, and to take out a license therefor, the terms of which license to be regulated by the council; to make it an offense against said city to engage in any kind of business in said city without first registering and paying the license fee required; provided, of course, that this shall not apply to those persons exempt from paying license from the laws of this State. Liquor sale of. SEC. 45. Be it further enacted by the authority aforesaid, That the said city council shall have power to require a license of persons giving theatrical, spectacular, or other light performances,

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circuses; also power to license, regulate and control butcher-pens, tan-yards, blacksmith-shops, forges, railroads, express, telegraph and telephone companies and factories of all kinds. License. SEC. 46. Be it further enacted by the authority aforesaid, That the corporation of the city of Hawkinsville is hereby authorized to assess against the telegraphs, telephones, fire, life and accident insurance companies and their agents, express, railroad companies and banks doing business in said city, a special license, extra or general tax, such as it is now authorized to assess against individuals, or the property of individuals; and that the corporation of said city is hereby authorized to collect such tax as it may assess as herein authorized in the mode and manner authorized for the collection by the corporation of said city of any other tax. Specific taxes. SEC. 47. Be it further enacted by the authority aforesaid, That the public schools now established in the city of Hawkinsville under provisions of an Act approved August 11, 1891, shall be and remain under the exclusive jurisdiction and authority of a board of seven trustees, who shall be elected by the mayor and city council from among the citizens of said city, and whose terms of office shall be three years from the date of their election. It shall be their duty exclusively to employ and elect all teachers for said public schools and to make such laws, rules and regulations for the government of said schools as they may deem necessary, and said board of trustees shall be further empowered to elect their own president, secretary and treasurer, and the persons so appointed by board shall hold their offices for such terms as the board may prescribe. All vacancies on the school board shall be filled by the city council. Public schools. SEC. 48. Be it further enacted by the authority aforesaid, That said board of trustees shall have authority to charge a reasonable incidental fee for each child admitted into said schools as they may order from the parent, guardians or natural protector of said child. Entrance fee. SEC. 49. Be it further enacted by the authority aforesaid, That the schools established under said Act shall continue to be provided and kept separate for the white and colored children of said city. Separate schools for white and colored. SEC. 50. Be it further enacted by the authority aforesaid, That it shall be the duty of the city council to have, prepare and furnish the State school commissioner immediately upon the passage of this Act, and annually thereafter by first day of December, a list or census of all children of school age resident in said county and attending the public schools of said city entitled to the State school fund; and the said State school commissioner shall pay over to the city clerk direct such proportion of said educational fund as the children attending such public schools are entitled to by law; said

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money so received to be paid by the city clerk to the treasurer of the board of trustees of the public schools. Public school fund, pro rata share. SEC. 51. Be it further enacted by the authority aforesaid, That the trustees of said public schools may admit the children of non-residents to the benefits of said public schools upon such terms as to them may seem reasonable and just. Non-residents. SEC. 52. Be it further enacted by the authority aforesaid, That said corporation is hereby authorized, empowered and required to levy and collect a tax annually, in addition to that now authorized by law, upon the taxable property of said city, not to exceed one per cent., for the purpose of establishing and maintaining the public schools of said city; provided, the sum so raised shall be used only for the purpose of establishing and maintaining public schools of said city. School tax. SEC. 53. Be it further enacted by the authority aforesaid, That the action of the mayor and aldermen of said city in issuing bonds with interest coupons in pursuance of an Act of the Legislature of Georgia, approved August 11, 1891, for the purpose of establishing and maintaining the public schools of said city, be, and the same is, hereby ratified and confirmed; and the city council are hereby authorized and empowered to levy, assess and collect annually a sufficient tax upon and from the property in said city, real and personal, to pay the principal and interest of said bonds as they shall become due, which tax shall be separately levied, assessed and collected for the specific purpose herein designated, and shall forthwith turn over to the bond commission, and shall not be used or applied to any other purpose whatever. Any money remaining on hand, received and collected by taxation under this Act, after the payment of maturing interest coupons and bonds each year, shall be held by said bond commission as a sinking-fund for the payment of the bonds and interest maturing the next year. School bonds. SEC. 54. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Hawkinsville are hereby authorized, empowered and required to establish and maintain public schools in and for said city for the benefit of the children whose parents, guardians or natural protectors are residents of said city; but that no child or children shall be the recipients of the benefits of said public schools who are under six years and over eighteen years of age at the time they enter said school, and whose parents, guardians or natural protectors have not been actual residents of said city for one month preceding the time of their application for admission into said school; but this section shall not be construed to exclude from said school the children of any parent or natural protector, though non-resident, who is at the time the owner in fee

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simple of real or personal estate in said city of the value of $500.00 by the corporation return or assessment. Public schools, beneficiaries of. SEC. 55. Be it further enacted by the authority aforesaid, That all elections held under the provisions of this charter, and all elections in which any subject, if submitted to the qualified voters of the city of Hawkinsville, shall be superintended and managed by some judicial officer and two freeholders, or by three freeholders, all of whom reside in the city of Hawkinsville, and each of said managers before entering upon his duties shall take and subscribe before some competent officer, or before one of their number, 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 city hall or council chamber in said city and shall be by ballot. The polls shall open at seven o'clock a.m. and close at three o'clock p.m. Persons receiving the highest number of votes cast for the respective offices shall be declared elected. The managers of all elections held under the provisions of this charter shall be chosen by the city council, who shall provide for the pay of managers and their clerks; provided, however, that if the managers as chosen fail to act, then the mayor or mayor pro tem. shall appoint other managers. So far as possible all the provisions of this charter on the subject of elections shall apply to primary elections held in said city. Elections, how held. SEC. 56. Be it further enacted by the authority aforesaid, That in case the managers of any election shall have any reasonable doubt as to the qualifications of any voter, or should any vote be challenged, they shall administer to said voter the following oath: You do swear that you are a citizen of the State of Georgia, that you have attained the age of twenty-one years, that you have resided one year in this State, and for the last six months within the corporate limits of the city of Hawkinsville, and have paid all taxes legally required of you by said city of Hawkinsville, so help you God. Oath of voter. SEC. 57. Be it further enacted by the authority aforesaid, That any person voting illegally at any election herein provided for, or at any primary election held in said city, shall be guilty of a misdemeanor, and be punished as prescribed in section 1039 of the Code of Georgia. Illegal voting. SEC. 58. Be it further enacted by the authority aforesaid, That 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

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deliver the same to the ordinary of Pulaski county, Georgia. The other tally-sheet and list of voters, together with a certificate showing the result of the election, signed by the 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 city council after the expiration of three days from said election deliver said package to said city council, who shall open the same and declare the result. If any person desires to contest the result of any election held in said city the general laws of the State governing municipal contests shall control. Lists of voters. SEC. 59. Be it further enacted by the authority aforesaid, That a bond commission of the city of Hawkinsville is hereby created, composed of three discreet and conservative business men of the city of Hawkinsville, to be chosen by the city council as follows: The city council shall as soon after the passage of this Act as practicable, and no later than the first meeting of the first new council elected hereunder, select from the citizens of Hawkinsville three bond commissioners, one to serve one year, and until his successor is elected and qualified; one for two years, and until his successor is elected and qualified, and one for three years, and until his successor is elected and qualified; and the successor of each of those first appointed shall hold their office for three years and until their successors are elected and qualified, and at the expiration of the term for which each commissioner was chosen his successor shall be elected. The bond commission shall handle and control such sums as shall from time to time be turned over to it for the purpose of raising a sinking-fund for the final redemption of the bonds of the city which now exist or which may hereafter exist, as well as provide for the payment of the interest which may become due on the present or any future bonds of the city of Hawkinsville. Bond commission. SEC. 60. Be it further enacted by the authority aforesaid, That the city clerk and treasurer shall immediately open an account on his books with the bond commission of the city of Hawkinsville, and shall pass over to said commission all taxes collected under existing laws or which may be raised in future for the purpose of paying any bonded debt or interest thereon due by or against the city of Hawkinsville; and the city council shall pay over to said bond commission annually a sufficient sum to pay the accruing interest and the amount required by law to be held as a sinking-fund for the final redemption of the entire bonded indebtedness. Said commission shall have power to invest any of the moneys in its custody in valid State, county and municipal bonds, and to dispose of the same, and to reinvest the proceeds, and in their discretion to buy up the bonds of the city, or any of them, before maturity, paying

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premium therefor in their wise discretion. The city council shall each year appropriate a sufficient sum of money also to defray the necessary expenses of the commission. Payment of bonds. SEC. 61. Be it further enacted by the authority aforesaid, That so long as there are any outstanding bonds of the city of Hawkinsville, one half of the share of the city of Hawkinsville in the net profits, dividends, or other income derived from the dispensary now located in the city of Hawkinsville, or of any other similar dispensary similarly located, shall, by the city council of Hawkinsville, be turned over as it is paid to them to the bond commission of the city of Hawkinsville, to be used by said bond commission as a sinking-fund for the final redemption of any bonds now outstanding, or which may be hereafter outstanding against the city of Hawkinsville, said fund to be used by them as otherwise provided herein. Said bond commission shall on the first day of January of each year submit a written statement, sworn to by the members of said commission to the city council, which statement shall be published in some newspaper of said city, giving a full and accurate statement of all the moneys in their hands, and of the amount and maturity of the outstanding bonds of the city, and on all other matters that go to illustrate the matter over which they have jurisdiction. Dispensary profits. Reports of bond commission. SEC. 62. Be it further enacted by the authority aforesaid, That said city council shall have authority to regulate the opening and closing of all occupations, businesses and employments within the city so as to provide at what hour each shall close and open, for the better preservation of the health, peace, good order, etc., of said city. Said city council may classify the said businesses, occupations and employments and make such regulations for each class as they deem best. Municipal regulations. SEC. 63. Be it further enacted by the authority aforesaid, That the city council of Hawkinsville shall have full power and control over the streets, sidewalks, alleys and parks of said city, and shall have full power and authority to condemn property for the purpose of opening, laying out, widening new streets, alleys and parks, and to erect any public buildings necessary for the city or any of its departments, and for widening, straightening or otherwise changing the grades of streets and sidewalks and alleys of said city; and whenever the city council shall desire to exercise the power 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 in sections 4657 and 4686 of volume 2 of the Code of 1895, and Acts amendatory thereof. Said city council shall have full power and authority to remove or cause to be removed any buildings, steps,

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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 legislation. Streets, etc. SEC. 64. Be it further enacted by the authority aforesaid, That in addition to the other powers specially delegated to the city council by this charter, they shall have power 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 places where held; to regulate the keeping of gun-powder and other combustibles; to provide for the burial of the dead and to regulate the interments; to appoint sextons for the cemeteries and to provide for their compensation; to regulate and control the public meetings and public speaking on the streets of said city; to exact licenses and license fees from persons, firms and corporations as a condition to their engaging in business or occupation within the limits of said city, and to provide for the punishment of those who engage in business within said city without the payment and registration of their license; to provide that the city shall regulate and control all telephones operated in the city, and to fix the rates, hours, and otherwise regulate the system or systems that have their phones or any number of them in the city of Hawkinsville; and to do generally all other acts and things which in the judgment of the city council will improve the morals, health, comfort, safety and convenience and general welfare of its citizens. General welfare. SEC. 65. Be it further enacted by the authority aforesaid, That all ordinances passed by the mayor and council shall, before becoming operative, be entered upon the minutes of the city council and be published at least once in some newspaper having general circulation in the city; provided, however, that in cases of urgency, the urgency to be judged of by the council and this fact referred to in the ordinances, the same shall become operative at once. Ordinances. SEC. 66. Be it further enacted by the authority aforesaid, That the city council of said city shall have full power and authority in their discretion to grade, pave, macadamize, drain or otherwise improve the sidewalks of said city. In order to carry into effect the authority above delegated, the city council shall have power and authority to assess not more than one half of the costs of paving and otherwise improving the sidewalks on the real estate abutting on the side of the sidewalks so improved, and any street railway company or other railroad company having tracks running across the sidewalks of said city shall have to pave, drain, macadamize or otherwise improve said sidewalks in such proportion as the city

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council may prescribe. Said city council shall have full power and authority to adopt by ordinance such 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 real estate according to its frontage on the sidewalks so improved, or according to the area or value of said property, either or all, as may be determined by ordinance. That the amount of assessment on each piece of realty shall be a lien thereon from the date of the passage of the ordinance providing for the work and making the assessment. The city council shall have full power and authority to enforce collection for the amount of any assessment so made for work upon the sidewalks by execution issued by the city clerk against the owner at the date of the ordinance making such assessment, which execution may be levied by the marshal or his deputy on such real estate, and after advertising and other proceedings, as in case of tax sales, the same shall be sold to the highest bidder. Such sale shall vest absolute title in the purchaser. Said city marshal shall have authority to eject occupant and put the purchaser in possession; provided, the owner of 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 Pulaski county and there tried and the issue determined, as in cases of illegality subject to the penalties provided when the illegality is filed for delay. The city council shall have authority to pave and contract to pave the whole surface of the sidewalks without giving any railroad company or other property holders abutting thereon 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 own instance, the object being to prevent delay and to secure uniformity. The lien for assessments on abutting property, and on railway companies, 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 time of the passage of the ordinance authorizing the execution of the work done in each case. Said city council shall have power and authority to prescribe by ordinance and such other rules and regulations as they may, in their discretion, think necessary to grade, pave, drain, macadamize or curb the sidewalks of said city; to enforce by execution the costs thereof against the adjacent property

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owner and railroad companies, to provide how the agents and owners thereof shall be served by personal notice or by publication. Sidewalks assessments for SEC. 67. Be it further enacted by the authority aforesaid, That the city council shall have full power and authority to establish, to 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 city council shall have entire and exclusive control and jurisdiction over all said pipes, private drains and sewers, waterclosets, privies and the like in said city, with full power to prescribe the location, construction, uses and preservation, and to make such regulations concerning them in all particulars. Sewer system. SEC. 68. Be it further enacted by the authority aforesaid, That in case any sewers or sewer, or parts of same, shall be located in or upon or through private property, the owner of said property refuses to grant a right of way for that purpose, and such owner and the party constructing said private sewer, or said owner and the city, in case the city constructs said sewer, cannot agree upon the damages to be for such easement, then assessors shall be appointed to assess the damages 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 awards 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, not withstanding the entering of an appeal. Assessments for sewers SEC. 69. Be it further enacted by the authority aforesaid, That the city clerk, or if the clerk of the city council shall be sick or absent, then some person appointed by the city council, shall open at the clerk's office, or at the council chamber, or at such other place as may be designated by the city council for that purpose, on the first Monday in November in each year a list for the registration of voters for said city, which list shall be kept open every day except Sunday between the hours of noon and 2 p.m. from that day until the tenth day before the regular election day inclusive, when said list shall be finally closed; and it shall be the duty of the clerk or other person in charge, upon application of any person entitled to vote, which application shall be made in person and not by proxy, to register the name of such person, with the street on which he lives, and his occupation; and such person, before registering his name, shall in each case subscribe before the clerk or such other person in charge of said registration list the following oath, said clerk or other person being hereby authorized to administer said oath, to

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wit: You do swear (or affirm) that you are twenty-one years of age, or will be before the next city election; that you are a citizen of the United States; that you have resided in this State for twelve months last past, and in this city for the past six months, and that you have paid all legal taxes and assessments required of you by the authorities of said city, so help you God. And the said city clerk or other person in charge shall furnish the managers of said election with a copy of said list made out in alphabetical order, as soon as the polls are opened, and failing to comply with any of the provisions of this Act, he shall be punished as the council may prescribe. Registration of voters. SEC. 70. Be it further enacted by the authority aforesaid, That the mayor and council shall have power to prevent hogs, cattle, horses, goats or other animals from going at large in said city, and to take up and impound any horse, mule, cattle, hog or other animal running at large in said city, and to pass and enforce all ordinances which they may deem necessary and proper for the regulation and control of all such animals in said city running at large. Stock pounds. SEC. 71. Be it further enacted by the authority aforesaid, That the city council of Hawkinsville shall by ordinance declare what shall be nuisances in said city, and provide for the abatement of the same, and that the police court of the city shall have concurrent jurisdiction with the city council to abate nuisances. Nuisances. SEC. 72. Be it further enacted by the authority aforesaid, That the city 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 are necessary to protect said city so far as possible from danger to fire, and from fire, and to prevent the spread of fire from one building to another. They shall have power to order any change in the construction or arrangement of chimneys, stovepipes, or flues, or the removal thereof, when in their judgement the same are dangerous, or likely to become so, and make the owner of the premises pay expenses of such changes, which may be collected by execution; and if any person shall erect any building not in accordance with the laws and ordinances of said city, the city council shall order the same removed, and if its order is not complied with by the owner or occupant, then said city council shall have power to cause the same to be removed at the expense of the owner, the cost to be collected by execution issued by the clerk. The city council shall have power to elect a building inspector, and to delegate

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to him the powers granted to the city council under this section or any or all of said powers. The city council may appoint some member of the police force as building inspector. Fire limits. SEC. 73. Be it further enacted by the authority aforesaid, That said city council shall have power to grant franchises, easements and rights of ways over, in, under and on the public streets, lanes, alleys, sidewalks, parks and other property of said city, on such terms and conditions as said city council may fix. Street franchises. SEC. 74. Be it further enacted by the authority aforesaid, That, except as herein expressly provided, nothing in this Act shall be construed to repeal the Act establishing dispensaries for certain municipalities of Pulaski county, on certain conditions, etc., nor except as expressly herein provided, any part of the Act creating a system of public schools for the city of Hawkinsville. Dispensaries. SEC. 75. Be it further enacted by the authority aforesaid, That in the event the net profits of the dispensary now established in Hawkinsville, or of any other dispensary for the sale of intoxicating liquors and the like, are divided by law in such a way that the city gets less than one-half of the net profits, then in that event said dispensary shall be liable to such specific tax to said city as the city council may prescribe, to be enforced and collected as other taxes are, either by levy and sale, or otherwise. The object of this provision is that the city of Hawkinsville shall always get half of the net profits from any dispensary operated in her limits, and the amount of license (she being hereby authorized to exact a license therefrom in the event above contemplated) or tax to be fixed with this in view. Dispensary profits. SEC. 76. Be it further enacted by the authority aforesaid, That the city council shall divide the real estate of said city into what shall be known as sanitary lots, and shall assess, levy and collect from the owner or owners of each of said lots a tax of one dollar per year from each lot which shall be known as a sanitary tax, and which shall be in addition to the other taxes in this charter authorized, and which shall be collected as other taxes under this charter are collected, and which shall be kept in a separate account, and which shall be used for the improvement and betterment of the sanitary condition of said city in such manner as the city council shall prescribe, and used for no other purpose whatever. Sanitary tax. SEC. 77. Be it further enacted by the authority aforesaid, That the city council of the city of Hawkinsville shall have authority to pass all such ordinances as may be necessary to carry into effect the provisions of this Act, not inconsistent with the Constitution and laws of this State or the United States. Municipal powers. SEC. 78. Be it further enacted by the authority aforesaid, That

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nothing herein contained shall be construed to take away from the authorities of the city of Hawkinsville any of the powers granted to it by the Act approved September 28, 1889, except when portions of that Act are in conflict with this. Existing powers. SEC. 79. Be it further enacted by the authority aforesaid, That all ordinances heretofore adopted by the mayor and council of the city of Hawkinsville for said city, and which are now in force, and which are not inconsistent with this Act, shall remain in full force and effect; and that all persons now holding office in said city shall remain in office for and during the terms for which they have been elected as officials in and for such city; provided, that said mayor and council of the city of Hawkinsville may at any time repeal, alter or amend any or all of said ordinances, or for good cause shown vacate said offices. Existing ordinances. SEC. 80. Be it further enacted by the authority aforesaid, That all Acts of the General Assembly heretofore passed conferring any powers on the mayor and council of the city of Hawkinsville or restricting any of the powers of said mayor and council, not in conflict with this Act, are not repealed; but all provisions of former Acts which are at variance with this Act are hereby expressly repealed, and all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Existing laws. Approved December 18, 1902. HAZLEHURST, TOWN OF, CHARTER AMENDED. No. 152. An Act to amend an Act to incorporate the town of Hazlehurst, in the counties of Appling and Coffee, to define the limits of said town, to provide for a mayor and alderman for the government thereof, and for other purposes, by adding after the word granted and before provided in line 5, section 6, the following words: and to have the power to create a chaingang in said town, and to prescribe rules for the government of the same, so that said section, when so amended, shall read as follows: SECTION 1. Sec. 6. Be it further enacted, That the said mayor and aldermen shall have 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

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granted; and to have the power to create a chain-gang in said town and to prescribe rules for the government of the same; provided, they are not repugnant to the Constitution and laws of this State or of the United States. Hazlehurst, town of, municipal powers. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902. JONESBORO, TOWN OF, CHARTER AMENDED. No. 191. An Act to repeal an Act approved August 24, 1872, and amendments, incorporating and amending the charter of the town of Jonesboro, Georgia, in the county of Clayton; an Act to establish a new charter for the town of Jonesboro, and incorporate the same; to repeal all laws in conflict with this Act, and to adopt sections 696, 695, 697, 705, 732 to 735 of the political Code of Georgia, in so far as they are not in conflict with the Act; to give to the mayor and council of the town of Jonesboro, Georgia, the powers and duties enumerated in section 696 of the Political Code of Georgia, volume 1, page 197, with authority to carry into effect those powers; to protect persons and property of the citizens of said town; to give them power over the streets and sidewalks; to levy and collect taxes; to make and pass all needful ordinances; to abate nuisances; to declare what are nuisances; to prohibit the sale or keeping for sale liquors; to impose and collect license taxes; to fix corporate limits; to provide for the assessment and collection of taxes; to adopt certain sections of the Code of Georgia, first volume; to provide for a system of revenues for the ordinary expenses of said town, for improving streets and sidewalks, for providing light and water for said town, and for all other purposes and powers, jurisdiction, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the Act entitled an Act to incorporate the town of Jonesboro, in the State of Georgia, to appoint commissioners for the same, and for other purposes, approved August 24, 1872, and all Acts amendatory thereto, be, and the same are, hereby repealed. Jonesboro, town of, charter for repealed. SEC. 2. Be it further enacted, That from and after the passage

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of this Act the municipal government of the town of Jonesboro, in the county of Clayton, State of Georgia, shall be vested in a mayor and six (6) councilmen, who are hereby constituted a body politic and corporate under the name and style of the mayor and council of Jonesboro, and by that name and style shall succeed to all 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 Jonesboro 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 of this State; to have and use a common seal; to hold all property (both real and personal) now belonging to said town, or which may hereafter be acquired; to acquire real and 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. Mayor and council of Jonesboro incorporated. SEC. 3. Be it further enacted, That from and after the passage of this Act said town of Jonesboro, in said county of Clayton, be, and the same is, hereby incorporated under the name and style of mayor and council of the town of Jonesboro, and that the corporate limits of said town shall extend for the distance of one mile north and one mile south, along the right of way of the Central of Georgia Railway Company from the depot of said railroad company in said town, and the distance of one half mile east and one half mile west from said railroad depot in said town; that is to say, said corporate limits shall extend two miles north and south along the Central of Georgia Railway Company and one mile east and west, forming an oblong square, with said railroad depot in the center, and that D. P. Nelson, mayor; W. R. Ward, W. S. Archer, J. W. Munday, J. S. Cousins, A. A. Camp and F. C. Betts are hereby appointed mayor and councilmen, who shall hold their offices until the first Wednesday in May, 1903, and until their successors are elected and qualified. 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 May, 1903, and

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on the first Wednesday in May every year thereafter, for six members of the town council and mayor, 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 (5) five days' notice, either by publication in a paper published in said town, in 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 meeting following their election, and if any person elected shall fail or refuse to qualify or serve, the person receiving the next highest vote 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 meeting after the May election, and until their successors are duly qualified. Elections for mayor and councilmen. SEC. 5. The elections held under the provisions of this Act shall be held by any 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 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 close at 3 p.m. They shall certify the results of the election, stating the number of votes that each person received, and turn over said certificate and ballots, lists and tally-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 the 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 of this Act, continuously for the six months next preceding the election, and have

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paid all taxes, State, county and town, 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 the voters of said town. Electors. SEC. 7. The said mayor and council shall provide, by ordinance, for the registration of all voters in said town, for the punishment 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 councilmen. SEC. 9. The mayor shall be the chief officer of the town, and shall, 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 his acts shall be as binding and legal as if done by the mayor. 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 shall also elect a clerk and a treasurer from the citizens of the town. These officers may be separate or combined, in the discretion of the council. Mayor, executive powers of. Officers. 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, a freeholder and taxpayer in said town; provided, that this shall not apply to the marshal, clerk and treasurer. Eligibility SEC. 11. The salaries of all officers of the council, including clerk, treasurer and marshal, 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 hereinafter provided. The regular meetings of the council shall be held on the second and fourth Tuesday nights in each month, but this time may be changed by a two-thirds vote of the council. Meetings of council. SEC. 13. The mayor or acting mayor 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

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party, whenever he deems the ends of justice require it. He shall have power to compel the attendance of witnesses resident within or without the limits of said 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 fifty dollars' fine, or not exceeding 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 prescribe 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. Mayor's court. SEC. 14. Any person convicted in the mayor's court shall have the right of appeal to the council; said appeal must be made in writing immediately after conviction, and the cost much be paid or a pauper's affidavit made thereof at the time of filing appeal. For the purpose of trying appeals the council may convene at any time. They shall have 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 or prison. 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. SEC. 15. Any person from having seen the crime committed, 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 the test of the mayor and council, and shall be signed by the clerk or member of the council issuing same. Warrants. SEC. 16. The mayor and council shall have power to levy and collect annually an ad valorem tax not exceeding one fourth of one per cent. for ordinary current expenses of the mayor and council; but for extraordinary expenses, such as lights, water, permanent improvements, and all extraordinary expenses as are authorized by this Act, not to exceed the amount allowed to municipal corporations under the laws of this State. The mayor and council shall appoint three freeholders citizens of said town, whose duty it shall be to assess all the real estate for taxation and make a return thereof to the mayor and council under such rules and ordinances as they may provide for same, and at such times as they may designate. Ad valorem tax. SEC. 17. Be it further enacted, That the mayor and council

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shall have full power and authority to revoke any license granted under the provisions of this charter for any violation of the laws and ordinances regulating and granting or issuing of said license. Revocation of license. SEC. 18. 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 can not agree as to the amount of compensation or damage to be paid, the same shall be assessed as provided for by law for condemning property. Sewerage and drainage. SEC. 19. 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 town; 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 or by publication. Street improvements. SEC. 20. That all executions issued against property owners for paving, grading, macadamizing, constructing side-drains, cross-drains and crossings, and otherwise improving the road-way or street proper, or sidewalks of said town as above provided, shall be issued as other executions. Executions for street impovements. SEC. 21. Be it further enacted, That said mayor and council shall have power and authority to compel the owners of the 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 Act to any designated part of the town, 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 town and the expense attending the same collected by execution issued against the owner. Sidewalks. SEC. 22. Be it further enacted, That the mayor's court shall have jurisdiction and authority to try all persons guilty of vagrancy within the limits of Jonesboro, and upon conviction to punish them as prescribed in section 453 of the Code of 1895 of this State. In all cases where persons charged before said court with the offense of vagrancy shall demand a trial by court of competent jurisdictino, it shall be the duty of the mayor to send such

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person before a court having jurisdiction of said offense, and if no such court shall then be in session, to bind said person over in sufficient bond for his appearance before said court for trial, or in default of bail to commit said person to await said trial. Vagrancy. SEC. 23. Be it further enacted, That all the property now owned by said town and vested in the present mayor and council thereof shall be and remain the property of said town, and become vested in said mayor and council; and all ordinances, rules and regulations now of force in said town and not inconsistent with this Act shall be and remain of force until amended, altered or repealed by said mayor and council. And debts due by said town shall be due and payable by same, and all due the town shall still be due and payable to the mayor and council under this Act. Municipal property. SEC. 24. Be it further enacted, That said mayor and council are hereby authorized and empowered to make all ordinances, rules and regulations that they may deem proper to enforce the duties, powers, rights and privileges herein contained, and may at any regular meeting adopt or amend any ordinance they may deem necessary and without any previous notice, and may provide such notice, if they deem it necessary, at its adoption. Municipal government. SEC. 25. Be it further enacted by the authority aforesaid, That said mayor and council shall have power and authority to create and establish a fire department in said town, provide and pay for equipment thereof, purchase any necessary apparatus therefor and make all needful regulations for its proper maintenance. Fire department. SEC. 26. Be it further enacted by the authority aforesaid, That the town council shall have power and authority to provide by ordinances when the taxes of said town shall be due, and tax executions shall be issued against all persons who have not paid their taxes by the time fixed and defined by ordinance. Taxes, when due. SEC. 27. The payment of all taxes, including school tax, shall be enforced by execution; said execution 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 Jonesboro, and shall be signed by the clerk, who shall deliver them to the marshal. The marshal shall proceed to collect the 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

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same manner as constable's sales, except in cases of levy upon real estate, they shall advertise the same in the paper published in said town, or if none, by posting three or more notices of the 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 1088th district, G. M., except in the case 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. Tax executions. SEC. 28. In addition to the ad valorem taxes heretofore mentioned the mayor and council shall have authority to collect a specific tax upon all persons running a billiard or pool-table, or tables, ten or ninepin-alleys, or tables or alleys of any kind; also upon all wheels of fortune, or ball, or slot machines, or any other device or chance kept for the purpose of inducing trade or for private gain, operated in said town; also upon all shows, circuses or operas, sleight of hand performances, or any other performances or play, except those given for charity 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, or any business carried on in said town, if licensed and taxed by the State, may be taxed by the town for the use of the town; buying or selling cotton seed, 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. They shall also have power to tax and 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, trades or occupations carried on 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 taxation. All specific 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

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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. Specific taxes. SEC. 29. 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, imprisonment or labor on the public works for the obstructing or filling any 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 a result of appropriating private land for street ditches or other public purposes; and if the council and the owner thereof can not 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 first having been duly sworn before some officer authorized to administer oaths, or the mayor, to do justice and equity between both parties, shall 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, etc. SEC. 30. 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 January the first of each year, and if not paid when demanded or summoned by the marshal to work, or

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appearing, but failing or refusing to do good, faithful work without a good legal excuse, shall be returned by the marshal as a defaulter, and upon conviction before the mayor be fined not exceeding five dollars and cost, or ten days' work on the public works of the town for each day's default. Street duty or commutation tax. SEC. 31. The mayor, or any member of the council, clerk or marshal, or deputy marshal, may be removed from office upon conviction before the council for 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. 32. 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. Official bonds. SEC. 33. The cost of issuing, serving or executing all summons, executions, processes, writs or subp[oelig]nas shall be the same as are now allowed justices of the peace and constabls 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. Fees of officers. SEC. 34. The mayor and council of said town shall have full 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, sidewalks, or nuisances located anywhere in said town, and to determine and declare what are nuisances; 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, blacksmith 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 place 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

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become dangerous or offensive to the citizens or property in said town. Police powers. SEC. 35. 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 mayor and council, and without a permit; 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. 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 addition 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. 36. 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 hitching or standing of horses, mules, or other work animals, except at such places as may be designated. Street obstructions. SEC. 37. They shall have power to prevent or regulate the use of all firearms, fireworks, or other dangerous annoyances or explosives used in sports or otherwise in said town. Explosives SEC. 38. 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 mayor, be punished as for violation of the ordinances of the town. Bawdy and gaming houses. SEC. 39. All orders for the payment of money shall be approved by the mayor and council before being paid by the treasurer. Disbursements by treasurer. SEC. 40. No officer of the town shall have any interest in any contract, either directly or indirectly, in which the town is a party,

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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. Municipal contracts. SEC. 41. 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 not have power 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 berries, etc., raised by the parties themselves. Liquors, etc., sale of. SEC. 42. 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 franchises shall not be for a period of exceeding twenty years. Franchises SEC. 43. Be it further enacted, That the said mayor and council 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 mayor'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. Chaingang. SEC. 44. The mayor's court shall have authority to punish any and all persons convicted in this court for 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 one hundred dollars, or not exceeding six months on the public works of the town. Sale of liquors. etc., without license SEC. 45. All vacancies in office caused by death, resignation or removal from office shall be filled by appointment of the council. Vacancies. SEC. 46. The mayor and 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

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necessary, and any person failing or refusing to respond when called upon by the marshal shall, upon conviction before the mayor, be punished as for violation of the ordinances of the town. Extra police. SEC. 47. 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. 48. 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 playing 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 day. SEC. 49. Be it further enacted, That all members of the council shall be exempt from street duty while in office. Exemptions from street duty SEC. 50. Be it further enacted, That the present charter shall remain in force until the passage of this Act; then all ordinances not in conflict with this new charter shall remain in full force and effect until repealed. Existing laws. SEC. 51. Be it further enacted by the authority aforesaid, That said mayor and council shall have power to enact ordinances for the purpose of preventing the spread of contagious diseases, and to enforce quarantine against such diseases. To the end that said disease may not spread, they may take such extraordinary precautions and enforce such regulations as reason and humanity may suggest. Whenever it may appear any animal in the limits of said town probably has a dangerous or contagious disease, it shall be in the power of the mayor to have an immediate examination of such suspected animal made by some physician or expert. Should the report of said physician or expert confirm the probability of such dangerous or contagious disease, the mayor may order the immediate removal of such animal beyond the town limits and killed at once. Contagious diseases. SEC. 52. Be it further enacted, That said mayor and council shall have exclusive jurisdiction over all cemeteries of said town; they may elect such employees to superintend and care for the same as they may deem proper; they may make such appropriations out of the treasury of said town as they may deem proper for the proper supervision thereof; they may enact ordinances for the purpose of preventing trespasses therein, or the grounds thereef, and provide penalties for the violation of the same; they may regulate the charges of grave-digging, hearse fees, and for bricking

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and walling the same; they may charge such fees for burials as they may deem proper and enforce the payment of the same as they may deem best and permit therein before burying. Cemeteries SEC. 53. Be it further enacted by the General Assembly of the State of Georgia, That the mayor and council of the town of jonesboro, said State, be, and the same are, hereby authorized and empowered to issue bonds of said town to the amount of not exceeding twenty 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 twenty years after the issue thereof, and the interest to be paid at such time as the mayor and council may determine. Municipal bonds. SEC. 54. Be it further enacted, That said town council shall assess, levy and collect annually a sufficient tax upon all the taxable property of said town to pay the interest on said bonds, as the same shall become due, and to provide a sinking-fund for the 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 town. Tax to pay bonds. SEC. 55. Be it further enacted, That said bonds shall be signed by the mayor of said town, and be countersigned by the clerk of the council, under the corporate seal of the town, and shall be negotiated in such manner as said mayor and council shall determine to be for the best interest of the said town. Bonds, how executed. SEC. 56. Be it further enacted, That the proceeds arising from the sale of said bonds shall be appropriated and applied to the purpose of the necessary real estate upon which to locate a waterworks plant for the said town, and an electric light plant or plants for said town, to the construction and equipping of said waterworks plant and electric light plant or plants, and to other purposes. Water-works and electric light plants. SEC. 57. 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 town of Jonesboro, and approved by a two thirds vote of qualified voters of said town of Jonesboro. Election for ratification. SEC. 58. Be it further enacted, That at any time after the passage of this Act said mayor and council may order an election to be held in said town and shall give notice thereof for the space of thirty days next preceding the day of election in the newspapers published in said town in which the sheriff's advertisements for the county are published, notifying the people (the qualified

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voters) that on the day named an election will be held to determine the question whether bonds shall be issued by said town, 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 town, 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 town 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 elections are required of voters in the principal elections of said town. That the managers of said elections shall make the returns of the result of the election to the said mayor and council of said town 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. Unless for bonds shall receive two-thirds majority of all the voters of said town qualified to vote at said election, to be ascertained from the tally-sheet of the last general election held in said town previous to said bond election, then this Act shall not become a law. Elections. how held. SEC. 59. Be it further enacted, That the said mayor and town council of Jonesboro 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 town from fire to be removed or remedied at the expense of the owner, as its prudence shall dictate. Protection against fire. SEC. 60. The mayor and council shall have power and authority to remove, in a summary manner, all dangerous walls, buildings that endanger life or property, at the expense of the owner of said building or wall, or the owner of the lot upon which the sme may be located, in the discretion of the said mayor and council. Should the said owner, after five days' notice, fail or refuse to remove the same when so ordered, such expense to be collected by execution issued by the clerk of the council, and the mayor and council shall have full power and authority to pass all ordinances that may be necessary to carry this measure into effect. Dangerous buildings or walls. SEC. 61. Be it further enacted, That whenever any execution issued by the proper authority of said town 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

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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 to property levied on. SEC. 62. Be it further enacted, That the mayor and town 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 town, and how collected. Tax returns. SEC. 63. 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 others 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. 64. Be it further enacted, That there shall be a lien on all the property of said citizen or inhibitant of said town, 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 lines 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. 65. That from and after the passage of this Act, it may be unlawful for any tramp or tramps, vagrant or vagrants, wanderer or wanderers, and all persons without sufficient means of support and without livelihood, to enter said town for any purpose save that of seeking employment. It may be unlawful for person or persons aforesaid to beg or solicit alms in said town, and every person so doing shall be subject to arrest and shall be punished by a fine of from one to twenty-five dollars, imprisonment from one to thirty days, or bound over to the superior court of Clayton county, in the discretion of the mayor, in case a trial by jury is demanded. Vagrants. SEC. 66. Be it further enacted, That sections 696, 697, 698, 699, 701, 702, 704, 705, 707, 708, 709, 712, 713, 714, 715, 716, 717, 718, 723, 724, 733, 734, 735, 740, 741, 742, and 744 of the first volume of the Code of Georgia shall be of force and effect as law in relation to the town of Jonesboro and included in this charter as if set out in detail herein, except in so far as they conflict with what is herein otherwise enacted. General powers. SEC. 67. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1902.

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LAGRANGE, ACT ESTABLISHING DISPENSARY AMENDED. No. 210. An Act to amend an Act entitled 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 same, approved December 3, 1901, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That all of section 1 after the word provided, in the third line of said section, be repealed and substituting therefor the following: The chairman of the board of roads and revenues of the county of Troup, the mayor of the city of LaGrange and the ordinary of Troup county shall compose the board of dispensary commissioners for the LaGrange dispensary, so that said section, when amended, shall read as follows: 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 chairman of the board of roads and revenues of the county of Troup, the mayor of LaGrange, and the ordinary of Troup county shall compose the board of dispensary commissioners for the LaGrange dispensary. LaGrange, board of dispensary commissioners. SEC. 2. Be it further enacted by authority aforesaid, That the operations of this Act shall not go into effect until January 1, 1903. 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. Approved December 18, 1902.

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LOUISVILLE, CHARTER AMENDED. No. 149. An Act to amend an Act entitled an Act to consolidate, amend and supersede the several Acts incorporating the town of Louisville, Georgia, in the county of Jefferson, and the several Acts amendatory thereof; to change the corporate name; to provide for mayor and councilmen and define their duties; to provide for the establishment and maintenance of a system of water-works, sewerage and electric lights for said town; to confer additional powers upon the mayor and council of said town; to repeal conflicting laws, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That section 15 of the above recited Act be amended by striking out the whole of said section and inserting in lieu thereof the following, to be known as section 15: Section 15. Be it further enacted by the authority aforesaid, That the mayor of said city of Louisville, Georgia, and the councilmen, shall serve without remuneration, except that they shall not be required to pay street tax in said city during their term of office. Louisville, mayor and councilmen, compensation for. SEC. 2. Be it further enacted by the authority aforesaid, That section 16 of said Act be amended by striking out the whole of said section and inserting in lieu thereof the following, to be known as section 16: Section 16. Be it further enacted by the authority aforesaid, That the corporate limits and boundaries of said city of Louisville, Georgia, shall be as follows, to wit: Beginning at a point on the Ogeechee river 15 chains below the confluence of said river and Rocky Comfort creek and running north 48 E. 30/80, thence S. 69 1-2 E. 22/36 to the Savannah branch, thence up said branch to its head 74 chains, thence N. 22 E. 9.50 to the Waynesboro road, thence N. 12 1-2 E. 35.00 to the Augusta Middle Ground road, thence N. 64 3-4 W. 30.00 to the Ebenezer road, thence S. 51 1-2 W. 76.20, thence S. 16 3-4 E. 4.50 to the Bartow road, thence up said road 6 chains to the Bostick line, thence along said line S. 45 1-2 E. 23 chains, thence S. 37 W. to the Ogeechee river, thence down said river to the starting point, and all the territory contained in the area above designated shall be within the municipal limits of the city of Louisville, Georgia. Corporate limits. SEC. 3. 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. Approved December 17, 1902. LUMPKIN, TOWN OF, NEW CHARTER FOR. No. 196. An Act to create a new charter for the town of Lumpkin, in Stewart county; to consolidate and amend the several Acts relating to the rights and powers of said town; to grant additional rights and 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 municipal government of the town of Lumpkin shall be vested in a mayor and six aldermen, who are hereby constituted a body corporate under the name and style of the town of Lumpkin, and by that name and style shall have perpetual succession, shall be capable to purchase, receive and hold any estates or estate of whatsoever kind or nature, within or without the corporate limits of said town, for the use of such town; shall be capable to sue and be sued and shall succeed to all the rights and liabilities of the present corporation of the town of Lumpkin. Lumpkin, new charter for. SEC. 2. That the corporate limits of said town shall embrace one square mile, the court-house being the center. Corporate limits. SEC. 3. That on the second Saturday in December, 1902, there shall be an election for mayor and three aldermen, and annually thereafter on the same day for three aldermen or for a mayor and three aldermen, as the case may be. The officers so elected shall hold office for the term of two years and until their successors are duly qualified. The mayor and aldermen now in office under the present government shall continue to serve until the ends of the terms for which they were respectively elected. Said elections shall be held at the court-house in said town, and the polls shall be kept open between the hours of 7 a.m and 6 p.m. Mayor and aldermen, election of. SEC. 4. That said election shall be held by a justice of the peace of the town district and two freeholders resident in said town; or in the event of the failure or refusal of such justice of the peace from any cause to act as such superintendent of election, then by three freeholders of said town; said freeholders in either

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case to be appointed by the ordinary of Stewart county, and, in the event of his failure so to appoint, then to be appointed by the mayor of said town, as superintendents of election; said superintendents to take an oath for the due performance of their duties as such; to have the powers incident to superintendents of elections; to administer oaths to voters as to their qualifications to vote. They shall keep a numbered list of those voting and shall place on each ballot a number corresponding to that opposite the voter's name. At the close of such election they shall count the ballots, keeping two tally-sheets of the same, shall duly declare the result of the election and shall issue certificates of election under their official signature to the persons receiving the highest number of votes polled. They shall then place in a sealed package all ballots, together with the list of those voting and one tally-sheet, which list and tally-sheet shall be duly certified by said superintendents to be correct; they shall deposit such sealed package and also the remaining tally-sheet, duly certified, with the clerk and treasurer of said town, to be by him safely kept. Said sealed package shall not be opened except in case of contest, but shall, at the expiration of two months (in case there is no contest), be by him destroyed without examination. Said superintendents of election shall be paid as compensation for holding said election one dollar each, by the clerk and treasurer upon the certificate of the ordinary of the county as to their service, until the municipal authorities shall otherwise regulate the compensation for holding such elections. The mayor shall, within ten days, qualify by taking an oath to well and truly perform the duties of his office, before an officer authorized by the laws of this State to administer an oath, and the mayor, after his qualification and at the first regular meeting of the board of aldermen thereafter, shall administer similar oaths to the newly elected aldermen; and the oaths of the mayor and aldermen shall be entered upon the minutes of the board. In the event of a failure to hold said election at the time herein designated, it shall at once be the duty of the mayor or of the mayor pro tem., to call an election, giving at least ten days' notice of the time of holding said election by posting notices in three public places in said town. No person shall be qualified to hold the office of mayor or alderman who is not qualified to vote at the election. Superintendents of elections. SEC. 5. That in the event the office of mayor or of any one or more of the board of aldermen shall become vacant by death, resignation, removal or otherwise, the same shall be filled until the next annual election by a person or persons elected by ballot by

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the board of aldermen at a regular meeting of said board, and such persons so elected shall hold their offices until their successors are duly elected and qualified. Vacancies. SEC. 6. That all persons qualified to vote for members of the General Assembly, and who shall have paid all taxes imposed and demanded by said town, and shall have resided within its corporate limits for six months prior to any election, shall be qualified to vote at said election. Electors. SEC. 7. That the clerk and treasurer, or such other person as shall be designated by the board of aldermen, shall open a list for the registration of voters at least thirty days prior to any municipal election held for any purpose in said town, which list shall be kept open each and every day (Sunday excepted), during such hours as shall be prescribed by said board, until four days (Sundays excepted) preceding the election, when it shall be finally and absolutely closed. During said time it shall be the duty of such registration officer, upon the application of any person, in person or in writing, who will be entitled to vote at said election, to register the name of such person, expressing in such registry his age, occupation or business, and the place of his residence. The registration officer may in any case require the applicant to appear before him and take the following oath, to wit: You do solemnly swear that you are a citizen of the United States of America, that you will have resided in the State of Georgia one year immediately preceding this election, and within the corporate limits of the town of Lumpkin six months preceding the election; that it is your intention to remain a resident of said town continually until the day of election; that you are twenty-one years of age, or will be by the day of election; that you have paid all taxes due the town of Lumpkin; that you have made all returns required by the ordinances of said town; and that you will be qualified to vote for members of the General Assembly by the day of the election; so help you God. That it shall be the duty of the registration officer to arrange the names registered in alphabetical order and to post one copy of such list for two days, at least, preceding each election, at the door of the court-house of the county, and one copy at some other public place in said town. It shall be the duty of such officer to furnish to the superintendents of election, at the opening of the polls on the day of election, a complete list, duly certified, of all names arranged in alphabetical order, which shall have been registered under the foregoing provisions. This list shall be kept before said superintendents during said election, and no person shall be entitled to vote who, in addition to the qualifications

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stated in the preceding section, has not registered as herein provided. When the election is over, such list shall be deposited in the office of the clerk and treasurer, to be by him safely kept; provided, however, that none of the provisions of this section relating to registration shall become operative until they shall have been adopted at a regular meeting of the board of aldermen of said town. In the event it shall be necessary to call a special election of officers as prescribed in the preceding section, only those persons shall be entitled to vote who were properly registered in time to vote at the regular election therein provided for. Registration of voters. SEC. 8. That any person not qualified to vote who shall vote or attempt to vote in any election in said town, or, in the event of the adoption of the provisions of section 7 of this Act, any such person who shall register prior to said election, shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 1039 of the Panal Code. Voting illegally a misdemeanor. SEC. 9. That four of the aldermen shall constitute a quorum of the board of aldermen. The mayor shall preside over the meetings of said board and shall vote only in case of a tie, in which case he shall cast the deciding vote. He shall be the chief executive officer of the town; shall take care that the by-laws, orders, resolutions, rules, ordinances, regulations and acts of the board are faithfully executed; he shall have ex officio the powers and duties of a justice of the peace within said town, except that he shall have no jurisdiction as such in civil cases; he shall have control of the marshal and his deputies and of all special officers appointed by said board for any purpose, and he shall appoint special police upon any special occasion when the exigencies of the case may require; he may cause the arrest and detention of all rioters and disorderly persons in said town before issuing his warrant therefor. Mayor, powers of. SEC. 10. That at the first regular meeting of the board of aldermen after the newly elected members have been duly qualified, said board shall elect one of their number as mayor pro tem., and he shall have all the powers and duties of the mayor, in the absence or disqualification of said mayor, as presiding officer of the board, as ex officio justice of the peace, as chief executive officer of the town, and in the trial of offenses and the enforcement of fines or penalties for the violation of the ordinances of said town. The term of office of said mayor pro tem. as such shall be for one year. Should said board fail to elect a mayor pro tem. at the time above indicated, then such election shall take place as early thereafter as

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practicable. In the absence of disqualification of both the mayor and the mayor pro tem., the board of aldermen shall select one of their number in their stead, and he shall have all of the powers and duties of the mayor and mayor pro tem. during such absence or disqualification. Mayor pro tem. SEC. 11. That the board of aldermen shall elect a clerk and treasurer of said town, either from their own body or from the citizens of the town. Such officer shall be elected at the same time and in the same manner as the mayor pro tem., and his term of office shall be for one year and until his successor shall have been elected and qualified. He may be removed by the board for inefficiency, neglect of duty or other cause in their discretion. He shall keep the minutes of the board of aldermen in well bound books, and shall preserve them and all other records entrusted to him; he shall receive tax returns; collect all municipal taxes the collection of which is not otherwise herein provided for; issue all licenses and collect all license fees and other money due the said town, street tax excepted; shall receive all moneys due said town; shall issue executions against all defaulters for taxes, said executions being directed to the marshal of said town and his deputies; he shall be the custodian of the funds of said town, and shall do and perform all such other duties as may be imposed upon him by the board of aldermen. He shall have authority to appoint some fit and proper person as his deputy, to whom he may delegate all the powers conferred upon him, and for whose acts he and his bondsmen shall be liable as though done by himself. Such clerk and treasurer shall, when elected, enter into a bond, with sufficient sureties, to be approved by the mayor, in such penalty as the board of aldermen shall prescribe, payable to the mayor of the town of Lumpkin, conditioned faithfully to collect and pay over and account for all taxes and other income of said town from whatsoever source derived, to perform the duties herein prescribed and such other duties as may be imposed upon him by the board. Clerk and treasurer. SEC. 12. That the board of aldermen shall elect a marshal of said town at the same time and in the same manner as the mayor pro tem. is elected, and his term of office shall be for one year, and until his successor is duly elected and qualified. He may be required to give such bond, with sufficient sureties, to be approved by the mayor, as the board of aldermen may prescribe. He may be removed from office by the board at any time for inefficiency, neglect of duty or other cause in their discretion. Said board may also appoint one or more deputy marshals to assist said marshal in the discharge of his duties, such deputies to hold office for such

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time and upon such terms as the board shall prescribe. Said marshal and his deputies shall arrest any persons violating any of the penal ordinances, by-laws, rules or regulations of said town, and place such person in the guard-house of said town or in the common jail of the county of Stewart, subject to trial by the mayor's court; shall have full power to arrest all persons violating any of the penal laws of this State and place such persons so arrested in said guard-house or jail, subject to trial before the mayor's court or any committing officer of said State. They shall execute and enforce the ordinances, by-laws, rules and regulations of said town as may be directed therein; they shall levy and execute all processes issued from the mayor's court and all executions for municipal taxes, and shall advertise for sale and sell all property levied upon thereunder, at the same time and place and in the same manner as the sheriff of said county is required to advertise and sell property levied upon under executions for State and county taxes; shall have charge of the working of the streets and of road hands and work gangs; and shall perform all other duties imposed upon them by the board. The marshal shall collect all fines imposed by the mayor's court and all street taxes and perform all other such services as may be specially required of him by the board. Marshal. SEC. 13. That the mayor and other officers of said town shall receive such compensation as the board of aldermen shall prescribe. Salaries. SEC. 14. That the mayor of said town, or, in his absence or disqualification, the mayor pro tem., or in the absence or disqualification of both of these officers, any one of the aldermen elected as prescribed in section 10 of this charter, shall hold a mayor's court for the trial of all persons charged with violating any of the ordinances, orders, by-laws, rules or regulations of the said town; and on conviction shall punish such offenders by fine not to exceed one hundred dollars, or imprisonment in the guard-house of said town or in the common jail of Stewart county not to exceed thirty days, or by compelling them to work upon the public streets of said town for not more than thirty days; and any one or more of such punishments may be ordered in the discretion of the court, and the offender shall also be liable for the costs of court. Said court shall have full power to punish, by fine, imprisonment or work on the streets, persons guilty of contempt of said court; said fine is in no case to exceed twenty-five dollars and said imprisonment or work not to exceed ten days. Said court shall have full power and authority to issue executions, directed to the marshal and his deputies, for the enforcement of any and all fines imposed and for the collection of all costs; to provide for the enforcement of all of its sentences;

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to imprison in the common jail of Stewart county any and all persons who may be convicted of offenses under this Act or the ordinances and regulations passed in pursuance thereof, where the penalty is imprisonment, and to imprison in said jail any and all persons guilty of such offenses, where the penalty is fine, until such fine and costs are paid or otherwise discharged according to law; and the jailer of said county is required to receive and confine in the said jail all persons committed thereto by said court, and on his refusal to do so he shall be subject to be punished as for a contempt of said court. The presiding officer of said court shall assess and fix the amount of bail of any and all persons brought before him for examination or trial, or arrested for the violation of any municipal ordinance, order, by-law, rule or regulation; and where the offense charged is the violation of a municipal law the marshal shall take a bond in the amount so fixed, payable to the mayor of said town; said bond and its sureties to be approved by said presiding officer, or in lieu thereof, the marshal may take a cash deposit of said amount. Mayor's court. SEC. 15. That where executions are issued for municipal taxes, licenses or other fees, the costs shall be the same as in the case of executions for State and county taxes, and the costs of the marshal shall be the same as those of the sheriff for all services performed by him in the collection of executions for State and county taxes; in all cases before the mayor's court the costs shall be the same as those prescribed by law in trials before a committing magistrate, unless otherwise prescribed by ordinance. Costs; SEC. 16. The board of aldermen shall have power and authority to assess, levy and collect annual ad valorem taxes upon all property, real and personal, within the corporate limits of said town; to prescribe rules and regulations for the same, and penalties for non-compliance therewith; to fix the time for making tax returns and for paying taxes; notice of which time so fixed shall be given at least four weeks prior to the date so fixed by posting notices thereof in three public places in said town. Said tax shall not exceed one half of one per cent. upon the value of said property for the ordinary current expenses of said town; not more than one half of one per cent. for educational purposes; not more than one half of one per cent. for street and paving purposes; and not more than one half of one per cent. for the payment of the principal and interest of the public debt. If an additional fund is required by said town for internal improvements not herein provided for, or if the amount realized by the levy of one half of one

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per cent. shall be insufficient to defray the ordinary current expenses of said town, an additional tax may be levied for these purposes, when the same shall be authorized by a vote of two thirds of the legal voters of said town who are qualified to vote at an election held for that purpose. The municipal authorities shall cause separate accounts to be kept of all amounts collected and disbursed for each different purpose, and each amount shall be applied exclusively to the purpose for which it was collected; provided, that the provisions of this section shall not be construed to limit the right of the board of aldermen to assess, levy and collect taxes already authorized for the payment of the principal and interest of the bonds which have been issued for the purpose of constructing and maintaining the present system of water-works in said town, and the tax heretofore authorized by the Act of 1889 for the maintenance of a public school system in said town. Ad valorem tax. SEC. 17. That the board of aldermen shall have power and authority to levy and collect taxes on all professions, franchises, trades, business occupations, theatrical exhibitions, shows or other performances exhibited or performed within the town, on all peddlers, vendors of medicines, itinerant traders, salesmen or soliciting agents, hotels, boarding-houses, livery stables and transportation companies, and on all bowling-alleys, skating-rinks, pool or billiard-tables, and all other games kept or played within the corporate limits of said town, to grant licenses for the same, and to regulate them by ordinance. Said board shall have full power and authority to regulate and control the sale of spirituous, vinous, malt, or other intoxicating liquors by wholesale or retail, within said town; to grant licenses to dealers in such liquors and revoke or modify the same, and to assess, levy and collect a tax on such dealers. The time, place and manner of making tax returns, paying taxes and securing licenses shall be prescribed by the board of aldermen. The tax returns shall be made to the clerk and treasurer, and the taxes paid to him. All licenses granted by the board of aldermen shall be issued and signed by the clerk and treasurer, to whom the license fees shall be paid. For the purpose of collecting all license fees and taxes, the manner of collecting which is not otherwise provided for in this charter, the clerk and treasurer, where such fees and taxes are not paid within the time fixed by the board of aldermen, shall issue executions against the deliquents, directed to the marshal and his deputies, for such fees and taxes, and for costs; and it shall be the duty of the marshal to enforce the collection of the same by levy, advertisement and sale, as heretofore provided in section 12 of this charter. The board of aldermen shall

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have power and authority to impose penalties by ordinance on all persons who may carry on any profession, trade, business, occupation, performance, or game without paying the tax or securing the license, as may be prescribed. Specific taxes. SEC. 18. That said corporation shall have and enjoy all the rights, powers and privileges incident to such corporations and not repugnant to the Constitution and laws of the United States or of this State. General powers. SEC. 19. All special taxes or license fees provided for in section 17 of this Act, and all other incomes of said town from any other source, except ad valorem taxes and street taxes, may be appropriated and applied to any purpose for which said town is now or may be at any time empowered to levy taxes; and paragraph 2d of section 6 of the Act approved October 16, 1889, for the purpose of establishing, maintaining and governing a public school system for the town of Lumpkin, is repealed in so far as it requires any of said funds to be paid over to the secretary and treasurer of the board of education, or to be applied to the maintenance of the public school system. Municipal funds, how applied. SEC. 20. That all of the provisions of the Act to establish, maintain and govern the public school system for the town of Lumpkin, approved October 16, 1889, as modified by the decision of the Supreme Court of Georgia in the case of Irvin et al. vs. Gregory et al., February 7, 1891, reported in 86 Ga. 605, and as amended by the Act approved December 20, 1897, are hereby incorporated and made a part of this charter, except in so far as repealed by the preceding section hereof. The tax authorized to be collected by said Act shall be in addition to the taxes authorized by section 16 hereof for educational purposes. Public schools. SEC. 21. That the board of aldermen shall have power to compel persons liable to road duty by the laws of this State, who are residents of said town, to work on the streets of said town the same number of days that the laws of said State prescribe for road hands on the public roads of said county, or, in lieu of working thereon, to pay to the marshal of said town an equivalent for said work in money, the amount to be prescribed by ordinance. Said hands shall be allowed to choose between working said streets under the direction of the marshal or paying the amount prescribed by ordinance, the hands to be warned or notified by the marshal at least three days previous to the day of working, which notice shall state such day, the number of days to work and the

