Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia Atlanta, Georgia: Geo. W. Harrison 19030000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1903 19030000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE Atlanta, Georgia 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. TITLE III.AMENDMENTS TO CONSTITUTION. TITLE IV.CODE AMENDMENTS. TITLE V.SUPERIOR COURTS. TITLE VI.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 1903. Part IPublic Laws. TITLE..... I.APPROPRIATIONS. TITLE..... II.TAXES. TITLE..... III.AMENDMENTS TO CONSTITUTION. TITLE..... IV.CODE AMENDMENTS. TITLE..... V.SUPERIOR COURTS. TITLE..... VI.MISCELLANEOUS.

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TITLE I. APPROPRIATIONS. ACTS. For Roster of Soldiers and Sailors in war between the States. For Soldiers' Home. For State Sanitarium. For School for the Deaf. For Georgia Reports, Colonial and Confederate records. For Georgia records from England. For Winnie Davis Memorial Hall. ROSTER OF SOLDIERS AND SAILORS IN WAR BETWEEN THE STATES. No. 382. An Act to create a board of commissioners to make a roster of the Georgia soldier, sailor and marine who served in the war between the States from 1861 to 1865, to prescribe their duties, to appropriate the necessary funds for the expenses thereof, and to declare the force and the effect of such roster when made, and for other purposes. Section 1. Be it enacted by the General Assembly of the State

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of Georgia, and it is hereby enacted by the authority of the same, That on and after the passage of this Act the Adjutant-General of the State, the Commissioner of Pensions, General C. A. Evans, General John B. Gordon and the Governor of Georgia be, and are, hereby constituted a board to be known as the Georgia Soldier Roster Commission. Georgia Soldier Roster Commission. Sec. 2. Be it enacted by the authority aforesaid, That it shall be the duty of said commission to meet at the capitol of the State on the first day of January, 1904, and organize by selecting one of their body as chairman and one secretary. All future meetings shall be at such time thereafter as they may fix; and any three of whom shall constitute a quorum. Organization and meetings of commission. Sec. 3. Be it further enacted by the authority aforesaid, That said board shall keep a minute of its proceedings, and shall prescribe the manner of getting up the muster roll of the Georgia Soldiers, sailors and marines who served in any part of the army of the State or Confederate States, or of the navy thereof from 1861 to the surrender in 1865. Said roster shall be made up by companies, battalions, legions and regiments, distinguishing between infantry, cavalry, artillery, sailors and marines, and showing whether of the Confederate States' army or of the States' organized militia, giving the date of enlistment of each, of all transfers that may have been made from one command to another and from one class of service to another, wounds or injuries received while in the service and how discharged from said service. Roster, how made. Sec. 4. Be it enacted by the authority aforesaid, That said board shall employ such force as may be required to make such roster, and fix the compensation of said employees, and when said roster is completed and certified by the majority of the board, it shall be accepted as prima facie evidence of the truth thereof. Employees of commission; effect of roster. Sec. 5. Be it further enacted by the authority aforesaid, That said board shall have the use and control of all the records and files in any of the departments of this State for the purpose of making said roster; that the senators and congressmen of Georgia are hereby requested to procure such permission as may be necessary through the Congress of the United States, to obtain copies of all papers, files or books that may be in any of the departments of the United States Government pertaining to the Georgia soldier, sailor and marine. Records and files of departments. State and Federal. Sec. 6. Be it further enacted by the authority aforesaid, That the sum of five thousand dollars, or so much thereof as may be necessary, to be paid out of the funds appropriated for the payment

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of pensions, is hereby appropriated to pay the actual cost of having said work done; that said fund to be paid out upon the warrant of the Governor when such account has been audited by the board. Appropriation to pay cost of work. Sec. 7. Be it further enacted by the authority aforesaid, That no fees or salary shall be paid to any one of said board for any services required to be rendered in connection with said work; provided further, that this Act shall not prevent any applicant for a pension to prove his or her claim to such pension and obtain the same. No fees or salary for commissioners; claims for pensions unaffected. Sec. 8. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903. SOLDIERS' HOME, ETC. No. 386. An Act to amend 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 of 1903 and 1904, and for other purposes, approved December 16, 1902, so as to make the appropriation for the support and maintenance of the Confederate Soldiers' Home of Georgia fifteen thousand dollars for the years 1903 and 1904 in lieu of twelve thousand five hundred dollars. Section 1. Be it enacted, That the Act to make appropriations for the ordinary expenses of the executive, legislative and judicial departments of the government, approved December 16, 1902, and known as the general appropriation Act, be amended in section 3 thereof by substituting in that paragraph which provides for an appropriation for the support and maintenance of the Confederate Soldiers' Home of Georgia for the years 1903 and 1904, the sum of fifteen thousand dollars in lieu of twelve thousand five hundred dollars, so that said paragraph in section 3 of said Act shall read as follows: For the support and maintenance of

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the Confederate Soldiers' Home of Georgia, under the Act approved December 19, 1900, the sum of fifteen thousand dollars. Confederate Soldiers' Home, appropriation for. Sec. 2. Be it further enacted, For paying arbitrators in franchise tax cases, two thousand five hundred dollars, or so much thereof as may be necessary; for salary of secretary of board of health, two thousand dollars, and expenses of board of health one thousand dollars, or so much thereof as may be necessary. Arbitrators in franchise tax cases, secretary and expenses of board of health. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Repealing clause. Approved August 15, 1903. STATE SANITARIUM. No. 310. An Act to appropriate fifteen thousand dollars for the Georgia State Sanitarium, to be used in lighting, equipping new buildings, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the sum of ten thousand dollars, or so much thereof as may be necessary, be, and is, hereby appropriated to the Georgia State Sanitarium, to be used by the trustees of said Sanitarium for the following purposes, to wit: for lighting, completing the furnishings and for building a brick wall around the new buildings at the Sanitarium. State Sanitarium, appropriation for. Sec. 2. Be it further enacted, That the other and further sum of five thousand dollars, or so much thereof as may be necessary, be, and is, hereby appropriated to be used by said trustees for erecting, lighting and heating such buildings at the colony as may be necessary. Sec. 3. Repeals conflicting laws. Repealing clause. Approved August 7, 1903.

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SCHOOL FOR THE DEAF. No. 229. An Act to approprite the sum of eleven thousand five hundred ($11,500) dollars for the purpose of building, equipping and furnishing an addition to the dormitory building of the Georgia School for the Deaf, located at Cave Springs, Floyd county, Georgia, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the sum of eleven thousand five hundred ($11,500) dollars be, and the same is, hereby appropriated for the purpose of building, equipping and furnishing an addition to the dormitory building of the Georgia School for the Deaf located at Cave Springs, Floyd county, Georgia. School for the Deaf, appropriation for. Sec. 2. Be it further enacted, That the trustees of said Georgia School for the Deaf shall have the addition to said dormitory building erected upon plans and specifications to be accepted by said board of trustees, the bid to be awarded to the lowest responsible bidder upon such terms and requirements as the board of trustees may prescribe. Sec. 3. Be it further enacted, That the treasurer of said Georgia School for the Deaf shall make application for funds from the State Treasurer for the purpose set forth in sections 1 and 2 of this Act, and the Governor shall draw his warrant for said sum. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved July 23, 1903.

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GEORGIA REPORTS, COLONIAL AND CONFEDERATE RECORDS. No. 362. An Act to amend the clause of the appropriation Act for the years 1903 and 1904, approved December 16, 1902, which relates to republishing the earlier Georgia Reports, and the compiling and publishing under the direction of the Governor the Colonial, Revolutionary and Confederate records of Georgia, which clause is found on page 15 of the printed Laws of 1902. Section 1. Be it enacted by the General Assembly, That the clause of the general appropriation Act, approved December 16, 1902, referred to in the caption of this bill, be, and the same is, hereby amended by striking from the seventh line of the said clause the word republished, and by adding to the end of the clause the words and from the sale of Codes and Acts, so that said clause, when amended, will read as follows: 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 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, and from the sale of Codes and Acts. Colonial, revolutionary and Confederate records, cost of publication, how paid. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903.

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GEORGIA RECORDS FROM ENGLAND. No. 381. An Act to appropriate two thousand dollars, or so much thereof as may be necessary, to enable the compiler of the Colonial and Revolutionary records to secure from England such important records pertaining to Georgia as are not to be secured elsewhere. 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 sum of two thousand dollars, or so much thereof as may be necessary, be, and the same is, hereby appropriated to enable the compiler of the Colonial and Revolutionary Records of this State to secure copies of such important records and documents as are on file in the British Public Records Office and other places in London which can not be found elsewhere as relate to the Colonial and Revolutionary periods of Georgia history; the same to be paid out of any money in the treasury not otherwise appropriated, on the warrant of the Governor. Colonial and revolutionary records in England, appropriation 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. Repealing clause. Approved August 15, 1903. WINNIE DAVIS MEMORIAL HALL. No. 383. An Act to make an appropriation to the trustees of the University of Georgia to aid in the completion of the Winnie Davis Memorial Hall, a dormitory building at the State Normal School, Athens, Georgia. Whereas, The Georgia Division of the United Daughters of the Confederacy have in course of construction at the State Normal School a dormitory building styled the Winnie Davis Memorial Hall, which shall cost upon completion $22,400 exclusive of furnishings; Winnie Davis Memorial Hall. Whereas, The Georgia Division of the United Daughters of the

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Confederacy have secured $15,350 of said amount, and whereas, they propose furnishing said building upon completion at an estimated cost of $3,000; therefore Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the sum of $6,000 be, and the same is, hereby appropriated to the trustees of the University of Georgia to aid the daughters of the Confederacy in the completion of said building. Said sum shall be paid over to the treasurer of the University of Georgia, and by him shall be paid to the treasurer of the Winnie Davis Memorial Fund upon the completion of the building and upon its acceptance by the building committee of the Daughters of the Confederacy. Appropriation for. Approved August 15, 1903.

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TITLE II. TAXES. ACTS. Taxes of Corporations owning property on county lines. Taxes of Corporations, where payable, etc. Special taxes, how collected, etc. Franchises due Counties and Municipalities. Tax, levy of, to pay State bonds. TAXES OF CORPORATIONS OWNING PROPERTY ON COUNTY LINES. No. 469. An Act to provide in what county 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, whose real estate or plant lies on or across a county line or county lines, and in two or more counties, shall return their property and pay their taxes thereon, 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 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, whose real estate or plant lies on or across a county line or county lines, and in two or more counties, shall return for taxation their 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 (except money, notes and accounts,

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and other like property), in the county in which are located the main buildings containing machinery, or most of said main buildings, of said manufacturing and other plants, and shall there pay their taxes; and the money, notes and accounts and other like property may be so returned and the taxes thereon so paid, or said money, notes and accounts and other like property may be returned in the county in which is located the principal office or the residence of said companies or persons, and the taxes on said money, notes and accounts, and other like property may be there paid. Tax of manufacturing companies having plants on county lines. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. TAXES OF CORPORATIONS, WHERE PAYABLE, ETC. No. 465. An Act to require taxes to be paid by all persons, companies and corporations in the county in which they are by law required or directed to be returned, to provide for the ascertainment of the county entitled to payment in disputed cases, to provide for the regulation of commissions of tax-receivers and tax-collectors, for the transmission of the State's portion of such taxes to the Comptroller-General and the disposition of the balance pending litigation, 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. All persons, companies and corporations, who are by law required or directed to return any property for taxation to the officers of the several counties of this State, shall be required to pay the taxes on such property to the county in which such property is required or directed by law to be returned. Taxes payable in counties where returns are made. Sec. 2. If any county in this State claims to be entitled to the return and taxation of any property returned or about to be returned in another county, such county may apply to the superior court of such latter county, in a petition to which the [Illegible Text] and all the counties claiming such taxes shall be made parties, for direction and judgment as to which county is under the law entitled to such return and taxes, the proceedings being in all respects

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the same as in other suits in equity, except that such petition shall be for final trial at the first term of the court, and shall, as in cases of injunction, be reviewed by a fast bill of exceptions to the Supreme Court. Taxes, where returnable, how determined. Sec. 3. Pending the determination of the cause accruing taxes shall be collected by the officers of the county to which returns may have been made by the taxpayer, but should another county be adjudged entitled to said taxes, judgment shall be entered in favor of the county entitled against the county collecting for the portion thereof paid into the treasury of said collecting county. Should the amount of taxes so recovered exceed for any year the amount that would have been assessed for that year on the return as made by the taxpayer, had it been made in the county entitled, such excess shall be decreed to be returned to the taxpayer; should it fall short, execution shall be issued by the officers of the county entitled, as in case of defaulting taxpayers. Taxes collected, how disposed of. Sec. 4. No commission shall be paid to the tax-receiver or tax-collector on State and county taxes collected pending suit over the same, as above provided, but the county's portion of said tax, together with commissions on State and county taxes allowed said officers, shall be paid into the county treasury of the county collecting, to wait the decision of said cause, and upon the final determination thereof, the officers of the county adjudged entitled shall receive their legal commissions. The State taxes collected pending such suit shall be forwarded to the Comptroller-General by the officer collecting, as though no such suit were pending, but commissions allowed thereon shall be paid into the county treasury of his county to await the determination of said suit, as above provided. Commissions of tax-receiver and tax-collector. Sec. 5. All laws and parts of laws in conflict with any of the provisions of this Act are hereby repealed. Repealing clause. Approved August 17, 1903. SPECIAL TAXES, HOW COLLECTED, ETC. No. 221. An Act to provide for the collection of the revenue of the State arising under special occupation and license taxes by issuing executioon therefor, 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 in addition to the remedy heretofore given the State for the collection of special occupation and license taxes due the State by persons following the occupation and failing and refusing to pay the tax or license, as well as for any taxes that may now be due the State as occupation or license tax, it is made the duty of the officer charged with the collection of said tax or license, where the same is now due, or may hereafter become due, to issue an execution against such delinquent taxpayer for the amount of said occupation or license tax. Special taxes, executions for. Sec. 2. Be it further enacted, That the remedy here given the State does not repeal the remedy heretofore given, but the right to prosecute criminally persons violating the laws by failing to pay the tax and refusing to register shall be cumulative to the remedy of issuing execution against such delinquent taxpayer. Other remedies. 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 July 16, 1903. FRANCHISES DUE COUNTIES AND MUNICIPALITIES. No. 439. An Act to provide for the deduction on franchises due counties, cities, towns and villages of all amounts paid, or liable to be paid, under any agreement therefor, or otherwise, to such counties, cities, towns and villages by the person, partnership, association or corporation affected, except amounts due for ad valorem taxes on account of the physical property located therein, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That whenever the tax, or any part of the tax, assessed on, or on account of, any franchises as defined in the Act approved December the 17th, 1902, providing for the payment of taxes on franchises, is due and payable to or for the use of any county, city, town or village in which the tangible property is located, and it shall appear that the person, partnership, association or corporation affected has paid, or is liable to pay, to such county, city, town or village, for its exclusive use within the year for which taxes on or on

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account of the franchises is assessed under any agreement therefor, or under any statute, ordinance, resolution or by-law requiring the same, any sum based upon a percentage of gross receipts, or any other income, or any occupation or privilege tax or charge, or any sum of money on account of, or as consideration for, such franchise or privilege granted to or possessed by such person, partnership, association or corporation, all amounts so paid, or liable to be paid, for the exclusive use of such county, city, town or village, except the money paid for the ad valorem taxes due such county, city, town or village, on account of the tangible or physical property located therein, shall be deducted from the portion of the tax due such county, city, town or village on account of the franchise owned or possessed by such person, partnership, association or corporation. Franchise tax due counties and municipalities. Sec. 2. Be it further enacted, That any money that may be paid or expended by such persons, partnership, association or corporation for bridge rentals, or for paving or repairing of pavement of any street, highway or public place, shall not be included within the amounts provided in section 1 of this Act, to be deducted from the portion of the franchise tax payable to the city, county, town or village. Bridge rentals and street assessments. Sec. 3. Be it further enacted by the authority aforesaid, That the sums referred to in section 1 of this Act shall be paid to the county, city, town or village entitled thereto, notwithstanding the passage of the franchise tax Act herein before referred to, but that such sums, when paid, shall be considered a payment on account of, or in full as the case may be, of the tax due such county, city town or village, on account of the franchise, and that if the amount so payable is greater than the amount of the franchise tax due such county, city, town or village, such payment shall be in full thereof, and if less the difference in amount shall be paid, but no greater credit shall be allowed on account of such payment than the amount of the franchise tax due such county, city, town or village for the current year. Payments of franchise taxes. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903.

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TAX, LEVY OF, TO PAY STATE BONDS. No. 287. An Act to pay off and retire valid 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 authority of the same, That the Governor is hereby authorized and directed, 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 four, 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 four, 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. Ad valorem tax to pay State bonds. Sec. 2. Be it further enacted by the authority aforesaid, That the tax authorized herein shall be specially levied and collected, and separate accounts of the same shall be kept by the Treasurer, and the money arising therefrom shall be applied to paying off and retiring the valid bonds of this State as hereinafter provided. Special levy and special fund. Sec. 3. Be it further enacted by the authority aforesaid, That the said amount so raised in the year one thousand nine hundred and four shall be applied to paying off and retiring the valid bonds of this State maturing on January 1, 1906. To pay bonds due Jan. 1, 1906. Sec. 4. Be it further enacted by the authority aforesaid, That all bonds retired under the provisions of this Act shall be cancelled and stamped with the words Sinking-funds by the Treasurer, and filed in his office. Bonds paid, how stamped. Sec. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 6, 1903.

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TITLE III. AMENDMENTS TO CONSTITUTION. ACTS. Ad valorem tax, Constitutional limit. Local taxation for Public Schools. AD VALOREM TAX, CONSTITUTIONAL LIMIT. No. 463. An Act to amend article 7, section 1 of the Constitution of this State, so as to limit the levy of taxes on property for any one year by the General Assembly to five mills on each dollar of the value of the property taxable in the State, except for the purpose of repelling invasion, suppressing insurrection or defending the State in time of war, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That article 7, section 1 of the Constitution of this State be amended by adding to said section the following paragraph, as paragraph 2: The levy of taxes on property for any one year by the General Assembly for all purposes, except to provide for repelling invasion, suppressing insurrection, or defending the State in time of war, shall not exceed five mills on each dollar of the value of the property taxable in the State. Ad valorem tax, proposed constitutional limit. Sec. 2. Be it further enacted, That whenever the above proposed amendment to the Constitution shall be agreed to by two thirds of the members elected to each of the two houses of the General Assembly, and the same has been entered on the Journals, with the yeas and nays thereon taken, the Governor shall, and he is hereby authorized and instructed, to cause said amendment to be published in at least two newspapers in each congressional district in this State, for at least two months next preceding the time for holding the next general election. Publication of proposed constitutional amendments.

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Sec. 3. Be it further enacted, That the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held, after publication as provided for in the second section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the words For ratification of the amendment to article 7, section 1 of the Constitution of this State, so as to limit the levy of taxes on property for any one year by the General Assembly to five mills on each dollar of the value of the property taxable in the State, except for the purpose of repelling invasion, suppressing insurrection or defending the State in time of war; and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words Against the ratification of the amendment to article 7, section 1 of the Constitution of this State, so as to limit the levy of taxes on property for any one year by the General Assembly to five mills on each dollar of the value of the property taxable in this State, except for the purpose of repelling invasion, suppressing insurrection or defending the State in time of war. And if a majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for said amendment, then said amendment shall become a part of the Constitution of this State. Ratification of proposed amendment. Sec. 4. Be it further enacted, That the Governor be, and he is, hereby authorized and directed to provide for the submission of the amendment proposed in the first section of this Act to a vote of the people as required by the Constitution of this State in paragraph 1 of section 1 of article 13, and by this Act, and if ratified, the Governor shall, when he ascertains such ratification from the Secretary of State, to whom the returns shall be referred in the manner as in cases of election for members of the General Assembly, to count and ascertain the result, issue his proclamation and cause the same to be inserted one time in one of the daily papers of this State, announcing such result and declaring said amendment ratified. Proclamation announcing result of election. Sec. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903.

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LOCAL TAXATION FOR PUBLIC SCHOOLS. No. 471. An Act to alter and amend article 8, section 4, paragraph 1 of the Constitution of the State by striking out the words upon the recommendation of two grand juries, which begin in the first line after the word counties, and end in the second line before the word and, and substituting therefor militia districts, school districts, and by inserting the words militia districts, school districts in the seventh line after the word county and before the word or, and further by striking out the word two thirds which begins in the seventh line after the word a and ends in the eighth line before the word vote, and substituting therefor the words two thirds majority of those voting; and the manner of submitting the same for ratification 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, that article 8, section 4, paragraph 1 of the Constitution of the State be altered and amended by striking out the words upon the recommendation of two grand juries, which begin in the first line after the word counties and end in the second line before the word and, and substituting therefor the words militia districts, school districts, and by inserting the words militia districts, school districts in the seventh line after the word county and before the word or, and further by striking out the word two thirds, which begins in the seventh line after the word a and ends in the eighth line before the word vote, and substituting therefor the words two thirds majority of those voting; so that said paragraph shall read, when amended, as follows, viz.: Authority may be granted to counties, militia districts, school districts and to municipal corporations, upon the recommendation of the corporate authority, to establish and maintain public schools in their respective limits by local taxation; but no such laws shall take effect until the same shall have been submitted to a vote of the qualified voters in each county, militia district, school district or municipal corporation and approved by two thirds majority of persons voting at such election, and the General Assembly may prescribe who shall vote on such questions. Local taxation for public schools; proposed constitutional amendment.

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Sec. 2. Be it further enacted, That if this amendment shall be agreed to by two thirds of the members elected to each of the two houses, the same shall be entered on their Journals, with the ayes and nays taken thereon, and the Governor shall cause said amendment to be published in one or more newspapers in each congressional district for two months previous to the next general election, and the legal voters at the next general election shall have written or printed on their tickets Ratification or Against ratification, as they may choose to vote; and if a majority of the electors qualified to vote for members of General Assembly, voting, shall vote in favor of ratification, then said amendment shall become a part of said article 8, section 4, paragraph 1 of the Constitution of this State, and the Governor shall make proclamation thereof. Ratification of proposed amendment. Sec. 3. Be it further enacted, That all laws in conflict with this Act be, and the same are, repealed. Repealing clause. Approved August 17, 1903.

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TITLE IV. CODE AMENDMENTS. ACTS. Volume 1, Section 233Official coincident with fiscal year. Volume 1, Section 583Alternative road law. Volume 1, Section 610Bridges, etc., on county lines. Volume 1, Section 982State Depositories. Volume 1, Section 982State Depository in Calhoun. Volume 1, Section 982State Depository in Jesup. Volume 1, Section 983State Depository in Lavonia. Volume 1, Section 983State Depository in Lavonia. Volume 1, Section 985Bonds of State Depositories. Volume 1, Section 1378Admission to Common Schools. Volume 2, Section 1908Banks, Directors of. Volume 2, Section 2166Railroads, corporate powers of, etc. Volume 2, Section 2171Railroads, relocation of lines. Volume 2, Section 2180Electric Street Suburban Railways. Volume 2, Section 4082Justices of the Peace, fees of. Volume 2, Section 4793Partition of land and sale of. Volume 2, Section 4868Mandamus to require work on roads. Volume 3, Section 151Robbery, definition of. Volume 3, Section 221Posting lands and registration of same. Volume 3, Section 453Vagrancy, definition and punishment. OFFICIAL COINCIDENT WITH FISCAL YEAR. No. 455. An Act to repeal section 233, volume 1 of the Political Code relative to annual reports by public officers, and to provide in lieu thereof that the year for official reports of the public officers of this State shall be coincident with the fiscal year. 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 233, volume 1, of the Political Code of 1895, which reads as follows: There shall be a year for official reports distinct from the fiscal year, said official report year to include the twelve months ending thirty days next preceding the regular meeting of

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the General Assembly; and all the public officers of this State shall make and publish, annually, their official reports in accordance with the official report year herein provided for: be repealed. Official reports of public officers. Sec. 2. Be it further enacted, That the year for official reports be, and the same is, hereby made coincident with the fiscal year, and it is hereby made the duty of the public officers of this State to make and publish, annually, their official reports for the period commencing on the 1st day of January and ending on the 31st day of December of each year, inclusive. Official and fiscal year coincident. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. ALTERNATIVE ROAD LAW. No. 322. An Act to amend an Act approved December 21, 1897, entitled an Act to amend section 583 of volume 1, Code of Georgia, 1895, so as to provide that when the alternative road law contained in article 2, chapter 2, sixth title of said volume, goes into effect in any county in this State, it shall not be suspended by recommendation of the grand jury thereof, before the lapse of three years from that time; so as to provide, that said alternative road law may be suspended at any time by a majority vote of the qualified electors of any county where said road law has been adopted by recommendation of the grand jury, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, That from and after the passage of this Act an Act entitled an Act to amend section 583 of volume 1, Code of Georgia, 1895, so as to provide that when the alternative road law contained in article 2, chapter 2, sixth title of said volume, goes into effect in any county in this State, it shall not be suspended by recommendation of the grand jury thereof before the lapse of three years from that time, be, and the same is, hereby amended by adding at end of section 1 of said Act the following words: provided, the operation of said alternative road law, after having been so recommended by the grand jury of any county, may be suspended at any time by a majority

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vote of the qualified electors of any such county. Said election shall be called by the ordinary of the county upon the petition of at least one fifth of the registered qualified voters of said county within thirty days from the time of the filing of said petition. Said election shall be held in the same manner and under the same rules and regulations as elections for members of the General Assembly, and the registration books shall be closed ten days before the day of the election. After the grand jury has recommended said road law, if a petition of one fifth of the voters, as before provided for, be filed with the ordinary, before said law becomes operative, he shall immediately order a special election to determine whether or not said law shall become operative in said county. All persons who have registered ten days before said election, or who have registered in the general election next preceding this election, and who are otherwise qualified to vote for members of the General Assembly, shall be qualified to vote in this election. In said election those persons who favor said alternative road law shall have written or printed on their ballots For alternative road law, and those persons who do not favor said alternative road law shall have written or printed on their ballots Against alternative road law; provided further, that the managers of said election shall make their returns to the ordinary of the county, who shall consolidate same and declare the resuit of said election; provided further, that a second election, under the provisions of this Act shall not be held until the expiration of three years after date of the election repealing the action of the grand jury; provided further, that when the action of a grand jury has been thus repealed, that no grand jury shall establish such law within three years from such election. Alternative road law, how suspended Petition for suspension. Election. Voters. Ballots. Second election. Sec. 2. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not apply to or affect any county in this State having the following population: Of between 7,000 and 8,000, of between 13,700 and 14,000, or of between 16,000 and 21,000 population, as shown by United States census of 1900. Counties excepted. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 12, 1903.

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BRIDGES, ETC., ON COUNTY LINES. No. 223. An Act to repeal an Act entitled an Act to amend section 610 of volume 1, of the Code of 1895, to provide for an equitable proportion of expense to fall on each of the counties connected by a bridge or ferry crossing the county line, and by providing for the selection of arbitrators to adjust differences, and for other purposes, approved December 17, 1901. 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 to amend section 610 of volume 1 of the Code of 1895, to provide for an equitable proportion of expense to fall on each of the counties connected by a bridge or ferry crossing the county line, and by providing for the selection of arbitrators to adjust differences, and for other purposes, approved December 17, 1901, be, and the same is, hereby repealed. ridges and ferries on county lines. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved July 16, 1903. STATE DEPOSITORIES. No. 444. 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 all Acts of the General Assembly amendatory thereof, so as to provide for the naming and appointing by the Governor of not more than two good and solvent chartered banks in good standing as State depositories in each and all of the cities named in said section, and all Acts amendatory thereof, having a population of sixty-five hundred and over, and for other purposes. Section 1. Be it enacted by the General Assembly of the State

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of Georgia, and it is hereby enacted by the authority of the same, That section 982 of volume 1 of the Code of Georgia of 1895 be, and the same is, hereby amended by adding at the end of said section and after the word depositories in the last and eleventh line thereof the following: provided, that in each and all of the cities named above in this section, and in each and all the cities in which State depositories have been established by subsequent amendments to the foregoing section, having a population of sixty-five hundred and over, the Governor may name and appoint not more than two solvent chartered banks of good standing and credit, which shall be known and designated as State depositories. State depositories, number of. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and regulations now of force and relative to and governing the depositories heretofore established shall apply to all additional depositories that may be designated and established by the provisions of this amendment. Liabilities 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. Repealing clause. Approved August 17, 1903. STATE DEPOSITORY IN CALHOUN. No. 320. An Act to amend section 982 of the Code of Georgia, 1895, providing for the selection by the Governor of banks in certain cities therein named as State depositories, and the several Acts amendatory thereof, so as to add the town of Calhoun in the county of Gordon 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 authority of the same, That section 982, of the Code 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 amendatory thereof, be, and the same are, hereby so amended as to add the town of Calhoun in the county of Gordon, State of Georgia, to the list of such cities and towns. State depository in Calhoun Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 12, 1903.

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STATE DEPOSITORY IN JESUP. No. 416. 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 Georgia amendatory thereof, so as to add the town of Jesup in Wayne 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 authority of the same, That section 982 of volume 1 of the Code of 1895, providing for the selection by the Governor of banks in certain cities and towns 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 Jesup in Wayne county, Georgia, to the list of such cities and towns. State depository in Jesup. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 18, 1903. STATE DEPOSITORY IN LAVONIA. No. 299. 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 Lavonia, in Franklin county, Georgia, to the list of such cities and towns. 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

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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 Lavonia in Franklin county, Georgia, to the list of such towns. State depository in Lavonia. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 6, 1903. STATE DEPOSITORY IN LAVONIA. No. 317. 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 Lavonia in Franklin county, Georgia, to the list of such cities and towns. 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 town of Lavonia in Franklin county, Georgia, to the list of such towns. State depository in Lavonia. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 12, 1903.

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BONDS OF STATE DEPOSITORIES. No. 456. An Act to amend section 985 of the Civil Code (vol. 1), and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That section 895 of the Code of 1895 (vol. 1) be, and the same is, amended as follows: By inserting in line four, between the words be and approved the words fixed and; also by striking out the words in a sum of fifty thousand dollars in line four of said section; also by adding at the end of same section the following words: In fixing the bond to be given by a depository under this section, the Governor shall so fix the same as to make it not less then the money intrusted to said depository, and in no case shall a larger amount of money be deposited in any bank than the amount of the bond; and the Governor may at any time require additional bond, if necessary, to cover fully the amount deposited or intended to be deposited in such banks, so that, when amended, the said section shall read as follows: Each of said depositories shall, before entering upon the discharge of their duties, by their proper officers, execute a bond, with good and sufficient securities, to be fixed and approved by the Governor. Said bond shall be conditioned for the faithful performance of all such duties as shall be required of them by the General Assembly or the laws of this State, and for a faithful account of the money or effects that may come into their hands during their continuance in office. Said bond shall be filed and recorded in the executive office, and a copy thereof, certified by one of the Governor's secretaries under the seal of the executive department, shall be received in evidence in lieu of the original in any of the courts of this State; and said bonds, when given, shall have the same binding force and effect as the bond now required by law to be given by State treasurers, and, in case of default, shall be enforced in like manner. In fixing the bond to be given by a depository under this section, the Governor shall so fix the same as to make it not less than the amount of money intrusted to said depository, and in no case shall a larger amount of money be deposited in any bank than the amount of the bond, and the Governor may at any time require additional bond, if necessary, to cover fully the amount deposited or intended to be deposited in such bank. Bonds of State depositories.

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Sec. 2. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. ADMISSION TO COMMON SCHOOLS. No. 364. An Act to amend section 1378 of volume 1 of the Code of 1895, relating to admission to common schools. 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 1378 of the Code of 1895, volume 1, be amended by striking out the words may, by consent of the county boards of the respective counties, and inserting the word shall; also by adding after the word school in said section the words provided such children reside nearer such school, or said school is more accessible to the residences of such children than any public school in the county of their residence, so the section as amended will read as follows: Admission to all common schools shall be gratuitous to all children between the ages of six and eighteen years residing in the sub-districts in which the schools are located. Colored and white children shall not attend the same school, and no teacher receiving and teaching white and colored pupils in the same school shall be allowed any compensation out of the common school fund. In special cases, to meet the demands of convenience, children residing in one sub-district may, by express permission of the county board, attend the common schools of another sub-district; and when a common school is located near a county line children from an adjoining county shall be permitted to attend the schools, provided such children reside nearer such school or said school is more accessible to the residences of such children than any public school in the county of their residence. In such cases the teacher shall make out two accounts, one against each county board, in amount proportioned to the number of children in the school from the respective counties. Admission to common 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. Repealing clause. Approved August 15, 1903.

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BANKS, DIRECTORS OF. No. 446. An Act to amend section 1908 of volume 2 of the Code of Georgia of 1895, which provides by whom banks shall be managed, by striking the word seven in the third line of said section, and inserting in lieu thereof the word fifteen. 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 1908 of volume 2 of the Code of Georgia of 1895, which provides by whom banks shall be managed, shall be amended by striking the word seven in the third line of said section and inserting in lieu thereof the word fifteen, so that said section, when so amended, shall read as follows: 1908. Powers of Directors. The business of the corporation shall be under the management and control of a board of directors to consist of not less than three nor more than fifteen members of the corporation, who must be owners and holders of one or more shares of the capital stock in good faith. The board of directors shall exercise only such power as may be legally delegated to them by the stockholders or by the by-laws adopted by the stockholders. The board of directors shall be elected by the stockholders at such time and place and for such term as may be appointed by the by-laws. Banks, directors of. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. RAILROADS, CORPORATE POWERS OF, ETC. No. 473. An Act to amend section 2166 of the Code of Georgia of 1895, by inserting at the end of the first sentence of said section, ending with the words fifteen miles, and before the sentence beginning the rights, the following words: provided, the Secretary of State, for cause shown, may relieve any forfeiture above provided for, and extend the time of constructing, equipping and operating said fifteen miles of road, or the entire road if the same be of less length than fifteen miles, of any such railroad company which has come within the provisions of the above clause for a period of two years. Only one such extension shall be granted, and said forfeiture shall be relieved only once. Such relief may be granted in favor of railroad corporations which have become subject to said forfeiture within the last past two years. Such relief shall not be granted unless applied for within one year after the cause of forfeiture has arisen, and such relief shall not be granted to any corporation which had not graded at least ten miles of its roadway at the time of the arising of such cause for forfeiture, or the entire roadway if the same be not so long as ten miles.

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Section 1. Be it enacted by the General Assembly of Georgia, That section 2166 of the Code of Georgia of 1895 be amended by inserting after the sentence ending with the words fifteen miles and before the sentence beginning the rights the following words: provided, the Secretary of State, for cause shown, may relieve any forfeiture above provided for, and extend the time of constructing, equipping and operating said fifteen miles of road, or the entire road if the same be of less length than fifteen miles, of any such railroad company which has come within the provisions of the above clause for a period of two years. Only one such extension shall be granted and said forfeiture shall be relieved only once. Such relief may be granted in favor of railroad corporations which have become subject to such forfeiture within the last past two years. Such relief shall not be granted unless applied for within one year after the cause for forfeiture has arisen, and such relief shall not be granted to any corporation which had not graded at least ten miles of its roadway at the time of the arising of such cause for forfeiture, or the entire roadway if the same be not so long as ten miles, so that the said section, when amended, shall read as follows: All the powers and privileges and said certificate of incorporation of said railroad 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 constructed, equipped and are operating the same for at least fifteen miles of said road, or the entire road if the same be of less length than fifteen miles; provided, the Secretary of State, for cause shown, may relieve any forfeiture above provided for and extend the time of constructing, equipping and operating said fifteen miles of road, or the entire road if the same be of less length than fifteen

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miles, of any such railroad company which has come within the provisions of the above clause for a period of two years. Only one such extension shall be granted, and said forfeiture shall be relieved only once. Such relief may be granted in favor of railroad corporations which have become subject to such forfeiture during the last past two years. Such relief shall not be granted unless applied for within one year after cause for forfeiture has arisen, and such relief shall not be granted to any corporation which had not graded at least ten miles of its roadway at the time of the arising of such cause for forfeiture, or the entire roadway if the same be not so long as ten miles; provided, the rights, powers and privileges granted said corporation shall not continue for a longer period than one hundred and one years, unless the same be continued by the laws of force at the expiration of one hundred and one years. Approved August 17, 1903. RAILROADS, RELOCATION OF LINES. No. 470. An Act to amend section 2171 of volume 2 of the Code of 1895, providing for the change of general direction and route of railroads, by adding at the end of said section authority to the directors and officers of railroad companies to relocate and reconstruct their line between the termini for the purpose of reducing grades and curvatures, 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 2171 of the Code of Georgia of 1895, providing for the change of general direction and route of railroads, be, and the same is, hereby amended by adding at the end of said section the following language, to wit: After said railroad company has built or acquired a line of railroad, which was originally constructed to the extent of three fourths of its length in Georgia as a narrow-gauge railroad, it shall, for the purpose of reducing its grades and curvature, have the power at any time within three years from September 1, 1903, to relocate and reconstruct any such portion or portions of the same between its termini as may be necessary and expedient, in its discretion, as shown by the action of its directors and officers, and to this end shall have the same right and power to enter upon,

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condemn rights of way and construct said road on the new location as it had on the original line; provided, that in so relocating or reconstructing any portion of the line of railroad for purpose of reducing its grade and curvature, no railroad company shall have the power to leave off of the line of its railroad any incorporated city or town without the consent of the authorities of said city or town, or to leave off the line of said railroad any village at which there is or shall be a station, after said station has been established. without the consent of the authorities of the county in which the same is located, so that said section, when amended, shall read as follows, to wit: Said railroad company shall have the power to change the general direction and route of said railroad from that stated in the original petition, by a two thirds vote of the capital stock of said corporation represented in person or by written proxy at any annual or special meeting of the stockholders of said corporation, and when the same is so changed shall have the right and power to enter upon, condemn rights of way, and construct said road on the new or changed line as they had on the original line; but no change shall be made in any town or city after the road has been constructed without the consent of such town or city expressed through its proper authorities; and in case the route is changed after grading is commenced, compensation shall be made to all persons owning lands on the original route which have been injured by such grading or other work on such original route. If no agreement can be made, such amounts are to be ascertained in the method provided for condemning right of way. After said railroad company has built or acquired a line of railroad which was originally constructed to the extent of three fourths of its length in Georgia as a narrow-gauge railroad, it shall, for the purpose of reducing its grades and curvature, have the power at any time within three years from September 1, 1903, to relocate and reconstruct any such portion or portions of the same between its termini as may be necessary and expedient, in its discretion, as shown by the action of its directors and officers, and to this end shall have the same right and power to enter upon, condemn rights of way, and construct said road on the new location as it had on the original line; provided, that in so relocating or reconstructing any portion of the line of railroad for purpose of reducing its grades and curvature, no railroad company shall have the power to leave off of the line of its railroad any incorporated city or town, without the consent of the authorities of said city or town, or to leave off the line of said railroad any village at which there is or shall be a station, after said station has been

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established, without the consent of the authorities of the county in which the same is located. Railroads, relocation of lines to reduce grades and curvatures. Sec. 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. ELECTRIC STREET AND SUBURBAN RAILWAYS. No. 282. An Act to amend section 2180 of volume 2 of the Code of the State of Georgia of 1895, which provides for the incorporation, control and management of suburban and street railway companies, and which provides that in case any street railroad incorporated under said section shall be partly located in an incorporated town or city and partly located in the country, then the provisions of the preceding division of the Code which apply to other railroads located in the country shall apply to it so far as that portion of its road is concerned, by adding to said section the following: and provided further, that nothing in section 2176 of said preceding division, which provides that the general direction and location of railroads sought to be constructed in this State shall be ten miles from a railroad already constructed or laid out and selected to be constructed, shall be or be held applicable to electric street, suburban or interurban railways, or the selection of the route or the construction 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 section 2180 of volume 2 of the Code of the State of Georgia of 1895, which provides for the incorporation, control and management of suburban and street railway companies, and which provides that in case any street railroad incorporated under said section shall be partly located in an incorporated town or city and partly located in the country, then the provisions of the preceding division of the Code, which apply to other railroads located in the country, shall apply to it so far as that portion of its road is concerned, be, and the same is, hereby amended by adding to said section the following: and provided further, that nothing in section

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2176 of said preceding division, which provides that the general direction and location of railroads sought to be constructed in this State shall be ten miles from a railroad already constructed or laid out and selected to be constructed, shall be or be held applicable to electric street, suburban or interurban railways, or the selection of the route or the construction of the same, so that said section, when so amended, shall read as follows: All the provisions of the preceding division shall govern in the incorporation, control and management of suburban and street railroad companies, in so far as the same are applicable and appropriate thereto. Any number of persons, not less than ten, who desire to be incorporated for that purpose, may form a company as provided in the preceding division, with this additional requirement: that they must in their petition specify what city, town or village, and in what streets thereof, they propose to construct and build said railroad; provided, that no street railroad incorporated under this division shall be constructed within the limits of any incorporated town or city without the consent of the corporate authorities; and provided further, that all such street railroad companies incorporated under this division shall be subject to all just and reasonable rules and regulations by the corporate authorities, and liable for all assessments and other lawful burdens that may be imposed upon them from time to time; and provided further, only such of the powers and franchises that are conferred by said divisions shall belong to said street railroad companies as shall be necessary and appropriate thereto; and in case any street railroad incorporated under this division shall be partly located in an incorporated town or city and partly located in the country, then the provisions of the preceding division which apply to other railroads located in the country shall apply to it so far as that portion of its road is concerned; and provided further, that nothing in section 2176 of said preceding division, which provides that the general direction and location of railroads sought to be constructed in this State shall be ten miles from a railroad constructed or laid out and selected to be constructed, shall be or be held applicable to electric street, suburban or interurban railways, or the selection of the route or the construction of the same. Electric street, suburban and interurban railways, location of, etc. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are, hereby repealed. Repealing clause. Approved August 6, 1903.

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JUSTICES OF THE PEACE, FEES OF. No. 475. An Act to amend an Act approved December 19, 1899, amending subsection 11 of section 4082 of volume 2 of the Code of 1895, by providing compensation for the justices of the peace for services therein mentioned, 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 above cited Act, amending subsection 11 of section 4082 of volume 2 of the Code of 1895, be amended by inserting after the word persons and before the word liable, in the seventh line of the same, the words not on the tax digest, so, when amended, said section will read as follows: to make a list of names of all persons not on the tax digest liable to tax on property or poll in their respective districts and return the same to the receiver of tax returns at his second round to receive tax returns in their respective districts in each year; and they shall receive as compensation for such services three cents for each name returned, to be paid out of the county funds. Justices of the peace, fees of, for returns to tax-receivers. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. PARTITION OF LAND AND SALE OF. No. 441. An Act to amend section 4793 of the Code of 1895, relating to the sale of lands and tenements by commissioners where the same are sold under proceedings for partition. Section 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act section 4793 of the Code of 1895 be amended by striking out after the words at the, in the fourteenth line of said section, the words court-house, and inserting in lieu thereof the words place of public sales, so that said section, when so amended, shall read as

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follows: Whenever application is made for partition of lands and tenements, as hereinbefore provided for, and either of the parties in interest shall make it satisfactorily appear to the court that a fair and equitable division of the lands and tenements can not be made by means of metes and bounds, by reason of improvements made thereon, or by reason of the premises being valuable for mining purposes, or for the erection of mills or other machinery, or that the value of the entire lands and tenements will be depreciated by the partition applied for, then, and in that case, the court shall order a sale of such lands and tenements, and shall appoint three discreet persons to conduct such sale under such regulations and upon such just and equitable terms as said court may prescribe; and which sale shall take place on the first Tuesday in the month at the place of public sales of the county in which the land is situated, after an advertisement of such sale in some public gazette of this State once a week for four weeks. This Act shall not be construed as changing the place of sale in those counties where by law sheriffs' sales are now required to take place at the court-house. Partition, sale of land 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. Repealing clause. Approved August 17, 1903. MANDAMUS TO REQUIRE WORK ON ROADS. No. 442. An Act to amend section 4868 of volume 2 of the Code of 1895, so as to provide for and authorize the judges of the superior courts of this State to issue the writs of mandamus against the several boards of commissioners of roads and revenues of the several counties of this State where by law jurisdiction and supervision of the public roads are vested in such boards of commissioners in such counties; and against the ordinaries of the several counties of this State where by law such ordinaries in such counties retain and have supervision and jurisdiction over the public roads of such counties; and against the overseers of the public roads of this State, and such boards of commissioners or ordinaries, either or both, as the facts and methods of working the public roads in the respective counties may justify, and to compel by such mandamus proceedings the repairing and building and keeping in repair the public roads of this State and the several counties thereof, so that at all times the same shall measure up to the standard now fixed by law, and conform to the requirements of law as prescribed by sections 512, 513 and 533 of volume 1 of the Code of 1895, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That section 4868 of volume 2 of the Code of 1895 of Georgia be, and the same is, hereby amended by adding after duties, the last word in the last line of said section, as follows: provided, however, that on the application of one or more citizens of any county of this State against the county commissioners of roads and revenues of such counties where by law supervision and jurisdiction is vested in such board of commissioners of roads and revenues over the public roads of such counties, and the overseers of the public roads complained of, or the ordinaries of such counties where by law supervision, control and jurisdiction over such public roads is vested in the ordinaries and the overseers of the public roads that may be complained of, either, both or all of said named parties, as the facts and methods of working the public roads in the respective counties may justify, which application or petition for mandamus shall show that one or more of the public roads of such county of such petitioner's residence are out of repair, and do not measure up to the standards and do not conform to the legal requirements as prescribed by sections 512, 513 and 533 of volume 1 of the Code of 1895 of Georgia, and are in such condition that ordinary loads, with ordinary ease, can not be hauled over such public roads, the judges of the superior courts of this State are hereby authorized and given jurisdiction, and it is hereby made their duty, upon such showing being made, to issue the writ of mandamus against such parties having charge of and supervision over the public roads of such county, and to compel by such proceedings the building, repairing and working of such public roads as are complained of, up to that standard now required by existing laws of this State as embodied in sections 512, 513 and 533 of volume 1 of the Code of 1895, and so that ordinary loads, with ordinary ease and facility, can be continuously hauled over such public roads; and the judges of the superior courts shall, by proper order, in the same proceedings compel the work done necessary to build, repair and maintain such public roads up to the standard so prescribed. Public roads, mandamus to require building and working.

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Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. ROBBERY, DEFINITION OF. No. 295. An Act to amend section 151 of volume 3 of the Code of 1895 by adding at the end of said section the following words, to wit.: or the sudden snatching, taking or carrying away any money, goods, chattels or anything of value from the owner or person in possession or control thereof, without the consent of the owner or person in possession or control thereof, so that said section, when so amended, shall read as follows: Robbery is the wrongful, fraudulent and violent taking of money, goods or chattels from the person of another by force or intimidation, without the consent of the owner, or the sudden snatching, taking or carrying away any money, goods, chattels or anything of value from the owner or person in possession or control there-of, without the consent of the owner or person in possession or control thereof. 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 151 of volume 3 of the Code of 1895 shall read as follows: Robbery is the wrongful, fraudulent and violent taking of money, goods or chattels from the person of another by force or intimidation, without the consent of the owner, or the sudden snatching, taking or carrying away any money, goods, chattels or anything of value from the owner or person in possession or control thereof, without the consent of the owner or person in possession or control thereof. Robbery definition of. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Repealing clause. Approved August 6, 1903.

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POSTING LANDS AND REGISTRATION OF SAME. No. 356. An Act to amend section 221 of volume 3 of the Code of Georgia of 1895, which provides for the posting of lands and for the punishment of persons hunting thereon, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That section 221 of the third volume of the Code of 1895 be, and the same is, hereby amended, so that said section, when amended, shall read as follows, to wit.: If any person or persons shall hunt with dogs, firearms, or in any other way, on any lands, enclosed or unenclosed, of another, or fish with hook, seine, nets or in any other way in any streams, lakes, ponds or lagoons of another, after being forbidden so to do, when ordered to desist therefrom by the owner thereof, or by the person having the same in charge, or his agent, such person shall be deemed guilty of a misdemeanor. It shall be the duty of the landowners to post a notice in two or more places on each tract of land owned by the party posting the same, forbidding all persons to hunt thereon or fish in the streams, ponds, lakes or lagoons belonging to said landowners thereof. When said lands are so posted such posting shall be held and deemed a legal notice under this section. Hunting or fishing on lands posted. Sec. 2. It shall be the duty of the ordinaries of the several counties of this State, or the commissioners of roads and revenues in such counties where the board of commissioners of roads and revenues exist, to furnish a suitable book, to be known as the register for posting lands, to the clerk of the superior court of their respective counties, in which the landowner shall register his or her name, after having first stated in the presence of the officers in charge of said book that the two notices have already been posted upon said landowner's land, as required by section 1 of this Act. Register for posting lands. Sec. 3. The posting of the notices at two or more places on each tract of land (although such notices, from any cause, should thereafter be defaced, knocked down, or destroyed) and the registering of the landowner's name in the book, to be kept for that purpose in the office of the clerk of the superior court of each county in this State, shall be deemed and held a legal notice under this section. Posting and registration, effect of.

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Sec. 4. It shall be the duty of the receivers of tax returns of the several counties of this State to carry said register for posting lands with them on all their rounds when receiving tax returns, and all landowners who have placed a notice at two or more points on their lands as required by this Act are hereby authorized to register their names in the register for posted lands in the presence of the tax-receiver of their county in the same way as if registered in the presence of the clerks of the superior courts of their several counties; it being the intention of this Act to permit the land-owners to register their names in the register for posted lands, either in the presence of the clerk of the superior court of their county, or in the presence of the receiver of tax returns of their county. At the time of the registering of the names of the land-owner, he shall also register a description of the lands that have been posted, giving the district in which said lands are located and either the numbers of the lots or other description of the lands sufficient to put the public on notice of the lands referred to. For registering said name and description the officer in whose presence the registry is made is authorized to charge and collect a fee of twenty-five cents from the person so registering. Registration, how made. Sec. 5. The book known as the register for posted lands shall be kept in the office of the clerk of the superior court, except while being used by the receiver of tax returns while making his rounds, as provided in section 4 of this Act. It being the purpose of this Act to provide either the parties posting the lands, as well as the parties desiring to hunt or fish, the privilege and opportunity to examine said register. Register for posted lands, where kept. Sec. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903.

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VAGRANCY, DEFINITION AND PUNISHMENT. No. 394. An Act to amend section 453, volume 3 of the Code of 1895, which section defines vagrancy and declares which class of persons shall be regarded as vagrants, by designating another class of persons as vagrants, by striking, in its entirety, paragraph 2 of said section, lines fourteen to twenty-six, both inclusive, beginning with the words any person may arrest, and ending with the words for one year, and substituting in lieu thereof a paragraph providing a speedier method of pointing out and arresting persons alleged to be vagrants, and prescribing a more specific procedure and punishment in all cases contemplated by this Act, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act section 453, volume 3 of the Code of 1895, be, and the same is, hereby amended by designating another class of persons as vagrants, by striking, in its entirety, paragraph 2 of said section, lines fourteen to twenty-six, both inclusive, beginning with the words any person may arrest, and ending with the words for one year, and substituting in lieu thereof a paragraph providing a speedier method of pointing out and arresting persons alleged to be vagrants, and prescribing a more specific procedure and punishment in all cases contemplated by this Act, so that said section, thus amended, shall read as follows: Vagrants are: 1. Persons wandering or strolling about in idleness, who are able to work and have no property to support them; 2. Persons leading an idle, immoral or profligate life, who have no property to support them, and who are able to work and do not work; 3. All persons able to work, having no property to support them, and who have no visible or known means of a fair, honest and reputable livelihood. The term visible and known means of a fair, honest and reputable livelihood, as used in this section, shall be construed to mean reasonably continuous employment at some lawful occupation for reasonable compensation, or a fixed and regular income from property or other investment, which income is sufficient for the support and maintenance of such wagrant; 4. Persons having a fixed abode, who

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have no visible property to support them, and who live by stealing or by trading or bartering stolen property; 5. Professional gamblers living in idleness; 6. All able-bodied persons who are found begging for a living, or who quit their houses and leave their wives and children without the means of subsistence; 7. That all persons who are able to work and who do not work, but hire [Illegible Text] their minor children and live upon their wages, shall be deemed and considered vagrants; 8. All persons over sixteen and under twenty-one years of age able to work and who do not work and have no property to support them, and have not some known and visible means of a fair, honest and reputable livelihood, and whose parents are unable to support them and who are not in attendance upon some educational institute. It shall be, and is, hereby made the duty of the sheriff and the constables in every county, the police and town marshals, or other like officials in every town and city in this State, to give information under oath to any officer now empowered by law to issue criminal warrants, of all vagrants within their knowledge, or whom they have good reason to suspect as being vagrants, in their respective counties, towns and cities; thereupon the said officer shall issue a warrant for the apprehension of the person alleged to be a vagrant, and upon being brought before him, the said officer, and probable cause be shown, shall bind such person over to any court of the county having jurisdiction in misdemeanor cases. If, upon a trial by a jury sworn to inquire whether such person be a vagrant or not, the fact of vagrancy be established, the said vagrant shall be bound in sufficient security in the discretion of the court, for his future industry and good conduct for one year. Said bond shall be payable to the court. Upon such vagrant's refusal or failure to give such security, the said vagrant shall be punished as for a misdemeanor; provided, that it shall be a sufficient defense to the charge of vagrancy under any of the provisions of this Act that the defendant has made a bona fide effort to obtain employment at reasonable prices for his labor and has failed to obtain the same. Vagrancy, definition of, and punishment for. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903.

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TITLE V. SUPERIOR COURTS. ACTS. Superior Court, Terms of, in Banks county. Superior Court, Terms of, in Chattahoochee county. Superior Court, Terms of, in Liberty county. Superior Court, Terms of, in Upson county. Superior Court, Terms of, in Oconee circuit. SUPERIOR COURT, TERMS OF, IN BANKS COUNTY. No. 424. An Act to amend an Act to change and fix the time of holding the terms of the superior courts of Franklin and Banks counties, in the Western Circuit, approved December 17, 1901, so as to change the time of holding the superior court of Banks county from the Tuesday after the third Monday in March and September of each year to the third Monday in March and September of each year, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That an Act to change and fix the time of holding the terms of the superior courts of Franklin and Banks counties, approved December 17, 1901, be, and the same is, hereby amended by striking from the first section of said Act the following words, to wit: and that the time of holding the superior court of Banks county be changed from the third Monday in March and September to the Tuesday after the third Monday in March and September in each year, where said words occur in the tenth, eleventh, twelfth and thirteenth lines of said section, and inserting in lieu thereof the following: and that the time of holding the superior court of Banks county be fixed

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for the third Monday in March and September of each year, so that said section, when so amended, shall read as follows: Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the time of holding the fall term of the superior court of Cherokee county, in the Blue Ridge judicial circuit, shall be changed from the second and third Mondays in September of each year to the first and second Mondays in August of each year; that the time of holding the superior court of Franklin county be changed from the fourth Monday in March and September to the Tuesday after the fourth Monday in March and September in each year; and that the time of holding the superior court of Banks county be fixed for the third Monday in March and September of each year. Banks county 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 whatsoever kind now returnable to and pending in the superior court of Banks county, shall hold good and relate to the term of said court as changed, fixed and provided for by this Act. Writs, etc., how returnable. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. SUPERIOR COURT, TERMS OF, IN CHATTAHOOCHEE COUNTY. No. 301. An Act to change the time of holding the superior court of Chattahoochee county, in the Chattahoochee 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 first day of January, 1904, the time of holding the superior court of the county of Chattahoochee, in the Chattahoochee Circuit, shall be changed from the fourth Mondays in March and September to the fourth Mondays in February and August of each year. Chattahoochee county superior court for, terms of.

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Sec. 2. Be it further enacted by the authority aforesaid, That all writs and processes, orders and summons, subp[oelig]nas, bail bonds, and all processes and proceedings of all kinds returnable to said court prior to the first day of January, 1904, shall be held and considered as returnable to the terms as herein fixed and prescribed; 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. Writs, etc., how returnable. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 6, 1903. SUPERIOR COURT, TERMS OF, IN LIBERTY COUNTY. No. 272. An Act to change the time of holding the superior court of Liberty 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 first day of January, 1904, the time of holding the spring term of Liberty county superior court shall be changed from the third Monday in May to the first Monday in February, and the time of holding the fall term of said superior court in said county shall be changed from the third Monday in November to the first Monday in September of each year. Liberty 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 any kind, returnable to said court prior to the first day of January, 1904, shall be held and considered as returnable to the terms of court as herein fixed, and all jurors and witnesses, sworn or summoned to attend any term of said court as now fixed by law, shall be required to attend the corresponding terms of said court as fixed and provided by this Act. Writs, etc., how returnable. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 3, 1903.

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SUPERIOR COURT, TERMS OF, IN UPSON COUNTY. No. 303. An Act to change the time of holding the fall term of Upson superior court from the third Monday in November each year to the first Monday in November each year, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the fall term of Upson superior court, in the Flint Judicial Circuit, shall begin on the first Monday in November of each and every year instead of the third Monday in November of each and every year, as now authorized by law. Upson superior court, terms of. Sec. 2. Be it further enacted by the authority aforesaid, That all rules, writs, bonds, subp[oelig]nas and all processes, both mesne and final, returnable to what has heretofore been known as the November term of said court, are hereby made returnable to the November term of said court, as changed and fixed by this Act. Writs, etc., how returnable. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 6, 1903. SUPERIOR COURTS, TERMS OF, IN OCONEE CIRCUIT. No. 256. An Act to amend section 1 of an Act entitled an Act to fix the time of holding the superior courts in the Oconee Circuit; to prescribe the length of the terms thereof; to provide for the drawing of juries therefor, and for other purposes, approved November 27, 1901, by striking from the fourth paragraph, after the enacting clause, the word first after the word the and before the word Mondays, and inserting in lieu thereof the word second; and by striking from the third line of the enacting clause after the word the the words first day of January, 1902, and inserting in lieu thereof the words passage of this Act, and by inserting in the last paragraph of section 1, after the word Twiggs, the words and the county of Telfair, so that said Act, when amended, shall read as follows:

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act the superior courts of the Oconee Circuit shall be held as follows: For the county of Pulaski, on the second and third Mondays in February and August; for the county of Irwin, on the first and second Mondays in March and September; for the county of Wilcox, on the third and fourth Mondays in March and September; for the county of Twiggs, on the second Mondays in April and October; for the county of Telfair, on the third Mondays in April and October; for the county of Montgomery, on the fourth Mondays in April and October, and the weeks following, respectively; for the county of Dodge, on the second and third Mondays in May and November. Each court, except for the counties of Twiggs and Telfair, to sit for two weeks, or as much thereof as the business of the several courts may require. Oconee circuit, superior court for, terms of. Sec. 2. Be it further enacted by the authority aforesaid, That during the next term of Wilcox superior court the judge of said court shall draw a traverse jury for the second week of said court, which jury shall be, by the sheriff or his deputy, summoned during said first week; and said judge shall, before adjourning said court or any succeeding term thereof, draw a traverse jury for the second week of the next succeeding term if, in his opinion, the business of said court requires a two-weeks' term; said jurors to be drawn and summoned as now required by law. Wilcox county, traverse jurors in superior court. Sec. 3. Be it further enacted by the authority aforesaid, That all petitions, bills, bonds, writs, claims, summons, mesne and final processes, and suits of any description, issued from, returnable to, or pending in said courts, respectively, as the terms are now provided for, shall hold good and relate to the terms of said courts, respectively, as changed, fixed and provided for by this Act, and that all grand and traverse jurors who may be drawn and summoned to attend said courts, respectively, as the terms are now provided by law, shall be required to attend the terms of said courts, respectively, as changed, fixed and provided for by this Act. Writs, etc., how returnable. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved July 30, 1903.

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TITLE VI. MISCELLANEOUS. ACTS. Uniformity in school-books. Common schools, curriculum of. Public school fund, distribution of. Prison Commission, disposition of convicts. Penitentiary, protection of officers. Department of Health created. Administrators, etc., bonds of. Year's support, out of what property allowed. Trials for insanity of convicted felons. Turpentine and naval stores, adulteration of. Jurors, qualifications of. Trover, defenses in cases of. Days of Grace abolished. Pensioners, record of, by ordinaries. Claims of State disputed, settlement of. Procuring money on contract for service. Tenants and croppers, employment of. Sale of goods in bulk, regulation of. Sale of fertilizers in bulk, regulation of. Illuminating oils, how tested. Liquor, sale of, on Sunday in municipalities. Hogs, running at large, prohibited. Birds, protection of. Game and fish, protection of. Road laws and commutation tax. Road laws and commutation tax. Adjutant-General, qualifications of. Confederate Memorial Board of Georgia created. UNIFORMITY IN SCHOOL-BOOKS. No. 328. An Act to create a State School-book Commission, and to procure for use in the public free schools of this State a uniform series of text-books; to define the duties and powers of said commission and their officers; to make an appropriation for the carrying into effect of this Act, and to provide punishment and penalties for the violation of the same. Section 1. Be it enacted by the General Assembly of the State

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of Georgia, and it is hereby enacted by the authority of the same, That the State Board of Education, consisting of the Governor, Secretary of State, Comptroller-General, Attorney-General and State School Commissioner, be, and are, hereby made the School-book Commission of the State of Georgia. The members of the said School-book Commission shall serve without compensation; the Governor shall be president, and the State School Commissioner shall be the executive officer of said School-book Commission. Before transacting any business relating to the duties of this commission, they shall each take an oath before some person authorized to administer same, to faithfully discharge all the duties imposed upon them as members of the said School-book Commission, and that they have no interest, direct or indirect, in any contract that may be made under this Act, and will receive no personal benefit therefrom. School-book Commission. Oath of members. Sec. 2. Be it also enacted by the authority aforesaid, That from and after the first day of January, 1904, or such date thereafter, not more than sixty days, as shall be deemed necessary and practicable by the School-book Commission to allow to the contractors to furnish to the schools of the State the books included in the contracts made by said commission with such contractors, a uniform series of text-books shall be used in all the common schools of this State, to be adopted in the manner and for the time hereinafter provided, which uniform series of books shall be in use in all the common schools of this State, and shall include the following elementary branches of an English education only, to wit: Orthography, reading, writing, arithmetic, geography, English language lessons, English grammar, history of Georgia containing the Constitution of the State of Georgia, history of the United States containing the Constitution of the United States, physiology and hygiene, the elementary principles of agriculture and civil government, and such other branches of study in addition to the above mentioned as may be from time to time provided for by statute, and not conflicting with the Constitution of this State; provided, that none of said text-books so adopted shall contain anything of a partisan or sectarian character; and provided, that no county, city or town that levies a local tax for the purpose of maintaining a system of graded schools, which local tax, together with the State fund, is sufficient to maintain said system of graded schools, for as long a period as eight months in each year, shall be included in the provisions of this Act; but if the duly constituted authorities in charge of any local system in this State should desire to use any of

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the books selected by said School-book Commission, the said local system shall have the privilege of buying said books at the same price and on the same terms at which they are furnished to the common schools of the State. Uniform series of books for common schools, branches included. Sec. 3. Be it further enacted by the authority aforesaid, That it shall be the duty of the said School-book Commission to elect a sub-commission of five, to be selected from among the teachers of the State who are actively engaged in school work, either as normal school teachers, common school teachers, graded school teachers, county school commissioners or city superintendents; provided, that no more than one of the members of said sub-commission shall be taken from one congressional district. Sample copies of all books sent to the said School-book Commission as specimen copies upon which bids are to be based shall be referred to the sub-commission for examination, and said sub-commission shall examine and report upon the merits and demerits of the books irrespective of prices, taking into consideration the subject-matter of the books, their printing, their material and mechanical qualities and their general suitability and desirability for the purposes for which they are desired and intended. It shall further be the duty of each member of said sub-commission to make an individual report to the said School-book Commission at such time as said commission shall direct, arranging each book in its class, and reporting them in the order of their merit, pointing out the merits and demerits of each book, and indicating what book he recommends for adoption first, what book is his second choice, and what his third choice, and so on, pursuing this plan with the books submitted upon each branch of study; and if any member of said sub-commission shall consider different books upon the same subject or of the same class or division of approximately equal merit, all things being considered, he shall so report, and if he thinks that any of the books offered are of such character as to make them inferior and not worthy of adoption, he shall, in his report, designate such books, and in said report each member of the said sub-commission shall make such recommendations and suggestions to the said School-book Commission as he shall deem advisable and proper to make. Said individual reports of the different members of the sub-commission shall be kept secret and sealed and shall be delivered to the Secretary of the State, and said reports shall not be opened until the said School-book Commission shall meet in executive session to open and consider the bids or proposals of publishers and other desiring to have books adopted by said commission. Each member

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of said sub-commission, before entering upon the duties of said sub-commission, shall take and subscribe to an oath to act honestly, conscientiously and faithfully, and that he is not directly or indirectly in any manner interested in any of the proposed contracts, nor in any book or publishing concern of any kind or character, and that he will examine all books submitted carefully and faithfully, and make true report thereon, as herein directed and prescribed; said oath shall be filed in the office of the Secretary of State. Said School-book Commission shall hear and consider said reports of the members of the sub-commission in its selection and adoption of the uniform series of text-books, and shall also themselves consider the merits of the books, taking into consideration the subject-matter, the printing, binding and material and mechanical qualities and their general suitability and desirability for the purposes intended, and the price of said books; and they shall give due consideration and great weight to the reports and recommendations of the sub-commission; provided, that no text-book, the subject-matter of which is of inferior quality, shall be adopted by the said School-book Commission. Said School-book Commission shall select and adopt such books as will, in their best judgment, accomplish the ends desired. When the said School-book Commission shall have finished with the reports of said sub-commission, the individual reports of the members of said sub-commission shall be filed and preserved in the office of the State School Commissioner, and shall be open at all times for public inspection. Sub-commission, election of. Duties of. Reports of sub-commission. Oath of members of sub-commission. Adoption, how made. Sec. 4. Be it further enacted, That the said School-book Commission shall meet in the office of the State School Commissioner not later than September 1, 1903, and advertise in such manner and form as they may deem best, that, at a time to be fixed by said commission to be named in the advertisement, and not to be later than November 1, 1903, said School-book Commission will receive at the office of the State School Commissioner, in the city of Atlanta, sealed bids or proposals from the publishers of school-books for furnishing books to the public common schools of the State of Georgia through agencies established by said publishers in the several counties and places in counties in the State, as may be provided for in such regulations as said School-book Commission may adopt and prescribe. The bids or proposals shall be for furnishing the books spescified for a period of five years, and no longer. Said bids or proposals shall state specifically and clearly the retail price at which each book will be furnished, and also the exchange price for the introduction of such book. Each bid or proposal shall be

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accompanied by specimen copies of each and all books to be furnished in said bid; and it shall be required that each bidder shall deposit with the Treasurer of the State of Georgia a sum of money such as the said School-book Commission may require, of not less than five hundred dollars, and not more than twenty-five hundred dollars, according to the number of books each bidder may propose to supply, and such deposit shall be forfeited absolutely to the State if the bidder shall fail or refuse to make and execute such contract or bond as is hereinafter required within such time as the said School-book Commission may require, which time shall not be later than January 1, 1904, and shall also be stated in said advertisement. All bids shall be sealed and deposited with the Secretary of State, to be by him delivered to the said School-book Commission when they are in executive session for the purpose of considering the same, when they shall be opened in the presence of said School-book Commission; provided, that the School-book Commission shall have authority upon the acceptance of any bid and the execution of any contract to furnish school-books under the provisions of this Act, to allow such time after January 1, 1904, as may be deemed by said commission reasonable and necessary (not more than sixty days), to the contractor making such bid or contract, within which to furnish to all the schools of this State coming under the provisions of this Act, with all the books contracted to be furnished. Advertisement for bids. Bids, terms of. Sec. 5. Be it further enacted by the authority aforesaid, That it shall be the duty of said School-book Commission to meet at the time and place noted in said advertisement and take out the specimen copies submitted and upon which the bids are based, and refer and submit them to the sub-commission as provided for and directed in section 3 of this Act, with instruction to the said sub-commission to report to them at a specified time with their reports, classifications and recommendations as provided in section 3. When the said reports are submitted it shall be the duty of the said School-book Commission to open and examine all sealed proposals submitted and received in pursuance of the notice provided in section 4 of this Act. It shall then be the duty of said School-book Commission to examine and consider carefully all such bids or proposals, together with the reports and recommendations of the members of the sub-commission, and determine, in the manner provided in section 3 of this Act, what book or books upon the branches herein above mentioned, or that hereafter may be added by said School-book Commission, or may be hereinafter provided for in this Act, shall be selected and adopted, taking into consideration