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amount prescribed by ordinance to be paid in lieu of work; and if any hand who has been so notified shall fail to work said streets and has not, before the day of commencing said work, paid the equivalent in money, he shall be subject to such penalty as may be prescribed by the board of aldermen. All amounts so collected as street tax shall be applied by the board of aldermen to the working and improvement of the streets of said town. Street duty or commutation tax. SEC. 22. That the board of aldermen shall have power and authority to establish quarantine regulations against all persons who have been exposed to smallpox, yellow fever, or any other contagious or infectious disease, or against any infected locality; to enforce and make effective such regulations; to establish a pest-house or camp of detention, within or without said town, and to cause the removal thereto and detention therein of all persons afflicted with such diseases, or who have been in infected localities or exposed to such diseases. Said board shall have power, in its discretion, to allow such persons to remain on premises provided by themselves, where such persons at their own expense, provide suitable and sufficient guards to successfully quarantine such premises. Said board shall have power to require all persons within said town, whether resident or transient, to be vaccinated whenever, in the opinion of said board, the same shall be advisable. It shall have full power to enforce such regulations and to provide penalties for their violation. If the pest-house or camp of detention is located beyond the corporate limits of said town, the town authorities shall have the same jurisdiction and powers over it, so long as it is used for these purposes, as if it were within the corporate limits. Said board of aldermen shall have authority to appoint a board of health and such other health officers as may be necessary to carry out and enforce the above regulations, and all such other sanitary or health regulations as may be prescribed by the board of aldermen; the powers, duties and compensation of said officers to be prescribed by the board of aldermen. Quarantine. SEC. 23. That the board of aldermen shall have full power and authority to purchase, construct, own, maintain and operate, for the benefit of said town, a system of gas-works, water-works and electric lights and power; and to purchase and hold at such places as may be selected, within or beyond the corporate limits, all lands, water-rights or other property, real or personal, which may be necessary or useful in the establishment or operation thereof; or to condemn the same under the provisions of section 4657 et seq. of the Civil Code. Said board shall have full power to contract with all persons and corporations, including municipal

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corporations, for the use of water, gas or electric lights or power within or beyond the corporate limits of the town; and to make all rules and regulations which may be necessary; to fix the price of all water, gas or electricity so used, and to collect the same. For the price of all water, gas or electricity used, the said town shall have a lien upon the property upon which the same may be used, said lien to be of the same dignity as the tax liens of said town and to be enforced in the same manner. Said town shall have police authority upon and around any and all property so used and occupied by said plants, including mains, pipes and wires. Any person maliciously injuring or interfering with said property shall be guilty of a misdemeanor, and shall be punished on conviction as prescribed in section 1039 of the Penal Code. Waterworks and light plants. SEC. 24. That the board of aldermen shall have power and authority to establish and fix a system of grading and draining the streets of said town, and shall have power and authority to compel owners of property to construct and keep in repair the sidewalks in their front in accordance with said system. If any owner shall fail to comply with the requirements of the board in this regard, the work shall be done under the direction of said board or one of its officers; and executions shall issue for the expenses thereof and costs against such owner, to be collected as tax executions. The board shall have power and authority to establish and maintain a system of sanitary sewerage in said town and to compel all owners to connect therewith; and may purchase or condemn any property within or beyond the corporate limits of the town for such work. The expense of putting in sewer mains may be paid by said town, or may be assessed in just proportion by the board upon the owners of all lots, vacant or occupied, which are in a position to be benefited thereby; and said board shall have power to issue execution for such assessments and collect the same in the manner provided for issuing and collecting tax executions. Streets, etc. Sewers and drainage. SEC. 25. That the board of aldermen shall have power and authority to require all persons imprisoned or sentenced to work upon the streets for the violation of any of the ordinances, bylaws, resolutions, rules or regulations of said town, or for contempt of the mayor's court, to do such work in and about the streets of said town, or in and about the water-works, gas or electric plants, as may be directed by the marshal under orders of the board; and for this purpose one or more work-gangs may be organized; provided, that such persons as are doing regular

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street work in said town shall not be required to work with said work-gangs. Work-gangs. SEC. 26. That the board of aldermen shall have power and authority in said town to lay off, vacate, open, close, alter, curb, pave and keep in good order and repair public parks, roads, streets, alleys, sidewalks, cross-walks, drains and gutters, 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, foot-ways, cross-walks, drains and gutters to be curbed, paved and kept in good order, free and clean, by the owner and occupants thereof, or of the real property adjacent thereto; to grant easements and encroachments upon said streets; to establish and regulate markets and prescribe the time of holding the same; to prevent injury or annoyance to the public or to individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle, horses, sheep, dogs, and other animals and all fowls from going at large in said town; to protect places of divine worship in and about the places where held; to abate, or cause to be abated, anything which, in the opinion of a majority of the whole board, shall be a nuisance; to regualte the keeping of gunpowder and other combustibles; to provide, in or near said town, places for the burial of the dead, to own cemeteries, and to regualte interments; to provide for the regular building of houses or other structures; to condemn such structures as are dangerous, and to require their removal; to establish fire limits and to regulate the material and manner of constructing buildings therein; to make regulations for guarding against danger or damage by fire; to organize, regulate and maintain a fire department for said town; to protect the property and persons of all citizens of said town, and to preserve peace and good order therein; to authorize or prohibit the erection of water-works, gas-works or electric plants in said town, the construction and operation of street car lines or telephone systems or other public utility; to grant franchises for the same on such terms as the board may deem best; to prevent injury to or interference with such public utility; to prevent pollution of the water of the town; to prevent any act or occupation which might injuriously affect the business or healthfulness of said town or any of its citizens; to regulate and provide for the weighing of coal and other articles sold or for sale in said town; to provide a revenue for the town and appropriate the same for its expenses; to provide for the annual assessment of the taxable property therein; to adopt rules for the regulation and government of its own body;

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and to enact all ordinances, by-laws, resolutions, rules and regulations for the purpose of carrying into effect the above named powers, and all other ordinances, by-laws, resolutions, rules and regulations that may be necessary or proper for the good order, peace, welfare, health, morals, interest, security or improvement of the town or of its citizens; and full authority to prescribe, impose and enact reasonable fines, imprisonments and penalties for their violation. Streets, parks, etc. Police powers. SEC. 27. All ordinances, by-laws, resolutions, rules and regulations in force at the time of the adoption of this Act and not repugnant to its provisions, shall be and continue of full force and effect until altered, modified or repealed by the board of aldermen; nor shall the provisions of this Act be construed to alter, change or abrogate rights or liabilities accrued under former charters, except in so far as is expressly herein provided. Existing laws. SEC. 28. That all of the provisions of the original charter of said town as contained in the Act approved December 26, 1831, and the Acts amendatory thereof, approved January 16, 1850, December 22, 1857, December 11, 1858, December 14, 1859, February 9, 1869, March 2, 1874, and December 9, 1898, and all other Acts amendatory thereof, be, and the same are, hereby re pealed in so far as they may be in conflict with the provisions of this Act. Approved December 18, 1902. McRAE, TOWN OF, MADE CITY. No. 10. An Act to amend an Act approved August 28, 1889, entitled an Act to incorporate the town of McRae, in the county of Telfair, and to grant certain powers and privileges to said town, and for other purposes, by striking therefrom the words town of McRae, and inserting in lieu thereof city of McRae 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 an Act approved August 28, 1889, incorporating the town of McRae, in Telfair county, be, and the same is, hereby amended by striking therefrom the words town of McRae, and town

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in the second, third and fourth lines of section 1 of said Act, and inserting in lieu thereof the words the city of McRae, so that said Act shall, when amended, read as follows: 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 city of McRae, in the county of Telfair, be, and the same is, hereby incorporated under the name and style of the city of McRae. McRae, town of made 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. Approved November 25, 1902. MERRILLVILLE, TOWN OF, INCORPORATED. No. 99. An Act to incorporate the town of Merrillville, in the county of Thomas; to define the corporate limits thereof; to provide a municipal government for said town; to confer certain powers and privileges on the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georiga, That the town of Merrillville, in the county of Thomas, be, and the same is, hereby incorporated as a town under the name of Merrillville. Merrillville, town of, incorporated. SEC. 2. Be it enacted by the authority aforesaid, That the corporate limits of said town of Merrillville shall extend in every direction a distance of one-half mile from the center of intersection of Bibb and Evans streets, as now laid off in said town. Corporate limits. SEC. 3. Be it further enacted, That the municipal government of said town shall consist of a mayor and five aldermen, who are hereby constituted a body corporate under the name and style of the mayor and council, of the town of Merrillville 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

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purchase, hold, receive, enjoy and possess, to retain to them and their successors, for the sale, use, and benefit of said town of Merrillville 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 on the second Wednesday in January, 1903, and annually thereafter on the same day, an election shall be held in said town for said mayor and five aldermen, who shall hold their offices for one year and until their successors are elected and qualified, and in these officers the corporate powers of said town shall vest. Said election shall be held and conducted in the same manner as elections for county officers in this State, and the certificate of managers shall be a sufficient authority to the persons elected to enter upon the discharge of the duties of the offices to which they have been elected. Elections for mayor and aldermen. SEC. 5. Be it further enacted, That the qualified voters of said town shall be all such persons as are qualified to vote for members of the General Assembly for said county, and who have bona fide resided in said town for three months previous to the election whereat they shall offer to vote. Electors. SEC. 6. Be it further enacted, That said mayor and aldermen shall, before entering upon the duties of their respective offices, subscribe to the following oath, which may be administered by any person in the State authorized to administer oaths: I do solemnly swear, or affirm, that I will faithfully discharge all the duties incumbent upon me as the mayor or alderman of the town of Merrillville, according to the best of my ability; so help me God. Official oath. SEC. 7. Be it further enacted, That said mayor and aldermen shall have power and authority to elect such marshals, clerks, and other subordinate officers as may be deemed necessary for carrying on the powers herein granted, and to prescribe the duties and compensation of such officers and require of them such bonds as they may deem necessary. Officers SEC. 8. Be it further enacted, That said mayor and aldermen shall have power to make and pass all ordinances, by-laws, rules, and regulations that may seem necessary for the good government, peace, order, and health of said town and for the enforcement of all powers herein granted; provided, they are not repugnant to the Constitution and laws of the State of Georgia or the United States. General welfare. SEC. 9. Be it further enacted, That said mayor and aldermen shall have power to levy a tax not to exceed one half of one per cent. on all property, real or personal, subject to the State tax, within the corporate limits of said town. They shall also have

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power and authority to require all persons subject to road duty, under the laws of this State, to work on the streets, alleys, and sidewalks of said town, but they may receive, in lieu of said work, such commutation fee as said mayor and aldermen shall prescribe. Ad valorem tax. SEC. 10. Be it further enacted, That said mayor and aldermen shall have power to assess and collect such a business or license tax as they may deem proper upon all kinds of business carried on within the limits of said corporation; also, on all shows, exhibitions, or performances, on all billiard, pool, and other tables for playing at games, and all establishments of like character in said town for amusement and gain. Specific taxes. SEC. 11. Be it further enacted, That said mayor and aldermen shall have power to provide for the arrest, trial, and punishment of offenders against any ordinance, by-law or rule, or regulation of said town by fine, imprisonment or work on the streets of said town; provided, said fine shall not exceed one hundred dollars and such imprisonment not exceed thirty days. Police court. SEC. 12. Be it further enacted, That said mayor and aldermen shall have the power to elect a mayor pro tem., who shall perform all the duties of the mayor when from any cause he can not be present to execute the duties of his office; also to fill any vacancy that may occur in the office of mayor or aldermen or any subordinate office of said town. Mayor pro tem. SEC. 13. Be it further enacted, That said mayor and aldermen shall have power to lay out, open and abolish all streets and alleys in said town, extend and change the same, as the public interest may require, by paying the owner just compensation for the property taken for such purposes. Streets, etc. SEC. 14. Be it further enacted, That said mayor and aldermen shall have power to provide, by ordinance, for the collection of all taxes, moneys and fines due said town, by execution to be issued by the mayor and levied by the marshal thereof. Collection of taxes, etc. SEC. 15. Be it further enacted, That the mayor and mayor pro tem. shall be ex officio justice of the peace in criminal matters, 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 the violation of the laws of the State, and to admit to bail or commit to guard-house for the violation of ordinances of said town. Mayor ex officio a justice of the peace. SEC. 16. Be it further enacted, That the mayor of said town shall be chief executive officer; he shall see that ordinances, by-laws, rules and regulations of the council are faithfully executed;

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he shall have control of the police of said town, and may appoint special police when he may deem it necessary; he shall have power to issue execution for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and in default of such immediate payment he may imprison the offender in the guard-house of said town not exceeding thirty days, or require such offender to work on the streets of said town. Mayor, executive powers of. SEC. 17. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 16, 1902. MIDVILLE, TOWN OF, CORPORATE LIMITS EXTENDED. No. 177. An Act to amend an Act incorporating the town of Midville, in the county of Burke, approved February 20, 1877, so as to change the corporate limits of 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 section 1 of an Act incorporating the town of Midville, in the county of Burke, approved February 20, 1877, be, and the same is, hereby amended by striking from said section the words one mile in all directions from the Central Railroad depot, and inserting in lieu thereof one mile in all directions from the depot of the Central of Georgia Railway Company in said town, except where said mile limit extends beyond the Burke county banks of the Ogeechee river; in that direction the Burke county banks of the Ogeechee river shall be the limit of the corporate limits of said town of Midville, so that said section, when amended, shall read as follows: That the town of Midville, in the county of Burke be, and the same is, hereby incorporated. The corporate limits of said town shall extend one mile in all directions from the Central of Georgia Railway Company's depot in said town, except where said mile limit extends beyond the Burke county banks of the Ogeechee river shall be the limit of the corporate limits of said town of Midville. Midville, 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. Approved December 17, 1902.

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MILLEDGEVILLE, DISPENSARY FOR, ESTABLISHED. No. 207. An Act to provide for the establishment and maintenance of a dispensary in the city of Milledgeville, Baldwin 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 Baldwin 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; to provide for the payment of the profits arising from the business to the city of Milledgeville and the county of Baldwin, and for other purposes. Be it enacted by the General Assembly 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 Milledgeville, in the county of Baldwin, and that the sale of such liquors within the limits of said city and county, otherwise than by said dispensary, be prohibited. 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, 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. Milledgeville dispensary established. 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 Milledgeville Dispensary, and with all powers necessary or proper to fully accomplish said purposes. Dispensary commissioners. SEC. 3. Said commissioners shall be selected and chosen as follows: One by the judge of the superior court of the Ocmulgee circuit, one by the commissioners of roads and revenues of Baldwin county, and one by the mayor and aldermen of the city of Milledgeville. Within five days after the ratification of this Act, as

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hereinafter provided, said commissioners shall be chosen, and for the terms following: One by the judge of the superior court for one year from January 1, 1903, one by the commissioners of roads and revenues for two years from January 1, 1903, and one by the mayor and aldermen of the city of Milledgeville for three years from January 1, 1903. Their successors shall be chosen in like manner, on the first Tuesday in January 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 commissioner chosen each year for a term of three years. Any vacancy occurring on such board of commissioners from death, resignation, removal, or any cause, shall be filled as soon as practicable by appointment as aforesaid, for the unexpired term. Appointment of commissioners. SEC. 4. Said dispensary commissioners shall elect one of their members as chairman 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. The commissioners of roads and revenues of Baldwin county, and the mayor and aldermen of the city of Milledgeville, shall by concurrent vote or order fix the compensation for the services of said dispensary commissioners, and may from time to time, in their discretion, increase or diminish said compensation. Meetings and compensation. SEC. 5. Any of said dispensary commissioners may be removed from office at any time by the authority appointing them, 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 authority shall be final. Malpractice. 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 16th day of March, 1903. 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 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

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business in excess of necessary expenses shall be applied to the same till fully paid, and as the contract may require. Location and stock. 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 assistance 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. The commissioners may provide for a manager pro tem. who, in the absence of the manager, shall perform his duties and have the same powers. Manager. SEC. 8. Said commissioners shall 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. Inspection of stock. 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, to wit: (1) No liquor shall be sold except for cash. Regulations and restrictions. (2) Prices shall be fixed by the commissioners, and shall be uniform to all purchasers. (3) No liquor shall be sold except in sealed packages, and no broken or unsealed packages shall be kept in the dispensary. (4) No sale shall be made of a quantity less than a half 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.

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(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 8 and 9 in the preceding section are hereby given effect as ordinances of said city of Milledgeville, and violations of them shall be punished by the police court of said city as prescribed in its ordinances for disorderly conduct. 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. Commissioners may prescribe other rules 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 Milledgeville and Baldwin county, 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. SEC. 13. This Act shall not go into effect until ratified by a majority of the voters of said county of Baldwin, at an election held for that purpose, which election is hereby called and shall be held on Wednesday, February 25, 1903, 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 Baldwin 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 for ratification. SEC. 14. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved December 18, 1902.

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MILLEDGEVILLE, CHARTER AMENDED. No. 28. An Act to amend an Act approved December 15, 1900, entitled an Act to cause and establish a new charter for the city of Milledgeville; to establish the office of recorder; to enlarge the jurisdiction of the police court; to more accurately regulate the power of the mayor and aldermen of said city relative to the public streets; to provide methods of contesting elections; to confer power upon the mayor and aldermen to assess and collect taxes and licenses; to authorize condemnation of private property for public purposes; to authorize the establishment of a city chain-gang; to confer jurisdiction upon the mayor and aldermen over the city cemtery and other public property; to regulate the establishment of nuisances; to authorize the collection of gross sales tax; to provide for support of schools within the limits of said city, and for other purposes, by striking from the caption of said Act and in the first line thereof the word cause and inserting in lieu thereof the word create; by striking from the tenth section of said Act and the third line thereof the word Monday and inserting in lieu thereof the word day, and by striking from the tenth section and fourth line thereof the words first day of January and inserting in lieu thereof the words third Monday in December; by striking from said Act the whole of section 14 thereof; by adding after the word times, in the sixth line of section 20 of said Act, the following language: provided, that said three readings may be had at one and the same session of the mayor and aldermen of said city; by inserting between the words policeman and one, in the third line of section 22, the words or marshals, and by inserting between the words police and a, in the fourth line of said section, the words or chief marshal; by striking the word 1899, in the second line of the thirty-seventh section of said Act, and inserting in lieu thereof 1889; by striking from said Act the whole of section 39, and by changing the numbers of the sections of said Act so as to conform to this amendment, 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 authority of the same, That from and after the passage of this Act an Act of the General Assembly of the State of Georgia approved December 15, 1900, entitled an Act to cause and establish a new charter for the city of Milledgeville; to establish the office of recorder; to enlarge the jurisdiction of the police court; to more accurately regulate the power of the mayor and aldermen of said city relative to the public streets; to provide methods of contesting elections; to confer power upon the mayor and aldermen to assess and collect taxes and licenses; to authorize condemnation of private property for public purposes; to authorize the establishment of a city chain-gang; to confer jurisdiction upon the mayor and aldermen over the city cemetery and other public property; to regulate the establishment of nuisances; to authorize the collection of gross sales tax; to provide for support of schools within the limits of said city, and for other purposes, be, and the same is, hereby amended by striking from the caption of said Act, and in the first line thereof, the word cause, and inserting in lieu thereof the word create; by striking from the tenth section of said Act and the the third line thereof the word Monday and inserting in lieu thereof the word day, and by striking from the tenth section and fourth line thereof the words first day of January and inserting in lieu thereof the words third Monday in December; by striking from said Act the whole of section 14 thereof; by adding after the word times, in the sixth line of section 20 of said Act the following language: provided, that said three readings may be had at one and the same session of the mayor and aldermen of said city; by inserting between the word policeman and one, in the third line of section 22, the words or marshals, and by inserting between the words police and a, in the fourth line of said section, the words or chief marshal; by striking the word 1899, in the second line of the thirty-seventh section of said Act, and inserting in lieu thereof 1889; by striking from said Act the whole of section 39, and by changing the numbers of the sections of said Act so as to conform to this amendment, and for other purposes. Milledgeville, charter amended. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved December 5, 1902.

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MORGANTON, TOWN OF, INCORPORATED. No. 112. An Act to incorporate the town of Morganton, in the county of Fannin; to fix the limits of said town; to provide for the appointment and election of officers; to provide for the levy of taxes, both street and ad valorem; to levy and collect special taxes on all shows and circuses, itinerant traders or peddlers; to prohibit the sale of liquors in said town and within four miles of its incorporate limits; to provide for the prohibition of the keeping of liquors for illegal sale, and to prohibit the purchase of liquors from persons who have the same for illegal sale in said town; to provide for the punishment of all offenses committed in said town which partake of two natures, one against the State, the other against the municipality; to authorize the mayor and town council to pass all and any needful rules, regulations, ordinances and laws necessary for the peace, order and good 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 the authority of the same, That from and after the passage of this Act the town of Morganton, in the county of Fannin, in the State of Georgia, be. and the same is, hereby incorporated under the name of the town of Morganton; that the municipal government of the town of Morganton 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 Morganton, 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 Morganton, 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. Morganton, town of, incorporated. SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town of Morganton shall extend one half mile in every direction from the North Georgia Baptist College building in said town, or what was formerly known as the old county court-house. Corporate limits.

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SEC. 3. Be it further enacted by the authority aforesaid, That Thomas R. Trammel be, and he is, hereby appointed mayor of said town, and Oscar F. Chastain, Ephraim L. Prince, James P. Aaron, John E. Daves and J. G. Ammons be, and are, hereby appointed councilmen of said town, to hold their office until the first election of mayor and councilmen on the first Monday in November, 1903, and 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 Monday in November, 1903, and annually thereafter, elections for mayor and five couneilmen 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 ten days immediately prior to the election to be held, and who have paid all taxes of every description legally imposed and demanded by the authority of said town, shall be entitled to vote. 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 of Georgia are conducted. The polls at all such elections shall be open at some convenient and accessible place in said town, at ten o'clock a.m. and closed at three p.m. The managers at all elections, before proceeding with said election, shall taken and subscribe the oath as prescribed in section 67 of the Code of Georgia of 1895, and in the manner prescribed in section 68 of said Code. 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 certify the results of the election to the acting mayor and council; the first said certificate shall authorize said persons to take the cath of office, 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. Mayor and councilmen. SEC. 4. Be it further enacted by the authority aforesaid, That all persons who have attained to the age of twenty-one years, who have been a bona fide resident of said town ten days immediately prior to the election to be held, and who are otherwise qualified to

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vote, shall be eligible to election to the office of mayor or councilmen. Eligibility. SEC. 5. Be it further enacted by the authority aforesaid, That should the election of mayor or council of said town be contested, such contest shall be filed, heard and determined under the same rules, regulations, law and procedure as are contested elections for county officers. Election contests. SEC. 6. Be it further enacted by the authority aforesaid, That before entering upon the discharge of their duties the mayor and council shall take and subscribe the following oath: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as mayor (or councilmen, as the case may be) of the town of Morganton, Fannin 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. Official oath. SEC. 7. Be it further enacted by the authority aforesaid, That the regular meetings of the mayor and council of said town shall be held monthly on the first Monday in each month, at such hour as may be fixed by the council, with such call meetings as may appear necessary. At the first regular meeting of said council the mayor and council shall elect a treasurer, clerk and marshal; the treasurer and clerk may be selected from among the members of the council, and any resident of Fannin county is eligible to elections to the office of marshal of said town. Meetings of council. SEC. 8. Be it further enacted by the authority aforesaid, That 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 said town of Morganton, and are included in this charter in as full a manner as if set out specifically and in detail herein, except in so far as they may be inconsistent with what is herein otherwise enacted, to wit: sections 692, 694, 695, 696, 697, 698, 699, 700, 701, 704, 705, 706, 707, 708, 709, 712, 713, 714, 715, 716, 719, 720, 721, 722, 729, 730, 731, 732, 733, 734, 735, 736, 740, 741, 742, 743, 744, 746, 747, 748, 749, 750, 751, 752, 754. Statutory powers. SEC. 9. Be it further enacted by the authority aforesaid, That the mayor, or mayor pro tem., shall have power at any time to hold mayor's court, under rules and regulations of the mayor and council, for the trial of offenders against the ordinances of said town, and to impose such fines, sentences and penalties as they may deem just and proper not to exceed the sum of fifty dollars, or imprisonment or labor on the streets or other public works of the town of Morganton nof exceeding thirty days, in the discretion

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of the mayor or mayor pro tem.; provided, however, the accused shall have the right within four days, Sundays included, to enter an appeal from the judgment of the mayor, or person designated by the council in the absence or disqualification of the mayor or mayor pro tem., upon his giving bond to satisfy the judgment on the appeal and paying all cost which have accrued up to the time of entering said appeal. And the mayor, mayor pro tem. or acting mayor, and the council, on the trial of appeals, shall have power and authority to issue subp[oelig]nas and compel the attendance of witnesses, under such rules and regulations as may be adopted by the mayor and council. Mayor's court. SEC. 10. Be it further enacted by the authority aforesaid, That the cost of issuing subp[oelig]nas, executions, summons, processes, writs and warrants and serving the same shall be the same as those of justices and constables, as prescribed by the laws of this State, and in each instance shall become a part of the judgment, fine and sentence of the mayor, mayor pro tem., acting mayor or council, and collected or enforced accordingly. Costs. SEC. 11. Be it further enacted by the authority aforesaid, That the fiscal year in the town of Morganton shall begin on the first Monday in November, 1903, and end on the first Monday in November annually thereafter. And it shall be the duty of all persons owning real or personal property within said town subject to taxation under the laws of this State, to make a just and true return thereof under oath to the clerk of the council, under such rules and regulations as may be adopted by the mayor and council, on or before January the first, 1903, and annually thereafter, and any taxpayer who shall fail to return his property for taxation shall be subject to a double tax, and shall be collected as other taxes. It shall be the duty of the mayor and council to closely scan all returns of property for taxation, and if, in their judgment, the same is returned at less than its real value, they shall require their clerk to give written notice to the person making such return of the fact of its rejection, and upon the hearing it shall be the duty of the mayor and council to assess such property at is real value. It shall be the duty of the mayor and council of said town, on or by the first day of July in each year, to assess the rate of taxation for such fiscal year as provided in section 700 of the Code of 1895, and it shall also be the duty of the mayor and council to see that the tax so assessed shall be paid to the treasurer of said town by October first of each year. Fiscal year Tax returns. SEC. 12. Be it further enacted by the authority aforesaid, That the mayor and council shall have power and authority to

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contract with any person owning land in said town and purchase the same for the purpose of laying out new streets, widening, straightening, altering old ones, and to drain and keep in good repair roads, streets, sidewalks, alleys, cross-walks and squares in said town for the use of the public; and in case the governing authorities of said town and the owner of said real estate can not agree upon the price, or otherwise acquire said real estate for such public purposes, they shall have full power and authority to appropriate and condemn lands in said town for such public purposes; and when damages are claimed as a result of such appropriation for public purposes, the landowner shall select one arbitrator, the mayor and council one, and the two thus selected shall select a third, and the three thus selected, before entering upon the discharge of their duties, shall take the following oath: We, as arbitrators, duly selected, do solemnly swear that we will faithfully and honestly appraise the property taken by the town of Morganton at its real market value; so help us God. As soon as practicable, said arbitrators shall make up and return their award to the clerk of the council of said town, and if either party is dissatisfied therewith, there may be an appeal to the superior court of county, under the same rules and regulations governing cases of appeals from the justice's court of this State. Streets, etc. SEC. 13. Be it further enacted by the authority aforesaid, 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 whatever, except in cases of sickness or accident, any whiskey, brandy, gin, beer, ale, bitters, eider, or any other spirituous liquors of an intoxicating nature within the limits of the town of Morganton, nor within four miles of the incorporate lines of said town. Liquor, etc., sale of SEC. 14. Be it further enacted by the authority aforesaid, That the said mayor and council shall, in the exercise of their police powers, have full and complete 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 town of Morganton, and to that end may provide ordinances punishing any person or persons keeping in said town spirituous, vinous, malt or intoxicating liquors for illegal sale, or ordinances punishing any person or persons who may purchase in said town any of such liquors from any person or persons illegally selling, by himself or his agent, any of such liquors within the corporate limits of the town of Morganton. Illegal sales, penalties. SEC. 15. Be it further enacted by the authority aforesaid,

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That the mayor and council of the town of Morganton are hereby expressly authorized, in the exercise of their police powers, to pass ordinances prohibiting the commission of any act or acts within the corporate limits of said town, which acts, in their nature, constitute two offenses, one against the State, the other against the municipality, by reason of the act or acts having been committed within the corporate limits of said town to the injury of the local peace, good order and dignity of said town, and to the terror and the disturbance of the inhabitants thereof, and to pass all ordinances looking to the punishment of the offender or offenders to the extent of the offense against the municipality; provided, however, the acquittal or conviction of any person or persons for a violation of any ordinance passed in pursuance of this section shall be no bar to the prosecution of any person or persons in any of the courts of this State having jurisdiction in so far as any of said acts constitute an offense against the State. Offenses against State and town. SEC. 16. Be it further enacted by the authority aforesaid, That the mayor and council of said town are hereby authorized to tax all shows, circuses, sleight of hand performances, which may exhibit in said town; all itinerant traders and peddlers who may offer goods, wares or merchandise for sale within said limits, and to pass all ordinances to carry into effect the purposes of this section. Specific taxes. SEC. 17. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority to pass all laws and ordinances necessary to carry out the objects, purposes and powers of this charter, and all other powers usually conferred upon municipalities, and not in conflict with the Constitution and laws of this State. Said mayor and council shall be empowered to build a calaboose and provide a council chamber. They shall have authority to declare what are nuisances, abate the same, adopt quarantine laws and other regulations for the health and sanitation of said town. General welfare. 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. Approved December 17, 1902.

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NEWTON, TOWN OF, CHARTER AMENDED. No. 178. An Act to amend an Act entitled an Act to incorporate the town of Newton, in Baker county, approved January 20, 1872, and the Acts amendatory thereof, approved December 15, 1897, and December 20, 1898, respectively; to provide for a mayor pro tem., 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 6 of said Act of 1872 be amended by striking the word they, in the ninth line of said section, and substituting in lieu of said word, the words mayor or chairman of council, and by inserting between the words days and or, in the tenth line of said section 6, the words or to be worked on the streets of said town not more than thirty days. Newton, town of, charter amended. SEC. 2. Be it further enacted by the authority aforesaid, That section 4 of said Act of 1898 be amended by striking from the third line of said section the word fifty, and substituting in lieu thereof the words two hundred. SEC. 3. Be it further enacted by the authority aforesaid, That at the time of electing a mayor or chairman of council it shall be the duty of the town council of said town to elect from among their own number a mayor pro tem. who, during the absence or disqualification of the mayor, shall exercise all the rights, powers and duties imposed upon said mayor. Mayor pro tem. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902.

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NORMAN PARK, TOWN OF, INCORPORATED. No. 56. An Act to incorporate what has heretofore been the village of Obe, in the county of Colquitt, into the town of Norman Park, and provide a charter therefor, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act that what has heretofore been the village of Obe, in the county of Colquitt, be, and the same is, hereby declared to be a body corporate, invested with all the powers usually conferred upon such municipalities under the name of the town of Norman Park. Norman Park, town of, incorporated. SEC. 2. That the name of the said village of Obe be, and the same is, hereby changed from Obe to Norman Park; that the limits of the said town shall extend one mile in every direction from a point to be determined and fixed as follows: Where the center of East Broad street intersects with the east boundary line of the right of way of the Tifton, Thomasville and Gulf Railroad. Corporate limits. SEC. 3. That the municipal government of said town of Norman Park shall be vested in a mayor and five (5) aldermen, and such other officers as they may select. J. H. Buchanan shall be mayor; Julien E. Perry, John R. Peters, J. B. Norman, Jr., K. W. Horne and V. F. Norman shall be aldermen until their successors are chosen and selected as hereinafter provided. On the second Monday in January, nineteen hundred and four (1904), and biennially thereafter, there shall be held an election at the council chamber, or some other place in same town previously selected by the mayor and aldermen, for the purpose of electing a mayor and two aldermen for the term of two years, and until their successors are elected and qualified, and on the second Monday of January, (1905) nineteen hundred and five, and biennially thereafter, there shall be likewise held an election for three (3) aldermen, who shall likewise hold for the term of two years and till their successors are elected and qualified. The officers so elected shall at the next regular meeting of the town council following said election be sworn in by the mayor or any other officer qualified to administer an oath; said oath shall be taken and subscribed on the book of minutes in which are kept the proceedings of town council. Said oath to be as follows: I do solemnly swear, or

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affirm, that to the best of my ability I will perform all the duties of mayor (or aldermen, as the case may be) of the town of Norman Park, for the term to which I have been elected; so help me God. Immediately on taking and subscribing this oath they shall enter on the discharge of their respective duties. If for any reason any of said officers are not so sworn in at that time, they may be sworn in at any subsequent time. Mayor and aldermen. Oath. SEC. 4. J. H. Buchanan, as mayor, and Julien E. Perry, John R. Peters, as aldermen, shall hold office until their successors are elected at the election to be held on the second Monday in January, nineteen hundred and four (1904), and the other aldermen, to wit: J. B. Norman, Jr., K. W. Horne and V. F. Norman, shall hold office until their successors are elected at the election to be held on the second Monday in January, nineteen hundred and five (1905), and qualified; provided, that at any time a vacancy occurs in the office of mayor or aldermen by death, resignation or otherwise, the remaining aldermen or mayor may select some qualified citizen of said town to fill such vacancy so occasioned until the next regular election, at which time there shall be elected his successor. Terms of office. SEC. 5. The mayor shall preside at all meetings of the council, and shall have all the power usually incident to mayors of towns; he shall be an ex officio justice of the peace, so far as issuing criminal warrants and trying offenses for violation of the criminal laws in the said town of Norman Park is concerned; he shall have no vote on any question arising in the meetings of the council unless there be a tie between the aldermen; in such cases he shall be allowed to vote. Four aldermen, or the mayor and three aldermen, shall constitute a quorum for the transaction of business, and a majority vote of those present shall be necessary to pass any ordinance, resolution, etc. Mayor, powers of. SEC. 6. The mayor and aldermen shall have power to abate nuisances, tax itinerant shows, venders and the like; to issue special taxes and licenses for all classes of businesses or occupations as in their discretion they may see fit, according to the terms of this charter; and to pass all ordinances for the benefit and good government of said town of Norman Park as they may deem proper, not inconsistent herewith; they shall have the right to levy an ad valorem tax for general purposes on all the property in said town, both real and personal, and not exceeding fifty cents on the hundred dollars. In addition to this, they may levy and collect for school purposes a tax of twenty-five cents (25 cents) on the

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hundred dollars, which shall be used exclusively for school purposes according to the laws of force in this State. Specific taxes. Ad valorem tax. School tax. SEC. 7. The mayor, or in case of the absence of the mayor, the mayor pro tem., to be chosen from one of the aldermen, shall have the right and power to punish all offenders against the ordinances of said town by forcing said offender to work on the streets of said town or by confinement in the guard-house for the term of twenty-five days, or by fine of fifty ($50.00) dollars, either one or all three of said punishments, or any part thereof, may be inflicted. Mayor, powers of. SEC. 8. The said mayor, or mayor pro tem., is hereby empowered to bind over any offender to the courts of Colquitt county for the violation of any of the criminal laws of said State; to assess and accept bonds for their appearance to answer such charges. Appearance bonds. SEC. 9. That no license to sell or vend any spirituous, malt or intexicating liquors shall be granted by said mayor and aldermen unless the applicant therefor shall present a petition signed in person by two thirds of the freeholders of said town. Nor shall any such liquor ever be sold within three hundred (300) yards of any church or schoolhouse in said town. Liquor licenses. SEC. 10. All elections held in said town under and by virtue of this charter may be held as are held elections for members of the General Assembly, or they may be held by the mayor or any aldermen of said town and two freeholders, residents of said town; provided, no one shall be competent to assist in holding an election in which he may be a candidate. All citizens of said town who are qualified to vote for members of the General Assembly shall be qualified to vote in all elections held under the provisions of this charter; the polls shall be opened at 8 o'clock a.m. and closed at 3 o'clock p.m.; provided, however, the mayor and aldermen of said town shall have the rights and powers to pass ordinances requiring all voters to register before being allowed to vote in any election. Elections. SEC. 11. The mayor and aldermen of said town shall receive for their services such compensation as may be fixed by their predecessors in office, which shall not be changed during their term of office; provided, however, that the mayor and aldermen herein designated shall receive for their services such compensation as they themselves may fix at some regular meeting of the mayor and aldermen. Salaries.

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SEC. 12. That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved December 6, 1902. OAKLAND, TOWN OF, CHARTER AMENDED. No. 202. An Act to amend the charter of the town of Oakland City, Fulton county, Georgia, so as to authorize and empower the mayor and council of Oakland City to provide for the establishment and maintenance of a public school system in said town, and authorizing the levying of taxes for the support of 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 Acts incorporating the town of Oakland City, and the Acts amendatory thereof, be, and the same are, hereby amended as follows, to wit: That section nine (9), on page 179 of the Acts of 1894, be amended by striking out the words one half, in the second line of said section, and inserting in lien thereof the words three fourths, so that the said section, when amended, will read as follows: Be it further enacted, That the mayor and aldermen shall have power to levy a tax not exceeding three fourths of one per cent. on all property, real or personal, subject to the State tax within the corporate limits of said town. They shall have power and authority to require all persons subject to road duty under the laws of this State to work on the streets, alleys and sidewalks of said town; but they may receive in lien of said work such commutation fee as such mayor and aldermen shall prescribe. Oakland City, town of. Taxation. SEC. 2. That said charter of said town be amended by adding the following sections, which shall be known as sections Nos. 23, 24, 25 and 26, and which sections shall read as follows: Sec. 23. The mayor and aldermen of the town of Oakland City are empowered to maintain a system of public schools in and for said town, with the right to make such public schools absolutely free to all the children in the corporate limits of said town; provided, they desire to do so; and with the right to charge pupils who reside outside the corporate limits of said town tuition who enter said public schools; and the mayor and aldermen may by

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ordinance or otherwise, in their discretion, provide for appropriate agencies to regulate, improvise and carry on said system of public schools and render the same efficient. Public schools. Sec. 24. The mayor and aldermen of said town shall have the right to provide by ordinance or otherwise the number of trustees for said public schools, their qualifications, term of office, and to make such changes as they see proper as to the number of trustees, and may, if they see proper to do so, increase or diminish the number of trustees of said public schools, or may abolish the board of trustees entirely, and vest the management of said public schools in the mayor and aldermen of said town. Board of trustees. Sec. 25. It shall be the duty of said mayor and aldermen to have prepared and furnished the State School Commissioner each year a list of 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 said mayor and aldermen such proportion of said educational fund as said pupils are entitled to under the rules of distribution; and it shall also be the duty of said State School Commissioner to pay to said mayor and aldermen any school fund which pupils residing outside the corporate limits of said town are entitled to; provided, said pupils attend the public schools in said town. Public school fund, pro rata share. Sec. 26. No special tax shall be levied and collected for school purposes in said town, but the expense of carrying on said system of public schools shall be paid out of the city treasury under such rules as may be prescribed by the mayor and aldermen; provided, however, that said mayor and aldermen shall have no right to levy a tax for more than three fourths of one per cent., as aforesaid, for all purposes, including the expense of carrying on said public schools. Expenses of schools. SEC. 3. It is further enacted, That the provisions of this Act shall become effective only after the proposition to increase the tax rate of said corporation, as indicated, has been submitted by the city council of Oakland to the qualified voters of said municipality, with reasonable notice of election; and after said propoition to increase the tax rate has received the affirmative vote of two thirds of said qualified voters who vote at such election. The vote of said two thirds of the qualified votes cast in favor of the provisions of this Act shall make this Act effective. Election for ratification. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1902.

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OCILLA, TOWN OF, CHARTER REPEALED. No. 38. An Act to repeal an Act approved November 24, 1897, incorporating the town of Ocilla, and the several Acts amendatory thereof, to wit: one approved December 16, 1898, and one approved December 21, 1899, and constituting the present charter of the town of Ocilla, in Irwin county, Georgia, 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 November 24, 1897, incorporating the town of Ocilla, in Irwin county, Georgia, and the Acts amendatory thereof, approved December 16, 1898, and constituting the present charter of the town of Ocilla, Georgia, be, and the same are, hereby repealed. Ocilla, town of, made city. 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 Ocilla shall have been approved by the Governor of the State of Georgia. 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 December 5, 1902.

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OCILLA, CITY OF, INCORPORATED. No. 187. An Act to incorporate the city of Ocilla, in Irwin county, Georgia; to provide that all property held and owned by the town of Ocilla shall be and become the right and property of the city of Ocilla; that all the rights and liabilities of the town of Ocilla, or the mayor and aldermen of the same, shall accrue to and against the city of Ocilla; to provide for a mayor and aldermen and other officers for said city, and prescribe their powers and duties and the manner of their election; to define the corporate limits of the city of Ocilla; to declare and define the police powers of said city, and to provide for all matters of municipal concern and cognizance; to create a registration system, and prescribe a qualification for voters in all elections for all purposes in said city; to authorize the creation and regulation of a city market; to prohibit the illegal keeping or furnishing of intoxicants of all kinds in said city; to provide rules for opening and closing streets, alleys and sidewalks, and for condemning property for the same; to provide for ownership and control of cemeteries within or without the city; to provide for issuing of bonds for public improvements, and especially for public school property, school buildings, water-works and electric or other light plants for said city, and operate the same; to permit the granting of franchises to public utilities by said city; to provide for levying and collecting an ad valorem tax for ordinary purposes, and for the purpose of paying both the interest and principal of all bonds to be issued by said city of Ocilla; to authorize the levy and collection of special taxes on all kinds of business, trade or avocation carried on therein; to authorize the mayor and aldermen to enact and enforce all necessary penal and other ordinances for said city; to grant a charter to said city under the corporate name of the city of Ocilla, 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 and known and heretofore incorporated in the town of Ocilla, in Irwin county, Georgia, by an Act of the General Assembly of Georgia, approved November 24, 1897, and any amendatory or subsequent Acts, and embraced at present in

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the territory hereinafter described and bounded in section 2 of this Act, be, and they are, hereby incorporated under the name and style of the city of Ocilla, in Irwin county, Georgia, and the city of Ocilla 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, easements and hereditaments now belonging and in anywise appertaining to said town of Ocilla, or the mayor and aldermen of Ocilla, as heretofore incorporated, shall be, and are, hereby vested in the city of Ocilla, as created by this Act; and the said city of Ocilla, in Irwin 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 aldermen 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 aldermen deem best and not inconsistent with the laws of Georgia and the United States; and the said city of Ocilla 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 and personal, lands, tenements, hereditaments of any kind, whether within or without the corporate limits of said city, for corporate or municipal purposes, and to sell, alien, exchange or lease the same, or any part thereof. The said city of Ocilla, created by this Act, is hereby made responsible as a body corporate for the legal debts and liabilities and undertakings of said town of Ocilla, or the mayor and aldermen of Ocilla heretofore incorporated, and the present mayor and aldermen of the town of Ocilla, to wit: J. J. Walker, who is at this time acting mayor of the town of Ocilla; and J. A. J. Henderson, J. W. Paulk, J. H. Powell, W. W. Peacock, C. A. J. Harper, who are at this time acting as aldermen of said town of Ocilla, shall each and all continue in office as said mayor and said aldermen, respectively, as the mayor and aldermen of the city of Ocilla, incorporated under this Act, until their present term of office expires, or their successors are elected and qualified, and all other officers of the town of Ocilla shall continue in office until their present term expires or their successors are elected and qualified. Ocilla, city of, incorporated. Mayor and aldermen. SEC. 2. Be it further enacted, That the corporate limits and boundaries of said city of Ocilla shall be known and designated as follows: Beginning at the southwest corner of land lot number

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forty-two (42), in the fifth (5th) land district of Irwin county, Georgia, and running north on the original west line of said lot of land number forty-two (42) six hundred and sixty (660) feet to the south margin of Second street, as shown by the map and survey of the town of Ocilla, thence running due west in and over lot of land number forty-three (43) of said county and district, to the first branch, thence up the run of said branch in a northernly direction to the north original line of said land lot number forty-three (43), thence east on the said north original land line of lot of land number forty-three (43) to the northwest corner of lot number (42), thence north along the west original line of lot five (5), in said district, seven hundred (700) feet, thence east in a straight line one thousand and three hundred (1,300) feet, thence south in a straight line seven hundred (700) feet to the north original line of said land lot number forty-two (42), thence east on said north original lot line to a point five hundred and forty-six (546) feet east of Oak street, as shown by the map and survey of the town of Ocilla, thence south in a straight line to the south original line of said land lot number forty-two (42), thence west on said original line of lot number forty-two (42) two thousand seven hundred and seventeen (2,717) feet to the southwest corner of said land lot, being the place of beginning. Corporate limits. SEC. 3. Be it further enacted, That on the first Tuesday in January, 1903, and biennially thereafter, there shall be held an election to elect a mayor and five aldermen to serve two years each, or until their successors are elected and qualified, who are hereby constituted a body corporate under the name and style of the mayor and city council of Ocilla, and as such shall have perpetual succession and do and perform all things herein enumerated. Said election shall be held in the council chamber in said city, but if the mayor and council so desire they may order said election to be held at some other convenient place in said city; provided, such other place be selected and advertised through some newspaper published in said city, or at the council chamber and two other public places in said city for the time of fifteen days immediately before the holding of the same, and all municipal elections held for any purpose or purposes whatever in said city shall be held as herein provided and the voting shall be by ballot. Election of mayor and council. SEC. 4. 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 Ocilla, shall be superintended and managed by a justice of the peace and two freeholders who are citizens of said city and own

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real estate therein, or by three freeholders, all of whom shall be citizens of said city and own real estate therein. Said freeholders shall, previously before the day of election, be selected by the mayor and aldermen, and all managers, before entering upon his or their duties, shall take and subscribe before the mayor of said city, or some other 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, to be held on this day, in the city of Ocilla; that we will make a just and true return thereof, and not knowingly permit any one to vote unless we believe he is entitled to do so, nor knowingly prevent any one from voting who is so entitled by law, and will not divulge for whom any vote was cast, nor on what side of any issue any vote was cast, unless called on under the law to do; so help us God. Said managers shall keep, or cause to be kept, two lists of voters and two tally-sheets. The polls shall be opened at eight o'clock a.m. and shall be closed and four o'clock p.m. Said elections shall be held 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 elections and do not conflict with the specific rules herein contained; and all municipal elections held in said city at any time and for any purpose whatever shall be held in the same manner and as near uniform as practicable. Election managers. SEC. 5. Be it further enacted, That the superintendents of elections shall promptly and duly declare the result of said elections, and shall duly issue their certificate signed by each of them, certifying the result of the same to the mayor and aldermen of said city, and certificates of election to all candidates or parties elected to any office in said city and receiving the highest number of votes polled, and the oath taken by said managers, their certificate to the mayor and aldermen certifying to the result of each election, together with one of the lists of voters and one tally-sheet used and kept in each election, shall be duly delivered by one of their number to the city clerk, under the hands and seals of said managers, and shall promptly deliver to the ordinary of Irwin county under their hands and seals, in a sealed package, all the tickets, one list of voters and one tally-sheet, to be delivered by any one of said managers without alteration to said ordinary within three days of the time of holding said election, to be safely kept in the office of the ordinary of said county for at least thirty days, and then the same may be destroyed as delivered to him, unless a contest is filed to the result so declared

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by the managers; and in that event all of said papers and tickets shall be preserved till said contest is finally terminated, and the papers so delivered to the city clerk by said managers shall be safely preserved without alteration by him until the first meeting of the mayor and aldermen after the holding of said election, at which time he shall deliver the same to them in open meeting; and it is made the duty of the mayor and aldermen to cause the same to be opened and inspected by their body and see that the result so declared is correctly done, and to call in the managers of said election to correct any technical error made by them, if any, and then all of said election papers shall be turned over to the city clerk and by him safely preserved in his office as public files, to be taken out only by order of some court of law or the mayor and aldermen of said city. Results, how declared and certified. SEC. 6. Be it further enacted, That if the result of any election held in said city is contested, notice of such contest shall be filed with said ordinary within three days after said election, setting forth all the grounds of contest, and the ordinary shall, within two days after he receives the same, cause a copy of said notice, with his process attached, to be served by the sheriff of Irwin 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 said copy, notice, etc. to be served on the mayor of said city, and said sheriff shall receive the same fees in contest cases as allowed him in serving similar papers in the superior courts. All service of papers herein provided shall be by serving the parties personally, or leaving the same at the most notorious place of abode of the party served. Said ordinary shall fix the time and place of hearing all such contests, which shall not be earlier than five days after service has been perfected, of which time and place both parties shall have five days' notice before the hearing. Said ordinary shall have original jurisdiction in contests; is authorized to hear and determine the same, giving the contestee as speedy trial of the issues raised, and assess the costs of the proceedings against the losing party or parties, and enter the same as part of his decisions and judgment, and issue executions for the same as other costs executions are issued by him. Election contests. SEC. 7. Be it further enacted, That every male citizen of the city of Ocilla, incorporated under this Act, twenty-one years of age, who shall have resided in this State one year next preceding

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the election, and six months within the corporate limits of the city next preceding the election, and shall have paid all lawful taxes which may have been required of him, either State, county or municipal, and which he may have had opportunity to pay agreeable to law, except for the year of the election, and the payment of all licenses and registration fees required of him by said city, and who is registered according to the laws of said city, and who is qualified to vote for members of the General Assembly and not convicted of any crime involving moral turpitude and not pardoned, shall be qualified to vote at any election held in and for said city of Ocilla for any purpose whatever. Electors SEC. 8. 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 the same, and of the age of twenty-one years, and has resided in said city one year prior to his election to either of said offices, and shall be a citizen of the United State. Eligibility. SEC. 9. Be it further enacted, That before entering upon the duties of their respective offices, the mayor and each alderman shall take and subscribe to the following oath: I do solemnly swear (or affirm) that I will faithfully discharge all the duties devolving on me as mayor (or aldermen, as the case may be) of the city of Ocilla, Georgia, during my continuance in office, according to the best of my ability, without partiality or bias, and I will support and defend the Constitution of the State of Georgia and the United States; so help me God. Official oath. SEC. 10. Be it further enacted, That any vacancy in the office of mayor or aldermen by death, resignation, failure to elect, removal from office or from the city, shall be filled in the following manner: The mayor pro tem. shall succeed to or fill the office of mayor, and the mayor and the remaining aldermen shall by vote elect qualified citizens of said city to fill any vacancy in the office of aldermen made vacant as herein provided; and each of said new officers shall take the oath of office prescribed in section 9, and hold said office for the unexpired time of the same. Vacancies. SEC. 11. Be it further enacted, That said mayor and aldermen, at their first meeting in each year, shall elect one of said aldermen mayor pro tem., who shall, in case of vacancy, absence or disqualification of the mayor elected, 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. 12. Be it further enacted, That said mayor and aldermen shall have the authority to elect a city clerk and treasurer,

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marshal (who shall be chief of police), policemen, city physician, city attorney, city superintendent of the water and electric light plant, chief of fire department, and a recorder and such other subordinate officers in and for said city of Ocilla as they may deem necessary and proper, and by ordinances, rules and regulations prescribe their salaries, duties, oath of office, and remove either of them from office, or impose fines and penalties, at the discretion of said mayor and aldermen, prescribe suitable bonds with security, in each case to be approved by them, and prescribe the term of office of each of such officers. Officers. SEC. 13. Be it further enacted, That the mayor of said city of Ocilla shall be the chief executive of said city; he shall see that all laws, ordinances, rules, regulations and resolutions 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; he shall not vote on any question or election in council meetings where he is disqualified by interest or otherwise, nor on any question or election of officers by council, except in cases of a tie vote of the aldermen, when he may cast the deciding vote to break a tie aforesaid; he shall have the power to convene the city council in extra sessions whenever he deems the same necessary; he shall have the power when presiding, and the mayor pro tem. when he is presiding, in all meetings of council to preserve order and decorum, and punish by fine not exceeding ten dollars, or imprisonment not exceeding forty-eight (48) hours, any person for contempt when so declared and ordered by the aldermen while in session. Mayor, executive powers. SEC. 14. Be it further enacted, That there shall be a mayor's (or police) court in said city of Ocilla for the trial of all offenders against the laws, ordinances, rules and resolutions of said city, to be held at the council chamber, or other place designated by the presiding officer. The mayor shall be the trial officer, preside at said court; but in the absence from the city, or from sickness or disqualification of the mayor, the mayor pro tem. shall preside at said court; and in the absence or disqualification of both the mayor and mayor pro tem., any alderman of said city may hold said court and be clothed with the same authority and power as the mayor. Said court shall have the power to preserve order and to compel the attendance of witnesses, punish for contempt by imprisonment in the guard-house of the city not exceeding five days, or by fine not exceeding ten dollars for each offense,

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one or both, in his discretion. Said mayor, or presiding officer, 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 chain-gang of said city, or be safely confined in the guard-house of said city for a term not to exceed thirty days, or to pay a fine not to exceed one hundred dollars into court; either one or all of said penalties may be imposed, in the discretion of the mayor or presiding officer. All sentences and judgments shall contain an alternative. Any fine imposed may be collected by execution issued as other executions in favor of said city out of the estate of the defendant, both real and personal. That the rules of evidence, procedure and practice in said mayor's court shall conform to, as near as practicable in said court, the rules of evidence, procedure and practice in the State courts in misdemeanor cases, where rules to the contrary are not otherwise provided for herein or by city ordinances. The city of Ocilla shall be made plaintiff in all such cases. Mayor's court. SEC. 15. Be it further enacted, That the mayor, or other presiding officer provided for in this charter, when any person or persons are [Illegible Text] before the police court of said city, charged with the 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 and any witness, or witnesses, shall be required to give bond and security, to be approved by the presiding officer at the time, or to deposit with the court a bonus to be prescribed by the presiding officer, to insure or compel his, her or their appearance and attendance upon said court at the time appointed for trial, or in default of making such appearance bond, to be ordered to the city guard-house, and there securely imprisoned to wait trial or hearing. If such bond is given and the principal or principals therein shall fail to appear at the time fixed therein, such bond shall be forfeited by the mayor, or mayor pro tem., and execution shall be issued on the judgment or order entered up in said case by the city clerk, as other executions in favor of the city, and collected as other executions in favor of said city; provided, a rule nisi shall first issue and a copy served on each of the principals and securities in such bond or bonds at least five days before entering a final judgment or order in any case, or forfeiture of bonds. Said rules nisi shall be served by the marshal of said city, the sheriff of Irwin county, or any constable of the same. Appearance bonds SEC. 16. Be it further enacted, That the mayor and mayor pro tem. shall be to all intents and purposes ex officio justice of the

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peace, so far as to enable them to issue warrants for offenses committed within the corporate limits of said city, which warrants shall be issued as warrants issued by State officers, and may be served by an arresting officer of said city. Said mayor, or mayor pro tem., may commit to the jail of Irwin county, or admit to bail, offenders for their appearance at the next term of the court [Illegible Text] in Irwin county that has jurisdiction of such offense, and it shall be the duty of the jailor of said county to receive all such persons so committed, and safely keep them until discharged by due process of law; either of said officers may issue warrants for parties violating any ordinance of said city. Mayor ex officio justice of the peace. SEC. 17. Be it further enacted, That it shall not be lawful for the mayor or aldermen of said city to be interested, either directly or indirectly, in any contract with the city, the mayor and council, or any one of them, having for its object the public improvement of said city, or any part thereof, or the expenditure of its money; nor shall it be lawful for any member of the council to vote on any question of appropriation for improvements of the city, or the payment of any account or claim against the city in which he or they are pecuniarily interested. Any violation of the first clause of this section by any of said officers, on conviction thereof, may be punished as for a misdemeanor under the laws of Georgia. Municipal contracts. SEC. 18. Be it further enacted, That after the first election held under this charter on the first Tuesday in January, 1903, for mayor and aldermen of said city, no person shall be allowed to vote in any election held in and for said city for any purpose or purposes herein provided for, who has not been duly registered as hereinafter provided; that it shall be the duty of the clerk of the city council to open and to keep open at his office each day, except Sundays, and at such hours as the mayor and aldermen may prescribe, a book for the registration of all 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 books shall be opened thirty days prior to the day of any such election and remain open for twenty days, after which time no one shall be allowed to register until after said elections. 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

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State one year (or will have so resided in this State one year on the day of next), and that I have resided in said city of Ocilla six months (or will have so resided in said city six months on the day of next), and am now a bona fide citizen of the city of Ocilla, Georgia: I have paid all taxes due said city, State and county, which have been required of me, and which I have had an opportunity to pay, except for the present year; so help me God. Registration of voters. SEC. 19. Be it further enacted, That the mayor and aldermen shall provide for a safe and suitable jail or guard-house for the keeping and detention of all city prisoners and convicts, and the city marshal shall be the jailer and custodian of the same. Guard-house. SEC. 20. Be it further enacted, That the mayor and aldermen of said city shall each receive such salary, as such officers, as the preceding or outgoing mayor and aldermen shall prescribe before the day of election of their successors, and upon their failure to so fix said salary or compensation, the new mayor and aldermen shall only receive the same last prescribed as herein provided, and such compensation or salary shall not be increased during their term of office. Salaries. SEC. 21. 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 tax returns, collect the taxes, business or special taxes, to issue licenses and tax receipts and to collect all fines and assessments made by the mayor or mayor and aldermen, by execution or otherwie. It shall be the duty of the treasurer to keep the different funds separate, and show the same in all reports required of him by the mayor and aldermen. It shall be the further duty of the clerk to attend all meetings of the board of mayor and aldermen and to keep a record of all minutes of their meetings, and he shall be the custodian of the seal of the city and books and records of the same. Clerk, duties of. SEC. 22. Be it further enacted, That the said mayor and aldermen shall have power and authority to regulate the keeping and prevent running at large, within said city of Ocilla, animals of all kinds and descriptions; 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; and 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

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cost of keeping said animal or animals, under rules and regulations prescribed by the mayor and aldermen. Stock pound. SEC. 23. Be it further enacted, That the mayor and aldermen shall have authority to create and organize a fire department or company, and shall have complete control of same, whether the same be a paid or volunteer company, and shall have power to enact all ordinances and regulations necessary to perfect and maintain said fire department or company. Fire department. SEC. 24. Be it further enacted, That the mayor and aldermen shall have the authority to prescribe a fire limit in said city and prescribe the kind of material to be used in erecting or repairing buildings in such limit, and to grant permits for all buildings or repairing of buildings within said limit, upon specifications submitted to the council of such buildings or repairing, and from time to time enlarge or change said limit. Fire limits SEC. 25. Be it further enacted, That the mayor and aldermen 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 to compel the attendance of persons so summoned, swear witnesses, compel the production of such papers and all disclosures pertinent to such investigations. Investigating committees. SEC. 26. Be it further enacted, That no person shall be eligible to any office under this Act who is not eligible to vote 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 fined as for a misdemeanor, and upon conviction removed from office. Eligibility. SEC. 27. Be it further enacted, That the mayor and aldermen of said city shall have the authority to grant right of ways over and through the streets and lanes of said city to railroad companies and street railroad companies, and to grant franchises, by proper ordinances, to electric light companies, water-works companies or sewerage companies, or to other like utilities, or to grant same to any person or corporation under such restrictions and for such times as they may see proper. Franchises SEC. 28. Be it further enacted, That the mayor and aldermen are authorized to revoke at any time any license that may be granted by their authority, for the violations of the ordinances,

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rules and regulations granting the same, or when it shall to them appear that it is to the best interest of the city to do so. Revocation of licenses. SEC. 29. Be it further enacted, That the mayor and aldermen shall have power and authority to prescribe by ordinances adequate penalties for all offenses against the ordinances of said city (and penalties and forfeitures for violations of all rules, orders and regulations for the government of officers or employees of the same), and to punish by fines not to exceed one hundred ($100.00) dollars, or labor on the streets of said city, or chain-gang of said city, or confinement in the guard-house or calaboose, not to exceed thirty (30) days. The mayor or the officer trying any offender of said ordinances, etc., may, on conviction of said offender, impose any one or all of said penalties, in his discretion. Punitive powers. SEC. 30. Be it further enacted, That the legislative department of said city of Ocilla shall be vested in the mayor and aldermen. They shall meet once in every month for the transaction of business, and not oftener, unless in the discretion of the mayor, or mayor pro tem., it becomes necesary to hold extra sessions, and in that event the mayor, or mayor pro tem., may convene the council at once. The mayor and council may adjourn their meetings from time to time to meet at some future time. The mayor and three aldermen, or the mayor pro tem. and three other aldermen, shall constitute a quorum to transact business. Mayor and aldermen, meetings of. SEC. 31. Be it further enacted, That before any ordinance shall become a law it shall be read at two separate meetings of the mayor and aldermen before its passage; provided, that any ordinance may be passed at the first meeting and reading by unanimous consent of the mayor, or mayor pro tem., if he is presiding in place of the mayor, and all the aldermen present; provided, a quorum is present at said meeting. All rules, resolutions and regulations, not ordinances, may be read and adopted at the same meeting of council. All ordinances or rules made and enacted by the mayor and aldermen of said city to be observed by the public generally shall first be advertised or published once in some newspaper published in said city, or by posting the same at the door of the council chamber of the city, before the same shall become operative. Ordinances and resolutions, how passed. SEC. 32. Be it further enacted, That there shall be a lien on all property of any citizen or inhabitant of said city, both real and personal, or any other person or persons having property in this State, for any and all municipal taxes due said city, and for fines and penalties assessed upon the owners thereof from the date the same is due and assessed or imposed, which shall have a priority

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over all other liens due the State and counties therein, and of senior liens in favor of other municipal corporations of this State. Liens. SEC. 33. Be it further enacted, That the mayor and aldermen of said city shall have full power and authority to require any person, company, firm 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, calling, vocation, profession or avocation, before beginning or entering upon the same, in a book to be kept for said purpose, and to require such person, firm, company or corporation to pay such fee for said registration, and for a license to engage in, carry on or prosecute such business, trades, etc., in said city as the mayor and aldermen may prescribe by ordinance. Said mayor and aldermen shall have the right and power to prescribe by ordinance a penalty for the violation of this section as provided in section of this charter, which shall be in addition to their right to enforce collection of any tax execution for such special tax due the city for the privileges herein enumerated. Registration of business. SEC. 34. Be it further enacted, That the mayor and aldermen shall have the power to establish a fee bill for the officers of said city elected or appointed by them, and said fee bill may be collected and turned into the treasury of the city, or may be paid to the officers so earning said fees, as the mayor and aldermen shall, by ordinance, direct. Fees of officers. SEC. 35. Be it further enacted, That the mayor and aldermen of said city shall have full power and authority to pass or enact all ordinances or by-laws respecting public buildings and grounds, streets, sidewalks and alleys, chain-gang, work-houses, public houses, vehicles of all kinds, bicycles, wells, springs, fire or other engines, mills, lakes or ponds, care of the poor, prevention of disorderly houses, houses of ill fame, for the prevention of disorderly or immoral conduct, and conduct liable to destory the peace and tranquillity of any citizen thereof, or a sojourner therein, 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, and make all needful rules for the government of their body and procedure of business. Police powers. SEC. 36. Be it further enacted, That the mayor and aldermen may compel all persons residing within said city, who may be subject to road duty under State laws, to work on the streets, lanes and walks of said city for a time not exceeding fifteen days in each year, but may levy and collect in lieu of said work a commutation

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tax from such person not to exceed five dollars, to be paid at such time or times as the mayor and aldermen may direct, and the mayor of said city shall have the same power to punish street defaulters as the road commissioners of this State now have, with the right of appeal to the general council, and the mayor and aldermen shall, by ordinance, provide for the enforcement of this section. Street duty or commutation tax. SEC. 37. 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 of said city, and all and singular the sheriffs and deputy sheriffs of said State, signed by the clerk of council, 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 the parties to be proceeded against are without the corporate limits of said city of Ocilla, and the marshal of said city shall serve all writs, processes, subp[oelig]nas, rules nisi, executions, etc., issuing as aforesaid, when the property or the parties to be proceeded against are within the corporate limits of said city of Ocilla. Writs and processes, how issued and executed. SEC. 38. Be it further enacted, That the mayor and aldermen shall have the right to establish a chain-gang for said city for the purpose of working the streets and lanes, or other highways of the city or any public work or improvement in the city, and in case any person escapes or attempts to escape from the party in charge of the city convicts or chain-gang, or in case any person aids, assists or advises any such attempt or escape of any such convict, may be arrested and punished by fine, etc., as prescribed in section 14 of this charter. Chain-gang. SEC. 39. Be it further enacted, That the time, place and manner of sale of property, both real and personal, for taxes due the city of Ocilla or for any other indebtedness due said city for any purpose whatever by any person or persons, shall be the same as that provided by law for sheriff sales for State and county taxes in this State; provided, such sale may be conducted and had before the door of the council chamber, or the usual place of meeting of the mayor and aldermen of said city, and said sale may be conducted by the marshal of said city, but if the property seized is without the limits of Irwin county the sheriff, or his lawful deputies of the county where the property is seized, may conduct such sale and sell as at sheriff's sales. All officers making sales under the provisions and authority of this charter shall have the

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same rights and authority to make deeds and deliver possessions of all property sold by them at such sales, and to pass titles to purchasers, as the State laws give to sheriffs of this State, and the sheriffs and their deputies shall receive the same fees as allowed them for making sales for State and county taxes. Tax and other rules SEC. 40. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the government of said city, the mayor and aldermen shall have full power and authority, and they shall provide by ordinance or resolution, for the assessment, levying and collection of an ad valorem tax on all property, both real and personal, within the corporate limits of said city, not exceeding one per cent., or one dollar on the hundred dollars, exclusive of taxation for public schools of said city. Ad valorem tax. SEC. 41. Be it further enacted, That the mayor and aldermen shall have 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 other like articles offered for sale by any one in said city. Said mayor and aldermen may establish a system of inspection of all said articles and merchandise sold at said market or other place in said city and prohibit the sale of the same at any other place should they see fit to do so. They may fix and provide for a fee for each inspection of said articles of merchandise, and provide regulations for keeping a record of the mark and brand of all stock or cattle butchered in said city, or sold for said purpose therein, and regulations for any butcher-pen kept or maintained therein. Market. SEC. 42. Be it further enacted, That the mayor and aldermen shall have power and authority to pass ordinances, regulations granting of license, or refuse to grant license to shows and circuses, theatrical companies or other shows or exhibitions performing or exhibiting in said city; to tax and license billiard and pool tables or other tables kept for gaming or playing of games of any kind, tenpin-alleys or games played with any other number of pins, throwing of knives, rings or other like games; any person or persons doing a brokerage business, or pawnbrokers in said city; or insurance companies or insurance agents, sewing-machine agents, book agents, peddlers or itinerant traders, hotels, boarding-houses, livery or other stables, drays, hacks or any other business, trade or profession carried on in said city of Ocilla, and they shall pass all ordinances necessary to carry into effect this section. Licenses and specific taxes. SEC. 43. Be it further enacted, That the mayor and aldermen of the city of Ocilla shall have power and authority to issue bonds of said city, not to exceed the sum of twenty thousand dollars in

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the aggregate, of such denomination or denominations, payable at such time or times not more than thirty years from the date of the issue thereof, as said mayor and aldermen shall determine, with such rate of interest not exceeding six per cent.; and have such covenants and conditions as the said mayor and aldermen shall deem best. Said bonds to be issued, sold and hypothecated for the purpose of, or purposes of, establishing, maintaining and operating a system of water-works, electric light system or other light system, constructing and furnishing school buildings, one or all, in and for said city; and that the amount or quantity of bonds to be issued for said purposes shall be issued, sold or hypothecated, and the proceeds derived therefrom shall be divided and appropriated for the several purposes herein stated in such a manner as said mayor and aldermen may deem best, but any such bonds shall state whether they are issued for one or more of said purposes. 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 aldermen 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-thirds vote of the qualified voters of said city under the Constitution and laws of this State and the provisions of this charter not in conflict with said Constitution and laws. Water-works and electric lights, bonds for. SEC. 44. Be it further enacted, That said mayor and aldermen shall each year elect three freeholders, residing in said city, as tax appraisers, who shall hold office one year unless removed by the mayor and aldermen. All vacancies in the board of tax appraisers shall be filled by said mayor and aldermen, who shall also fix the compensation of said appraisers, which shall not exceed twenty-five dollars each. Tax appraisers. SEC. 45. Be it further enacted, That it shall be the duty of every citizen of said city, or any other person owning property therein, to make annual returns under oath, to said board of tax appraisers, or to the city clerk, as the mayor and aldermen may direct, within the time prescribed by said mayor and aldermen, a full and complete schedule of all their taxable property held in their own right or in behalf of other persons as agents or representatives, for the purpose of taxation by said municipality. In case any person shall refuse or fail to make such returns, or shall make a return deemed by the board of tax appraisers incorrect, said board of tax appraisers shall assess the property of such person and fix the valuation of such property not returned, or incorrectly returned,

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as they may deem just and correct. Said board of tax appraisers shall assess and fix the true value of all property subject to taxation by said municipality for the purposes herein contemplated, whether such property is returned for taxation to said board or to the city clerk. The city clerk shall be clerk of the board of tax appraisers, and shall perform such duties as they may require of him, and a majority of said board shall constitute a quorum. Tax returns. SEC. 46. Be it further enacted, That the mayor and aldermen of the city of Ocilla shall have power and authority to establish, operate and maintain a system of water-works, electric lights or other 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 to afford a complete and sufficient supply of water for said city, and for conveying and distributing it in said city, and when it becomes necessary to take or use private property or private rights for the purposes herein stated and contemplated, said mayor and aldermen may, if they can not agree upon the price to be paid to the owner or owners for such privileges, then the said compensation or damages shall be assessed as provided in section 52 of this charter. Water-works and electric lights. SEC. 47. Be it further enacted, That the mayor and aldermen shall have power to make rules and regulations respecting the introduction of water in or upon all premises, and from time to time to regulate the use thereof in such manner as shall seem to them proper, and they and their employees or inspectors in their service are hereby authorized 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 power also to examine all service pipes, stop-cocks and other apparatus in connection with said water system, for the purpose of ascertaining whether the same are of the character and dimensions and fixed in the manner directed in the permit used therefor, and if any person or persons refuse to permit such examination, or oppose or obstruct such officer or employee in the performance of his duty, he, she or they so offending shall be liable to such damages and penalties as said mayor and aldermen may prescribe. Water pipes, etc. SEC. 48. Be it further enacted, That the mayor and aldermen 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 of both water and lights, and the time of payment, and require the same to be paid in advance for the use and rent of both water and lights furnished

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by them in or upon any building, place or premises, and in case prompt payments shall not be made, they may shut off either or both from such places, building or premises, and shall not be compelled to again supply such place, building or premises with water until all such arrears, with interest, shall be paid; and may erect such number of public hydrants and in such places as they shall see fit, and direct in what manner and for what purpose they shall be used, and all of which they may change at their discretion. Water and lights, charges for. SEC. 49. Be it further enacted, That if any person or persons shall maliciously or wilfully 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 mayor and aldermen, to be recovered in an action for damages treble the amount of damages which shall appear on the 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 laws of Georgia. Water pipes, etc., interference with. SEC. 50. Be it further enacted, That whenever it is deemed expedient or desirable by the mayor and aldermen of said city. they shall order an election to be held in said city for the purpose of determining whether any or all of said bonds as such order may require shall be issued, and shall give notice thereof for the space of thirty days next preceding the day of election, in the newspaper in which the sheriff's legal advertisements appear at that time 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 rate of interest they shall bear, when the interest is to be paid, 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 place for holding elections for mayor and aldermen, and shall be held by the same persons and in the same manner and under the same rules and regulations that elections for mayor and aldermen for said city are held; and the same qualifications of voters of said election shall be required as at the time of said election for mayor and aldermen; that the voting shall be by ballot and 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 votes

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cast at said election, said bonds shall not be issued, but if For Bonds shall receive said two-thirds vote, said bonds may be issued. Elections for bonds. SEC. 51. Be it further enacted, That it shall be the duty of said appraisers to scrutinize carefully each and every return made by any taxpayer to themselves or to the clerk of said city, and assess the true market value of all such property so returned, and complete said work not later than thirty days from the time of beginning and turn the tax digest, or the returns made to them by the taxpayers, over to the city clerk. Whenever the appraisers have raised the valuation at which the taxpayer has returned his or her property, said appraisers shall give such person written notice of their assessment, which notice may be served or given by an officer of said city or by mail five days before the expiration of the time for assessing property, or before the time expires for making said returns, and it shall be the taxpayers' privilege, if dissatisfied with the assessment so made, to appear before said board of tax appraisers, under rules and regulations to be prescribed by said appraisers, and show cause, if any he can, why said assessment should not stand, and in all cases the decision of such appraisers shall be final. Tax returns. SEC. 52. Be it further enacted, That the mayor and aldermen of said city of Ocilla shall have full power and authority to open and lay out new streets and alleys, to widen, straighten, close or otherwise change any of the streets and alleys of said city, and to regulate the width of sidewalks and prescribe rules for erecting awnings over streets and sidewalks, and the planting out, protection and growing of shade trees on all of said streets, alleys and sidewalks. Whenever, in the exercise of said powers, it shall be necessary to take private property, said mayor and aldermen may condemn the same as herein provided and make proper compensation to the owner or owners thereof, as provided in title 2, chapter 9, articles 1, 2, 3 and 4 of the Code of 1895 of Georgia. Streets, etc. SEC. 53. Be it further enacted, That in no case shall the corporation herein created be liable in damage to any person or persons for any unlawful or unauthorized arrests, or false imprisonment made or effected by the marshal or any of the policemen of said city. Officers, responsibility of. SEC. 54. Be it further enacted, That it shall be unlawful for any person or persons or corporation to keep or work any State or county convicts within the limits of said city on any private works, and the mayor and aldermen are authorized to prescribe penalties for the violation of this section and enforce the same

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against any such person or persons, or the manager or superintendent of any corporation or other such person having in charge such convicts for each day such convicts are kept or worked therein. Convict labor. SEC. 55. 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 any court of Irwin county having jurisdiction of the same, he shall be punished as prescribed in section 1039 of the Code of this State of 1895. Illegal voting. SEC. 56. 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 acquit or make such change in the original sentence or fine imposed on the appellant as they may see proper, with the right of certiorari before or after appeal. Appeal and Certiorari. SEC. 57. Be it further enacted, That the mayor and aldermen shall have the authority to appoint three citizens of said city, who are qualified voters thereof, as a board of registrars, whose duty it shall be to examine the registration books and to strike from the list of persons registered therein all who are disqualified to vote in the approaching election to be held for any purpose whatever in said city, and to have all such persons served with notice of the striking of their names from said registration book at least three days before the holding of said election, and if there is a protest made to such striking by any person the same shall be made to said board, and after hearing all the evidence and the grounds of protest so made, said board may reinstate such name or names so stricken or not as the facts may justify. The final decision of said board as to the qualification of any such voter registering shall be conclusive as to his or their qualifications and right to vote in said election. The notice herein provided for may be served by either member of said board or by the marshal of said city, and after said registration books shall have been purged as herein provided for the clerk of said city shall make, or cause to be made and delivered to the manager of each election, an accurate alphabetical list of all the qualified registered voters for that election. The managers of all elections herein provided for shall have the right to require any voter to make the oath contained in the registration book before allowing him to vote; provided, a challenge is made to such voter voting in said election by any citizen of said city. The clerk of said city shall give notice through a newspaper published therein, if one is so published, and also post such notice at the door of the council chamber at or before the

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time of opening the registration books, giving notice of the time of opening and closing of the same. Board of registrars. SEC. 58. Be it further enacted, That the mayor and aldermen of said city shall have full power and authority to make rules and regulations and pass all ordinances they may deem necessary, regulating and furnishing of electric lights in stores, residences and other places by the electric light plant of said city, and for the protection of the lamps and other fixtures and appurtenances of any electric light plant or system. They shall have the right and power to regulate the charges for the use of said lights as well as for the use of water from the water-works of the city. Lights. SEC. 59. Be it further enacted, That the mayor and aldermen shall have full power and authority to levy and collect annually an ad valorem tax in addition to that already provided for, not exceeding two and one-half mills or twenty-five cents on the hundred dollars, for the purposes of raising a revenue for the payment of the principal on all bonds issued by said city and to create a fund for the payment of all interest on the same. Ad valorem tax. SEC. 60. Be it further enacted, That all bonds issued by said city may be used by the mayor and aldermen thereof for the purpose of paying for said school buildings, water-works and light plant or system under contracts to be made by said mayor and aldermen; but if said mayor and aldermen shall at any time, or from time to time, prefer to sell said bonds, or any of them, then the same shall be sold only after advertising the same for thirty days in the official organ of Irwin county, and in such other newspaper or papers as to them may seem best. Said advertisement shall provide for sealed bids for such bonds as offered for sale, and at the expiration of the time so advertised, and on the day named and fixed, said bonds shall be sold to the highest and best bidder, with the right on the part of the mayor and aldermen to reject any or all bids; but under no circumstances shall any of said bonds be sold and delivered to any person or corporation except for cash. Bonds, sale of. SEC. 61. Be it further enacted, That when any fl. fa. shall issue as provided in the preceding provisions of this charter, and shall be levied, and the property levied on shall be claimed by a third person, such claimant shall interpose his claim thereto as now provided by law for claims under tax fl. fa. for the State and county tax; such claim to be returned to and heard in the Irwin county superior court. Claims. SEC. 62. Be it further enacted, That the mayor and aldermen

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of the city of Ocilla shall have power and authority to establish such quarantine regulations against persons who have been exposed to smallpox or yellow fever as it may deem proper, and establish a smallpox hospital or pest-house; and in case of smallpox or yellow fever within said city, to cause to be removed to said hospital or pest-house all persons afflicted with such diseases, 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 or yellow fever may be located. Quarantine. SEC. 63. Be it further enacted, That the mayor and aldermen of said city may at any time they see proper elect a recorder who shall act in the place of the mayor in presiding at the police courts, who shall have all of the power and authority of the mayor so far as trying offenders against the penal ordinances of said city and enforcing the penalties prescribed for the violation of the same. Said recorder to hold his office for such time as the mayor and aldermen may designate, not exceeding one year at a time, and to receive such compensation or fee as the mayor and aldermen may prescribe, and shall take and subscribe to such oath before entering upon the duties of his office as recorder as may be prescribed by the mayor and aldermen. In the absence or disqualification of such recorder, the mayor, or mayor pro tem., or any other aldermen of said city, may preside as the trial officer in said mayor's court, as provided for elsewhere in this charter. Recorder. SEC. 64. Be it further enacted, That said mayor and aldermen shall have power and authority to protect places of divine worship and cemeteries of said city; 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 a sufficient sum for the proper keeping of said cemetery or cemeteries; but white and colored people shall be buried in different cemeteries and not the same. Churches and cemeteries. SEC. 65. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1902.

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OCILLA, DISPENSARY FOR, ESTABLISHED. No. 168. An Act to establish, maintain and regulate a dispensary in the city of Ocilla, Irwin county, Georgia (now the town of Ocilla, in said county), for the sale of ardent spirits, malt liquors, wines, ciders and other intoxicants, and to establish a board of commissioners for the management of said dispensary; to authorize the mayor and aldermen to elect members of said board of commissioners and to fill all vacancies therein; to authorize the mayor and aldermen of said city to pass an ordinance to carry out the purposes of this Act; to provide suitable penalties for violations of any of its provisions; to authorize said board of commissioners to borrow money, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That as soon as practicable after the passage of this Act the mayor and aldermen of the city of Ocilla shall elect three citizens of said city who shall be known as a board of dispensary commissioners, who shall hold office for two years, or until their successors are elected and qualified, as hereinafter provided. Said mayor and aldermen shall elect the successors of said dispensary commissioners, and fill all vacancies therein caused by death, resignation or otherwise. Said dispensary commissioners are hereby constituted a body corporate in the name and style of dispensary commissioners of Ocilla, Georgia. Said commissioners shall organize immediately upon their election and qualification by electing from their body a chairman and a chairman pro tem., and a secretary and treasurer, who shall be a citizen of said city. Said commissioners shall have the power to sue and be sued, plead and be impleaded, in any court, either State or Federal; to have and use a corporate seal; to rent, lease or otherwise acquire any and all necessary buildings and other property for the successful operation of said dispensary, and to make all necessary rules and by-laws for the management of the same not in conflict with this Act, the laws of Georgia, or the ordinances of Ocilla, and to pledge the credit of said board in buying and maintaining a stock for said dispensary. Ocilla, dispensary for. Commissioners, election, etc. SEC. 2. Be it further enacted by the authority aforesaid, That said commissioners, before entering on their duties, shall take and subscribe to the following oath, which shall be administered

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by the mayor of said city and filed with the clerk of council: I solemnly swear that I will faithfully and honestly discharge all the duties imposed on me as a member of the board of commissioners of the dispensary in Ocilla by the Act creating board and the general law of the land; so help me God. Oath of commissioners. SEC. 3. Be it further enacted by the authority aforesaid, That said board of dispensary commissioners shall establish and maintain at some convenient place in said town of Ocilla, Georgia, a dispensary for the sale of ardent spirits, malt liquors, wines, ciders and other intoxicants. Immediately upon their qualification and organization said board shall appoint a man of good moral character and sober habits as manager of said dispensary, and he shall have charge and control of said dispensary under the supervision of said board. Said manager shall be employed for such time, not longer than one year, as said board may see proper, and shall be removable at any time by said board for neglect of his duty or violation of any law of this State or any of the provisions of this Act, and said board shall have authority to appoint a successor to said manager. Said manager, before entering on his duties, shall take and subscribe to the following oath, which shall be filed with said board and recorded on its minutes: I solemnly swear that I will faithfully and honestly perform and discharge all the duties required of me as manager of the dispensary in Ocilla, Georgia, according to the provisions of this Act, and all other laws required to be kept and observed by me as such manager, whether State or municipal; so help me God. And in addition to such oath said manager shall also give bond in such sum as shall be required by said board, with security conditioned that he will account for all goods, moneys or other property that shall come into his hands as such manager, and that he will faithfully perform all duties required of him as such manager by law, by this Act, or by the lawful regulations of said board of commissioners. He shall receive such compensation as manager as shall be fixed by the board, but in no event shall his compensation be contingent in any wise on the sales or profits of said dispensary. Dispensary, location stock and manager. SEC. 4. Be it further enacted by the authority aforesaid, That said manager shall buy and keep on hand in such dispensary, under the supervision of said commissioners, such ardent spirits, malt liquors, wines, ciders and other intoxicants as said board of commissioners may direct. All bills made in the operation of said dispensary shall be paid by the treasurer hereinafter

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provided for, after having been approved by a majority of said board. Said manager shall sell only for cash, and shall turn over all money received by him through the operation of said dispensary to the treasurer of said board at least once a week, taking his receipt for the same, to be filed by him as a voucher. Sales. SEC. 5. Be it further enacted by the authority aforesaid, That in addition to such rules and regulations as said board may enact, the following regulations for said dispensary and the management thereof are hereby created: none of the articles or liquors herein mentioned shall be sold except in sealed package, and any package broken shall instantly be resealed. Said dispensary shall not be opened before sunrise, and shall be closed by sunset each day, except such days as are prohibited by State laws; provided, the same may be opened at six o'clock a. m. from October 1st each year to April 1st following on lawful days. None of the articles or liquors herein mentioned shall be sold at any one time to any one person in greater quantities than four gallons, nor in less quantities than one-half pint, and none shall be drunk in the building nor on the premises where said dispensary is located. No person or persons shall congregate or loiter, or be allowed by the manager to congregate or loiter, in the building or on the premises where the dispensary shall be located; that the commissioners and the mayor and council shall have power to pass all lawful orders and ordinances to carry this Act into effect, and to provide penalties for a violation of the provisions thereof by the manager or other persons. Said manager shall be bound by the laws of this State regulating the sale of liquor, and all the regulations of said board of commissioners not in conflict with this Act and the laws of this State. Said commissioners may, when they see proper, have any or all of said articles or liquors tested and analyzed by competent authority. Dispensary regulations. SEC. 6. Be it further enacted by the authority aforesaid, That said dispensary shall be operated and maintained solely from the profits arising from the sale of said ardent spirits, malt liquors, wines, ciders and other intoxicants; provided, that to inaugurate said dispensary and purchase the first stock, said 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. Establishment and maintenance. SEC. 7. Be it further enacted by the authority aforesaid, That said manager shall make monthly reports to said board of commissioners, showing his receipts for the previous month and

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the amount of stock on hand at the time, and said board of commissioners shall make a quarterly report to the mayor and aldermen showing a full financial statement, purchases, receipts and disbursements, with remittance of cash and stock on hand. The manager's books and files shall at all times be opened to the inspection of said commissioners, and the books of the secretary and treasurer shall at all times be opened to the inspection of the mayor and aldermen of Ocilla. Reports of manager SEC. 8. Be it further enacted by the authority aforesaid, That the proceeds of said dispensary shall be appropriated first to the payment of such liabilities as shall be incurred in its operation. The remainder shall be promptly paid over quarterly by said dispensary commissioners to said mayor and aldermen of Ocilla, Georgia, as a general fund to be appropriated as the mayor and aldermen see proper. Profits. SEC. 9. Be it further enacted by the authority aforesaid, That said commissioners shall receive a salary of $25.00 each per annum for their services. The compensation of the secretary and treasurer of said board shall be fixed by the board of commissioners. The chairman of the commissioners shall be the custodian of all bonds of the officers and employees of said dispensary. Salaries. SEC. 10. Be it further enacted by the authority aforesaid, That said board of commissioners shall have full power and authority at any time to suspend or discontinue said dispensary by closing out all stock on hand if the same proves not self-sustaining. Discontinuance. SEC. 11. Be it hereby enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902.

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PINEVIEW, TOWN OF, INCORPORATED. No. 78. An Act to incorporate the town of Pineview in the county of Wilcox, State of Georgia, to define the corporate limits thereof, to provide a municipal government for said town, to confer certain powers and privileges on the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the town of Pineview, in Wilcox county, be, and the same is, hereby incorporated as a town under and by the name of the town of Pineview. Pineview, town of, incorporated. SEC. 2. Be it further enacted that the corporate limits of said town shall be one mile square, the depot of the H. F. S. R. R. Co. in said town to be the center of said incorporated limits, said measurement of said incorporated limits to commence at said depot and measure one-half mile east, one-half mile west, one-half mile north and one-half mile south, then each one of these points one-half mile from depot to be connected by straight line forming a square one mile in size, making the corporate limits one mile square. 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 Pineview 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 error, equity in this State; to plead and be impleaded and do all other acts relating to their corporate capacity, and shall be in law capable to purchase, hold, receive, enjoy, and possess, to retain to them and their successors, for the sole use and benefit of said town of Pineview, 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 same in any way whatever. Mayor and aldermen. SEC. 4. Be it further enacted by the authority aforesaid, That on the third Wednesday in December, 1902, and annually thereafter on same day, an election shall be held in said town for said mayor and five aldermen, who shall hold their offices for one year and until their successors are elected and qualified, and in these officers the corporate powers of said town shall vest. At any such election any justice of the peace of the county and two freeholder residents of said town, or in the absence of a justice of the peace any three

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freeholder residents of said town and who are not candidates, may act as managers of said election, and shall conduct the same as nearly as practicable in accordance with the election laws of this State. Such managers shall give certificates of election to the persons receiving the highest number of votes for their respective offices, which certificate shall be held as the highest evidence of the election of such officers. Elections. SEC. 5. Be it further enacted by the authority aforesaid, That the qualified voters of said town shall be all such persons as are qualified to vote for members of the General Assembly for said county and who shall have worked upon the streets of said town the number of days they have been required to do during the year in which election may be held, or have paid commutation taxes in lieu thereof according to the laws and ordinances of said town, and all town tax, and who have been bona fide residents in said town thirty days previous to the election whereat they shall offer to vote, and any person who is entitled to vote is qualified to hold office under this charter. Electors. SEC. 6. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall, before entering upon the duties of their respective offices, subscribe to the following oath, which may be administered by any person in this State authorized to administer oaths, as follows: I do solemnly swear, or affirm, that I will faithfully discharge all the duties incumbent upon me as mayor (or alderman) of the town of Pineview, according to the best of my ability; so help me God. Official oath. SEC. 7. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power and authority to elect such marshals, clerks and other subordinate officers as may be deemed necessary for carrying on the powers herein granted, and to prescribe the duties and compensation of such officers and require of them such bonds as they may deem necessary. Said mayor and aldermen shall also have authority and power to fix and regulate by ordinance the compensation of themselves, which shall not be increased during their term of office. Officers. SEC. 8. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power and authority to make and pass all ordinances, by-laws, rules and regulations that may seem necessary for the good government, peace, order and health of said town and for the enforcement of all powers herein granted, provided they are not repugnant to the Constitution and laws of the State of Georgia or the United States. General welfare. SEC. 9. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power to levy a tax, not to

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exceed one-half of one per cent., on all property, real or personal, subject to State tax, within the corporate limits of said town. They shall also have power and authority to require all persons subject to road duty under the laws of this State to work on the streets, alleys and sidewalks of said town, but they may receive in lieu of said work such commutation fees as said mayor and aldermen shall prescribe. Ad valorem tax. Street duty and commutation tax. SEC. 10. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power and authority to require, on such terms as they may impose, a license as a condition precedent to opening and carrying on all kinds of business carried on within the limits of said corporation, also on all show-exhibitions or performances, on all billiards, pools and other tables for playing at games, and all establishments of like character in said town for amusement or gain; and to make it an offeuse against the laws of said town to engage in any business without having first taken out such license. Licenses. SEC. 11. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power and authority to grant license to persons or copartnership for the sale of spirituous, malt and intoxicating liquors, and power and authority to provide by ordinance that such person or partnership shall obtain a license from said town before engaging in the sale of any such liquors, and to make it an offense against the ordinance to sell any such without first obtaining such license. They shall have power to regulate the hours of sale and the manner thereof in every way, and to tax barrooms and all places where all intoxicants are sold or kept for sale; provided, they do not tax or assess each such place more than fifteen hundred dollars or less than six hundred dollars per annum. Said amount shall be paid into the treasury before any license can be issued. One-third of said amount so received shall be paid over by the treasurer of the said town to the board of trustees of the public schools in said town, to be used by them in paying the expenses of running said schools located in said town. The other two-thirds so received shall be used in defraying the expenses of the municipal government of said town. Liquor, etc, sale of. SEC. 12. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have the power and authority to provide for the arrest, trial and punishment of offenders against ordinances, by-laws, rules or regulations of said town by fine or imprisonment or work on streets of said town; provided, they shall not exceed one hundred dollars, and such imprisonment not to exceed thirty days. Arrests, etc. of offenders. SEC. 13. Be it further enacted by the authority aforesaid, That

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there shall be in said town a police court for the punishment of all violations of the ordinances of the said town, over which the mayor shall preside, and in his absence or disqualification any alderman of said town shall preside. Police court. SEC. 14. Be it further enacted by the authority aforesaid, That from any judgment, order or decision of the mayor presiding in said court there may be an appeal before the board of aldermen, who shall, upon such reasonable rules as may be imposed by ordinance, hear de noro and determine the case. Appeals. SEC. 15. Be it further enacted by the authority aforesaid, That the municipal authorities of said town shall have power to pass any and all ordinances, rules and regulations for the full and complete exercise of the powers herein granted, and for the good government, peace, health, comfort and betterment of said town. General powers. SEC. 16. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power and authority to elect a mayor pro tem. who shall perform all the duties of the mayor when for any cause he cannot be present to execute the duties of his office; also to fill any vacancy that may occur in the office of mayor or alderman, or any subordinate officers of said town. Mayor pro tem. SEC. 17. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power to lay out, open and abolish streets and alleys in said town, extend and change the same as the public interests may require, by paying the owner just compensation for the property taken for such purpose. Streets, etc. SEC. 18. Be it further enacted by the authority aforesaid, That mayor and aldermen shall have power to provide by ordinances for the collection of all taxes, money and fines due said town by execution to be issued by the mayor and levied by the marshal thereof. Taxes, etc., collection of. SEC. 19. Be it further enacted by the authority aforesaid, That said mayor and said mayor pro tem. shall be ex officio justice of the peace in criminal matters, and shall have full power and authority to issue warrants for any offense committed within the corporate limits of said town, and shall have power to compel the attendance of witnesses, to examine them under oath, to admit any defendant to bail or commit him or her to jail for the violation of the laws of the State and to admit to bail or commit to guard-house for the violation of any of the ordinances of the said town. Mayor ex officio a justice of the peace. SEC. 20. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power and authority to license and tax all shows, tenpin alleys, billiards and pool tables, and other like devices, and all contrivances used for the purpose of

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gaming or carrying on any game of chance by selling cards, tickets or numbers, or by using any other article or contrivances for the purposes of gain. Specific taxes. SEC. 21. Be it further enacted by the authority aforesaid, That the mayor of said town, and in his absence the mayor pro tem., shall be chief executive officer. He shall see that the ordinances, by-laws, rules and regulations of the council are faithfully executed; he shall have control of the police of the said town and may appoint special police whenever he may deem it necessary; he shall have power to issue executions for fines, penalties and costs imposed by him. Mayor pro tem. 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. Approved December 10, 1902. RICHLAND, TOWN OF, NEW CHARTER FOR. No. 193. An Act to create a new charter for the town of Richland, in Stewart county; to consolidate and amend the several Acts relating to the rights and powers of said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the town of Richland in the county of Stewart, be, and the same is, hereby incorporated as a town under the name of the town of Richland. Richland, town of. incorporated. SEC. 2. Be it further enacted, That the municipal government of said town of Richland 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 Richland, 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 the State, plead and be impleaded, and do all other acts relating to their corporate capacity, and shall be capable in law to purchase, hold, receive, enjoy and possess, to retain to them and their successors, for the sole use and benefit of said town of Richland in perpetuity or term of years, any estate, real or personal, within the limits of said town, and to sell, exchange or lease or rent the same in any way whatever. Mayor and aldermen. SEC. 3. Be it further enacted, That the corporate limits of said

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town shall be a circle 1320 yards from the center point, where the railroad leading through said town from Columbus intersects with the railroad leading through said town to Americus. Corporate limits. SEC. 4. Be it further enacted, That the corporate powers of said town shall vest in said mayor and aldermen, who shall be elected on the second Saturday in December of each year, but if the time of said election shall have passed before the passage of this Act, then the first election under this Act shall take place within sixty days after the passage thereof. Said mayor shall hold office for a term of two years. Three of said aldermen shall hold their office for two years, the other two for one year, the long term aldermen to be decided by ballot. Annually thereafter there shall be an election to fill the places of those whose terms expire; their successors shall, after the first election under this Act, be elected for two years. That said election shall be held by a justice of the peace of the town district and two freeholders resident in said town; or in the event of the failure or refusal of such justice of the peace from any cause to act as such superintendent of election, then by three freeholders of said town; said freeholders in either case to be appointed by the mayor of said town as superintendents of election; said superintendents to take an oath for the due performance of their duties as such; to have the powers incident to superintendents of elections; to administer oaths to voters as to their qualifications to vote. They shall keep a numbered list of those voting and shall place on each ballot a number corresponding to that opposite the voter's name. At the close of such election they shall count the ballots, keeping two tally-sheets of the same, shall duly declare the result of the election, and shall issue certificates of election under their official signatures to the persons receiving the highest number of votes polled. They shall then place in a sealed package all ballots, together with a list of those voting and one tally-sheet, which list and tally-sheet shall be duly certified by said superintendents to be correct; they shall deposit such sealed package and also the remaining tally-sheet, duly certified, with the clerk and treasurer of said town, to be by him safely kept. Said sealed package shall not be opened, except in case of contest, but shall at the expiration of two months (in case there is no contest) be by him destroyed without examination. Said superintendents of election shall be paid as compensation for holding said election one dollar each, by the clerk and treasurer upon the certificates of the mayor of the town as to their service, until the municipal authorities shall otherwise regulate the compensation for holding such elections. The mayor shall within ten days qualify by taking an oath to well and truly perform the duties of his office before an officer authorized

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by the laws of this State to administer an oath; and the mayor, after his qualification and at the first regular meeting of the board of aldermen thereafter, shall administer similar oaths to the newly elected aldermen; and the oaths of the mayor and aldermen shall be entered upon the minutes of the board. In the event of a failure to hold said election at the time herein designated, it shall at once be the duty of the mayor, or of the mayor pro tem. to call an election, giving at least ten days' notice of the time of holding said election by posting notices in three public places in said town. No person shall be qualified to hold the office of mayor or aldermen who is not qualified to vote at the election. Mayor and aldermen, elections and terms of office. SEC. 5. That in the event the office of mayor or of any one or more of the board of aldermen shall become vacant by death, resignation, removal or otherwise, the same shall be filled until the next annual election by a person or persons elected by ballot by the board of aldermen at a regular meeting of said board, and such persons so elected shall hold their offices until their successors are duly elected and qualified. Vacancies SEC. 6. That all persons qualified to vote for members of the General Assembly, and who shall have paid all taxes imposed and demanded by said town, and shall have resided within its corporate limits for six months prior to any election, shall be qualified to vote at said election. Electors. SEC. 7. That the clerk and treasurer, or such person as shall be designated by the board of aldermen, shall open a list for the registration of voters at least thirty days prior to any municipal election held for any purpose in said town, which list shall be kept open each and every day (Sundays excepted) during such hours as shall be prescribed by said board, until four days (Sundays excepted) preceding the election, when it shall be finally and absolutely closed. During said time it shall be the duty of such registration officer, upon the application of any person, in person or in writing, who will be entitled to vote at said election, to register the name of such person, expressing in such registry his age, occupation or business and the place of his residence. The registration officer may in any case require the applicant to appear before him and take the following oath, to wit: You do solemnly swear that you are a citizen of the United States of America; that you will have resided in the State of Georgia one year immediately preceding this election, and within the corporate limits of the town of Richland six months preceding the election; that it is your intention to remain a resident of said town continually until the day of election; that you are twenty-one years of age, or will be by the day of election; that you have paid all taxes due the town of Richland;

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that you have made all returns required by the ordinances of said town; and that you will be qualified to vote for members of the General Assembly by the day of election; so help you God. That it shall be the duty of the registration officer to arrange the names registered in alphabetical order, and to post one copy of such list, for two days at least, preceding each election, at the door of the court-house of said town, and one copy at some other public place. It shall be the duty of such officer to furnish to the superintendents of election a complete list duly certified of all names arranged in alphabetical order which shall have been registered under the foregoing provisions. This list shall be kept before said superintendents during said election, and no person shall be entitled to vote who, in addition to the qualifications stated in the preceding section, has not registered as herein provided. When the election is over such lists shall be deposited in the office of the clerk and treasurer, to be by him safely kept; provided, however, that none of the provisions of this section relating to registration shall become operative until they shall have been adopted at a regular meeting of the board of aldermen of said town. In the event it shall be necessary to call a special election of officers as prescribed in the preceding section, only those persons shall be entitled to vote therein who were properly registered in time to vote at the regular election therein provided for. Registration of voters. SEC. 8. That any person not qualified to vote who shall vote or attempt to vote in any election in said town, or in the event of the adoption of the provisions of section 7 of this Act, any such person who shall register prior to said election, shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 1039 of the Penal Code. Illegal voting. SEC. 9. That three of the aldermen shall constitute a quorum of the board of aldermen. The mayor shall preside over the meetings of said board and shall vote only in case of a tie, in which case he shall cast the deciding vote. He shall be the chief executive officer of the town; shall take care that the by-laws, orders, resolutions, rules, ordinances, regulations and acts of the board are faithfully executed; he shall have ex officio the powers and duties of a justice of the peace within said town, except that he shall have no jurisdiction as such in civil cases; he shall have control of the marshal and his deputies, and of all special officers appointed by said board for any purpose, and he shall appoint special police upon any special occasion when the exigencies of the case may require; he may cause the arrest and detention of all riotous and disorderly persons in said town before issuing his warrant therefor. Mayor, executive powers of. SEC. 10. That at the first regular meeting of the board of aldermen

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after the newly elected members have been duly qualified, said board shall elect one of their number as mayor pro tem. and he shall have all the powers and duties of the mayor, in the absence or disqualification of said mayor, as presiding officer of the board, as ex officio justice of the peace, as chief executive officer of the town, and in the trial of offenses and the enforcement of fines or penalties for the violation of the ordinances of said town. The term of office of said mayor pro tem. as such shall be for one year. Should said board fail to elect a mayor pro tem. at the time above indicated, then such election shall take place as early thereafter as practicable. In the absence or disqualification of both the mayor and the mayor pro tem. the board of aldermen shall select one of their number in their stead, and he shall have all the powers and duties of the mayor and mayor pro tem. during such absence or disqualification. Mayor pro tem. SEC. 11. That the board of aldermen shall elect a clerk and treasurer of said town, either from their own body or from the citizens of the town. Such officer shall be elected at the same time and in the same manner as the mayor pro tem., and his term of office shall be for one year and until his successor shall have been elected and qualified. He may be removed by the board for inefficiency, neglect of duty or other cause, in their discretion. He shall keep the minutes of the board of aldermen in well bound books, and shall preserve them and all other records entrusted to him: he shall receive tax returns; collect all municipal taxes the collection of which is not otherwise herein provided for; issue all licenses and collect all license fees and other money due the said town, street tax excepted; shall receive all moneys due said town; shall issue executions against all defaulters for taxes, said executions being directed to the marshal of said town and his deputies; he shall be the custodian of the funds of said town, and shall do and perform all such other duties as may be imposed upon him by the board of aldermen. He shall have authority to appoint some fit and proper person as his deputy, to whom he may delegate all powers conferred upon him, and for whose acts he and his bondsmen shall be liable as though done by himself. Such clerk and treasurer shall, when elected, enter into a bond with sufficient sureties to be approved by the mayor, in such penalties as the board of aldermen shall prescribe, payable to the mayor of the town of Richland, conditioned faithfully to collect and pay over and account for all taxes and other income of said town, from whatsoever source derived, to perform the duties herein prescribed, and such other duties as may be imposed upon him by the board. Clerk and treasurer. SEC. 12. That the board of aldermen shall elect a marshal of

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said town at the same time and in the same manner as the mayor pro tem. is elected, and his term of office shall be for one year and until his successor is duly elected and qualified. He may be required to give such bond, with sufficient sureties, to be approved by the mayor, as the board of aldermen may prescribe. He may be removed from office by the board at any time for insufficiency, neglect of duty, or other cause, in their discretion. Said board may also appoint one or more deputy marshals to assist said marshal in the discharge of his duties, such deputies to hold office for such time and upon such terms as the board shall prescribe. Said marshal and his deputies shall arrest any person violating any of the penal ordinances, by-laws; rules, or regulations of said town, and place such persons in the guard-house of said town or in the common jail of the county of Stewart, subject to trial by the mayor's court; shall have full power to arrest all persons violating any of the penal laws of this State, and place such persons so arrested in said guard-house or jail, subject to trial before the mayor's court or any committing officer of said State. They shall execute and enforce the ordinances, by-laws, rules and regulations of said town as may be directed therein; they shall levy and execute all processes issued from the mayor's court, and all executions for municipal taxes, and shall advertise for sale and sell all property levied upon thereunder, in the same manner as the sheriff of said county is required to advertise and sell property levied upon under executions for State and county taxes, except that the notice and sale shall be at the court-house in the town of Richland; shall have charge of the working of the streets and of road hands and of work-gangs, and shall perform all other duties imposed upon them by the board. The marshal shall collect all fines imposed by the mayor's court, and all street taxes, and perform all other such service as may be specially required of him by the board. Marshal. SEC. 13. That the mayor and other officers of said town shall receive such compensation as the board of aldermen shall prescribe. Salaries. SEC. 14. That the mayor of said town, or in his absence or disqualification, the mayor pro tem., or in the absence or disqualification of both of these officers, any one of the aldermen elected as prescribed in section 10 of this charter, shall hold a mayor's court for the trial of all persons charged with violating any of the ordinances, orders, by-laws, rules or regulations of the said town; and on conviction shall punish such offenders by fine not to exceed one hundred dollars, or imprisonment in the guard-house of said town or in the common jail of Stewart county not to exceed thirty days, or by compelling them to work upon the public streets of said town for not more than thirty days; and any one or more

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of such punishments may be ordered in the discretion of the court, and the offenders shall also be liable for the costs of court. Said court shall have full power to punish by fine, imprisonment, or work on the streets, persons guilty of contempt of said court, said fine in no case to exceed twenty-five dollars and said imprisonment or work not to exceed ten days. Said court shall have full power and authority to issue executions, directed to the marshal and his deputies, for the enforcement of any and all fines imposed, and for the collection of all costs; to provide for the enforcement of all of its sentences; to imprison in the guard-house of said town or common jail of Stewart county any and all persons who may be convicted of offenses under this Act, or the ordinances and regulations passed in pursuance thereof, when the penalty is imprisonment, and to imprison in said guard-house or jail any and all persons guilty of such offenses, where the penalty is fine, until such fine and costs are paid or otherwise discharged according to law; and the jailer of said county is required to receive and confine in the said jail all persons committed thereto by said court, and on his refusal to do so he shall be subject to be punished as for a contempt of said court. The presiding officer of said court shall assess and fix the amount of bail of any and all persons brought before him for examination or trial, or arrested for the violation of any municipal ordinance, order, by-law, rule or regulation, and where the offense charged is the violation of a municipal law the marshal shall take a bond in the amount so fixed, payable to the mayor of the said town, said bond and its sureties to be approved by said presiding officer; or in lieu thereof the marshal may take a cash deposit of said amount. Mayor's court. SEC. 15. That where executions are issued for municipal taxes, license or other fees, the cost shall be the same as in case of executions for State and county taxes, and the costs of the marshal shall be the same as those of the sheriff for all services performed by him in the collection of executions for State and county taxes; in all cases before the mayor's court the costs shall be the same as those prescribed by law in trials before a committing magistrate, unless otherwise prescribed by ordinance. Fees of officers. SEC. 16. The board of alderman shall have power and authority to assess, levy and collect annual ad valorem taxes upon all property, real and personal, within the corporate limits of said town; to prescribe rules and regulations for the same and penalties for non-compliance therewith; to fix the time for making tax returns and for paying taxes, notice of which time so fixed shall be given at least four weeks prior to the date so fixed, by posting notices thereof in three public places in said town. Said tax shall not exceed one-half of one per cent. upon the value of said property

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for the ordinary current expenses of said town; not more than one-half of one per cent. for educational purposes; not more than one-half of one per cent. for street and paving purposes; and not more than one-half of one per cent. for the payment of the principal and interest of the public debt. If an additional fund is required by said town for internal improvement not herein provided for, or if the amount realized by the levy of one-half of one per cent. shall be insufficient to defray the ordinary current expenses of said town, an additional tax may be levied for these purposes when the same shall be authorized by a vote of two-thirds of the legal voters of said town who are qualified to vote at an election held for that purpose. The municipal authorities shall cause separate accounts to be kept of all amounts collected and disbursed for each different purpose, and each amount shall be applied exclusively to the purpose for which it was collected; provided, that the provisions of this section shall not be construed to limit the right of the board of aldermen to assess, levy and collect taxes already authorized for the payment of the principal and interest of the bonds which have been issued for the purpose of constructing and maintaining the present system of public schools and buildings of said town. Ad valorem tax. SEC. 17. That the board of aldermen shall have power and authority to levy and collect taxes on all professions, trades, business occupations, theatrical exhibitions, shows or other performances exhibited or performed within the town; on all peddlers, vendors of medicines, itinerant traders, salesmen or soliciting agents, hotels, boarding-houses, livery stables and transportation companies; and on all bowling-alleys, skating-rinks, pool or billiard tables, and all other games kept or played within the corporate limits of said town; to grant license for the same and to regulate them by ordinance. Said board shall have full power and authority to regulate and control the sale of spirituous, vinous, malt or other intoxicating liquors by wholesale or retail, within said town; to grant license to dealers in such liquors and revoke or modify the same; and to assess, levy and collect a tax on such dealers, provided, that they conform in all cases to the local option laws. The time, place and manner of making tax returns, paying taxes and for securing licenses shall be prescribed by the board of aldermen. The tax returns shall be made to the clerk and treasurer and the taxes paid to him. All licenses granted by the board of aldermen shall be issued and signed by the clerk and treasurer, to whom the license fees shall be paid. For the purpose of collecting all license fees and taxes, the manner of collecting which is not otherwise provided for in this charter, the clerk and treasurer, where such

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fees and taxes are not paid within the time fixed by the board of aldermen, shall issue executions against the delinquents, directed to the marshal and his deputies, for such fees and taxes and for costs, and it shall be the duty of the marshal to enforce the collection of the same by levy, advertisement and sale as heretofore provided in section 12 of this charter. The board of aldermen shall have power and authority to impose penalties by the ordinance on all persons who may carry on any profession, trade, business, occupation, performance or game without paying the tax or securing the license as may be prescribed. Specific taxes. SEC. 18. That said corporation shall have and enjoy all the rights, powers and privileges incident to such corporations and not repugnant to the Constitution and laws of the United States or of this State. Rights and powers. SEC. 19. That the board of aldermen shall have power to compel all persons liable to road duty by the laws of this State, who are residents of said town, to work on the streets of said town the same number of days that the laws of said State prescribe for road hands on the public roads of said county, or in lieu of working thereon to pay to the marshal of said town an equivalent for said work in money, the amount to be prescribed by ordinance. Said hands shall be allowed to choose between working said streets under the direction of the marshal or paying the amount prescribed by said ordinance, the hands to be warned or notified by the marshal at least three days previous to the day of working, which notice shall state such day, the number of days to work and the amount prescribed by ordinance to be paid in lieu of work; and if any hand who has been so notified shall fail to work said streets, and has not before the day of commencing said work, paid the equivalent in money, he shall be subject to such penalty as may be prescribed by the board of aldermen. All amounts so collected as street tax shall be applied by the board of aldermen to the working and improvement of the streets of said town. Street duty or commutation tax. SEC. 20. That the board of aldermen shall have power and authority to establish quarantine regulations against all persons who have been exposed to smallpox, yellow fever, or any other contagious or infectious disease, or against infected locality; to enforce and make effective such regulations; to establish a pesthouse or camp of detention, within or without said town, and to cause the removal thereto and detention therein of all persons afflicted with such diseases or who have been in infected localities or exposed to such diseases. Said board shall have power in its discretion to allow such persons to remain on premises provided by themselves, where such persons, at their own expense, provide

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suitable and sufficient guards to successfully quarantine such premises. Said board shall have power to require all persons within said town, whether resident or transient, to be vaccinated whenever in the opinion of said board the same shall be advisable. It shall have full power to enforce such regulations and to provide penalties for their violation. If the pest-house or camp of detention is located beyond the corporate limits of said town, the town authorities shall have the same jurisdiction and power over it, so long as it is used for these purposes, as if it were within the corporate limits. Said board of aldermen shall have authority to appoint a board of health and such other health officers as may be necessary to carry out and enforce the above regulations, and all such other sanitary or health regulations as may be prescribed by the board of aldermen; the powers, duties and compensation of such officers to be prescribed by the board of aldermen. Quarantine. SEC. 21. That the board of aldermen shall have full power and authority to purchase, construct, own, maintain and operate for the benefit of said town a system of gas-works, water-works and electric lights and power; and to purchase and hold at such places as may be selected, within or beyond the corporate limits, all lands, water-rights or other property real or personal, which may be necessary or useful in the establishment or operation thereof; or to condemn the same under the provisions of section 4657 et seq. of the Civil Code. Said board shall have the full power to contract with all persons and corporations, including municipal corporations, for the use of water, gas or electric lights or power within or beyond the corporate limits of the town, and to make all rules and regulations which may be necessary; to fix the price of all water, gas or electricity so used, and to collect the same. For the price of all water, gas or electricity used, the said town shall have a lien on the property upon which the same may be used, said lien to be of the same dignity as the tax liens of said town and to be enforced in the same manner. Said town shall have police authority upon and around any and all property so used and occupied by said plants, including mains, pipes and wires. Any person maliciously injuring or interfering with said property shall be guilty of a misdemeanor, and shall be punished on conviction as prescribed in section 1039 of the Penal Code. Gas-works, water-works and electric lights. SEC. 22. That the board of aldermen shall have the power and authority to establish and fix a system of grading and draining the streets of said town, and shall have power and authority to compel owners of property to construct and keep in repair

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the sidewalks in their front in accordance with said system. If any owner shall fail to comply with the requirements of the board in this regard, the work shall be done under the direction of said board or one of its officers; and execution shall issue for the expense thereof, and costs against such owner to be collected as tax executions. The board shall have power and authority to establish and maintain a system of sanitary sewerage in said town and to compel all owners to connect therewith; and may purchase or condemn any property, within or beyond the corporate limits of the town, for such work. The expense of putting in sewer mains may be paid by said town or may be assessed in just proportion by the board upon the owners of all lots, vacant or occupied, which are in position to be benefited thereby; and said board shall have the power to issue execution for such assessments and collect the same in the manner provided for issuing and collecting tax executions. Streets, etc. Sewers. SEC. 23. That the board of aldermen shall have power and authority to require all persons imprisoned or sentenced to work upon the streets for the violation of any of the ordinances, bylaws, resolutions, rules or regulations of said town, or for contempt of the mayor's court, to do such work in and about the streets of said town, or in and about the the water-works, gas or electric plants, as may be directed by the marshal under orders of the board, and for this purpose one or more work-gangs may be organized; provided, that such persons as are doing regular street work in said town shall not be required to work with said work-gangs. Work-gangs. SEC. 24. That the board of aldermen shall have power and authority in said town to lay off, vacate, open, close, alter, curb, pave and keep in good order and repair, public parks, roads, streets, alleys, sidewalks, cross-walks, drains and gutters, and to improve and light the same and have them kept free from obstruction on or over them; to regulate the width of sidewalks, foot-ways, cross-walks, drains and gutters to be curbed, paved and kept in good order, free and clean by the owner and occupants thereof, or of the real property adjacent thereto; to grant easements and encroachments upon said streets; to establish and regulate market and prescribe the time of holding the same; to prevent injury or annoyance to the public or to individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle, horses, sheep, dogs and other animals and all fowls from going at large in said town; to protect places of divine worship in and about the places where held; to abate or cause to be abated anything which in the opinion of a majority of the whole

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board shall be a nuisance; to regulate the keeping of gunpowder and other combustibles; to provide in or near said town places for the burial of the dead, to own cemeteries, and to regulate interments; to provide for the regular building of houses or other structures; to condemn such structures as are dangerous, and to require their removal; to establish fire limits and to regulate the material and manner of constructing buildings therein; to make regulations for guarding against danger or damage by fire; to organize, regulate and maintain a fire department for said town; to protect the property and persons of all citizens of said town, and to preserve peace and good order therein; to authorize or prohibit the erection of water-works, gas-works or electric plants in said town, the construction and operation of street-car lines or telephone systems, or other public utility; to grant franchises for the same, on such terms as the board may deem best; to prevent injury to or interference with such public utility; to prevent pollution of the water of the town; to prevent any act or occupation which might injuriously affect the business or healthfulness of said town or any of its citizens; to regulate and provide for the weighing of coal or other articles sold or for sale in said town; to provide a revenue for the town and appropriate the same for its expenses; to provide for the annual assessment of the taxable property therein; to adopt rules for the regulation and government of its own body; and to enact all ordinances, by-laws, resolutions, rules and regulations for the purpose of carrying into effect the above named powers, and all other ordinances, by-laws, resolutions, rules and regulations that may be necessary or proper for the good order, peace, welfare, health, morals, interest, security or improvement of the town or of its citizens; and full authority to prescribe, impose and enact reasonable fines, improvements and penalties for their violation. Public improvements and police powers. SEC. 25. All ordinances, by-laws, resolutions, rules and regulations in force at the time of the adoption of this Act and not repugnant to its provisions shall be and continue of full force and effect until altered, modified or repealed by the board of aldermen; nor shall the provisions of this Act be construed to alter, change or abrogate rights or liabilities accrued under former charters, except in so far as is expressly herein provided. Existing laws. SEC. 26. All laws and parts of laws conflicting with this law and charter are hereby repealed. Approved December 18, 1902.