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the size, quality as to subject-matter, material, printing, binding, and the mechanical execution and price and the general suitability for the purposes desired and intended. And after such adoption shall have been made, the said School-book Commission shall, by registered letter, notify the publishers or proposers to whom contracts have been awarded, and it shall then be the duty of the Attorney-General of the State to prepare the said contract or contracts in accordance with the terms and provisions of this Act, and the said contract shall be executed by the Governor and attested by the Secretary of State with the seal of the State attached upon the part of the State of Georgia, and the said contract shall be executed in triplicate, one copy to be kept by the contractor, one copy by the School-book Commission, and copied in full upon the minute-book of the commission, and one copy to be filed in the office of the Secretary of State. At the time of the execution of the contract aforesaid, the contractor shall enter into a bond in the sum of not less than one thousand dollars, nor more than twenty thousand dollars, payable to the State of Georgia, the amount of said bond within said limits to be fixed by said School-book Commission, conditioned upon the faithful, honest and exact performance of said contract, and shall further provide for the payment of reasonable attorney's fees in case of recovery on any suit upon the same, with three or more good and solvent sureties, actual citizens and residents of the State of Georgia, or any guarantee company authorized to do business in the State of Georgia may become the surety on the said bond; and it shall be the duty of the Attorney-General to prepare and approve said bond; provided, however, that said bond shall not be executed in a single recovery, but may be sued upon from time to time, until the full amount thereof shall be recovered; and the said School-book Commission may at any time, by giving thirty days' notice, require additional security or additional bond within the limits prescribed. And when any persons, firm or corporation shall have been awarded a contract and submitted therewith the bond as required hereunder, the said School-book Commission, through its secretary, shall so inform the Treasurer of the State, and it shall then be the duty of the Treasurer of the State to return to such contractor the cash deposit made by him; and the said School-book Commission, through its secretary, shall inform the Treasurer of the State of the names of the unsuccessful bidders or proposers, and the Treasurer of the State shall, upon receipt of this notice, return to the unsuccessful bidders or proposers the amount deposited in

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cash by the unsuccessful bidders or proposers at the time of the submission of their bids. But should any person or persons, firm, company or corporation, fail or refuse to execute the contract and submit therewith his bond as required by this Act within thirty days of the awarding of the contract to him and the mailing of the registered letter containing the notice (and it is hereby provided that the mailing of the registered letter shall be sufficient evidence that the notice was given and received), the said cash deposit shall be deemed and declared forfeited to the State of Georgia, and it shall be the duty of the Treasurer to place said cash deposit in the treasury of the State to the credit of the school fund; and provided further, that any recovery had on any bond given by any contractor shall inure to the benefit of the school fund of the State, and when collected shall be placed in the treasury to the credit of the school fund and be prorated among the several counties of the State. Adoption Contracts. Bond of contractors. Deposits by bidders, disposition of. Forfeitures and recoveries on bonds. Sec. 6. Be it further enacted by the authority aforesaid, That the books furnished under any contract shall be equal in all respects to the specimen or sample copies furnished with the bids; and it shall be the duty of the Secretary of State to preserve in his office, as the standards of quality and excellence to be maintained in such books during the continuance of such contract, the specimen or sample copies of all books which have been the basis of any contract, together with the original bid or proposal. It shall be the duty of all contractors to print plainly on the back of each book the contract price as well as the exchange price at which it is agreed to be furnished, but the books submitted as sample or specimen copies with the original bids shall not have the price printed on them before they are submitted to the sub-commission. And the said School-book Commission shall not in any case contract with any person, publisher or publishers, for the use of any book or books which are to be or shall be sold to patrons for use in any public school in this State at a price above or in excess of the price at which such book or books are furnished by said person, publisher or publishers under contract to any State, county or school district in the United States under like conditions prevailing in that State and in this Act; and it shall be stipulated in each contract that the contractor is not now furnishing, under contract, any State, county or school district in the United States where like conditions prevail as are prevailing in this State and under this Act, the same book or books as are embraced in said contract at a price lower or less than the prices stipulated in the said contract; and that in case said contractors shall hereafter, during the term of said contract,

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contract to furnish, or furnish, to any State, county or school district, such book or books at a lower price than that named in the contract, such lower price shall become the price of such book or books under the contract entered into with the said School-book Commission. And the said School-book Commission is hereby authorized and directed at any time they find that any book or books are being sold at a lower price, under contract, to any State, county or school district aforesaid, to sue upon the bond of said contractor and recover the difference between the contract price and the lower price at which they find the books are being sold. And in case any contractor shall fail to execute specifically the terms and provisions of his contract, said School-book Commission is hereby authorized, empowered and directed to bring suit upon the bond of such contractor for the recovery of any and all damages, the suit to be in the name of the State of Georgia and the recovery for the benefit of the public school fund. But nothing in this Act shall be construed so as to prevent said School-book Commission, and any other contractor agreeing thereto, from in any manner changing or altering any contract, provided four members of the State School-book Commission shall agree to the change and think it advisable and for the best interest of the public schools of the State. In all other matters a majority of said School-book Commission shall control. Standards of books. Prices of books. Sec. 7. Be it further enacted by the authority aforesaid, That it shall be always a part of the terms and conditions of any contract made in pursuance of this Act, the State of Georgia shall not be liable to any contractor, in any manner, for any sum whatever; but all such contractors shall receive their pay or consideration in compensation solely and exclusively derived from the proceeds of the sale of books, as provided for in this Act; provided further, that the said School-book Commission shall stipulate in the contract for the supplying of any book or books, as herein provided that the contractor or contractors shall take up the school-books now in use in this State and receive the same in exchange for new books at a price not less than fifty per cent. of the contract price; but the exchange period shall not extend beyond the limit of one year from time of the expiration of contracts existing in counties in which such said change shall be required under this Act. And each person or publisher making any bid for the supplying of any books hereunder shall state in such bid or proposal the exchange price at which such book or books shall be furnished. State not liable to contractors. Exchange price. Sec. 8. Be it further enacted by the authority aforesaid, That the said School-book Commission shall have and reserve the right

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to reject any and all bids or proposals if said commission be of the opinion that any or all bids should, for any reason, be rejected; and in case they fail from among the bids or proposals submitted to select any book or books upon any of the branches of study herein provided for in this Act, they may readvertise for sealed bids or proposals under same terms and conditions as before, and proceed in their investigations in all respects as they did in the first instance and as required by the terms and provisions of this Act. Bids, any or all, may be rejected. Sec. 9. Be it further enacted by the authority aforesaid, That as soon as said commission shall have entered into a contract or contracts for the furnishing or supplying of books for use in the public schools of this State, it shall be the duty of the Governor to issue his proclamation announcing such fact to the people of the State. Proclamation announcing contracts. Sec. 10. Be it further enacted by the authority aforesaid, That the party or parties with whom the contract or contracts shall be made shall establish and maintain in some city in this State a depository where a stock of their books sufficient to supply all the immediate demands shall be kept. They shall also establish and maintain not less than one nor more than three agencies in every county in the State as the State School-book Commission shall deem advisable and demand, for the distribution of the books to the patrons; but the contractors shall also be permitted to make arrangements with merchants or others for the handling and distribution of the books. Any party not living conveniently near an agency or county depository may order any books desired from the central depository direct, and it shall be the duty of the contractor to deliver any book or books so ordered to the person so ordering to his post-office address, freight, express, postage or other charges prepaid, at the retail contract price; provided, that the price of the book or books so ordered shall be paid in advance. All books shall be sold to the consumer at the retail contract prices, and on the cover of each book shall be printed the following: The price printed hereon is fixed by a State contract, and any deviation therefrom shall be reported to your county school commissioner or to the State School Commissioner at Atlanta; and it is expressly provided that should any party contracting to furnish books as provided for in this Act fail to furnish them, or otherwise breach his contract, in addition to the right of the State to sue on the bond herein above required, the county board of education may sue in the name of the State of Georgia in any court having jurisdiction and recover on the bond of the contractor the full value of the books

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so failed to be furnished, for the use and benefit of the school fund of the county; provided, that the right of action given to the county board of education shall be limited to breaches of the contract committed in that county. Depository for and distribution of books. Sec. 11. Be it further enacted by the authority aforesaid, That the said School-book Commission may from time to time make any necessary regulations not contrary to the provisions of this Act to secure the prompt distribution of the books herein provided for and the prompt and faithful execution of all contracts; and it is expressly now provided that said Commission shall maintain its organization during the five years of the continuance of the contract, and after the expiration of the same to renew such of them as they deem advisable, or readvertise for new bids or proposals as required by this Act in the first instance, and enter into such other contracts as they may deem for the best interest of the patrons of the public schools of the State; provided, that any contract entered into or renewed shall be for the term of five years. Powers of Commission. Sec. 12. Be it further enacted by the authority aforesaid, That as soon as practicable after the adoption provided for in this Act, the State School Commissioner shall issue a circular letter to each county school commissioner and city superintendent in the State, and to such others as he may desire to send it, which letter shall contain the list of books adopted, the prices, location of agencies, method of distribution, and such other information as may deem necessary. State School Commissioner, notice by. Sec. 13. Be it further enacted by the authority aforesaid, That the books adopted under the provisions of this Act shall be used to the exclusion of all others on the same subject in all the public common schools of the State; provided, that supplementary readers may be used in any of the common schools of the State, but even supplementary readers shall not be used until after the regular readers prescribed have been completed, and in no case shall supplementary readers be used to the exclusion of the regular readers adopted under this Act. Books to be used. Sec. 14. Be it further enacted by the authority aforesaid, That any person or teacher violating the preceding section of this Act shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than ten dollars nor more than twenty-five dollars. Use of other books prohibited. Sec. 15. Be it further enacted by the authority aforesaid, That if any county school commissioner fails or refuses to enforce the provisions of this Act, said county shall receive no part of the public

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school fund of the State of Georgia until the provisions of this Act have been complied with. Any teacher of a public common school in this State violating the provisions of this Act shall not receive any salary so long as he or she shall fail to carry out the provisions of this Act. Any teacher who shall use or permit to be used in his or her school any text-book upon the branches embraced in this Act, where the commission has adopted a book upon that branch, other than the one so adopted (except it be supplementary readers, as provided in section 13) shall be guilty of a misdemeanor and shall be punished as provided in section 14 of this Act. Penalties for violating this Act by officers and teachers. Sec. 16. Be it further enacted by the authority aforesaid, That if any local agent, dealer, clerk or other person handling or selling the books adopted under this Act shall demand or receive for any copy of any of the books herein provided for, more than the contract price in cases where the purchase is for cash, he shall be guilty of a misdemeanor, and upon conviction shall for each offense be punished by fine of not less than fifty nor more than two hundred dollars. Penalties against agents and dealers. Sec. 17. Be it further enacted by the authority aforesaid, That the sum of one thousand dollars, or so much thereof as may be necessary, to be paid out of the public school fund, be, and is, hereby appropriated for the purpose of paying the cost and expense of carrying into effect the provisions of this Act. Appropriation for expenses of adoption. Sec. 18. Be it further enacted by the authority aforesaid, That said School-book Commission shall serve without compensation, and the members of the sub-commission of five shall be paid a perdiem of four dollars per day during the time they are actually engaged, not to exceed thirty days, and in addition shall be repaid all money actually expended by them in the payment of necessary expenses, to be paid out of the public school fund, and they shall make out and swear to an itemized statement of such expenses. Per diem and expenses of sub-commission. Sec. 19. Be it further enacted by the authority aforesaid, That the adoptions made under the provisions of this Act shall continue for five years from the first day of January, 1904, and any adoption of books made after this time shall terminate with all other adoptions on the first day of January, 1904, and that all contracts for school-books made by county boards of education now existing and extending beyond the first day of January, 1904, shall not be affected by this Act, but no new contracts shall be made after the passage of this Act by any county board of education, or by the board of education of any city or town in this State, except the

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boards of education in Georgia having under their control a system of graded schools in part supported by local taxation and maintained for at least eight months in each year. Terms of contracts. Sec. 20. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 13, 1903. COMMON SCHOOLS, CURRICULUM OF. No. 385. An Act to provide for the teaching of the elementary principles of agriculture and the elements of civil government in all the common schools of the State of Georgia; to provide a penalty in case any county board of education, in city or county, fails to provide for the teaching of the same, and requiring all teachers to stand a satisfactory examination upon said subjects. 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 elementary principles of agriculture and the elements of civil government be included in the branches of study taught in the common or public schools in the State of Georgia, and shall be studied and taught as thoroughly and in the same manner as other like required branches are studied and taught in said schools. Agriculture and civil government to be taught. Sec. 2. Be it further enacted by the authority aforesaid, That it shall be the duty of county commissioners of all schools receiving aid from the State to report to the State School Commissioner any failures or neglect on the part of their respective boards of education to make provisions for instruction of all pupils in any and all of the schools under their jurisdiction in said branches, and the board of education of each county of this State shall adopt proper rules to carry the provisions of this law into effect. Failure to provide for. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903.

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PUBLIC SCHOOL FUND, DISTRIBUTION OF. No. 479. An Act to secure to the several counties of this State the public school fund to which they are now or may hereafter be entitled under the law. 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 in all cases where any of the counties of this State have heretofore or may hereafter leave unused in the State treasury any part of the public school fund to which they are entitled under the law, such fund shall be kept separate and applied to the use and benefit of the respective counties entitled to the same. Public school fund, use of. Sec. 2. Be it further enacted by the authority aforesaid, That such unused funds may be used by the respective boards of education of the counties entitled to the same for school purposes in their respective counties, and may be drawn on for such purpose as now provided by law. Part unused. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. PRISON COMMISSION, DISPOSITION OF CONVICTS. No. 430. An Act to amend an Act approved December 21, 1897, being an Act to create a prison commission for the State of Georgia, to hire the labor of certain felony convicts for a period of five years after the expiration of the present contract, to dispose of the money arising therefrom, and to authorize the Governor and prison commission to impose fines upon certain county authorities for failure to comply with the law and regulations governing misdemeanor chain-gangs, 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 11 of said Act be stricken and the following substituted in

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lieu of said section: 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 prison commission is authorized and required, between the months of August, 1903, and March, 1904, after advertising as required above, to make contracts under the provisions of this Act for the labor of all felony convicts not embraced in section 8, for a period of five years beginning April 1, 1904. All provisions of this Act applicable to the hiring of this class of convicts, their control and management, shall be of force until expiration of the contracts hereby authorized. The advertisements shall be published as required in section 8, offering for hire for a term not longer than five years all the convicts not embraced in section 8 of this Act, and not furnished the county authorities as provided in section 10, to be employed at any labor consistent with the reasonable punishment and the physical ability of the convict; provided, that the convicts shall, as far as possible, consistent with the best interests of the State, be so worked that the products of their labor shall come least in competition with that of free labor; provided further, that in no case shall convicts be worked in factories where women are employed; the State furnishing all guards and physicians; the hirer furnishing transportation, maintenance, medicine, clothing and all other necessaries, and such buildings as may be required (which shall be stated in the advertisement), and paying quarterly for the annual labor of the convicts at an agreed price per annum per capita. At the time fixed in the advertisement the commission shall award said convicts, or any of them, to the bidder or bidders who offer the highest and best price for labor, but may reject any and all such bids, and may make any other contract of hiring on the plan specified, which, in their judgment, will carry out the intentions of this Act and subserve the best interest of the State. No lessee of convicts as herein provided for shall sublease any of said convicts to any person other than such as shall be approved by said commission, and only upon such terms as said commission shall prescribe. The commission in hiring the convicts may contract with any one or more persons or companies, but no bids for less than twenty-five nor more than fifty convicts shall be received in any one bid; provided, that this does not restrict any person, firm or corporation from making more than one bid, so that said firm or corporation may receive more than one group of fifty and the minimum price to be considered shall be $175.00 per year; and all convicts sentenced after April 1, 1904, to the penitentiary shall be disposed of by the commission under

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and by virtue of the provisions of this Act. All contracts made shall provide for suitable bond, with security to be approved by the commission, to be made by the hiring person or company, payable to the Governor and his successors in office, in an amount to be fixed by the commission, conditional for the faithful payment of the hire and observance of the contract, and of such rules and regulations as may be adopted by the commission; and that whenever any such bond is executed by the hirer of said convicts as herein contemplated, the State shall have a lien on all the property of said principal, and security or securities of said bond from the time of the execution thereof for the payment of any and all liabilities arising from the breach of said bond. In lieu of a personal bond the company or individual hiring the convicts may deposit collateral, consisting of United States bonds, or municipal bonds, which are acceptable to the commission, or the company or individual hiring the convicts may give as security any solvent guarantee company, security company, surety company, fidelity insurance company, which has complied with the Act of December 24, 1896, authorizing such companies to become surety upon bonds; and in case of default the bond shall be collectable as provided in said Act of December 24, 1896. Whenever the surety upon any bond shall become doubtful, the commission shall have authority to require other good and solvent security, and, in default of such security being given, the commission may forfeit the lease and take charge of the convicts. The hire shall be paid into the treasury of the State at the end of each three months from the date of the hiring upon certified statement submitted by the commission to the Comptroller-General, ten days being allowed to pay the hire after such statement has been filed. The prison commission is authorized and required, between the months of August, 1903, and March, 1904, after advertising as required above, to make contracts under the provisions of this Act for the labor of all felony convicts not embraced in section 8 for a period of five years, beginning April 1, 1904. All provisions of this Act applicable to the hiring of this class of convicts, their control and management, shall be of force until the expiration of the contracts hereby authorized. Felony convicts, how leased. Subleases. Bids. Contract price. Bonds of lessees. Hire, how paid. Sec. 2. Be it further enacted by the authority aforesaid, That the following words be added to section 6 of said Act, immediately after the sentence and if county and municipal authorities fail to comply with such rules, to wit: or the laws governing misdemeanor chain-gangs; and the following words be added at the conclusion of said section, to wit: or the Governor and the commission,

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in their discretion, may impose a fine, not exceeding $250.00, upon each of said county or municipal authorities failing to comply with such rules or the law, so that said section, when amended, shall read as follows: Be it further enacted, That the commission shall have complete management and control of the State convicts; shall regulate the hours of their labor, the manner and extent of their punishment; the variety and quantity of their food, the kind and character of their clothing, and shall make such other rules and regulations as will assure their safe-keeping and proper care; and to appoint such officers and physicians as may be necessary; provided, that the guards so appointed shall not receive a greater sum than $25.00 each per month, and the officer and physicians so appointed shall not receive a greater sum than $100.00 each per month; provided further, that any person or corporation having hired any convicts under the provisions of this Act, and failing to or refusing to comply with the regulations of the commission, shall forfeit all rights under any contract of hiring; and in their discretion said commission shall have power and authority to take from the hirer the convicts so hired and rehire them under the provisions of this Act. The commission shall have general supervision of the misdemeanor convicts of the State. It shall be the duty of one of the commissioners, or, in case of an emergency, an officer designated by them, to visit from time to time, at least quarterly, the various camps where misdemeanor convicts are at work, and shall advise with the county or municipal authorities working them in making and altering the rules for the government, control and management of said convicts; and in case the county or municipal authorities and such commission fail to agree upon the management, government or control of the same, the Governor shall prescribe such rules; and if the county or municipal authorities fail to comply with such rules or the law governing misdemeanor chain-gangs, then the Governor, with the commission, shall take such convicts from the said county or municipal authorities and deliver them to some other county or municipal authority complying with the rules and regulations prescribed by the Governor; the net proceeds to go into the treasury of the county, to be kept in the fines and forfeitures fund, and in the event no county or municipal authorities shall desire them, then they shall be worked as the commission may designate; or the Governor and commission, in their discretion, may impose a fine not exceeding $250.00 upon each of said counties or municipal authorities failing to comply with such rules or the law. Misdemeanor convicts, control of. Rules and regulations, how made and enforced.

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Sec. 3. Be it further enacted by the authority aforesaid, That section 10 of said Act, approved December 21, 1897, be stricken and the following substituted in lieu of said section: Be it further enacted, That the several counties of this State shall have the right, at their option, to work and use convicts sentenced to the penitentiary for periods of five years, or less, on the public roads or public works, except those convicts which are now required by law to be placed upon the prison farm; that on or before December 1, 1903, those counties desiring to work such convicts on their public works and roads shall, through their proper authorities, so notify the prison commission in writing, and those counties which do not so notify the prison commission shall participate in and take the proceeds from the hire of the convicts, made upon the ratio and in the manner hereinafter provided, to wit: That as soon after the first day of December, 1903, as is practicable, the prison commission shall make a just apportionment of all the felony convicts among the several counties of the State, on the basis of their general population as is shown by the latest United States census, so as to ascertain the number of convicts that each county will be entitled to; and when this number is ascertained, those counties which have given the written notice above prescribed shall be furnished by the commission the number of convicts which it has been determined they are entitled to out of the class of convicts above prescribed in the order of the filing of the applications therefor. If it should appear that applications are filed by counties for convicts under the above provisions in excess of the number of convicts sentenced for five years or less, available for work upon the roads of the counties of this State, then said convicts shall be awarded only to those counties in the order of their applications that can be supplied with their proportion of the convicts under said apportionment. When said commission determines the number which each county is entitled to, the prison commission shall notify the counties which have been awarded their proportionate number of convicts; whereupon said counties shall be required to receive said convicts and transport them to their distination without expense to the State, and keep and use them upon the public roads and works of said counties for a period of not less than one year; provided, however, that any such county so taking and working such convicts shall have the option and right to retain and work such convicts for a period not longer than five years; provided also, that after any such county has kept and worked said convicts for a period of one year, it may, after having given said

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prison commission sixty days' notice, return said convicts to said prison commission, and said commission shall thereupon proceed to award the said convicts to any county having applied therefor, making such award to the counties in the order of the date of such application; and in case there should be no such applications of file at the time of the return of such convicts, said commission shall lease said convicts upon such terms and for such time as shall be, in their judgment, for the best interest of the State, not inconsistent with the provisions of this Act. Those counties which receive and work their proportion of the felony convicts shall not participate in the proceeds of the hire of said convicts; only those counties shall be awarded convicts by the commission which work their misdemeanor convicts upon the public roads or works. In the event any county shall not have a sufficient number of convicts after having received the number awarded to them, and there shall remain unapplied for by December 1, 1903, convicts of the class hereinbefore designated as available to be worked upon the roads of the counties of this State, it shall have the right to bid for additional convicts in the same manner and under the same terms and conditions as individuals or corporations, and the prison commission shall give said counties the preference in the hiring of said convicts; provided, that the price offered by said county or counties is equivalent to or more than the net amount that would be received by the commission from the highest bid made by an individual or corporation. Five year convicts, use of by counties. Sec. 4. Be it further enacted, That the net hire of the convicts shall be transmitted quarterly by the Treasurer of the State to the treasurer of those counties which shall not have received their proportion of the felony convicts for work upon the public roads or works, and each county so receiving its proportionate part of the net hire of convicts shall appropriate it in the following manner and for the following purposes only, to wit: For the common schools, or for the public roads, as the first grand jury sitting after the first receipt of funds from the hire of felony convicts shall determine; provided, that if it be determined to use said hire, either upon the roads or for the public schools, no succeeding grand jury shall change the application of said funds within two years, but after two years from the first recommendation by the grand jury of any county as to said hire, the grand jury of such county shall determine the disposition of such hire for the next succeeding two years,

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and biennially thereafter the grand jury shall determine as to said hire, as between the school fund and the public roads of the county. Hire of felony convicts, disposition of. Sec. 5. Be it further enacted, That the prison commission shall grade and classify all convicts to be leased under the provisions of this Act, to the end that those convicts sentenced for life, and others that are desperate and unruly may be separated from those sentenced for lesser crimes, under such rules as the commission may prescribe. Classification of convicts. Sec. 6. Be it further enacted, That when any person shall complete his or her term in any convict camp in this State, the lessee or county authority leasing said person shall provide him or her a railroad ticket to the home of such person prior to his or her conviction, or to the nearest railroad station thereto; and said person shall not have the option of taking the cash value of such ticket in lieu thereof. Transportation of discharged convicts. 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. Repealing clause. Approved August 17, 1903. PENITENTIARY, PROTECTION OF OFFICERS. No. 449. An Act for the protection of the officers and employees of the Georgia penitentiary at the various camps throughout the State, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act it shall be unlawful for any person in the State of Georgia to come inside of the guard-lines established, with gun, pistol or any other weapon, or any intoxicating liquors without the knowledge and consent of the deputy wardens in charge. Guard-lines of penitentiary. Sec. 2. It shall be unlawful for any person within the State of Georgia to trade, traffic, buy from or sell to a convict any article without the knowledge and consent of the deputy warden in charge. Traffic with convicts prohibited. Sec. 3. Guard-lines shall be established by the deputy warden in charge in the same way and manner that land lines are, except at

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each corner of said lines finger-boards must be used, on which shall be plainly stamped or written Guard line ofcamp. Guard-lines, how established. Sec. 4. Deputy wardens shall have authority to deputize any person, and such deputy warden, or their deputy, shall, by this Act, be legally constituted arresting officers with or without warrants for purpose of arresting persons violating this Act, and any person resisting arrest, same shall be dealt with as the law directs for resisting an officer. Deputy wardens. Sec. 5. It shall be unlawful for any person to loaf, linger or stand around where convicts are employed or kept, after having been ordered by the deputy warden in charge of said convicts to desist therefrom. Loitering prohibited. Sec. 6. Any person violating any of the provisions of this Act shall be guilty of a misdemeanor, and upon conviction shall be fined not less than twenty-five dollars in violation of this Act, or shall be imprisoned not less than six months nor more than twelve months, or shall be subject to both fine and imprisonment at the discretion of the court. Penalties for violating this Act. Approved August 17, 1903. DEPARTMENT OF HEALTH CREATED. No. 453. An Act to create a State Board of Health in and for the State of Georgia; to define its duties, jurisdiction and powers; to provide for the appointment of its members, for it organization and maintenance; to provide for its authority, 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 a board, to be known as the State Board of Health, be, and the same is, hereby established and made one of the public institutions of the State. Said board shall consist of twelve (12) members, one of whom, the secretary, shall be a member by virtue of his office, and eleven shall be appointed by the Governor, one from each congressional district, and a majority of whom shall be physicians. State Board of Health. Sec. 2. Be it further enacted, That the term of office of the members first appointed shall be so arranged that the term of two of the members shall expire on the first day of January of each

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year for six years, and subsequent appointments shall be for the full term of six years, and any vacancy that may occur shall be filled by appointment by the Governor for the unexpired term. Terms of members. Sec. 3. Be it further enacted, That the State Board of Health shall have supervision of all matters relating to the preservation of the life and health of the people of the State. The board shall have supreme authority in matters of quarantine, and may declare and enforce it when deemed necessary. The board shall make and enforce reasonable orders or regulations for the prevention of the spread of contagious or infectious diseases. It shall be the duty of all local boards of health and the public and municipal officers of this State to enforce such quarantine and sanitary rules and regulations as may be adopted by the State Board of Health, and upon failure of any such officer to obey the quarantine and sanitary rules and regulations adopted by the State Board of Health, such person shall be subject to a fine of not more than fifty dollars. The State Board of Health shall make careful inquiry as to the cause of diseases, and especially when contagious, infectious, epidemic or endemic, and take prompt action to control and suppress it. It shall be the duty of the board to collect and preserve records of births and deaths and report the same, together with such other useful information, annually to the Governor. The board of health shall respond promptly when called upon by the State or local government and the municipal and township boards of health to investigate and report upon the water supply, sewerage, disposal of excreta, or ventilation of any place or public buildings. The State Board of Health shall not have power to supersede municipal boards of health where the same are properly maintained, but shall act in harmony with said local boards of health. It is made the duty of the State Board of Health to enforce the provisions of chapter 3, volume 1 of the Political Code, relating to health and quarantine in so far as the same may be done without violating any of the provisions relating to the duty of local boards of health; and the fines and forfeitures arising from the conviction of any person violating any of the laws of health and quarantine now of force in this State, or any violation of any reasonable rules and regulations for the protection of the public health of this State promulgated by the State Board of Health, shall be paid into the treasury of the city or county where said conviction was had, and to be expended in aid of the quarantine and other sanitary laws. Powers and duties of board. Sec. 4. Be it further enacted, That the said board shall have authority to make such rules and regulations as are necessary to carry into effect the scope and purpose of this Act, and especially such

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reasonable rules and regulations for the establishment, maintenance and enforcement of quarantine regulations as the board in its discretion may deem necessary not in conflict with the laws of the State. Rules and regulations of board. Sec. 5. Be it further enacted, That it shall be the duty of the local boards of health and of physicians in localities where there are no health authorities, to report to the State Board of Health promptly upon the discovery thereof, the existence of any of the following diseases, to wit: Asiatic cholera, yellow fever, scarlet fever, smallpox, diphtheria, typhus or typhoid fever, and of such other contagious or infectious diseases as the State Board of Health from time to time may specify; and when any contagious or infectious disease shall become, or thereaten to become, epidemic in any county, city, village or hamlet, and the local authorities shall neglect or refuse to enforce sufficient measures for its prevention, the Btate Board of Health may appoint a medical or sanitary officer with such assistants as he may require, and it shall be the duty of such officer to enforce the orders or regulations of the State Board of Health. Reports by local boards. Sec. 6. Be it further enacted, That it shall be the duty of the State Board of Health to make annual reports to the Governor of the State on or before the first day of January of each year, which shall be for the preceding calendar year; and such report shall include so much of the proceedings of the board, and such information concerning vital statistics, such knowledge respecting diseases, and such instructions on the subjects of hygiene as may be thought useful by the board for dissemination among the people, with such suggestions as to legislative action as it may deem necessary. Annual reports by State board. Sec. 7. Be it further enacted, That at the first meeting of the State Board of Health it shall elect two officers, a president and a secretary. The president shall be elected from the members composing the board, but no member shall be eligible to the office of secretary. The members of the board shall receive no salary, but each member shall receive $5.00 per day and necessary traveling and hotel expenses when on actual duty by order of the board, with the approval of the Governor, or attending the meetings of the board. Meetings of the board shall be semi-annual and at such place and time as a majority of the board may determine. The president of the board may call special meetings in case of emergency. A majority of the members shall constitute a quorum for the transaction of business. President and secretary. Meetings. Sec. 8. Be it further enacted, That at the first meeting of the board a secretary shall be elected by the board, who shall be a competent

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physician, and who shall hold his office for six years unless sooner removed by a majority vote of the entire board for failure to properly perform the duties of his office. The secretary shall receive a salary of two thousand dollars a year; he shall keep his office in Atlanta, and shall keep a record of the transactions of the board; he shall be the custodian of all papers, books, documents and other property belonging to the board, and he shall perform such duties as the board may prescribe. Secretary, election, salary and duties. Approved August 17, 1903. [No repealing clause.] ADMINISTRATORS, ETC., BONDS OF. No. 435. An Act to authorize administrators, executors, trustees, receivers and guardians who are required by law, or the proceedings appointing such officers, to give bond, to charge costs or premiums paid for such bonds as costs or charges against the estates which they represent, or in the proceedings in which they are appointed, and to authorize allowances of such charges or premiums by the judges of the courts of ordinary or other officers or judges under whose jurisdiction such proceedings are pending, or by whom such appointments are made. 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 administrators, executors, trustees, guardians and receivers who are required by law to give bond as such, who have given as security on such bonds one or more guaranty companies, surety companies, fidelity insurance companies or fidelity and deposit companies, as now authorized by law, may include as part of his or their lawful expenses or costs of administration such reasonable sum or sums paid to such company or companies for such surety ship, not exceeding one per centum per annum in cases of trustees and receivers, and in cases of administrators, executors and guardians one third of one per centum per annum on the amount of said bond, as the court or judge or other officer by whom he or they were appointed allows. Official bonds, cost of. Sec. 2. Be it further enacted, That any court, judge or other officer whose duty it is to pass upon the account of any person or corporation required to execute a bond with surety, or sureties, as

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hereinbefore provided, shall, whenever such person or corporation has given any such company or companies as security, as provided in section 1 of this Act, allow in the settlement of such account a reasonable sum for the expenses and premiums incurred in securing such surety, not exceeding the amounts specified in section 1 of this Act. How allowed. Sec. 3. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. YEAR'S SUPPORT, OUT OF WHAT PROPERTY ALLOWED. No. 434. An Act to regulate the law of year's support. 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 whenever the vendor of personal property shall, at the time of selling and delivering such personal property, take a mortgage thereon to secure the purchase-money thereof, neither the widow and minor child or children, nor the minor child or children of the vendee, shall be entitled to a year's support in said personal property so mortgaged, as against said vendor, his heirs, executors, administrators and assigns, until the purchase-money of said personal property is fully paid; provided, that said purchase-money mortgage shall expressly state that the same is executed and delivered for the purpose of securing the debt for such purchase-money. Personal property, mortgaged for purchase-money, not subject to year's support. 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. Repealing clause. Approved August 17, 1903.