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ROME, LIMITS OF MYRTLE HILL CEMETERY EXTENDED. No. 9. An Act to amend the several Acts incorporating the city of Rome, and to amend the Act repealing the charter of South Rome, approved October 24, 1889, so as to permit the said city to extend the limits of Myrtle Hill Cemetery, on its southern side, to South Broad and Cemetery streets; to give power to condemn property necessary therefor, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the city of Rome shall have power to extend the limits of Myrtle Hill Cemetery, on its southern side, to South Broad and Cemetery streets, whenever, in the discretion of the mayor and council of said city, it shall be deemed best to so extend said limits, and the said mayor and council shall have authority to extend the same to all or any portion of the land lying between the southern side of Myrtle Hill Cemetery and said South Broad and Cemetery streets. Rome, Myrtle Hill Cemetery. SEC. 2. Said city of Rome shall have authority to acquire, for the purposes stated in the first section of this Act, the land lying between the southern side of Myrtle Hill Cemetery and South Broad street, or any portion thereof. Said city may acquire said land, or any portion thereof, by gift, purchase or condemnation. If it shall be necessary to condemn the land wished to be acquired, the proceedings for condemnation shall be as set forth in sections 4657 and 4686, inclusive, of the Code of Georgia of 1895, and the general Acts amendatory of said sections. Land for extension. SEC. 3. Be it further enacted, That so much of section 9 of the Act repealing the charter of the town of South Rome, approved October 24, 1889, as affects the extension of the limits of said cemetery, stated in this Act, be, and the same is, hereby repealed. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved November 25, 1902.

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ROME, CHARTER AMENDED. No. 27. An Act to amend an Act to consolidate, amend and codify the various Acts incorporating the city of Rome, in the county of Floyd, and the various Acts amendatory thereof, and to define the duties of the mayor and council and other officers of said city, approved September 25, 1883, so as to strike from section 4 of said Act the words referring to the mayor, to wit: that he shall be ineligible for the succeeding term, and to strike from the thirteenth section of said Act the words referring to the councilmen, to wit: that they shall be ineligible for the succeeding term, 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 4 of an Act approved September 25, 1883, to consolidate, amend and codify the various Acts incorporating the city of Rome, in the county of Floyd, and the various Acts amendatory thereto, and to define the duties of the mayor and council and other officers of said city, be, and is, hereby hereby amended by striking from section 4 of said Act the words which refer to the mayor of said city, to wit: that he shall be ineligible for the succeeding term. Rome, charter amended. SEC. 2. Be it further enacted, That said Act approved September 25, 1883, be further amended by striking from section 13 of said Act the words which refer to the councilmen of said city, to wit: they shall be ineligible for the succeeding term. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 5, 1902.

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RUSSELL, CITY OF, INCORPORATED. No. 194. An Act to incorporate the city of Russell, in the counties of Jackson and Walton, define its limits, confer upon it certain powers and privileges, to authorize the mayor and council of said city to issue bonds for the establishment of public schools. 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 inhabitants of the territory hereinafter described in section 2 of this Act be, and they are, hereby incorporated and made a body corporate and politic under the name and style of the city of Russell; and the the municipal government of the city of Russell and its corporate powers shall be vested in a mayor and council who are hereby created a body corporate and politic under the name and style of the mayor and council of Russell, and by that name shall have perpetual succession, and have power and authority to make, ordain and establish from time to time such by-laws, ordinances, resolutions, rules and regulations as shall be necessary and proper for the good government, security, welfare and interest of said city of Russell and the inhabitants thereof, and for preserving the health, morals, peace and good order thereof, not in conflict with the Constitution of this State or of the United States, and shall have power in and by said corporate name to contract and be contracted with, sue and be sued, to plead and be impleaded in any of the courts of this State; to have and use a common seal; to acquire by gift, or purchase, or otherwise, such real or personal property within or without the limits of said city as may hereafter be deemed necessary or proper for corporate purposes; and to use, manage, improve, sell, convey, rent or lease any and all of said property as may be deemed advisable for the corporate interest; may do all other acts relating to its corporate capacity not in conflict with law. Russell, city of, incorporated SEC. 2. Be it further enacted, That the corporate limits of said city of Russell shall embrace the following territory, to wit: Beginning at the stone corner at the intersection of the land lines of W. J. Bennett, John B. McElroy, and R. B. Russell, and running with the lines of said J. B. McElroy's land (so

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as to include his land) to corner at the point where lands of said McElroy joins lands of Mrs. M. M. Jackson, thence a straight line S. 75 E. to a corner on the dividing line between lands of said Mrs. M. M. Jackson and the Smith lands, thence with the land line of Mrs. Jackson (and including the lands of Mrs. M. M. Jackson) to the corner of the lot of land known as the Green place, now owned by E. L. Thomas, thence N. 75 W. a straight line to the corporate limits of the town of Winder, thence a line coincident with said corporate limits a distance of one mile to a corner, and thence a straight line to the beginning stone corner; provided, the same does not include nor take in its limits any of the land or lands now within the corporate limits of the city of Winder. Corporate limits. SEC. 3. Be it further enacted, That until the election hereinafter provided herein, J. M. Jackson shall be mayor, and E. L. Thomas, J. M. Patrick, John J. Carr and Thomas Chouch shall be aldermen of said city of Russell, and are hereby clothed with all the powers herein vested upon such mayor and council until the election hereinafter provided. Mayor and aldermen. SEC. 4. Be it further enacted, That there shall be elected at the first annual election, to be held on the first Wednesday in June, 1903, and annually on the first Wednesday in June of each year thereafter, a mayor and four aldermen who shall hold their office for two years, or until their successors are elected and qualified. Said mayor and aldermen shall be residents and qualified voters of said city. The elections provided for in this charter shall be by general ticket, and the mayor and council shall from time to time fix by ordinance the place or places for holding elections. The person or persons receiving the highest number of votes at all elections for mayor and aldermen respectively shall be declared duly elected. Elections. SEC. 5. Be it further enacted, That elections for mayor and aldermen of said city shall be held under the superintendence of one of the justices of the peace or notaries public ex officio justice of the peace of either the militia district in which said city is situated, or either of them, and two freeholders of said city chosen by them; or the mayor and council may appoint any three freeholders of said city to conduct said election. The managers of all elections in said city shall, before proceeding with the election, 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 under the charter 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

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according to the charter of this city, nor knowingly prohibit any one who is so entitled; so help us God. Said oath shall be signed by each manager in the capacity in which he acts, and in the absence of an officer qualified to administer oaths shall be made and subscribed by each manager in presence of the other. The managers shall at once report the result to the acting mayor and council, together with the two tally-sheets, two lists of voters, and ballots used in said election. Managers. 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 city of Russell, and who shall have resided in the city limits for thirty days, and shall have registered as hereinafter provided, shall be qualified to vote at any election held in and for said city; and the mayor and council of the city of Russel shall provide for the registration of voters in said city by proper ordinance not in conflict with the laws of this State. Electors. SEC. 7. Be it further enacted, That the persons elected shall be notified by the clerk of the council, and shall on the Wednesday succeeding the election, or as soon thereafter as possible, take the oath of office before the mayor or any officer authorized by law to administer oaths, which shall be in writing as follows: I, , do solemnly swear that I will faithfully discharge all of the duties devolving upon me as mayor (or alderman) of the city of Russell during my continuance in office, and will support only such measures as, in my judgment, will be best for the welfare of said city and its inhabitants, and not in violation of its charter; so help me God. Official oath. SEC. 8. Be it further enacted that the mayor and council shall at their first meeting elect a mayor pro tem., clerk of council, city treasurer, city attorney, marshal and such other officers as the mayor and council may determine, who shall each hold office for one year, or until his successor is elected and qualified, unless removed sooner by the mayor and council for sufficient cause to be judged by said mayor and council. The duties of each officer and their compensation shall be fixed from time to time by ordinance. Officers. SEC. 9. Be it further enacted, That a majority of the aldermen shall constitute a quorum for the transaction of business, but in all cases a less number may adjourn from time to time and compel the attendance of absentees. The mayor shall be the chief executive officer of the city and shall preside at the meetings of the council, except as herein provided, but he shall have no vote except in case of a tie. It shall be his duty to see

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that the ordinances of council are faithfully executed and the public peace maintained. He shall have the revision of all ordinances, orders and resolutions, and may, within five days, file with the clerk his dissent in writing; but the aldermen may pass said ordinance, order or resolution by a vote of two-thirds to be taken by ayes and nays and entered upon the minutes. The mayor, and in his absence the mayor pro tem., shall have jurisdiction to try all persons charged with a violation of any law, ordinace, rule or regulation of said city, and to punish such persons, when convicted, by fine not to exceed two hundred dollars, imprisonment in the calaboose of said city not exceeding sixty days, and to work on the streets or other public works of said city not exceeding four months. Any one or all of these punishments may be inflicted by the mayor (or mayor pro tem.) in his discretion. Mayor, executive powers of. SEC. 10. Be it further enacted, That the mayor's court of said city is hereby established and declared to be a court of record, and shall be held as often as may be necessary and presided over by the mayor or mayor pro tem. of the city of Russell. Said court shall have power to impose such penalties for violation of the charter, or any of the ordinances of the city, as are prescribed in section 9 of this Act, and to fine or imprison, or fine and imprison for contempt, and may enforce the collection of fines by execution issued, directed and returned as tax executions are provided to issue in this Act; and shall enforce all such imprisonments by mittimus directed to the marshal or deputy marshal of said city. And in all prosecutions in said city the same shall be commenced by affidavits as prescribed in the Code, upon which a warrant shall issue and be signed by the mayor or mayor pro tem., which shall be directed to the marshal, deputy marshals or policemen of said city, and shall require the person or persons therein named to be taken before the said mayor's court of the city of Russell for trial; and on this affidavit and warrant the issue of guilty or not guilty shall be found and the trial proceed whenever the case is sounded in open court, unless continued under the rules of law so far as they can be applied to said court. And it shall only be necessary in such affidavit to describe the offense alleged with sufficient particularity that said court may readily understand the charge, and no more; and if such affidavit and warrant should be dismissed for want of formality, either on demurrer before trial or detected afterward at any time before judgment, and whether the same is pending on appeal before the mayor and council, the same will be nolle prosequied

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and another sued out, and so on from each dismissal until one is drafted sufficient for the purpose. From the judgment of said mayor's court there shall be an appeal within ten days to the mayor and council of said city, to be heard the first meeting of council after it is entered; and before such an appeal is entered or received the defendant shall pay all costs and give bond for his personal appearance to abide the final judgment in said case; and whenever a person is arrested for the violation of any law, ordinance, rule or regulation of said city of Russell, he may enter into a bond to be approved by the marshal of said city and payable to the mayor and council of said city of Russell, conditioned for the personal appearance of such person at the hearing of said charge, which bond shall be forfeited on the non-appearance of said defendant in the same manner as penal bonds are forfeited in the superior courts. No certiorari shall be granted to the decision of said mayor's court until the same has been appealed before the mayor and council and the decision sustained in whole or in part, nor until all costs have been paid to the clerk of council of said city, and bond given by the petitioners in certiorari for his appearance to answer and abide the final judgment of the court in that matter; but there shall be no appeal or certiorari from a fine or commitment for contempt, but such fine shall not exceed ten dollars, and imprisonment for contempt shall not exceed five days. The presiding officer of said mayor's court, or the presiding officer of council, when sitting on appeal cases, shall have power to summon and cause to attend any witness residing in said city and in Jackson and Walton counties. Mayor's court. SEC. 11. Be it further enacted, That the mayor and mayor pro tem. shall be, to all intents and purposes, ex officio justices of the peace so far as to suppress riots and breaches of the peace, and especially to enable them to issue warrants for oftenses committed against the laws of the State, within the corporate limits of said city (which warrants may be executed by any marshal or deputy marshal of said city), and to commit to the jail of the county having jurisdiction of the offense, or to admit such offenders to bail for their appearance at the proper court. And it shall be the duty of the jailer of each of the counties of Jackson and Walton to receive all persons so committed and safely keep them until discharged by due course of law, and for such services said mayor and marshal shall receive the same fees as now allowed by law to justices of the peace and constables, to be paid as costs of said officers are now paid. Mayor ex officio a justice of the peace. SEC. 12. Be it further enacted, That the mayor and council

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of the city of Russell may levy such taxes on the property in said city, both real and personal, as may be necessary to defray the expenses of said city and liquidate its debts, not exceeding fifty cents on the hundred dollars. Said mayor and 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, tenpin alleys or ninepin alleys and all tables or alleys of any kind used for the purpose of playing with balls or pins, or both, in said city, and on all contrivances used for the purpose of gaming or carrying on games of chance by selling cards, tickets or numbers, or by turning a deal or a wheel, selecting cards, pictures, envelopes or photographs from a number of objects, or by pitching rings at sticks or knives, or by throwing dice, shooting or throwing at any object, 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, or other shows which may exhibit in said city; such taxes, if not voluntarily paid, to be collected by execution as hereinafter provided. Said mayor and council may not collect any license tax upon business occupations located in said city until after January 1, 1908. Taxes, ad valorem and specific. SEC. 13. Be it further enacted, That said mayor and council shall have authority to cause to be removed all buildings, porches, steps, fences or other obstructions or nuisances in the public streets, lanes, alleys or public sidewalks in said city. They shall have power to establish a market or markets in said city; to regulate all butcher-pens, slaughter-houses, livery stables, blacksmith shops, forges and chimneys, steam sawmills, mill ponds, fish ponds and steam gins within said city, and remove or cause to be removed any of them in case they become nuisances, dangerous or injurious to the health of the city. They shall have power to license and regulate all hotels or taverns, public houses and boarding-houses, and power to license and regulate all drays, omnibuses, hacks, wagons and other vehicles kept for hire in said city, and to regulate and control all public pumps and wells, fire companies and engines or other apparatus of like character in said city. They shall have power to cause to be removed all dilapidated or unsafe buildings, fences, chimneys, etc., which they may consider nuisances or dangerous. Said mayor and council shall also have power and authority to collect, in such manner as they may be ordinance prescribe, such street tax on all male residents of said

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city between the ages of sixteen and sixty as said mayor and council may think necessary. Police powers. SEC. 14. Be it further enacted, That the mayor and council shall have the sole and exclusive power and authority to regulate the sale of spirituous liquors, wines, malt and intoxicating liquors of every kind in said city; to impose penalties on persons keeping liquors for sale or violating any of the ordinances regulating the sale of the same. Liquors, etc., sale of SEC. 15. Be it further enacted, That the mayor and council shall have power to open, lay out, widen, straighten, or to close up and otherwise change any of the streets and roads in said city, and to curb, pave, drain and repair the same. They shall also have power to protect places of public worship and cemeteries; to provide places for the burial of the dead and regulate interment therein; to make regulations for guarding against fire, to establish fire limits, and from time to time enlarge or restrict the same. They shall also have power to provide, lay out, improve and maintain public parks or pleasure grounds, and have complete authority over the same. Streets, etc. SEC. 16. Be it further enacted, That the mayor and 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 protection of the public health, as are not repugnant to the Constitution of the State and its laws, and as they may see proper, and to prescribe and enforce penalties for the violation of the same; and said mayor and council shall have power and authority over all such contracts in their corporate capacity as they may deem best for said city. General welfare. SEC. 17. Be it further enacted, That the mayor and council of said city of Russell shall have power and authority to borrow money and contract loans when in their judgment it shall be to the interest of said city to do so. Said city of Russell may also issue bonds and pledge the property, faith and credit of said city for the payment of the debts so incurred where now allowed by law as prescribed in sections 377, 378, 379 and 380 of volume 1 of the Code of Georgia, which said sections are adopted as part of this Act. Municipal bonds. SEC. 18. Be it further enacted, That the mayor and council of the city of Russell shall have power and authority to enforce by execution the collection of any amount due or to become due to it for taxes, license fees, water rents and for assessments of every kind; for fines and forfeitures, for paving

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streets and sidewalks, for laying sewers, and for any other debt or demand due the city. Such execution to be issued by the clerk of the council 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 issued, and the same may be sold, after advertising the same once a week for four weeks in a newspaper published in either of the counties of Jackson or Walton, before the council chamber in said city within the legal hours of sheriff's sales, on a regular sheriff's sale day; and the deed of the marshal shall be as effective to pass the title of property thus sold as the deed of the owner. Should any property thus levied on be claimed by any third party, the claimant may interpose his claim as now provided by law for claims under tax fi. fas. for State and county tax, and such claim shall be returned to and heard in the superior court of the proper county. Taxes, etc., collection of. SEC. 19. Be it further enacted, That it shall be the duty of every taxpayer and owner of real estate in said city, and they are hereby required, to make returns to the clerk of the council of said city of the property held by them in their own or another's right; and the mayor and council have authority, and it is hereby made their duty, to supervise and revise all returns thus made, and fix a just value on all property in said city and add any property that may not have been returned at its true value. Such returns shall be made not later than the first day of April of each year, and be revised within thirty days thereafter. Tax returns. SEC. 20. Be it further enacted, That the mayor and council of Russell shall have full power to require the railroads running through said city to make crossings on their several roads wherever said mayor and council may deem it necessary to place such crossings for the convenienc of the public, or to open and keep open any present or future street in said city; and the mayor and council may pass any ordinances needful for carrying out the provisions of this section. And in case the railroad companies, as aforesaid, shall fail and refuse to fix said crossings when notified so to do, the mayor and council shall have power to put the same across such railroads at the expense of said railroads, and may issue executions therefor and levy and collect the same, as is provided in this Act for issuing, directing, levying and selling property of individuals. Railroad crossings. SEC. 21. Be it further enacted, That the mayor and council

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shall have power in opening any new street in said city, or in altering, extending or straightening any street, to condemn any private property upon the following conditions: If the owner of the property to be affected claims that he will be damaged thereby, and if such owner and the mayor and council are unable to agree as to the amount, then said mayor and council may proceed to condemn such property as is provided in sections 4660 to 4686, Code of 1895. Condemnation proceedings. SEC. 22. Be it further enacted, That the mayor and council shall have power and authority to establish a system of public schools for said city, under such rules and regulations as they may deem proper. And in furtherance of such public schools, said mayor and council may issue bonds in accordance with the provisions of sections 377, 378, 379 and 380 of the Code of 1895, but said bonds shall be so limited in amount so that the indebtedness of said city shall not exceed seven per centum of the assessed value of all the taxable property therein. And whenever the mayor and council shall establish public schools and shall have elected a board of education for said city, of not less than five members, said board of education of the city of Russell shall be a body corporate and politic, with perpetual succession, capable of taking and holding property, real and personal, and of disposing of the same at its pleasure, and shall be vested with the management and control of said public schools, and have power to pass any rules and regulations for their government not in conflict with the laws of this State. The officers of said board of education shall be a president, vice-president, secretary and treasurer; and it shall be the duty of the State school commissioner of this State, upon presentation by the treasurer of the board of education of a list of all the pupils entitled to the State school fund in attendance upon said schools, to pay to said treasurer of the board of education semiannually such portion of the school fund of their respective counties as the number of said pupils may entitle them to receive, to be applied by said board of education, together with any sums raised by the mayor and council by taxation or otherwise, to the maintenance of said schools according to law. Public schools, bonds for. SEC. 23. Be it further enacted, That all laws and parts of laws in conflict with this Act hereof be, and the same are, hereby repealed. Approved December 18, 1902.

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SANDERSVILLE, NEW CHARTER FOR. No. 80. An Act to amend, consolidate and supersede the several Acts incorporating the city of Sandersville, in the county of Washington; to create a new charter and a municipal government for said city, 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 municipal government of the city of Sandersville shall consist of a mayor and five aldermen, who are hereby consituted a body corporate under the name and style of the city of Sandersville, and by that name shall have perpetual succession, shall have a common seal, and be capable in law and equity to purchase, hold, receive, enjoy, possess and retain to them and their successors, for the use of the city of Sandersville, any real or personal estate of whatever kind or nature within the jurisdictional limits of the city of Sandersville, and shall by the same name be capable to sue and be sued in any court of law or equity in this State, and shall succeed to all the rights and liabilities of the present corporation of Sandersville; and the corporate limits of the city of Sandersville shall be one mile from the Washington county court-house in each and every direction, the said court-house to be the center of the corporate limits of said city, and said corporate limits to extend one mile therefrom in each and every direction. Sandersville, new charter. Mayor and aldermen. SEC. 2. Be it further enacted by the authority aforesaid, That an election shall be held at the court-house, in the city of Sandersville, on the last Wednesday in August next, and biannually thereafter, for a mayor and five aldermen, and a city treasurer, to serve two years and until their successors are elected and qualified; the polls of said election shall be opened at 10 o'clock in the forenoon and closed at 3 o'clock in the afternoon. Elections. SEC. 3. Be it further enacted by the authority aforesaid, That all male citizens qualified to vote for members of the House of Representatives in the General Assembly of Georgia, and who shall have paid all taxes imposed and demanded by the authorities of the city, and shall have resided six months within the jurisdictional limits of said city, and no other person, shall be qualified to vote at said election. Electors. SEC. 4. Be it further enacted by the authority aforesaid, That the mayor and council shall cause the clerk of council of said city

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of Sandersville to register the names of all voters who are qualified to vote under the charter and under the laws of this State for municipal officers of the city of Sandersville. Registration of voters. SEC. 5. Be it further enacted by the authority aforesaid, That the said clerk shall provide a suitable book, alphabetically arranged, in which to register said qualified voters, and said clerk shall give notice in the city papers, at least thirty days preceding the election, that his books are open for the registration of voters who are qualified to vote for municipal officers; such book shall be closed one week before the election. Registration of voters. SEC. 6. Be it further enacted by the authority aforesaid, That it shall be the duty of all persons who desire to register to apply to the clerk in person, and to furnish said evidence of their qualification for registration, and in case the clerk is not satisfied as to the qualification of the applicant, he may require the following oath or affirmation: I do swear that I am a qualified voter for members of the House of Representatives in the General Assembly of Georgia from the county of Washington, and have paid all taxes legally imposed upon me by the city of Sandersville; so help me God. The clerk of said city is hereby authorized to administer said oath, and shall keep a record of the same upon the registration book, and may refuse to register such persons as may decline to take the oath aforesaid. Registration of voters. SEC. 7. Be it further enacted by the authority aforesaid, That any person voting illegally in the municipal election of the city of Sandersville, or falsely swearing in order to register, or otherwise violating any provisions of this Act, shall on conviction be punished as prescribed in section 1039 of volume 3 of the Code of Georgia of 1895. Illegal voting. SEC. 8. Be it further enacted, That said election shall be held under the superintendence of a justice of the peace and two freeholders, or of three freeholders, who shall be appointed by the said council at least five days before the election, and each of said election managers shall, before entering upon his duties, take an oath before some justice of the peace that he will faithfully and impartially conduct said election, and will prevent all illegal voting to the best of his skill and power; and in case the said managers of said election shall have any reasonable doubt as to the qualifications of any persons who vote therein, they shall have the power to administer the following oath: You do solemnly swear that you have attained the age of twenty-one years; that you are a citizen of the United States and are qualified to vote for members of the House of Representatives in the General Assembly of Georgia

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from the county of Washington; that you have resided for the last six months within the city of Sandersville, and have paid all taxes legally imposed and demanded of you by said city; so help you God. And any person who shall take said oath and shall swear falsely shall be deemed guilty of perjury. Election managers. SEC. 9. Be it further enacted, That the person or persons who shall receive the highest number of votes at said election for mayor, aldermen and city treasurer, respectively, shall be declared duly elected. Results of elections. SEC. 10. Be it further enacted, That in case of any vacancy among members of council or in the office of city treasurer, either by death, resignation, failure to elect, or removal from office or removal from the city, or other cause, the mayor shall order a new election to fill said vacancy, giving ten days' notice thereof in a public gazette, and the registration for the last preceding election shall be applicable thereto. In case of the death of the mayor, his resignation, removal from office or removal from the city, or of a vacancy from any other cause in the office of the mayor, the said council shall in like manner order an election for filling said vacancy, in each case giving ten days' notice in the public gazette of said city, and the registration of the last preceding election shall be applicable thereto; provided, that if any vacancy shall occur within six months next preceding the regular election, no special election shall be called to fill said vacancy. If the vacancy is in the office of mayor, the mayor pro tempore shall, upon taking the oath as mayor, serve out the unexpired term, and the said council shall elect a new mayor pro tempore; if the vacancy is in the office of treasurer, the mayor and council shall proceed to elect a new treasurer to fill out the unexpired time; if the vacancy is in the office of alderman, there shall be no election to fill out the same unless the council is reduced by vacancies to less than a quorum, which is hereby declared to consist of three aldermen besides the mayor or acting mayor. Vacancies. SEC. 11. Be it further enacted, That after the votes for mayor, aldermen and city treasurer at each election shall have been counted by the managers, they shall cause two certified copies of the tally-sheets to be made out. One of each shall be handed to the mayor for the time being, and the other shall be retained by the managers; and as soon as the mayor as aforesaid shall be informed of the result of said election, he shall cause the persons elected as aforesaid to be notified of the same, and the persons so elected shall attend on the first Monday thereafter at the council chamber, and the mayor and each member of council shall take and prescribe before the judge or

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clerk of some court of record of this State, or before a justice of the peace, the following oath: I swear that I will faithfully and impartially demean myself as mayor (or alderman, as the case may be) 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 or office in the said government of Sandersville, nor for any other office. I will not knowingly permit my vote in the election or appointment of any persons to a position in said government to be influenced by fear, favor or the hope of 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 interest of said city. The city treasurer shall take the oath of office hereinafter prescribed. Mayor and aldermen, installation and oath of office. SEC. 12. Be in further enacted, That in case the mayor or any member of the council, while in office, shall be guilty of any wilful neglect, malpractice or abuse of power confided to him, he shall be subject to indictment therefor in the superior court of the county of Washington, and on conviction shall be fined in a sum not to exceed one hundred dollars, which said fine shall be paid to the city treasurer for the use of the city of Sandersville, and he shall moreover be removed from office upon conviction. Malpractice. SEC. 13. Be it further enacted, That no person shall be eligible as mayor or alderman or city treasurer of Sandersville unless such person is a qualified voter of said city at the time of his election to such office. Eligibility SEC. 14. Be it further enacted, That the mayor shall receive a salary of ($360.00) three hundred and sixty dollars per annum, payable monthly. He shall be allowed to vote in the election of all municipal officers chosen by the council; he shall preside at all meetings of the city council, but shall have no vote on legislative questions before that body except in case of a tie; he shall have the veto power and may veto any ordinance or resolution of the council, in which event the same shall not become a law unless subsequently passed over his veto by the vote of at least four aldermen on a yea and nay vote, duly recorded in the minutes of the city council; but unless he shall file in writing with the clerk of council his veto of any measure passed by that body, with reasons which impel him to withhold his assent, within four days of its passage, the same shall become a law just as if approved and signed by said mayor. The mayor shall preside over the police court hereinafter provided for, and shall have the power to punish for contempt,

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both before the city council and before said police court, by any fine not to exceed twenty dollars or by imprisonment in the said guard-house not exceeding forty-eight hours, either or both, or in the alternative in the discretion of said mayor. It shall be the duty of said mayor to preserve the peace, and he shall be ex officio a justice of the peace so far as to enable him to issue and try warrants for criminal offenses committed within the jurisdiction of the city of Sandersville. The mayor of Sandersville shall be ex officio chief executive officer of said city, and to him the police officers and all city employees, under the jurisdiction of the mayor and council, shall be directly and immediately subject. Mayor, salary, duties and powers. SEC. 15. At its first regular meeting upon organization the board of aldermen shall elect one of their number mayor pro tempore, and in case of the resignation, death, removal, disability or disqualification of the mayor, the mayor pro tem. so elected shall, upon taking the oath as mayor, serve as mayor, with all the rights, powers and duties of the mayor in all respects. If the services of the mayor pro tem. shall continue for as long as thirty days, he shall be compensated at the same rate and in the same manner that the mayor is paid, and such compensation shall be deducted from the salary of the mayor unless said mayor's disqualification was from providential cause. Mayor pro tem. SEC. 16. Be it further enacted, That the legislative body of the city of Sandersville shall consist of five aldermen, who shall be elected at the same time and for the same term as the mayor. The qualifications of the aldermen shall be the same as those of the mayor, and they shall receive no salary for their work except that they, as well as all city officers, shall be exempt from street tax. Legislative power. SEC. 17. Be it further enacted, That at its first regular meeting the mayor and council of Sandersville shall elect a clerk of council. His qualifications shall be the same as those of the mayor; he shall take such oath of office as the mayor and council may prescribe, and shall give bond in the sum of five hundred dollars, with good and sufficient security, to be approved by the mayor and council for the faithful performance of his duties. He shall be the clerical officer of the council, and his duties shall be such as are prescribed by the ordinances of the city and by the mayor and council; his compensation shall be a salary of one hundred and fifty dollars per year, payable monthly, besides such fees as may be prescribed by the ordinances of said city. Clerk of council.

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SEC. 18. Be it further enacted, That the city treasurer of Sandersville shall be elected at the same time, in the same manner and for the same term of office as the mayor and aldermen of said city. He shall be a qualified voter of said city at the time of his election; he shall take such oath of office as the mayor and council may prescribe, and shall perform such duties as may devolve upon him under the ordinances of said city and by direction of the mayor and council. He shall give bond in the sum of five thousand dollars, with good and sufficient security to be approved by the mayor and council, for the faithful discharge of his duties. He shall be paid a salary of two hundred dollars per annum, payable monthly, besides such fees as may be prescribed in the ordinances and by-laws of said city and by the mayor and council. Treasurer. SEC. 19. Be it further enacted, That at its first regular meeting the mayor and council shall elect a city attorney, whose term of office shall be two years, whose duties shall be such as are required by the ordinances of the city by the direction of the mayor and council. The said attorney shall be paid such compensation as may be agreed between himself and the mayor and council. Whenever in the judgment of the mayor and council it shall become necessary to employ additional counsel to assist the said attorney, authority to do so is hereby conferred upon said mayor and council. City attorney. SEC. 20. The mayor and council shall have authority to elect a city sexton, to have the superintendence of and the care of the city cemeteries, whose duties shall be such as are prescribed by the mayor and council and by the ordinances of said city. He shall receive for each interment such fees as may be fixed, and he shall receive such compensation as may be prescribed by the ordinances of said city and by the mayor and council. Sexton. SEC. 21. Be it further enacted, That the mayor and council shall have authority to elect a city physician, whose duties shall be such as are required of him by the ordinances of said city and by the direction of the mayor and council, and whose compensation shall be fixed by the ordinances of the city and by the mayor and council. City physician. SEC. 22. Be it further enacted, That the mayor and council shall have the power to elect three persons as a board of health, and the chairman of the sanitary committee of the said council shall be ex officio chairman of the board of health. The duties, powers and compensation of said board of health shall be such as are fixed and prescribed in the ordinances and by-laws of said city of Sandersville. Board of health.

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SEC. 23. Be it further enacted, That at its first regular meeting the mayor and council shall elect one marshal, who shall be ex officio chief of police, one assistant, and as many additional policemen as in the judgment of said mayor and council may seem proper and necessary. Such officers shall be elected for a term of one year; shall be paid such compensation as may seem proper to the mayor and council; shall take such oath as the mayor and council may prescribe; shall give bond, with good and sufficient security, to be approved by the mayor and council in such amount as may be determined upon by said mayor and council for the faithful performance of their duties, and shall perform such duties as may be required of them by the ordinances of said city and by the mayor and council. Their fees shall be such as are prescribed by the ordinances of said city and by the mayor and council. The mayor and council of said city shall have the right at any time, without trial, to suspend or remove any of said officers for breach of duty or failure to perform duty, or incapacity, and the mayor may at any time during recess of council suspend any of said officers for breach or neglect of duty for a period not to exceed ten days, without pay, and appoint a substitute therefor. Marshal. SEC. 24. Be it further enacted, That the mayor and council of said city shall be empowered to employ such additional police or detective force as the good government of said city may require. The compensation and duties of said force shall be determined and fixed by said mayor and council. Police. SEC. 25. Be it further enacted, That the mayor and council shall have the power to organize a mayor's court, and the mayor or acting mayor shall preside therein and hold sessions daily, or as often as may be necessary to clear the guard-house. He shall have cognizance of all violations of city ordinances, and may punish all violations of said ordinances by any fine not to exceed one hundred dollars, by imprisonment in the county jail of Washington county or in the city guard-house of Sandersville 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 by compulsory work at 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. Mayor's court.

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SEC. 26. Be it further enacted, That the mayor shall have the power in his court, if the offense charged against the prisoner be beyond his jurisdiction, to examine into the facts of the case, and commit the offender or offenders to jail, or bail them if the offense be bailable by a justice of the peace, under the laws of this State, to appear before the superior court of Washington county or the city court. Commitments. SEC. 27. Be it further enacted, That the mayor and council of Sandersville shall have the power to authorize by ordinance the marshal or any policeman of said city to summons any or all bystanders to aid in the arrest of any perfson or persons violating any ordinance of said city or any law of this State, and to provide a punishment for any person or persons failing or refusing to obey such summons. Arrests SEC. 28. Be it further enacted, That it shall be lawful for the marshal or any policeman of said city to arrest without warrant any person or persons within the corporate limits of said city who at the time of said arrest or before that time have been guilty of violating any of the ordinances of said city, and to hold said persons so arrested until a hearing of the matter before the proper officers can be had; and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the city prison or in the jail of Washington 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. The marshal and policeman of this city are also authorized to arrest anywhere within the limits of this State any person charged with violating any of the ordinances of the city of Sandersville; provided, that said marshal and policeman shall not be authorized to arrest any person or persons outside of the incorporate limits of said city except in obedience to a written warrent signed by the mayor or acting mayor. Arrests SEC. 29. Be it further enacted; That the jailer of Washington county shall receive persons arrested by the officers of said city Sandersville, Sandersville, or convicted in the mayor's court of said city, or bound over from said court into the jail of Washington county, upon the same terms as other prisoners; and the said city of Sandersville shall be responsible to said jailer for the expense of keeping said prisoners when they are confined for violating the ordinances of said city. The mayor and council are hereby authorized to make such contract as they see proper with the authorities of Washington county for the hire of city convicts. Jail fees.

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SEC. 30. Be it further enacted, That the marshal or any policeman of said city shall release any person arrested for a violation of the ordinances of said city, upon said person's giving a bond, to be approved by the mayor or acting mayor of said city, conditioned to pay the city of Sandersville an amount fixed by the mayor or acting mayor of said city; in the event such 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 until the principal in said bond is tried for the offense charged, and should such person fail to appear at the time and place recited in the bond, said bond may be forfeited before the mayor's court of said city of Sandersville, as the mayor and council shall have authority to compel the attendance of witnesses, whether residents of said city or not, by imprisonment if necessary, and to take bonds to secure their attendance, and to forfeit such bond before the mayor's court, and to pass ordinances to carry this provision into effect. Appearance bonds SEC. 31. Be it further enacted, That said mayor and council may by ordinance declare what shall be nuisances in said city, and by ordinance provide for the abatement of the same. The mayor's court of said city of Sandersville 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. Nuisances. SEC. 32. Be it further enacted, That the mayor and council of said city of Sandersville shall have power to take up and impound any horses, mules, cattle or hogs running at large within the limits of said city, and to pass such ordinances as may be deemed by them necessary for the regulation of stock within said city; also to levy such tax as may seem proper to them upon dogs. Stock pounds. SEC. 33. Be it further enacted, That the mayor and council of said city shall have the power to require every male inhabitant in said city, who by the laws of this State is subject to work on the public roads, to work such length of time on the streets of said city as the mayor and council may by ordinance direct, in no case to exceed fifteen days in one year. Said persons so subject to street work 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 three dollars per annum. Said street work to be done and commutation tax to be paid at such times as said mayor and council may by ordinance direct. Any person subject to work or pay said tax, and failing to do so after being promptly notified, may be punished in the mayor's court as the mayor and council may by ordinance prescribe. Street duty or commutation tax.

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SEC. 34. 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 to 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, how thick the walls must be, how the chimneys, stovepipes and flues are to be constructed, and generally to do all such things as they may deem necessary in order to protect said city as far as possible from danger from fire, and to prevent the spread of fire from one building to another. They shall also have authority to order any changes in the construction or arrangements of buildings, chimneys, stovepipes or flues, or to order the removal thereof when in their judgment the same are dangerous or likely to become so, and to make the owner of the premises pay the expenses of such change or removal, which expense may be collected as taxes are collected; and if any person, firm or corporation shall erect or maintain any building that is not in accordance with the laws and ordinances of said city, said mayor and council may order such building removed or altered; and if such person, firm or corporation shall not remove or alter such building after notice to do so, then said mayor and council shall have authority to remove or alter the same at the expense of the owner, which expense may be collected as taxes are collected. Fire limits. SEC. 35. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have full and complete control of the streets and sidewalks, alleys and squares of said city, and shall have full power and authority to condemn property for the purpose of laying out new streets and alleys, and for widening, straightening or grading or in any way changing the street lines and sidewalks of said city; and when the mayor and council of said city 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, guardian or agent, in the manner provided by sections 4657 and 4686 of volume 2 of the Code of Georgia of 1895, and the Acts amendatory thereof. The 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, etc. SEC. 36. Be it further enacted, That the mayor and council

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of said city shall have full power and authority to pass all laws and ordinances concerning the draining and proper maintenance and care of the streets, alleys and sidewalks and other public places of said city; to provide for the paving of the same, or any part thereof, whenever in their judgment the same becomes necessary, and to provide how said paving, maintenance or care shall be paid, whether by said city or whether by the adjacent landlords, or by both. Drainage and pavements. SEC. 37. Be it further enacted, That said mayor and council shall have power and authority to establish a system of waterworks, sewerage, electric lights, or any of them, in said city for the purpose of supplying its inhabitants and the city, as well as consumers generally, with water, sewerage and lights, or any of them; and said mayor and council shall have the power to do any and all things necessary for such purposes; to contract with any person or persons for the purchase of land or premises to be used in connection therewith, whether within or without the city, and if necessary to condemn the same as hereinafter provided for. Said mayor and council shall have the authority to make contracts for the purchase of plants, machinery, etc., and make contracts with the inhabitants of said city, and with the consumers generally as to the furnishing of water, of sewerage or lights, or any of them. Said mayor and council shall also have full power and authority to grant the use of the streets and other public property to any person, firm or corporation that will undertake to furnish the city and the public with electric lights, water, sewerage, or any of them, and to make such contracts with such person, firm or corporation for water, sewerage and lights, or any of them, as may to said mayor and council seem proper; provided, that the city shall not be bound by any such contract for a longer period than one year from the making thereof, unless said contract shall have first been approved by a majority vote of the qualified voters of said city at an election to be held for that purpose, of which at least four weeks' notice shall be given in the newspaper of said city by said mayor and council, which notice shall contain a substantial statement of the proposed contract, as well as the time and place of the election, and which election shall be governed by the laws applicable to the regular elections of city officers. The mayor and council of Sandersville are hereby authorized and empowered to pass all ordinances, rules and by-laws necessary to carry out and effectuate the powers granted in this section. Water-works and electric lights. SEC. 38. Be it further enacted, That the city of Sandersville shall only issue its bonds, either for the payment of its

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debts or for public improvements, under the provisions of sections 377 to 381, inclusive, of volume 1 of the Code of Georgia of 1895. [Illegible Text] [Illegible Text]. SEC. 39. Be it further enacted, That the mayor and council shall have full power and authority to contract for or to condemn any lands or premises within or without the city for the purpose of establishing and maintaining an electric light plant, and a water-works system and a sewerage system, or any of them; provided, that if the right to condemn herein granted be exercised, all proceedings shall be and had under the provisions of sections 4657 and 4686 of volume 2 of the Code of Georgia of 1895. Condemnation proceedings. SEC. 40. Be it further enacted, That the mayor and council of said city shall be authorized and empowered to establish an electric light system, a sewerage system and a water-works system, or any of them, as is hereinbefore provided, in connection with and jointly with the city of Tennille, in the county of Washington, under such terms and conditions as may be prescribed by the municipal authorities of the cities of Tennille and Sandersville, by ordinances duly passed by each of said cities; provided, that the power herein granted shall not become effective until a similar power has been conferred upon the city of Tennille by the Legislature of Georgia. Public utilities in connection with Tennille. SEC. 41. Be it further enacted, That the mayor and council shall have full authority and power to tax and grant licenses to persons keeping markets in said city; also, to tax and license theaters, shows, exhibitions and fairs of all kinds, as well as itinerant dealers of all kinds. Specific taxes. SEC. 42. Be it further enacted, That the mayor and council shall not have the power or authority to license or to authorize persons to sell intoxicating liquors of any kind, but may punish by ordinance the sale of any patent medicine which drunk to excess will produce intoxication, and may also punish any person keeping or storing within the corporate limits intoxicating liquors for the purpose of illegal sale. Liquors, etc., sale of SEC. 43. Be it further enacted, That said mayor and council shall have full power and authority to require any person, firm or corporation, whether a resident or a non-resident of the city of Sandersville, engaged in or carrying on, or who may engage in or carry on any trade, business vocation or profession within the incorporate limits of said city, either by themselves or by their agent or agents, to register their names and business calling, vocation or profession, annually, and to require such person, firm or corporation to pay for such registration and for

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license to prosecute, carry on or engage in such business calling or profession such amount as the mayor and council may, by ordinance, require. Said mayor and council may by ordinance provide for the punishment of all persons, firms or corporations who are required by ordinance to pay the said special tax and to register, who shall engage in or offer or attempt to engage in such business calling or professon, without first complying in all respects with the city ordinances in reference thereto. Licenses. SEC. 44. Be it further enacted, That the mayor and council are hereby given authority to pass such ordinances as may be necessary and proper in order to carry the foregoing section into effect. They are also empowered to classify business and to arrange the various business trades and professions carried on in said city into such classes of subjects for taxation as they may deem just and proper. Taxation. SEC. 45. Be it further enacted, That the mayor and council of Sandersville shall have power and authority to levy and collect a tax annually of not exceeding one and one-fourth per cent. upon all and every species of property, both real and personal, within the limits of the city of Sandersville, including bonds, notes, debts, choses in action, money employed in banking and otherwise. Ad valorem tax. SEC. 46. Be it further enacted, That said mayor and council shall at their first meeting in January 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 terms of office shall be one year. Said city assessors shall 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 officers receiving the same, and increase the valuation of personal property thereof when, in their judgment, the value placed thereon is too small. The mayor and council shall have the authority to prescribe rules for the government of said city tax-assessors. Said assessors shall make returns of the assessments made by them to the mayor and council each year at such time as the mayor and council may by ordinance direct. If any taxpayer is dissatisfied with the assessment made of his property, either real or personal, by said assessors, such taxpayer shall within ten days after the assessors have

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made their returns to the mayor and council, file written notice with the clerk of council of his dissatisfaction, and shall name in his said notice one arbitrator to represent him in fixing the value of his said property. Upon such notice being filed with the said clerk it shall be his duty to notify the mayor of the fact, and it shall be the duty of the mayor to forthwith name an arbitrator to represent said city in fixing the value of the property in dispute, and the two arbitrators so selected shall be immediately notified by the city clerk and shall forthwith select an umpire, and the board of arbitration so constituted shall immediately proceed to give their award as to the value of such property, which award shall be returned to the city clerk and shall be final on both the city and the taxpayer. The city assessors shall take such oaths and receive such compensation as the mayor and council may prescribe; they shall have the power to require any taxpayer to furnish them a list of all notes, accounts, mortgages, stocks, bonds and other securities and investments, whenever, in their opinion, the same is necessary for a correct assessment, and to punish for contempt as may be prescribed by ordinance for failure or refusal to do so. The mayor and council shall have the power and authority to pass such ordinances as are required to effectuate this section. Tax-assessors. SEC. 47. Be it further enacted, That the mayor and council of said city shall have power and authority to provide by ordinance when the taxes of said city shall fall due, in what length of time said taxes shall be paid, when tax executions shall issue against defaulters, and to fix a penalty for the non-payment of taxes when due. Taxes, when payable and how collected. SEC. 48. Be it further enacted by the authority aforesaid, That executions for any and all taxes or licenses or demands of any sort due the city or its corporate authorities by any person, firm 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 his deputies, and to 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 certain property described in the execution, they make by levy and sale the amount due on the execution, with all cost. The mayor and council shall be ordinance provide for the time and place of, the method of conducting, and all registrations governing the marshal's sales under said executions. The sheriffs, deputy sheriffs and constables

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of this State shall proceed in the same manner to levy and collect executions issued by the city of Sandersville as they levy and collect executions issued from the respective courts of which they are executive officers. Tax sales. SEC. 49. Be it further enacted, That nothing in this Act shall affect the present officers of the city of Sandersville or their fees or salaries, or the licenses and special taxes, or the tax rate fixed by the ordinances of said city for the year 1902. Existing officers and ordinances. SEC. 50. Be it further enacted, That the special legislation on the subject of the public school system of said city, and the funds belonging to said public school system, and the various matters therewith connected shall not be repealed or modified by this Act, but shall remain in full force and effect. Public schools. SEC. 51. Be it further enacted, That authority to carry out and effectuate by ordinance each and every power granted to the city of Sandersville in this Act is hereby expressly conferred on the mayor and council of said city; and said mayor and council shall have, generally, the power and authority to make and pass such rules, by-laws and ordinances as shall appear to them necessary or requisite for preserving or promoting the peace, dignity, health, good order and welfare of said city of Sandersville. Municipal powers. SEC. 52. Be it further enacted, That the mayor and council of said city shall have the right to elect such other municipal officers, besides those herein specified, as may to them seem necessary and proper, providing therefor, when necessary, by ordinance, and in the same manner prescribing their duties and fixing their compensation. Officers. SEC. 53. Be it further enacted, That all laws, or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 12, 1902.

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SASSER, TOWN OF, CHARTER AMENDED. No. 7. An Act to alter and amend the Act to incorporate the town of Sasser, in Terrell county, and for other purposes, approved December 29, 1890, found on pages 649 and 650 of Georgia Laws 1890-1891, Vol. 2, by striking out three, in the second line of the third section of said Act, and inserting in lieu thereof four, so as to thus-provide for an additional councilman; also, to change the time of electing the mayor and councilmen of said town from the first Monday in January to the first Tuesday in December preceding; also, to provide for a mayor pro tem., who shall discharge the duties of the mayor in case he is absent or disqualified, and to strike out of the second line of section 9 of said Act the words any two of the councilmen and insert in lieu theeof the mayor pro tem.; also, to require all voters in said town to reside therein at least thirty days preceding the election at which they offer to vote; also, to provide that one-half of all sums of money received from the dispensary commissioners of Terrell county as the distributive share of the town of Sasser shall be used for educational and school purposes under the direction of the mayor and councilmen of said town. 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 recited Act incorporating the town of Sasser, in Terrell county, be, and the same is, hereby amended by striking out of the third section of said Act the word three, in the second line, and inserting in lieu thereof the word four, so as to provide for an additional councilman for said town by making the number four instead of three. Sasser town of, councilmen for. SEC. 2. Be it further enacted by the authority aforesaid, That section 5 of said Act be, and is, hereby amended by striking out of it the words first Monday in January, 1891, and inserting instead the words first Tuesday in December, so as to thus change the time of electing the mayor and councilmen of said town from the first Monday in January to the first Tuesday in December preceding. The next election for mayor and

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four councilmen for said town shall be held on the first Tuesday in December of the present year 1902, and subsequent elections shall be held biennially on the first Tuesday in December. Mayor and councilmen, election of. SEC. 3. Be it further enacted, That at the first regular meeting after their election, or as soon thereafter as practicable, the mayor and councilmen of said town shall elect from their body a mayor pro tem., who shall be, and is, hereby clothed with all the rights, privileges and duties of the mayor-elect, and who shall, during the illness or absence of the mayor for any cause, act in his stead; and section 9 of said recited Act shall be, and is, hereby amended by striking out of the second line thereof the words any two of the councilmen and inserting in lieu thereof the mayor pro tem. Mayor pro tem. SEC. 4. Be it further enacted, That it shall be necessary for all voters in said town to reside therein at least thirty days preceding the election at which they offer to vote; and no one shall be allowed to vote at any election held in the town of Sasser unless he shall have resided therein at least thirty days next preceding such election, and is also in other respects a qualified voter. Electors. SEC. 5. Be it further enacted, That one-half of all sums of money received from the dispensary commissioners of Terrell county as the distributive share of the town of Sasser shall be used for educational and school purposes under the direction of the mayor and councilmen of said town, who are hereby authorized and empowered to make and execute all necessary provisions, rules and regulations for using and disbursing such sums. Dispensary profits. 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. Approved November 25, 1902.

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SAVANNAH, ACT CREATING POLICE COURT AMENDED. No. 63. An Act to amend section one (1) of an Act entitled an Act to amend the law establishing the police court of the city of Savannah, approved December 11, 1871, by adding at the end of such section a provision that in case of the absence or disability of the recorder any alderman of said city designated by the mayor or acting mayor of said city shall be authorized to preside in and hold the sessions of said court, either alone or with the mayor, and that when the said mayor and any alderman of said city shall preside together and differ in opinion, the said mayor shall pronounce the judgment of the court. 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 to amend the law establishing the police court of the city of Savannah, approved December 11, 1871, be, and the same is, hereby amended by adding to the end of said section a provision as follows: and provided further, that in case of the absence or disability of the recorder, any alderman of said city designated by the mayor or the acting mayor of said city shall be authorized to preside in and hold sessions of said court, either alone or with the mayor, and when the said mayor and any alderman of said city shall preside together and differ in opinion, the said mayor shall pronounce the judgment of the court, so that said section, when amended, will read as follows: It is hereby enacted by the General Assembly of the State of Georgia, That after the passage of this Act, the mayor and aldermen of the city of Savannah, in council assembled, may elect an officer to be called the `recorder,' for such time and for such compensation as they may ordain, who shall, either alone or with the mayor of said city, be authorized to preside in and hold the sessions of said court; provided, that when the said mayor and recorder shall preside together and differ in opinion, the said mayor shall pronounce the judgment of the court; provided further, that in case of the absence or disability of the recorder, any alderman of said city, designated by the mayor

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or acting mayor of said city, shall be authorized to preside in and hold the sessions of said court, either alone or with the mayor of said city, and when the said mayor and any alderman of said city shall preside together and differ in opinion, the said mayor shall pronounce the judgment of the court. Savannah. Police court. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 10, 1902. SOPERTON, TOWN OF, INCORPORATED. No. 118. An Act to incorporate the town of Soperton, in Montgomery county, 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 confer certain powers on the municipal authorities of said town, and to provide penalties for the violation of ordinances passed by said mayor and aldermen; to limit the rate of taxation to one-half of one per cent.; to regulate the sale of merchandise and other commodities; to construct and maintain a system of sewerage and waterworks; to regulate fire, police and sanitary protection; to raise revenue by taxation and special license, or otherwise, to defray the expenses of the town government; to grant franchises that may be necessary, and to provide for the laying off the streets, alleys, sidewalks, drives and other public grounds, and maintaining the same, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the town of Soperton, in the county of Montgomery, be, and the same is, hereby incorporated as a town under the name of the town of Soperton. Soperton, town of, incorporated. SEC. 2. Be it further enacted, That the corporate limits of said town shall be as follows: beginning at the Macon, Dublin and Savannah Railway Company's depot in said town and extending one-half mile from said depot in every direction. Corporate limits. SEC. 3. Be it further enacted, That the municipal government of said town shall consist of a mayor and five aldermen, who are hereby constituted a body corporate under the name and style of the mayor and council of the town of Soperton, and by that name

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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 capacity, and shall be capable in law to purchase, hold, enjoy and possess, to retain to themselves and their successors, for the sole use and benefit of the said town of Soperton, in perpetuity or for a term of years, any estate, real or personal, within the limits of said town, and sell, exchange or lease the same in any way whatever. Mayor and aldermen. SEC. 4. Be it further enacted, That Ben Gillis be, and is, hereby appointed mayor; D. D. Gillis, E. A. Outlaw, J. R. Durden, J. A. Wade and W. Mishoe be, and they are, hereby appointed aldermen of said town of Soperton, to hold their offices until the first annual election as hereinafter provided. Mayor and aldermen SEC. 5. Be it further enacted, That on the second Tuesday in January, 1903, and each year thereafter on said day, an election shall be held in the council chamber of said town for a mayor and aldermen. The said mayor and aldermen shall hold their offices one year from the above date and until their successors are elected and qualified, but no one shall be eligible to the office of mayor and aldermen nor vote for said office who are not qualified to vote for members of the General Assembly of this State, and who have not resided in said town for three months just previous to said election. Said election shall be held and conducted in the same manner as elections for county officers in this State, and the certificate of the managers shall be sufficient authority to the persons elected to enter upon the discharge of the duties of the office to which they have been elected. The returns of said elections shall be made to the mayor and council of said town. In the event the office of mayor or any of the board of aldermen shall become vacant by death, resignation, removal or other cause, the mayor, or in case his office is vacant, a majority of the aldermen, shall order a new election to fill said vacancy, 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 supra. Elections SEC. 6. Be it further enacted, That before entering upon the discharge of their duties the mayor and aldermen shall subsribe to the following oath: I do solemnly swear that I will faithfully discharge all duties devolving upon me as mayor or alderman, as the case may be, of the town of Soperton, in Montgomery county, Georgia, according to the best of my ability and understanding; so help me God, which oath may be administered by any person authorized by the laws of this State to administer oaths. Official oath. SEC. 7. Be it further enacted, That said mayor and aldermen shall have power and authority to elect such marshal, secretaries,

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treasurer and other subordinate officers as they may deem necessary for the proper carrying on the powers herein granted, and to prescribe the duties and compensation of said officers, and to require of them such bond as they deem necessary. Municipal officers. SEC. 8. Be it further enacted, That said mayor and aldermen shall have power to make and pass all ordinances, by-laws, rules and regulations that they may deem necessary for the good order, peace, health and government of said town, and for the enforcement of all powers herein granted; provided, that they are not repugnant to the Constitution of the State of Georgia or the Constitution of the United States. General welfare. SEC. 9. Be it further enacted, That said mayor and aldermen shall have power and authority to enact all ordinances necessary to carry into effect the powers herein granted, or that may be necessary to suppress vice or immorality in said town, or that may be necessary to foster virtue, intelligence or good morals in said town. And they shall have the authority to enforce the observance of their ordinances by fines, imprisonment or work on the streets, alleys, sidewalks, public drives or other public property of said town. That either, any or all of said penalties may be imposed in the discretion of said mayor and aldermen, but that no fine imposed shall be for more than fifty dollars. Confinement shall be in the guard-house of said town, and not longer than thirty days. The penalty for working on streets and other public property of said town shall be in no event for more than thirty days. Police powers. SEC. 10. Be it further enacted, That said mayor and aldermen shall have exclusive jurisdiction over the streets, alleys, sidewalks, drives and other public property of said town, to keep the same in good order and to remove all obstructions on the same at the cost of the person or persons causing the obstruction. Streets, etc. SEC. 11. Be it further enacted, That said mayor and aldermen shall have power and authority to construct and maintain a system of sewerage and water-works for the benefit of said town, and to regulate fire, police and sanitary protection as they may deem proper. Waterworks and sewers. SEC. 12. Be it further enacted, That said mayor and aldermen shall raise revenue necessary to defray the expenses of said town government by taxation and license, and that the taxation for said purposes on both realty and personalty shall not exceed one-half of one per cent.; that they shall have power to regulate the sale of merchandise and other commodities in said town by taxation and special license to defray the expenses of said town government, and said corporate authorities shall have power and authority to tax all shows or exhibitions which may exhibit within the corporate

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limits of said town in a sum not exceeding that of the State tax, and to prohibit the same altogether when they deem it best for the financial or moral influence of said town. They shall also have power and authority to require all persons subject to road duty under the laws of this State, who reside within the corporate limits of said town, to work on the streets, alleys, sidewalks, drives or other public property of said town, not exceeding each fifteen days per annum, but they may receive in lieu of said work such commutation fee or tax as they may prescribe, but said tax in no event to be more than one dollar per day for each day required to work on said public works. Taxes, ad valorem and specific. Street duty or commutation tax. SEC. 13. Be it further enacted, That said mayor and council shall have authority to grant franchises when they deem it to be the best interest of said town, and that said aldermen shall have power and authority to elect from their number a mayor pro tem. to act in the absence of the mayor, or when for any reason the mayor can not act. That said mayor and aldermen shall have power and authority by ordinances for collection of taxes or fines or other moneys due said town by execution to be issued by the mayor, and to be levied and sold by the marshal thereof, in the same manner as prescribed by the laws of this State for constable's sales, as to personalty, and in the same manner as the laws of this State prescribed for sheriff's sales, as to realty. Franchises SEC. 14. Be it further enacted, That the mayor and mayor pro tem. of said town shall be ex officio justice of the peace in criminal matters, and shall have authority to issue warrants for any offense committed against the laws of this State committed in the corporate limits of said town, and shall have power to compel the attendance of witnesses, to examine them on oath and to admit to bail for any offense, where the offense is bailable under the laws of said State of justices of the peace, or to commit to the common jail of said county in default of bail. Mayor ex officio a justice of the peace. SEC. 15. Be it further enacted, That the mayor of said town shall be the chief executive officer. He shall see that the ordinances, by-laws, rules and regulations of the council are faithfully executed, and shall have control of the police said town and may appoint special police when he may deem it necessary; he shall also, in concurrence with the aldermen, have the power and authority to fix the bonds and salaries for all subordinate officers of said town. Mayor, executive powers of. SEC. 16. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902.

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STATESBORO, TOWN OF, CHARTER REPEALED. No. 75. An Act to repeal an Act approved September 2, 1889, providing a new charter for the town of Statesboro, and all other Acts explanatory or amendatory thereof heretofore passed, and constituting the present charter of the town of Statesboro, in Bulloch county, Georgia. 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 September 7, 1889, providing a new charter for the town of Statesboro, and the Acts amendatory thereof, approved December 21, 1893, and December 16, 1897, and all other Acts constituting the present charter of the town of Statesboro, be, and the same are, hereby repealed. Statesboro, town of, charter for 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 10, 1902.

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STATESBORO, CITY OF, INCORPORATED. No. 53. An Act to incorporate the city of Statesboro, in the county of Bulloch, and prescribe the 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 Statesboro shall be good and valid for or against the city of Statesboro, and that all property now held and owned by the town of Statesboro shall be and become the right and property of the city of Statesboro; to provide for the erection and maintenance of a water-works system and electric light and gas plant, 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 inhabitants of the territory embraced within the limits of one mile in every direction from the center of the court-house as it is at present located in Statesboro, in the county of Bulloch, be incorporated under the name and style of the City of Statesboro, and said city of Statesboro 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 and equity in the State; shall be capable in law or in 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 Statesboro, 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. Statesboro, city of, incorporated. SEC. 2. Be it enacted by the authority aforesaid, That the municipal government of the city of Statesboro 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 Statesboro. Mayor and councilmen.

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SEC. 3. Be it further enacted by the authority aforesaid, That an election shall be held at the court-house, in the city of Statesboro, on the first Saturday in December, 1902, and each year 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. 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, who, before entering on their duties as managers of said elections, shall subscribe the following oath: All and each of us, whether justice of the peace or other judicial officer or freeholders residing in the city of Statesboro, do swear that we will faithfully superintend this day's election; 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 the said city of Statesboro; 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 Bulloch authorized by law to administer oaths, or, if no such person can be conveniently had, said managers may administer the oath to one another. 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 councilman then in office. The managers of such election shall receive such compensation as may be fixed by the city council of said city, not exceeding two dollars per day each. Election 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 election shall proceed to count the ballots and consolidate the returns of said election and certify the same. Said managers shall make certificate of the

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result on each of the two tally-sheets kept by them, and shall place one of the two lists of voters kept by them and one of the said tally-sheets, together with the ballots, in an envelope or box, and seal the same and deposit it with the clerk of the superior court of Bulloch county. The other list of voters and the other tally-sheet they shall file with the clerk of the said city council for delivery to and inspection by the 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 shall, by the clerk of the city council, be entered of record on their book of minutes. The clerk of the superior court and the clerk of said city council, after the expiration of thirty days from the time of said election, shall destroy said ballots and lists of voters without inspection, provided no notice of contest be filed, in which case they shall preserve the same until said contest be finally determined. Results. SEC. 6. Be it further 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 in said city for six months previous to the time when the election is held, and who are qualified to vote in the county of Bulloch for members of the General Assembly of Georgia, shall be considered electors and be entitled to vote in said city elections, and no others shall be qualified to vote. Electors. 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 630 of the Penal Code of 1895, upon conviction after indictment or presentment by the grand jury of Bulloch 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 time of their election and qualification, and until their successors are elected and qualified. On the day of the first regular council meeting each year after their election, the mayor and councilmen-elect shall meet in the city hall or council chamber, or in whatever place they shall select, and there severally take, before some officer authorized to administer oaths under the laws of the 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 Statesboro for the ensuing term, and that I will

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faithfully enforce the charter and ordinances of said city to the best of my skill and knowledge; so help me God. Should the mayor or any councilman be absent from said meeting, he shall take the above oath of office as soon as possible thereafter. Terms of office. Oath. SEC. 9. Be it further enacted by the authority aforesaid, That the present officers of the town of Statesboro, to wit: G. S. Johnston, mayor; J. G. Blitch, J. L. Oliff, J. C. Jones, A. J. Franklin and W. H. Simmons, councilmen, be, and they are, hereby declared and appointed lawful officers of the city of Statesboro under this charter until the election and qualification of their successors, as provided in this charter. Mayor and councilmen. 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 five days from the date of said election, by petition to the superior court of Bulloch county, plainly, fully and distinctly set out his or their grounds for contest, and the names of the person or persons whose election is contested, and file said petition in the office of the clerk of the superior court of Bulloch county. Immediately upon the filing of said petition the clerk of said court shall transmit a copy thereof to the judge of the superior court of Bulloch county, and shall furnish the contestees, as set out therein, each, with a copy of said petition. Upon the receipt of a copy of said petition the said judge shall fix a time and place of hearing and indorse same on the said copy; provided, that the time of hearing shall not be more than fifty nor less than thirty days from the date of his order, and may be at the session of the superior court of said county, or in vacation. All parties shall receive from said clerk ten days' notice of the time and place said judge shall proceed to hear and determine said contest and all the issues of law and fact submitted therein, and render final judgment in the premises. Election contests. SEC. 11. Be it further enacted by the authority aforesaid, That in the event notice of a contest is filed as provided in the previous section, the mayor and councilmen of said city then in office shall continue to perform their duties as such officers until said contest be settled and determined, and until their successors are legally elected and qualified. Election contests. 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

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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 their own members should they see fit. And in case of a vacancy in the office of councilman, caused by death, failure to elect, resignation, removal from the city or otherwise, the vacancy shall be filled by the remaining members of the city council, who shall proceed at once to elect a councilman to fill the unexpired term. Said mayor and 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 of his official duties, the office or offices may, in the sound discretion of the remaining members of the 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 in writing 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. Malpractice. 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 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 remove from the limits of the same during his term of office, his office shall thereby become vacant. Eligibility SEC. 15. Be it further enacted by the authority aforesaid, That the city council of said city 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

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resolutions, which book 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 sessions as they may determine, and the mayor or mayor pro tem. may call such other and additional meetings as emergencies may, in his discretion, require. At each meeting of said city council the proceedings of the last meeting shall be read, 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. Meetings of council and minutes. 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; or 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, however, that in case of a 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 vote 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 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 failure to so post or publish any ordinance, measure or resolution shall in no wise operate to render same void. Ordinances, how passed. SEC. 17. Be it further enacted by the authority aforesaid, That said city council of said city shall have the power to elect one or more policemen, one of whom shall be chief of police, a

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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. and councilmen, 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. Any 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 an 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, be 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 or 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. Should any one of these officers remove, during his term of office, from the limits of said city, his office shall thereby become vacant. Eligibility to municipal office. SEC. 20. Be it further enacted by the authority aforesaid, That the clerk of the city council of said city shall be ex officio treasurer of said city, his 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 clerk and elect a treasurer of said city, prescribe his duties, fix his salary and require of him bond and security. Clerk. SEC. 21. Be it further enacted by the authority aforesaid, That said city council shall, at their first regular meeting in February

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of each year, elect three 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, and whose compensation shall be fixed by said city council. 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 taxpayer, and perform such other service as the said city council may, by ordinance, require to be performed in connection with said office. 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 the duty of said tax-assessors to place a just, fair and equitable valuation on same, and double said valuation and enter a note of said double valation for the information of the clerk. The tax-assessors shall give notice by publication in the official gazette of Bulloch county 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 fifteen days. Should any vacancy happen in said board of assessors by death, resignation, refusal to perform the duties of the office, removal therefrom, or 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-assessor of the city of Statesboro, 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. SEC. 23. Be it further enacted by the authority aforesaid, That said assessors may have, during the progress of their investigations, such evidence as to 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 tax 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 relating to the value of his or her

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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, 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 dissatisfied 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 council, it shall be the duty of the mayor to fix a day upon which a hearing shall be had and give the appellant three days' notice in writing of said hearing. Notice to the agent or attorney-at-law of said appellant shall be sufficient. At said hearing, the 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. Assessments. 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 the 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 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. Assessments on personalty 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 council, and immediately after said report is filed it shall be the duty of said clerk to mail a written or printed notice to every taxpayer, setting out

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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 by said assessors transmitted to said 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 clerk, and said city council may, upon proper cause shown, relieve any tax-payer of the double taxation entered against him. Tax digest. SEC. 26. Be it further enacted by the authority aforesaid, That the mayor of said city shall see that all laws, ordinances and resolutions of said city are faithfully enforced and executed, and that all 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 eighteen 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 authority 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 to the affairs of said city, and he shall recommend for the consideration of the council such measures as he may deem fit. Mayor, executive 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 the case of the absence or disqualification of both the mayor and the 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 or ordinance, when not otherwise provided in this Act, or for contempt, shall be a fine not exceeding two hundred dollars ($200), imprisonment in the city guard-house

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or in the county jail, by permission of the county authorities, for a period not exceeding ninety 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 days; one or more, or all of these punishments, at the discretion of the trial court. Any person convicted before said mayor's court 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 the trial of 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 court from which the appeal is made. 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 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, 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. SEC. 28. Be it further enacted by the authority aforesaid, That said city council shall have the right and authority to establish a chain-gang in said city, provide for the confinement of the prisoners therein during the hours they are not engaged in labor, provide for their maintenance during the period of their imprisonment, employ guards and convict bosses, and generally to provide for the proper government and control of said convicts. The city council shall have the right to lease or hire such convicts as may be confined in the chain-gang of said city to the county authorities of Bulloch county, or to any adjoining county, and shall have the right to make such charge for such hire as may be agreed upon; provided, however, that said convicts shall be 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 authority aforesaid, That the mayor of said city is hereby authorized to issue warrants for the arrest of all persons charged, upon affidavits before him made, with having committed within the limits of the

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city of Statesboro offenses against any penal law of the 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 Statesboro, 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. 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 violation of any ordinance or law of the city, it shall appear that such person is probably guilty of an offense against the penal laws of the State, it shall be the duty of the court trying such person to commit such person to prison, or let to bail, to answer before the court having jurisdiction of the same for the offense committed. Commitments. SEC. 31. Be it further enacted by the authority aforesaid, That it shall be lawful for the chief of police of said city, or 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 time of said arrest, or who before that time, have been guilty within said limits of disorderly conduct, public indecency, quarreling, fighting or any violation of any of the ordinances or laws 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 Bulloch 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, in order to arrest and detain such offenders, the sheriff of said county or his deputies or any constable of said county or any by-stander, 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. Arrests. SEC. 32. Be it further enacted by the authority aforesaid, That the chief of police, regular or special policeman shall have the right and privilege (though they shall not be compelled, if

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it would be dangerous, to allow their prisoner to run at large) to release any person arrested within the corporate limits of said city, upon such person giving a bond, to be approved by the chief of police or mayor of said city, payable to the city of Statesboro, conditioned to pay said city of Statesboro an amount fixed by said chief of police or mayor, 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 until said person so 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 ordinance of said city of Statesboro, 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 specified in the bond, said bond shall be declared forfeited, and a rule nisi, directed to the principal and security, 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 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 twenty days before the sitting of the court to which it is made returnable, either personally or by leaving same at the most notorious place of abode of the person upon whom service is perfected, or by publishing same once a week for four weeks prior to the sitting of the court to which the same is returnable in the official gazette of Bulloch county. 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 the city, and shall have the same lien and binding effect upon the property of the defendants therein as executions issued upon judgments in the justice or superior courts of this State. Said execution shall be directed to the chief of police of Statesboro, and to all and singular the sheriffs, deputy sheriffs and constables of said State, by any one of whom the same may be levied. 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 said city, to appropriate money and provide

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for the payment of the debts and expense 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 one per cent., 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 laws of the State of Georgia. Ad valorem 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 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. Specific taxes. SEC. 37. 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, cafs, restaurants, saloons for the sale of creams, sodas, 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, peddlers of stoves, clocks, machines or any kind of merchandise

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whatever; 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 tenpin 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; dealers in futures; keepers of slaughter pens, beef markets, green grocers, dealers in fresh oysters, vegetables, fruits, breads, meats and other articles of food; contractors and builders and all mechanics or artisans; keepers of blacksmith or repair shops, 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 of Georgia, are not exempt from municipal tax. Licenses. SEC. 38. Be it further enacted by the authority aforesaid, That 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 is 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. 39. Be it further enacted by the authority aforesaid, That said city council shall have the 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 mains, for cleaning and repairing privies, and for abating nuisances, and for any and all levies, assessments, debts or demands, due or to become due to said city. Said executions to be issued by the clerk of the city council, signed by him and the mayor of said city, directed to the chief of police of the city of Statesboro, and to all and singular the sheriffs, deputy sheriffs and constables of this State, by any one of whom the same may be executed, and who

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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 provided by the Code of the State of Georgia, 1895, sections 732, 733, 734, 735, in cases of sales for taxes. Municipal claims, how collected. SEC. 40. Be it further enacted by the authority aforesaid, That the cost of the issuing and levying of any execution authorized by this Act, and of the sale of any property under the same, shall be paid by the person against whom said execution shall issue, or paid out of the proceeds of the property levied on and sold. And the city council of said city are authorized to prepare and establish a fee-bill of said costs. Fee-bill. 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 thirty days as sheriff's sales are advertised, he shall sell the property levied upon before the court-house door in Bulloch county, on a regular sheriff's sale day, within the legal hours of sheriff's sales, at public outcry, to the highest bidder, and execute titles to purchaser, and shall have the same power to place the purchaser in possession as sheriffs of the State have; provided, however, should any of the property levied upon, as before provided, remain in the hands of the levying officer and is of a perishable nature or liable to deteriorate in value from keeping, or there is expense attending the keeping of the same (the same not being real estate), it may be sold as in such cases provided by sections 5463 and 5464 of the Code of Georgia, 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 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. Municipal 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 39 of 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 privilege shall belong to the person against whom executions issue to file an illegality to said execution,

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and to any person not a party to said execution to file a claim to the property levied on and give bond, as if said executions issued from a justice's or superior court of this State. The papers connected with said claim or illegality cases shall be returned to that court, according to amount involved, in said Bulloch county, as by the laws of Georgia, has jurisdiction to try other claims and illegalities. In the event the real estate levied on lies in another county, and claim or illegality shall be filed, then such case shall be tried in that court in the county where the land lies, as according to amount involved, has jurisdiction to try similar claims and illegalities. In all cases the officers making sale under said executions shall execute title to the property sold and put the purchaser in possession of the same. Defenses to executions. 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 arising from the sale of any bonds thus issued may refund existing debts, establish and maintain a system of water-works, a system of lights, a public school system, may 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 and issue bonds. 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 Statesboro, 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 building 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

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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 Statesboro, at an election held under the same rules and regulations as other city elections, and of which notice shall be given by publication of same once a week for four weeks in the official gazette of Bulloch county. Those favoring the levying of said tax shall vote in said election, for levying tax, and those opposing same, against levying tax, and if two thirds of the qualified voters vote in said election in favor of levying tax, then the council of said city shall be authorized to levy and collect the same. Public buildings. SEC. 46. Be it further enacted by the authority aforesaid, That every male person between the ages of sixteen and fifty years, who has resided in said city thirty days, shall be liable and subject to work on the streets and sidewalks of said city not to exceed twenty 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, as the 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 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 guardhouse or county jail, by permission of the county authorities, not exceeding fifty 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. Street duty or commutation tax. SEC. 47. Be it further enacted by the authority aforesaid, That there shall be maintained in said city of Statesboro a system of public schools to be conducted in the manner hereinafter prescribed. There shall be a board of trustees of the schools of said city consisting of five members, who shall be elected by the mayor and council of said city, which election shall be held at the first regular meeting of said city council in December of each year. Two members of said board of trustees shall be elected one year, two the next year, and one the next year thereafter, the term of each member being for three years. Before the members of said board of trustees enter upon their duties as such they shall take and subscribe to the oath required of the county board of education. Public schools. SEC. 48. Be it further enacted by the authority aforesaid, That the following persons shall constitute the board of trustees provided for in section 47 of this Act, until their respective

Page 619

terms of office expire and until their successors are elected: W. C. Parker and J. W. Wilson, whose terms expire on the first Tuesday in December, 1904; J. A. Brannen and W. M. Fay, whose terms expire on the first Tuesday in December, 1903, and Linton Cone, whose term expires on the first Tuesday in December, 1902. Board of trustees. SEC. 49. Be it further enacted by the authority aforesaid, That there shall be maintained for at least nine scholastic months in each year, under the provisions of this Act, one or more schools for white children and one or more schools for colored children. All children of school age who are entitled to the benefits of the public school fund under the laws of this State, and who bona fide reside with their parents, guardians or natural protectors within the corporate limits of said city, shall be admitted to the aforesaid schools upon payment of such fees only as the board of trustees of said schools may deem necessary to meet such expenses of said schools as are not otherwise provided for under the provisions of this Act. 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 trustees not in conflict with the laws of this State. Scholastic terms, tuition, etc. SEC. 50. Be it further enacted by the authority aforesaid, That said board of trustees shall have authority to employ teachers for said schools, fix their salaries, make rules for the government of themselves, the teachers and pupils of said schools, make grades therein and prescribe the studies thereof. Said board of trustees shall have sole authority to contract with teachers for said schools, and after the passage of this Act neither the board of education of Bulloch county nor the county school commissioner shall 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 in said city other than herein provided for, and it shall not be lawful for said county board of education or said county school commissioner to establish or maintain any school or schools within two miles of the corporate limits of said city. Teachers. SEC. 51. Be it further enacted by the authority aforesaid, That the city council of said city shall have a school census of said city taken, and it shall be the duty of the person by whom such census is taken to furnish copy of same to the State school commissioner, who shall pay over to the treasurer of said city such proportion of the educational fund of this State as the pupils of said schools are entitled to by law. And after the

Page 620

passage of this Act a separate census shall always be taken for the schools of said city. State school fund, pro rata share. SEC. 52. Be it further enacted by the authority aforesaid, That the mayor and council of said city of Statesboro shall have power and authority to issue bonds of said city not to exceed $15,000 in amount, under restrictions hereinafter prescribed, for the purpose of establishing additional schools in said city and for improvements and additions to such as may be already established. Said bonds shall run for a term not exceeding twenty years, and said mayor and council may provide for their maturing at any time during twenty years. Said bonds, when issued, shall be sold and their proceeds turned over to the board of trustees of said schools to be used by said board for the purposes mentioned in this section and for no other. Before said bonds shall be issued it shall be so recommended by the board of trustees, and the question of their issuance shall be submitted to the legally qualified voters of said city. For this purpose the mayor and council, upon recommendation of the board of trustees, 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 Bulloch county. Said election shall be governed by the ruels and regulations governing elections for mayor and council of said city, and the qualifications of the electors shall be the same. Each voter shall have printed or written on his ballot the words For school bonds, or Against school bonds, and if twothirds of the qualified voters of said city vote For school bonds, it shall be the duty of the mayor and council of said city to issue them at once, and the method of ascertaining the number of qualified voters in said city at the time of said election shall be as prescribed by section 380 of the Code of Georgia. At the time said bonds are issued the mayor and council of said city shall provide for the levy and collection of an annual tax, if necessary, in addition to all other taxes now authorized by law, of sufficient amount to pay promptly principal and interest of said debt when the same shall become due, nor shall any part of the fund so raised be used for other purposes. If any school property of said city be sold, the funds arising therefrom shall be reinvested in other property for school purposes or applied to liquidation of said bonds. School bonds. SEC. 53. Be it further enacted by the authority aforesaid, That the mayor and council of said city of Statesboro are hereby authorized to levy and collect an annual tax upon all the property, real and personal, in addition to that now authorized by

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law, not to exceed one per cent. of the taxable property of said city, as shown by the regular tax digest of property prepared for purposes of city taxation, for the purpose of supporting the schools of said city, upon first complying with the following regulations, to wit: Before any school shall be supported at the expense of the city the mayor, upon a recommendation by the board of trustees of the schools of said city, shall advertise an election in the official gazette of Bulloch county once a week for four weeks, to be held at the court-house in said city, at which election 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. The elector at said election shall indorse on his ballot For tax, or Against tax, and if two thirds of all the qualified voters be For tax, then and in that event said corporate authorities shall levy the tax prescribed in this section for the support of the schools of said city. In the event the schools of said city are thus supported, the amount paid to the white schools shall be the pro rata part of the tax paid by the white taxpayers of said city, and the amount paid to the colored schools shall be the pro rata part of said tax paid by the colored taxpayers of said city, as shown by the tax digest of the city. School tax. SEC. 54. Be it further enacted by the authority aforesaid, That said city council shall have the power and authority to impose a license 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 said city council, the said city 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. 55. Be it further enacted by the authority aforesaid, That said city council shall have the power and authority, by ordinance, to prescribe the limits and regulate the time within which children under the age of sixteen are prohibited from loitering or congregating on the streets and alleys of said city, and to prescribe the penalty for the violation of said ordinance. Loitering. SEC. 56. Be it further enacted by the authority aforesaid, That said city council shall have the power and authority to provide for the erection and maintenance in said city of gasworks,

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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 and empowered to make contracts with individuals or corporations erecting gas, electric light and water-works for the purpose of furnishing said city with light and water, and may in said contracts bind the city to pay such amounts of same, regulate prices and limit rates to individual consumers, and guarantee such privileges to the individual or corporation erecting and operating same as they may deem proper. Electric lights and water-work. SEC. 57. Be it further enacted by the authority aforesaid, That the city council of said city shall have the power and authority to purchase, erect, equip, operate and maintain for said city a water-works system, gas or electric light plant, and may bond the city for an amount not to exceed $30,000 for the erection and maintenance of such water-works system or light plant, upon complying with the following conditions, to wit: Before any water-works system, gas or electric light plant shall be erected, owned and operated by said city, and before said city shall be bonded for their erection or purchase and maintenance, the mayor, upon a recommendation of a majority of the council, shall order an election, of which at least thirty days' notice shall be given by publication of such notice in the official organ of Bulloch county. Said election shall be governed by the rules and regulations governing elections of mayor and council in said city, and the qualification of electors 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 city cast their ballots For bonds it shall be the duty of the mayor and council to issue them at once; and the method of ascertaining the number of qualified voters in said city at the time of said election shall be that pointed out by section 380 of the Code of Georgia, 1895. Should said bonds be issued and a water-works system or gas or electric light plant come under the control and ownership of said city, the mayor and council shall prescribe the method of its operation, and may appoint a superintendent of the same and supervise generally said system or plant. It shall be the duty of said mayor and council to publish in December of each year in some public gazette of said city a statement of the expenses and income of said system or plant. It shall be the duty of the said mayor and council to regulate the rates to be

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charged the consumers for said light and water, and in no event shall the income to said city from said water-works system, gas or electric light plant exceed an amount sufficient to provide a sinking-fund for the payment of the principal sum due on said bonds, to provide a sum for the payment of interest on the same, and to provide for the operating expenses of said system or plant until the principal and interest due on said bonds shall have been paid, when said city council may direct that all income from said water-works system or gas or electric light plant, except the expenses of running same, be devoted to the school fund of said city. Election for bonds. SEC. 58. 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 or 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, gutters; to lay off and improve public parks and grounds; to keep all public grounds, streets, sidewalks, lanes, alleys or other ways 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 streets, sidewalks, alleys, lanes, avenues or other ways; to require adjacent landowners 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 landowners or lessees so to do, the authorities of said city may have such work done and collect the cost thereof from the adjacent landowners or lessees by execution, as other taxes are collected. Streets, etc. SEC. 59. 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 time 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 the widening or changing of the old street, lane or alley, and make claim for damages

Page 624

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 or through which 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 by reason of the changing or widening of 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 these two shall select a third, and, in case the said owner or his agent shall refuse to select an assessor, the ordinary of Bulloch 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 Bulloch county, under the law governing appeals in other cases. Damage to property, how assessed. SEC. 60. 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, yard or public place within city, and to prevent any injury of any kind to any street, alley or public grounds or public buildings of said city. Street regulations. SEC. 61. Be it further enacted by the authority aforesaid, That the city council of said city shall have the right and power to provide for and regulate the 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, signposts, awnings, telegraph and telephone poles, horse-troughs, racks, and for posting handbills and advertisements; to regulate or prohibit the crying of banners, handbills and play-cards on the streets and sidewalks and public places of said city. Street regulations. SEC. 62. Be it further 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

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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, known as fire limits, which shall have been damaged by fire, decay or otherwise to the extent of forty per cent. of their value, shall be torn down and 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 fireproof, and erected in violation of the ordinance of said city, to be removed at the expense of the owner or builder thereof, to be collected by execution as in case of other executions 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 ordinance. Said city council shall have the right and power to prohibit and prevent the construction and use of dangerous chimneys, fireplaces, hearths, stoves, stovepipes, ovens, boilers, gasoline or other lamps, 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 from fire. Fire limits SEC. 63. 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 reason, said mayor shall report the same to the city council at a regular or called meeting of the same. 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 to the owner or tenantin 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 costs 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

Page 626

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 expeditions 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. 64. 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, chickens and all other animals and fowls from running at large in said city, and to prevent, regulate or prohibit the keeping of hogs and cattle in said city, and to punish the owners of such animals and fowls who refuse to obey an ordinance to carry this authority into effect. 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 impounded animals or fowls before their release; to regulate the mode and manner of sale or disposition of impounded animals or fowls where pound fees or penalties or cost is not paid; to provide for 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 said pound. Stock pounds. SEC. 65. Be it further enacted by the authority aforesaid, That the city council of said city shall have the right and authority to provide for the inspection of steam boilers, to regulate and prevent the storage of gunpowder, tar, pitch, rosin, coal oil, benzine, naphtha, turpentine, cotton, petroleum, kerosene oil, nitroglycerine, dynamite or 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; to regulate or prevent the use of fireworks, firecrackers, torpedoes, skyrockets, Roman candles and other pyrotechnic displays. Explosives SEC. 66. Be it further enacted by the authority aforesaid, That said city council shall have the 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

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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, 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 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. 67. Be it further enacted by the authority aforesaid, That said city council shall have the right and power 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, automobiles 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 said city, and to prohibit the sale or exhibition of any obscene or immoral publication, prints, pictures or illustrations. Police powers. SEC. 68. 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 establishment within the limits of said city; to compel the owner of any cellar, stable, pig-sty, privy, sewer or any other unwholesome or nauseous house or place to cleanse, abate or remove the same. Nuisances. SEC. 69. Be it further enacted by the authority aforesaid, That the mayor and council of said city are hereby authorized and empowered to fix the license for the sale of liquors, wines and all other beverages containing any alcoholic stimulants whatever at not less than twenty-five thousand dollars ($25,000) per year, and any person before selling shall pay to the treasurer of said city the said sum of twenty-five thousand dollars ($25,000), and receive license; and should any person sell any quantity of liquors, wines or beverages in said city without having paid the license fee as aforesaid, the mayor of said city is hereby authorized and empowered to issue an execution instanter, signed by himself and the clerk of said city

Page 628

council, and directed to the chief of police of said city against the seller, which execution shall be levied on any property of the seller found in said city, and sold as is provided in other levies and sales; and should an illegality be filed by the person against whom the fi. fa. is issued, the same shall be heard and determined by said mayor and council, and if such person desire to certiorari to the superior court from the decision of said mayor and council, he must execute a bond with good security in the sum of ten thousand dollars ($10,000) payable to the said mayor and council, and to be approved by the mayor, and should the judgment of the mayor and council overruling the illegality be sustained by the higher court, then said bond to be collected from the principal and his sureties. Liquor, etc., sale of. SEC. 70. Be it further enacted by the authority aforesaid, That in addition to the remedy provided for in section 69 of this Act, the said mayor and council are hereby authorized and empowered to make it unlawful to keep for illegal sale or to sell without license, as provided in section 69, any ardent, spirituous or malt liquors, any wines, beers, ciders, drinks or beverages of any kind whatever, and make such places where such drinks or beverages are kept for sale a public nuisance. Illegal sales. SEC. 71. Be it further enacted by the authority aforesaid, That should the mayor and council exercise the authority vested in them by section 70 of this Act, and any person should thereafter be convicted before said mayor of keeping for sale, contrary to the provisions of this Act, any of the liquors or beverages mentioned in said section, or of maintaining a public nuisance as therein described, such person shall be punished by a fine of not more than fifty dollars for every day that such liquors are shown to have been kept for illegal sale or such nuisance maintained, or be worked upon the streets or other public works of said city for not more than six months, or confined in the town prison for not more than six months. And the said mayor may in his discretion impose upon the person so convicted any one or more of these penalties. Penalty. SEC. 72. 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 quarantine against such diseases, and to punish any violation or infringement of the quarantine rules and regulations of said city. The city council of said city shall also have the power and authority to establish, build and maintain hospitals or pest-houses within the limits of said city or outside those limits,

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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, 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 59 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 the smallpox within the limits of said city, and who do not provide their premises with sufficient guards to completely quarantine them; but even when the premises on which said persons may be who shall have the smallpox 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 working 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 pertorm 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 as the said council may by ordinance prescribe, consistent with the provisions of this Act. Quarantine, etc. SEC. 73. Be further it enacted by the authority aforesaid, That the city council of said city shall have the power and authority to offer and pay suitable rewards for the detection, prosecution and conviction of persons committing within the limits of said city crimes against either the laws of the State of Georgia or against the rules, regulations and ordinances of said city of Statesboro. Rewards. SEC. 74. 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

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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 welfare. SEC. 75. Be it further enacted by the authority aforesaid, That all by-laws, ordinances, resolutions, rules and regulations heretofore passed and enacted by the council of the town of Statesboro not heretofore repealed and of force under the charter of the town of Statesboro now repealed by this Act, and not in conflict with this Act, are hereby reenacted and made of binding force and effect under this charter until the same are repealed by vote of the city council of the city of Statesboro. Existing ordinances SEC. 76. Be it further enacted by the authority aforesaid, That all legal contracts heretofore entered into by the town of Statesboro, or the corporate authorities thereof, shall be good and valid for or against the city of Statesboro to the same extent that they would have been good or valid for or against the town of Statesboro had this Act not been passed. All the rights and liabilities of the town of Statesboro shall accrue and survive to and against the city of Statesboro. All property and the right thereof now held and owned by the town of Statesboro shall be and become the right and property of the city of Statesboro. Contracts. SEC. 77. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 6, 1902. STATHAM, TOWN OF, INCORPORATED. No. 51. An Act to incorporate the town of Statham, in Jackson county; to confer certain powers on the municipal authorities of said town; to limit the rate of taxation to one-half of one per cent.; to provide that sections 703, 696, 699, 701, 705, 717, 718 of the Code of Georgia for 1895 be made a part of the charter of said town, and to provide for the registration of qualified voters of said town, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the town of Statham, in the county of Jackson, be, and is, hereby incorporated as a town under the name of the town of Statham. Statham, town of, incorporated.

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SEC. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall be as follows: Beginning at the center of the waiting-room of the Seaboard Air Line depot and extending one-half mile in all directions. Corporate limits. SEC. 3. Be it further enacted, That the municipal authority of said town shall be a mayor and four councilmen, who, together, shall form a common council; but no person shall be eligible to either of said offices unless he shall be a qualified voter of said town as hereinafter prescribed. Mayor and councilmen. SEC. 4. Be it further enacted, That the mayor and council of said town shall be J. C. Daniel, mayor, and James Burson, Charlie Chambers, A. L. Malcom and E. Nichelson, councilmen, who shall serve until their successors are elected as hereinafter prescribed. Mayor and councilmen. SEC. 5. Be it further enacted, That said J. C. Daniel, mayor, and James Burson, Charlie Chambers, A. L. Malcom and E. Nichelson, councilmen, and their successors in office, shall be, and the same are, hereby made a body politic and corporate by and under the name of the town Statham, and shall have a common seal, and by that name may sue and be sued, plead and be impleaded, purchase and acquire and hold property, both personal and real, and shall be authorized to sell, lease, rent or otherwise dispose of property, both personal and real, for the benefit of said town, and shall exercise all the corporate powers, rights and privileges granted by and under the laws of this State to like municipalities. Corporate powers. SEC. 6. Be it further enacted, That on the second Tuesday in February, 1904, and annually thereafter for council, and biennially for mayor, an election shall be held in said town. Elections. SEC. 7. Be it further enacted, That after the second Tuesday in February, 1904, the term of office for said mayor shall be for two years, and the term of office of two councilmen shall be for one year and for two councilmen two years, but thereafter the term of all councilmen shall be two years, the same being elected two at one election and two at the next. Terms of office. SEC. 8. Be it further enacted, That the qualified voters of the said town shall be those qualified to vote for members of the General Assembly from said county, and who have resided for six months immediately preceding any election within the corporate limits of said town, and shall have paid all taxes due by them to said town, including fines and street tax, and shall have registered as hereinafter prescribed. Electors. SEC. 9. Be it further enacted, That the treasurer of said town shall be ex officio registrar of said town and open books for the purpose of registering voters on the first Monday in January,

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1904, and annually thereafter on the same day, and shall cause said books to be kept open until three o'clock p.m. on the first Monday in February thereafter, at such public place or places as he may designate, and said books shall be open each and every day except Sunday from 8 a.m. until 3 p.m., between the days above named, and said registrar shall register all male citizens who are qualified to vote as prescribed in section 8 hereof, and shall apply in person within the time prescribed, and who shall take and subscribe to the following oath, which said treasurer is hereby authorized to administer, to wit: You do solemnly swear that you are a citizen of the United States; that you have resided within the State of Georgia for twelve months past, and within the corporate limits of the town of Statham for six months immediately past; that you are twenty-one years old; that you have paid all taxes required of you for the State and county, and since the adoption of the Constitution of 1877, except for this year; that you have never been convicted of a felony or larceny; that you have paid all taxes legally required of you by the town of Statham, including street taxes and all fines imposed; so help you God. Registration of voters. SEC. 10. Be it further enacted, That the mayor and council, before entering on the duties of their respective offices, shall subscribe the following oath, administered by any person authorized by the law to administer oaths, to wit: I do hereby solemnly swear, or affirm, that I will faithfully discharge all the duties incumbent upon me as mayor (or councilman) of the town Statham, according to the best of my ability; so help me God. Oath of mayor and councilmen. SEC. 11. Be it further enacted, That when a vacancy shall occur from any cause in the office of the mayor or in the council, the vacancy shall be filled by the appointment by the council from among the citizens of said town eligible as herein prescribed. Vacancies. SEC. 12. Be it further enacted, That the council shall elect a clerk and treasurer and a marshal, each of whom shall be required to give bond and security acceptable to the mayor in such penal sum as may be prescribed by the council, payable to the corporation, conditioned faithfully to collect and pay over, as said council may require, all taxes, fines, forfeitures or other money or income of said corporation. The term of office of the clerk and treasurer and of the marshal shall be two years from February, 1904. Clerk and treasurer. SEC. 13. Be it further enacted, That all the provisions contained in section 703 of the Code of Georgia for 1895 be, and the same are, hereby made a part of this charter in as full and complete a manner as if said provisions were herein set forth in detail; also, that it shall be the duty of the marshal to perform such other acts as said council may prescribe. Marshal.

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SEC. 14. Be it further enacted, That the mayor and council of said town, or the mayor of said town where the sections so state, shall have all the authority, rights, powers and privileges prescribed by and in sections 696, 699, 701, 703, 705 and 707 of the Code of Georgia for 1895; and the authority, right, powers and privileges prescribed in said sections 696, 699, 701, 703, 705, and 707 of the Code are hereby conferred upon the mayor, where the section so states, and by the mayor and council of said town in as complete and full a manner as if said provisions were herein set forth in detail. General powers and duties. SEC. 15. Be it further enacted, That the mayor shall receive a salary not to exceed $25.00 per annum, and councilmen shall serve without compensation, except they shall be exempt from street duties. Salary of mayor. SEC. 16. Be it further enacted, That the mayor and council shall have the power to levy a tax not to exceed one-half of one per cent. on all property, real and personal, subject to the State and county tax within the corporate limits of said town, for the purpose of carrying out the provisions of this charter, and further, that the said tax rate shall not be raised or increased for any purpose within the next five years after the passage of this bill. Taxing power. SEC. 17. Be it further enacted, That it shall be the duty of the mayor and council of said town to elect three assessors as is made optional in section 717 of the Code of Georgia, 1895, and further, it shall be the duty of the said mayor and council to carry into effect all the provisions of said section 717, except that any citizen dissatisfied with decision of said assessors shall have the right to appeal to the council, whose action shall be final; and it shall be the duty of said mayor and council to carry into effect all the provisions of section 718 of the Code of Georgia of 1895. Tax assessors. SEC. 18. Be it further enacted, That said mayor and council shall have the power and authority to provide for the arrest, trial and punishment of offenders against any ordinance, by-laws, rule or regulation of said town, by fine and imprisonment, or by fine or by work on the streets and improvements in lieu of fine; provided, said fine shall not exceed $200.00 nor imprisonment or work on the streets for ninety days. Arrests, etc., of offenders. 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. Approved December 5, 1902.

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STATHAM, TOWN OF, CHARTER REPEALED. No. 40. An Act to repeal an Act incorporating the town of Statham, in Jackson county, approved December 20, 1892, and also to repeal an Act entitled an Act to incorporate the town of Statham, in Jackson county, approved December 16, 1895. 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 approved December 20, 1892, incorporating the town of Statham, in Jackson county, be, and the same is, hereby repealed; also an Act approved December 16, 1895, incorporating the town of Statham, in Jackson county, be, and the same is, hereby repealed. Statham, town of, charter repealed. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 6, 1902. SUMMERVILLE, VILLAGE OF, CEMETERIES FOR. No. 12. An Act to authorize and empower the village of Summerville, in the county of Richmond, to provide and maintain cemeteries, burial grounds or places for the interment of the dead, either within or without the limits of the village of Summerville, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the village of Summerville, in Richmond county, is empowered to acquire and hold lands by purchase, lease or donations, for the purpose of maintaining and providing thereon cemeteries or places for the burial of the dead. Summerville, cemeteries for. SEC. 2. Be it further enacted, That the said village of Summerville shall be empowered to hold lands for the purposes as provided in the foregoing section, either within or without the territorial limits of the said village as now defined, and if it should maintain a cemetery or place for the burial of the dead under the powers conferred by this Act outside the limits of said village, said village of Summerville shall have and may maintain police jurisdiction thereover. Lands for.

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SEC. 3. Be it further enacted, That the said village of Summerville may pass all ordinances and adopt all rules and regulations which in its discretion it may deem necessary and proper for the maintenance and regulation of such cemetery or cemeteries, be the same within or without the limits, and may regulate and prescribe upon what terms interments may take place; may grant by sale or lease, right of burial in such cemetery or cemeteries, or may permit burials without charge, and shall be empowered to collect such fees or other charges as it may make for the right of burial as aforesaid, and may appoint and employ necessary agents and servants for the proper maintenance and conduct of such cemetery or cemeteries, and do and perform all other acts that may be necessary and proper for the proper maintenance and conduct of cemeteries or burial places which it may provide under the terms of this Act. Maintenance and regulation SEC. 4. Be it further enacted, That the intendant, the commissioners and their successors in office shall be authorized to accept, for and in behalf of the village, any trust created by deed or will which conveys property, the income of which is to be applied to the care and keeping in order of any section or sections in the cemetery and the preservation of the monuments thereon, with authority to punish for any trespass which may be committed on said section or sections so provided for. Trusts for. SEC. 5. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved November 25, 1902. SUMMERVILLE, VILLAGE OF, BONDS FOR WATER-WORKS. No. 14. An Act to authorize the village of Summerville, in the county of Richmond, to issue not exceeding twenty-five thousand dollars of bonds for the purpose of extending and enlarging the water-works and sewerage system of said village, and improving the public streets, roads and alleys therein, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That the village of Summerville, in the county of Richmond, is hereby authorized to issue from time to time its negotiable bonds, to an amount not exceeding in the aggregate twenty-five thousand

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dollars, for the purpose of raising money by the sale, or negotiation thereof, to be applied to enlarging the water-works and sewerage system in said village and improving the public streets, roads and alleys therein. Summerville, bonds for water-works and sewers. SEC. 2. Be it further enacted, That said twenty-five thousand dollars of negotiable bonds may be issued all at one time, or only a part at one time, and each bond may be of such an amount and bear such rate of interest as said village of Summerville may determine; provided, nevertheless, before any bonds shall be issued in accordance with the provisions of this Act the question of the issuing of the same shall be submitted to popular vote in accordance with the sections of the Code and the provisions of the Constitution of this State regulating the conditions and manner in which municipal corporations may incur a bonded debt and issue bonds evidencing the same. Election for bonds. SEC. 3. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved November 25, 1902. SYLVANIA, CITY OF, INCORPORATED. No. 62. An Act to incorporate the town of Sylvania as the city of Sylvania; to confer additional powers upon said corporation; and to codify, amend and supersede all previous Acts incorporating the town of Sylvania; to grant a new charter to said town under the name of the city of Sylvania, 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 territory now embraced in what is known as the town of Sylvania, in the county of Screven, be, and the same is, hereby incorporated as the city of Sylvania, in the county of Screven, State of Georgia, and that said territory shall hereafter be known and designated as the city of Sylvania. Slyvania, town of, made a city. SEC. 2. Be it further enacted by the authority aforesaid, That the officers of the said town of Sylvania shall be and act as officers of the said city of Sylvania until the next election to be held on the first Thursday in January, 1903, and until their successors are elected and qualified; and that all legal and valid contracts heretofore

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entered into by the corporate authorities of the town of Sylvania shall be good and valid for and against the city of Sylvania, and that all property now held and owned by the town of Sylvania shall be and become the property of the city of Sylvania. Officers. Contracts. SEC. 3. Be it further enacted by the authority aforesaid, That the said city of Sylvania shall hereafter be governed by and subject to the same laws and ordinances, and its officers have the same powers and duties, as if the charter of the town of Sylvania had not been amended, and as if said town had not been changed from a town to a city, but said corporation shall hereafter be known and designated as one of the cities of the State of Georgia. Laws and ordinances of. SEC. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 12, 1902. SYLVESTER, TOWN OF, CHARTER AMENDED. No. 115. An Act to amend an Act entitled an Act to incorporate the town of Sylvester, in the county of Worth, 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 Georgia, and it is hereby enacted by the authority of the same, That the Act incorporating the town of Sylvester, in the county of Worth, approved December 21, 1898, be, and the same is, hereby amended by adding thereto the following additional section, to be known as section 20: That the mayor and council shall have power and authority to grant or sell, on such terms as they deem advisable, franchises to any person, persons, firm or corporation for the construction and operation of street railways, gas or electric light plants, telephones, telegraphs, water-works, and such other franchises as may be desired; provided, however, that nothing herein shall be construed as taking from the authorities of said town the right to contract and operate, at the town's expense, and for the benefit of the town, water-works, railways, telephones, telegraph or lighting plants, unless such right is waived

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by the grant of the franchise to some other incorporation, firm or person. Sylvester, town of. Franchises of. SEC. 2. Be it further enacted by the authority aforesaid, That all laws or parts thereof, in anywise conflicting with this Act be, and the same are, hereby repealed. Approved December 17, 1902. TEMPLE, TOWN OF, CHARTER AMENDED. No. 39. An Act to amend an Act approved November 23, 1901, creating a new charter for the town of Temple, Georgia, by amending section 3 and repealing section 13 of said charter, 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 Act creating a new charter for the town of Temple, Georgia, approved November 23, 1901, be amended by adding to the end of section 3 of said charter the following words: Provided, that if no election be held for mayor and council on the regular day, an election may be held at any time by giving the voters at least five days' notice by posting said notice at three or more public places in said town, so that said section, when amended, shall read as follows: 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 said town for a mayor and five councilmen, who shall hold their offices for a term of one year, or 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 term of all officers thereafter shall commence on first Monday in January and continue one year; provided, that if no election be held for mayor and council on the regular day, an election may be held at any time by giving the voters at least five days' notice by posting said notice at three or more public places in said town. Temple, town of. Election of mayor and councilmen. Terms of office. SEC. 2. Be it further enacted, That section 13 of said charter be, and the same is, hereby repealed.

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SEC. 3. Be it further enacted, That said charter, as amended, shall take effect immediately upon the passage of this Act. SEC. 4. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved December 5, 1902. TENNILLE, CORPORATE LIMITS EXTENDED. No. 57. An Act to amend the charter of the city of Tennille, enlarge the incorporate limits, 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 incorporate limits of the city of Tennille shall be extended so as to include within the territory of said city, running east from a point in the center of the Central of Georgia Railway company's right of way, six hundred feet from the present eastern limits of said city of Tennille, including the northern half of said right of way for the full distance of six hundred feet, thence north twelve hundred and seventy-five feet, thence west to the present northern limits of said city of Tennille in the center of the Augusta Southern Railway Company's right of way, including the Tennille Cotton Mill addition, and all other property within the above described lines. Tennille, corporate limits. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 6, 1902.

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THOMASVILLE, CHARTER AMENDED. No. 163. An Act to amend the charter of the city of Thomasville as embodied in the Act of October 3, 1889, so as to provide for the election of the marshal, treasurer and sexton by the qualified voters thereof, and to provide the manner of fixing their salaries; to grant additional power to said city in regulating the manner and conditions upon which domestic animals and dogs may be kept in or excluded from such city, and for other purposes. SECTION 1. Be it enacted by the authority aforesaid, That the power heretofore vested in the mayor and aldermen of the city of Thomasville to elect the marshal, treasurer and sexton is hereby revoked, and said officers shall be hereafter elected by the qualified voters of said city, and at the same time and in the same manner as the mayor and aldermen of said city are now elected. All vacancies caused by death, resignation or otherwise of any of said officers shall be filled by election by the mayor and aldermen to fill the unexpired term of said officers, and the salaries of said officers shall be fixed by the mayor and aldermen of the preceding year and prior to the election of said officers. The officers so elected shall be subject to the same management and control of the mayor and aldermen as now provided by said Act, or as shall hereafter be adopted by them, relating to their qualification bonds and general conduct as officers of said city. Thomasville, election of officers. SEC. 2. Be it enacted by the authority aforesaid, That said mayor and aldermen, in addition to the powers granted by section 15 of said Act, shall be empowered to pass ordinances providing for the sale of any of the domestic animals mentioned in said section after being impounded for not less than three days, said sale to be public and to the highest bidder; the proceeds of said sales, after paying fees and costs of the officers, to be deposited in the treasury of said city subject to proof of ownership of the animals sold. Said mayor and aldermen may provide for the killing of all dogs before or after being impounded whose owners shall fall to pay such license as may be required of them and to conform to such rules as may be adopted by them regulating the keeping of dogs within said city limits. Sale of impounded stock. SEC. 3. Be it enacted by the authority aforesaid, That all laws

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and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902. TIFTON, CHARTER REPEALED. No. 76. An Act to repeal an Act approved December 30, 1890, chartering the city of Tifton, incorporating the same as the mayor and council of Tifton, and the several Acts amendatory thereof, and constituting the present charter of the city of Tifton, in Berrien county, Georgia. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act approved December 30, 1890, chartering the city of Tifton, and the Acts amendatory thereof, approved December 16, 1897, and December 22, 1898, and all other Acts constituting the present charter for the city of Tifton, be, and the same are, hereby repealed. Tifton, charter repealed. SEC. 2. Be it further enacted by the authority aforesaid, That this Act shall become operative when a bill entitled Tifton, city of, Incorporated, etc., shall have been approved by the Governor of the State of Georgia. SEC. 3. Be it further enacted by the authority aforesaid, That all other Acts and parts of Acts in conflict with this Act be, and the same are, hereby repealed. Approved December 10, 1902.