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TRIALS FOR INSANITY OF CONVICTED FELONS. No. 418. An Act to provide for the abolition of trials or inquisitions as to the insanity of persons accused of capital offenses after a conviction thereof, and providing a method of disposition of such cases, and for other purposes. Section 1. Be it enacted, That from and after the passage of this Act no person who has been convicted of a capital offense shall be entitled to any inquisition or trial to determine his sanity. Sec. 2. Be it further enacted, That upon satisfactory evidence being offered to the Governor of this State that the person convicted of a capital offense has become insane subsequent to his conviction, the Governor may, within his discretion, have said person examined by such expert physicians as the Governor may choose; and said physicians shall report to the Governor the result of their investigation; and the Governor may, if he shall determine that the person convicted has become insane, have the power of committing him to the State sanitarium until his sanity shall have been restored, as determined by laws now in force. The cost of the investigation shall be paid by the Governor out of the contingent fund. Insane convicts, disposition of. Sec. 3. Be it further enacted, That the terms of this Act shall not apply to any pending case. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Repealing clause. Approved August 17, 1903. TURPENTINE AND NAVAL STORES, ADULTERATION OF. No. 396. An Act to prevent and prohibit the adulteration of spirits of turpentine and naval stores, and to provide for the appointment and duties of the supervising inspector of naval stores, and to prescribe forfeitures and penalties for violating and methods for the enforcement of the provisions of this Act, 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 this Act shall be known as the Pure Spirits of Turpentine Act. Sec. 2. Be it further enacted by the authority aforesaid, That for the purpose of this Act the term spirits of turpentine shall be taken to mean pure spirits of turpentine distilled from rosin, turpentine gum or scrape of pine-trees, unmixed and unadulterated with oil or any other substances of any kind whatever. Without intending hereby to limit the scope of the preceding definition, mixed with or adding to spirits of turpentine any foreign substance which affects its weight or specific gravity shall be deemed an adulteration, and the substance produced shall be deemed adulterated spirits of turpentine. The terms spirits of turpentine and pure spirits of turpentine shall, for the purposes of this Act, be synonymous and coextensive. All distillates and other oils, spirits or preparations resembling or held out as substitutes for spirits of turpentine, manufactured or prepared, directly or indirectly from or by the distillation of wood, or chemically differing from pure spirits of turpentine, and not containing adulterants, shall be known as wood spirits of turpentine. Pure spirits of turpentine adulterated or mixed in any proportions with any other foreign substance or adulterants whatever, or with wood spirits of turpentine, shall be known as adulterated wood spirits of turpentine. Wood spirits of turpentine, adulterated or mixed in any proportion with any other or foreign substances or adulterants whatever, shall be known as adulterated wood spirits of turpentine. The term barrel, as used in this Act, shall include any kind of package, vessel, tank or receptacle in which spirits of turpentine, rosin or naval stores shall be placed or kept for sale, shipment, consignment or delivery. Spirits of turpentine. Adulteration. Wood spirits of turpentine. Adulterated spirits of turpentine. Adulterated wood spirits of turpentine. Barrel. Sec. 3. Be it further enacted by the authority aforesaid, That every person, firm or corporation who shall hereafter produce or manufacture for sale or shipment, or for any other than for his own use or consumption, any spirits of turpentine in the State of Georgia, shall plainly mark or write in letters not less than one inch square on the outside of the barrel containing the same, the true nature of the contents of such barrel in such manner as to whether the same contains pure spirits of turpentine, wood spirits of turpentine, adulterated spirits of turpentine or adulterated wood spirits of turpentine, as defined by the provisions of this Act. It shall be unlawful for any person, firm or corporation to manufacture or produce any spirits of turpentine or wood spirits of turpentine for sale, consignment or shipment, or to sell, ship, consign or in any manner dispose of the

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same, whether pure or adulterated, or of any other kind whatsoever, without plainly marking or writing in the manner aforesaid, upon the outside of the barrel containing the same, the words pure spirits of turpentine, or wood spirits of turpentine, or adulterated spirits of turpentine, or adulterated wood spirits of turpentine, as the case may be; and any person who shall violate the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in section 1039 of the Code. Barrels, how marked. Penalties Sec. 4. Be it further enacted by the authority aforesaid, That any person who shall knowingly aid or assist in the manufacture for sale, consignment or shipment of adulterated spirits of turpentine, or adulterated wood spirits of turpentine, which shall be placed or contained in a barrel not marked in the manner provided for by this Act to indicate the character of its contents, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in section 1039 of the Code. Persons liable to penalties Sec. 5. Be it further enacted by the authority aforesaid, That it shall be unlawful for any person knowingly to ship, consign, sell or offer for sale as pure spirits of turpentine any wood spirits of turpentine or adulterated spirits of turpentine, or to ship, consign, sell or offer for sale as wood spirits of turpentine any adulterated wood spirits of turpentine; and any person who shall violate the provisions of this section shall be guilty of a misdemeanor, and, shall upon conviction thereof be punished as prescribed in section 1039 of the Code. Sale of adulterations. Sec. 6. Be it further enacted by the authority aforesaid, That any person who shall knowingly purchase or receive or offer for sale or sell any spirits of turpentine or wood spirits of turpentine which has not been marked, branded or stamped in accordance with this Act, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in section 1039 of the Code. Sale of turpentine not stamped. Sec. 7. Be it further enacted by the authority aforesaid, That upon the passage and approval of this Act the Governor shall appoint a competent person, who shall be a citizen of the State of Georgia, to be the supervising inspector of naval stores for the State of Georgia, and who shall be skilled in the inspection of and familiar with the grades of naval stores and competent to detect adulteration thereof, and shall hold his office for four years from and after his appointment. No person shall be appointed supervising inspector of naval stores who is a producer, factor or buyer of or dealer in naval stores, or employed by or connected in business with any such producer, factor, buyer or dealer in naval stores.

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The supervising inspector of naval stores shall have his office in the part of this State receiving the largest amount of naval stores for sale or shipment. The supervising inspector of naval stores of the State of Georgia shall have general supervision and direction of all inspectors of naval stores, and it shall be his duty to see that they fairly and honestly perform all the duties imposed upon them and in the manner provided by law, and to report to the Governor any delinquency or irregularity of any such inspector, and to investigate complaints made by producers or others of the conduct of such inspector in the discharge by him of the duties of his office. The supervising inspector of naval stores shall also have supervision of all naval stores, plants, yards, warehouses, and it shall be his duty to see that no adulteration of naval stores is committed in this State, and to collect evidence of any adulteration which may come to his knowledge, or be reported to him, whenever the same may occur in the State of Georgia, and to prosecute or cause to be prosecuted all persons violating the laws of this State in regard to the inspection, marking, branding or adulteration of naval stores. Said supervising inspector shall also perform such other duties as may be conferred upon him by law, but he shall not perform the duties of an inspector except when necessary to determine the correctness of any inspection made by an inspector. Supervising inspector of naval stores, Sec. 8. Be it further enacted by the authority aforesaid, That the supervising inspector of naval stores shall give bond in the sum of five thousand dollars, with at least two good and sufficient securities, payable to the State of Georgia, conditioned for the faithful discharge of all the duties of his office; and the said bond, before being accepted, shall be approved by the Attorney-General and the Governor, and filed in the office of the Secretary of State. Bond of inspector. Sec. 9. Be it further enacted by the authority aforesaid, That the supervising inspector of naval stores shall receive as compensation for his services one fourth of a cent for each barrel of rosin or spirits of turpentine which may be inspected under the laws of this State; for a basis of said fee a barrel when applied to spirits of turpentine shall be fifty (50) gallons, and the term spirits of turpentine shall include all spirits of turpentine mentioned in this Act. A barrel, when applied to rosin, shall be 280 pounds, and said fee shall be reckoned on this basis. Said fee shall be paid equally by the buyer and seller of such naval stores. In case of naval stores shipped in packages or receptacles other than barrels, his compensation shall be reckoned upon the basis of barrels or fractions thereof, in the same manner as is provided for the payment of fees of inspectors under like conditions. The supervising inspector

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of naval stores shall have the right to recover from any person or corporation the fees allowed him under this Act, in an action of assumpsit, or any other appropriate proceedings of any court of this State having jurisdiction thereof. Fees of inspector. Sec. 10. Be it further enacted by the authority aforesaid, That any person who shall knowingly have in his possession any spirits of turpentine or wood spirits of turpentine for sale and consignment or shipment, which shall be in any manner adulterated without being marked on the outside of the barrel with the words and in the manner required by this Act, shall forfeit the same to the State of Georgia. Upon sworn information thereof from any person, it shall be the duty of the solicitor-general of the judicial circuit in which such property subject to the forfeiture under this section may be found, to proceed forthwith to have the same forfeited and sold in the following manner: He shall file with the superior court of the jurisdiction in which said property is found information in the name of the State of Georgia, setting forth the property whereof forfeiture is claimed, the owner thereof, or the person in whose possession the same is found, and the grounds of forfeiture. Upon filing of such information, a copy of which with process attached, and writ of attachment shall be thereupon issued without bond or affidavit returnable to the next term of the superior court where such information is filed; but if such superior court shall sit within fifteen days next after issuing such attachment, it shall be made returnable to the next term of the superior court thereafter. Such summons and writ of attachment shall be served in the manner provided for service of a writ of attachment in civil actions at law. Thereafter the cause shall proceed in the same manner as the same actions at law. In case of attachment, and in the event the property shall be adjudged forfeited, the same shall be sold as is provided in the case of sales under execution; or any person claiming to own property attached, or his agent or attorney, may, in such proceedings, intervene and defend the said proceedings as in cases of attachment. All such proceedings shall be governed in other respects by the rules of pleading and practice applicable to suits at law in cases of attachment. The proceeds arising from said sale shall be paid into the treasury of the county in which said case is tried, to be paid by the treasurer of said county under order of the court as follows: one half to the informant upon certificate of the solicitor-general that the person claiming the same is entitled thereto as the informer upon whose information said action was begun, and the remainder to be paid to the county

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treasurer of the county in which the conviction is had as a part of the fine and forfeiture fund. Neither the supervising inspector nor any other inspector shall be permitted to receive any part of the proceeds of any such forfeiture; and if the information be given by any such inspector, the entire proceeds shall be paid into said fine and forfeiture fund. The penalties, punishments and other provisions of this Act, for the enforcement of the same, shall be deemed several, and the enforcement of one shall not preclude or affect the enforcement of any other. Adulterations, how forfeited. Proceeds, disposition of. Sec. 11. Be it further enacted by the authority aforesaid, That the supervising inspector of naval stores, or any other inspector of naval stores, if he shall have reason to believe that any spirits of turpentine or wood spirits of turpentine has been or is adulterated in any manner, shall have the right to enter the place where the same is stored or kept, and to open any barrel or barrels in which the same may be, and to take therefrom a sufficient quantity, not exceeding a pint, from every barrel as a sample for analysis and inspection. Each such sample shall be sealed by the supervising inspector or other inspector of naval stores taking the same, who shall at the same time write, mark or label the same in such manner as to indicate the time and place of taking the same and the ownership of the barrel from which it is taken, as well as any other facts necessary to identify the sample so taken with the original. The owner, claimant or custodian of such spirits of turpentine shall have the right to be present, if he desires, in person or by agent, at such sampling, and to demand and receive of such supervising inspector or inspector of naval stores a sample in all respects like that taken by such supervising inspector or inspector of naval stores. The analysis of any such sample so taken by such inspector or supervising inspector, sworn to by any witnesses competent to make such analysis, shall be admissible in evidence in any action wherein the grade or quality of the original from which the sample shall have been taken shall be in issue. A certificate of the result of an analysis made and certified by the State chemist or assistant chemist shall be prima facie evidence of the nature, composition and character of the contents of the barrel from which such sample was taken and of the correctness of such analysis, and for such purposes admissible in evidence in any court of this State. Inspection and analysis Sec. 12. Be it further enacted by the authority aforesaid, That every person who produces, manufactures, consigns, sells or keeps for sale, and every manufacturer, producer of, or dealer or factor in naval stores in the State of Georgia shall post and keep posted a written or printed copy of this Act in a public place at the still

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location, warehouse, yard or other place where he shall manufacture, store or keep naval stores; and it shall be the duty of the Secretary of State to cause a sufficient number of copies of this Act to be printed for public distribution for the purposes aforesaid. Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in section 1039 of the Code. Copies of this Act to be posted by manufacturers and dealers. Sec. 13. Be it further enacted by the authority aforesaid, That this Act shall take effect thirty days after its passage and approval by the Governor. 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. Repealing clause. Approved August 17, 1903. JURORS, QUALIFICATIONS OF. No. 377. An Act to prescribe the qualifications of jurors in the superior courts, county courts and city courts of the State of Georgia, to regulate the drawing of jurors in said courts, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act that any juror who has served as a grand or traverse juror at any session of the superior courts, county courts or city courts in this State shall be ineligible for duty as a juror at the next succeeding term of said superior court, county court or city court, in which he has previously served; provided, nothing herein contained shall prevent any traverse juror from serving as a grand juror at the next term of the superior court of his county. Jurors, qualifications of. Sec. 2. Be it further enacted by the authority aforesaid, That when any name of such juror as is disqualified by section 1 of this Act is drawn, the same shall not be recorded as a juror, but shall be returned to the box from which it was drawn, and the drawing continued until the jury is secured. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903.

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TROVER, DEFENSES IN CASES OF. No. 367. An Act to allow defendants in certain trover cases to plead set-offs, or to recoup in damages where suits have been brought to recover possession of personal property; to provide the manner in which such set-offs or damages are allowed, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That when personal property is sold and the vendor retains the title thereto in himself until all the purchase-money is paid, and the vendor or his assigns has brought, or may hereafter bring suit to recover the possession of such personal property, the defendant in such action may plead as set-off any demand or claim that he may have against the plaintiff, or may recoup any damages that he has sustained by reason of any failure of consideration, or any defects in such personal property, or any breach of contract by the plaintiff, whereby the defendant has, in any way, been injured or damaged. If the plaintiff elects to take a money judgment for the value of such property, the amount of set-off or damages allowed the defendant by the jury shall be deducted from the value of such property and the amount allowed for the hire or use thereof, and the plaintiff shall only recover the excess; but if the amount of set-off or damages allowed the defendant shall exceed the value of the property sued for and the hire thereof, then the defendant shall have judgment against the plaintiff for such excess. If the plaintiff elects to take a judgment for the property sued for, then the amount allowed the defendant as set-off or damages shall be a lien on such property superior to all other liens, except liens for taxes. Defenses in trover cases. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903. DAYS OF GRACE ABOLISHED. No. 306. An Act to abolish the days of grace recognized by custom in this State; to fix a date when such abolition shall take effect, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia,

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and it is hereby enacted by authority of the same, That on and after the first day of October, 1903, the days of grace recognized by custom, in this State, as applicable to promissory notes, shall be, and the same are, hereby declared to be abolished. Days of grace abolished. Sec. 2. Be it further enacted by the authority aforesaid, That all promissory notes, drafts, bills or other evidences of debt, dated on and after the first day of October, 1903, shall become due and payable on the date named in the contract. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 7, 1903. PENSIONERS, RECORD OF, BY ORDINARIES. No. 476. An Act to require the several ordinaries of this State to keep a record of all pensioners in their county that are paid by the State, 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 passage of this Act, it is hereby made the duty of the Commissioner of Pensions of this State to furnish to each ordinary in every county a complete list of each pension roll now enrolled and to be hereafter enrolled, showing the company and regiment of the soldier pensioner in which he served during the war between the States, and of each husband of every widow pensioner, and the grounds for which the pension was granted, and the witnesses making the proof therefor. Roll of pensioners. Sec. 2. Be it enacted by the authority aforesaid, That it shall be the duty of the said ordinary to enter said list of pensioners in a substantial and well bound record which shall be kept open to the inspection of the public like other public records in his office, and this record shall be used by the grand juries for their examinations and report on annually in lieu of the list now required by law to be sent out by the Commissioner of Pensions. How kept. Sec. 3. Be it further enacted by the authority aforesaid, That the cost of said book and the making of said record shall be paid for

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by the counties as are required by law for the purchase and making of other records. Cost of record. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. CLAIMS OF STATE DISPUTED, SETTLEMENT OF. No. 464. An Act to authorize the Governor and the Attorney-General of the State of Georgia to compromise and settle any litigation or disputed claim to any property, real or personal, claimed by the State of Georgia under and by virtue of the Acts of December 15, 1818, which Act reserved certain lots of land, to wit: lots numbers 10 and 100 in each surveyor's district for the education of the poor children, and Acts amendatory thereof, whether such claim be in suit or not; to provide for the conveyance and relinquishment by the State of its claims to any of said property, real or personal, as to which such compromise or settlement may be made; to provide and to authorize the Governor and the Attorney-General to submit all such claims on behalf of the State to arbitration; and to provide for the disposition of any funds which may be realized when such compromises are settled and made, and all proceeds arising and inuring to the State by virtue of any arbitration or settlement that may be made under the provisions of this Act, and for other purposes. Section 1. Whereas, By the terms of an Act approved December 15, 1818, there was reserved to the State lots of land numbers ten (10) and one hundred (100) in each surveyor's district therein referred to for the education of the poor children of the State; and Preamble. Whereas, All of said lands have never been disposed of for said purpose, but the title to a large portion of the same still remains in the State, which lands are referred to specifically in the Code of 1895, volume 1, section 1018, together with eleven other species of land the title to which still remains in the State; and Whereas, Most, if not all, of said lands embraced in and belonging to the State, under and by virtue of the provisions of said Act

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of December 15, 1818, is in possession of and claimed by various persons adversely to the State, and have been so claimed by such persons in many instances for quite a long time; and Whereas, By reason of the State being delayed in reclaiming said property from such adverse claimants thereof, they have in many instances been induced to believe and to hope that the State would never reassert its right and title to said lands, and therefore induced in this way, in many instances, to make valuable improvements thereon, and to purchase the same from others who were in possession of such property, giving therefor much more than they otherwise would have done but for said delay on the part of the State in reclaiming and asserting its right and title thereto; and Whereas, Public policy, as well as the interest of all parties particularly affected thereby, requires and demands that the status of said lands and rights of the State and all parties at interest be settled and made certain, and the titles to same forever quieted; and Whereas, His Excellency, the Governor, realizing this necessity, and in compliance with his express duty under the law in such cases made and provided in section 126, volume 1, Code of 1895, did direct that the titles to all of said property be forever quieted and all disputed rights and possessions of adverse claimants be adjudicated and settled; and Whereas, Under said direction and for the purpose aforesaid, numerous suits have been instituted in behalf of the State against said adverse claimants to said property; and Whereas, For the State in all of said suits and claims to insist upon its full legal rights under the law, would, by reason of its long delay in asserting the same, result in great injury in some instances to such claimants; therefore, Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same. That in all cases in which a suit may be now pending or hereafter brought for the recovery of any property, real or personal, or damages to the same, claimed by the State of Georgia, under and by virtue of the Acts of December 15, 1818, and all Acts amendatory thereof, where any of said property may be held and claimed adversely to the State, the Governor of said State, acting with the advice and approval of the Attorney-General, shall have, and he is hereby authorized to make a compromise or settlement of any and all of such suits or matter in dispute or claim for damages on an equitable basis, without regard to the strict rules of

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law covering the points at issue, and all of such compromises or settlements so made shall be binding upon the State. Claims for and against the State, how settled. Sec. 2. Be it further enacted, That if no satisfactory compromise or settlement can be reached in accordance with the provisions of the foregoing section, the matter in dispute may be submitted to arbitration if the party defendant in any such suit, or party claiming adversely to the State, shall elect so to do. One arbitrator shall be named by the Governor or Attorney-General to act in behalf of the State; another shall be selected by the defendant or party claiming adversely to the State; and the two thus selected shall select the third arbitrator. Any male citizen of the State of Georgia shall be eligible to be selected as an arbitrator, and the selection of the same shall not be limited to the county in which the land in dispute is situated. The arbitrators shall have all rights and powers given to arbitrators by the Code of Georgia not in conflict with this Act. The arbitrators shall report, in writing, their findings, stating separately the matters of fact, and the legal conclusions upon which their decision is based; and said arbitrators are hereby authorized and directed to make their award upon a just and equitable basis without regard to strict rules of law applicable to the issues and questions that may be involved in such trial. Either party may file exceptions as to matters of law only, which exceptions shall be filed within twenty days from the time of the decision by the arbitrators, and which exceptions shall be tried and disposed of at the next term of the superior court after the filing of such exceptions. When the report of the arbitrators is filed they shall immediately give notice of the filing of the same to the attorneys representing each party. All costs of the arbitration shall be divided between the parties to arbitration. Arbitration. Sec. 3. Be it further enacted, That in all cases where suits are already pending it shall be the duty of the State's attorneys to prepare a notice to each defendant notifying him of his right to avail himself within thirty (30) days of the provisions of this Act, and such notice shall be served on the defendant by the sheriff of the county in which the suit is pending, or his deputy, and a return of such service shall be made by the officer on the original petition or on a copy of such notice. Upon such service of such notice being made, it shall be the privilege of the defendant to avail himself of the provisions of this Act by filing in the clerk's office of the court in which such suit is pending within thirty (30) days from the day of the service of the above mentioned notice (as shown by the officer's return of such service) a

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writing stating in substance that he elects to avail himself of the provisions of this Act; and in such written instrument he shall also name an arbitrator to act under the provisions of this Act in the event that no compromise shall be agreed upon. If any defendant does not elect in the manner and within the time herein prescribed, the pending suit shall proceed as if this Act had not been passed. Pending suits. Sec. 4. In all cases where no suit has been filed it shall be the duty of the attorneys representing the State to give notice to any party claiming adversely to the State of the State's intention to file suit, and if such party elects to avail himself of the provisions of this Act he shall do so by so notifying the State's attorneys in writing within thirty (30) days from the time of the notice aforesaid, which writing shall contain the name of the arbitrator selected by such person to act in his behalf in the event no compromise should be reached. Upon such party giving such notice, with the name of the arbitrator selected by him, then the provisions of this Act shall apply the same as if suit were pending. In the event the person so notified does not avail himself of the provisions of this Act within the time and in the manner herein prescribed, suit may be filed, tried and determined as if this Act had not been passed. Claims not sued. Sec. 5. Be it further enacted, That in such arbitration proceedings the arbitrators shall be at liberty to disregard the strict rules of law and to give consideration to such equitable rights or defenses as may be shown to exist in behalf of defendant in any such suit, or the party claiming adversely to the State where no suit is pending. Equitable rights. Sec. 6. Be it further enacted, That if by such compromise or settlement, or as result of such arbitration, the State is to relinquish or convey its title to the property in dispute to the person with whom such compromise or settlement is made, the Governor is hereby authorized to execute in the name of the State a proper conveyance or grant of the title of such property to be passed in pursuance of such compromise, or to execute a relinquishment, release or such other instrument as may be proper and lawful to fully carry into effect the terms of such compromise or settlement. Conveyances by the State. Sec. 7. Be it further enacted, That if by the terms of any compromise or settlement made under the provisions of this Act property, real or personal, should be surrendered to the State, then such property shall be disposed of under existing laws, if there is already provision made by law that would be applicable to such

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property thus surrendered by a compromise or settlement; and if there be no provision made by law for the disposition of such property, then the same shall be sold at public sale on such terms and in such manner as may be designated by the Governor. All moneys realized from such sales or compromises shall be applied as the law directs for the application of funds realized from the property which is the subject-matter of such compromise or settlement; and if such moneys be not already appropriated under existing laws, then the same shall be turned over to the State Treasurer and shall be used for educational purposes. Disposition of property recovered and of proceeds. Sec. 8. And whereas, the Governor, in the proper discharge of his duties respecting the State's interests, has made a valid contract with special attorneys to represent the State, touching the recovery of the lands in question and damages for trespasses alleged to have been committed thereon, Be it further enacted, That nothing herein contained shall affect the right of such special attorneys to their compensation as the same existed prior to the passage of this Act. Rights of special attorneys heretofore employed. Sec. 9. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. PROCURING MONEY ON CONTRACT FOR SERVICE. No. 345. An Act to make it illegal for any person to procure money, or other thing of value, on a contract to perform services with intent to defraud, and to fix the punishment therefor, and for other purposes. Section 1. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, That from and after the passage of this Act if any person shall contract with another to perform for him services of any kind with intent to procure money, or other thing of value thereby, and not to perform the service contracted for, to the loss and damage of the hirer; or after having so contracted, shall procure from the hirer money, or other thing of value, with intent not to perform such service, to the loss and damage of the hirer, he shall be deemed a common cheat and swindler, and upon conviction shall be punished as prescribed in section 1039 of the Code. Procuring money fraudulently on contract for service.

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Sec. 2. Be it further enacted, That satisfactory proof of the contract, the procuring thereon of money or other thing of value, the failure to perform the services so contracted for, or failure to return the money so advanced with interest thereon at the time said labor was to be performed, without good and sufficient cause and loss or damage to the hirer, shall be deemed presumptive evidence of the intent referred to in the preceding section. Intent to defraud. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Repealing clause. Approved August 15, 1903. TENANTS AND CROPPERS, EMPLOYMENT OF. No. 307. An Act to amend an Act entitled an Act to make it unlawful for any person to employ or contract with, as tenant or cropper, any person under contract with another; to provide certain penalties and defenses, and for other purposes, approved December 17, 1901. Section 1. Be it enacted by the General Assembly of Georgia, That the above recited Act be, and the same is, hereby amended as follows: The caption of said Act is amended by striking all the words of said caption after the word employ in the first line thereof and before the word to in the third line thereof, and inserting in lieu thereof the following: or to rent agricultural lands to or to furnish lands to be cropped by any person already under contract as employee or tenant of agricultural lands, or the cropper of another; so that said caption as amended shall read as follows: An Act to make it unlawful for any person to employ or to rent agricultural lands to, or to furnish lands to be cropped by any person already under contract as the employee, the tenant of agricultural lands or the cropper of another; to provide certain penalties and defenses, and for other purposes. Tenants and croppers, employment of. Sec. 2. Be it further enacted, Section 1 of said Act is amended by striking out all words after the word created in the fourth line of said section and before the word it in the sixth line of said section, and inserting in lieu thereof the following words, to wit: by written contract or by parol contract partly performed,

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made in the presence of one or more witnesses, so that said section, when amended, shall read as follows: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That when the relation of employer and employee, or of landlord and tenant of agricultural lands, or of landowner and cropper, has been created by written contract or by parol contract partly performed, made in the presence of one or more witnesses, it shall be unlawful for any person during the life of said contract, made and entered into in the manner above prescribed, to employ, or to rent lands to, or to furnish lands to be cropped by said employee, tenant or cropper, or to disturb in any way said relation, without first obtaining the written consent of said employer, landlord or landowner, as the case may be. Relation of landlord and tenant or cropper. Sec. 3. Be it, and it is hereby further enacted by the same authority, That all laws and parts of laws in conflict with this amending Act be, and the same are, hereby repealed. Repealing clause. Approved August 7, 1903. SALE OF GOODS IN BULK, REGULATION OF. No. 457. An Act to regulate the sale of stocks of goods, wares and merchandise in bulk, to provide certain penalties in connection therewith, and for other purposes. Section 1. It shall be the duty of every person who shall bargain for or purchase any stock of goods, wares or merchandise in bulk, for cash or credit, before paying or delivering to the vendor any part of the purchase price therefor, to demand and receive from the vendor thereof, and if the vendor be a corporation, then from the managing officer or agent thereof, a written statement under oath of the names and addresses of all the creditors of said vendor, together with the amount of indebtedness due or owing by said vendor to each of such creditors; and it shall be the duty of such vendor to furnish such statement. It shall further be the duty of said vendor to give to the vendee a statement of his assets and liabilities and the cost price of the merchandise to be sold, said cost price to be arrived at by an inventory taken at the time by the seller and purchaser. Merchandise, how sold in bulk.

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Sec. 2. Thereupon it shall be the duty of the purchaser, at least five (5) days before the completion of said purchase, or the payment therefor, to notify personally or by registered mail, each of said creditors, of the said proposed sale, the price to be paid therefor, and the terms and conditions thereof, together with a copy of the statement of the assets and liabilities as furnished him by the vendor. Purchaser, duty of. Sec. 3. Whenever any person shall purchase any stock of goods, wares or merchandise in bulk, and shall pay the price or any part thereof, or execute or deliver to the vendor thereof, or to his order, or to any person for his use, any promissory note or other evidence of indebtedness for said purchase price, or any part thereof, without having first demanded and received from said vendor the statement under oath, mentioned in section 1 of this Act, and without first giving to each of said creditors the notice provided for in section 2 hereof, such sale or transfer shall, as to any and all creditors of the vendor, be conclusively presumed to be fraudulent. Fraudulent sales. Sec. 4. Any vendor of a stock of goods, wares or merchandise in bulk, who shall knowingly or wilfully make or deliver, or cause to be made or delivered, any false statement or any statement of which any material portion is false, or shall fail to include the names of all his creditors in any such statement as is required in section 1 of this Act, shall be guilty of a misdemeanor, and upon conivction thereof shall be punished accordingly. Penalty for false statement. Sec. 5. Any sale or transfer of a stock of goods, wares or merchandise out of the usual or ordinary course of the business or trade of the vendor, or whenever thereby substantially the entire business or trade theretofore conducted by the vendor shall be sold or conveyed, or attempted to be sold or conveyed, to one or more persons, shall be deemed a fraudulent transaction or transfer in bulk in contemplation of this Act; provided, that nothing contained in this Act shall apply to sales by executors, administrators. receivers, or any public officer under judicial process. Fraudulent sales. Sec. 6. Be it further enacted, That all laws or parts of laws in conflict herewith are hereby repealed. Repealing clause. Approved August 17, 1903.

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SALE OF FERTILIZERS IN BULK, REGULATION OF. No. 344. An Act to provide for the registration, sale, inspection and analysis of fertilizer materials in bulk in the State of Georgia, and to repeal all laws and parts of laws in conflict therewith. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act it shall be lawful for manufacturers, jobbers, dealers, and manipulators of commercial fertilizers and fertilizer materials, to sell or offer for sale in the State of Georgia, acid phosphate or other fertilizer materials in bulk to persons, individuals or firms who desire to purchase the same for their own use on their own lands but not for sale. Fertilizers, sale of in bulk. Sec. 2. Be it further enacted, That the Commissioner of Agriculture of this State shall have the authority to establish such rules and regulations in regard to the registration, inspection, sale and analysis of acid phosphate or other fertilizer materials, in bulk, sold to persons, individuals or firms who desire to purchase and use the same as provided in section 1 of this Act as shall not be inconsistent with the provisions of this Act, and as in his judgment will best carry out the requirements thereof. Inspection of. Sec. 3. Be it further enacted, That the same inspection fees shall be paid by manufacturers, dealers, jobbers and manipulators who sell acid phosphate or other fertilizer materials in bulk, under the provisions of this bill as applies to such goods when placed in sacks, barrels or boxes under the general fertilizer laws of this State, and such inspection fees shall be transmitted to the Commissioner of Agriculture at the time notice of shipment of such acid phosphate or other fertilizer materials in bulk are made to the purchaser or purchasers provided for in this Act. Fees for inspection. Sec. 4. Be it further enacted, That it is hereby made the duty of the Commissioner of Agriculture to personally prosecute each and every offender under the provisions of this Act, and upon conviction such offenders shall be punished as prescribed in section 1039 of the Code of Georgia, and all fines arising therefrom shall be paid into and become a part of the general education fund of the State. Penalty for violating this Act. Sec. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 14, 1903.

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ILLUMINATING OILS, HOW TESTED. No. 453. An Act to provide for the testing and the mode of testing the illuminating qualities of illuminating oils sold in the State of Georgia; to provide penalty for violation of this Act, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That whenever complaint is made to the Department of Agriculture in regard to the illuminating qualities of illuminating oils sold in this State, it shall be the duty of the general inspector of oils to secure sample of such oil complained of, which shall be turned over to the State Chemist, who shall thoroughly analyze and test said oil with reference to its illuminating quality. If, after analyzing and testing said oil, the State Chemist shall decide that, although the oil be safe, it is yet of inferior illuminating quality, then the general inspector, on receipt of the State Chemist's report, shall brand such oil State of Georgia. Rejected. Quality inferior, with his name and date of inspection. The State Chemist is [Illegible Text] constituted the referee, whose decision shall be final in all cases of dispute regarding oils. Illuminating oils, how tested. Sec. 2. Be it further enacted by the authority aforesaid, That the same penalties applying to oils which fail to meet the flash test of the State of Georgia, shall also apply to oils of inferior illuminating quality. Penalties Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903.

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LIQUOR, SALE OF, ON SUNDAY IN MUNICIPALITIES. No. 363. An Act to authorize and empower the corporate authorities of each city in this State to pass ordinances prohibiting any person within the corporate or jurisdictional limits of said city from selling in any quantity, directly or indirectly, any spirituous, vinous, malt or other intoxicating liquors of any character from 12 o'clock Saturday night to 12 o'clock Sunday night, and to provide in such ordinances punishment for each and every such offense, 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 and may be lawful for the corporate authorities of each city in this State to pass ordinances prohibiting any person within the corporate or jurisdictional limits of such city from selling in any [Illegible Text] directly or indirectly, any spirituous, vinous, malt, or intoxicating liquors of any character, from 12 o'clock Saturday night to 12 o'clock Sunday night, and the corporate authorities of such city are further empowered in such ordinances to provide that any person or persons violating any of the provisions of such ordinances shall, on conviction thereof before the police court of such city, whether known as mayor's or recorder's court, or otherwise designated, be subject and liable, as punishment for each and every such offense, to a fine of not more than $300 and to imprisonment not exceeding three months, either or both, at the discretion of the officer presiding in such police or other municipal court; and to further provide in such ordinances, that the aforesaid penalties shall not affect the power of the mayor or corporate authorities of such city to revoke the license of any barroom or tippling house. Sale of liquor in municipalities on Sunday. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903.