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TIFTON, CITY OF, INCORPORATED. No. 121. An Act to incorporate the City of Tifton; to provide that all valid contracts heretofore entered into by the town of Tifton or by the mayor and council, shall be good and valid for or against the City of Tifton; to provide that all property now owned or held by the town of Tifton or by the mayor and council of Tifton shall be and become the right and property of the City of Tifton, and that all rights and liabilities of the town of Tifton or the mayor and council of Tifton shall accrue either to or against the City of Tifton, as the case may be; to provide that all ordinances of the town of Tifton or of the mayor and council of Tifton, not in conflict with this charter shall be valid and enforcible as ordinances of the City of Tifton; to define the limits of the City of Tifton; to provide for a mayor and councilmen and other officers for the City of Tifton, 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 water-works; to provide for a board of health; to declare and define the police powers of said city; to provide for the condemnation of private, public or semi-public property for the use of said city, and to define a method of arriving at the value of such property and compensating the owner therefor; to authorize the City of Tifton to establish a public school system, a system of water-works and a system of electric lights, under such retrictions as are provided by State law, whenever in the judgment of the mayor and council of said city such course may be deemed advisable, and to issue bonds for any one or all of these purposes under such restrictions as are provided by State law; to provide for taxation and the granting of licenses to all kinds of business, trades, callings or professions, and to grant a charter to said city under the corporate name of the City of Tifton, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the city of Tifton, in the county of Berrien, is hereby incorporated. Its corporate

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limits shall embrace and include all the territory within the following described boundaries: Beginning at the center of the railroad crossing of the Georgia Southern and Florida Railway and the Atlantic Coast Line Railway (heretofore known as the Brunswick and Western R. R.) in said city, and running due south three-quarters of a mile, thence due east three-quarters of a mile, thence due north to the north line of the right of way of the said Atlantic Coast Line Railway, thence in a westerly direction along the said north line of the said right of way to the east line of an extension of Tift avenue in said city, thence north along the east line of said Tift avenue to the south line of Second street in said city, thence east along the south line of said Second street to a point directly north of the portion of said east line already defined, thence north to a point one and a half miles from the junction of the said south and east lines, thence due west one and one-half miles, thence due south one and one-half miles, thence due east three-quarters of a mile to the place of beginning the said south line; provided, that the territory bounded on the west by said extension of Tift avenue, on the north by Second street, on the east by an extension of the east line of said city, and on the south by the right of way of the Atlantic Coast Line Railway, shall be under as complete jurisdiction of the city of Tifton or of its mayor and council for sanitary and police purposes as though it were wholly within the corporate limits of said city; but provided further, that said city nor the mayor and council thereof shall never be at any expense on account of the said territory, but all expenses to proper sanitation and policing same shall be a charge against the property therein and the owners thereof, and such expenses shall be collected by execution and levy as in case of property located in the city of Tifton. The said defined territory is incorporated under the name and style of the city of Tifton, and the city of Tifton is hereby chartered and given all of the privileges and benefits conferred on cities by the Constitution and laws of Georgia, and by said name is established and may have perpetual succession, and is hereby invested with all of the rights, powers and privileges incident to municipal corporations in this State, or to cities thereof; and all rights, powers, privileges, titles, property, easements or hereditaments now belonging or in anywise appertaining to the town of Tifton, or to the mayor and council of Tifton, as heretofore incorporated, shall be, and are, hereby vested in the city of Tifton, as created by this Act; and the city of Tifton, in Berrien county, Georgia, created, established and declared by this Act,

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may in such name 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 of the United States; and the said city of Tifton 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 or here-ditaments of any kind whatsoever, within or without the corporate limits of said city for corporate purposes, and to sell, alien and convey, exchange or lease the same or any part thereof. The said city of Tifton, as created by this Act, is hereby made responsible, as a body corporate, for the legal debts and liabilities and undertakings of the said town of Tifton or of the mayor and council of Tifton, as heretofore incorporated; and all ordinances now in force in the town of Tifton, or enacted by the municipal authorities of the town of Tifton, or by the mayor and council of Tifton as heretofore incorporated, and not repugnant to this charter or the laws of Georgia, shall be and are, hereby continued in force in the said city of Tifton, incorporated under this Act; and the present mayor and council of the town of Tifton shall continue in office as the mayor and council of the city of Tifton, incorporated under this Act, until their present terms expire or their successors are elected and qualified, and all other officers of the town of Tifton shall continue in office in the city of Tifton until their present terms expire or their successors are elected and qualified, such officers being subject to dismissal and all other pains and penalties as are provided in this Act. Tifton, city of, incorporated Corporate limits. Corporate powers, duties and liabilities. SEC. 2. Be it further enacted, That the municipal government of the city of Tifton shall consist of a mayor and six councilmen, who shall be elected for and serve a term of two years each, or until their successors are elected and qualified, and such other officers elected by the said mayor and council as are herein provided for, or as may be necessary in carrying out the provisions of this Act. Mayor and councilmen. SEC. 3. Be it further enacted, That there shall be elected on first Wednesday in December, after the passage of this Act, a mayor and three councilmen, unless it be that the mayor's term of two years is not about to expire, in which event, three councilmen only, who shall each serve for a term of two years, or until their successors are elected and qualified; and biennially

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thereafter, at each of said elections, there shall be elected a mayor and three councilmen, or only three councilmen as above provided in the event the mayor's term of two years be not about to expire. In said elections the polls shall be opened at such place as the mayor and council shall determine, at least three days' notice being given of the place of holding such election, at 8 o'clock a.m., standard time, and closed at 3 o'clock p.m., standard time. Said elections shall be under the management and control of a justice of the peace and two freeholders resident of said city, or of three freeholders resident of said city, which said justice of the peace and freeholders shall be elected by the mayor and councilmen of said city then in office. The managers of said elections shall appoint two clerks and shall, together with said clerks, receive such compensation as may be agreed upon by said mayor and council, not exceeding three dollars per day each. Said elections, together with all other elections held in said city for any purpose, shall be held under the same rules and regulations as are prescribed by law for holding elections for members of the General Assembly of Georgia, in so far as said rules and regulations are applicable and are not in conflict with this Act. Elections of mayor and councilmen. SEC. 4. Be it further enacted, That the managers of elections in said city shall take before some officer authorized to administer oaths, or administer to each other the following oath: I __________ do solemnly swear that I will faithfully perform the duties of manager of this election to the best of my ability, prevent fraudulent and illegal voting, without fear or favor; so help me God. Election managers. SEC. 5. Be it further enacted, That immediately after the polls are closed said managers shall count the ballots cast, and after the ballots have been counted the tally-sheets and lists of voters shall be certified in writing by said managers in the following language, to wit: We do certify that the foregoing sheets or pages constitute the tally-sheets (or lists of voters, as the case may be) of an election for __________ held by us this _____ day of __________ and that they are an accurate and faithful record of the names and number of voters at said election. This _____ day of __________. Certificate of managers. ____________________, Manager. ____________________, Manager. ____________________, Manager. The tally-sheets and lists of voters shall then be sealed up together in an envelope, delivered to the clerk of the city and filed of record in his office. The ballots shall likewise be sealed in an envelope, delivered to the clerk and filed of record in his office. SEC. 6. Be it further enacted, That on the day next succeeding

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the election the managers thereof shall file a written report of the result with the city clerk, showing the number of votes cast and for whom cast. Upon the filing of said report the mayor and council, at their next regular meeting thereafter, shall declare the result of such election, and such declaration shall be entered of record by the city clerk on his minutes of said meeting. Report of managers. SEC. 7. Be it further enacted, That after thirty days from the day of said election, if no notice of contest has been given as to the result of said election, the clerk aforesaid shall destroy the ballots. Should any person, except under an order of court of competent jurisdiction, for any cause whatever, inspect either the tallysheets, lists of voters or ballots of said election after they have been filed with the clerk of the city as aforesaid, he shall be liable to fine or imprisonment, or both, in the discretion of the police court of said city. Ballots. SEC. 8. Be it further enacted, That the term of office of the mayor and council of the city of Tifton shall be two years from the first Monday in January after their election. On the said first Monday in January after their election the mayor and councilmen elect shall meet in the city hall, or other usual place of holding council meetings in said city, and there shall severally take, before some officer authorized under the laws of Georgia to administer oaths, the following oath of office, to wit: I do solemnly swear that I will well and truly demean myself as mayor (or councilman, as the case may be) of the city of Tifton for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor, so help me God. Should the mayor or any councilmen be absent from said meeting, he or they shall take said oath of office as soon as possible thereafter. Mayor and councilmen, terms of office. Oath. SEC. 9. Be it further enacted, That all persons who are qualified to vote for members of the General Assembly of the State of Georgia who shall have paid all taxes which have been legally imposed upon them by the authority of the State or by the city of Tifton (including street tax and business or specific tax), and which they have had an opportunity to pay agreeably to law, who have resided within the county of Berrien and in the city of Tifton for a period of one year next before said election, and who have registered as hereinafter provided, shall be qualified to vote at any election held in said city of Tifton. Electors. SEC. 10. Be it further enacted, That the registration book hereinafter provided for shall, at the opening of the polls, upon every election held in said city, be placed in the hands of the managers of the election by the city clerk, and no one shall be allowed to

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vote at said election whose name does not appear on said registration book, attested by the name of the clerk opposite as registrar. Registration of voters SEC. 11. Be it further enacted, That the clerk of said city shall keep open constantly at his office, except on Sundays and legal holidays, a book to be known as the Registration Book of the City of Tifton, in which the voters of said city shall register their names and ages in the presence of said clerk, and said clerk shall sign his name as registrar opposite the name of said voter. Said registration book shall close twenty days before each and every election to be held in said city. Before registering his name as aforesaid, each person shall sign the following oath, to wit: I __________ do solemnly swear (or affirm) that I am twenty-one years old, have resided in the State of Georgia one year, and in the county of Berrien and city of Tifton one year, or will have fulfilled these conditions by the date of the next election to be held in said city. I have paid all taxes due this State, county and city (including street and specific taxes or licenses) which have been required of me and which I have had an opportunity to pay agreeably to law, excepting only taxes for the current year; so help me God. The managers, or either of them, may, in their discretion, require the person offering to vote to take the oath aforesaid. Registration book. SEC. 12. Be it further enacted, That any person who shall vote illegally at any election held in the city of Tifton, under the authority of the law and this Act, shall be guilty of a misdemeanor and liable too prosecution in the county court or the superior court of Berrien county, and upon conviction shall be punished as prescribed in section 1039 of the Penal Code of Georgia. Illegal voting. SEC. 13. Be it further enacted, That should any contest arise over the result of any election for mayor or councilmen, it shall be determined as follows, to wit: the contestant, or contestants, shall, within ten days from the date of said election, by petition to the superior court of Berrien county, plainly, fully and distinetly set forth his or their grounds of complaint or 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 Berrien county. Immediately upon the filing of said petition with the clerk said clerk shall transmit a copy thereof to the judge of the superior court of said county, and shall furnish the contestees, as set out therein, each with a copy of said petition. Upon receipt of the copy of said petition the judge aforesaid shall fix a time and place of hearing and indorse the same on the copy of said petition; provided, that the time of said hearing of said petition shall not be more than sixty days nor less than thirty days from the date of his order, and

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may be either at the session of the superior court of said county or in vacation. Election contests. SEC. 14. Be it further enacted, That during the pendency of said contest the persons who have been declared elected, as heretofore provided, shall exercise the duties and receive the salary and emoluments of said offices. SEC. 15. Be it further enacted, That the mayor and council of said city shall fix the salaries of themselves and all other officers of said city government, unless otherwise provided by this Act. Salaries. SEC. 16. Be it further enacted, That whenever a vacancy from death, removal, resignation or otherwise shall happen in the office of mayor or councilmen, the remaining members shall immediately proceed by election to fill the vacancy, and the officer or officers so elected by the remaining members of council shall fill the unexpired term of the officer or officers in whose place they were elected, in the same manner and under the same restrictions and responsibilities as though they had been voted for at a regular city election. Should the mayor or any member of council fail or refuse to perform the duties of his office for a term of three consecutive months, the office may, in the discretion of the remaining members of council, be declared vacant, and the vacancy filled as in case of vacancy caused by death, removal or resignation. Vacancies. SEC. 17. Be it further enacted, That the mayor and council of the city of Tifton shall have power and authority to enact all such ordinances, from time to time, as they may deem necessary to enforce the provisions of this charter, to suppress disorderly conduct, to protect life and property, to maintain the public peace, and to protect the public health, which are not repugnant to the laws of the United States or of this State. General welfare. SEC. 18. Be it further enacted, That the mayor or the mayor pro tem. and three councilmen, or four councilmen (who may elect one of their number to preside), shall for all purposes under this charter constitute a quorum for the transaction of any and all business, whether legislative or judicial, though a smaller number may adjourn from day to day; provided, however, that when there are no more than four members present, it shall require at least three affirmative votes to pass any ordinance or resolution; but a quorum, as above provided, shall be sufficient to try any and all cases pending before said council on appeal from the police or mayor's court, and in all such cases on appeal a majority of the members present shall be sufficient to find a verdict either for or against the defendant. The mayor and councilmen shall hold monthly, semimonthly or weekly meetings as they may decide upon, and the

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mayor or mayor pro tem. may order such call meetings as emergencies may, in his judgment, require. Mayor and council, quorum, etc. SEC. 19. Be it further enacted, That said mayor and council shall have power to pass all such ordinances, by-laws, rules and regulations as may, in their discretion, be necessary to enforce all of the laws of the State of Georgia applicable to municipal corporations, and which laws, in so far as they are not in conflict with this Act, are made a part thereof, and to provide penalties for their violation. They shall have general and exclusive jurisdiction over the streets, alleys, by-ways, sidewalks, commons and public squares of said city, and may provide against obstructions and nuisances thereupon. They may lay such drains and gutters therein as are necessary, and shall take all necessary and proper means for keeping the corporate limits of said city, or the limits of its police jurisdiction, free from garbage and filth of all kinds. They shall have power to summarily abate all nuisances, whenever in their judgment such nuisance is injurious to the health, comfort or convenience of the inhabitants of said city, either with or without complaint against such nuisance. They may regulate the running of locomotives or cars, whether run by steam, electricity or other power. They may provide against obstructions in the streets, alleys or sidewalks therein, and may prevent the placing thereon of any grass, stones, sticks, fruits, vegetables or anything calculated to cause inconvenience to individuals or to make such streets, alleys or sidewalks unclean or unsightly. They may make such regulations as they may deem proper relative to the keeping, storage or sale of gunpowder and explosive or inflammable oils, chemicals or powders in said city. They may prohibit the commission of nuisances in said city and provide punishment thereof. General powers. SEC. 20. Be it further enacted, That said mayor and council shall have power and authority to elect a city marshal, who shall be the chief of police of said city, two or more policemen, as in their judgment may seem necessary, a surveyor and engineer, street overseer, attorney, city clerk, city physician and a recorder, together with such other officer or officers as the necessities of the city may demand. They may prescribe the duties of said officers and fix their salaries. The terms of all officers elected by the said mayor and council shall expire with the first meeting of the mayor and council in the calendar year next succeeding their said election by said mayor and council; provided, their successors have been elected and qualified. The mayor and council, or the mayor pro tem. may appoint such extra policemen as may be necessary in cases of emergency, and such extra policemen shall receive such compensation as may be agreed upon or as may be fixed by the mayor

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and council. Either or all of said officers elected by the said mayor and council may be dismissed from office at any time by a two-thirds vote of the mayor and 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 the mayor and council. The mayor pro tem shall be elected by the mayor and council from among their own number. Officers. SEC. 21. Be it further enacted, That for the purpose of raising revenues to defray the ordinary current expenses incident to the proper support and maintenance of the city government the said mayor and 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 and which is not exempt by State law, not to exceed one-half of one per centum, but where that amount is deemed insufficient, said mayor and council shall have authority and power to levy and collect an additional tax in the mode and manner prescribed by the Constitution and laws of the State of Georgia. Ad valorem tax. SEC. 22. Be it further enacted, That every male person between the age of sixteen and fifty years, who has resided in said city thirty days, shall be liable and subject to work on the streets of said city not to exceed fifteen days in each year, at such time or times as the mayor and council may require, or to pay a commutation tax in lieu thereof, not to exceed five dollars in any one year, as said mayor and council may determine. Should any person liable to work the streets under this section fail or refuse to do so, or to pay the street tax assessed in lieu thereof, after having received due notice so to do, as said mayor and council may require, shall be deemed guilty of a violation of this section, and on conviction in the police court of said city shall be fined in any sum not exceeding twenty-five dollars, or imprisoned in the guard-house, or by labor on the chain-gang of said city not exceeding thirty days. Said mayor and council may pass such ordinance as they may deem proper for the purpose of enforcing this section. Street duty or commutation tax. SEC. 23. Be it further enacted, That said mayor and council shall have the right to establish a guard-house and chain-gang in said city; provide for the confinement of prisoners therein during the hours they are not engaged in labor; provide for their maintenance during the period of their imprisonment; provide for furnishing said prisoners with convict suits; employ guards and convict bosses, and generally to provide for the control and proper government of said convicts. The employees of said city in charge of said convicts shall have the right to administer such reasonable discipline to said convicts as may be necessary to enforce proper

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obedience to the rules and regulations which may be established. The mayor and council of said city shall have the right to lease or hire said convicts as may be confined in the chain-gang of said city, under the provisions of this charter, to the county authorities of Berrien county, or to the lessee of the county convicts of said county, and shall have the right to make such charge against said county authorities or against said lessee of the convicts of said county as they may be able to agree upon; provided, however, that said convicts shall be kept and provided for by said county authorities or by the said lessee of the county convicts in the same manner as the county convicts are kept and provided for. Guard-house and chain-gang. SEC. 24. Be it further enacted, That the mayor and council of said city shall have full power and authority to license, regulate and control by ordinance all taverns, hotels, boarding-houses, cafs, restaurants, saloons for the sale of creams, ices, etc., livery stables, feed stables, sale stables and lots, hacks, drays and other vehicles, auctioneers, vendue-masters, itinerant traders, theaters and theatrical performances, dummy or street railroads, oil mills, ice works, laundries, water-works, shows, circuses and exhibitions of all kinds; itinerant lightning-rod dealers, emigrant agents, book agents, peddlers of clocks, stoves, machines or any article of merchandise whatsoever, itinerant venders of any and all kinds of goods, wares, merchandise or other things, pool and bagatelle tables kept for public play, every keeper of a shooting-gallery, tenpin alley, upon the keeper of any table, device, stand or place for the performance of any game or play, whether played with sticks, balls, rings or other contrivances, upon flying-horses or other contrivances, bicycles, velocipedes or skating-rinks; insurance agents, life, fire, accident or other insurance companies, loan 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, pawnbrokers and upon all and every other establishment, business, calling, trade or avocation not heretofore mentioned, and which, under the Constitution and laws of Georgia, are subject to license or specific tax. Licenses and specific taxes. SEC. 25. Be it further enacted, That said mayor and council shall have the sole and exclusive power and authority to regulate the sale of intoxicating liquors, whether spirituous, vinous or malt, in said city; to grant license for the sale of the same; to fix the fees for said license; to establish such regulations and restrictions with reference to the sale of the same as they may deem

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proper, and authority is hereby conferred upon the said mayor and council to punish and impose penalties upon persons selling such liquors without license, or for violations of any of the rules or regulations established by the said mayor and council by ordinance governing such sales; provided, that this section shall not apply to sales of domestic wines that may be made in conformity with existing or future laws of this State governing the sale of such wines. Liquor, etc., sale of SEC. 26. Be it further enacted, That the mayor and council of said city may demand payment of any and all licenses or specific taxes authorized by this Act or the laws of Georgia, in the amount fixed by ordinance, as a condition precedent to beginning or continuing in any business in said city for which a license is required. Should any person engage or continue in any business, trade, profession or calling, for which a specific tax or license is required by said city by ordinance, and shall fail or refuse to pay the same on demand of the proper authority of said city, he shall be liable to prosecution in the police court of said city and may be fined or imprisoned in the discretion of said court. The provisions of this section shall apply to all persons, whether natural or artificial. Licenses and specific taxes. SEC. 27. Be it further enacted, That the mayor and council of said city shall have power and authority to make and establish by ordinance a fiscal year from which and to which all licenses shall date. Should any person apply for license for any business in said city for which a license is required, at any time after the fiscal year has begun, the mayor and council shall have authority to require from such person the same amount as required for license for a full year, and in no case shall the mayor and council be compelled to prorate the amount of license for a term less than a full year; provided, that no change in the fiscal year shall operate to the injury of any person who has once paid the amount of license required of him. Fiscal year SEC. 28. Be it further enacted, That said mayor and council shall have power and authority to enforce by execution the collection of any debt or claim due to said city, for taxes, licenses, rents, impounding fees, fines and forfeitures, for laying sewers or drains, for cleaning or repairing privies, or for abating nuisances, and for any and all levies, assessments, debts and demands due to said city. Said execution to be issued by the clerk of said city and to bear test in the name of the mayor, against the property, person, corporation or firm against which or from whom any such debt or demand is owing; such execution to be directed to all and singular the marshal, deputy marshal and policemen of the city of Tifton, who are authorized to levy the same upon the property against which it is

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issued, or on the property of the person against whom such execution shall have issued, and the same shall be sold in the following manner, to wit: The property levied upon shall be sold by the marshal or his deputy at public outcry, under the laws for sheriff's sales, to the highest bidder, before the door of the council chamber, or at such other place as the mayor shall determine, notice of which place shall be stated in the advertisement of the sale of the said property. If said property so levied upon shall be personal property, it shall be advertised by posting notices in three public and conspicuous places in said city for ten days before the day of sale; and if the property levied upon be real estate he shall advertise the same once a week for four weeks in the public gazette wherein the sheriff's sales are advertised or in some other newspaper published in the city of Tifton, before selling the same. All sales as above provided shall be at public outcry to the highest bidder and for cash. Said marshal or his deputy making such sale shall execute title to the purchaser and shall have the same power to place the purchaser in possession as sheriffs of the State have. Claims due city, how collected. SEC. 29. Be it further enacted, That when any execution shall be sued and levied, as provided in the preceding section, claim or illegality may be interposed under the same rules and regulations as are now provided by law for claims and illegalities under tax fi. fas. for State and county taxes; such claim or illegality to be returned to and heard in Berrien superior court, county court or justice court of the 1314th District, G.M., according as the jurisdiction thereof may be. Claims and illegalities. SEC. 30. Be it further enacted, That the mayor and council of the city of Tifton shall elect at either their first or second meeting night in each calendar year three upright, discreet and intelligent persons, who shall be freeholders and residents of said city as tax assessors, who shall hold office for one year or until their successors are elected and qualified. Said tax-assessors may be elected from among the members of the city council or from among other persons, and should any vacancy occur in said board of assessors by death, resignation, removal or refusal to serve, such vacancy shall be immediately filled by said mayor and council. Said mayor and council shall be the exclusive judges of the necessity of declaring a vacancy in said board of assessors. Before entering upon the duties of the office each assessor shall take and subscribe the following oath: I, , do solemnly swear that I will faithfully perform the duties of tax-assessor of the city of Tifton and will make a just and true valuation of all property

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therein subject to taxation, according to the fair market value thereof; so help me God. Tax-assessors. SEC. 31. Be it further enacted, That the city tax-assessors may hear during the progress of their investigation, such evidence, as to the value of any property in said city, as they may deem advisable. If any person is dissatisfied with the valuation of his property as fixed by the assessors, he shall have the right to appeal to the mayor and council. Said appeal shall be entered within four days from the date upon which the written or printed notice hereafter provided for has been mailed by the clerk of said city. Said appeal shall be substantially as follows, to wit: The undersigned, a taxpayer of the city of Tifton, being dissatisfied with the action of the city tax-assessors with reference to the valuation of his property subject to taxation in said city, comes within ten days from the date on which notice of said acting of said assessors was mailed him and demands an investigation of the value of said property by the mayor and council of said city. Assessments, appeals. (Signature) ____________________ Upon the filing of said appeal with the clerk of said city, it shall be the duty of the mayor to fix a day upon which said hearing will be had and give the appellant five 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 mayor and council shall hear all legal and competent testimony and enter up a judgment accordingly. The appeal hereinbefore provided for may be signed by the taxpayer, his agent or attorney at law. SEC. 32. Be it further enacted, That immediately after the report of said assessors is filed with him it shall be the duty of the city clerk to mail a written or printed notice to every person the value of whose property, as returned for taxation, has been raised by the assessors, advising such person of the assessor's action and specifying the property the valuation of which has been increased. Notice of assessments. SEC. 33. Be it further enacted, That said mayor and council shall have power to prohibit by ordinance the keeping open of tippling-houses on the Sabbath day, the sale of intoxicating liquors to minors or intoxicated persons or habitual drunkards, the keeping of lewd houses, the keeping of gambling houses or rooms, the selling of intoxicating liquors on election days, the pursuing of one's ordinary avocation or any other unnecessary labor on the Sabbath day, the carrying of concealed weapons, the disturbance of divine worship, and any and all other offenses the commission of which in thickly populated places is more than usually inimical to the public welfare. The police court of said city shall have jurisdiction to try persons for the commission of any of said offenses

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committed within the limits of the police jurisdiction of said city, and upon conviction punish them as hereinafter provided. Sabbath day. SEC. 34. Be it further enacted, That there shall be in the city of Tifton a court known as the police court of the city of Tifton, and the same shall have a seal and be a court of record. The jurisdiction of said court shall extend to all offenses herein provided for, together with all others of which municipalities are allowed jurisdiction under the laws of the State of Georgia, whenever said offenses are committed within the corporate limits of said city or at any point within two miles of said corporate limits, it being the intent of this charter to give said city as full and complete jurisdiction over said territory within two miles of the corporate limits of said city as though the offense had been committed within such corporate limits. The sessions of said police court shall be held by the mayor or by the city recorder, in the event the mayor and council have seen fit to create such office, at such times and at such places in said city as in the judgment of either may be necessary. Said police court shall have power and jurisdiction to try all offenses against the ordinances of said city within the above defined territory, and upon conviction may punish offenders by a fine of not more than three hundred and fifty dollars, by confinement in the chain-gang of said city for a term of not more than six months or by confinement in the guard-house or jail of said city for a term of not more than ninety days, either or all in the discretion of said police court; or persons convicted in said court may be hired to the county authorities of Berrien county or the person, firm or corporation hiring the convicts of said county for a like term as hereinbefore provided. Police court SEC. 35. Be it further enacted, That in no case shall it be necessary for affidavit to be made or warrant to be issued to authorize arrest to be made for violation of any of the ordinances of said city. Arrests. SEC. 36. Be it further enacted, That all trials in the police court of said city shall be held under and by virtue of an affidavit and warrant, which affidavit may be made by any person before the clerk of said city and warrant issued by the presiding officer of said police court; said affidavit and warrant shall be in the form prescribed for criminal affidavits and warrants in the Code of Georgia. Upon aforesaid affidavit warrant shall issue as aforesaid and shall be directed To all and singular, the marshal, deputy marshal or any policeman of the city of Tifton. Upon said affidavit issue shall be joined and plea of guilty or not guilty entered. Should the warrant be dismissed on account of informality in the affidavit or warrant, it shall be the duty of the court to order another

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drawn, and another until it shall meet the requirements of the law. Trials. SEC. 37. Be it further enacted, That said police court shall have power to punish for contempt against its lawful authority, whether in its presence or otherwise; to issue summonses for witnesses, books and papers in as full and complete a manner as the justice courts in this State may now do; to punish as for contempt failure to obey its legal summonses; to grant continuances under rules of low; to take bonds and recognizances for appearances at its sessions and to forfeit the same under the same rules and regulations as are now applicable in like procedure in superior courts of this State, and to do all other acts and things necessary for the proper enforcement of its authority as a court of record; provided, that no fine for contempt shall exceed the sum of fifty dollars or imprisonment in the guard-house for more than thirty days. Police court, powers of. SEC. 38. Be it further enacted, That any person convicted in the police court of said city for a violation of any of the ordinances or by-laws thereof shall have the right of certiorari to the superior court of Berrien county, or he may have the right of appeal to the mayor and council of said city if said mayor and council shall see fit by ordinance to provide for such appeal; otherwise certiorari as aforesaid shall be the only remedy. In carrying cases from the police court of said city to the superior court of Berrien county by certiorari the same rules shall be observed as are applicable in carrying criminal cases from the county courts of this State to the superior courts. Certiorari. SEC. 39. Be it further enacted, That the mayor and council of the city of Tifton may, whenever in their judgment they see fit, create the office of recorder for said city and to elect some upright and intelligent person reasonably skilled in the law, resident of said city, to perform the duties of that office and to fix his compensation therefor; said recorder may be elected at any time that in the judgment of the mayor and council his services may be necessary, and he shall hold his office for a term of one year or until the qualification of the mayor and council following the next city election, and until his successor has been elected and qualified. It shall be the duty of said recorder to preside in the police court of said city in all cases except when providentially hindered or absent from the city or when he may be disqualified, in which cases the mayor or mayor pro tem. shall preside. Recorder. SEC. 40. Be it further enacted, That the mayor, mayor pro tem. or recorder of said city shall have, in addition to the jurisdiction hereinbefore conferred, the criminal jurisdiction of justices of the peace over all the territory embraced in their jurisdiction as

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municipal officers. Whenever it shall appear that an offense against the laws of the State has been committed within the limits of the said city's police jurisdiction it shall be the duty of the mayor, mayor pro tem. or recorder, as the case may be, after investigation, to commit the offender or offenders to jail or bail to answer to the court having jurisdiction of the offense. Mayor ex officio justice of the peace. SEC. 41. Be it further enacted, That the mayor and council of said city shall have power and authority to prevent horses, mules, cattle hogs, sheep, dogs, goats and all other animals or fowls from running at large in said city and to prevent and prohibit the keeping of hogs within the limits of the city, or regulate the manner in which they must be kept if allowed to remain, and shall have full power and authority to take up and impound any such animals and fowls and punish all owners of such fowls and animals who refuse to obey an ordinance passed by said mayor and council to carry this authority into effect. Stock pound. SEC. 42. Be it further enacted, That in order to give effect to the foregoing section said mayor and council shall have authority to establish a pound and to change the same whenever they see proper; to fix a schedule of charges and penalties to be paid by the owner of such impounded animals before they are released from the pound; to regulate the mode or manner of sale or disposition of impounded animals or fowls where no owner appears, or where payment of impounding fees charged, penalties or cost is refused; to provide for the disposition of the proceeds of the sale of impounded animals and to provide for the punishment of all persons who without authority break or enter the pound. Regulations for stock pounds. SEC. 43. Be it further enacted, That said mayor and council shall have authority, in their discretion, to establish and put in operation a board of health, and to pass all ordinances and regulations prescribing penalties for violations of the same necessary for the purpose of maintaining such board of health, and prescribing penalties for such violations, to prevent the spread of any infections or contagious disease; also, to pass and enforce an ordinance to compel the vaccination of all persons within the police jurisdiction of said city; also, to isolate any person or persons afflicted with any infectious or contagious disease by confining such person or persons within premises provided by the mayor and council either within or without the corporate limits of said city; to isolate any person or persons who have been exposed to any infectious or contagious disease during the usual period of incubation of such disease by confining such person or persons during such period within premises provided by the mayor and council, either within or without

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the corporate limits of the city; provided, that no person shall be so isolated who is 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 ingress and egress to and from such premises during the time in which there is probability of the spread of any infectious or contagious disease from such person or persons. Board of health. SEC. 44. Be it further enacted, That said mayor and council shall have exclusive jurisdiction over all cemeteries belonging to said city. They may elect such employees to superintend the care of the same as they may deem proper. They may make such appropriations out of the city treasury as to them may seem proper for the care and supervision of the same. They may enact ordinances and provide penalties for the purpose of preventing trespass thereon. They may regulate the charge for grave-digging, hearse fees and any and everything pertaining to the care and operation of such cemeteries. They may charge such fees for burials as to them may seem proper, and may enforce the collection of such fees in such manner as to them may seem most expedient. Cemeteries. SEC. 45. Be it further enacted, That said mayor and council shall have the right to exercise supervision over all buildings within the corporate limits of said city; and whenever, in their judgment, any structure or building is dangerous to the life or health of the citizens, on proper case made in terms of the laws of the State of Georgia, they shall have the right to condemn such buildings as a nuisance and call on the owner or tenant in possession to immediately abate same; and in the event said owner or tenant in possession fails or refuses to abate such nuisance within reasonable time, such time to be determined by the mayor and council, then said mayor and council may cause same to be done and issue execution against said premises for the cost of abating such nuisance. Said mayor and council may likewise pass and enforce an ordinance fixing a penalty to be assessed against any party failing or refusing to abate a nuisance after such party has had notice to abate same. Dangerous buildings. SEC. 46. Be it further enacted, That the mayor and council of said city shall have power and authority to open, lay out, widen, straighten or otherwise change the streets, alleys or lanes of said city, and shall have power to lay off, vacate, close up, alter, open, curb, pave or drain the roads, streets, bridges, alleys, sidewalks, crosswalks, drains or gutters for the use of the public or any citizen of said city; to grant rights-of-way to railroads, street railroads, water-works, gas-works, electric light, telegraph and telephone wires or lines throughout the streets and alleys of said city, upon such terms and conditions and restrictions as said mayor and council

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may prescribe. Whenever said mayor and council, in the exercise of the authority herein conferred to open, lay out, straighten, widen or otherwise extend or change any of the streets or alleys of said city, shall find it necessary to take private property for such purpose, and they cannot agree with the owner or owners thereof, they may take such private property upon the following terms and conditions, to wit: Streets, etc. SEC. 47. Said mayor and council shall cause to be served on such 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 to be used, the time and place when and where the proceedings to condemn such property will be held, which shall not be less than five days from the date of the service of such notice. Notice of intention to condemn. SEC. 48. It shall then be the duty of the 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 freeholder, then the mayor and council shall appoint a second freeholder, and the freeholders appointed in either of above ways 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 damages or compensation to be paid to the owner or owners of such land and render their award, which must be signed by at least two of said freeholders. Said award shall then be filed with the city clerk. Should the first two freeholders, as above provided for, be unable to agree upon a third, then said mayor and council shall likewise appoint the third freeholder. Condemnation proceedings. SEC. 49. 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 Berrien county. The mayor and council may, after payment or tender of payment to the owner or owners, or his or their agent, of the sum found by the assessors, proceed to open, lay out, straighten or otherwise change such street, road, alley or lane, pending any appeal to the owner or owners of any land sought to be condemned for such purpose. Appeal. SEC. 50. Be it further enacted, That said mayor and council shall have power and authority, upon recommendation of the board of health, to cause the owner of lots or parcels of land in the city to drain the same or to drain any pond or pool of water thereon; also to compel the owner or owners of cellars occasionally holding water to cause the same to be emptied of water or filled up if necessary;

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and in case the owner of such lots or parcels of land or cellars shall fail or refuse, after reasonable notice (such notice to be judged of by the mayor and council) to him or his agent, to comply with the requirements of the mayor and council, it shall be lawful for said mayor and council to employ proper persons to perform such service; and for all expenses incurred in so doing the clerk of the city shall issue execution against said property or the owner or owners thereof; and a sale under such execution by the city marshall or his deputy shall pass the title to said property as completely to the purchaser as a sale under judgment and execution from the superior courts of this State. Drainage. SEC. 51. Be it further enacted, That said mayor and council shall have authority to establish and maintain such quarantine and other regulations as in their judgment may be necessary to prevent the introduction or spread of any and all contagious and infectious diseases in said city. Quarantine. SEC. 52. Be it further enacted, That said mayor and council shall have power and authority to compel the owners of property, their tenants or lessees, to grade, pave and otherwise to keep in good order and condition, as said mayor and council may direct, the sidewalks in front of and abutting on their said 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 that they may deem best. Should any owner or lessee fail or refuse to comply with any ordinance or resolution passed in pursuance of this section, the work may be done by the city and the expense attending the same collected by execution against said owner or against said property. Sidewalks SEC. 53. Be it further enacted, That said mayor and council shall have power and authority to create and establish a fire department in said city, provide for the pay and equipment thereof, purchase any necessary apparatus therefor, and make all needful regulations for its proper maintenance. Fire department. SEC. 54. Be it further enacted, That said mayor and council shall have power and authority to provide against hazard and damage by fire, and to that end may declare any portion of said city a fire district, and may define the limits thereof. They may prescribe what material may or may not be used in the erection of buildings in such fire district, and may punish in their discretion any person violating the provisions of their ordinances in this behalf. Whenever it shall appear that any building, shed or structure of any sort is being erected within said fire district contrary to the ordinances covering such subject, the mayor and council shall have authority to summarily direct the owner of such

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structure to immediately tear down and remove same or to so change the material as to make it comply with the ordinances for such cases provided. Should said owner fail or refuse to comply with such order they may summarily have same removed, and execution shall issue against such owner for expenses so incurred by the city. The owner or person in charge of such structures, and so refusing to comply with the order of the mayor and council, may likewise be punished as for a misdemeanor under the ordinances of the city. Fire district. SEC. 55. Be it further ordained, That said mayor and 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 plants for the 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 mayor and 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 light or water-works and impose upon their owners such duties, obligations and liabilities as they may deem just and reasonable for the proper protection of the citizens of the city and the municipal government. Light and water. SEC. 56. Be it further enacted, That said mayor and council shall in exercise of their police powers have power and authority to pass all ordinances they may think necessary to more effectually prevent the illegal sale of intoxicating liquors within the police jurisdiction of said city of Tifton, and to that end may provide ordinances punishing any person or persons keeping in said police jurisdiction any intoxicating liquors for the purpose of selling the same, and likewise ordinances providing for the punishment of any person or persons purchasing intoxicating liquors from persons who are selling same illegally. 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 within said police jurisdiction in which the mayor and council may have reasonable cause to believe there is a blind tiger or place where intoxicating liquors are being kept for the purpose of illegal sale, and to seize and hold as evidence all intoxicating liquors found therein. And

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after such liquors so seized have answered the purpose of evidence, they may, on order of the mayor, recorder or other officer trying such offender, in addition to other penalties herein provided for, be destroyed. Liquor, etc., sale of SEC. 57. Be it further enacted, That should any person violating any of the ordinances of said city flee from the jurisdiction thereof, he may be apprehended wherever he may be found in this State, and the warrant of the mayor, mayor pro tem. or recorder of said city shall be sufficient authority for his return and trial upon the charge resting against him, and should any person, after trial and conviction of a violation of an ordinance of said city, escape, he may be apprehended wherever found in this State, and the warrant of the mayor, mayor pro tem. or the recorder of said city shall be sufficient authority for his arrest and return; and all person so escaping from the custody of said city may again be tried for such escape and punished not exceeding penalties hereinbefore provided. Fugitives. SEC. 58. Be it further enacted, That said mayor and council shall have full power and authority to require the owner of any improved property, his agent or the tenant in possession to provide suitable privy or water-closet accommodations upon such premises, to be located at such places on said premises as said mayor and council shall by ordinance prescribe. Privies and water-closets. SEC. 59. Be it further enacted, That said mayor and council shall have power and authority by resolution or ordinance to provide suitable regulations on the subject of drainage, sewerage and plumbing, and all and everything else that may be necessary for the improving of the sanitary condition of said city. Said mayor and council are authorized to lay down sewers through private property in said city; provided, that before so doing they shall regularly condemn such private property by the methods hereinbefore laid down for the taking of private property by the said city. Sanitation. SEC. 60. Be it further enacted, That said 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 in the aggregate, at any time, the sum of fifty thousand dollars, ($50,000), of such denominations and in such amounts as they may see fit; said bonds not to bear interest at a rate in excess of five per centum (5%) per annum, and not to run for a greater period than thirty years from their date of issue, but may bear a less rate of interest and run for a shorter period from their date of issue in the discretion of the mayor and council. Said bonds to be issued, hypothecated and sold for the purposes of establishing, maintaining and operating a system of water-works, a system of sanitary sewerage, a crematory, a system of street lighting, either

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with gas or electricity, or both, a system of public schools and the erection and furnishing the necessary buildings for such schools, and for street paving. Said bonds shall be signed by the mayor and countersigned by the clerk, under the corporate seal of the city, and shall be negotiated in such manner as said mayor and council may determine to be for the best interest of the city; provided, however, that said bonds shall not be issued for any of above said purposes until the same shall have been submitted to a vote of the qualified voters of said city, and approved by a two-thirds majority of the qualified voters of said city voting at such election. Bonds for water-works, etc. SEC. 61. Be it further enacted, That said mayor and council shall have power and authority to contract for, or in the event of inability to contract, to condemn any lands, either within or without the city, for the purpose of securing a location and of establishing a city water-works, a city light plant, a crematory for the destruction of garbage or the extension of the city's sewers; and the compensation to the owner or owners of such lands shall be arrived at as hereinbefore provided, where the city condemns property. Land for water-works, etc. SEC. 62. Be it further enacted, That whenever it is deemed expedient by the mayor and council, they shall order an election to be held in said city for the purpose of determining whether or not there shall be an issue of bonds for any of the purposes hereinbefore provided, of which election there shall be given thirty days notice by publication in the Tifton Gazette, or other newspaper published in said city, and also by posting a written or printed notice in three public and conspicuous places in said city, stating the day of election, the amount of the bonds to be issued, for what purpose they are to be issued, what rate of interest they are to bear, whether the interest is to be paid annually or semiannually, how much of principal or interest are to 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 such places as may be determined by the mayor and council, which place must be designated in the notice of such election, and shall be held by the same persons and in the same manner and under the same rules and regulations as those for mayor and council are held; and the same qualifications of voters of said election shall be required as at said election for a 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 a 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 majority, said bonds may be issued. Election for bonds. SEC. 63. Be it further enacted, That the mayor and council

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shall have power and authority to levy and collect annually, in addition to that already provided for in this charter, a tax not exceeding one-half of one per cent. on all 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 may deem it expedient, to order an election, of which thirty days' notice shall be given in a newspaper published in said city and likewise by three written or printed notices posted in three public and conspicuous places in said city, which election shall be held under the same rules and regulations as are elections for mayor and council in said city, and the qualifications of voters shall be the same. Those favoring a 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 the words, Against public schools, and if two-thirds of the ballots cast in such election be for public schools, this section and those following on the same subject shall immediately become operative in said city. Should the election provided for in this section be against public schools, the mayor and council shall not call another election for the same purpose until a calendar year has elapsed, but said mayor and council may call another election and another, such elections being at least one year apart, until this section is adopted. School tax. SEC. 64. Be it further enacted, That should a system of public schools be established in said city, as provided for in the preceding section, the mayor and council shall elect not less than three nor more than five qualified citizens of said city to constitute a board of education for said city. The mayor or any member of council shall be eligible as a member of the said board of education. The said board of education shall be elected annually on the first meeting night in January, and shall hold their office until their successors are elected and qualified, except that the said board of education may at their first election be elected as soon after the adoption of a system of public schools as practicable, said board of education to hold office until the succeeding first meeting night in January, as above provided. Board of education. SEC. 65. Be it further enacted, 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 superintendent or teachers; to fix the compensation of teachers and superintendent; to provide schoolhouses by

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rent, building, purchase or otherwise, but the title to all school property shall be and remain in the city of Tifton; to make rules and regulations for the government of themselves and said schools as they may see proper and not in conflict with the laws of the State. No white child shall be admitted into any school established by said board for colored children, and no colored child shall be admitted into any school established by said board for white children. All children who are entitled to the benefits of public schools under the laws of this State, and whose parents guardians or natural protectors bona fide reside within the corporate limits of said city, shall be admitted in said schools upon payment of such incidental fee only as said board 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 the State; that when said public school system has been adopted in said city it shall be the duty of said board of education to have prepared and to furnish the State school commissioner, immediately on the passage of this Act and its adoption at an election as hereinbefore specified, and annually thereafter by the first day of December in each year, a list or census of pupils residing in said city entitled to the school fund, in which shall be included those pupils residing outside of the city, but who attend the city schools. And it shall be the duty of the State school commissioner to pay to the clerk and treasurer of the city of Tifton such portion of the public school fund as its number of pupils, as above defined, entitles it to. Powers of board of education. SEC. 66. Be it further enacted, That when said public school system is adopted the board of education of said city shall determine 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, who shall be required to levy and collect the same, and the amount so [Illegible Text] and collected shall be used for no other purpose, and shall be paid out only on the order of said board of education. School fund. SEC. 67. Be it further enacted, That after said public school system shall have been adopted by said city of Tifton, the educational authorities of Berrien county shall not grant any license to nor contract with any person or persons to teach any school of any character in said city, nor shall any of the State school fund be paid to any school in said city other than the public school contemplated by this Act, after it shall have been adopted. Other schools. SEC. 68. Be it further enacted, That the mayor and council of said city shall have power and authority to grade, pave, maeadamize or otherwise improve the travel, drainage and condition of

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the streets, sidewalks, squares, public roads, or lanes and alleys in said city. In order to carry into effect the above said mayor and council shall have power and authority to assess not more than two-thirds of the cost of paving or otherwise improving the streets and sidewalks, including two-thirds of the cost of curbing necessary, on the real estate abutting on such streets or sidewalks. Said mayor and council shall have power and authority to assess one-third of the cost of grading, paving or macadamizing, constructing side-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 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 or macadamize or otherwise improve said streets in such proportion as the mayor and council may prescribe. Said mayor and council shall have full power and authority to equalize, by an ordinance passed for that purpose, the assessments against all real estate for above purposes, as to them may seem just and proper, estimating the total cost of each improvement made and prorating the cost thereof on the real estate according to its frontage on the street or portion of the street so improved, or according to area or value of said property, either or all, as may be determined by ordinance passed for that purpose. 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. The mayor and council shall have 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 improved and assessed, for the amount assessed against the owner at the date of the ordinance making such assessment, which execution may be levied by the marshal or any policeman 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 purchaser. Said city marshal or policeman, acting for him, shall have authority to eject occupants and put purchasers in possession; provided, the owner of 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, together with all costs, shall be paid before the affidavit shall be received and the affidavit shall be

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returned to the superior court of Berrien county and there tried and the issue determined, as in cases of illegality, subject to penalties provided as in case of illegality filed for delay only. The mayor and council shall have authority to pave and contract to pave the whole surface of the street, without giving any railroad or street railroad company or other property holder 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. The lien for assessment on abutting property and on street railroad and 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 instance. 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 and to collect the cost thereof by execution against the adjacent property owner and railroad companies or other occupants of the streets or alleys of said city. Street improvements. SEC. 69. Be it further enacted, That said mayor and council shall have full power and authority to acquire, on behalf of city of Tifton, by gift, purchase or otherwise, grounds suitable for such park or parks, as in their judgment may be to the interest and welfare of the citizens of said city. They shall have power and authority to improve and keep up the same, and to that end may appoint such officers and employees as in their judgment may be necessary, and compensate them therefor. They shall have the right to draw on the ordinary expense fund of said city for said purposes, or upon any other fund not otherwise appropriated according to law. Parks. SEC. 70. Be it further enacted, That said mayor and council shall have power and authority, whenever in their judgment they may see fit, to secure for said city one or more deep wells in said city, for the purpose of supplying the city with a plentiful supply of good wholesome water, and to this end they may contract with such party or parties as they may see fit. For the said purpose they may draw on the ordinary fund of the town, or upon any other fund not otherwise appropriated according to law. Deep wells SEC. 71. Be it further enacted, That should the mayor and council determine, in accordance with provisions hereinbefore made, to issue bonds for any of the purposes hereinbefore set out, then they shall have the power and authority, in addition to all other taxes hereinbefore authorized, to levy and collect an additional tax,

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not to exceed one per centum per annum, sufficient to pay off the said bonds with all interest and charges on the same within the period which said bonds have to run; and it shall be the duty of the said mayor and council, in the published notice of any election for the issuance of any bonds for any of the purposes herein provided, to state the amount of annual tax it will be necessary to levy and collect to pay same. Tax for payment of bounds. SEC. 72. Be it further enacted, That any of the officers of the said corporation of the city of Tifton, who may be sued for any act or thing done in his official capacity, may be justified under this charter, and that the provisions of this charter may be pleaded and shall be a full defense to any action brought against the mayor and council of said city, or either of them, for any act or acts done by them or either of them, under and in accordance with its provisions and in accordance with the ordinances passed in pursuance thereof. Officers, responsibility of. SEC. 73. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902. TYBEE, CONVEYANCE BY, TO UNITED STATES. No. 88. An Act to authorize and empower the mayor and councilmen of the town of Tybee to close Fourth avenue, north of the right of way of the Central of Georgia Railway Company, and the lane immediately east of said street, and to convey to the United States of America said street and lane 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 councilmen of the town of Tybee be, and they are, hereby authorized and empowered to close Fourth avenue, north of the right of way of the Central of Georgia Railway Company, and the lane immediately east of said street or avenue, and to convey the soil thereof to the United States of America and their assigns. Tybee, town of, authorized to convey land to United States. SEC. 2. Be it further enacted, That laws or parts of laws in conflict with this Act be, and they are, hereby repealed. Approved December 13, 1902.

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VALDOSTA, CHARTER AMENDED. No. 48. An Act to amend the charter of the city of Valdosta, approved November 21, 1901, so as to provide for the double taxing of property not returned for taxation within the time provided by law. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the charter of the city of Valdosta be, and the same is, hereby amended as follows, to wit: by inserting between the words stand and in, in the sixteenth line of section 33 of said charter, the following sentence: Should any citizen or corporation fail to give in his, her or its property for taxation within the time provided by law without satisfactory excuse made under oath to the tax-appraisers, the property of such citizen or corporation shall be double taxed, so that said section, as amended, shall read as follows: 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 taxpayer 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 expire. 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. Should any citizen or corporation fail to give in his, her or its property for taxation within the time provided by law without satisfactory excuse, made under oath to the tax-appraisers, the property of such citizen or corporation shall be double taxed. In all cases the decision of the said appraisers shall be final. Valdosta, tax returns and assessments SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 6, 1902.

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VIDALIA, CITY OF, INCORPORATED. No. 198. An Act to abolish the charter of the town of Vidalia, in the county of Montgomery; to incorporate the city of Vidalia, in the county of Montgomery, and to 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 legal, valid contracts heretofore entered into by the corporate authorities of the town of Vidalia shall be good and valid for and against the city of Vidalia, and that all property now owned and held by the town of Vidalia shall be and become the right and property of the city of Vidalia, 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 present charter of the town of Vidalia, in the county of Montgomery, and State of Georgia, be, and the same is, hereby abolished. Vidalia, town of, charter repealed. SEC. 2. Be it further enacted by the authority aforesaid, That the inhabitants of the territory hereinafter designated and defined are hereby corporated under the name and style of the city of Vidalia, 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 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, all property, both real and personal, within or without the jurisdictional limits of said city of Vidalia, 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, resolutions, regulations, not in conflict with the Constitution and the laws of this State or of the United States, or of this charter, that they may deem best and proper for the general welfare of said city and the inhabitants thereof. Vidalia, city of, incorporated. SEC. 3. Be it further enacted, That the corporate limits of said city shall be as follows: Beginning at a stake in the center

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of the main track of the Seaboard Air Line Railway at the intersection of Morris street, in said city and said railroad track, and extending one half mile from said stake in every direction, making a complete circle. Corporate limits. SEC. 4. Be it enacted, That the municipal government of the city of Vidalia 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 the city of Vidalia. Mayor and councilmen. SEC. 5. Be it further enacted, That the present officers of the town of Vidalia, to wit: W. T. Jenkins, mayor; J. E. Schumpert, John W. Poe, John M. Meadows, J. H. Dent, P. A. McQueen, councilmen, be, and they are, hereby declared and appointed lawful officers of the city of Vidalia, under this charter until the second Wednesday in December, 1903, and until their successors are elected and qualified, as provided in this charter. SEC. 6. Be it further enacted, That an election shall be held at the city hall in the city of Vidalia on the second Wednesday in December, 1903, and biennially thereafter, for mayor and five councilmen, who shall serve for two years from the date of their installation, and until their successors are elected and qualified. Elections. SEC. 7. 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 the city of Vidalia, shall be superintended and managed by a justice of the peace and two freeholders who are citizens of the city and own real estate therein, or by three freeholders, all of whom shall be citizens of said city and own real estate therein. If it be impossible to obtain a justice of the peace to preside at said election, each of said managers, before entering on his duties, shall take and subscribe before some officer of Montgomery county qualified by law to administer oaths, or before each other in the absence of such officer, 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 for by the mayor and council, and the voting shall be by ballot. 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 two days before the election, and notice thereof given to the person appointed; and if any one or more of said managers

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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 by the mayor pro tem., in the absence of the mayor, or in the absence of both, by any councilman then in office. The said managers of said election shall receive such compensation as may be fixed by the city council, not to exceed two dollars per day each, to be paid out of any funds in the city treasury. Election managers. SEC. 8. Be it further enacted, That the polls at the elections held in and for the said city shall open from 8 o'clock a.m. to 4 o'clock p.m., when they shall be closed and the managers of said elections shall proceed to count the ballots and consolidate the returns of said election and certify the same. They shall keep two lists of voters and two tally-sheets, and shall make 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 Montgomery county. The other list of voters and tally-sheet shall be filed with the clerk of the city council by the managers of the elections for delivery to the said city council, who shall meet within three days after the election is held and inspect the returns and declare the result of the election, which declaration of the result of said election they shall cause to be entered on record on their book of minutes. The clerk of the superior court and the clerk of the city council, after the expiration of thirty days from the time of the 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. Results of elections. SEC. 9. Be it further enacted, That all persons who have paid all taxes legally imposed and demanded of them 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 at least ninety days previous to the time when the election is held, and who are qualified to vote in the county of Montgomery for members of the General Assembly of Georgia, shall be considered electors and be entitled to vote in said city elections. Electors. SEC. 10. Be it further enacted, 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 by law after an indictment

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or presentment by the grand jury of Montgomery county has been preferred against him and he be convicted. Illegal voting. SEC. 11. Be it further enacted, That no person shall be eligible to the office of mayor, or of councilman 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 city and of the State. Eligibility SEC. 12. Be it further enacted, That the term of office of mayor and councilmen of the city of Vidalia shall be two years from the first Wednesday in January after their election, and until their successors are elected and qualified. On the first Wednesday in January of the 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 of this State author ized to administer oaths the following oath of office, to wit: I do solemnly swear that I will well and truly demean myself as mayor (or councilman, as the case may be) of the city of Vidalia 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 any councilman, or the mayor-elect, be absent from said meeting, he shall take the oath of office as soon as possible thereafter. Terms of office and oath. SEC. 13. Be it further enacted, 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 date of the election, by petitior, to the superior court of Montgomery county, plainly 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 Montgomery county. Immediately upon the filing of said petition with the clerk he shall transmit a copy thereof to the judge of the superior court of Montgomery county, and shall furnish the contestees, as set out herein, each with a copy of the petition. Upon receipt of a copy of said petition the judge shall fix a time and place of hearing and indorse the same on said copy; provided, that the time of hearing shall not be more than sixty nor less than thirty days from the date of his order, and may be at the session of the superior court of said county, or in vacation, as the judge determines. All parties shall receive from the clerk of the court ten days' notice of the time and place of hearing, and at the time and place the

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judge shall proceed to hear and determine said contest and all issues of law or fact submitted therein, and render final judgment therein, with the right of either party thereto to except to the judgment of the judge. The costs accrued in the hearing shall be charged to the losing party, and execution may issue to enforce its payment. Election contests. SEC. 14. Be it further enacted, 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. 15. Be it further enacted, 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 case of a vacancy in the office of councilman, caused by death, resignation, removal from the city, failure to elect, 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. 16. Be it further enacted, 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 in section 13 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 the city council to investigate his conduct with a view to 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 council. Neglect or malpractice. SEC. 17. Be it further enacted, 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

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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 open to the inspection of any one who is required to pay taxes in said city. Said council shall hold monthly, semi-monthy or weekly meetings, as they may determine, and the mayor, or mayor pro tem., may call such other and additional meetings as the emergencies may require, if in his judgment. At such meetings 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. Council, quorum. Meetings. SEC. 18. Be it further enacted, That the city council shall, the first meeting after their election and qualification, elect one of their members as mayor pro tem., who shall, in the absence of the mayor and in case of his disqualification, 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, That said city council shall have power to elect one or more policemen, one of whom shall be known as the chief of police, also a clerk and treasurer; provided, the clerk and treasurer may be the same person, if thought advisable by the mayor and councilmen. They may elect a city attorney, city physician and such other officers as to them may seem necessary and proper. 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 the mayor pro tem. and councilmen, 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. Each of said officers shall, before entering upon the discharge of their duties, take an oath to faithfully discharge said duties, such oath to be prescribed by the mayor and councilmen; such officers to receive such salary and to make such bonds as the mayor and councilmen may prescribe. Any of said officers may be dismissed from office at any time by a majority vote of the city council when it shall satisfactorily

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appear to the mayor and council that the said officers have been negligent of duty. Officers. SEC. 20. Be it further enacted, That the mayor of said city shall be the chief executive of the city of Vidalia; he shall see that all laws, ordinances, resolutions, by-laws and rules of said city are faithfully and fully enforced and executed, and that all officers of said city shall faithfully perform the duties required of them. That the city council 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 pass unless it receives the vote of three councilmen, if there be a full board 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 a 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 when a tie arises, whether with a full board present or not, and such vote, when east, shall count as the vote of a councilman in determining whether any ordinance has received the three votes necessary to 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, 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 may have the same published in any newspaper of said city, but the failure to so post or publish any ordinance, resolution or measure shall in no wise operate to render same void. Mayor, executive powers. SEC. 21. Be it further enacted, That the mayor of said city may exercise within the city the power conferred upon constables and sheriffs to suppress disorder and to keep the peace; he shall have the power, when necessary, to call on every male inhabitant of said city twenty-one years of age and over to aid in enforcing the laws and ordinances of said city or in suppressing riot or disorderly assemblages of any kind; he shall have the right to inspect

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the books and papers of any 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 to the affairs of the city, and he shall recommend for the consideration of the council such measures as he may deem fit and proper. Mayor, authority of. SEC. 22. Be it further enacted, 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 council may hold a court to be called a 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 in evidence, and punish for contempt. The punishment for any violation of a city law, ordinance, rule or for contempt shall be a fine not exceeding $200.00, or imprisonment in the guard-house for a term not exceeding three months, or to work on the streets or such other place or places, where the offender may be lawfully placed at work, not to exceed three months; one or more or all of these punishments may be imposed, in the discretion of the trial court. Any person convicted of any offense before the trial court may enter an appeal from the judgment of said court to the city council; provided, the appeal be entered instanter and a bond be given for his appearance to abide the judgment of the city council sitting as a court. But if the accused will make oath that he is unable to give bond he shall nevertheless enter an appeal in forma pauperis and shall be given a speedy trial. The accused shall have the right to be heard by counsel in any trial in the mayor's court. In case an appeal is entered and bond given, the mayor or chief of police shall assess the bond and approve the same. The trial on the appeal shall be had before the mayor and the entire city council, unless it be impossible to have the full board present; then the trial shall be had before the mayor and three members of the council, and it shall require the votes of not less than three members of the city council to reverse the judgment of the first trial court. If in the trial the judgment of the first trial court is reversed the offender shall be acquitted, but if the judgment is affirmed no further sentence shall be imposed upon the offender, and the original sentence shall be at once enforced unless suspended by the writ of certiorari from the superior court of Montgomery county, the right of certiorari in accordance with the law being hereby given. The city council

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shall have the right to establish a city chain-gang in said city, to own and possess a guard-house and provide for the confinement of offenders therein during the time they are not at work, and to provide for their maintenance during the period of imprisonment. The city employees in charge of convicted offenders shall have the right to administer such reasonable discipline to such offenders as may be necessary to enforce obedience to the rules and regulations which may be prescribed by the city council. Mayor's court. SEC. 23. Be it further enacted, That if on the trial of any person before the mayor's court for a violation of any ordinance or law of said city, it shall appear that such person is probably guilty of offense against the penal laws of the State, it shall be the duty of the court so trying the offender to commit him to prison or let to bail to answer before the court having jurisdiction of the same for the offense committed. Commitments. SEC. 24. Be it further enacted, That it shall be lawful for the chief of police of said city, or any regular or special policeman or marshal thereof, to arrest without a 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 in said limits of disorderly conduct, public indecency or any other violation of the ordinances or laws of said city, and to hold such person so arrested until a hearing of the charges can be had before a proper officer; and to this end the arresting officers are authorized to imprison and confine any person arrested by them in the guard-house. To effect an arrest, in case it be necessary, the police or marshal or any arresting officer shall have authority to call to his assistance the sheriff of the county, or his deputies, or any constable of the county or any other citizen of the city, and such persons, when so summoned, shall be bound to assist and aid such officers, and for failure to so do may be punished in the mayor's court in the manner heretofore provided. Arrests. SEC. 25. Be it further enacted, That the chief of police or any lawful officer of said city shall have the right to accept from any person arrested by them a good and sufficient bond, which bond shall be approved by the arresting officer, conditioned for the appearance of the offender before the mayor's court on a day certain, which bond shall be payable to the city of Vidalia in an amount fixed by the arresting officer. When a bond is given and accepted by the arresting officer, he may then release the offender, but if it be a matter which, in the judgment of the arresting officer, it would be dangerous to the public to release the offender

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and permit him to be at large, said arresting officer may refuse to accept a bond and release the offender, but may commit him to the guard-house until the day of trial, and in such event it shall be the duty of the mayor to call his court as early as practicable and give the offender a speedy trial. Appearance bonds SEC. 26. Be it further enacted, That if any person who has been arrested for violating any law or ordinance of the city of Vidalia, and has given bond for his or her appearance before the proper city authorities to answer to the charge preferred, fails to so appear at the time and place fixed in the bond, said bond shall be declared forfeited, and rule nisi shall issue directed to the principal and security or securities, 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 date of the forfeiture, why the bond should not be absolutely forfeited. Copies of the rule nisi shall be served on the principal and surety or sureties named in the bond at least ten days before the sitting of the court to which it is made returnable, either personally or by leaving same at the most notorious place of abode of the person on whom service is perfected, or by publishing the same in any gazette published in the city once a week for four weeks, or if no paper is published in the city, service may be perfected by posting a copy of the rule nisi at the court-house and three public places in the city thirty days before the sitting of the court. If at such return term no sufficient cause is shown to the contrary, the forfeiture shall be made final and absolute, an execution shall issue against the principal and the surety or sureties on said bond, or such of them as have been served, for the full amount thereof and all the costs of whatever nature, which execution shall be signed by the clerk and by the mayor of said city. Said execution shall be a lien on the property of the defendant and the sureties in the same manner as executions from the superior court of Montgomery county. Said executions shall be directed to the chief of police of the city of Vidalia, and to all and singular the sheriffs or constables of said State, any one of whom may execute the same. Forfeiture of bonds. SEC. 27. Be it further enacted, 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. To that end, 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 be authorized to levy

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and collect an ad valorem tax upon all the property, both real and personal, in the corporate limits of the said city, not to exceed one half (1-2) of one per centum, but when that amount is deemed insufficient, said city council shall have authority to levy an additional tax in the mode and manner provided by the Constitution and laws of the State of Georgia. Ad valorem tax. SEC. 28. Be it further enacted, That the city council, in their discretion, shall have power and authority to levy and collect tax upon the gross sales of every merchant or other vendor of goods, wares, merchandise, etc., in said city; said tax not to exceed one half (1-2) of one per cent., and to be in lieu of a business tax. Tax on gross sales. SEC. 29. Be it further enacted, That said city council shall have the power and authority to provide for the levying and collection of a business tax 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 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, occupation, trade, business, and said city council shall provide by ordinance for the punishment of all persons required by ordinance to pay such occupation or business 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. Specific tax. SEC. 30. Be it further enacted, That said city council shall have power and authority to regulate and control by ordinance and to license all hotels, boarding-houses, restaurants, saloons for the sale of bottled goods, creams, ices, soft drinks of any kind and nature, livery, sale and feed stables, hacks, drays and other vehicles run for profit; auctioneers, itinerant traders, theaters and theatrical performances, shows and circuses and exhibitions of all kinds where an admission fee is charged; oil mills, ice works, laundry, water-works, electrict light plants, itinerant lightning-rod vendors, book agents, peddlers of merchandise of whatever

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kind, itinerant vendors of any kind of goods, wares, merchandise of any kind, offered for sale; every keeper of billiard, pool and bagatelle tables, a tax for each table so kept for public play, keeper of a shooting-gallery, or tenpin-alley or any game of chance, upon the keeper of any table, device, stand or play for the performance of any game or play, whether played with sticks or balls, rings or other contrivance, whether for money or other thing of value; upon balloons, flyin-jennies, or other like contrivances, skating-rinks, life, fire or accident insurance agents, banks and bankers, brokers and commission merchants, beef markets, green grocers, dealers in fish and oysters, contractors and builders, barber shops, junk shops, pawnbrokers, repairers of bicycles and menders of shoes, and upon all and every establishment, business, trade or occupation not herein mentioned and which, by the laws of the State, are subject to license. Licenses. SEC. 31. Be it further enacted, That 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 apply for a license for any business in said city for which a license is required at any time after the fiscal year has begun, said city council shall have authority to require from such person the same amount as required for a license for a full year, unless the city council desire to prorate the amount, which, in their discretion, may be done; provided, 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; provided further, that this section of this Act is not compulsory, but only discretionary, and the said city council may issue licenses and collect the same for any portion of the year. Fiscal year. SEC. 32. Be it further enacted, That said city council shall have power to enforce by execution the collection of any debt or claim due or to become due to said city for taxes, license fees, fines and forfeitures, for cleaning and repairing privies, and for abating nuisances, for laying sewers and drains, and for any and all levies, assessments, fines, debts and demands, due or to become due, to said city, said executions to be issued by the clerk of the council and signed by him and bear test in the name of the mayor of the city of Vidalia, directed to the chief of police of the city of Vidalia, and to all and singular the sheriffs, the deputy sheriffs and constables of this State, and who are authorized to execute and levy the same upon the property against which it is issued, or on the property of the owner against whom such execution

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shall issue, and the same to be sold as is provided by the Code of Georgia, 1895, by sections 732, 733, 734, 735, in case of sales for taxes. Debts due city collection of. SEC. 33. Be it further enacted, That the said city council shall have power to provide by ordinance when the taxes of said city shall fall due, and tax executions shall issue against all persons who have not paid their taxes by the time fixed and defined by ordinance. Taxes, when due. SEC. 34. Be it further enacted, That the said city council shall have power and authority to contract debts and to issue bonds of said city under and in accordance with the limitations provided in the Constitution and the general laws of the State applicable to municipalities, and with the funds arising from the sale of any bonds thus issued, may refund existing debts, establish and maintain a system of water-works, a system of lights, erect public buildings or any other improvement, convenience or necessity for the use of the citizens of said city, and to create a debt and issue bonds of said city for any other lawful purpose under the limitations therein stated. Power to make debts and issue bonds. SEC. 35. Be it further enacted, That the city council of said city are authorized to purchase real estate in said city of Vidalia, and erect thereon a building in which said corporate authorities and the officers of the said city may transact the public business of the city, and in which to keep the records, archieves 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 tax upon all real and personal property 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, that said city council shall not levy and collect said tax until the question is submitted to and approved by two-thirds of the qualified voters of the city of Vidalia, voting at an election for this purpose, and held under the same rules and regulations as other city elections, and of which election notice shall be given by published same once a week for four weeks in a newspaper published in said city, and if no paper is published in said city, then the notice shall be published in the newspaper published in the county of Montgomery in which sheriff's advertisements are published. 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

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two thirds of the qualified voters vote in favor of levying the tax, then the city council shall be empowered to levy and collect the tax for the purposes named. Public buildings. Tax for. SEC. 36. Be it enacted by the authority aforesaid, That every male person between the ages of sixteen and fifty years, who has resided in said city thirty days, shall be liable and subject to work on the streets and sidewalks of said city not to exceed fifteen days in each year, at such times as the city council may require, or to pay a commutation tax in lieu thereof, not to exceed $5.00 per year, as the 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 commutation tax in lieu of such service, after having received due and timely notice to do so, as the council may require, he shall be punished, and on conviction in the mayor's court, be fined or imprisoned in the city prison, or made to labor on the streets and sidewalks in accordance to such ordinances as may be enacted covering this matter. Street duty or commutation tax. SEC. 37. Be it further enacted, That said city council shall have power to impose a tax on all dogs within said city; provided, that the tax shall not exceed one dollar per head on all dogs, and this tax may be enforced and collected by execution against the owner of the dog, as other taxes are enforced and collected. When the owner of the dog pays the tax required of him by the council, the council shall issue to him a collar with a metal tag with the words tax paid, and the year stamped thereon, which the owner of the dog shall be required to keep on the dog. If the tax is not paid within the time prescribed by the council, and notice of the same is given to the owner of the dog, the chief of police or any marshal shall have the right to kill such dog if found running at large on the streets of said city. Tax on dogs. SEC. 38. Be it further enacted, That the city council shall have the power 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 of any citizen of said city; also, to vacate, close, alter, widen, curb, pave and keep in repair and good order all streets, alleys, avenues, sidewalks, etc., and to construct and keep in repair drains, sewers, gutters; to lay of and improve public parks and grounds; to keep all public grounds, streets, lanes, sidewalks, alleys, or other ways free from obstructions of any kind; to regulate the width of the streets, sidewalks, cross-walks on the streets;

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to grade or to change the grade of all streets, sidewalks, alleys, avenues or other ways; to require abutting landowners to curb, pave, or improve sidewalks at their own expense under the direction of the city authorities, and upon failure of such landowners to do so, the city authorities may have such work done and collect the cost thereof from the abutting landowners by execution as other taxes are collected. Condemnations for streets, etc SEC. 39. Be it further enacted, That the city council shall have the right and power to regulate the use of all sidewalks, cross-walks and bridges over or under the same; to require the owners or occupants 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, filth, dirt, offal, garbage or any offensive matter into any street, alley, lane, sidewalk or public place within the city limits, or into any stream of water adjacent to the city, and to prevent any injury to the streets, sidewalks, lanes or avenues, or to any of the public grounds or buildings of the city; also, to regulate or prohibit the use of the streets and public grounds for signs, sign-posts, awnings, telegraph and telephone poles, horse racks and troughs and the posting of handbills and advertisements, and to prohibit the scattering on and over the streets and sidewalks of waste paper, refuse, goods boxes and the like, and to regulate or provide for curbs, gutters that flow into the streets or on the sidewalks of said city. Streets, etc., care of. SEC. 40. Be it further enacted, 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 the same they shall give notice in writing to the owner of the land through which said street, lane or alley is to be opened, widened or changed, twenty days, during which it shall be lawful for such owner, his agent or attorney, in case he cannot agree with the authorities as to the amount of damages, to file objections to the opening of said new street, canal or alley, or to the widening or changing the old street, lane or alley, and to make claims for damages which may result to such owner. In case no objection or claim for damages is filed within twenty days it 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

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change is proposed to be made shall be estopped thereafter from claiming any damages by reason of the opening of said new street or the changing or widening of the 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 of the city, and the owner or his agent shall select another, and the two a third, and in case the said owner shall refuse to select an assessor, the ordinary of Montgomery 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 damage resulting therefrom; provided, either party being dissatisfied with said award shall have the right to appeal from the same to a jury in the superior court of Montgomery county under the laws governing appeals in other cases. Streets, etc., condemnations for. SEC. 41. Be it further enacted, That the city council shall have 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 fire limits, which shall have been damaged by fire, decay or otherwise to the extent of fifty per cent. of their 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 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 executions issued by the city; and the 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 and fireplaces, hearths, stoves, stovepipes, ovens, boilers, and apparatus used about any buildings 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. 42. Be it further enacted, That the city council of said city shall have full power to prevent horses, mules, cattle, hogs, sheep, goats, dogs and all other animals and fowls from running

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at large in said city, and to regulate or prohibit the keeping of hogs in said city, and shall have full authority 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 pounds. SEC. 43. Be it further enacted, 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 or water-works for the purpose of furnishing the said city with lights and with water, and may pay such amounts as purchase or rental as they may deem proper. Whenever the city council shall contract for water or electric lights for the use of said city, they may, by ordinance, if they deem best, limit the rates to individual consumers. The city council shall have power to regulate the operation of such electric light works or water-works, and impose upon their owners or operators or lessees such duties, obligations, restrictions and liabilities as they may deem just and equitable for the proper protection of the citizens of the city and the city government. Said city council may also pass and enforce such ordinances as become necessary for the protection of the owners, operators or lessees of such works. Light and water. SEC. 44. 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 March each year after the passage of this Act, shall return the same for taxation under oath, at any time from the first of March to the first day of July of each year, to the clerk of said city or other officer authorized to receive tax returns for said city. The city council 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 the 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 taxpayers of every kind and description, both real and personal, including money, notes and accounts, choses in action, mortgages, bonds, stocks of all kinds, not by law exempt from taxation. The full value of all notes, accounts, mortgages, liens, stocks,

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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 in March of each year, be returned, whether solvent or insolvent, and with the estimated value of all such notes, accounts, mortgages, 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 returns are made, or before some officer of this State authorized 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 March of the present year subject to taxation in the city of Vidalia, including money, notes and accounts, mortgages, bonds, liens, stock and all other investments and securities; so help me God. The clerk of said city shall close the books for receiving tax returns at sunset on the first day of July of each year, and shall deliver the returns to the city council at the next regular meeting, when they shall proceed to make their assessment. Tax returns. SEC. 45. Be it further enacted, That said city council shall have power and authority each year, at their first meeting after the books for receiving tax returns are closed, if in their discretion they see proper, to appoint three upright and discreet men, residents of said city, holding no office of said city, to act as tax 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 said city; and if in their judgment they shall find the property embraced in the return, or any portion of same returned below its true value, they shall assess the value thereof within twenty days after their appointment, and whenever they shall raise the valuation at which the taxpayer has returned his property, they shall give him or her notice in writing of their assessment, and it shall be the taxpayer's privilege, if dissatisfied with the assessment, to have the matter submitted to three disinterested persons residents of the city, one of whom shall be selected by him and one by the assessors, and the other by these two so selected, and a majority of these shall fix the assessment, which shall be final. Tax-assessors. SEC. 46. Be it further enacted, That the city council shall have the power to regulate or prevent the storage of gunpowder, dynamite, or any other explosive substance, rosin, turpentine, petroleum, cotton or any other combustible material within the

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limits of said city; to regulate or prohibit the building of bon-fires-and the exploding of fireworks, torpedoes, skyrockets and Roman candles, firecrackers and other pyrotechnic displays within the city limits. Explosives SEC. 47. Be it further enacted, That said city council shall have the power to summarily and forcibly remove at any time, and without notice to any one, any and all obstruction of any character from the streets, sidewalks, alleys and avenues of the city. They shall have authority to prevent loiterers, tramps, vagrants, and idle persons and lewd females from walking the streets and sidewalks of the city, and may punish them, in their discretion, by any punishment authorized by this Act; and whenever it shall appear to the mayor by evidence sufficient to excite suspicion that any room, house or building is being used in said city as a house of ill-fame or as a residence of lewd women, as a place where spirituous or intoxicating liquors are sold in violation of law, or a place where gambling is being carried on, or other immoral and illegal and disorderly practices are carried on, the mayor may order the police or any marshal of said city to enter said building, house, room, cellar or shack, by force if necessary, and arrest the occupants thereof and bring them before him to be dealt with according to law; that said city council shall have the power to regulate traffic and sales upon the streets, to regulate the speed of trains, cars, locomotives within the city limits, to prevent fast driving of horses or other animals through the streets; to suppress rowdy or disorderly houses, gambling dens, houses of ill-fame and prohibit the sale or exhibition of any obscene or immoral publications, prints or illustrations within the city; that the city council shall have power to declare what shall be a nuisance and to abate the same, to provide for the punishment of all persons who may create or permit nuisances to exist; to prevent the establishment of any offensive or unhealthy place of business within the city; to compel the owner of any stable, hog-pen, privy, or any offensive or unhealthy nauseous house or place, to cleanse, abate or remove the same, and to regulate the locations thereof; to prevent the keeping or storage, for illegal purposes within the city, any wine, whisky or other spirituous or intoxicating liquors of any kind, and to punish any person for violating any ordinance relating thereto. Police powers. SEC. 48. Be it further enacted, That said city council shall have power to enact ordinances for the purpose of preventing the spread of any contagious or infectious diseases, to declare, maintain

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and enforce quarantine regulations against such diseases, and to punish for violating any of the quarantine regulations of said city. They shall have power to build or establish a pest-house outside the city limits, and for this purpose they are authorized to buy, hold or receive real estate outside the city, or to condemn such real estate, if it cannot be purchased under the rules heretofore established for the condemnation of property. They shall have power to compel the removal to the pest-house any person or persons who have the smallpox or other contagious diseases, when in their judgment it is best for the welfare and health of the city. They shall have power to compel all persons to be vaccinated, both permanent residents or sojourners, and may provide vaccine points and employ a physician at the expense of the city to vaccinate all persons who are unable to procure it done, and may provide by ordinance such punishment of persons failing to be vaccinated. Quarantine. SEC. 49. Be it further enacted, That the mayor and city council shall have the right to revoke any license at any time that may be granted by them under the provisions of this charter, whenever it is sufficiently shown to them the person or persons to whom said license was granted is abusing the same, or when it is to the best interest of the city to do so. License, revocation of. SEC. 50. Be it further enacted, That the mayor and council shall have power and authority to grant license to and authorize any person or persons to sell, either by retail or otherwise, spirituous, malt or intoxicating liquors, beer or any other fermented liquors or drinks, within the city limits; provided, however, the license fee required shall in no event be less than the sum required by Montgomery county, to wit: $5,000. Liquor, license to sell. SEC. 51. Be it further enacted, That the city council shall have power and the right 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 councilmen shall by ordinance direct. Fees of officers. SEC. 52. Be it further enacted, That it shall be the duty of the clerk of the city council, on the first Wednesday in August of each year in which an election is to be held for mayor and councilmen of the said city, to open a book for the registration of the qualified voters of said city, which book the city council shall cause to be procured. Said book shall be kept in some convenient place to the public, and be kept open from 7 o'clock a.m. to 6

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o'clock p.m. each and every day except Sunday and legal holidays until the fourth Wednesday in November, when said book shall be absolutely closed. Said clerk shall give notice to the public when the book is open for registration of voters by publication or by posting in one or more conspicuous places in said city. It shall be the duty of the clerk, upon the application in person of every male person, who is qualified to vote for members of the General Assembly, and who has paid all taxes of every character legally imposed and demanded of him by the city, and who, on the day of the election, if then a resident, will have resided in said city for ninety days prior thereto, to register the name of such person, recording on said book, opposite the applicant's name, his age, occupation or business, and the place of his residence. Before registering an applicant the clerk shall administer to him the following oath: You do solemnly swear that you are a citizen of the United States; that you have resided in the State of Georgia for twelve months, in the county of Montgomery six months, and in the city of Vidalia for ninety days next preceding this registration, or that by the date of the next city election, if still a resident of said 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 your are twenty-one years old; that you have paid all tax due to the city of Vidalia, and that you have made all returns required of you by the ordinances of said city; so help you God. After said book is closed no person shall be allowed to register, unless it be shown that he was prevented from registering by providential hindrance, and if that be shown to the satisfaction of the clerk, he may permit the person to then register. When said book is closed, it shall be the duty of said clerk to make out a list of the voters in alphabetical order, the white voters separate from the colored, and deliver said lists to the managers of the election on the day of the election and when the polls are first opened. Said list must be certified to under the hand of the clerk of the city council of Vidalia. Registration of voters. SEC. 53. Be it further enacted, That any person voting at any city election who is not qualified to vote according to the provisions of the charter, shall be guilty of a misdemeanor, and may be indicted therefor before the grand jury of Montgomery county, and punished as prescribed by law. Illegal voting. SEC. 54. Be it further enacted, That the salary of all officers of the city of Vidalia shall be fixed by the mayor and council at the first regular meeting after their installation and qualification,

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which salaries shall not be increased nor diminished during the terms of office of said officer; provided, that the salary of mayor of said city shall in nowise exceed the sum of $500.00, and the salary of the councilmen shall not exceed the sum of $300.00, unless by an amendment to this Act. Salaries. SEC. 55. Be it further enacted, That it shall not be lawful for any member of the city council to be interested, either directly or indirectly, in any contract with the city of Vidalia, 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 any member of said council, or the mayor, shall subject him to removal from office, and to be punished in the courts of competent jurisdiction as for a misdemeanor. Contracts. SEC. 56. Be it further enacted, That said city council shall have power to protect places of divine worship, and all other lawful assemblages. They shall have the right to control and exercise supervision of cemeteries, and to that end may acquire, by purchase of gift, lands, either within or without the city limits, for the purpose of establishing a place for the burial of the dead. They shall have the right to sell or dispose of lots or sections in said cemetery, lay out and keep up walks, lanes or roads within the same, and to regulate the method of burial therein, and to do all and anything necessary for the health and safety of the citizens. Churches, cemeteries etc. SEC. 57. Be it further enacted, That to carry into effect the power 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 to make and pass all needful by-laws, ordinances, resolutions, rules and regulations not contrary to the Constitution and the laws of this State. General welfare. SEC. 58. Be it further enacted, That all legal contracts heretofore entered into by the town of Vidalia, or the corporate authorities thereof, shall be good and valid for or against the city of Vidalia, to the same extent that they would have been good or valid for or against the town of Vidalia had this Act not been passed. All the rights and liabilities of the town of Vidalia shall accrue and survive to and against the city of Vidalia. All property and the right thereof now held and owned by the town of Vidalia shall be and become the right and property of the city of Vidalia. Contracts SEC. 59. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 18, 1902.

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WARSAW, TOWN OF, NEW CHARTER. No. 123. An Act to amend, revise and consolidate the several Acts granting corporate authority to the town of Warsaw; to confer additional powers upon the mayor and aldermen of the town of Warsaw; to define the corporate limits of said town, and for other purposes. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by authority of same, That the corporate limits of the town of Warsaw, in the county of Chatham, shall be as follows: Within a line beginning at the head or southern end of that unnamed street which starts at the angle formed by the junction of said unnamed street and the road which runs between Thunderbolt and the site of the Georgia Industrial College, and which is designated as public road on that certain map of the town of Warsaw, surveyed and executed by E. J. Thomas, county engineer of Chatham county, Georgia, dated July 8, 1899, under authority of a resolution of the commissioners of said town of Warsaw, passed July 8, 1899, and running thence northwardly along the western side of said unnamed street all along the length thereof to a point where said western side of said unnamed street intersects the southern boundary line of the tract of land known as the Bonaventure Tract, thence eastward following said southern line of said Bonaventure Tract and the prolongation thereof across Warsaw river to a point at high-water mark on the eastern shore of said river, where such prolongation of said southern line intersects high-water mark on said eastern shore, thence running southward following said high-water mark along the eastern shore of Warsaw river until it strikes a point north thirty degrees east of and opposite to the mouth of the small creek at the point of the marsh on the west bank of said river, and southeast of Mather's point, as shown on said map, thence running south-westwardly directly across said river to the mouth of said small creek, thence up said small creek, following its windings, until it strikes a point twenty-seven hundred feet east of the angle of the point of beginning above designated and on southern boundary line of said town, as shown on said map, thence due west six hundred and fifty feet along said southern boundary line of said town

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until it strikes the point of intersection of the marsh and high ground just southwest of the corner of said Mather's tract, thence running southwestwardly, following the marsh along the foot of the high ground until it intersects the east end or prolongation of the public road first above mentioned along the north-west boundary of the tract of land on which is situated the Georgia Industrial College for Colored Youths, and thence running northwestwardly to the point of beginning. The said boundary line of said town of Warsaw, as herein prescribed and defined, being designated and shown by a double line traced upon said map along said boundary line and composing the whole area of said town of Warsaw, and including the stream of the said Warsaw river within said boundary along the entire front of said town. Warsaw, town of. Corporate limits. SEC. 2. Be it further enacted, That the municipal government of the town of Warsaw 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 aldermen of the town of Warsaw, and by that name and style shall have perpetual succession; shall have a common seal and be capable to purchase, have, hold, receive, enjoy, possess and retain to them and their successors, and to sell, lease and convey, for the use of said town of Warsaw, any property, real or personal, of whatsoever kind or nature, within or without the corporate limits of said town, for corporate purposes; shall, by the said name, be capable of suing and of being sued in any court of law or equity of this State. Mayor and aldermen. SEC. 3. Be it further enacted, That an election shall be held upon the third Tuesday in January of each year, beginning with the year 1903, and the hours of voting thereat shall be between seven o'clock in the morning and six o'clock in the afternoon. In January, 1903, a mayor and four aldermen, a clerk and a treasurer, shall be elected; the mayor, two of said aldermen and the treasurer shall be elected for two years, and the other two of said aldermen and the clerk shall be elected for one year. In January, 1904, and every two years thereafter, two aldermen and a clerk shall be elected; and in January, 1905, and every two years thereafter, a mayor, two aldermen and a treasurer shall be elected. Each of said officers shall serve for two years and until their successors are duly elected and qualified, except that the two aldermen and clerk elected in January, 1903, for one year, shall only serve one year and until their successors are elected and qualified. At the first meeting of the mayor and aldermen of the town of

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Warsaw, or as soon thereafter as practicable, one of the aldermen shall be chosen as mayor pro tem. by a majority vote of the mayor and aldermen. Elections. SEC. 4. Be it further enacted, That in case of a vacancy in any of the offices mentioned in the preceding section by death, resignation, failure to elect, removal from office, or otherwise, a special election shall be ordered by the mayor and aldermen of the town of Warsaw, within thirty days after such vacancy, notice of which special election shall be published in the newspaper in which the sheriff's advertisements of Chatham county are published, once a days for five days, commencing at least ten days and not more than fifteen days before the date of such special election; provided, if such vacancy shall occur within three months of the expiration of the term of office of such officer, said mayor and aldermen of the town of Warsaw shall not order such election, but shall fill such vacancy by a majority vote of themselves; provided further, that in case of a vacancy in the office of either clerk or treasurer, the said mayor and aldermen of the town of Warsaw shall, by a majority vote, appoint some fit and proper person to discharge the duties of said office until said vacancy is filled as hereinbefore provided; provided further, that all vacancies existing at the time of any general election for mayor and aldermen of said town shall be filled at such general election and without the five days' notice as herein provided for. Vacancies. SEC. 5. Be it further enacted, That all elections held under the provisions of this charter shall be superintended and managed by a justice of the peace of Chatham county and two freeholders, or three freeholders, all of whom must be duly qualified voters of said town, and each of said managers, before entering on his duties as such, shall take and subscribe an oath before some justice of the peace, or other officer qualified to administer an oath, that he will faithfully and impartially conduct said election, prevent all illegal voting, and honestly declare the result of said election to the best of his skill and power; and said managers shall keep, or cause to be kept, two lists of the qualified voters and two tally-sheets of such election. The appointment of managers and the form and regulations governing elections shall be the same as 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 special rules herein contained. All elections shall be held in the same manner. Election managers. SEC. 6. Be it further enacted, That the mayor and aldermen

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of the town of Warsaw shall, by ordinance, prescribe one voting place within said town; the voting place for the election on the third Tuesday in January, 1903, shall be the present meeting place of the mayor and aldermen of the town of Warsaw. 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, and the managers of elections shall issue, within twenty-four hours of such election, certificates of election to such persons. Voting place. 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 and one of said lists of voters, with the ballots, in the ballot-box and deposit the same, securely sealed, with the town marshal; the other list of voters and tally-sheet shall be filed, securely sealed, by the managers with the clerk; and said town marshal, after the expiration of sixty days from the date of the election, shall destroy the contents of said ballot-box, without examining, or permitting to be examined, said ballots; provided, no notice of contest of such election shall have been filed and be pending. Results. SEC. 8. Be it further enacted, That on the succeeding Wednesday after any election, or as soon thereafter as practicable, the persons elected shall appear at the council room and take and subscribe the following oath before any judicial officer of this State before he shall be entitled to enter upon the duties of his office, to wit: I, A B, do solemnly swear that I will faithfully and honestly perform the duties of mayor (aldermen, clerk and treasurer, as the case may be) of the town of Warsaw, to the best of my skill and ability, without favor or affection; so help me God, which oath, together with the certificates of election, shall be recorded on the minutes of said mayor and aldermen. Oath of office. SEC. 9. Be it further enacted, That the qualification necessary to entitle a person to vote for mayor, aldermen, clerk or treasurer of the town of Warsaw, at elections held for that purpose, shall be as follows: Said person shall be a male person of at least twenty-one years of age; shall be a freeholder, owning in fee simple in his own right, a lot or parcel of land returned for the year next preceding the election on the digest of the receiver of tax returns for Chatham county, in such person's name individually, and not as trustee, agent or otherwise, at a valuation of not less than $200; and said lot, in addition to having such value, shall contain

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not less than one eighth of an acre of land and shall be situated within the corporate limits of the town of Warsaw; he shall be a citizen of the United States, and shall have been a resident of the State of Georgia and of the county of Chatham continuously during the twelve months immediately preceding said election; he shall have paid all taxes due by him to the State, county or municipal authorities, and shall have registered in conformity with such regulations as are herein prescribed; provided, however, that where property is held by the heirs of a deceased person, such heirs shall be entitled to cast, in the aggregate, one vote through some person duly authorized in writing so to do by a majority of the heirs of full age; such person shall register as provided for other voters; provided further, that for special elections the property may appear either on the digest for the year next preceding, or the same year as such special election. Electors. SEC. 10. Be it further enacted, That the clerk shall open a list for the registration of voters on the fourth Monday in December, 1902, and on that day in each year thereafter, which list shall be kept open from nine o'clock a.m. to 12 o'clock m., and from 2 o'clock p.m. until 6 o'clock p.m. each and every day, Sundays excepted, until ten days preceding the election, when such list shall be finally closed; provided, that for any special election such list shall be opened by the clerk immediately upon the ordering of any special election, and by him kept open during the hours herein specified, until five days preceding the election, when such list shall be closed and shall be advertised once, at least three days before the date of such special election. Registration list. SEC. 11. Be it further enacted, That it shall be the duty of the clerk, upon application in person, or upon the 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 person, expressing in such register his name, age, occupation or business, and the place of his residence, and whether by written or personal application, all of which shall be entered by the clerk opposite the name of each applicant in a book kept for that purpose, and furnished at the expense of the town; and in every case the following oath shall be subscribed by the applicant, or attached in writing to the application, to wit: I do solemnly swear that I am at least twenty-one years of age; that I am a freeholder, owning, in fee simple, in my own right a lot or parcel of land, situate within the corporate limits of the town of Warsaw, and returned for the year 19, on the digest of the receiver of tax returns of

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Chatham county, Georgia, at a valuation of not less than $200.00 and comprising not less than one eighth of an acre of land; that I have resided in Chatham county, Georgia, one year preceding this election; I have paid all taxes and other charges due the town of Warsaw, Chatham county, and State of Georgia, and I am qualified to vote for the mayor and aldermen and clerk and treasurer of the town of Warsaw; so help me God; provided, however, that where persons claim to vote for the heirs of an undivided estate, he shall subscribe on oath that said estate owns in fee simple and unencumbered by any deed to secure debt, mortgage, claim, lien, or otherwise, a lot or parcel of land situate within the corporate limits of the town of Warsaw, returned for the year 19, on the digest of the receiver of tax returns of Chatham county, Georgia, at a valuation of at least $200.00, and containing not less than one eighth of an acre of land; that said estate has paid all taxes and other charges due the town of Warsaw, Chatham county, and State of Georgai; and that he is duly authorized in writing by a majority of all the heirs of said estate who are of age to vote for said estate. Registration of voters. SEC. 12. Be it further enacted, That it shall be the duty of the clerk and treasurer to arrange and publish once a list of the names so registered in alphabetical order in the gazette in which the sheriff of Chatham county publishes his official advertisements, such publication to be between the closing of the lists and the date of the election, and at least three days before the day of election and to post outside of the council room a printed list of the names registered, for at least three days preceding each election. Publication of registered voters. SEC. 13. Be it further enacted, That it shall be the duty of the clerk to furnish to the managers presiding at any election, before the opening of the polls, and on the day of or day before such election, a complete list of all the names arranged in alphabetical order, which shall have been registered according to foregoing provisions, certified over the official signature of said clerk and the corporate seal of said town, which list shall be kept before the presiding managers during said election, and when such election is over it shall be deposited in the office of said clerk, and by him safely kept. No person not on said list shall be authorized or permitted to vote. List furnished managers. SEC. 14. Be it further enacted, That any person voting or attempting to vote at such election, or registering prior to such election, who is not qualified to vote or not qualified to register, shall be guilty of a misdemeanor, and on conviction thereof in the superior

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court of Chatham county shall be punished by fine or imprisonment, or both, as prescribed in section 1039, volume 3, Code of Georgia, 1895. Illegal voting SEC. 15. Be it further enacted, That no person shall be eligible to the office of mayor, or of aldermen, or of clerk, or of treasurer, unless at the time of such election he is entitled to vote at such election; and should any officer of said town cease to have any one or more of the qualifications necessary to entitle him to vote in the elections of said town, his office shall become vacant, and successor shall be elected in the manner herein prescribed for filling vacancies in office in said municipality. Eligibility SEC. 16. Be it further enacted, That the clerk shall receive a salary not to exceed one hundred and twenty dollars per annum, to be fixed by an annual ordinance; and that the mayor and aldermen and treasurer shall serve without salary or compensation. Salary of clerk. SEC. 17. Be it further enacted, That the mayor shall be the chief executive of the town of Warsaw; he shall see that all laws, ordinances, resolutions and rules of the town are faithfully executed and enforced, and that all officers of the town faithfully discharge the duties required of them or pertaining to their office. The mayor shall have a general supervision of all the officers of the town; he shall preside at all meetings of the mayor and aldermen of the town of Warsaw; he shall have the right to vote in elections for officers, except as hereinbefore provided, and upon all other questions before said body where there is a tie vote, except upon questions where he is disqualified by reason of interest, relationship or otherwise. Mayor executive powers. 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 town of Warsaw, to be held by the mayor, and during his absence or disqualification, by the mayor pro tem., and in the absence of both, some aldermen designated by the mayor. Said court shall have the power to preserve order and compel attendance of witnesses; to punish for contempt by imprisonment not exceeding two days, or fine not exceeding ten dollars, either one or both, in the discretion of the mayor or other presiding officer. Said mayor's court shall have full power and authority, upon conviction, to sentence such offender to labor on the streets or other public works of said town, or to imprisonment or labor on the chain-gang of Chatham county, for a period not to exceed thirty days, or to impose a fine not to exceed one hundred dollars. Either or all of said penalties may be imposed, in the discretion of the court. Mayor's court.

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SEC. 19. Be it further enacted, That the mayor and each of the aldermen shall be bound to keep the peace, and shall be ex officio justice of the peace, so as to enable them to issue warrants for violations of the criminal laws of the State committed in the town of Warsaw, and shall have full power, on examination, to commit the offenders to the jail of Chatham county, 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. 20. Be it further enacted, That the clerk and the treasurer of said town shall discharge all the duties imposed by its charter and the laws and ordinances of said town, as may be required of them by the mayor and aldermen of the town of Warsaw. The clerk shall give bond with good security in the sum of $500.00 in some surety company, approved by the mayor and aldermen, conditioned upon the faithful performance of the duties of clerk of said town; and the treasurer shall give a bond similarly in the sum of $1,500.00, conditioned upon the faithful performance of his duties as treasurer of said town. The premium of said bonds shall be paid out of the town treasury. The treasurer shall be the custodian of the funds of the town. The clerk shall be the keeper of the records of said town, and shall be the clerk of the mayor's court; shall issue processes and discharge all duties that may be required of him by the laws, ordinances, rules, regulations and resolutions of the mayor and aldermen of the town of Warsaw. For any willful neglect of duty or for any abuse of the powers conferred on him not amounting to a felony, the clerk shall be subject to be indicted before the superior court of Chatham county, and upon conviction shall be fined any sum not exceeding $500.00, in the discretion of the court, and shall also be removed from office. Pending any criminal charge against him, the clerk of the town of Warsaw may, in the discretion of the mayor and aldermen of the town of Warsaw, be suspended from office, and during such suspension the mayor and aldermen of the town of Warsaw shall have the power to appoint some person to discharge the duties of his office. Clerk and treasurer. SEC. 21. Be it further enacted, That the mayor and aldermen of the town of Warsaw shall have full power and authority to appoint or elect such officers as may be deemed necessary and proper for the safety, health and welfare of said town; and shall have the power to regulate the time, mode and manner of electing or appointing such officers or agents, to fix their fees and salaries, to take their bonds, to prescribe their duties and their oaths; and

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may, at discretion, suspend, remove or discharge them at any time with or without cause. Officers. SEC. 22. Be it further enacted, That for the purpose of raising revenues for the support and maintenance of the town government, the mayor and aldermen of the town of Warsaw shall have power and authority to prescribe by ordinance for the return of all property, real and personal, for taxation, at its true cash market value, and no more; and for the levy and collection of an ad valorem tax on all real and personal property within the corporate limits of said town; provided, however, that the said ad valorem tax shall in no event exceed one tenth of one per cent.; to prescribe the time for making such returns; to double tax and assess defaulters and persons making insufficient returns, in the same manner as is prescribed for double taxation and assessment by the county receiver of tax returns. Such levy shall be by ordinances duly passed and recorded, and which shall have stated the specific purposes for which levied and the per cent. levied for each purpose, the total percentage not to exceed one tenth of one per cent. Such levy shall be published once a week for four weeks in the newspaper in which the sheriff's advertisements are published for said county before the time appointed for the collection of such taxes. Tax returns, levy and collection. SEC. 23. Be it further enacted, That the mayor and aldermen of the town of Warsaw shall have the right, and it is hereby made their duty, during December of each year, for the succeeding year, to prescribe the time or times at which all taxes and licenses shall be due, and shall have the power to enforce the same by execution issued by the clerk directed to the marshal, and bearing test in the name of the mayor, and sales under such executions shall be had as prescribed in sections 732, 733, 734 and 735 of volume 1 of the Code of Georgia of 1895 and the Acts amendatory thereof. Taxes, when due, how collected. SEC. 24. Be it further enacted, That the mayor and councilmen of the town of Warsaw shall have power and authority, in addition to the foregoing, to levy and collect a specific tax or occupation tax, on all business, corporations, professions, callings or trades exercised within the town, as may be deemed just and proper; to fix a license on theatricals, exhibitions, circuses and shows of all kinds; on the sale of spirituous, malt or intoxicating liquors; on drays, hacks, hotels, boarding-houses, restaurants, fishstands, livery stables, auctioneers and vendue-masters; itinerant traders, itinerant lightning-rod dealers, emigrant agents, clock

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and [Illegible Text] peddlers of all kinds, itinerant dealers in jewelry, and all other traveling or itinerant vendors of articles, goods, wares and merchandise of every nature whatsoever; every keeper of a billiard, pool or bagatelle-table, kept for public use; every keeper of a shooting-gallery, tenpin or bowling-alley, when kept for public use; upon the keeper of any other table, stand or place on which any games are played with sticks, balls, rings or other contrivances by the public for pecuniary gain; and upon the keeper of flying-horses, velocipedes and skating-rinks, insurance agents of life, fire and accident companies, brokers, dealers in futures, loan agents and agents of every and any other business or calling whatever; keepers of slaughter-houses, oyster-houses or factories, beef markets, green groceries, groceries, dealers in fish and oyster establishments, fruits, bread and other articles of food; upon every junk-shop, pawnbroker and upon all other establishments or business callings or avocations not heretofore mentioned, and which, under the laws of the State of Georgia, are subject to license or occupation tax. Specific taxes. SEC. 25. Be it further enacted, That the mayor and aldermen of the town of Warsaw shall have power and authority, after just and adequate compensation first paid therefor, to open, lay out, widen, straighten or otherwise change all the streets, sidewalks, alleys and squares in said town. Whenever the said mayor and aldermen of the town of Warsaw shall exercise the power herein delegated, and shall fail to agree with the owner or owners of the property to be taken or damaged, as to the amount of the value of said property, or the damages, the said mayor and aldermen of the town of Warsaw shall choose one appraiser and the owner of the land sought to be taken or damaged choose another appraiser, and the two thus chosen, if they fail to agree, shall select a third appraiser, and the three appraisers thus chosen, after being first duly sworn to do justice between the parties, shall fix the damages to the owner of the property caused by the opening or changing of such street, alley, sidewalk or square, and if the property owner shall fail, after five days' notice, to name an appraiser, the clerk of said town shall appoint one for him; and in every case where the two appraisers shall, for the space of five days, fail to agree upon a third appraiser, the clerk shall appoint such appraiser; provided, the said appraisers, whether chosen by the parties or appointed by the clerk, shall be qualified voters of said town. 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 Chatham

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county, and shall thereupon operate as a judgment, and execution may issue thereon. Either party may, within ten days from the filing of the award, enter an appeal to the superior court of Chatham county. All costs, including fees of appraisers, shall be paid by said town; and at any stage of the proceeding to condemn before or after the final award, the mayor and aldermen of the town of Warsaw may, by paying 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, etc. SEC. 26. Be it further enacted, That the mayor and aldermen of the town of Warsaw shall have full power and authority to establish and fix a system of grading and draining of the streets of said town as may be deemed proper, and shall have the power to compel owners or lessees of property to construct and keep in good order the sidewalks in front of their property. If any owner or lessee shall fail to comply with the requirements of the mayor and aldermen of the town of Warsaw in this regard, the work shall be under the direction of the town authorities, and execution shall issue for the cost thereof against such owner or lessee, to be collected as other executions issued by the clerk. Drainage. SEC. 27. Be it further enacted, That the mayor and aldermen of the town of Warsaw shall have full power and authority to establish and maintain a system of water supply and a sewerage system for said town; to compel lot owners to connect with said sewers, and may purchase or condemn any property within or without the town as may be necessary for either of said public works. In case it shall be necessary to condemn any property under this section, or for any other public works, the proceedings shall be the same as in section 25 of this charter. Water and sewers. SEC. 28. Be it further enacted, That the mayor and aldermen of the town of Warsaw shall have power and authority to move, or cause to be moved, any stove, oven, stovepipe, or other thing which shall endanger the town as to fire, at the expense of the owner and as the prudence of the said mayor and aldermen shall direct. Protection against fire SEC. 29. Be it further enacted, That the said mayor and aldermen of the town of Warsaw shall have power and authority to enforce by execution the collection of any amount due or to become due for taxes, water rents, licenses, tax assessments and appurtenances of every kind, for fines and forfeitures, for paving streets, sidewalks, lanes and alleys, laying sewers and drains, for cleaning and repairing privies, and for any other debt due the

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town. Such execution shall be issued by the clerk against the person, corporation or firm by whom any such debt may be due, which execution shall be levied by the marshal on the property of the owner against whom such execution shall issue and the same sold as provided by the Code of Georgia of 1895, for municipal levies and sales for taxes, or any amendments thereof. Municipal claims, how collected. SEC. 30. Be it further enacted, That when fi. fa. shall issue as provided in the preceding section, and property shall be claimed by a third person, such claimant may interpose his claim thereto as now provided by law for claims under tax fi. fas. for State and county taxes; such claim to be returned to and heard in the superior court of Chatham county. Claims, how tried SEC. 31. Be it further enacted, That should the mayor and any alderman, or other officer of said town, while in office, be guilty of any wilful neglect of duty or abuse of power, or of holding office in said town after he becomes disqualified for any reason, he shall be subject to be indicted before the superior court of Chatham county, and upon conviction shall be fined not exceeding $500.00, in the discretion of the court, and shall be removed from office. Malpractice. SEC. 32. Be it further enacted, That it shall be the duty of the marshal of said town to arrest and prosecute all offenders against the laws of this State for crimes committed within the limits of said town. It shall also be his duty to arrest, or cause to be arrested, all disorderly persons, all persons committing or attempting to commit any crime or offense against the ordinances of said town, and to commit them to the guard-house of said town or other place of confinement to await trial. It shall further be his duty to execute all processes and orders of the mayor and aldermen of the town of Warsaw, and to discharge any other duties imposed upon him by the laws, ordinances, rules and regulations of said town. Marshal, duties of. SEC. 33. Be it further enacted, That it shall be the duty of the marshal to levy all executions in favor of the town, and, after advertising the property so levied on once a week for four weeks before the date of sale, in the newspapers in which the sheriff's advertisements of Chatham county are published, he shall sell the property so levied on before the court-house door in Chatham county, on the first regular sales day thereafter, 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 outery to the highest bidder and execute titles to the purchaser, and shall have the same power to place the purchaser in possession as have sheriffs of this State. Marshal, duties of.

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SEC. 34. 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 said court to the mayor and aldermen of the town of Warsaw, and shall have the right to give bond with security in such sum as may be fixed by the mayor or other presiding officer for his appearance before the mayor and aldermen of the town of Warsaw. The mayor and aldermen of the town of Warsaw shall try all appeals de novo, and may, in its judgment, confirm the judgment of the mayor, reduce or increase the punishment, or discharge the defendant; provided, however, there can be no appeal until the fine inflicted shall have been first paid into the treasury of the town. Appeal. SEC. 35. Be it further enacted, That any person who may be convicted before the mayor and aldermen of the town of Warsaw may, by giving notice of an intention to certiorari, suspend the judgment and be released from custody at once, upon giving bond with security in such sum as may be fixed by the mayor, or mayor pro tem., for his appearance; provided, that the certiorari from said mayor and aldermen shall be sued out within twenty days from the date of the judgment; provided further, no such certiorari shall issue until all costs have been paid, or an affidavit made by defendant showing his inability to pay costs. Certiorari. SEC. 36. Be it further enacted, That the mayor and aldermen of the town of Warsaw may, in their discretion, appoint five freeholders of said town, who shall constitute a board of health of said town, which board of health shall serve without compensation. It shall be the duty of said board of health, three of whom shall constitute a quroum, to meet as often as may be necessary, to visit every part of the town of Warsaw. Any nuisance or sickness which is likely to endanger the health of said town, or of any of the inhabitants thereof, the mayor and aldermen of said town of Warsaw shall have power, upon the report of said board, or without such report, to cause any such nuisance to be abated 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 aldermen of the town of Warsaw may determine, and for the amount so expended the clerk of said town shall 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; and such execution may be collected by levy and sale as are other executions issued by the clerk. All vacancies that may occur in said board of health shall

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be filled by the mayor and aldermen of the town of Warsaw as soon thereafter as practicable. Board of health. SEC. 37. Be it further enacted, That the mayor and aldermen of the town of Warsaw shall have power and authority to establish such quarantine regulations against persons who may have been exposed to smallpox, yellow fever, scarlet fever, diphtheria, or other contagious or infectious diseases, as it may deem proper, and to establish and maintain a smallpox hospital or pest-house for the isolation of any contagious or infectious diseases, and to cause to be removed to such pest-house all persons afflicted with such diseases, except such persons as shall, at their own expense, provide suitable guards, who shall be selected by the mayor and aldermen of the town of Warsaw, to successfully quarantine the premises where such case or cases of contagious or infectious disease may be located; and the said mayor and aldermen of the town of Warsaw shall have full power and authority to make, pass, adopt and enforce any and all regulations for the proper maintenance and protection of the health of said town and its inhabitants. Quarantine. SEC. 38. Be it further enacted, That the mayor and aldermen of the town of Warsaw shall have power to either lay off, grade, pave or keep in order the roads, streets, lanes, alleys, sidewalks, cross-walks, drains and gutters of said town, and to improve and light the streets and have the streets kept free from obstructions on or above them; to establish, regulate a market, and 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, or others animals from going at large in said town; to protect places of divine worship in said town; to regulate the keeping of gunpowder and other conbustibles; to provide, in or near said town, a place for the burial of the dead, and to regulate interments therein; to provide for drainage of property 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 the town, and to preserve peace and good order therein, and for these purposes to appoint, when necessary, a police force to assist the marshal in the discharge of his duties; and to prescribe the powers and define the duties of the officers appointed by the mayor and aldermen of the town of Warsaw, to fix their term of service and compensation, to require and take from them bonds, when

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deemed necessary, payable to the mayor and aldermen of the town of Warsaw, with such securities and in such an amount as said mayor and aldermen of the town of Warsaw may see fit, conditioned for the faithful performance of their duties; to erect, or authorize, or prohibit the erection of gas-works, water-works, or electric light works in said town; but before such erection or authorization or prohibition shall be undertaken or permitted or prohibited, authority thereof must be first given by a favorable vote from majority of the qualified voters of said town at a special election called for that purpose; to regulate and provide for the weighing of hay hauled and other articles sold, or for sale, in said town. Police powers. Officers. Light and water. SEC. 39. Be it further enacted, That the mayor and aldermen of the town of Warsaw shall have full power and authority to establish and adopt all ordinances, rules, regulations and resolutions passed, not in conflict with the Constitution and laws of the State of Georgia, which tend to promote the safety, health, good order and general welfare of the inhabitants of said town. General welfare. SEC. 40. Be it further enacted, That the mayor and aldermen of the town of Warsaw, from and after the passage of this Act, shall, during the first week in February, 1903, and the first week in August, 1903, and semiannually thereafter, during the first week in February and August of each year, make itemized reports of all money received and of all expenditures made by them or their authority, and the purpose for which expended and to whom paid, and publish each report once as soon as it is made in the newspaper in which the advertisements of the sheriff of Chatham county are published. Reports by mayor and aldermen. SEC. 41. Be it further enacted, That the mayor and aldermen of the town of Warsaw shall have, in addition to the foregoing powers, the following powers: (1) To try all nuisances within the town and to abate the same, to define what shall constitute a nuisance; (2) 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 town; (3) to require owners of lots to drain the same, to fill up excavations and depressions, to drain cellars and cisterns and fill up same when necessary, and upon the 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; (4) to regulate all vehicles of every kind or character used in the town 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

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thereon; (5) 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 a license of the same when it shall become proper or necessary, in their judgment; (6) to punish for vagrancy committed within the limits of said town; (7) to establish markets and regulate the same, fix the hours of sale therein, prohibit the sale of marketable commodities elsewhere within the town, and pass all ordinances that may be deemed necessary and proper to control and regulate marketing within the city; (8) to prohibit the renting or keeping of any house as a bawdy house, disorderly house or house of ill fame, and to prescribe penalties for a violation of said prohibition; (9) 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 water or light therefrom; (10) to pass all ordinances that may be deemed requisite or proper for the peace, security, welfare, health and convenience of the town or its inhabitants; (11) the said town shall have all additional powers which may be necessary for the good government of said town and the welfare of its citizens, and which can constitutionally be conferred on said town. Powers of mayor and aldermen. SEC. 42. Be it further enacted, That neither the mayor nor any aldermen shall be interested in any contract made with the town during his term of office. Contracts. SEC. 43. Be it further enacted, That the recitals in a deed under a sale for municipal taxes or licenses in said town 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. 44. Be it further enacted, That the said mayor and aldermen shall have the power and authority to adopt a code of ordinances, and to amend and repeal the same, or any part thereof. City Code. SEC. 45. Be it further enacted, That said mayor and aldermen shall not grant any exclusive franchise to any person or corporation. Franchise. SEC. 46. Be it further enacted, That the fiscal year of said town shall hereafter end on the thirty-first day of December, annually, and at the third regular meeting preceding the opening of each fiscal year, or at any subsequent meeting of the mayor and aldermen prior to the adoption of the tax ordinance for such fiscal year, a budget of the expenditures for that year shall be made up and adopted, and afterwards set forth in the preamble of the tax

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ordinance as a condition precedent to the enforcement of said ordinance. Fiscal year SEC. 47. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 17, 1902. WASHINGTON, DISPENSARY FOR, ABOLISHED. No. 21. An Act to repeal an Act entitled an Act to establish 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, approved December 16, 1901. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the Act entitled an Act to 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, approved December 16, 1901, be, and the same is, hereby repealed. Washington, dispensary law for, repealed. SEC. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 1, 1902. WASHINGTON, SALE OF REAL ESTATE. No. 84. An Act to authorize the mayor and council of Washington, Georgia, to sell and convey a lot of land in Washington, Georgia, belonging to said city, being the lot on which G. T. Anthony's ginnery now stands, the same containing one half acre, more or less. SECTION 1. Be it enacted by the Senate and House of Representatives of Georgia, That the mayor and council of Washington,

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Georgia, have authority to sell and convey the lot of land lying in said city and belonging to said city, the same being the lot on which G. T. Anthony's ginnery now stands, and containing one half acre, more or less. Washington, sale of lot. SEC. 2. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved December 13, 1902. WAYNESBORO, CHARTER AMENDED. No. 89. An Act to amend an Act, approved December 15th, 1893, entitled an Act to amend and renew the various Acts incorporating the town of Waynesboro, and which make the same a city, etc.; to provide for the registration of voters for all municipal elections; to increase and define the powers of the mayor and council of said city, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 9 of the above recited Act, approved December 15th, 1893, be, and the same is, hereby amended by adding to said section at the close thereof after the word alderman, the words and at all other elections held in and for said city; and the mayor and council of said city shall order a special registration of the qualified voters of said city for each municipal election that may hereafter be held therein for any purpose, and no person shall be permitted to vote at such election unless he shall have been duly registered as elsewhere provided in this Act; so that said section, when so amended, shall read as follows, to wit: Sec. 9. Be it further enacted, That all persons who shall have paid all taxes legally imposed and demanded by the authority of the city, who were bona fide residents of said city sixty days previous to the time of opening of the registration list hereinafter provided for, and who are qualified to vote for members of the General Assembly, shall be qualified to vote for mayor and aldermen at all other elections held in and for said city; and the mayor and council of said city shall order a special registration of the qualified voters of said city for each municipal election that may hereafter be held therein for any purpose, and no person shall be permitted to vote at such elections

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unless he shall have been duly registered as elsewhere provided in this act. Waynesboro. Registration of voters. SEC. 2. Be it further enacted, That section 10 of the above recited Act be, and the same is, hereby amended by striking from said section the words on the first Monday in January in each year, occurring between the word voter in the third line and the word which in the fourth line of said section, and by inserting in lieu thereof the words not less than ten nor more than fifteen days immediately preceding any municipal election that may be held in and for said city, of which intended registration, the time and place thereof, and the purpose of the election to be held, he shall give notice by posting the same in front of the court-house door for at least five days, and by publication one time in the newspaper wherein the official advertisements for Burke county are published, immediately preceding the opening of said registration list, so that said section, when amended, will read as follows, to wit: Section 10. Be it further enacted, That the clerk or treasurer, or such other person as may be designated by the mayor and city council, shall open a list for the registration of voters not less than ten nor more than fifteen days immediately preceding any municipal election that may be held in and for said city, of which intended registration, the time and place thereof, and the purpose of the election to be held, he shall give notice by posting the same before the court-house door for at least five days, and by publication one time in the newspaper wherein the official advertisements for Burke county are published, immediately preceding the opening of said registration list, which list shall be kept open from 9 a.m. to 12 m. and from 2 to 5 p.m. for two days, when it shall be finally and absolutely closed. Registration list. SEC. 3. Be it further enacted, That section 11 of the above recited Act be, and the same is, hereby amended by adding after the last word in the last line of said section the words each and every person applying to be registered may be required to take the following oath, which the registrar is authorized to administer: `I swear that I am twenty-one years of age (or will be at the date of the election to which this registration applies), that I have been a bona fide resident of the city of Waynesboro for sixty days immediately preceding the opening of this registration, that by the date of the election to which this registration applies I will have resided in the State of Georgia one year and in the county of Burke six months; I have paid all taxes legally required of me, and which I have had an opportunity of paying'; so that said section, when so amended, will read as follows: Sec. 11. Be it further enacted, That it shall be the duty of the registrar, when any person applies

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for registration, to satisfy himself that the applicant comes up to all the qualifications prescribed in section 9 of this Act; and if so satisfied, he shall register the name of such person and furnish him a certificate to that effect. Each and every person applying to be registered may be required to take the following oath, which the registrar is authorized to administer: I swear that I am twentyone years of age (or will be at the date of the election to which this registration applies), that I have been a bona fide resident of the city of Waynesboro for sixty days immediately preceding the opening of this registration, that by the election to which this registration applies I will have resided in the State of Georgia one year and in the county of Burke six months; I have paid all taxes legally required of me, and which I have had an opportunity; so that said section, when so amended, will read as follows: Sec. 9. Be it further enacted, That it shall be the duty of the registrar, when any person applies for registration, to satisfy himself that the applicant comes up to all the qualifications prescribed in section 9 of this Act; and if so satisfied, he shall register the name of such person and furnish him a certificate to that effect. Each and every person applying to be registered may be required to take the following oath, which the registrar is authorized to administer: I swear that I am twenty-one years of age (or will be at the date of the election to which this registration applies), that I have been a bona fide resident of the city of Waynesboro for sixty days immediately preceding the opening of this registration, that by the date of the election to which this registration applies I will have resided in the State of Georgia one year and in the county of Burke six months; I have paid all taxes legally required of me, and which I have had an opportunity of paying. Registrar, duties of. SEC. 4. Be it further enacted, That section 12 of the above recited Act be, and the same is, hereby amended, by adding after the last word in the last line of said section the following words, to wit: No person shall be permitted to vote at such election, whose name does not appear upon the posted copy of the list of voters for at least twenty-four hours prior to the day of election, the registrar being hereby authorized during the first three days of the posting of the list to correct said posted list by adding thereto in different colored ink, on the personal complaint of the voter, the name of any person who was duly and legally registered within the time required, but omitted from the posted list by inadvertence, and the certified copy of the list furnished to the managers of the election shall contain the name or names so added. Should the registrar knowingly and wilfully place upon said posted list, or upon said certified list, or permit the same to be done, the name of

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any person not registered within the time required by section 10 of this Act; or should the registrar knowingly and wilfully leave off the list furnished by him to the election managers the name of any person duly and legally registered and posted, or permit the same to be done, he shall be guilty of a felony, and on conviction thereof shall be punished by confinement in the penitentiary for not less than one nor more than five years. Before entering upon the duties of his office the registrar shall take and subscribe the following oath in writing, before the mayor or any member of council who are hereby authorized to administer the same: I do swear that I will faithfully and impartially register the voters of said city who apply for registration and are legally entitled to register, and that I will not knowingly permit any person to register who is not legally entitled to do so, which oath shall be entered upon the minutes of the city council, so that said section, when amended, shall read as follows: Sec. 12. Be it further enacted, That the registrar shall arrange a list of names, registered in alphabetical order, and post a copy of the same before the court-house door at least four days before the election, and shall also upon the opening of the polls furnish the managers of the election with a certified list. No person shall be permitted to vote at such election whose name does not appear upon the posted copy of the list of voters for at least twenty-four hours prior to the day of the election, the registrar being hereby authorized during the first three days of the posting of the list to correct said posted list by adding thereto in different colored ink, on the personal complaint of the voter, the name of any person who was duly and legally registered within the time required, but omitted from the posted list by inadvertence, and the certified copy of the list furnished to the managers of the election shall contain the name or names so added. Should the registrar knowingly or wilfully place upon said posted list or upon said certified list, or permit the same to be done, the name of any person not registered within the time required by section 10 of this Act, or should the registrar knowingly and wilfully leave off the list furnished by him to the election managers the name of any person duly and legally registered and posted, or permit the same to be done, he shall be guilty of a felony, and on conviction shall be punished by confinement in the penitentiary for not less than one nor more than five years. Before entering upon the duties of his office the registrar shall take and subscribe the following oath in writing, before the mayor or any member of council, who are hereby authorized to administer the same: I do swear, that I will faithfully and impartially register the voters of said city who apply for registration

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and are legally entitled to register, and that I will not knowingly permit any person to register who is not entitled to do so, which oath shall be entered upon the minutes of the city council. List of voters, additions to. List of voters posted, additions to. Registrar, oath of. SEC. 5. Be it further enacted, That section 17 of the above recited Act be, and the same is, hereby amended by striking from the fourth line of said section the words four and one-half occurring between the word exceed and the word mills, and by inserting in lieu thereof the word six; so that said section, when so amended, will read as follows: Sec. 17 Be it further enacted, That said mayor and council shall have full power and authority by ordinance to assess, levy and collect an ad valorem tax on all property, real or personal, within the incorporate limits of said city, said tax not to exceed six mills on the dollar for current annual expenses; that they shall have power and authority to tax, license, regulate and control all taverns, hotels, cafs, restaurants, boarding-houses, when boarders are taken for less time than one month, livery stables, drays, carts, buggies, carriages and other vehicles run for hire, 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 goods, wares, merchandise, liniments, or nostrums of every nature whatsoever; every kind of billiard, pool or bagatelle table kept for public use; every keeper of a shooting-gallery, tenpin alley; upon the keeper of any other table, stand or place for the performance of any game or play, whether played with sticks, balls, rings or other contrivances; upon the keeper of flying-horses, bicycles, velocipedes, or skating-rinks, insurance agents, life and fire insurance companies, express agents, express companies, dealers in futures, loan agents, merchants and agents for any other business or calling whatsoever; keepers of slaughter-houses, beef markets and green grocers; upon every junk-shop, pawnbroker, and upon all other establishments, businesses, callings or avocations not heretofore mentioned, and which under the laws of Georgia are subject to a license or tax. Ad valorem tax. Specific taxes. SEC. 6. Be it further enacted, the corporate authorities of the city of Waynesboro having so recommended, That section 20 of the above recited Act be, and the same is, hereby amended, by adding at the close of said section, after the word buildings the following words, to wit: The mayor and council shall have power and authority to establish and maintain by local taxation a system of public schools in and for said city; to establish and operate an electric light plant, or plants, in and for said city; to

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establish and operate a water-works plant, and a system of sewerage in connection therewith, in and for said city; that is to say, either or all of these projects as they may deem expedient, and to the interest of said city, and to that end, in order to obtain the necessary funds, they are empowered to assess, levy and collect an annual ad valorem tax within the limits prescribed by the Constitution and laws of said State, and to assess, collect and appropriate to this use revenue from other sources authorized by the charter of said city and the Acts amendatory thereof, and to issue bonds of said city under the terms and conditions and in the manner provided by law; provided, however, that none of the powers delegated by this amendment to section 20 shall become operative or effective until ratified and authorized by a two-thirds vote of the qualified voters of said city, voting at an election or elections held for that purpose, which election or elections the said mayor and council are empowered to order to be held as other elections in said city, and as the law in such cases provides, whenever they shall deem it expedient; so that said section, when so amended, will read as follows: Section 20. Be it further enacted, That said mayor and council shall have power to fix and establish fire limits, and from time to time enlarge, restrict or change the same; to provide a fire department and a system of fire alarms, and within the 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 council; and in case of offense against ordinances passed in pursuance of this Act, the mayor and council, after five days' notice, shall cause the same non-fire-proof building to be removed at the expense of the owners or builders thereof, to be collected by execution as other executions issued by the city. The mayor and council have the right to say what are or are not fire-proof buildings. The mayor and council shall have power and authority to establish and maintain by local taxation a system of public schools in and for said city; to establish and operate an electric light plant or plants in and for said city; to establish and operate a water-works plant, and a system of sewerage in connection therewith, in and for said city. That is to say, either or all of these projects, as they may deem expedient and to the interest of said city; and to that end, in order to obtain the necessary funds, they are empowered to assess, levy and collect an annual ad valorem tax within the limits prescribed by the Constitution and laws of said State; to assess, collect and appropriate to this use revenue from other sources authorized by the charter of said city and the Acts amendatory thereof, and to issue bonds of said city under the terms and conditions and in the manner

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provided by law; provided, however, that none of the powers delegated by this amendment to section 20 shall become operative or effective until ratified and authorized by a two-thirds vote of the qualified voters of said city, voting at an election or elections held for that purpose, which election or elections the said mayor and council are empowered to order to be held as other elections in said city, and as the law in such cases provides, whenever they shall deem it expedient. School tax 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. Approved December 13, 1902.