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HOGS, RUNNING AT LARGE PROHIBITED. No. 375. An Act to prohibit hogs from running at large in those counties in this State which have not wholly or partly adopted the stock law, to provide a penalty therefor, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act it shall not be lawful for any person or persons to permit any hog or hogs to run at large beyond the limits of his own land, or of the land of which he is in control in those counties in this State which have not wholly or in part adopted the stock law as contained in section 1773, 1774, 1775 and 1776 of the Political Code of this State whenever the provisions of the second section of this Act have been complied with. Hogs, running at large, prohibited. Sec. 2. Be it further enacted by the authority aforesaid, That whenever as many as one hundred and fifty freeholders of any county not operating under the stock law wholly or in part shall petition the ordinary of such county for the benefit of the first section of this Act, said ordinary shall order an election as in cases of petition under section 1777 of the Code of 1895, volume 1, except that there shall be no counter petition entertained or accepted by said ordinary against such election; and said election shall be conducted in conformity with the provisions of said section 1777, and the qualifications of voters shall be the same as therein provided; and those who favor the adoption of this Act shall have written or printed on their ballots the words Against hogs at large, and those who are opposed thereto shall have written or printed on their ballots For hogs at large, and whenever such election shall result in the adoption of this Act the ordinary shall so announce, and the provisions of this Act shall not take effect in such county until after the [Illegible Text] of six months from such election. Election to prohibit. Sec. 3. Be it further enacted by the authority aforesaid, That if any hog shall commit any trespass or damage or be found at large on the premises of any other person other than the owner thereof, it shall be lawful for such owner of such land to impound such hog until such owner of such hog shall make such satisfaction for

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the damage committed by such hog, including cost and expenses. Hogs impounded. Sec. 4. Be it further enacted by the authority aforesaid, That in cases of impounding such hog, the person so impounding shall conform to all the requirements, as to care, feed and attention as contained in section 1775, volume 1, Code 1895. Care of. Sec. 5. Be it further enacted by the authority aforesaid, That the provisions of the Code as contained in section 1776, in so far as the same may be applicable, shall be, and are, hereby made applicable to the subject-matter of this Act. Sec. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903. BIRDS, PROTECTION OF. No. 346. An Act for the protection of birds and their nests and eggs, 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 January 1, 1904, it shall be unlawful for any person in the State of Georgia to kill, catch or have in his or her possession, living or dead, any wild bird other than a game bird in raw state, or to purchase, offer or expose for sale, transport or ship, within or without the State, other than stuffed, branched or mounted, any such wild bird after it has been killed or caught, except as permitted by this Act. No part of the plumage, skin or body of any bird protected by this section shall be sold or had in possession for sale. For the purposes of this Act the following only shall be considered game birds: Swans, geese, brant, river and sea ducks, rails, coots, mudhens and gallinules, shore birds, plovers, surf birds, snipe, woodcock, sandpipers, tattlers and curlews, wild turkeys, grouse, prairie chickens, pheasants, doves, partridges and quail. Birds, protection of. Sec. 2. It shall be unlawful for any person within the State of Georgia to take or needlessly destroy the nest or eggs of any wild non-game bird, or have such nest or eggs in his or her possession, except as permitted by this Act. Nests and eggs.

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Sec. 3. Sections 1, 2 and 8 of this Act shall not apply to any person holding a certificate giving the right to take birds, their nests or eggs, for scientific purposes, as provided for in section 4 of this Act. For scientific purposes. Sec. 4. Certificates may be granted by the Commissioner of Agriculture to any properly accredited person of the age of fifteen years or upward, permitting the holder thereof to collect birds, their nests or eggs, for strictly scientific purposes only. In order to obtain such certificate the applicant for the same must present to the person or persons having the authority to grant said certificate written testimonials from two well-known scientific men, certifying to the good character and fitness of said applicant to be entrusted with such privilege; must pay the said persons or officers one dollar to defray the necessary expenses attending the granting of such certificate; and must file with said persons or officers a properly executed bond in the sum of two hundred dollars, signed by two responsible citizens of the State, or an incorporated surety company as sureties. On proof that the holder of such certificate has killed any bird, or taken the nest or eggs of any bird, for other than scientific purposes, his bond shall be forfeited to the State and the certificate become void, and he shall be further subject for each offense to the penalties provided therefor in section 9 of this Act. License to collect for scientific purposes. Sec. 5. The certificates authorized by this Act shall be in force one year only from the date of issue and shall not be transferable. Terms of license Sec. 6. The English or European house sparrow, great horned owl, sharp-shinned hawk, commonly known as the little blue darter or blue tail, cooper's hawk, known as the big blue darter or blue tail, crow, lark, crow-blackbird, jackdaw and rice bird are not included among the birds protected by this Act. Exceptions. Sec. 7. Nothing in this Act shall prevent the keeping of any wild non-game bird in a cage as a domestic pet; provided, that such bird shall not be sold or exchanged, or offered for sale or exchange, or transported out of the State. Domestic pets. Sec. 8. Be it further enacted by the authority aforesaid, That the judges of the superior courts of the several counties of this State are authorized to appoint one or more wardens whose duties it shall be to enforce the provisions of this Act, and who shall have the same power to make arrests for violations of this Act as the sheriffs of this State; and that the compensation of such wardens shall be one half of the fines and forfeitures imposed by the court and paid by the violators, the other half to be paid to the school fund of the county in which the arrests are made. The judges of

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the superior court shall give the provisions of this Act in special charge to the grand jury at each regular term of the court. Wardens. Charges to grand juries. Sec. 9. Any person violating any of the provisions of this Act shall be guilty of a misdemeanor, and shall, upon conviction, be fined five dollars for each bird, living or dead, or part of bird, nest or set of eggs or part thereof, possessed in violation of this Act, or shall be imprisoned not less than five nor more than thirty days for each offense; or shall be subject to both such fine and imprisonment at the discretion of the court. Penalties. Sec. 10. All Acts or parts of Acts inconsistent with the provisions of this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903. GAME AND FISH, PROTECTION OF. No. 447. An Act to revise and consolidate the laws now of force in this State for the protection of game and fish; to provide for the appointment of game wardens and deputy game wardens in each county in this State; to define their duties and provide for their compensation, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That it shall not be lawful for any person to shoot, trap, kill, ensnare, net or destroy, in any manner, any wild turkey, pheasant, partridge or quail between the fifteenth day of March and the first day of November in each year; or kill, shoot, trap, ensnare, net or in any manner destroy any dove, marsh-hen or snipe between the fifteenth day of March and the fifteenth day of July in each year; or to shoot, trap, kill or ensnare or in any manner destroy any summer or wood-duck, or woodcock, between the first day of February and the first day of September in each year; or to remove from the nests or in any manner destroy the eggs of any of the birds protected by this Act during the period they are protected, except as is hereinafter provided. It shall not be lawful for any person to hunt, kill, shoot, wound, ensnare or in any manner destrov or capture any wild deer or fawn between the first day of January and the first day of September in each year; or to sell or offer for sale or have in possession during the closed season any bird or

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animal, or any part of either, whether alive or dead, that are protected by this Act, during the period they are so protected. Game, protection of. Sec. 2. Be it further enacted, That it shall be unlawful for any person to shoot, kill, ensnare or trap, whether over baited grounds or not, more than forty doves in any one day. Doves. Sec. 3. Be it further enacted by the authority aforesaid, That it shall be unlawful for any person, except on his own lands, to trap, net, kill or in any manner take, for the purpose of selling the same, any wild turkey, quail, dove or deer; provided, that any person desirous to trap, net, kill or take, for the purpose of selling the same, during the hunting season, any game mentioned in this section shall, before doing so, pay to the treasurer of the county in which he desires to operate the sum of twenty-five dollars; and upon exhibiting to the ordinary of said county the treasurer's receipt for the prescribed sum, such person shall have issued to him, by the ordinary, a license authorizing him to kill, net, trap or take such game in said county with permission to sell the same; said license to be good during the hunting season of the year in which it is issued and no longer. Such person, at the time of obtaining said license, shall register his name and place of residence, together with a general description of himself, in a book to be provided and kept by the ordinary for the purpose. A license shall be procured and registration made in each county in which such person proposes to carry on said business. Catching or killing to sell. License therefor Sec. 4. Be it further enacted by the authority aforesaid, That it shall not be lawful for any person, firm or corporation to export, ship or carry, or cause to be exported, shipped or carried, beyond the limits of this State any partridge or quail at any season of the year. It shall not be lawful for any person at any season of the year to net or trap partridges or quail, except on his or her premises during the hunting season. Exporting, netting or trapping prohibited. Sec. 5. Be it further enacted by the authority aforesaid, That it shall not be lawful for any person to put walnut leaves, walnut hulls, devil's shoestring or any poisonous substance whatever in any of the waters or running streams of this State, such as lakes, ponds, eddy places in river or creek, which will be likely to drive away or poison the fish in said waters. Fish, poisoning of, prohibited. Sec. 6. Be it further enacted by the authority aforesaid, That it shall not be lawful for any person to catch or take any fish with any seine, net or like device from any of the waters of this State, between the first day of June and the first day of September in each year; provided, that the provisions of this section shall not

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be construed to forbid the catching of fish by means of cast nets or with hook and line. Fish. Sec. 7. Be it further enacted by the authority aforesaid, That the catching of sturgeon in the waters of this State with seine or other device, is absolutely prohibited for a period of four years from the date of approval of this Act. Sturgeons. Sec. 8. Be it further enacted by the authority aforesaid, That the use of dynamite or of any other explosive and destructive substance for the purpose of killing fish is hereby prohibited. Explosives. Sec. 9. Be it further enacted by the authority aforesaid, That any person or association of persons violating the provisions of this Act shall be deemed guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 1039 of the Code of 1895. That in all cases of arrests made for the violation of any of the provisions of this Act, the possession of game or fish, or of the eggs of birds protected by this Act, shall be deemed and held to be prima facie evidence of the violation of the provisions of this Act. Penalties. Sec. 10. Be it enacted by the authority aforesaid, That whenever fifty freeholders of any county shall, by petition, so request, the judge of the superior court shall appoint by order upon the minutes of the court some citizen of said county who is a qualified voter thereof as game warden for said county, which appointment shall be for two years or until his successor is appointed and qualified. Said warden shall qualify by subscribing before some officer authorized to administer oaths an oath as follows: I , do swear that I will faithfully and diligently discharge the duties of game warden for the county of : so help me God, which oath shall be filed in the clerk's office of said county. Said warden may be removed from office at any time by the said judge upon complaint being made and satisfactory proof submitted of failure to discharge his official duties. Said warden shall appoint in each militia district in the county for which he is warden a deputy warden, who shall be a qualified voter thereof and who shall qualify in the same manner as the game warden. The oath of the office of warden and deputy shall be filed in the clerk's office of said county. Said deputy shall be appointed for two years, but may be removed at any time by said warden. Said deputy warden shall be charged generally with the duty of enforcing the laws for the protection of game birds or animals, and such other birds as are protected by the laws of this State, and also the laws for the protection of fish. They are empowered to make arrests of all persons found in the act of violating said laws, and to exercise the

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same ministerial duties as sheriffs in the arrest of all persons charged by one with the violation of said law. Said warden and deputies shall receive the same costs and fees as sheriffs of this State for similar services in the arrest and trial of persons convicted under the provisions of this Act, and in addition thereto one half of all fines imposed in such cases when paid by the defendant; provided, the warden shall satisfy the judge trying the same that the detection or conviction in such cases is principally the result of official diligence on his part. All vacancies in the office of warden shall be filled by the judge of the superior court as provided in this Act, and vacancies for deputy warden by said warden. Game wardens, how appointed. Oath. Deputy wardens. Duties and powers. Fees. Sec. 11. Be it further enacted by the authority aforesaid, That the judges of the superior courts of this State be, and they are, hereby required to give the provisions of this Act in special charge to the grand jury at each regular term of said courts. Charges to grand juries. Sec. 12. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. ROAD LAWS, COMMUTATION TAX. No. 276. An Act to amend an Act entitled an Act to amend an Act approved October 21, 1891, entitled an Act to give the commissioners of roads and revenues, or the ordinary or the county judges, as the case may be, of each county the power and authority to lay out, open, change or discontinue the public roads, and to work and have worked the same, to provide for levying a tax for road purposes, to prescribe who shall be subject to road duty, approved December 24, 1896, 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 2 of the above recited Act be, and the same is, hereby amended by striking all of said section after the word the in the sixth line and inserting in lieu thereof the following: overseer the sum of three dollars at the time notice is given to work on said road, and said overseer shall recepit such person for said commutation tax and shall apply the same to use of the road where

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the person was warned to work, so that said section, when amended, will read as follows: That each male inhabitant of such county between the ages of twenty-one years and fifty years, who is not physically or mentally disabled, shall be subject to road duty four days for eight full hours in each day in each year, and no more; provided any such person may be exempt from road duty by paying to the overseer the sum of three dollars at the time notice is given to work on said road, and said overseer shall receipt such person for said commutation tax and shall apply the same to the use of the road where the person was warned to work. Men subject to road duty or commutation tax. Sec. 2. Be it further enacted by the authority aforesaid, That section 3 be, and it is, hereby amended by striking out all of same after the word district in the tenth line thereof, so that said section, when amended, will read as follows: That it shall be the duty of the board of commissioners or other taxing authorities of such county to levy a tax of not less than ten nor more than twenty-five cents on each one hundred ($100) dollars of taxable property in such county, which shall be collected where and as the general tax is collected; and when the same is collected the said board shall apportion the same to the different districts of said county in proportion to the amount of taxable property of each, to be applied as hereinafter provided to the improvement of the public roads of each district. Road tax. Sec. 3. Be it further enacted by the authority aforesaid, That section 4 be amended by striking therefrom the words and commutation money in the sixth line, so that said section, when amended, will read as follows: That it shall be the duty of the authority of such county having charge of the appointment of district road commissioners under existing laws to appoint three discreet and suitable persons as district road commissioners, whose duty, in addition to that imposed by the Code of 1882, shall be to apply the ad valorem tax apportioned to their districts to the improvement of the roads of their respective districts in such manner as to them may seem expedient and best for the improvement of the public highways, and to this end they may employ overseers, labor, wagons and teams, and purchase material of every kind, tools and implements. The said commissioners are authorized to use their discretion in the manner of working and improving the roads of their respective districts, but shall make no contracts and incur no liability beyond their ability to pay with funds raised for the year in which the liability is incurred. They shall keep a book of minutes showing all their acts, and a book

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of warrants in which shall be copied by them all the warrants they may draw on the county treasurer. Apportionment of road tax. Sec. 4. Be it further enacted, That section 5 of said Act be, and the same is, hereby amended by striking from the third line thereof the figures and words 31st day of March, and insert in lieu thereof the following: 1st day of January, so that said section, when amended, will read as follows: That it shall be the duty of the district commissioners aforesaid, as soon as practicable after the 1st day of January of each year, to apportion the persons subject to road duty residing in their respective districts upon the different roads thereof, to appoint overseers and cause the work for the time required of the road hands, under the provisions of this Act, to be done in the manner indicated by and subject to all the provisions of the road law of this State as it appears in the Code of 1882, which is hereby declared of force, except as changed by this Act; and such commissioners, so far as possible, shall work the roads of their respective districts at such time as will least interfere with the agricultural pursuits of the people. Road hands, how apportioned, and work, how done. Sec. 5. Be it further enacted by the authority aforesaid, That section 6 of said Act be, and it is, hereby amended by adding after the word commissioners in the fourth line the word overseer, and adding after the word commissioner in the fifth line the words or overseer, so that said section, when so amended, will read as follows: That for any failure to perform any duty by this Act imposed on them, or for making any fraudulent disposition of the funds hereby provided, or for any of the commissioners or overseers to be interested directly or indirectly in any contract authorized to be made under this Act, the commissioner or over seer so offending shall be guilty of and punished as for a misdemeanor. Commissioners and overseers, liability of. Sec. 6. Be it further enacted, That all laws militating against this Act be, and the same are, hereby repealed. Repealin clause Approved August 3, 1903.

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ROAD LAWS AND COMMUTATION TAX. No. 321. An Act to fix the number of days' work required of each person subject to road duty in counties in this State having an organized chain-gang, and having a city of not less than seventeen thousand inhabitants nor more than twenty-three thousand inhabitants according to the census of the United States; to fix a commutation tax in lieu of such work, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That in all counties in this State having an organized chain-gang and having a city of not less than seventeen thousand inhabitants nor more than twenty-three thousand inhabitants according to the census of the United States, the time of work required of each person subject to road duty shall not exceed four days in each year; and each person so subject to road duty shall have the privilege of paying to the proper county authority having in charge the working of the public roads in such counties the sum of two dollars at such time as may be fixed by such authority, and be fully discharged of such road duty for the year of such payment. Road duty and commutation tax in certain counties. Sec. 2. Be it further enacted, That no person subject to road duty in such counties shall be required to work the public roads without the limits of the militia district in which he resides. Road hands, where required to work. Sec. 3. Be it further enacted, That no person under twenty-one years of age nor over fifty years of age shall be subject to road duty in such counties. Age limits. Sec. 4. Be it further enacted, That the fund so raised from the commutation tax hereinafter provided shall be expended as provided by existing law. Commutation tax. Sec. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Repealing clause. Approved August 12, 1903.

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ADJUTANT-GENERAL, QUALIFICATIONS OF. No. 370. An Act to amend section 6 of an Act approved December 17, 1902, to reorganize the military forces of this State; to adopt and make of force a military code, and to provide penalties for the violation thereof; to repeal all laws referring to the military forces not herein reenacted, and for other purposes, so as to provide that no person shall be appointed to the office of adjutant-general who has not held a commission in either the Confederate States army or navy, or in the Georgia State troops, or in the United States army or navy, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act section 6 of an Act to reorganize the military forces of this State, and for other purposes, approved December 17, 1902, be amended by striking out in the ninth and tenth lines of said section the words been actively engaged in the military service of the State of Georgia at least five years prior to his appointment, and inserting in lieu thereof the words held a commission in either the Confederate States army or navy, in the Georgia State troops, or in the United States army or navy, so that said section of said Act, so amended, shall read as follows: 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 held a commission in either the Confederate States army or navy, in the Georgia State troops or in the United States army or navy. (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 required, each with the rank of colonel. (8) Not less than four aides-de-camp with the rank of lieutenant-colonel, and

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in his discretion as many more as he may deem proper, not to exceed twenty-eight (28), and as a prerequisite to appointment to his position such aides-de-camp shall have held a commission in either the Confederate 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 commission 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. Military staff of commander-in-chief of military forces. Sec. 2. Be it further enacted, That the appointee to the office of adjutant-general, as a condition precedent to receiving his commission from the Governor and before assuming the duties insident to his office, shall stand and pass such examination as the regular field officers' board of examiners may prescribe, which examination shall not be waived. Adjutant general examination of. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. CONFEDERATE MEMORIAL BOARD OF GEORGIA CREATED. No. 360. An Act to create the Confederate Memorial Board of Georgia, to provide for the appointment of the members thereof, to prescribe their duties, and for other purposes. Section 1. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, That it shall be the duty of the Governor to appoint five persons who shall constitute the Confederate Memorial Board of Georgia and be clothed with the powers and charged with the duties herein conferred. The members of said board first appointed shall serve for terms of one, two, three, four and five years, respectively, and all the terms after the first appointment shall be for five years. All vacancies shall be filled by appointment for the unexpired term. The members shall serve without compensation, except that all expenses incurred in the performance of their duties shall be paid upon itemized bills approved by the chairman of the board, or three members thereof. Confederate Memorial Board of Georgia.

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Sec. 2. Be it further enacted by authority of same, That said board may accept deeds conveying title to the State in Confederate cemeteries, or in such parts of cemeteries wherein Confederate soldiers are buried, and may also accept all gifts and bequests that may be made to said board or to the State for the care and protection of said cemeteries, or any of them. Gifts in and for cemeteries. Sec. 3. Be it further enacted by authority of same, That it shall be the duty of said board to have suitably marked with marble, granite or metal headboards all graves of soldiers in said cemeteries, and properly care for same in every particular. Graves of soldiers, care of. Sec. 4. Be it further enacted by authority aforesaid, That said board shall, as soon as practicable after the passage of this Act, make an investigation of all the cemeteries mentioned in section 2, and make a report of their findings to the Governor not later than May 31, 1904, which report shall be submitted to this General Assembly at its next session. Said report shall contain the location of such cemeteries, the present condition of each, the number of soldiers buried therein, the probable cost of suitably marking such graves as may not have durable headstones, the condition of the enclosures around the cemeteries and the probable cost of all needed enclosures, and all other information that the board may deem it advisable to report, looking to placing such cemeteries in good condition and keeping them in that condition. Report of board. Sec. 5. Be it further enacted by the authority aforesaid, That in order that the said board may carry out the provisions of the preceding sections, the Governor is authorized to pay the expenses incurred by the board in securing such information, to the amount of two hundred and fifty dollars, out of the contingent fund. Expenses of board. Sec. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903.

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

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TITLE I. CITY AND COUNTY COURTS. ACTS. City Court of Americus, Act creating amended. City Court of Bainbridge, Act creating amended. City Court of Barnesville, Act creating amended. City Court of Baxley, Act creating amended. City Court of Brunswick, Act creating amended. City Court of Clarkesville, Act creating repealed. City Court of Dawson, Act creating amended. City Court of Early county, Act creating amended. City Court of Early county, Act creating amended. City Court of Forsyth abolished. City Court of Greenville, Act creating amended. City Court of Hall county, Act creating amended. City Court of Hamilton, Act creating made operative. City Court of Hamilton, Act creating amended. City Court of Jefferson abolished. City Court of Jefferson established. City Court of LaGrange, judge and solicitor, election o. City Court of Moultrie, Act creating amended. City Court of Mount Vernon, Act creating repealed. City Court of Savannah, powers of enlarged. City Court of Statesboro created. City Court of Swainsboro, Act creating amended. City Court of Sylvania, Act creating amended. City Court of Washington, Act creating amended. City Court of Waycross, Act creating amended. City Court of Waynesboro established. County Court of Bulloch abolished. County Court of Macon, clerk of. County Court of Oconee, solicitor, fees of.

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CITY COURT OF AMERICUS, ACT CREATING AMENDED. No. 302. An Act to amend an Act entitled an Act to establish the city court of Americus, to be located and held in the city of Americus, Georgia, in and for the county of Sumter, and the Act approved November 4, 1901, amendatory thereof; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; and to define their powers and duties, and for other purposes, approved November 22, 1900, so as to provide that defendants in criminal cases in said city court shall not have the right to indictment by the grand jury of said county, and to regulate the mode of trials of defendants in criminal cases in said court, to change and prescribe the time for holding the terms of said court, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act entitled, an Act to establish the city court of Americus, to be located and held in the city of Americus, Georgia, in and for the county of Sumter, to define its jurisdiction and powers, to provide for the appointment of a judge and other officers thereof, and to define their powers and duties, and for other purposes, approved November 22, 1900, be, and the same is, hereby amended by striking out all of that portion of section 30 of said Act beginning with the word before in the thirteenth (13) line of said section down to and including the word court in the thirtieth (30) line of said section, the said portion of said section hereby stricken being in terms and words as follows, to wit: Before the arraignment of the defendant the judge shall inquire of him whether he demands an indictment, and the response of the defendant shall be indorsed on said accusation and signed by the prosecuting officer in said court. If the defendant demands indictment or stands mute, the judge of said court shall, in the event of the inability of the defendant to furnish proper bail, which shall be required for his appearance to answer such indictment as may be found against him, conformable to the general law of bail in criminal cases, commit said defendant to the common jail in said county to await the

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action of the grand jury in such case. In the event a true bill is found or special presentment is made in such case, and returned to said city court of Americus, all subsequent proceedings shall be in conformity with the laws regulating the trials of misdemeanors in the superior court. If the defendant waives indictment the judge of said court shall inquire of him whether he demands a trial by jury, and the response of the defendant shall be indorsed on said accusation and signed by the prosecuring officer of said court. Said section 30 is hereby further amended by striking from said section the words or stands mute in the thirtieth (30) and thirty-first (31) lines of said section, between the word jury in said thirtieth (30) line and the word the in said thirty-first (31) line. Said section 30 is hereby further amended by striking out the word if in the thirty-eighth (38) line of said section, between the word court and the word the in said thirty-eighth (38) line, and inserting in lieu thereof the word unless; and by striking out of the thirty-ninth (39) line of said section the word waives, being the first word in said thirty-ninth (39) line, between the word defendant in the thirty-eighth (38) line of said section and the word trial in said thirty-ninth (39) line, and inserting in lieu thereof the word demands. Said section 30 is hereby further amended by striking out the word then between the word jury and the word the in said thirty-ninth (39) line; so that said section 30 of said Act, as hereby amended, shall read as follows, to wit: Section 30. Be it further enacted, That the defendants in criminal cases in said city court of Americus may be tried on written accusation, setting forth plainly the offense charged, founded on affidavit made by the prosecutor; said affidavit to be made before any officer authorized to issue warrants, and such accusation shall be signed by the solicitor of said court and have indorsed thereon the name of such prosecutor. Upon such affidavit and accusation being made and signed and filed in the clerk's office of said court, it shall be the duty of the judge of said court to issue a warrant for the arrest and apprehension of the defendant, directed to the sheriff of said city court of Americus or his deputies, and to all and singular the sheriffs and constables of said State. If the defendant demands a trial by jury the judge of said court shall proceed with said case, if at a regular term of said court, according to the rules and laws of the superior courts applicable to the trial of misdemeanors. If the defendant demands a trial by jury and the said court is not sitting at regular term, the judge shall

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admit the defendant to bail to appear at the next regular term, or on the defendant's failure to give bond, shall commit him to jail until the next regular term of said court. Unless the defendant demands trial by jury the said judge shall proceed to hear and determine such criminal cases, conformably to the law governing the superior court as the same may be applicable; provided always, that a reasonable time may be granted the State or the defendant to procure witnesses. City Court of Americus, Act creating amended. Criminal cases in, how tried. Sec. 2. Be it further enacted by the authority aforesaid, That in all criminal cases within the jurisdiction of the said city court of Americus the defendant shall not have the right to demand an indictment by the grand jury of the county of Sumter. Sec. 3. Be it further enacted by the authority aforesaid, That said Act be, and the same is, hereby further amended by striking out all of that portion of section 11 of said Act, beginning with the word that in the first (1) line of said section 11 down to and including the word November in the third (3) line of said section, the said portion of said section hereby stricken out being in terms and words as follows, to wit: That the terms of said city court shall be held quarterly, on the first Mondays in February, May, August and November, and inserting in lieu thereof the following: That from after the first day of January, 1904, the terms of said city court shall be held quarterly, on the first Monday in January, and the third Mondays in March, June and September of each year, so that said section 11 of said Act, as hereby amended, shall read as follows, to wit: Section 11. Be it further enacted, That from and after the first day of January, 1904, the terms of said city court shall be held quarterly, on the first Monday in January and the third Monday in March, June and September of each year. That the first term to which any suit is brought shall be appearance term, provided that in all suits brought in said city court judgment may be entered by default at the first term to which said cause is returnable, unless a plea of defense is filed under the terms governing the filing of pleas in the superior court on the call of the appearance docket. Terms. Sec. 4. Be it further enacted by the authority aforesaid, That said Act be, and the same is, hereby further amended by striking out all of that portion of section 4 of said Act after the word thereafter, which occurs in the tenth line of said section 4 of said Act, and inserting in lieu of that portion which is so stricken out the following: The judge of the city court of Americus, Georgia, shall receive a salary of $1,500 per

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annum, which shall not be increased or diminished during his term of office except to apply to subsequent terms, and which salary shall be paid monthly out of the treasury of the county of Sumter by the person or persons charged by law with the paying out of the moneys of the county of Sumter; the provisions of this amendment not to take effect and apply to the judges' salaries of this city court until after the expiration of the term of the present judge of said city court, so that said section 4, when so amended, shall read as follows: Section 4. Be it further enacted by the authority aforesaid, That there shall be a judge of said city court of Americus, who shall be appointed by the Governor, by and with the consent of the Senate, whose term of office shall be for four years, and all vacancies in the office of judge shall be filled by appointment of the Governor for the residue and unexpired term, and such appointment being subject to the approval of the Senate which may then be in session, or if the Senate be not in session at the time of such appointment, then subject to approval of the Senate at its next session thereafter. The judge of the city court of Americus, Georgia, shall receive a salary of $1,500 per annum, which shall not be increased or diminished during his term of office, except to apply to subsequent terms, and which salary shall be paid monthly out of the treasury of the county of Sumter by the person or persons charged by law with the paying out of the moneys of the county of Sumter; the provisions of this amendment not to take effect and apply to the judges' salaries of this city court until after the expiration of the term of the present judge of said city court. Judge, salary of. Sec. 5. Be it further enacted by the authority aforesaid, That the said Act be, and same is, hereby further amended by striking out the whole of section 43 of said Act, approved November 20, 1900, creating a city court of Americus, Georgia, and inserting in lieu of said section 43 so stricken as follows: Section 43. Be it further enacted by the authority aforesaid, That after the expiration of the term of the present incumbent the judge of said city court shall not have the right to practice in any of the courts of this State whatever. Judge can not practice law. Sec. 6. Be it further enacted by the authority aforesaid, That an Act amending an Act creating a city court of Americus, which amending Act was approved November 4, 1901, be, and the same is, hereby amended by striking out the whole of section 2 of said amending Act after the word eighteen in the seventh line of said section 2, and inserting in lieu of said part of said section so stricken as follows: And

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in every civil case each party at issue shall be entitled to three peremptory challenges, and in every criminal case tried in said court the State shall be entitled to two peremptory challenges and the defendant shall be entitled to four peremptory challenges, and all laws and rules, both civil and criminal, regulating the selection of jurors of the superior courts shall apply to said city court, except where they are inconsistent with the terms of this Act. In the event the said panel of jurors should be less than eighteen the judge of the city court shall have the power to fill it by causing talesmen to be summoned instanter, so that said section 2 of said amending Act, when so amended, shall read as follows: Section 2. Be it further enacted by the authority aforesaid, That all of section 2 of said Act establishing the city court of Americus be stricken out, and the following be, and the same is, hereby substituted in lieu thereof, to wit: That all cases and issues to be tried by a jury, civil or criminal, at each term of the said city court, shall be tried by a jury of twelve selected from said panel of eighteen; and in every civil case each party at issue shall be entitled to three peremptory challenges, and in every criminal case tried in said court the State shall be entitled to two peremptory challenges, and the defendant shall be entitled to four peremptory challenges, and all laws and rules, both civil and criminal, regulating the selection of jurors in the superior courts shall apply to said city court, except where they are inconsistent with the terms of this Act. In the event the said panel of jurors should be less than eighteen, the judge of the city court shall have the power to fill it by causing talesmen to be summoned instanter. Juries. 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. Repealing clause. Approved August 6, 1903.

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CITY COURT OF BAINBRIDGE, ACT CREATING AMENDED. No. 231. An Act to amend an Act entitled an Act of the General Assembly of the State of Georgia, establishing the city court of Bainbridge, in the city of Bainbridge, in and for the county of Decatur, to define its jurisdiction and powers, to provide for the appointment of a judge and other officers thereof, and to define the powers of the judge and other officers thereof, and for other purposes, approved November 27, 1900, so as to provide that the judge and solicitor of said court shall be elected by the legally qualified voters of the county instead of being appointed by the Governor, by and with the advice and consent of the Senate. 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 and section 7 of an Act to establish the city court of Bainbridge, in the city of Bainbridge, in and for the county of Decatur, to define its jurisdiction and powers, to provide for the appointment of a judge and other officers thereof, to define the powers of the judge and other officers thereof, and for other purposes, said Act being approved November 27, 1900, be, and the same is, hereby amended by striking out and repealing that portion of section No. 4 of said Act which reads as follows. That there shall be a judge of said city court of Bainbridge who shall be appointed by the Governor, by and with the advice and consent of the Senate, and add to such section in lieu of the words stricken therefrom the following words, to wit: That there shall be a judge of the said city court of Bainbridge who shall be elected by the legally qualified voters of the county of Decatur, said election to be held at the same time and place and under the same rules and regulations applying to the election of representatives in the General Assembly from the county of Decatur, so that said section, when amended, shall read as follows: Be it further enacted that there shall be a judge of the city court of Bainbridge who shall be elected by the legally qualified voters of the county of Decatur at an election to be held at the same time and

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place and under the same rules and regulations applying to the election of representatives in the General Assembly from the county of Decatur, whose term of office shall be for four years, and until his successor is elected and qualified, or appointed and qualified as provided by law; and all vacancies in said office shall be by appointment of the Governor for that portion of the term remaining unexpired up to and until the next general election, in course, for members of the next General Assembly from the county of Decatur, at which time an election shall be held to fill the vacancy in said office, such appointment being subject to the approval of the Senate which may then be in session; or if the Senate be not in session at the time of such appointment, or shall fail to act, then subject to the approval of the Senate at any session thereafter, provided that the judge first appointed under this Act shall, if the Senate be not in session, or shall fail to act, hold and fill the office subject to the approval of the Senate at any session thereafter. The judge of said city court of Bainbridge shall receive a salary of $1,200 per annum, which shall not be increased or diminished during his term of office, and shall be paid monthly out of the treasury of Decatur county. City Court of Bainbridge, Act creating amended. Judge, election and salary. Sec. 2. Be it further enacted, That section 7 of said Act to establish the city court of Bainbridge in the city of Bainbridge, approved November 27, 1900, be, and the same is, hereby repealed, and that in lieu thereof the following section be enacted: Section 7. Be it further enacted, That there shall be a solicitor of the said city court of Bainbridge who shall be elected by the legally qualified voters of the county of Decatur at the same time and place and under the same rules and regulations as are provided for the election of the judge of the said city court, and that the term of said solicitor shall be for four years, and all vacancies in said office shall be filled in the same manner as vacancies in the office of the judge of said court. Solicitor. Sec. 3. Be it further enacted, That the first election to be held for judge and solicitor of said city court of Bainbridge, shall be held in the year 1904 at the time and in the manner as provided in section 1 of this Act, and the officers thus elected shall enter upon the discharge of the duties of their respective offices upon the 27th day of November, in the year 1904. First election. Sec. 4. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved July 27, 1903.

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CITY COURT OF BARNESVILLE, ACT CREATING AMENDED. No. 300. An Act to amend the Act approved December 16, 1899, entitled an Act to establish the city court of Barnesville, in the city of Barnesville, Pike county, to define its jurisdiction and powers, to regulate proceedings therein, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the above described and recited Act establishing the city court of Barnesville, approved December 16, 1899, be and the same is, hereby amended by inserting the words Georgia militia after the word district in the last line of section 1 of said Act, so that said section 1 of said Act, as hereby amended, shall read as follows, to wit: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the city court of Barnesville be, and the same is, hereby established, to be organized, located and held in the city of Barnesville, in Pike county, Georgia, with jurisdiction, civil and criminal, in and over said city of Barnesville and all that portion of said Pike county lying in the 533d district, Georgia militia, of said county. City court of Barnesville, Act creating amended. Territorial jurisdiction. Sec. 2. Be it further enacted, That the above described Act be, and the same is, hereby further amended by adding or inserting the following section between sections 12 and 13 of said original Act to be known as section 12a, to wit: Section 12a. Be it further enacted, That the sheriff of said city court and his deputies are hereby authorized and empowered to serve or execute any and all summonses, executions, warrants or other papers or processes issued from the justice court of the said 533d district, Georgia militia, of said county (either that presided over by the justice of the peace or the notary public and ex officio justice of the peace of said district), as same may now be served or executed by the lawful constables of said district, and also to serve and execute any and all other summonses, processes, warrants, executions or other papers which the constables of said district are authorized to serve or execute, and for such services said sheriff or his deputies shall receive the same fees as are allowed constables by law. Sheriff and deputies.

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Sec. 3. Be it further enacted, That the above described Act be, and the same is, hereby further amended by striking out all of section 39 thereof, and substituting or inserting the following in lieu thereof, to be also known as section 39, to wit: Section 39. Be it further enacted, That whenever the judge of said city court is from any cause disqualified from presiding in said court, in such event the judge of the superior court of said county of Pike or the judge of any city court established under the Constitution or laws of the State, or by any Act of the General Assembly, is hereby authorized and empowered to preside in said court for the trial of both civil and criminal cases therein, and while so presiding he shall exercise all the powers and functions of the regular judge of said city court; and in civil cases, if the services of a superior or of a city court judge can not be secured to preside in the place of the judge of said court when disqualified as aforesaid, then upon the consent of the parties, or upon their failure or refusal to agree, such case shall be tried by a judge pro hac vice, selected in the same manner as now provided for in the superior courts; and in case of the absence of the judge of said city court at any term thereof from sickness or any other cause, the sheriff or the clerk of said court may adjourn the court to such time as the judge may in writing direct, or if no direction be given, the court shall be adjourned until the next regular term. Judge, disqualified. Adjournments. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 6, 1903. CITY COURT OF BAXLEY, ACT CREATING AMENDED. No. 448. An Act to amend an Act, approved December 1, 1897, and all Acts amendatory thereof, establishing the city court of Baxley, in Appling county, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the above cited Act, approved December 1, 1897, and all Acts amendatory thereof, establishing the city court of Baxley,

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in Appling county, be amended as follows: The sheriff of said city court shall receive the same fees in all suits where the principal sum is one hundred ($100) dollars or less that the sheriff of the superior court of said county receives for like service, provided, that the provisions of this Act shall not apply to defendants who reside in the Baxley district. City court of Baxley, fees of sheriff. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. CITY COURT OF BRUNSWICK, ACT CREATING AMENDED. No. 318. An Act to amend an Act entitled an Act to establish the city court of Brunswick, in and for the county of Glynn, to define its jurisdiction and power, to provide for the appointment of a judge and other officers thereof, to define their powers and duties, and for other purposes, approved December 9, 1895. Section 1. Be it enacted by the General Assembly of Georgia, and is hereby enacted by authority of the same, That all of section 7 of the above recited Act, approved December 9, 1895, after the word enacted in the first line of said section be stricken and the following inserted in lieu thereof: That the clerk and his deputy or deputies of the superior court of Glynn county shall be the clerk and deputy or deputies of said city court of Brunswick, and in their official connection with said court shall be known as clerk and deputy clerk of the city court of Brunswick. Said clerk shall perform in said city court the same duties that by law are required of him as an officer of the superior court, so far as the same do not conflict with the provisions of this Act. Said clerk and his deputy or deputies, before entering upon the duties of their office, shall each take and subscribe an oath to faithfully and impartially perform the duties thereof, which oath shall be entered on the book of minutes of said court. Said clerk shall also, before entering upon the duties of his office, execute a bond, with good security in the sum of three thousand dollars, for the faithful discharge

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of the duties of his office. Said clerk may require from his deputy or deputies a bond with good security for the faithful performance of his or their duties, and said deputy or deputies shall hold office as long as the principal continues in office and not longer. In the event the clerk of the superior court shall fail to qualify or to execute said bond, the judge of said court is hereby authorized to appoint a clerk for said court, who shall hold office until the said clerk of the superior court shall qualify and execute said bond. City Court of Brunswick, clerk and deputy clerk. Sec. 2. Be it further enacted, That section 9 of said Act, approved December 9, 1895, be further amended by striking from the fourth, fifth and sixth lines of said section the words except in criminal cases, when no indictment is demanded or has been found, the clerk shall only receive three dollars. Fees of clerk. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 12, 1903. CITY COURT OF CLARKESVILLE, ACT CREATING REPEALED. No. 232. An Act to repeal an Act entitled an Act to establish a city court of Clarksville, in Habersham 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 motions for new trials therein, and writs of errors therefrom, and for other purposes, approved December 20, 1898, 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 immediately upon the passage of this Act the Act of the General Assembly, approved December 20, 1898, entitled an Act to establish a city court of Clarksville, in Habersham 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

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pleading and practice and motions of new trials therein and writs for error therefrom, and for other purposes, be, and the same is, hereby repealed, and the said city court of Clarkesville, in Habersham county, abolished. City court of Clarkesville abolished. Sec. 2. Be it further enacted by the authority aforesaid, That immediately after the passage of this Act the judge of the said city court of Clarksville shall transfer all pending cases now on the docket of the said city court of Clarksville, together with the papers and records pertaining to the same, to the superior court of said county of Habersham, where they shall severally stand for trial as cases originating in said superior 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. Repealing clause. Approved July 27, 1903. CITY COURT OF DAWSON, ACT CREATING AMENDED. No. 390. An Act to amend the Act establishing the city court of Dawson, approved December 25, 1898, so as to fix the salary of the judge thereof, to provide for the disposition of the convicts, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act establishing the city court of Dawson, approved December 25, 1898, be, and the same is, hereby amended as follows: by striking the words six hundred in the eleventh line of section 3 of said Act, and substituting the words one thousand therefor; by striking the word neither in the same line, and substituting the word not therefor, and by striking the words nor increased in the twelfth line of said section, so that, when so amended, said section will read as follows: 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 a term of four years, and all vacancies in the office of judge shall be filled by appointment by the Governor for the residue of the

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unexpired term, but should a vacancy occur when the Senate shall not be in session, the Governor shall make appointment to fill such vacancy, and submit such appointment to the Senate which shall next thereafter convene. The judge of said city court shall receive a salary of $1,000 per annum, which shall not be diminished during his continuance, except to apply to a subsequent term in office, and which shall be paid monthly by the treasurer of the county of Terrell; and it shall be the duty of the commissioners of roads and revenues of said county, or other proper officer, to make provisions annually, in levying the taxes, for this purpose. The said judge shall receive no other compensation, but may practice law in any court except his own. City court of Dawson. Judge, appointment and salary. Sec. 2. Be it further enacted by the authority aforesaid, that the board of commissioners of roads and revenues of Terrell county be, and they are, hereby authorized, in their discretion, to pay to the officers of the city court of Dawson a reasonable compensation for all misdemeanor convicts convicted in said court and turned over to the chain-gang of said county, and all convicts not thus worked shall be hired out to work on some legally established chain-gang. Convicts, hire of. Sec. 3. Be it further enacted by the authority aforesaid, That the money paid for any convict shall first be applied to the cost of that case, including jail fees and the cost of the justice of the peace and the constable, if said case originated in a justice court, and if not sufficient to pay all costs, then to be equitably prorated by the judge of the court in proportion to the insolvent cost of each officer; provided, however, that all fees coming to the solicitor of the city court of Dawson for services rendered in said court after the passage of this Act shall be paid into the county treasury of Terrell county, and he shall be paid a salary of one thousand two hundred dollars per annum, in monthly payments, out of the county treasury, in lieu thereof. Fees of officers. Salary of solicitor. Sec. 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903.

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CITY COURT OF EARLY COUNTY, ACT CREATING AMENDED. No. 338. An Act to amend an Act entitled an Act to create a city court for the county of Early, to provide for the appointment of a judge and solicitor and other officers therefor, to define its powers, jurisdiction, procedure and practice, and for other purposes, so as to provide for the hiring of the convicts and disposing thereof, to change the qualifications of solicitor of said city court, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That just preceding section 18, the repealing clause of the Act to establish the city court of the county of Early, there be inserted the following clause, which shall be known as section 18, and section 18 shall be stricken and section (19) nineteen be inserted in lieu thereof: Be it further enacted by the authority aforesaid, That the solicitor of said city court shall have the power and authority to hire out to any legally constituted chain-gang, under and subject to the laws governing the hiring out of misdemeanor convicts of this State, and the money arising from said fund shall be appropriated in the same manner and for the same purposes as other funds coming into said court from fines and forfeitures. City court of Early county. Convicts, hire of. Sec. 2. Be it further enacted by authority aforesaid, That the words two years be stricken from the eighth line of section 3, so that said section, when so amended, shall read as follows: Section 3. Be it further enacted, That by and with the advice and consent of the Senate, the Governor shall appoint a solicitor of said court whose term shall be four years. If the Senate be not in session at the time of the appointment, the appointment shall be subject to the approval of the Senate at its next session. All vacancies shall be filled by the appointment by the Governor. Said solicitor shall be at least twenty-one years of age; must have been a resident of the county immediately preceding his appointment, also a practicing attorney for three years preceding his appointment. In addition to his duties as prosecuting attorney in said court, he shall represent the State in all criminal cases carried to

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superior court by certiorari and from thence to the Supreme Court by bill of exceptions. Before entering upon the duties of his office he shall give bond and security to be approved by the judge of said court in the sum of five hundred dollars ($500) conditioned for the faithful performance of his duties as such solicitor, payable to the Governor of the State and his successors in office, and shall take and subscribe an oath to faithfully and impartially perform the duties of his office. Solicitor. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Repealing clause. Approved August 13, 1903. CITY COURT OF EARLY COUNTY, ACT CREATING AMENDED. No. 368. An Act to amend an Act entitled an Act to create a city court for the county of Early, to provide for the appointment of a judge and solicitor, and other officers thereof, to define its powers, jurisdiction, procedure and practices, and for other purposes, approved December 19, 1900, so as to give defendants in criminal cases the right to demand indictment by the grand jury, as a condition precedent to trials in said city court. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act of the General Assembly of the State of Georgia, approved December 19, 1900, entitled an Act to create a city court for the county of Early, to provide for the appointment of a judge and solicitor and other officers therefor, to define its powers, jurisdiction, procedure and practice, and for other purposes, be, and the same is, hereby amended by striking from the last clause of section 11 of said Act the word defendant, and insert in lieu thereof the word defendants, and the words no case, and insert in lieu thereof the words all cases, so, when said section is so amended, it shall read as follows: Section 11. Be it further enacted, That all criminal cases tried in the city court aforesaid shall be upon a written accusation unless upon an indictment or presentment, such

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accusation shall set forth plainly the offense charged and shall conform as to all matters of substance with the rules of criminal pleading that prevail in the superior court. Such accusation shall be based upon an affidavit made before the judge of said court or before some other competent judicial officer of this State, which affidavit in matter of substance shall be deemed sufficient when conforming to the law governing affidavits the basis of criminal warrants; provided, that the accusation may be based upon the affidavit in the proceedings under which the defendant is arrested and brought into court when otherwise sufficient as set forth in this section; provided further, that one or more counts may be joined in the accusation upon the affidavit, where counts may be joined in bills of indictment according to the rules of criminal pleading, the said accusation shall be signed by the solicitor of said court, or the attorney representing the State, and having indorsed thereon the name of the prosecutor, if any. Upon said accusation being filed in the clerk's office of said court, the defendant shall be asked by the judge whether he waives trial by jury; if he answers yes, the judge shall proceed to try and determine said case. But if the defendant shall answer no, or stand mute, the judge shall commit him for trial at the next regular term or special term, in all cases allowing bail to the defendant, to be fixed by said judge. Defendants shall, in all cases, be allowed to demand indictment by the grand jury as a condition precedent to trial. Upon a demand for indictment by grand jury being made by any defendant, the judge of the city court, at his discretion, shall either allow said demand, in which event he shall bind the defendant under suitable bail, for his appearance at the next session of the superior court, to answer to the indictment of the grand jury, or he may disallow the demand; in which event the case shall not be for trial without the consent of the defendant until the quarterly session of said court next succeeding the expiration of (3) three months from the date of said demand, when he may, after the expiration of said three months, be tried without indictment notwithstanding such demand. City court of Early county. Criminal cases, how tried. Sec. 2. And all indictments for misdemeanors found by the grand jury shall, by the solicitor-general of the Pataula circuit, be transferred to the city court for the county of Early, there to be tried as now provided by law. Misdemeanor cases transferred from superior: court. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903.

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CITY COURT OF FORSYTH ABOLISHED. No. 387. An Act to abolish the city court of Forsyth, Monroe county, Georgia, approved December 16, 1897, to provide that all cases pending therein and all unfinished business, books, papers and records thereof be transferred to the superior court of Monroe county, Georgia, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That as soon as this Act shall go into effect as hereinafter provided, the city court of Forsyth, in Monroe county, Georgia, approved December 16, 1897, shall be abolished. City court of Forsyth abolished. Sec. 2. Be it further enacted by the authority aforesaid That all cases pending in said city court of Forsyth shall be transferred to the superior court of Monroe county, Georgia, to be disposed of as other cases therein. Sec. 3. Be it further enacted by the authority aforesaid, That all mesne and final processes from the city court of Forsyth which have not been executed shall be returnable to the superior court of Monroe county, Georgia, and all claims, illegalities and all other issues arising from the execution of said processes shall be returnable as though issued from superior court of Monroe county. Sec. 4. Be it further enacted by the authority aforesaid, That all mesne and final processes from the city court of Forsyth not executed when this Act goes into effect may be executed by the officers of the superior court of Monroe county, Georgia. Sec. 5. Be it further enacted by the authority aforesaid, That all dockets, minutes, records, books and papers of the city court of Forsyth shall be turned over to the clerk of the superior court of Monroe county, Georgia, provided that the provisions of this Act shall not become operative until ratified by a majority of the voters at the next general election held in the county of Monroe. At said election those favoring the abolishment of said court shall have written or printed on their ballots, which ballots shall be separate from the ballots cast for officers, the words Against city court, and those opposed to abolishment of said court shall have written or printed on their ballots the words For city court. Returns of said

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election shall be made to the ordinary of Monroe county, who shall consolidate the same and declare the result. If a majority vote at said election shall be in favor of abolishment of said court, then the provisions of this Act to become operative on the 31st day of December, 1904. Election, to abolish. Sec. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903. CITY COURT OF GREENVILLE, ACT CREATING AMENDED. No. 222. An Act to amend section 31 of an Act to establish the city court of Greenville, in and for the county of Meriwether, to define its jurisdiction and powers, to provide for the election of a judge, solicitor and the appointment of other officers thereof, and to define their powers and duties, to provide for pleading and practice and new trials therein, and writs of error therefrom to the Supreme Court, and for other purposes, approved December 13, 1899, so that defendants in criminal cases in said city court shall not have the right to demand indictment by the grand jury, 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 31 of an Act to establish the city court of Greenville, in and for the county of Meriwether, to define its jurisdiction and powers, to provide for the election of a judge, solicitor and the appointment of other officers thereof, and to define their powers and duties, to provide for pleading and practice and new trials therein, and writs of error therefrom to the Supreme Court, and for other purposes, approved December 13, 1899, be, and the same is, hereby amended as follows: By striking from said section 31 of said Act the words and in all criminal cases within the jurisdiction of said court the defendant shall have the right to demand an indictment by the grand jury of Meriwether county; that before the arraignment the judge shall inquire of the defendant whether he

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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, and by adding at the end of said section 31 the following words: No defendant in any criminal case in the city court of Greenville shall have the right to demand indictment by the grand jury of Meriwether county, so that said section, when thus amended, shall read as follows: Section 31. Be it further enacted by the authority aforesaid, That defendants in criminal cases in said city court shall be tried on a written accusation setting forth plainly the offense charged, founded upon an affidavit of the prosecutor and signed by the solicitor of said city court. 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 hereinafter 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. No defendant in any criminal case in the city court of Greenville shall have the right to demand indictment by the grand jury of Meriwether county. City court of Greenville. Criminal cases, trial of. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved July 16, 1903.

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CITY COURT OF HALL COUNTY, ACT CREATING AMENDED. No. 237. An Act to amend an Act to establish a city court in the county of Hall, and to provide for the appointment of a judge and a solicitor thereof, approved August 14, 1891, also to amend an Act amendatory thereof, approved December 17, 1898, so as to change the law in regard to the appointment of the judge and solicitor by the Governor, and make said judge and solicitor elective by the qualified voters of Hall county, and not appointed by the Governor. 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, on page 940 of the Acts of the General Assembly of 1890-1891, to establish the city court in the county of Hall, and to provide for the appointment of a judge and solicitor thereof, approved August 14, 1891, be, and the same is, hereby amended by striking out the following words: appointed by the Governor by and with the advice and consent of the Senate, who shall hold his office for the term of four years, and all vacancies in the office of judge shall be filled by appointment by the Governor for the balance of the unexpired term. Should a vacancy occur when the Senate shall not be in session the Governor shall appoint to fill said vacancy and submit said appointment to the Senate when it shall next thereafter convene, and adding in lieu of the words stricken the following words: elected by the qualified voters of Hall county who shall, a ter the first term of office hereafter provided for, hold his office for the term of four years, and all vacancies in the office of judge, except as hereinafter provided, shall be filled by appointment of the Governor in the same manner as vacancies are filled for superior court judgeships, so said sections, when so amended, shall read as follows: There shall be a judge of said city court who shall be elected by the qualified voters of Hall county, who shall, after the first term of office hereinafter provided for, hold his office for the term of four years, and all vacancies in the office of judge, except as hereinafter provided, shall be filled by appointment by the Governor for the balance of the unexpired term in the same manner as vacancies are filled for superior court judgeships.

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The judge of said city court shall receive a salary of five hundred dollars per annum, which shall not be increased nor diminished during his continuance in office except to apply to a subsequent term, and shall be paid monthly out of the treasury of the county of Hall, out of any funds not otherwise specifically appropriated by some general law; and it shall be the duty of the ordinary of Hall county, or other or proper officer of said county, to make provisions annually in levying taxes for this purpose. The said city judge shall receive no other compensation than the salary herein provided. City court of Hall county. Judge, election and salary. Sec. 2. Be it further enacted by the authority aforesaid, That the Act of the General Assembly approved December 17, 1898, to amend an Act to establish a city court in the county of Hall, and to provide for the appointment of a judge and solicitor thereof, be amended as follows: that the words, to wit, who shall be appointed by the Governor be stricken from section 1, on pages 324 and 325 of the Acts of the General Assembly of the State of Georgia for the year 1898, and that the following words be added in lieu thereof, to wit: who shall be elected by the qualified voters of Hall county; and that said Act be further amended by inserting after the word office in eighth line of page 325 of said Act in the published Acts of the General Assembly for the year 1898 the following words: after the first term of office hereinafter provided for, so said section, when amended, shall read as follows: There shall be a solicitor for said city court who shall have practised law for two years, who shall be elected by the qualified voters of Hall county, whose term of office after the first term of office hereinafter provided for shall be for four years; the clerk and sheriff and their deputies of the superior court of Hall county shall be ex officio clerk, sheriff and deputies of said city court, and for services rendered in said city court shall be entitled to the same fees as are allowed the solicitors-general and the clerks and sheriffs by law in the superior court, and discharge the same duties and shall be subject to the same obligations and penalties. Solicitor, election, etc. Clerk and sheriff. Sec. 3. Be it further enacted by the authority aforesaid, That the Governor shall call an election for the judge and solicitor of said city court to be held on the first Wednesday in October next. That the persons so elected shall hold office from the time of their election and qualification unti the first day of January after the general election for members of the General Assembly for said county of Hall, in the year 1906. That the successors of those first elected, as above provided,

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shall be elected at the general election for members of the General Assembly for said county, to be held in the year 1906, and shall hold their respective offices for four years from the first day of January thereafter. That subsequent elections shall be held every four years from said election for State officers in the year 1906, and shall be held at the same time with the election for members of the General Assembly, and the persons elected shall hold their offices for four years from the first day of January after their election. That all elections for said office shall be under the same rules and regulations as provided for election for members of the General Assembly. That all vacancies now existing, or which may hereafter exist, in said offices before the election and qualification of the judge and solicitor of said court, which may be elected in the election to be held in October next, shall be filled by appointment of the Governor; such appointee to hold office until the officers so elected shall be qualified. Elections for judge and solicitor. Sec. 4. Be it enacted, That all laws and parts of laws in conflict be, and the same are, hereby repealed. Repealing clause. Approved July 29, 1903. CITY COURT OF HAMILTON, ACT CREATING MADE OPERATIVE. No. 253. An Act to provide for the operation of the Act creating the city court of Hamilton, approved December 8, 1902, under an amended charter, of the town of Hamilton, in Harris county, to provide for the trial and disposition of cases now pending in said court, to provide for the enforcement of fi. fas. and processes not satisfied, issued from said court, to provide that the present officers of said court shall continue for their respective terms, with same powers and duties as defined in said Act of December 8, 1902, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the adoption and approval of an Act amending the Act chartering the town of Hamilton, in Harris county, approvedday of 1903, so as to declare the corporate name of said town to be the city of

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Hamilton instead of the town of Hamilton, the Act creating the city court of Hamilton, approved December 8, 1902, shall become operative under said amended charter. City court of Hamilton, Act creating made operative. Sec. 2. Be it further enacted by the authority aforesaid, That all cases, civil and criminal, now pending in said city court of Hamilton, shall be tried and disposed of in the same manner and in all respects subject to the same rules of practise and procedure as cases that may be brought in said court after the adoption and approval of this Act; and all fi. fas. and processes not satisfied issued from said court may be enforced in the same manner as similar papers may be disposed of that may issue from said court after the adoption and approval of this Act. Sec. 3. Be it further enacted by the authority aforesaid, That all the present officers of said court shall continue to hold their offices for their respective terms, with their same powers and duties as defined in said Act of December 8, 1902. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved July 30, 1903. CITY COURT OF HAMILTON, ACT CREATING AMENDED. No. 293. An Act to amend the Act establishing the city court of Hamilton, approved December 8, 1902, by striking from said Act sections 29 and 39 and substituting in lieu thereof the following, to wit: That the judge of the superior court of Harris county shall transfer all presentments or bills of indictments found in his court for misdemeanors to the city court for trial, either in term time or vacation, the order so transmitting the same to be entered on the minutes of both courts; and also to add the following words at the end of the 36th section of said Act: That the judge of the city court, after paying all of the insolvent costs aforesaid, if there should be a remainder, he shall within thirty days pay the same into the county treasury to be used for county purposes. Section 1. Be it enacted by the General Assembly of

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Georgia, from and after the passage of this Act, That the Act establishing the city court of Hamilton, approved December 8, 1902, be amended by striking from said Act sections 29 and 39, and substituting in lieu thereof the following, to wit: That the judge of the superior court of Harris county shall transfer all presentments or bills of indictment for misdemeanor found in his court to the city court for trial, either in term time or vacation, the order transmitting the same to be entered on the minutes of both courts. City court of Hamilton. Transfer of misdemeanor cases from superior court. Sec. 2. Be it further enacted, That the following words be added at the end of the 36th section of said Act: That the judge of the city court, after paying the insolvent costs aforesaid, if there should be any remainder, he shall within thirty days thereafter, pay the same into the county treasury. Insolvent costs. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 6, 1903. CITY COURT OF JEFFERSON ABOLISHED. No. 218. 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 thereform, and for other purposes, approved November 30, 1897, and to abolish said city court, and to provide when this Act shall go into effect, 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 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 thereform, and for other purposes, approved November 30, 1897, be, and the same is, hereby abolished,

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and said Act is hereby repealed upon the passage of an Act provided for in the next section of this Act. City court of Jefferson abolished. Sec. 2. Be it further enacted, That the provisions of this Act shall not go into force and effect and become a law until the passage and approval by the Governor of an Act to establish the city court of Jefferson, in the city of Jefferson, in and for the county of Jackson, 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 pleadings and practice and new trials therein and writs of error therefrom, and for other purposes. When reestablished. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved July 16, 1903. CITY COURT OF JEFFERSON ESTABLISHED. No. 219. An Act to establish the city court of Jefferson, in the city of Jefferson, in and for the county of Jackson; 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 pleadings and practice and new trials therein and writs of error therefrom, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the city court of Jefferson, located in the city of Jefferson, as incorporated under Act approved December 12, 1899, is hereby established and created with civil and criminal jurisdiction over the whole county of Jackson, concurrent with the superior court, to try and dispose of all civil cases of whatever nature, wherein the amount claimed or involved, exclusive 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 Jackson: that the jurisdiction herein conferred shall include not only the ordinary suits by petition

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and process, but all other kind of suits and proceedings which are now or hereafter may be in use in the superior courts, either under the common law or statute, including among others attachments and garnishment proceedings, illegalities, counter-affidavits to any proceedings from said court, statutory awards, proceedings against intruders and tenants holding over, partitions of personalty, issues upon distress warrants, foreclosure of all liens and mortgages and quo warranto; provided, that said city court shall have jurisdiction to try and dispose of all civil cases in which the amount claimed and 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 justice court costs and city court costs. City court of Jefferson. 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 filled 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 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 six hundred dollars ($600.00) per annum, which salary shall be paid monthly by the treasurer of the county of Jackson, and it shall be the duty of the commissioners of roads and revenues or ordinary 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, appointment, term and salary. 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 Jackson county for 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 Jefferson of this State, according to the best of my ability and understanding, agreeably with the laws and Constitution of this State, and the Constitution

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of the United States, so help me God, which oath shall be filed in the executive department. Qualifications. Oath. 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 term of office shall be four years, and whose duties it shall be to prosecute for all offenses cognizable before said court. 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 is not in session, the Governor shall fill such vacancy and submit such appointment to the Senate at its next session thereafter. The solicitor shall receive $10.00 for each written accusation, except gambling cases, for which he shall receive $25 00 as costs on each accusation, to be collected out of the defendant upon conviction or plea of guilty, and for all other services the same fees that solicitor-generals receive in superior courts. 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 the regularly appointed solicitor of said court. The said solicitor shall be twenty-five years old and shall have resided in Jackson county four years and practiced law four years. Solicitor, appointment, term and fees. Sec. 5. Be it enacted by the authority aforesaid, That the solicitor of said city court shall receive for his services in the Supreme Court, to 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. And it shall be the duty of said solicitor of said city court to represent the State in all cases going from said city court to the Supreme Court. Services in supreme court. Sec. 6. Be it further enacted, That there shall be a clerk of said city court, who shall be appointed by the judge thereof. Said clerk, 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 book or minutes of said court; he shall also, before entering upon 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; he shall hold his office during the term of four (4) years. Clerk. Sec. 7. Be it further enacted, That the sheriff of Jackson county shall be ex officio sheriff of the city court of Jefferson, and in his official connection with said city court he shall be known as the sheriff of the city court of Jefferson. Before entering

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upon the discharge of the duties of his office he shall execute a bond with good securities in the sum of $5,000 for the faithful discharge of the duties of his office; he shall have power to appoint a deputy or deputies, with the consent of said judge. 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 Jefferson and to the office of sheriff of the city court of Jefferson, respectively, and the judge of said city court of Jefferson is empowered to exercise the same authority over said clerk and sheriff, and his deputy or deputies, as is exercised by the judges of the superior courts over the clerks of the superior courts and the sheriffs of the counties of Georgia. Sheriff. Sec. 8. Be it further enacted, That the fees of the clerk and sheriff of said city court shall be the same as are now or may hereafter be allowed by law to the clerk of the superior court and the sheriff of the county, except in criminal cases or accusations the clerk shall receive six ($6.00) dollars, and for his attendance at the regular and adjourned terms of said court the sheriff shall receive the same pay, to be paid in the same manner as now allowed him for similar services in the superior court of Jackson county. And all bailiffs and deputies shall receive the sum of two dollars per day for their services in attendance on said court, to be paid in the same way and manner as in the superior courts. Fees of clerk and sheriff. Sec. 9. Be it further enacted, That the judge of said city court shall have power to issue writs of habeas corpus and to hear and dispose of the same in the same way and manner anywhere within jurisdiction of said court, as the judge of the superior court. Judge, powers of. Sec. 10. Be it further enacted, That the terms of said city court of Jefferson shall be held quarterly, beginning on the first Mondays in January, April, July and October of each year. The judge shall have power to hold said court in session from day to day, or to adjourn the same over to such time as, in his discretion, the exigencies of the business may require. The judge shall have power to hold such special terms as the exigencies may require for the trial or di-position of either civil or criminal business, first giving the parties and the prosecutor and defendant a reasonable time to prepare for trial; that it this Act goes into effect and become a law by the 20th day of July, 1903, that in that event the first special term of said city court of Jefferson shall be held on the third Monday in July, 1903; provided further, that all parties, witnesses and

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jurors required and summoned to appear at the July term of 1903 of the city court of Jefferson, as established by the Act approved November 30, 1897, shall appear and be competent to serve and act at this first special term of said city court of Jefferson established under this Act. Terms of courts. Sec. 11. Be it further enacted, That suits in said city court shall in all respects be conformable to the mode of proceedings in the superior courts except as hereinafter provided, but the process 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 Jefferson or his deputies. Pleadings. Sec. 12. Be it further enacted, That in all matters pertaining to service, pleadings and practice, the laws governing the superior court, when not inconsistent with this Act, shall be applicable to said city court. Practice. Sec. 13. Be it further enacted, That the judge of said city court shall have power and authority to hear and determine without a jury all civil cases or 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. 14. Be it further enacted by the authority aforesaid, That all judgments obtained in said court shall be a lien upon all the property of the defendant or defendants throughout the State, in the same 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 Jefferson, and to all and singular the sheriffs and their deputies of the State of Georgia. Judgments. lien of. Sec. 15. Be it further enacted, That said court shall have jurisdiction of all claim cases where personal property is levied upon under execution or other process from said court, and such claims shall be tried in the same manner as claims in the superior court. Claim cases. Sec. 16. Be it further enacted, That claims to real property levied upon under execution or other process issued from said

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court shall be returned to the superior court of the county where such property is situated, and shall there proceed to trial as other claims in the superior court. Claims to realty. Sec. 17. Be it further enacted, That all laws upon the subject of attachments and garnishments as to any matter whatever in the superior courts of this State shall apply to said city court as if named with the superior court, so far as the nature of the city court will admit. Attachments in said court returnable to said court shall be directed to the sheriff or his deputies of the city court of Jefferson, 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 governing the issuing of attachments returnable to the superior court. Attachments and garnishments. Sec. 18. Be it further enacted, That the garnishments 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 court. Distress warrants. Sec. 19. Be it further enacted, That scire facias to make parties in any cause in said city court shall be had as in the superior courts, but scire facias shall run throughout the State, and may be served by any sheriff or his deputy thereof. Scire facias. Sec. 20. Be it further enacted, 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 and their attendance, or other matter of a judicial nature within the jurisdiction of the said city court, shall be applicable to the said city court. Rules of practice. Sec. 21. Be it further enacted, That the judge of said city court shall have power to cause testimony to be taken and used de bene esse and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the laws of the State, and the judge and all other officers of said city court shall have power, respectively, to administer all oaths pertaining to their office as the judge and other officers of the superior courts may in like cases do; and said judge shall have power to attest deeds and other papers and administer affidavits in all cases anywhere in the State in which, by existing laws, deeds and papers may be attested and affidavits administered by justices of the peace of this State and judges of the superior courts; and the judge of said city court shall have all the authority and power throughout his jurisdiction as judges

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of the superior courts, and all laws relating to the governing of judges of the superior courts shall apply to the judge [Illegible Text] said city court so far as the same may be applicable, except as herein provided. Powers of judge and officers of court. Sec. 22. Be it further enacted, That said city court of Jefferson shall be a court of record, and shall have a seal, and the minutes, records, orders and other books and files that are required by law, and rules to be kept for the superior court shall be kept in and for said city court, and in the same manner; and all laws applicable to the clerk and sheriff and their deputies in the superior courts shall apply to them in the said city court, except when they conflict with the provisions of this Act. Court of record. Sec. 23. Be it further enacted, That all laws relating to the enforcing of judgments, whether civil or criminal, shall apply to the said city court; an execution shall issue and be levied and sales be had thereunder under the same rules and laws regulating the same in the superior courts. Judgments, how enforced. Sec. 24. Be it further enacted, That the judge of said city court shall have the same power to enforce his orders, to preserve order, punish for contempt and to enforce all his judg ments as is vested by law in the judges of the superior courts of this State. Contempt Sec. 25. Be it further enacted, That it shall be the duty of said clerk of said city court of Jefferson to prepare and file in his office a complete copy of the traverse jury list of the superior court of Jackson 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 Jefferson shall write upon separate tickets the names of each traverse juror and shall number the same and place the same in a box to be prepared for that purpose, from which shall be drawn all traverse jurors as now required by law in the superior courts. All laws with reference to the drawing of, selecting and summoning traverse and tales jurors in the superior courts shall apply in said city court. All exemptions from jury duty now of force in Jackson county and by law shall apply and be of effect in said city court. Jurors. Sec. 26. Be it further enacted, That all laws in reterence to the qualification, relations, empaneling, fining and challenging jurors now of force in this State, or herealter enacted by the General Assembly, regulating the same in the superior courts, shall apply to and be of force in said city court, except when inconsistent with the provisions of this Act. Qualifications of jurors.