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TITLE II. BANKING AND PRIVATE CORPORATIONS. Buena Vista Loan and Savings Bank, charter amended. Fairburn Banking Company, charter amended. Southern Mutual Insurance Company, charter amended. Fretwell, Joseph J., and Associates authorized to build dams across Savannah river. BUENA VISTA LOAN AND SAVINGS BANK, CHARTER AMENDED. No. 105. An Act to amend the charter of the Buena Vista Loan and Savings Bank, 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 4 of the charter of the Buena Vista Loan and Savings Bank be amended as follows: By striking out the words, and annually thereafter the stockholders shall elect of their members eleven directors, seven of whom shall constitute a quorum to transact business, and inserting the words and annually thereafter the stockholders shall elect of their members seven directors, four of whom shall constitute a quorum to transact business, so that said section, when amended, shall read as follows: That as soon as (400) four hundred shares shall be subscribed and the sum of two thousand dollars paid in on said stock, said corporation shall have the right to organize and transact business. The first meeting of said Buena Vista Loan and Savings Bank shall be held after said two thousand dollars shall be ready to be paid in, and after ten days' notice by publication in the newspaper published in said town, given by any three of the incorporators, who shall also be stockholders at said meeting; and annually thereafter the stockholders shall elect of their members seven directors, four of whom shall constitute a

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quorum to transact business. The board of directors shall select one of their number president, shall also elect a cashier and an attorney for said bank, which officers must be stockholders in said bank, and shall perform such duties and receive such compensation as the board of directors may prescribe and fix. The board of directors shall make semiannual reports to the stockholders, and the cashier quarterly reports to the board of directors; provided, also, that the affairs of said bank shall always be subject to the inspection of as many as one-fifth of the stockholders upon the request of so many in writing to the board of directors. Buena Vista Loan and Savings Bank, charter amended. SEC. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 13, 1902. FAIRBURN BANKING COMPANY, CHARTER AMENDED. No. 87. An Act to amend an Act entitled an Act to incorporate the Fairburn Banking Company, and for other purposes connected therewith, approved September 14, 1891, so as to provide that a person may be eligible to be a director of said company, who owns five or more shares of its stock, instead of ten or more shares as now required by the above Act. 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 4 of the above recited Act be, and the same is, hereby amended by striking out the word ten in said section and inserting in lieu thereof the word five, so that the part of said section proposed to be amended, instead of reading as it now does: No person shall be eligible as a director who does not own in his own name at least ten shares of the stock, unpledged and unincumbered; and whenever it shall become known to the board that any director has ceased to be owner of ten shares of stock unpledged and unincumbered as aforesaid, the board shall as soon as possible thereafter declare such person to be no longer a director, and shall fill such vacancy in the board, shall read as follows: No person shall be eligible as a

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director who does not own in his own name at least five shares of the stock, unpledged and unincumbered; and whenever it shall become known to the board that any director has ceased to be the owner of five shares of stock unpledged and unincumbered as aforesaid, the board shall, as soon as possible thereafter, declare such person to be no longer a director, and shall fill such vacancy in the board. Fairburn Banking Company charter amended. SEC. 2. That all laws and parts of laws in conflict with the foregoing be, and the same are, hereby repealed. Approved December 13, 1902. SOUTHERN MUTUAL INSURANCE COMPANY, CHARTER AMENDED. No. 180. An Act to alter and amend an Act to incorporate the Southern Mutual Insurance Company, approved December 29, 1847, and the several Acts amendatory thereof, approved, respectively, December 21, 1849, February 18, 1854, March 5, 1856, November 23, 1866, and for other purposes. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by authority of the same, That the second section of the above recited Act approved December 19, 1847, shall be altered and amended so as to read as follows: And be it further enacted, that at all meetings of said corporation every matter shall be decided by a majority of votes, each member holding a policy for one year or longer being allowed one vote, and if his policy exceed one thousand dollars, an additional vote for every thousand, with the right of voting by proxy. This section shall be known as section number 2 of the charter of said company. Southern Mutual Insurance Company, charter amended. SEC. 2. And be it further enacted by the authority aforesaid, That the third section of said Act of December 29, 1847, be altered andamended so as to read as follows: And be further enacted, that said company shall have authority to insure against any loss by fire on all classes of property, either real, personal or mixed; also, against all the hazards of the ocean or inland transportation of every kind, and to any amount not exceeding ten thousand dollars on any one risk, and may do any and all things necessary for the purposes of carrying on a fire insurance company not in conflict with the laws

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of this State or the United States. This section shall be known as section 3 of the charter of said company. SEC. 3. And be it further enacted by the authority aforesaid, That section 6 of the above recited Act be altered and amended so as to read as follows: That said corporation shall be entitled to hold real and personal estate, whether for use or investment, necessary for the purposes of the same. The amount of said holdings shall be wholly within the discretion of its board of directors, and any distribution by said corporation, whether of its annual profits or of any other funds, shall be amongst those persons who are the holders of policies at the time of such distribution in proportion to the amount of premiums paid by each during the fiscal year in which said distribution is made. Said corporation shall also have power to have and use a common seal, and to make such rules and by-laws as may be thought necessary, not inconsistent with the laws of this State. This section shall be known as section number 4 of the charter of said company. SEC. 4. And be it further enacted by the authority aforesaid, That all of said Act of December 29, 1847, and the Acts amendatory thereof, except section 1 of said Act of December 29, 1847, as amended by the Act of November 23, 1866, and except so far as the provisions of said Acts are herein contained, be, and the same are, hereby repealed; so that the charter of the said Southern Mutual Insurance Company, caption and all, shall read as follows: An Act to alter and amend an Act to incorporate the Southern Mutual Insurance Company, approved December 29, 1847, and the several Acts amendatory thereof, approved, respectively, December 21, 1849, February 18, 1854, March 5, 1856, November 23, 1866, and for other purposes. Charter. 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 J. G. Hill, William Freeman, A. A. Robinson, H. K. McKay, J. W. Parsons and M. M. Morton, and their associates and successors, shall be a corporation under the name of the Southern Mutual Insurance Company, and shall keep their principal office in the city of Athens in this State, unless otherwise determined by a majority of all the votes of the company, and shall elect their own officers and shall enjoy all the privileges and powers incident to such corporations. Corporators. SEC. 2. And be it further enacted, That at all meetings of said corporation every matter shall be decided by a majority of votes, each member holding a policy for one year or longer being allowed

Page 720

one vote, and if his policy exceed one thousand dollars, an additional vote for every thousand, with the right of voting by proxy. Votes of policy-holders. SEC. 3. And be it further enacted, That said corporation shall have authority to insure against any loss by fire on all classes of property, either real, personal or mixed; also, against all the hazards of the ocean or inland transportation of every kind and to any amount not exceeding ten thousand dollars on any one risk, and may do any and all things necessary for the purpose of carrying on a fire insurance company, not in conflict with the laws of this State or the United States. Risks. SEC. 4. And be it further enacted, That said corporation shall be entitled to hold real and personal estate, whether for use or investment, necessary for the purposes of the same. The amount of said holdings shall be wholly within the discretion of its board of directors, and any division by said corporation, whether of its annual profits or of any other funds, shall be amongst those persons who are holders of policies at the time of such distribution, in proportion to the amount of premiums paid by each during the fiscal year in which said division is made. Said corporation shall also have power to have and use a common seal and to make such rules and by-laws as may be thought necessary, not inconsistent with the laws of this State. Property rights. SEC. 5. And be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved December 17, 1902. FRETWELL AND ASSOCIATES AUTHORIZED TO BUILD DAMS ACROSS SAVANNAH RIVER. No. 162. An Act to authorize and empower Joseph J. Fretwell, his associates, successors or assigns to construct and maintain a dam or dams for manufacturing, trade or commercial purposes across the Savannah river at or near Andersonville, South Carolina; at any convenient place on said river along the McDonald shoals; and at any convenient place on said river along the Turner and Middleton shoals, or at either or all of said places, and for other purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act Joseph J. Fretwell of

Page 721

Anderson, South Carolina, and his associates, successors or assigns are hereby authorized and empowered to construct and maintain a dam or dams for manufacturing, trade or commercial purposes across the Savannah river at or near the confluence of the Taylor and Seneca rivers below Andersonville, South Carolina, at any convenient place on said Savannah river along the McDonald shoals, and at any convenient place on said Savannah river along the Turner and Middleton shoals, at either or all of said places along the said Savannah river; provided, that in the erection and construction of said dam or dams, said parties building the same shall construct and keep in good order proper fishways or fish-ladders so constructed and arranged that all species of fish in said stream can ascend or descend with facility said stream; and provided further, that said parties constructing and maintaining said dam or dams shall not be in any wise exempt hereunder from the payment of all damages caused by or resulting from the building and maintenance of said dam or dams. Fretwell authorized to build dams across Savannah river. SEC. 2. Be it further enacted, That all conflicting laws are hereby repealed. Approved December 17, 1902.

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Part IV.Resolutions.

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Authorizing the Governor to borrow $200,000. Appropriation to pay for repairs of Capitol. Appropriation to supply deficiency in printing fund. Appropriation to pay salary of J. F. DeLacy, Solicitor-General. Appropriation to pay Wm. F. Blue for services as stenographer. Appropriation to pay per diem and mileage of Hon. P. J. Sullivan. Appropriation to pay pension of M. L. Hattaway. Appropriation to pay pension of J. D. Jarrard. Appropriation to pay pension of John P. Renew. Appropriation to pay pension of I. H. Stewart. Appropriation to pay pages of the House. Requesting payment of Indian war claims due the State. Authorizing W. A. R. R. Co. to close culvert in Marietta. Requesting survey for drainage and irrigation. Appointing committee to visit College of Agriculture. Directing work on grounds of Georgia Normal and Industrial College. Appointing committee to visit University of Georgia. Authorizing monument to Lieut. Brumby on Capitol grounds. To appoint joint finance committee, Code, section 304. Authorizing increase of salary of Mayor of Madison. Directing statement to be made of unfinished business. Allowing per diem for five days to officers for completion of business. AUTHORIZING GOVERNOR TO BORROW $200,000. No. 15. A Resolution authorizing the Governor to borrow money to supply casual deficiencies. Resolved by the House of Representatives, the Senate concurring, That if it should become necessary at any time previous to the next meeting of the General Assembly to supply casual deficiencies, the Governor shall be, and he is, hereby authorized to borrow, on the best terms he can, a sum of money sufficient, not to exceed two hundred thousand dollars, to supply said deficiencies within the terms of the Constitution; and the money so borrowed shall be used for the purpose specified and for no other. Governor may borrow $200,000. Approved December 17, 1902.

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APPROPRIATION TO PAY FOR REPAIRS OF CAPITOL. No. 18. Whereas, The Legislature at the beginning of this session appointed a committee to investigate the physical condition of the capitol building; and State capitol. Whereas, The committee reports the same to be in bad condition, and that an appropriation is necessary to preserve said building from further deterioration, and a careful estimate having been made by a competent architect, and having reported that the sum of $30,255 is necessary to put said building in good condition; and Repairs of. Whereas, In the opinion of the committee the sum of $15,000 is absolutely necessary to prevent further deterioration of the capitol building; therefore, be it Resolved by both branches of the General Assembly, That the sum of $15,000 be, and the same is, hereby appropriated out of any funds in the treasury not otherwise appropriated for the purpose of putting said building in such necessary repair, said repairs to be made as early as practicable under the supervision and direction of the keeper of public buildings of this State. Approved December 18, 1902. APPROPRIATION TO SUPPLY DEFICIENCY IN PRINTING FUND. No. 21. A Resolution to make appropriation to meet the deficiency in the printing fund of 1902, and to make the same immediately available Be it resolved by the General Assembly of the State of Georgia, That the sum of seven thousand five hundred ($7,500) 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 balance of the present year; and the bills for the same may be paid whenever they are duly audited and approved by the public printing commission, and by the comptroller-general

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And the Governor is hereby authorized to draw his warrants upon the treasury to pay the same when so presented and approved. Printing fund deficiency. Approved December 17, 1902. APPROPRIATION TO PAY SALARY OF J. F. DELACY, SOLICITOR-GENERAL. No. 20. A Resolution to pay John F. DeLacy, solicitor-general, sixty-two dollars and fifty cents, same being his salary for the fourth quarter, 1901. Whereas, Governor A. D. Candler signed an executive warrant on the treasurer of the State in favor of and to pay John F. DeLacy, solicitor-general of the Oconee Circuit, the sum of sixty-two dollars and fifty cents for his salary for the fourth quarter of the year 1901, and that said John F. DeLacy neglected and failed to take up the said warrant and receive pay for the same; Salary of J. F. DeLacy as solicitor-general. Resolved by the House, the Senate concurring, That the said John F. DeLacy, soliciter-general of the Oconee Circuit, be paid his salary of sixty-two dollars and fifty cents for the quarter ending December 31, 1901, and that the treasurer be, and he is, hereby authorized to pay the same. Approved December 17, 1902. APPROPRIATION TO PAY WM. F. BLUE FOR SERVICES AS STENOGRAPHER. No. 4. Be it resolved by the House, the Senate concurring, That the sum of one hundred and fifty dollars be, and the same is, hereby appropriated for the purpose of paying the compensation of William F. Blue for his services as stenographer for the committee appointed by the House to consider that portion of the Governor's message in reference to the depot of the Western and Atlantic Railroad in Atlanta. W. F. Blue, stenographer. Approved December 16, 1902.

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APPROPRIATION TO PAY PER DIEM AND MILEAGE OF HON. P. J. SULLIVAN. No. 9. A Joint Resolution authorizing the Treasurer to pay to the administration of the estate of the late Patrick J. Sullivan, Senator from the 18th District, the amount that would have been due him on account of per diem and mileage at the close of the present session of the General Assembly. Resolved by the House of Representatives, the Senate concurring, That the Treasurer be, and he is, hereby authorized to pay to the administrator of the estate of the late Patrick J. Sullivan, Senator from the 18th District, the full amount of per diem and mileage to which he would have been entitled at the close of the present session of the General Assembly less any amount drawn by him. Hon. P. J. Sullivan, per diem and salary. Approved December 17, 1902. APPROPRIATION TO PAY PENSION OF M. L. HATTAWAY, No. 12. Whereas, Martha L. Hattaway, who is the widow of Marlen D. Hattaway, who was a Confederate soldier; and Whereas, The said Martha L. Hattaway prior to the year 1900 applied for a pension as the widow of said Marlen D. Hattaway, which said application conformed to all the requirements of law; and Pension of M. L. Hattaway. Whereas, The said Martha L. Hattaway was regularly placed on the pension roll and received her pension annually up to the year 1901; and Whereas, The said Martha L. Hattaway failed to receive her pension for said year 1901, although legally and justly entitled thereto; and Whereas, The failure of the said Mrs. Martha L. Hattaway to receive her said pension for the year 1901 was due to the fact that the ordinary of Jasper county, Georgia, of which county the said Mrs. Hattaway has always been a bona fide resident, failed and neglected, by oversight and mistake, to place her name on the list of pensions prepared by him for said county; and Whereas, Said ordinary afterwards discovered his error in leaving

Page 729

the name of Mrs. Hattaway from said list and endeavored to procure said pension but failed because the pension-fund had become exhausted; it is therefore Resolved by the House of Representatives, the Senate concurring, That the sum of sixty dollars be, and the same is, hereby appropriated for the purpose of paying the pension due the said Mrs. Martha L. Hattaway for the year 1901. Approved December 17, 1902. APPROPRIATION TO PAY PENSION OF J. D. JARRARD. No. 11. A Resolution to pay pension of J. D. Jarrard of White county, Georgia, to Mary S. Jarrard, his widow. Whereas, J. D. Jarrard, late of White county, Georgia, died on the 13th day of January, 1901; and Pension of J. D. Jarrard. Whereas, Said deceased left a widow, Mary S. Jarrard; and Whereas, The said deceased, J. D. Jarrard, had been drawing a pension of fifty dollars per year under existing laws for disease contracted in the Confederate service; and Whereas, Said pension of fifty dollars was paid up to October 26, 1900; and Whereas, It appearing that there is still due and unpaid a pension of fifty dollars due said deceased; be it therefore Resolved by the House of Representatives, the Senate concurring, That the said sum of fifty dollars be paid to Mary S. Jarrard, widow of said J. D. Jarrard deceased, and the Governor is authorized to draw his warrant on the treasury for the payment of said sum out of any funds in the treasury not otherwise appropriated. Approved December 17, 1902.

Page 730

APPROPRIATION TO PAY PENSION OF JOHN P. RENEW. No. 10. Whereas, John P. Renew, an indigent pensioner, had been regularly enrolled and paid a pension; and Pension of John P. Renew. Whereas, The said John P. Renew died on January 3, 1896, after his pension had become due; and Whereas, The Hon. W. A. Wright, as attorney in fact for said John P. Renew, drew said pension and transmitted his check for the amount of same, sixty dollars ($60.00), to said pensioner, but before the same was received by the said Renew he had departed this life, and by reason thereof said check was by the ordinary of the county of Richmond returned to the said W. A. Wright and by him was canceled and the amount of the pension due said Renew was repaid to the treasurer and the same now remains in the treasury of the State; be it therefore Resolved by the House, the Senate concurring, That the treasurer of this State be, and he is, hereby authorized and directed to pay the said pension of sixty dollars ($60.00) to Mrs. Abbie Renew, the widow of said John P. Renew, and the Governor is hereby directed to draw his warrant on the treasurer for the same. Approved December 17, 1902. APPROPRIATION TO PAY PENSION OF I. H. STEWART. No. 22. A Resolution appropriating fifty dollars to Mrs. E. W. Stewart, widow of Mr. I. H. Stewart, late of DeKalb county, deceased, amount of a pension to which Mr. Stewart was entitled for the year 1894, and which he did not receive because the pension appropriation for that year had been paid out when his claim was established. Whereas, Mr. I. H. Stewart, a disabled ex-Confederate soldier, made proof according to law of his right to a pension of fifty dollars for 1894, and the same was not paid to him by reason of the fact that the appropriation for that year had been paid out before his claim was approved; and Pension of I. H. Stewart.

Page 731

Whereas, On the 14th day of October, 1894, Mr. Stewart died of said disability without having received the pension to which he was entitled under the law, leaving Mrs. E. W. Stewart as his widow, and who is now his widow, and a resident of DeKalb county, in this State; therefore, be it Resolved by the General Assembly of the State of Georgia, That the sum of fifty ($50) dollars be, and the same is, hereby appropriated to Mrs. E. W. Stewart in payment of said pension due her husband at the time of his death, and the Governor is authorized to draw his warrant on the treasury therefor, to be paid out of any money in the treasury not otherwise appropriated. Approved December 18, 1902. APPROPRIATION TO PAY PAGES OF THE HOUSE. No. 13. Whereas, The House of Representatives has made provision for only eight pages, and service has been rendered by nine, thus leaving the pay of the doorkeeper's page unpaid; therefore, be it Resolved, That the treasurer be, and he is, hereby authorized to pay out of the treasury ($100) one hundred dollars for the following accounts due the following pages: Charlie Moses, $30.00; Parks Williford, $60.00, and Howard Carrington, $10.00; total, $100.00. Pages, pay of Approved December 17, 1902. REQUESTING PAYMENT OF INDIAN WAR CLAIMS DUE THE STATE. No. 7. A Joint Resolution. Whereas, The General Assembly of the State of Georgia did at its annual session on the 26th day of December, 1837, pass an Act authorizing the Governor of said State, in case of military necessity for the protection of the citizens of the Cherokee county, and to cooperate with the United States troops in removing the Cherokee and Creek Indians from the limits of the States and in the enforcement

Page 732

of the treaty between the United States and the said Indians; and Whereas, His Excellency George R. Gilmer, Governor of the State of Georgia, in obedience to the authority vested in him by the Constitution and laws of said State, did order two companies to act in cooperation with the forces of the United States, to wit: first company commanded by Captain Samuel Patterson of Union county, Georgiaconsisting of 77 men, rank and filewhich said company was on duty in the field from the 22d day of May to 14th July, 1838. When discharged was afterwards paid by John B. Trippe, Treasurer of said State, on September 24, 1857, to James A. Green, agent for said company, the sum of two thousand eight hundred and sixty-eight dollars. The second company ordered into service was commanded by Captain John E. Price and was in actual service fifty-three daysthe company consisting of 63 men, rank and fileservice commencing on the 25th day of May and ending on the 12th day of July, 1838, both days inclusive. When discharged was also paid by John B. Trippe, Treasurer of said State, to James A. Green, agent for said company, the sum of three thousand and fifty-six dollars and fifty-four cents, on the 24th of September, 1857. Indian war claims The services rendered by said two companies was acting in cooperation with the military forces of the United States in arresting and gathering up the Cherokee Indians and removing them west of the Mississippi under treaty of 1836, which was concluded by the United States authorities and chiefs of the Cherokee Indians, at New Echota, Georgia; therefore be it Resolved by the Senate of the State of Georgia, the House of Representatives concurring, That the Governor be instructed to request our Senators and members of the House of Representatives in the Congress of the United States to use their influence to procure the reimbursement to the State of Georgia of the two said amounts, aggregating the sum of $5,924.54. Approved December 16, 1902.

Page 733

AUTHORIZING WESTERN AND ATLANTIC RAILROAD COMPANY TO CLOSE CULVERT IN MARIETTA. No. 6. A Resolution for the relief of the Western and Atlantic Railroad Company. Whereas, There is a culvert under the road-bed of the Western and Atlantic Railroad in the city of Marietta, Cobb county, Georgia, in what was formerly Hansell or McClellan street, said culvert being about ten (10) feet wide and seven (7) or eight (8) feet high; and W. . A. R. R., culvert at Marietta. Whereas, Said culvert was constructed as a part of the road-bed of said railroad and was never suitable for street purposes on account of the fact that the bottom was covered with rough stones, it was dark and the noise overhead from the running of trains made it almost impossible to be used as a driveway at all, and for the past eight or ten years it has been entirely abandoned by the public as a pass or driveway, and the street immediately west of said railroad has been during that time, and is now, closed up; and Whereas, The mayor and council of the city of Marietta have authorized the filling and closing of said culvert as a driveway or passway by the said Western and Atlantic Railroad Company, by resolution, after the same was duly advertised, and without objection being made to the granting of the same by any one; and Whereas, It is important to the said Western and Atlantic Railroad Company in the maintenance of its road-bed to fill and close said culvert as a driveway or passway, they proposing to make suitable provisions for the carrying away of all water that might accumulate at said place; therefore be it Resolved by the House, the Senate concurring, That the said Western and Atlantic Railroad Company be, and it is, hereby authorized and empowered to fill and close up said culvert as a drive and passway, it making suitable provisions for the carrying off of all water that may accumulate at said place. Approved December 16, 1902.

Page 734

REQUESTING SURVEY FOR DRAINAGE AND IRRIGATION. No. 3. Whereas, Water supply and drainage largely determines the fertility of our soil, and whereas the proper irrigation and drainage of the State of Georgia would add very materially to the agricultural interests of the State and the people in general, if proper irrigation and drainage can be so used and handled as to prevent the washing and erosion of the land, causing the valleys to fill with sand and filling up the streams with silt; therefore, be it Resolved by the House, the Senate concurring, 1st. That our senators and representatives in Congress be, and are, hereby respectfully requested and urged to use their influence with the United States Irrigation and Drainage Department and Department of Agriculture to have a competent engineer to make a preliminary investigation in this State to determine whether or not irrigation and drainage can be applied so as to prevent injury and damage to our lands and to assist the people of the State of Georgia in their agricultural pursuits, and to ascertain the expense thereof. Drainage and irrigation. Resolved 2d. That our senators and representatives in Congress be requested to secure this action at the expense of the national government and without expense to the State of Georgia. Resolved 3d. That the Agricultural Department of the State of Georgia is hereby requested to cooperate with and furnish all information to said United States department or engineers without incurring any expense to the State. Resolved 4th. That a copy of these resolutions be furnished to each of our senators and members of Congress. Approved December 13, 1902. APPOINTING COMMITTEE TO VISIT COLLEGE OF AGRICULTURE. No. 5. Resolved by the Senate, the House of Representatives concurring, That a committee of five from the committee on agriculture of the Senate, and ten from the committee on agriculture of the

Page 735

House of Representatives, be appointed by the President of the Senate and the Speaker of the House to visit the College of Agriculture and Mechanic Arts at Athens on the occasion of its commencement exercises in June, 1903. College of agriculture and mechanic arts. Resolved, That the visit of said committee shall be made without any expense whatever to the State. Approved December 16, 1902. DIRECTING WORK ON GROUNDS OF GEORGIA NORMAL AND INDUSTRIAL COLLEGE. No. 14. Whereas, That certain resolution of the General Assembly of the State of Georgia, providing for the improvement of the grounds surrounding the college building and Atkinson hall of the Georgia Normal and Industrial College, at Milledgeville, Georgia, passed and approved December 18, 1900, contained a provision that said work should be performed within twelve months from the date of approval of said resolution; and Georgia Normal and Industrial College, work on grounds of Whereas, Under and in pursuance of the authority delegated by virtue of said resolution, the superintendent of the State farm, located near Milledgeville, did take certain of his convicts, mules, wagons, scrapes and other implements and did considerable work upon the aforesaid grounds within the time specified, but for some cause the said superintendent of the said State farm did not complete the work in hand, leaving the same only about half completed; and Whereas, Said resolution limiting the time in which said work was to be done to twelve months from the date of its passage and approval, which time expired on December 18, 1901; and Whereas, Said work, as indicated in the resolution aforesaid, is greatly to be desired and will greatly enhance the value, the convenience and the beauty of the grounds surrounding this college, the State's property; now, therefore, be it Resolved by the House of Representatives, the Senate concurring: 1st. That the requirements of the superintendent of the State farm, located near Milledgeville, Georgia, relative to the working of the convicts upon the improvement of the grounds surrounding the college building and Atkinson hall of the Georgia Normal and Industrial College at Milledgeville, Georgia, as provided

Page 736

for and set forth in the resolution approved December 18, 1900, shall be carried out and performed within the time hereinafter specified. 2d. That the time in which said work shall be done, as specified in the aforesaid resolution, shall be extended over and to January 1, 1904, and that the said work as undertaken be done and performed in accordance with the provisions of said resolution within said time. 3d. That the said superintendent shall furnish sufficient number of convicts, wagons, mules, scrapes and other implements to do said grading in accordance with the plans and direction of the president of the Georgia Normal and Industrial College or such other person as said president may designate, and that the said superintendent shall report to the prison commission the completion or the progress or condition of said work in hand on or by October 1, 1903. 4th. That it said work is not completed by October 1, 1903, nor by January 1, 1904, the said superintendent shall file his written report with the prison commission, setting forth in detai his reason for not completing said work by said time. Approved December 17, 1902. APPOINTING COMMITTEE TO VISIT UNIVERSITY OF GEORGIA. No. 2. Resolved by the House of Representatives, the Senate concurring, That a committee of ten from the Senate and fifteen from the House of Representatives be appointed by the President of the Senate and the Speaker of the House to visit the University of Georgia on the occasion of the annual commencement in June, 1903. University of Georgia. Resolved, That this visit shall be made without any expense whatever to the State. Approved December 5, 1902.

Page 737

AUTHORIZING MONUMENT TO LIEUTENANT BRUMBY ON CAPITOL GROUNDS. No. 19. A Resolution to authorize the Brumby Memorial Association to erect a monument upon the capitol grounds to commemorate the services of Lieutenant Thomas M. Brumby, late of the United States Navy. Whereas, The Brumby Memorial Association of Georgia is preparing to erect a handsome monument to commemorate the services of Lieutenant Thomas M. Brumby (late of the United States Navy), while acting as Flag Lieutenant to Admiral Dewey at Manila in May, 1898, and desire to erect the same upon the capitol grounds in the city of Atlanta; be it Lieutenant Thos. M. Brumby, monument. Resolved by the General Assembly of Georgia, That permission is hereby granted to said Brumby Memorial Association to cause to be erected, at some suitable point in the northwest corner of the capitol grounds, the monument selected as an appropriate memorial to Lieutenant Brumby; and the Governor is authorized to select the sight whereon it may be erected. Approved December 17, 1902. TO APPOINT JOINT FINANCE COMMITTEE, CODE SEC. 304. No. 1. Resolved by the House, the Senate concurring, That there shall be appointed by the Speaker of the House and President of the Senate, in accordance with section 304 of the Code, a Joint Finance Committee, which committee shall discharge the duties prescribed by said section. Joint finance committee of legislature. Approved November 19, 1902.

Page 738

AUTHORIZING INCREASE OF SALARY OF MAYOR OF MADISON. No. 17. A Resolution giving the city council of the city of Madison, Ga., authority to increase, for the year ending April, 1903, the salary of the mayor of said city to not exceeding the sum of $325.00. Resolved by the General Assembly of Georgia, That the city council of the city of Madison, Ga., be, and is, hereby given authority to increase the salary of the mayor of said city for the year ending April, 1903, beyond the maximum limit of two hundred and fitty dollars fixed by the charter of said city; provided, said salary, when increased, shall not exceed the sum of three hundred and twenty-five dollars. Mayor of Madison, salary of. Resolved further, That this authority shall not operate to repeal the limit fixed in the charter of said city beyond the term herein-before set out, and shall be applicable only to the year ending in April, 1903, and said limit of $250.00, heretofore fixed by law, shall continue for subsequent years until specifically repealed. Approved December 17, 1902. DIRECTING STATEMENT TO BE MADE OF UNFINISHED BUSINESS. No. 8. Resolved by the House of Representatives, the Senate concurring, That John T. Boifeuillet, Clerk of the House, and C. S. Northen, Secretary of the Senate, be instructed to prepare, publish and mail to each member of the General Assembly a statement showing the unfinished business of this session at the time of adjournment and the status of each pending bill and resolution. Unfinished business of legislature. Approved December 17, 1902.

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ALLOWING PER DIEM FOR FIVE DAYS TO OFFICERS FOR COMPLETION OF BUSINESS. No. 16. 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 adjournment of the General Assembly for the purpose of affixing their official signatures to all bills and resolutions passed previous to said adjournment, and that they be allowed their per diem for said time. For completing business of legislature Resolved further, That the chairmen, respectively, of the Enrollment and Auditing Committees of the House and Senate, together with four members of the House and Senate Enrolling Committees and two members of the House and Senate Auditing Committees, to be designated by the chairmen thereof, be, and they are, hereby authorized to remain at the capitol for five days after the adjournment of the General Assembly for the purpose of bringing up the unfinished business of the session, and that they be allowed their per diem for said time. Resolved further, That the Postmistress of the House be, and she is, hereby authorized to remain at the capitol for five days after the adjournment of the General Assembly for the purpose of distributing and forwarding the members' mail, and that she be allowed her per diem for said time. Resolved further, That two (2) 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 17, 1902.

Page 741

INDEX. A AGENCY For property of W. A. R. R. abolished 97 For property of W. A. R. R. abolished 98 ALBANY Corporate limits extended 323 AMERICUS Police commissioners for 326 APPROPRIATIONS General appropriation Act 7 To pay for repairs of capitol 726 To supply deficiency in printing fund 726 To pay salary of J. F. DeLacy, solicitor-general 727 To pay W. F. Blue for services as stenographer 727 To pay per diem and mileage of Hon. P. J. Sullivan 728 To pay pension of M. L. Hattaway 728 To pay pension of J. D. Jarrard 729 To pay pension of John P. Renew 730 To pay pension of I. H. Stewart 730 To pay pages of the House 731 ASHBURN Public school system amended 240

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ATHENS Act establishing dispensary amended 329 Federal building for 111 ATLANTA Bonds for sewers and water-works 332 City court, defaults in, how opened 117 ATTORNEY-GENERAL Duty as to W. A. R. R. 97 ATWATER Town of, incorporated 336 AUGUSTA Charter amended 340 Act creating police commissioners amended 342 AUSTELL Public school system amended 241 B BAILIFFS In cities, compensation of 99 Fees of, in criminal cases 100 BASTARD CHILD Maintenance of 57

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BARNESVILLE Bank in, State depository 42 BARTOW COUNTY City court, demand for indictment 118 Protection of fish in waters of 202 BAXLEY Bank in, State depository 42 BERRIEN COUNTY County court, Act creating amended 196 Commissioners, election of, etc 203 BETHLEHEM Town of, incorporated 344 BIBB COUNTY Maintenance of Macon hospital 205 BLAKELY Corporate limits extended 347 BOSTON Town of, charter amended 349 BOSTWICK Town of, incorporated 350

Page 744

BOWDEN Town of, corporate limits extended 355 Public school system established 242 BRONWOOD Appropriation for schools 247 BRUMBY, LIEUT. Monument for 737 BRUNSWICK City court, per diem of jurors 119 BUCHANAN City of, incorporated 356 BUENA VISTA LOAN AND SAVINGS BANK Charter amended 716 BUTTS COUNTY County Court of, abolished 198 C CAMILLA Act authorizing dispensary repealed 360 CANON Town of, incorporated 357

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CARROLLTON Corporate limits extended 360 CEDARTOWN Charter amended 361 CERTIORARI From police courts, bonds of applicants 105 CHARTERS How amended 49 CHEATING Corporation or firm 58 CHESTER Town of, incorporated 363 CHICKAMAUGA NATIONAL PARK Jurisdiction 113 CITY COURT Deputy clerks of, how appointed 106 Of Atlanta, defaults how opened 117 In county of Bartow, indictment, demand for 118 Of Brunswick, per diem of jurors 119 Of Douglas, Act establishing amended 120 Of Elberton, salary of judge 125 Of Fayetteville established 126 Of Hamilton established 136

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Of Jefferson abolished 147 Of McRae established 148 Of Moultrie, Act establishing amended 158 Of Sandersville, Act establishing amended 159 Of Sylvania established 162 Of Tifton established 174 Of Valdosta, Act establishing amended 193 Of Waynesboro abolished 195 CLAYTON COUNTY Protection of fish in waters of 206 COCAINE How sold 100 CODE AMENDMENTS Volume 1 Section 739Eligibility of councilmen and aldermen 40 Section 982State depositories, Barnesville added 42 Section 982State depositories, Baxley added 42 Section 982State depositories, Hartwell added 43 Section 982State depositories, La Fayette added 44 Section 982State depositories, Louisville added 44 Section 982State depositories, Montezuma added 45 Section 982State depositories, Pelham added 46 Section 982State depositories, Sandersville added 46 Section 982State depositories, Swainsboro added 47 Section 982State depositories, Thomson added 48 Section 982State depositories, Winder added 48 Volume 2 Sections 1840-41Charters, how amended 49 Section 2017Insurance companies, charters of 52 Section 2145Insurance companies, suits against 53 Section 2754Foreclosure before debt due 53

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Section 4315Superior courts, when held 54 Section 5113Executions, how amended 55 Volume 3 Section 573Terrapins, capture of 56 Section 642Bastard child, maintenance of 57 Section 670Cheating, corporation or firm 58 Section 691Illegal dividends 58 Section 752Transfer of indictments to city or county courts 59 COLLEGE OF AGRICULTURE Visiting committee 734 COLUMBIA COUNTY Hunting in prohibited 207 COLUMBUS Water-workds for 370 Charter amended 377 COLQUITT Dispensary for, established 379 COUNCILMEN Eligibility of 40 CONSTABLES For justices' courts in cities 103 CORDELE Public school system amended 248 Charter amended 383

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COUNTY COURT OF Berrien county, Act creating amended 196 Butts county abolished 198 Screven county abolished 199 Greene county, solicitor for 200 Marion county abolished 201 COURTS Superior, when held 54 D DALLAS Bonds of, for school buildings, etc 251 DALTON Charter amended 390 DAWSON Salary of mayor 392 DEEPSTEP Charter amended 393 DEKALB COUNTY Commissioners for 207 DEPUTY CLERKS OF CITY COURTS How appointed 106

Page 749

DIVIDENDS Except from net earnings prohibited 58 DOERUN Public school system amended 253 Charter amended 394 DOUGLAS City court of, Act establishing amended 120 DOUGLAS COUNTY Manufacture of liquor in prohibited 211 DOUGLASVILLE Public school fund for 254 DRAINAGE AND IRRIGATION Survey for 734 DUDLEY Town of, incorporated 402 E EAST POINT Charter amended 406 EDGEWOOD New charter for 409

Page 750

EDISON Town of, incorporated 414 EDUCATION Ashburn, public schools for, system amended 240 Austell, public schools for, system amended 241 Bowden, public schools for, system established 242 Bronwood, appropriation by, for schools 247 Cordele, public schools for, system amended 248 Dallas, bonds of, for school buildings, etc 251 Doerun, public schools for, system amended 253 Douglasville, public school fund for 254 Flintstone, public schools for, system established 254 Fort Gaines, public schools for, system established 258 Forsyth school district, public school system for 262 Hopeful school district, public school system for 266 Jasper authorized to issue bonds for school purposes 270 Jesup, board of education of, to sell its lands 272 Marble Hill school district, public school system for 273 Marshallville, public schools for, system amended 276 Maysville authorized to issue bonds for school purposes. 277 Meansville school district, public school system for 279 Norcross, Act authorizing bonds for school purposes repealed 282 Ocilla, public school system for, established 283 Palmetto authorized to issue bonds for school purposes. 286 Pinehurst, public school system for, established 290 Sylvania school district, public school system for 295 Tennille school district, public school system for 299 Vega school district, public school system for 303 Waynesboro, public school system for, established 307 Young's Tan-yard school district, public school system for 313 Zebulon school district, public school system for 316

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ELBERT COUNTY Sale of seed cotton in 211 ELBERTON City court of, salary of judge 125 ELECUTIONS How amended 55 F FAIRBURN BANKING COMPANY Charter amended 717 FAYETTE COUNTY Insolvent costs in superior court 213 FAYETTEVILLE City court of established 126 City of, charter for 419 FEDERAL BUILDING At Athens 111 At Savannah 112 FISH Protection of 107

Page 752

FINLEYSON Town of, incorporated 425 FLINTSTONE Public schools for, system established 254 FORECLOSURE Before debt due, when 53 FORSYTH Charter amended 427 FORSYTH SCHOOL DISTRICT Public school system for 262 FORT GAINES Public school system for established 258 FRETWELL, JOSEPH J Authorized to build dam across Savannah river 720 G GARNISHMENT In justice's courts in cities 103 GENERAL ASSEMBLY Session of 66

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GEORGIA NORMAL AND INDUSTRIAL COLLEGE Work on grounds of 735 GEOLOGIST, STATE, AND ASSISTANTS Salary of 96 GLASCOCK COUNTY Superior court, terms of 61 GLYNN COUNTY Commissioners, compensation of 213 GOVERNOR Authorized to borrow money 725 GRAYSON Town of, incorporated 442 GREENE COUNTY County court of, solicitor for 200 Superior court, terms of 62 H HALL COUNTY Drainage of lands 215 HAMILTON City court of, established 136 Charter amended 443

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HANCOCK COUNTY Commissioners for, election of 217 HARRISON Town of, charter amended 444 HART COUNTY Commissioners for, election, etc. 218 HARTWELL Bank in, State depository 43 HATTAWAY, M. L. Pension of 728 HAWKINSVILLE New charter for 447 HAZLEHURST Charter amended 470 HOPEFUL SCHOOL DISTRICT Public school system for 266 I INDIAN WAR CLAIMS Requesting payment 731 INDICTMENTS Transfer of 59

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INSPECTORS OF ROADS AND BRIDGES Duties, etc. 104 INSURANCE COMPANIES Expiration of charters 52 Suits against 53 J JACKSON COUNTY Superintendent of public roads 219 JARRARD, J. D. Pension of 729 JASPER Bonds for school purposes 270 JEFFERSON City court of, abolished 147 JESUP Sale of school property 272 JOHNSON COUNTY Board of commissioners, established 220 JOINT FINANCE COMMITTEE Appointment of 737 JONESBORO Charter amended 471

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JUSTICE COURTS Practice and jurisdiction of in cities 103 L LAFAYETTE Bank in, State depository 44 LAGRANGE Dispensary law amended 487 LANDS ON TIDE-WATERS Boundaries of 108 LEE COUNTY Dispensaries for 222 LEGISLATURE Sessions of 66 LINCOLN COUNTY Sale of seed cotton in 211 LOUISVILLE Charter amended 488 Bank in, a State depository 44 LUMPKIN New charter for 489

Page 757

M MADISON Salary of mayor 738 MARBLE HILL SCHOOL DISTRICT Public school system for 273 MARION COUNTY County court of, abolished 201 MARSHALLVILLE Public school system, amended 276 MAYSVILLE Bonds for school purposes 277 McRAE City court of, established 148 Town of, made city 501 McINTOSH COUNTY Superior court, terms of 63 MEANSVILLE SCHOOL DISTRICT Public school system for 279 MERRILLVILLE Town of, incorporated 502

Page 758

MIDVILLE Corporate limits extended 505 MILLEDGEVILLE Dispensary for, established 506 Charter amended 510 MILITARY FORCES Code for 70 MONTEZUMA Bank in, State depository 45 MONROE COUNTY Drainage of lands 227 MORGANTON Town of, incorporated 512 MOULTRIE City court of, jurisdiction of 158 MUNICIPAL OFFICERS Elections, terms and salaries 109 N NATIONAL PARK APPROACHES Jurisdiction of 110

Page 759

NEWTON Town of, charter amended 518 NORCROSS Act authorizing school bonds, repealed 282 NORMAN PARK Town of, incorporated 519 O OAKLAND Town of, charter amended 522 OCILLA Public school system for, established 283 Town of, charter repealed 524 City of, incorporated 525 Dispensary for, established 547 OYSTERS Protection of 107 P PALMETTO Bonds for school purposes 286 PELHAM Bank in, a State depository 46

Page 760

PINEHURST Public school system for, established 290 PINEVIEW Town of, incorporated 551 R RAILROADS, STREET Capital stock and bonds of 68 RENEW, JOHN P. Pension of 730 RICHLAND Town of, new charter for 555 RICHMOND COUNTY Superior court, terms of 63 ROADS AND BRIDGES Inspectors for 104 ROCKDALE COUNTY Board of commissioners for 231 ROME Myrtle Hill Cemetery, limits extended 567 Charter amended 568 RUSSELL City of, incorporated 569

Page 761

S SANDERSVILLE City court of, Act establishing amended 159 Bank in, a State depository 46 New charter for 578 SASSER Town of, charter amended 593 SAVANNAH Federal building for 112 Act creating police court amended 595 SCREVEN COUNTY County court of, abolished 199 SHERIFFS IN CITIES Compensation of 99 SOPERTON Town of, incorporated 596 SOUTHERN MUTUAL INSURANCE COMPANY Charter amended 718 STATE DEPOSITORIES In Barnesville 42 In Baxley 42 In Hartwell 43 In LaFayette 44 In Louisville 44 In Montezuma 45

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In Pelham 46 In Sandersville 46 In Swainesboro 47 In Thomson 48 In Winder 48 STATE GEOLOGIST AND ASSISTANTS Salaries of 96 STATESBORO Town of, charter repealed 600 City of, incorporated 601 STATHAM Town of, incorporated 630 Town of, charter repealed 634 STEWART COUNTY Dispensary for 234 STEWART, I. H. Pension of 730 STREET RAILROADS Capital stock and bonds of 68 Extension of lines 69 SUMMERVILLE Village of, cemeteries for 634 Water-works and sewers 635

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SUPERIOR COURTS When held 54 Of Glascock county, terms of 61 Of Greene county, terms of 62 Of McIntosh county, terms of 63 Of Richmond county, terms of 63 Of Telfair county, terms of 64 Of Union county, terms of 65 SYLVANIA City court of, established 162 City of, incorporated 636 SYLVANIA SCHOOL DISTRICT Public school system for 295 SYLVESTER Town of, charter amended [Illegible Text] SYRUPS AND ADULTERATIONS How sold 101 SWAINSBORO Bank in, a State depository 47 T TAXES For support of government for 1903 and 1904 19 On franchises 37

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TELFAIR COUNTY Superior court, terms of 64 TEMPLE Town of, charter amended 638 TENNILLE SCHOOL DISTRICT Public school system for 299 TENNILLE Corporate limits extended 639 TERRAPINS Capture of 56 THOMASVILLE Charter amended 640 THOMSON Bank in, a State depository 48 TIFTON City court of, established 174 Charter repealed 641 City of, incorporated 642 TYBEE Town of, authorized to sell land to the United States 668

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U UNION COUNTY Superior court, terms of 65 UNIVERSITY OF GEORGIA Visiting Committee 736 UNFINISHED BUSINESS Statement of 738 For completion of 739 V VALDOSTA City court, Act establishing, amended 193 Charter amended 669 VEGA SCHOOL DISTRICT Public school system for 303 VIDALIA City of, incorporated 670 W WARSAW Town of, new charter for 692 WASHINGTON Dispensary for, abolished 708 Sale of real estate 708

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WAYNESBORO City court of, abolished 195 Public school system for, established 307 Charter amended 709 WESTERN AND ATLANTIC RAILROAD COMPANY To close culvert in Marietta 733 WILKES COUNTY Sale of seed cotton in 211 WILKINSON COUNTY Compensation of officers 238 WINDER Bank in, a State depository 48 Y YOUNG'S TAN-YARD SCHOOL DISTRICT Public school system for 313 Z ZEBULON SCHOOL DISTRICT Public school system for 316

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TREASURER'S REPORT.

Page 768

EXHIBIT No. 1. R. E. Park, Treasurer, in Account with State of Georgia from October 1st, 1901, to September 30th, 1902, both Inclusive. Balance in Treasury September 30th, 1901 $ 730,722 10 From Artists' tax $ 1,312 59 From Auctioneers' tax 585 52 From Back taxes 1,908 82 From Ball and bicycle parks 157 50 From Bicycle companies 720 00 From Billiard tax 7,157 00 From Cigarette tax 7,086 30 From Dividends from stocks 2,596 00 From Express companies' tax 7,175 96 From Fees from inspection fertilizers 30,000 00 From Fees from building and loan associations 50 00 From General tax 2,123,612 13 From Gypsy tax 90 00 From Hire of convicts 202,329 25 From Indian Springs lease 110 00 From Insolvent general tax 6,185 83 From Insolvent poll tax 1,430 74 From Insurance fees 13,424 40 From Insurance agents' tax 11,060 00 From Insurance on Soldiers' Home 19,500 00 From Insurance tax 84,647 68 From Interest from depositories 13,769 91 From Interest from Northeastern Railroad 3,745 00 From Lightning rod agents' tax 180 00 From Lease oyster lands 80 00 From Liquor tax 147,493 78 From Money refunded 114 40 From Office fees 3,021 00 From Oil fees 10,759 43 From Peddlers' tax 1,880 10 From Pension Refunded 105 85 From Pistol tax 6,142 10 From Poll tax 272,448 94 From Railroad tax 274,614 61 From Rental Western Atlantic Railroad 420,012 00 From Sale of Acts 366 75 From Sale of Codes 684 50 From Sale of Supreme Court Reports 6,844 55 From Sale of school lands 476 50 From Sewing machine companies 2,000 00 From Sewing machine agents 1,560 00 From Show tax 6,618 01 From Sleeping car companies 1,010 37 From Supreme Court costs 745 42 From Surplus from sale wild lands 25 80 From Tax on agencies 562 50 From Tax on brewing companies 2,340 00 From Tax on cold storage companies 5,612 59 From Tax on futures dealers 10,800 00 From Tax on games 363 60 From Tax on loan agents 577 15 From Tax on pawnbrokers 1,710 00 From Tax on specialists 90 00 From Tax on telegraph companies 1,993 48 From Tax on telephone companies 14,033 73 From Tax on ticket brokers 135 00 From Temporary loan, 1902 150,000 00 From Wild land tax 106 42 3,886,163 21 $4,616,885 31

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Account of Academy for Blind $ 20,000 00 Account of Buildings Sanitarium 81,952 81 Account of Buildings University 26,000 00 Account of Civil Establishment 129,898 61 Account of Charleston exhibit 500 00 Account of College for Colored Youths 8,000 00 Account of Contingent Fund 10,075 36 Account of Contingent Fund Railroad Commission 800 00 Account of Contingent Fund Supreme Court 1,280 55 Account of Department of Agriculture 10,000 00 Account of Disabled soldiers' pensions 189,035 00 Account of Fertilizer Fund 9,600 00 Account of Georgia Sanitarium 290,000 00 Account of Georgia Sanitarium (Trustees) 2,152 73 Account of Geological Fund 7,300 00 Account of Geological Fund (printing) 982 59 Account of Georgia Normal and Industrial College 22,900 00 Account of Horticultural Fund 4,927 00 Account of Incidental; Expenses General Assembly 87 96 Account of Indexing Senate and House Journals 150 00 Account of Indigent soldiers' pensions 362,340 00 Account of Indigent widows' pensions 78,180 00 Account of Inspection of oils 1,487 64 Account of Insurance public buildings 25,903 91 Account of Land Scrip Fund 6,314 14 Account of Legislative pay-roll 70,626 00 Account of Library Fund 3,249 93 Account of Military Fund 13,000 00 Account of North Georgia A. M. College 10,009 75 Account of Overpayment of taxes 7,083 35 Account of Prison Fund 120,081 60 Account of Printing Fund 26,551 46 Account of Printing Fund Railroad Commission 1,369 43 Account of Public Building Fund 17,847 80 Account of Publishing Supreme Court Reports 5,475 32 Account of Public Debt 423,816 20 Account of Reprinting Supreme Court Reports 9,954 15 Account of School for Deaf 25,000 00 Account of School Fund 1,574,172 02 Account of School of Technology 40,000 00 Account of Soldiers' Home Fund 15,000 00 Account of Soldiers' Home Building 19,500 00 Account of Solicitors-General Fund 5,475 00 Account of Special appropriations 1,410 87 Account of State Normal School 21,300 00 Account of State University 8,000 00 Account of State University (Trustees) 478 64 Account of Stationery General Assembly 175 28 Account of Temporary loan, 1901 200,000 00 Account of Widows' pensions 193,260 00 4,105,705 10 Balance in Treasury September 30th, 1902 511,180 21 $4,616,885 31

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SUPREME COURT OF GEORGIA. THOMAS J. SIMMONS Chief Justice. SAMUEL LUMPKIN Presiding Justice. WILLIAM H. FISH Associate Justice. ANDREW J. COBB Associate Justice. JOHN S. CANDLER Associate Justice. JOSEPH R. LAMAR Associate Justice.

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Superior Court Calendar for 1903. 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. Galhoun-Tuesday after second Monday in June and December. ATLANTA CIRCUIT. J. H. Lumpkin, Atlanta, Ga., Judge; G. 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 first Monday in December. AUGUSTA CIRCUIT. William T. Gary, Augusta, Ga., Judge; J. S. Reynolds, Augusta, Ga., Solicitor-General. McDuffieFirst Monday in March and September. ColumbiaFourth Monday in March and September. BurkeFirst Monday in April and October. RichmondThird Mondays in January, April, July 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. ForsythThird Monday in March and fourth Monday in August.

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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. T. A. Parker, 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. [Illegible Text]First 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. Butts, 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 J. nuary 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. WhitfiellFirst 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. CowetaFirst Monday in March and September.

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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. W. T. Kimsey, Cleveland, Ga, Judge; W. A. Charters, Gainesville, Ga., Soliciter-General. HallThird Monday in January and July. DawsonSecond Monday in February and first Monday in August.

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RabunFourth Monday in February and August. HabershamFirst Monday in March and September. TownsFourth Monday in March and September. UnionFirst Monday in April and October. WhiteSecond Monday in April and October. LumpkinThird Monday in April and October. NORTHERN CIRCUIT. Horace M. Holden, Crawfordville, Ga., Judge; David W. Meadow, Danielsville, Ga., Solicitor-General. HancockFirst Monday in February and August. GlascockSecond Monday in April and October. 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. H. G. Lewis, Siloam, Ga., Judge; Joseph H. Pottle, Milledgeville, Solicitor-General. BaldwinSecond Monday in January and July. LaurensFourth Monday in January and July. GreeneSecond Monday in February and August. MorganFirst Monday in March and September. PutnamThird Monday in March and September. JasperFourth Monday in March and September. WilkinsonFirst Monday in April and October. JonesThird Monday in April and October. OCONEE CIRCUIT. D. M. Roberts, Eastman, Ga., Judge; J. F. DeLacy, Eastman, Ga., Solicitor-General. PulaskiSecond and third Monday in February and August. Wilcox Third and Fourth Monday in March and September. IrwinFirst and second Monday in March and September. TwiggsFirst Monday in April and October. TelfairThird Monday in April and October. MontgomeryFourth Monday in April and October. DodgeSecond and third Monday in May and November.

Page 776

PATAULA CIRCUIT. H. C. Sheffield, Arlington, Ga., Judge; J. A. Laing, Dawson, 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 Moday in March and September. FloydSecond Monday in January and July. WalkerThird Monday in February and August. SOUTHERN CIRCUIT. R. G. Mitchell, Thomasville, Ga., Judge; W. E. Thomas, Valdosta, Ga., Solicitor-General. EcholsTuesday after Second Monday in March and Tuesday after fourth Monday in September. BerrienThird Monday in March and second Monday in October. ColquittFirst Monday in April and third Monday in September. ThomasThird week in April and October. BrooksFirst Monday in May and November. LowndesThird Monday in May and November. SOUTHWESTERN CIRCUIT. Z. A. Littlejohn, Americus, Ga., Judge; Frank A. Hooper, Americus, Ga., Solicitor-General. LeeFirst Monday in May and November. DoolyFourth Monday in February and First Monday in September. WebsterFirst Monday in April and October. SchleySecond Monday in April and October. StewartThird Monday in April and October. MaconSecond Monday in May and November. SumterFourth Monday in May and November. STONE MOUNTAIN CIRCUIT. L S. Roan, Fairburn, Ga, Judge.; W. T. Kimsey, Jonesboro, Ga., Solicitor-General. CampbellFirst and Second Monday in February and August. ClaytonFourth Mondays in February and August.

Page 777

DeKalbFirst and second Mondays in March and September. NewtonThird Monday in March and September. RockdaleFirst Monday in April and October. TALLAPOOSA CIRCUIT. A. L. Bartlett, Brownsville, Ga., Judge; W. K. Fielder, Cedartown, 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.