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Sec. 27. Be it further enacted, That from said panel of twenty-four jurors, drawn and summoned by the provision of this Act, the judge of said city court shall cause to be made up two juries, which shall be known and distinguished as juries numbers 1 and 2, and all cases and issues to be tried by jury, civil or criminal, at and during that term of said city court shall be tried by one of these, or by a jury stricken from both, as hereinafter provided. In case for any cause said panel should be reduced below twenty-four, the judge of said city court shall have power to fill it by causing talesmen to be summoned instanter. In criminal cases at a regular term of said court the defendant shall be entitled to seven peremptory challenges and the State five, and in all civil cases the plaintiff and defendant shall be each entitled to six peremptory challenges, and all laws and rules, both civil and criminal, relating to the selection of juries in the superior courts shall apply to said city court except when inconsistent with the provisions of this Act. Juries. Sec. 28. Be it further enacted, That the judge of said city court is authorized to appoint two or more bailiffs at each term of said city court, if in his discretion they are needed, as officers of said court. Bailiffs. Sec. 29. Be it further enacted, That all criminal cases in said city court shall be tried by the judge thereof without a jury, except when the accused, in writing, shall demand a jury. A plea to the accusation shall be a waiver of the jury, and the accused may not thereafter have the right to recall such waiver except in the discretion of the court. If upon the trial of any case it shall appear to the judge that the evidence makes the case a felony, he shall thereupon suspend the trial and commit or bail over the defendant to the next superior court as in preliminary examinations. Criminal cases, how tried. Sec. 30. Be it further enacted, 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 or presentment by the grand jury of Jackson county, but shall be tried upon said written accusation. 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

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manner of form and substance as is required by the laws and rules of criminal proceedings to be observed in bills of indictment in the superior court. Accusations. Sec. 31. Be it further enacted, That the judge of the superior court shall send down from the superior court of Jackson county to said city court for trial and final disposition all presentments and indictments for misdemeanors which may be undisposed of by plea at the close of each term of the superior court, and the order transmitting such cases shall be entered upon the minutes of both courts; provided, those misdemeanor cases where the defendants are in jail may be tried in said superior court at said terms. Misdemeanor cases transferred from superior court. Sec. 32. Be it further enacted, That it shall be the duty of all justices of the peace and notaries public of Jackson county to bind over to said city court all persons charged with offenses committed within the limits of, Jackson county over which said city court has jurisdiction, there to answer for said offenses. Cases returnable to. Sec. 33. Be it further enacted, That a writ of error shall be direct from said city court to the Supreme Court of this State upon a bill of exceptions filed under the same rules and laws and regulations as govern and control the issuing of writs of error and bills of exceptions in the superior courts of this State; that certiorari shall be had from the decision of said city court of Jefferson to the superior court only after the judge of said city court shall have had opportunity to review his decisions and rulings by motion. Motion for new trial or other proper motion in writing, for review by said judge, and the answer of said judge to any writ of certiorari, shall be the original papers in each proceedings approved by said judge and certified to the superior court by the clerk of said city court under the seal of the court; and the judge or judges of the superior courts shall deny the writ of certiorari unless it shall affirmatively appear in the petition for certiorari that such opportunity for review of his decision, ruling or judgment has been had by the judge of said city court. And in all cases in said city court the same powers and rights of parties as to waivers in pleadings or procedure or other matter pertaining to the same shall be allowed and upheld by the laws and rules governing parties in the superior courts. Writs of error, certiorari and motions for new trials. Sec. 34. Be it further enacted, That all cases, civil and criminal, now pending and undisposed of in the city court of Jefferson, as established under an Act approved November 30, 1897, shall be, and are, hereby transferred to said city court of

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Jefferson as established by this Act, and shall be placed upon the proper dockets of the same, and shall be tried and disposed of as other cases in said city court. All final or other process now in the hands of the sheriff or his deputies or other proper officer, which are made returnable to the city court established under said Act, approved November 30, 1897, shall be returnable to the city court established under this Act; as well as any other process in any case which for any cause remains undisposed of. All records, books and papers, disposed of and on file in the city court established under the Act approved November 30, 1897, as well as all fi. fas. not satisfied now in the hands of the sheriff or other proper officers, shall be filed and deposited, and be levied and enforced, with the clerk and by the sheriff or other officers of the said city court established under this Act. Cases, etc., pending. Sec. 35. Be it further enacted, That the judge of said city court shall have power and authority to grant new trials in all cases and upon the same terms and conditions and under the same law in every respect that judges of the superior court may or can grant or refuse new trials. And all rules of pleading, practice and procedure governing motions, rules nisi and other proceeedings in new trials in the superior courts shall apply to and govern the same in the city court established under this Act. New trials. Sec. 36. Be it further enacted, That all jurors, bailiffs and other officers appointed to attend and serve on the said city court shall receive the same pay as is paid for like services in the superior courts. Fees of jurors and officers. Sec. 37. Be it further enacted, That all laws, rules and regulations pertaining to the superior courts relating to the bringing of suits, processes, service, continuance, motion, pleas and practice shall be applicable to said city court, and shall obtain therein. Practice. Sec. 38. Be it further enacted, That the first term of said city court after defendants in all civil cases have been served at least fifteen days before the meeting of said court shall be trial or judgment term, unless there is a plea or pleas filed by the defendant or defendants, and the judge is authorized and empowered to give judgments on all cases in default at said first term immediately upon the call of the appearance docket. The first term shall only be the appearance term in all cases properly answered at the call of the appearance docket, and pleas filed or other proper defense made, and the second term shall be the trial term of all such cases where pleas or other

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proper defense is made, and all laws, rules and practises and pleadings in said city court shall be the same as in the superior courts of this State, unless otherwise provided in this Act. Appearance and trial terms. Sec. 39. Be it further enacted, That whenever the judge of said city court is, from any cause, disqualified from presiding and the judge of the superior court 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 case shall be tried by a judge pro hac vice selected in the same manner as is provided for in the superior court; provided further, when the judge of said court is absent from any cause from any regular term of said city court, it is competent for the judge of the superior court of Jackson county to preside, provided that his services can be secured. The judge of any other city court in the State can preside in said court if for any cause the said judge can not preside or is disqualified. Judge pro hac vice and other judges may preside. Sec. 40. Be it further enacted, That all laws, rules and regulations pertaining to the superior court of this State shall apply to and obtain in said city court within its jurisdiction as aforesaid unless otherwise provided for in this Act. General laws. Sec. 41. Be it further enacted, That in the event that the convicts from said city court shall hereafter be taken charge of by the ordinary or commissioners of roads and revenues of Jackson county, and by them put to work on the roads of said county or other public works of any kind, it shall be their duty and they are directed to pay over to the clerk of said city court the full amount of costs due the officers of said court in each case, and also the amounts the justice of the peace or notaries public may be entitled as costs in said cases. The insolvent costs due the solicitor, sheriff, and clerk and other officers of said court shall be paid only from moneys arising from fines and forfeitures in said court; if the money arising from fines and forfeitures in said court more than pays said insolvent costs, including the justices' and notaries' public costs, then the balance shall be paid into the treasury of Jackson county. Convicts, disposition of. Sec. 42. Be it further enacted, That the ordinary or commissioners of roads and revenues of Jackson county shall provide the necessary books for keeping the dockets and minutes and records of said court. Records. Sec. 43. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved July 16, 1903.

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CITY COURT OF LAGRANGE, JUDGE AND SOLICITOR, ELECTION OF. No. 241. An Act to provide for the election of the judge and solicitor of the city court of LaGrange by the people of Troup county; to extend the term of the judge of said city court of LaGrange, 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 at the expiration of the term of office of the solicitor of the city court of LaGrange, whose term of office shall commence January 1, 1903, the judge and solicitor of said court shall be elected by the qualified voters of Troup county in the same manner, and at the same time and places, that county officers and members of the General Assembly are elected, and that the judge and solicitor of said city court of LaGrange shall hold their office for the term of four years and until their successors are elected and qualified. City court of LaGrange, judge and solicitor, election and term of. Sec. 2. Be it further enacted, That the first election to be held under this Act shall be held under the general election of 1904, when the county officers and members of the General Assembly are elected, and that said election shall be held under the same rules and regulations as the said general elections, and that the term of the present judge of said city court of LaGrange be, and the same is, hereby extended a sufficient length of time (that is one year), so that the election of judge of said court shall be held at the same time as the solicitor of said court and county officers. First election. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with the above Act be, and the same are, hereby repealed. Repealing clause. Approved July 30, 1903.

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CITY COURT OF MOULTRIE, ACT CREATING AMENDED. No. 269. An Act to amend an Act entitled an Act to establish a city court of Moultrie, in the city of Moultrie, in and for the county of Colquitt, to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof, and for other purposes, approved November 13, 1901, and as amended by Acts of the Legislature approved December 17, 1902, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act establishing the city court of Moultrie, approved November 13, 1901, and published on pages 136 to 145 of Georgia Laws, 1901, and as amended by an Act approved December 17, 1902, published on pages 158 and 159 of Georgia Laws, 1902, be, and the same is, hereby amended, so that the said court shall not have jurisdiction to try and dispose of any cause or matter wherein the principal amount involved does not amount to the sum of fifty ($50.00) dollars or more, except in cases where a justice court has no jurisdiction. City court of Moultree, jurisdiction. Sec. 2. Be it further enacted, That the judge in his discretion may, at any time, have summoned, tales jurors to the number of twelve, or such other number as in his discretion may be necessary to expedite the business of said court. Tales jurors. Sec. 3. Be it further enacted, That the compensation of the jurors in said court shall be the same as that allowed and paid to jurors for similar services in the superior court of Clquitt county. Fees of Jurors. Sec. 4. Be it further enacted, That whenever any personal property is levied on under and by virtue of any process of said court, and said personal property does not exceed the value, in the judgment of the levying officer, of the sum of five hundred dollars, said property may be sold by the sheriff or his deputy of said city court, after advertising the same by posting a notice of said sale at the court-house door and three other public places in said county for twenty days before the day of the sale, and it shall not be necessary to advertise in any newspaper the sale of such personal property. Personal property, sale of by sheriff. Sec. 5. Be it further enacted, That for each criminal case tried on an accusation in said city court, the clerk's fee shall be three ($3.00)

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dollars. In criminal cases transferred to said city court from the superior court of said county, the clerk's cost shall be the same as his cost in like cases in the superior court. Fees of clerk in criminal cases. Sec. 6. Be it further enacted, That all bills for insolvent costs of the officers of said court shall be approved and paid in like manner as are such bills and cost in the superior court of Colquitt county. Insolvent costs. Sec. 7. Be it further enacted, That the judge of said city court may open any judgment entered up by default during the term at which said judgment was entered, upon the payment of all costs by the moving party, or in the discretion of the judge. Judgments by detault, how opened. Sec. 8. Be it further enacted, That after the expiration of the term at which said judgment was entered, the judge may open any such default and judgment upon the same terms and conditions as judges of the superior courts of this State. Judgments by default, how opened. Sec. 9. Be it further enacted, That for attending on said court while in session the sheriff and clerk shall each receive the sum of ($2.00) two dollars per day, provided that the amount so received shall not exceed the sum of fifty ($50.00) to each during any one year. Fees of clerk and sheriff. Sec. 10. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Repealing clause. Approved July 30, 1903. CITY COURT OF MOUNT VERNON, ACT CREATING REPEALED. No. 215. An Act to repeal an Act entitled an Act to establish the city court of Mount Vernon, in the city of Mount Vernon, in and for the county of Montgomery, to define its jurisdiction and powers, to provide for the appointment of a judge and other officers thereof, to define the power of the judge and other officers thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the above and foregoing entitled Act be, and the same is, hereby repealed, and the city court of Mount Vernon in the city of Mount Vernon is hereby abolished. City court of Mt. Vernon abolished. Sec. 2. Be it further enacted by the authority aforesaid,

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That all pending suits in said court, all summonses, processes and all litigations of every nature and character pending in said court and returnable thereto, be, and the same are, transferred to the superior court of Montgomery county. Business in transferred to superior court. Sec. 3. Be it further enacted by the authority aforesaid, That the terms of this Act shall go into effect immediately upon its approval by the Governor, provided that the present judge of said city court shall have authority to sign bills of exceptions and answer writs of certiorari after this Act shall go into effect within the time prescribed by law. This Act, when effective. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved July 13, 1903. CITY COURT OF SAVANNAH, POWERS OF ENLARGED. No. 359. An Act to enlarge and define the powers of the police court of thecity of Savannah in the infliction of punishments, so that in every case of a violation of an ordinance of the city of Savannah, where the punishment is by imprisonment, such imprisonment may be with labor on the chain-gang of Chatham 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 from and after the passage of this Act, whenever any person is convicted in the police court of the city of Savannah for a violation of any ordinance of said city, and such ordinance provides for punishment by imprisonment and the sentence of said court is enforced by imprisonment, the imprisonment of such person may, in the discretion of the court, be with labor in the chain-gang of Chatham county Georgia, upon the public works of said county or of the city of Savannah, and such person may, for the purposes aforesaid, be committed direct from said police court to said chain-gang into the custody of the county authorities of said county. City court of Savannah. violations of city ordinance, how punished. Sec. 2. Be it further enacted by the authority aforesaid,

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That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903. CITY COURT OF STATESBORO CREATED. No. 325. An Act to create the city court of Statesborough in and for the county of Bullock; to prescribe the powers and duties thereof; to define the jurisdiction thereof; to provide for compensation of said officers, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the city court of Statesboro, to be located in the city of Statesboro, in the county of Bullock, is hereby established and created, with civil and criminal jurisdiction over the whole county of Bullock, concurrent with the superior court, to try and dispose of all civil cases of whatever nature, except those of which the Constitution of this State has given the superior court exclusive jurisdiction to try and dispose of all offenses below the grade of felony committed in the county of Bullock; that the jurisdiction herein conferred shall [Illegible Text] not only the ordinary suits by petition and process, but also all other kinds of suits and [Illegible Text] lings which now or hereafter may be in use in the superior court either under the common law or statute, including among others attachment and garnishments 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. City court of Statesboro established, jurisdiction of. Sec. 2. Be it 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 of the Senate, who shall hold his office for the term of four years, and if there should be a vacancy in the office of judge, said vacancy shall be filled by the Governor in the manner now provided for filling said vacancies in the superior court; provided, that the first appointment of judge of said court shall be to continue until the 12th day of December, 1906. The judge of said city court shall receive a

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salary of nine hundred dollars (900) per annum, which shall be paid monthly by the treasurer of the county of Bullock, and it shall be the duty of the commissioners of roads and revenues of said county, or of the other proper officers, to make provisions annually in levying taxes for this purpose. Said salary shall not be increased nor diminished during the term of office of said judge. The judge shall receive no other compensation, but may practice law in any court except his own. Judge, appointment, term and salary. Sec. 3. Be it further enacted, That no one shall be eligible to the office of said judgeship unless he shall be at the time of his qualification at least twenty-nine years of age and resident of Bullock county for two years immediately preceding his appointment, and must have been a practicing attorney at law for five years before his appointment. He shall, before entering upon the duties of his office, take and subscribe the following oath: I do solemnly swear that I will administer justice without respect to persons and do equal rights to the poor and rich, and that I will faithfully and impartially perform and discharge all duties which may be required of me as judge of the city court of Statesboro 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. Judge qualifications oath. Sec. 4. Be it further enacted by the authority aforesaid, That there shall be a solicitor of said city court who shall be appointed in the same manner as the judge of said city court, whose term of office shall be for two years, and whose duty it shall be to prosecute all offenses cognizable before said city court. Said solicitor must be at least twenty-one years of age and a resident of Bullock county for three years immediately preceding his appointment and a practicing attorney at law. 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 of said court; provided, nevertheless, the first appointment of solicitor for said court shall be to continue until December 12, 1904. The said solicitor shall receive the same fees for each written accusation as are allowed the solicitor-general for each indictment in the superior court, and his fees for all services rendered shall be the same as are allowed the solicitor-general of the superior court. In the absence or disqualification of said solicitor the city court judge shall appoint a solicitor pro tem., who shall receive the same fees as are allowed the regularly appointed solicitor of this court. Solicitor, appointment, term and qualifications. Fees.

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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 Supreme Court. Fees in supreme court. Sec. 6. Be it further enacted by the authority aforesaid, That the clerk and his deputies of the superior court of Bullock county shall be ex officio clerk and deputies of said city court. Said clerk shall before entering upon the duties of his office take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered on the book of minutes of said city court. He shall also, before entering upon the duties of his office, execute a bond with good security in the sum of one thousand dollars for the faithful discharge of the duties of his office. Clerk, oath and bond. Sec. 7. Be it further enacted by the authority aforesaid, That the sheriff of Bullock county shall be ex officio sheriff of city court of Statesboro, and in his official connection with said court shall be known as the sheriff of the city court of Statesboro. Before entering upon the discharge of the duties of his office said sheriff shall execute a bond with good security in the sum of one thousand dollars for the faithful discharge of the duties of his office. He shall have the same authority to appoint a deputy or deputies as is provided in the Code of Georgia for the appointment of deputy sheriffs. Sheriff, bond of. 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 the clerk of the city court of Statesboro, and to the office of sheriff of the city court of Statesboro, respectively, and a judge of said city court of Statesboro is empowered to enforce the same authority over said clerk and sheriff and their deputies as is exercised by the judge of the superior court over the clerks of the superior courts and sheriffs of the counties of Georgia. Clerk and sheriff, duties and liabilities. Sec. 9. Be it further enacted by the authority aforesaid, That the clerk and sheriff of said city court shall receive in all civil business transacted in said court, in which the principal sum claimed does not exceed one hundred dollars, one half of the fees which the sheriff and clerk of the superior court receive. In all other business, unless otherwise specified in this Act, they and their deputies shall receive for all services the same fees as are allowed by law for like services in the superior court. They

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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 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 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 such civil business, in which the principal sum claimed does not exceed one hunded dollars, and the quarterly terms for the trial and disposition of criminal business and all civil business of whatever amount. The time for holding said court shall be the first Wednesday in each month, and the terms of said court held in January, April, July and October shall be the quarterly terms of said court. The terms of such court shall be held at the court-house in the city of Statesboro, in said county of Bullock for which, when necessary, juries shall be drawn as hereinafter directed, and shall last until the business is disposed of, unless sooner adjourned for good cause. The judge of said city court shall, in his discretion, hold his court at the same place at any other time than the regular terms for the transaction of criminal business which does not require a jury, as speedily as possible consistent with the interests of the State and accused, and may also hold adjourned terms for the regular monthy 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 tried as of the terms, whether court has been held from day to day until said time or not. 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 courts, except as hereinafter provided; the process to writs shall be annexed by the said clerk of said city court, be tested in the name of the judge thereof, and be directed to and be served by the sheriff of said city court of Statesboro or his legal deputies. Proceedings in. 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, where not inconsistent with this Act and unless 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 the plaintiff in any cause shall be entitled to a trial by jury in said court by entering a demand by himself or his attorneys in writing at the time of filing his suit, and that the defendant in any cause shall likewise be entitled to a trial by jury in said court by making a demand therefor in writing, by himself of his attorney, at the time of filing his defense, in all cases where, under the Constitution and laws of the State of Georgia, such party is entitled to a trial by jury; provided further, that it shall be the duty of the city court judge to sound the docket upon the opening of each term for the purpose of ascertaining in what cases either civil or criminal demands for trial by jury are to be made in accordance with the provisions of this Act. Trials. Sec. 15. Be it further enacted by the authority aforesaid, That all judgments obtained in said court shall be a lien on all property of the defendant or defendants throughout the State in the same manner as judgments of the superior courts are, and all executions issuing from said court shall be tested in the name of the judge and signed by the clerk and directed to the sheriff or his deputies of the said city court of Statesboro, and to all and singular the sheriffs or their deputies of the State of Georgia. Judgments, lien of. Sec. 16. Be it further enacted by the authority aforesaid, That said court shall have jurisdiction of all claim cases where personal property is levied on under execution or other process from said court, and such claims shall be tried in the same manner as claims in superior court. Claim cases. Sec. 17. Be it further enacted by the authority aforesaid, That the claims to real property levied on under execution or other process from said city court shall be returnable to the superior court of the county where such real property is situated, and shall then 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 attachment and garnishment as to any matter whatever in the superior courts of this State shall apply

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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 sheriffs his deputies of the city court of Statesboro 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 gannishments. Sec. 19. Be it further enacted by the authority aforesaid, That garnishments and attachment proceedings and proceedings on distress warrants in said city court shall be conformable to the laws of the State on the subject in the superior court. Distress warrants. Sec. 20. Be it further enacted by the authority aforesaid, That scire facias to make parties in any cause in said city court shall be had as in the superior court, but such scire facias shall run throughout the State and may be served by any sheriff or his deputy thereof. Scire facias. Sec. 21. Be it further enacted by the authority aforesaid, That the general laws of this State with regard to commencement of suits in the superior courts, defenses, set-offs, affidavits of illegality, arbitration, examination of parties to suits, or witnesses by interrogatories or under subp[oelig]nas, witnesses and their attendance, continuances, or other matters of a judicial nature, within the jurisdiction of said city court, except as otherwise provided in this Act, shall be applicable to said city court. Practice. Sec. 22. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to cause testimony to be taken to be used de bene esse and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the general laws of the State, and the judge and all other officers of said city court shall have power, respectively, to administer all oaths pertaining to their office as the judge and other officers of the superior courts may in like cases do; and said judge shall have power to attest deeds and other papers and administer affidavits in all cases anywhere in the State in which by existing laws deeds and papers may be attested and affidavits administered by the 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 judges of the superior courts, and all laws relating to and governing judges of the superior courts shall apply to the judge of said city court so far as the same may be applicable, except as herein provided. Judge and officers, powers of.

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Sec. 23. Be it further enacted by the authority aforesaid, That said city court of Statesboro shall be a court of record, and shall have a seal, and the minutes, records, orders and other books and files that are required by law, and rules to be kept for the superior court, shall be kept in and for said city court, and in the same manner; and all laws applicable to the duty of the clerk 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, 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, except that sales may be made under executions issued from the monthly terms of said city court by advertising for twenty days by written notices posted at three public places in said county before the day of sale. Judgments, how enforced. Sec. 25. Be it further enacted by the authority aforesaid, That the judge of said city court shall have the power to enforce his orders, punish for contempt, and to enforce all his judgments as is vested by law in the judges of the superior courts of this State. Contempt Sec. 26. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of said city court of Statesboro to prepare and file in his office a complete copy of the jury list of the superior court of Bullock county, as provided from time to time for such superior court. From said copy so made jurors in the said city court shall be drawn in the following manner: The clerk of said city court of Statesboro shall write upon separate tickets the names of each juror, and shall number the same and place the same in a box to be prepared for the purpose, from which shall be drawn not less than sixteen jurors, and in the discretion of the judge twenty-four 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. It shall be in the discretion of the judge of said city court to summon a jury or refuse to summon a jury at any monthly term of said court. All exemptions from jury duty now in force in the county of Bullock shall apply and be of effect in the said city court of Statesboro. Juries, how drawn.

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Sec. 27. Be it enacted by the authority aforesaid, That all laws in reference to the qualifications, relations, empaneling, fining and challenging jurors now in force in this State or hereafter enacted by the General Assembly, 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. Juries, selection of. Sec. 28. Be it further enacted by the authority aforesaid, That sixteen jurors drawn and summoned as above provided shall be empaneled, and in all cases, civil and criminal, trial by jury of twelve shall be had in said court where 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 defendants 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 trial of such case, and this shall constitute a legal jury. Sixteen shall in all cases constitute a panel of jurors, whether there have been summoned sixteen or twenty-four, except in those civil cases in which the principal sum claimed amounts to $1,000 or more, in which cases, if demanded by either party, there shall be a panel of twenty-four, from which to select a jury, which shall be done as provided for the superior court. The judge may at any term in order to facilitate the business of the court, have summoned twenty-four jurors, whether there be a demand for a panel of twenty-four in any case or not. If either party in a civil case, or the defendant in a criminal case, declines to waive a trial by a jury of twelve, then in a civil case each side shall be allowed two strikes and in criminal cases the defendant shall be allowed three strikes and the State one strike from said panel. The jurors, those drawn on a regular panel and likewise the talesmen, which the judge of said court is hereby empowered to have summoned instanter at any term of said court whenever necessary to complete a panel, shall each receive the sum of two dollars per day while serving as juror in said court, same to be paid under the rule governing the payment of superior court jurors. Jurors, panel of, how constituted. Sec. 29. Be it further enacted by the authority aforesaid, That the sheriff of said court, and with the approval of the judge, is authorized to appoint at each term of said court bailiffs as officers of said court, who shall receive for their services not more than two dollars per day. Bailiffs.

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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 or indictment 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 examination. Criminal cases, how tried. Sec. 31. Be it further enacted by the authority aforesaid, That defendants in criminal cases in said city court shall be tried on a written accusation setting forth plainly the offense charged, 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 have no right to demand an indictment by the grand jury of Bullock county. All the proceedings after accusations shall conform to the rules governing like cases in the superior courts, except there shall be no jury trials unless demanded by the accused as hereinbefore provided. In all cases tried the accusation shall set forth the offense charged with the same particularity, both as to form and substance, as is required by the laws and rules of criminal pleading to be observed in bills of indictments 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 Bullock 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 in which there is no forfeiture of appearance bonds, and the order transmitting such cases shall be entered on the minutes of both of the said courts, which order may be passed in term time or in vacation; provided, that in all transferred cases the solicitor-general of the middle circuit shall be entitled to his accrued costs, to be collected as herein provided for the costs of the solicitors of the city court. Misdemeanor cases in superior court 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 Bullock county to bind over to said city court all persons charged with offenses committed within the limits of Bullock county over which said city court has jurisdiction, there to answer for said offenses. Cases returnable to Sec. 34. Be it further enacted by the authority aforesaid, That

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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. Writs 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 waiver, pleadings and procedure, or other matters pertaining to the same, shall be allowed and upheld by the laws and rules to parties in the superior courts of this State. 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 pleadings, 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 new trial, such motion must be made and passed upon by the judge of said city court within ten days after the rendition of the judgment complained of, and not afterwards, unless for a good cause, in the sound legal discretion of the judge, further time may, by order, be granted in the discretion of the judge of said court. In other respects such motions shall be governed by the ordinary rules aforesaid. New trials. Sec. 37. Be it further enacted by the authority aforesaid, That all suits against joint obligors, joint promisors, copartners or joint trespassers, in which any one or more resides in the county of Bullock, may be brought in said court, whether its jurisdiction as already stated under the same rules and regulations, governing such cases in the superior court, mutatis mutandis, as to copies, second originals, returns and other matters connected with the suit. Joint defendants. Sec. 38. Be it further enacted by the authority aforesaid, That all civil cases within the jurisdiction of the monthly terms of said court shall be tried at the term to which the same are returned, unless, by reason of a demand of a trial by jury by either party in such cases, it shall be necessary, under the provisions of this Act, for said case or cases to go over until another term of said court. In suits returnable to the monthy term defense must be made as

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such defenses are required to be made in the superior courts of this State, upon the first day of the term to which they are made returnable; and unless such defense be made as herein provided, said cases shall be considered in default, and such default shall not be opened except in the manner provided by law for opening defaults in the superior courts of this State. In suits returnable to the quarterly term of said court defense much be made upon the first day of the term to which the same is returnable, and unless defense be made upon the first day of the term, said case or cases shall be considered in default, and such default shall not be opened except in the manner provided by law for opening defaults in the superior courts of this State. Return and trial terms. Sec. 39. Be it further enacted by the authority aforesaid, That whenever the judge of said city court is from any cause disqualified from presiding, and the judge of the superior court can not, from any cause, preside in said court as provided for in the Constitution of this State, then, upon the consent of the parties, or upon their failure or refusal to agree, said cause shall be tried by a judge pro hac vice, selected in the same manner as now provided for in the superior courts of this State. Judge, pro hac vice. Sec. 40. Be it further enacted by the authority aforesaid, That in case of the absence of the judge of said city court at any term thereof, the sheriff or clerk of said court may adjourn it to such 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, absence of. Sec. 41. Be it further enacted by the authority aforesaid, That all fines and forfeitures arising from cases tried in said city court shall be collected by the judge thereof, and shall be paid over to the treasurer of Bulloch county, who shall keep the same, after paying to the officers of said city court and to the justices of the peace and notaries public of Bulloch county, upon order of the judge of said city court, all their costs in that particular case, as the insolvent fund of said city court, which shall be distributed by the county treasurer, upon order of the judge of said city court, as follows: 25 per cent. to the general county funds; 25 per cent. to the solicitor-general of the Middle Circuit upon his insolvent cost bill in cases transferred to said city court from the superior court of Bulloch county; 25 per cent. to the solicitor of said city court upon his insolvent cost bill; 25 per cent. to the clerk and sheriff. The judge of said city court shall in January of each year, from a verified and approved cost bill from the various justices of the peace and notaries public of Bulloch county, pass an order authorizing

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the treasurer of Bulloch county, in cases in which there were commitments to said city court, to pay pro rata on said insolvent cost bill an amount not to exceed the twenty-five per cent. insolvent cost realized from said city court, which order shall be paid by said treasurer. Should there be with the treasurer of said county in January of any year from said insolvent fund from said city court an amount greater than is required to pay the insolvent cost bills as is provided above, said amount shall be turned over to the general fund of said county, to be used for any purpose for which taxes are levied. In cases arising in said court upon accusation, the insolvent fund therefrom shall be distributed as follows: 50 per cent. to the solicitor of said court, 25 per cent. to the clerk and sheriff of said court, and 25 per cent. to the justices of the peace and notaries public under the same provisions as provided above. Insolvent costs, how distributed. Sec. 42. Be it further enacted by authority aforesaid, That the commissioner of roads and revenues of the county of Bullock, or other proper officers, shall provide a suitable place in the court-house in the said city of Statesboro for the holding of said court, and to provide the necessary books for keeping the dockets, minutes and records of said city court; and said authorities shall provide an office in the court-house for the judge of said city court, and provide for preserving of the papers, books, records and minutes of said city court. Court room and judge's office. Sec. 43. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not take effect until the passage of an Act repealing the county court of Bulloch county. County court of Bulloch county. Sec. 44. Be it further enacted by the authority aforesaid, That all business pending in the county court of Bulloch county at the date of the passage of an Act repealing said county court, shall be transferred to the city court of Statesboro, to be disposed of as hereinbefore provided. Business in, transferred. 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. Repealing clause. Approved August 10, 1903.

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CITY COURT OF SWAINSBORO, ACT CREATING AMENDED. No. 225. An Act to amend an Act establishing the city court of Swainsboro in Emanuel county, approved December 17, 1898, so as to regulate the fees of the clerk and sheriff of said city court of Swainsboro. 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 38 of the above recited Act be, and the same is, hereby amended as follows: By striking from said section all the words occurring therein between the word term in the seventh line of said section and the word for in the eleventh line of said section and inserting in lieu of the words so stricken the following: two dollars; issuing copy and process, one dollar; each copy after the first, fifty cents; issuing and docketing fl. fa., seventy-five cents; filing mortgage or lien foreclosure, fifty cents; docketing mortgage or lien foreclosure, one dollar and fifty cents; in civil cases brought to the monthly term he shall receive for filing and docketing case one dollar; copy and process, one dollar; each copy after first copy, fifty cents; issuing and docketing fl.fa., seventy-five cents; filing mortgage or lien foreclosure, fifty cents; docketing mortgage or lien foreclosure, one dollar; so that said section, when so amended, shall read as follows: Section. 38. Be it further enacted, That the fees of the clerk of the said city court shall be as follows: For each criminal case tried on accusations, six dollars; for each criminal case tried on indictment or presentment handed down from the superior court, three dollars; for each commission to take testimony, fifty cents; for each subp[oelig]na, fifteen cents; for filing declaration and docketing civil cases brought to quarterly term, two dollars; issuing copy and process, one dollar; each copy after the first, fifty cents; issuing and docketing fl. fa., seventy-five cents; filing mortgage or lien foreclosure, fifty cents; docketing mortgage or lien foreclosure, one dollar and fifty cents; in civil cases brought to the monthly term he shall receive for filing and docketing case one dollar; copy and process, one dollar; each copy after the first, fifty cents; issuing and docketing fl. fa., seventy-five cents;

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filing mortgage or lien foreclosure, fifty cents; docketing mortgage or lien foreclosure, one dollar. City court of Swains boro, fees of. Sec. 2. Be it further enacted by the authority aforesaid, That section 39 of said Act be, and the same is, hereby amended by striking from said section all the words occurring therein between the word cases in the second line of said section and the word for at the end of the eighth line thereof, and inserting in lieu of the words so stricken the following: brought to the quarterly term thereof shall be for serving each copy two dollars; levying fi. fa., two dollars; settling fi. fa., two dollars; serving each subp[oelig]na, fifty cents; commissions on sales the same as in the superior court; serving garnishment, two dollars; levying attachment, two dollars; and in civil cases brought to the monthly term thereof he shall receive for serving each copy one dollar; levying fi. fa., one dollar; settling fi. fa., one dollar; serving each subp[oelig]na fifty cents; commissions on sales the same as in the superior court; serving garnishment, one dollar; levying attachment, one dollar; so that said section, when so amended, shall read as follows: Section 39. Be it further enacted, That the fees of the sheriff of said court in all civil cases brought to the quarterly term thereof shall be for serving each copy, two dollars; levying fi. fa., two dollars; settling fi. fa., two dollars; serving each subp[oelig]na, fifty cents; commissions on sales the same as in the superior court; serving garnishment, two dollars; levying attachment, two dollars; and in civil cases brought to the monthly term thereof he shall receive for serving each copy one dollar; settling fi. fa., one dollar; levying fi. fa., one dollar; serving each subp[oelig]na, fifty cents; commissions on sales the same as in superior court; serving garnishment, one dollar; levying attachment, one dollar; for his services in all criminal proceedings he shall be entitled to same fees as allowed to sheriffs in superior court; for attending sessions of city court he shall be paid one dollar 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. Sheriff's fees. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act, be, and the same are, hereby repealed. Repealing clause. Approved July 20, 1903.

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CITY COURT OF SYLVANIA, ACT CREATING AMENDED. No. 311. An Act to amend an Act to establish the city court of Sylvania in and for the county of Screven, 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, which was approved December 15, 1902, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the above recited Act establishing the city court of Sylvania, in and for the county of Screven, approved December 15, 1902, be, and the same is, hereby amended by striking from section 8 of said Act everything appearing in said section 8 after the word aforesaid in the first line thereof and inserting in lieu thereof the following: That the fees of the clerk of said court in all criminal cases and in all civil cases, where the principal amount involved exceeds $500.00, shall be the same as the fees allowed the clerk of the superior court of Screven county for similar services; he shall also be allowed a per diem of $2.00 a day for attending court, not exceeding two days at any term thereof, to include such attendance upon such court from the time of the establishment thereof, and ten cents for each jury script and for each jury summons issued by him, which per diem and fees for jury scripts and jury summons shall be paid by the treasurer of Screven county under orders from the commissioners of Screven county. The fees of said clerk in civil cases, where the principal amount involved exceeds $100.00 and does not exceed the sum of $500.00, shall be as follows: for each copy and process after first copy, 50 cents; for recording proceedings, whether of final records, minutes or otherwise, per 100 words 15 cents; for entering fi. fa. on execution docket, 15 cents; for each subp[oelig]na issued, 15 cents; for exemplification of records per 100 words, 15 cents; for every foreclosure of mortgage, claim, illegality case, or rule vs. sheriff or other officer exclusive of subp[oelig]nas for witnesses and final record,

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$1.50; for recording order on minutes, 50 cents; for all other services in civil cases where the principal amount involved exceeds $100.00 and does not exceed $500.00, said clerk shall receive one half the fees allowed the clerk of the superior court of Screven county for similar services. In civil cases where the principal amount involved does not exceed $100.00, the fees of said clerk shall be as follows: for each copy of petition and process after the first, 50 cents; for filing all pleas in each case, 25 cents; for recording proceedings, whether of minutes, final records or otherwise, per one hundred words, 10 cents; for issuing of fi.fa. 25 cents, for entering each fi. fa. on execution docket, 10 cents; for each subp[oelig]na issued, 10 cents; for exemplification of record per 100 words, 10 cents; for every foreclosure of mortgage, claim, illegality case, or rule vs. sheriff or other officers exclusive of subp[oelig]nas for witnesses and final record, $1.00; for docketing each motion, 25 cents; for certificate and seal, each, 25 cents; for scire facias to make parties, 50 cents; for other services in civil cases, where the principal amount involved does not exceed $100.00, the fees of said clerk shall be one fourth of the fees of the clerk of the superior court of Screven county for similar services. City court of Sylvania, clerk's fees. Sec. 2. Be it further enacted by the authority aforesaid, that the above recited Act establishing the city court of Sylvania, in and for the county of Screven, approved December 15, 1902, be amended by striking the word county between the words said and court in line 2 of section 11 of said Act, and inserting in lieu thereof the word city. Sec. 3. Be it further enacted by the authority aforesaid, That the above recited Act establishing the city court of Sylvania in and for the county of Screven, approved December 15, 1902, be, and the same is, hereby amended by adding at the end of section 12 of said Act the following: provided that the sheriff of Screven county and his lawful deputies are authorized to serve any process or writ of said city court of Sylvania that can be served by the sheriff of said city court of Sylvania. Sales under executions, distress warrants or other processes from said city court of Sylvania, where the principal amount involved does not exceed $100.00, may be made by the officer executing said process by advertising said sale fifteen days before any regular sales day, by posting a copy of said advertisement at the court-house door in Screven county and at two other public places in said county, and it shall not be necessary to advertise same in any other manner. In civil cases in said court where the principal amount involved is less than

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$50, and the amount of costs for which defendant is liable is less than the amount of costs that the other officers of said court are allowed to charge, the officers of said court may have judgment entered up against the plaintiff in said case for the difference in said cost, on which judgment execution may issue in behalf of said officers. Sheriff's fees. Approved August 7, 1903. CITY COURT OF WASHINGTON, ACT CREATING AMENDED. No. 340. An Act to amend an Act entitled an Act to establish the city court of Washington in and for the county of Wilkes, to define its jurisdiction and powers, to provide for the appointment of a judge and other officers thereof, to define their powers and duties and to abolish the present city court of Wilkes county, and for other purposes, approved November 29, 1899, so as to allow defendants in criminal cases in said city court to demand indictment by the grand jury, 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 37 of the above recited Act be, and the same is, hereby amended by striking out the word not between the words shall and have in the sixth line thereof and inserting between the words county and all in the seventh line thereof the following: In all cases where defendants are brought before said court on a warrant, the judge shall inquire of the defendant whether he demands an indictment by the grand jury, and if such demand is made the same shall be entered on the warrant by the prosecuting officer of said court, and the judge shall thereupon bind over said defendant to appear and answer any indictment that may be found against him on said charges, or in case of his inability to give the bond shall commit him to jail to await the action of the grand jury. If no such demand is made then the judge shall proceed as provided in the preceding sections of this Act, so that said section, when amended, shall read as follows: Section 37. Be it further enacted, That defendants in criminal cases in said city court shall be tried on a written accusation setting forth plainly the offense charged, founded upon an affidavit of

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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 Wilkes county. In all cases where defendants are brought before said court on a warrant the judge shall inquire of the defendant whether he demands an indictment by the grand jury, and if such demand is made, the same shall be entered on the warrant by the prosecuting officer of said court, and the judge shall thereupon bail over said defendant to appear and answer any indictment that may be found against him on said charge, or in case of his inability to give the bond shall commit him to jail to await the action of the grand jury. If no such demand is made, then the judge shall proceed as provided in the preceding section of this Act. All the proceedings after accusation shall conform to the rules governing like cases in the superior courts, except there shall be no jury trial unless demanded by the accused, as hereinbefore provided. In all cases tried, the accusation shall set forth the offense charged with the same particularity, both as to form and substance, as is now, or hereafter may be, allowed and required by the laws and rules of criminal pleadings to be observed in bills of indictment in the superior courts. If, upon the trial of any case, it shall appear to the judge that the evidence makes the case a felony against the accused, he shall thereupon suspend the trial and commit or bail over the defendant to the next superior court, as in preliminary examinations. City court of Washington, trial of criminal cases in. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Repealing clause. Approved August 13, 1903.

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CITY COURT OF WAYCROSS, ACT CREATING AMENDED. No. 240. An Act to amend an Act to establish the city court of Waycross, in and for the county of Ware, to define its jurisdiction and powers, to provide for the appointment of a judge and other officers thereof, to define their powers and duties, and for other purposes, so as to fix the salary of the judge at $1,000 per annum and the salary of the solicitors at $800 per annum, and provide that the clerk of the superior court of Ware county shall be clerk of the city court of Waycross, and to fix his salary at $300 per annum, and dispose of the fines and forfeitures arising from cases tried in said courts, 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 judge of the city court of Waycross shall receive a salary of $1,000 per annum, and shall be paid monthly out of the treasury of the county of Ware as hereinafter provided, and that so much of the 4th section of the Act creating the city court of Waycross, approved December 11, 1897, as provides that the judge of said court shall receive a salary of $1,200 per annum, is hereby repealed and superseded by the provisions of this Act, as to the amount and payment of said salary. City court of Waycross, judge's salary. Sec. 2. Be it enacted by the authority aforesaid, That the solicitor of said city court of Waycross shall receive a salary of $800 per annum, which shall be paid monthly out of the treasury of Ware county, as hereinafter provided, and that he shall receive no other compensation whatever, and that so much of the 6th section of the Act creating the city court of Waycross, approved December 11, 1897, as provides that the fees of said solicitor in said city court shall be as follows: for every person prosecuted to trial, or plea of guilty, in a case which originated by accusation in said city court, $10.00; for every person brought before the court by indictment and prosecuted to trial or plea of guilty for a violation of the gambling laws of this State, $25.00; for representing the State in each case carried to the Supreme Court from said city court, $15.00; for all services for which this Act does not provide, he shall receive the same fees as are now allowed by law for similar services in the superior court, is hereby repealed and superseded by the provisions of this Act as to the amount and payment

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of said salary; and that section 40 of the Act creating the said city court of Waycross, which provides for the payments of the solicitor's fees when a case is carried to the Supreme Court, and the defendant is insolvent or acquitted, be, and the same is, hereby repealed. Solicitor's salary. Sec. 3. Be it further enacted by the authority aforesaid, That the clerk of the superior court of Ware county shall be ex officio clerk of the city court of Waycross, and in his official connection with said court he shall be known as the clerk of the city court of Waycross. Said clerk shall, before entering upon the duties of his office, take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered on the book of minutes of said court; he shall also, before entering upon the duties of his office, execute a bond with good security in the sum of $3,000 for the faithful discharge of the duties of his office; he shall have power and authority to appoint a deputy clerk. All the duties and liabilities attached to the office of the clerk of the superior court shall be attached to the office of the city court of Waycross; and the judge of the said city court of Waycross is empowered to exercise the same authority over the said clerk and deputy as is exercised by the judges of the superior courts over the clerks of the superior courts of the counties of Georgia. The salary of the clerk shall be $300 per annum, to be paid monthly as the salaries of the judge and solicitor are paid, out of the treasury of Ware county, as hereinafter provided; and that all of section 7 of the Act creating the city court of Waycross, approved December 11, 1897, is hereby repealed and superseded by the provisions of this Act relating to the clerk of said city court of Waycross, as is embodied in this section of this Act, and that said clerk shall receive no other compensation whatever; and that section 9 of the Act creating the city court of Waycross, which fixes the fees of the clerk of said city court is hereby repealed and superseded by the provisions of this section of this Act. Clerk's salary. Sec. 4. Be it further enacted by the authority aforesaid, That all fines and forfeitures arising from cases tried in said court shall be paid over to the treasurer of said county of Ware, and a separate account of this fund shall be kept by said treasurer, and so much thereof be used as may be necessary for the purpose of paying the salaries of the officers of said court mentioned in this Act, and for the payment of the costs of the several officers in each particular case, according to the order of the judge of the city court. Twenty-five per cent. of said fines and forfeitures shall be paid by said treasurer to the sheriff of said city court on his insolvent cost bill, and ten per cent. of said fines and forfeitures shall be paid by

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said treasurer to the solicitor-general of the Brunswick circuit on his insolvent cost bill in said county of Ware, and the remaining sixty-five per cent. of said fines and forfeitures to be retained by the treasurer of the said county as the property of the county, so much thereof as may be necessary to be paid out on the salaries of the officers of said court as is in this Act provided, the balance to be put into the general county fund. Should twenty-five per cent. of the fund arising from said fines and forfeitures at any time be more than sufficient to pay off the insolvent cost bill of the said sheriff of the said court, and should ten per cent. of said fines and forfeitures at any time be more than sufficient to pay off the insolvent cost bill of said solicitor-general, then such excess in each instance shall belong to the county. That section 43 of the Act creating the said city court of Waycross, approved December 11, 1897, be repealed and superseded by the provisions of this section of this Act. Fines and forfeitures. Sec. 5. Be it further enacted by the authority aforesaid, That should the sixty-five per cent. of the fines and forfeitures arising from cases tried in said court be insufficient to pay the salaries of said officers in this Act mentioned, to wit: the judge, solicitor of said court and the clerk of said court, then the treasurer of said county shall pay the remaining portion of said salaries out of the general fund in the treasury of said county. Deficiencies in salaries. Sec. 6. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not go into effect until the expiration of the present term of office of the present judge, solicitor and clerk of the said city court of Waycross. Immediately upon the expiration of the present terms of office of the above mentioned officers the provisions of this Act shall become operative. When effective. 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. Repealing clause. Approved July 30, 1903.

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CITY COURT OF WAYNESBORO ESTABLISHED. No. 372. 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 others officers thereof, and to define their powers and duties; to provide for pleading and practice and new trial therein and writs of error therefrom, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the city court of Waynesboro is hereby established in the city of Waynesboro, and created with civil and criminal jurisdiction over the whole county of Burke; this Act to take effect on the passage thereof and the approval of the Governor. City court of Waynesboro established. Sec. 2. Be it further enacted, That said city court of Waynesboro shall have jurisdiction to try and dispose of all civil cases of whatsoever nature; but in all suits brought in said court in sums of one hundred dollars or less, the plaintiff shall only receive justice court costs, except in those cases over which exclusive jurisdiction is vested in the superior courts by the Constitution and laws of the State of Georgia; always provided, that said city court of Waynesboro shall not have power to correct errors from inferior judicatories; and said city court shall not have the power to issue writs of mandamus or prohibition or quo warranto, or to foreclose mortgages on real estate. Jurisdiction in civil cases. Sec. 3. Be it further enacted, That said city court of Waynesboro shall have jurisdiction to try and dispose of all criminal cases committed in the county of Burke, when the offender is not subjected to loss of life or confinement in the penitentiary. Jurisdiction in criminal cases. Sec. 4. 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 county of Burke, 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 general election, when a 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

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unexpired term. The judge of said court shall receive a salary of one thousand dollars per annum, which shall be paid monthly by the treasurer of the county of Burke. The judge of said court may practice law in any other court except his own. The first election for said judge shall be held on the third Wednesday in September, 1903, under the rules and regulations governing the election of the members of the General Assembly. The judge elected on the third Wednesday in September, 1903, shall hold said office until January 1, 1905. His successor shall be elected at the general election for Governor and members of the General Assembly, to be held in the year 1904, and shall hold his office for a term of four years from January 1, 1905, and thereafter said judge shall be elected every four years, as hereinbefore provided. Judge, election and term of office. Sec. 5. Be it further enacted, That any person, before he shall be eligible to hold the judgship of said city court, must, at the time of his election be twenty-five years of age; must have been a resident of Burke county three years immediately preceding his election; must also have been a practicing attorney at law four years before his election, and he shall, before entering upon the discharge of the duties of his office, take and subscribe the following oath: I solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and the rich, and that I will faithfully and impartially perform and discharge all the duties which may be required of me as judge of the city court of Waynesboro of this State, according to the best of my ability and understanding, and agreeably to the laws and Constitution of this State and the Constitution of the United States, so help me God; and said oath shall immediately thereafter be forwarded to the Governor and filed in the executive department. Said judge may practice law in any of the courts of this State or the United States except the city court of Waynesboro, and the Supreme Court on writs of error fro msaid city court. Judge, qualifications. Oath. Sec. 6. Be it enacted, That the judge of the city court shall have power to issue writs of habeas corpus and to hear and dispose of the same in the same way and with the same power as the judges of the superior courts; he shall have authority to issue criminal warrants; to issue and dispose of warrants against intruders and tenants holding over; to issue and dispose of distress warrants, and generally to do all the acts which the judges of the county and city courts of this State are authorized to do, unless otherwise provided in this Act. Said judge shall also have the power to have testimony taken de bene esse, in the same manner as judges of the

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superior courts, and for the purpose of perpetuating testimony within his jurisdiction in all cases, according to the general laws of this State. And the judge and all other officers of said city court shall have power, respectively, to administer oaths pertaining to their respective offices as the judge and as the other officers in the superior court may in like cases do; and said judge shall have the power to attest deeds and other papers and to administer affidavits in all cases anywhere in this State in which, by existing laws, such papers may be attested and affidavits administered by a justice of the peace of this State; and the judge of the city court shall have all the power and authority throughout his jurisdiction as judges of the superior court, except when by law exclusive power and authority is vested in the judges of the superior courts; and all laws relating thereto and governing the judges of the superior courts shall apply to said judge of said city court so far as the same may be applicable, except as herein provided. Judge, powers of Sec. 7. Be it further enacted, That the judge of the city court shall have power to grant new trials in any case, civil or criminal, in his court, upon the same terms and conditions and under the same laws and regulations in every respect governing the granting of new trials in the superior courts, except as otherwise provided in this Act. All rules of pleading, practice, procedure governing motions, rules nisi and other proceedings in new trial in the superior courts shall apply to and govern the same in said city court, unless otherwise provided in this Act. Whenever a case is heard at either a regular or special session of said court and defendant desires to move for a new trial, such motion must be made within two days after the adjournment of the session and passed upon by the judge of the city court within ten days after the motion is filed, and not afterwards, unless for good cause further time may, by order, be granted in the discretion of the judge of the city court; provided, however, when such session shall be adjourned over for more than two days, then said motion shall be filed within two days from the date of adjournment. In all other respects, such motion must be governed by the ordinary rules aforesaid. Upon the grant of a new trial in civil or criminal cases, either party in the civil case or the defendant in the criminal case shall have the right to demand a jury trial, without regard to whether or not the preceding trial was with or without a jury, regardless of any previous waiver of trial by a jury. New trials. Sec. 8. Be it further enacted, That a writ of error direct from the city court of Waynesboro to the Supreme Court of this State

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shall be upon bills of exception filed under the same rules and regulations as govern and control the filing of bills of exception and the issuing of writs of error in the superior courts of this State. Writs of error. Sec. 9. Be it further enacted, That in the absence of the judge of the said city court from indisposition or otherwise from any term of said city court, it shall be the duty of the clerk or sheriff of the said city court to open and adjourn said court to such day as the judge in writing may direct. The judge of said city court may hold adjourned terms of said court, when, in his discretion, the same is advisable, and the jurors summoned to the quarterly term immediately preceding such adjourned term shall serve at such adjourned term. Adjourned terms. Sec. 10. Be it further enacted, That the sessions of said city court of Waynesboro shall be held in the court-house of Burke county, in said city of Waynesboro, or at some other convenient place in said city, if at any time it should become necessary, in the opinion of the judge of said city court, to hold court elsewhere; provided, notice of the change of place shall have first been published once a week for four weeks immediately preceding the call of the court, or in cases of emergency, said notice may be given at public outcry by the sheriff or other officer in attendance, in front of the court-house square, after the hour for the opening of court arrives. Court room. Sec. 11. Be it further enacted by the authority aforesaid, That there shall be a solicitor of said 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 shall be to prosecute all offenses cognizable before said city court. All vacancies in said office shall be filled in the same manner as supplied in this Act for the filling of vacancies in the office of judge. No person shall be elected solicitor of the said city court unless at the time of his election he shall have arrived at the age of twenty-one years, and shall be a resident of said county and shall be a practicing attorney at law before his election. Said solicitor shall, before entering upon the duties of his office, in addition to 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 favor and affection, discharge my duties as solicitor of the city court of Waynesboro, so help me God, which oath shall be entered upon the minutes of said city court; provided, however, that the term of the solicitor appointed under this Act

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shall expire the first day of December, 1906. If, for any reason, said solicitor should be absent or disqualified to act in any case, the court shall have power to appoint a solicitor pro tem. Solicitor, election. Qualifications. Oath. Sec. 12. Be it further enacted, That it shall be the duty of the solicitor of said court to represent the State in all cases in said court, and in cases carried up to the Supreme Court from said city court to which the State is or may be a party, and shall perform therein such other duties as usually appertain to this office. The solicitor of said court, for services rendered the State in criminal cases therein, shall have a salary to be fixed by the commissioners of roads and revenues of Burke county, of not less than five hundred ($500) dollars per annum, in lieu of fees in such cases. He shall be paid said salary out of the treasury of the county of Burke on warrant of the county commissioners, in monthly payments. He shall be entitled to receive and retain in addition to such salary the same fees, in all civil cases to which the State is a party, that are allowed to solicitors-general for like services in the superior court. For representing the State in the Supreme Court, in cases carried up from the said city court, he shall, in addition to the salary aforesaid, be allowed the same fees as are allowed by law to solicitors-general for like services in that court, on cases carried up from the superior court, to be paid out of the treasury of the State by warrant drawn by the Governor upon the certificate of the clerk of the Supreme Court as to the performance of the service and the certificate of the clerek of the city court as to the insolvency or acquittal of the defendant. In all criminal cases disposed of in said city court, however, there shall be taxed, in the bill of costs on account of the services of the solicitor, the same fees which are allowed to solicitors-general for like services rendered by them in the superior court, and, when collected, such costs shall, together with all fines and forfeitures, be paid over to the treasurer of the county of Burke. Duties. Salary. For services in supreme court. Sec. 13. Be it further enacted, That the commissioners of roads and revenues shall determine what portion of the salary of the solicitor shall be awarded from time to time to solicitors pro tem. for services rendered by them, unless the solicitor and the solicitor pro tem. should agree upon the same. Solicitors pro tem., compensation. Sec. 14. Be it further enacted, That the judge of said city court shall have the power to appoint bailiffs at each term of the court that judges of the superior courts have, and said bailiffs shall be entitled for such service to one dollar ($1.00) per day. Bailiffs. Sec. 15. Be it further enacted, That the judge of said court

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be, and he is, hereby authorized to approve the insolvent cost bills of the solicitor, the clerk and sheriff of said city court and the justices of the peace and constables on account of cases disposed of in said city court, and when so approved they shall be entered upon the minutes of the court. No officer shall receive any money on his insolvent cost bills unless it has first been approved by the judge of said city court, and spread upon the minutes thereof; but said insolvent cost bills, when so approved and entered on the minutes, shall be a lien on the fund arising from fines and forfeitures in said court superior to all other liens, and be paid them according to priority on warrant of the county commissioners. The portions of the fines and forfeitures apportioned to the solicitor's insolvent cost bills, as well as all costs collected in criminal cases on account of his services, shall be placed to the credit of the general fund for county expenses, provision having already been made elsewhere in this Act that the solicitor for his services be paid a salary out of the county treasury. Insolvent costs. Sec. 16. Be it further enacted, That the clerk of the superior court of Burke county shall be ex officio clerk of the city court of Waynesboro. The fees of the clerk of said court shall be the same as are now, or may hereafter be, allowed the clerk of the superior court, except that in criminal cases he shall receive three ($3.00) dollars in cases tried, and one ($1.00) dollar when pleas of guilty are entered or cases settled, whether tried by judge or jury, or both, and except in civil cases where the amount involved is five hundred dollars or less, in which case he shall receive the following fees: Filing declaration and docketing case, 50c.; issuing writ and making copy, 50c.; for each additional, copy 50c.; each subp[oelig]nas duces tecum, 25c.; each commission to take testimony, 50c.; recording judgemnt and proceedings, $1.50; each claim case, $1.50; for entire service issuing and docketing fi. fa., 25c. He shall also receive the following fees in all cases: For filing bills of exceptions to the Supreme Court, and for copying and sending up the record, seven cents per hundred words; for foreclosing a lien and recording, whole service, $1.00; for docketing, recording and filing proceedings in possessory warrant cases, whole service, $2.00; for taking and filing bond in possessory warrant cases, 25c.; for docketing and filing search warrants and proceedings thereon, 50c.; docketing distress or other warrants not provided for, 25c.; for docketing recording and filing proceedings in distress warrants, where a counter affidavit has been filed and the issue tried, whole service,

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$2.00; for other services required of him by the order of the judge or rule of court, such compensation as the judge of said city court may allow him by standing order on the minutes; for his services at regular terms of said court, he shall receive $2.00 per day, and for all suits brought to the quarterly terms of said city court over and above five hundred dollars principal, except as may be provided for herein, he shall receive the same fees as clerks of the superior court for like services; provided further, that the clerk of the superior court shall give a bond in the sum of five hundred dollars for the faithful performance of his duties as clerk of the city court of Waynesboro. Clerk, fees of and bond. Sec. 17. Be it further enacted, That the sheriff of Burke county and his deputies shall be, by virtue of their offices, sheriff and deputy sheriffs of the city court of Waynesboro. For services rendered in discharge of their duties as officers of said court they shall be allowed the same fees as are now allowed, or that may hereafter be allowed by law, for the discharge of similar duties performed by them as officers of the superior court, except that said sheriff shall only receive two dollars per day for his services at the regular terms of said court, and except as otherwise provided in this Act. Before entering on the discharge of the duties of his office said sheriff shall execute a bond, with good security, in the sum of one thousand dollars, for the faithful discharge of the duties of his office. Sheriff's fees and bond. Sec. 18. Be it further enacted, That the duties and liabilities attached to the office of the clerk of the superior court and to the office of sheriff of Burke county, shall be attached to the office of clerk of the city court of Waynesboro, and to the office of sheriff of the city court of Waynesboro, respectively; and the judge of the city court of Waynesboro is empowered to exercise the same authority over the said clerk and sheriff and his deputy or deputies as is exercised by the judge of the superior courts of the counties of Georgia. Duties and liabilities of clerk and sheriff. Sec. 19. Be it further enacted, That the terms of said city court shall be monthly and quarterly; the monthly terms shall be held on the first Wednesdays in each month and the quarterly terms shall be held on the second Mondays in March, June, September and December. Suits for not over five hundred dollars principal, and all issues and proceedings when not over five hundred dollars in value is involved, shall be returnable to the monthly sessions of said court and stand for trial at the first term by the judge without the intervention of a jury; provided, that either party in

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any cause shall be entitled to a trial by a jury, where such party is so entitled under the Constitution and laws of this State, and as hereinafter provided in this Act. Ordinary suits brought to the monthly sessions shall be filed in the clerk's office of said court at least fifteen days before the term to which they are returnable, and the same shall be served at least ten days before said term. All other causes and proceedings must be brought to the quarterly term in like manner as suits are now brought in the superior court, and the first term of said quarterly session shall be the appearance term; provided, that all suits brought in said city court final judgment may be entered by default at the first term to which the cause is returnable, unless a plea or defense is filed under the terms governing the filing of pleas in the superior court on the call of the appearance docket, in which event the second term shall be the trial term, except the trial may be at the first term when parties consent. Terms of court. Sec. 20. Be it further enacted, That suits in said city court shall, in all respects, be conformable to the mode of proceeding in the superior court, except as otherwise provided in this Act; but the process to writs shall be annexed by the clerk of the said city court, or his depty, be attested in the name of the judge thereof, and be directed to and served by the sheriff of the city court of Waynesboro or his deputy. Practice. Sec. 21. Be it further enacted, That in all matters pertaining to service, pleading and practice, the laws governing the same in the superior court, when not inconsistent with this Act and unless otherwise specially provided in this Act, shall be applicable to said city court. Practice. Sec. 22. Be it further enacted, That the judge of said city court shall have power and authority to hear and determine all civil cases of which the said court has jurisdiction, and to give judgment and to issue execution thereon; provided always, that either party in any case shall be entitled to trial by a jury in said court upon his entering his demand therefor by himself or his attorney in writing, on or before the call of the docket at the term to which the cause is returnable, in all cases where such party is entitled to a trial by a jury under the Constitution and laws of this State, and when a jury is so demanded, either at a special session of said city court for the trial of criminal cases, or at a monthly term of said court, and shall there stand for trial by a jury. Trials. Sec. 23. Be it further enacted, That all judgments obtained in said court shall be a lien on all property belonging to the defendant

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throughout the State, in the same manner as judgments in the superior court are, and all executions issuing from said court shall be attested in the name of the judge and signed by the clerk or his deputy, and directed to the sheriff of the city court of Waynesboro and his deputies. Judgments, lien of. Sec. 24. Be it further enacted, That said court shall have jurisdiction of claim cases when personal property is levied on under executions, or other processes from said court, and such claims shall be tried in the same manner as claims in the superior court. Claims to personalty. Sec. 25. Be it further enacted, That claims to real property, levied on under execution or other process from said city court shall be returnable to the superior court of the county where such real property is situated, and shall there proceed as other claims in the superior court; provided, that, when executions or other process issued from said city court are levied upon personalty and real estate, and both the personalty and realty is claimed by the same claimant, the claim, together with the executions or process, shall be returned and tried in the superior court; provided, also, that if the claimants of the realty and personalty are different parties or claimants, the claim case where the personalty is levied on shall be returned to the city court for trial. Claims to realty. Sec. 26. Be it further enacted, That all laws upon the subject of attachments and garnishments, as in the superior courts of this State, shall apply to said city court, so far as the nature of the city court will admit. Attachments in said court returnable to said city court shall be directed to the sheriff of the city court of Waynesboro or his deputies, and to all and singular the sheriffs and constables of this State, and the judge of the city court may, or any justice of the peace or notary public that is an ex officio J. P., may issue attachment returnable to the said city court, under the same laws that govern the issuing of attachments returnable to the superior court; provided, that said attachments and garnishments shall be triable at the first term to which they are returned, provided they are returned to said court twenty days before the sitting thereof. Attachments and garnishments. Sec. 27. Be it further enacted, That garnishment proceedings in said city court shall be conformable to the laws of the State on the subject in the superior courts. Garnishments. Sec. 28. Be it further enacted, That scire facias to make parties in any cause in said city court shall be had as in the superior court, and be served by any sheriff thereof or his deputy. Scire facias. Sec. 29. Be it further enacted, That the general laws of this

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State, with regard to the commencements of suits in the superior courts, defenses, set-offs, affidavits of illegality, arbitration, examination of parties to suit, or witnesses by interrogatories or under subp[oelig]na, including testimony de bene esse, witnesses and their attendance, continuances and other matters of a judicial nature within the jurisdiction of said city court, shall be applicable to said city court, unless otherwise provided in this Act. It shall be competent to make additional parties in suits or proceedings in said city court, where it is necessary to determine the rights of interested persons. Parties may make defenses on all grounds, either legal or equitable. Practice. Sec. 30. Be it further enacted, That all suits against obligators, joint promisors, copartners, or joint trespassers, in which any one or more resides in the county of Burke, may be brought in said court within its jurisdiction as already stated, under the same rules and regulations governing such cases in the superior court, mutatis mutandis, as to copies, second originals, returns and other matters connected with the suit. Joint defendants. Sec. 31. Be it further enacted, That all laws regulating the enforcing of judgments of the superior courts, whether civil or criminal, shall apply to said city court. The judge of said city court shall have the same power to enforce his orders, to preserve order, punish for contempt and to enforce his judgments as is vested by law in the judges of the superior courts of this State. Judgments, enforcement of. Contempt. Sec. 32. Be it further enacted, That sales made under executions or other process from the quarterly term of said city court, shall be governed by the same rules and regulations as under superior court executions, and sales made under execution or other process from the monthly term of said court may be made after advertising the property ten days before the court-house door and at two other public places in Burke county; provided, that all levies upon land shall proceed in the same way as are usual in like cases in the superior courts. All other sales shall be made under rules prevailing and governing in the superior courts. All execution issuing from said city court shall be attested in the name of the judge and signed by the clerk of said court, or his lawful deputy, and directed to all and singular, the sheriffs of said State and their lawful deputies. All bonds returnable to the superior court shall follow the case to the city court when so transferred, and the defendant in such case shall be bound to appear at said city court at its first monthly term sitting after such bill is transferred. Sheriff's sales. Sec. 33. Be it further enacted, That it shall be the duty of the

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justices of the peace and notaries public of Burke county to bind over to said city court all persons charged with offenses committed within the limits of Burke county over which said city court has jurisdiction. Criminal cases returnable to. Sec. 34. Be it further enacted, That traverse jurors in the city court of Waynesboro shall be procured in the following manner: The clerk of the city court of Waynesboro, or his deputy for said city court of Waynesboro, shall provide a city court jury box, and shall write upon separate sheets of paper or cards the names of each person upon the grand jury list and the traverse jury list of the superior court, and shall place the names of all said persons in the city court jury box, from which shall be drawn a traverse jury to serve in and for said city court of Waynesboro. All laws with reference to the drawing, summoning and empaneling jurors in the superior court shall apply to the city court of Waynesboro, except the judge of said city court shall only draw twenty-four jurors out of said box to serve, which shall constitute two panels, and shall be numbered one and two; and the sheriff of said city court shall only receive five dollars for summoning said jury, and the judge of the city court of Waynesboro shall have the power to summons as many jurors instanter as is necessary for the trial of any case in said city court when one or more panels shall be incomplete or be out on any case, when another jury case is called and parties thereto announce ready. Jurors in the city court of Waynesboro shall receive the same pay and be paid in the same manner and under the same rules and regulations as jurors in the superior court are paid or hereafter may be paid. Traverse jurors, how drawn. Sec. 35. Be it further enacted, That all laws in reference to the qualifications, relations, empaneling, challenging and fining of jurors now of force or hereafter enacted by the General Assembly regulating the same in the superior courts shall apply to and be observed in said city court, except when inconsistent with the provisions of this Act. In all cases that are to be tried by a jury the party shall be entitled to a panel of twenty-four from which to strike. In civil cases, each party shall be entitled to six peremptory challenges, and in criminal cases the defendant shall be entitled to seven peremptory and the State five; and all laws governing the selection of jurors in the superior court shall apply to the city court of Waynesboro, except when they are inconsistent with the provisions of this Act. At each quarterly term of said court the judge presiding shall, in open court, draw from the jury box provided for that purpose the names of twenty-four jurors, who

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shall constitute the jury for the next quarterly term thereof; provided, that if, from any cause, the jury shall not be drawn as aforesaid, the judge of said city court may draw them at some other time, after entering an order on the minutes of said court stating the reason why said jury was not drawn by him as hereinbefore provided. Juries, how empaneled. Sec. 36. Be it further enacted, That the defendants in criminal cases in said city court of Waynesboro shall be tried on written accusation, stating plainly the offense charged, founded on affidavit upon which the warrant issued. Said accusation shall be signed by the solicitor of said court and have indorsed thereon the name of such prosecutor. If the defendant demands a trial by a jury the judge of said court shall proceed with said cause, if at a regular term of said court, according to the rules and laws of the superior courts applicable to the trial of misdemenaors. If the defendant demands a trial by a jury, and the said court is not sitting at a regular quarterly term, the judge may admit the defendant to bail to appear at the next regular quarterly term, or, on defendant's failure to give bond, shall commit him to jail until the next regular quarterly term of said court. Unless defendant demands trial by jury, the judge shall proceed to hear and determine such criminal case; provided always, that a reasonable time may be granted to the State or to the defendant to procure witnesses. Criminal cases, trials of. Sec. 37. Be it further enacted, That in all criminal cases within the jurisdiction of the said city court of Waynesboro the defendant shall not have the right to demand an indictment by the grand jury of the county of Burke. Indictments. Sec. 38. Be it further enacted, That all civil cases and criminal, now pending and undisposed of in the city court of Waynesboro, established under an Act approved November 21, 1901, shall be, and the same are, hereby transferred to the said city court of Waynesboro, established under this Act. All final and other processes now in the hands of the sheriff, bailiff or other officer, which are made returnable to the city court of Waynesboro, approved November 21, 1901, as aforesaid, shall be by them returned to said city court of Waynesboro established under this Act, instead of the city court of Waynesboro, approved by an Act of November 21, 1901, as above referred to. The judge and other officers of said city court shall have power and authority to issue and enforce the same, in the name of said city court, any and all processes in any case from the city court of Waynesboro, established

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under an Act approved November 21, 1901, necessary to the final disposition of the same, which from any cause have not been issued or enforced by the officers of said city court, established under said Act approved November 21, 1901. All records, books and papers disposed of and of file in said city court, established by said Act of the General Assembly of the State of Georgia, approved November 21, 1901, shall be filed and deposited with the clerk of the city court of Waynesboro, established under this Act during the present session of the General Assembly of the State of Georgia. That all fi. fas. and final processes not satisfied, now in the hands of the sheriff or deputy sheriff of the city court of Waynesboro, as established on November 21, 1902, shall be levied and enforced by the sheriff or deputy sheriff of said city court of Waynesboro established during the present session of the General Assembly of the State of Georgia. Cases pending in and record of for mer city court transferred. Sec. 39. Be it further enacted, That whenever the judge of said city court is from any cause disqualified from presiding, and the judge of the superior court can not from any cause preside in said court, as provided for in the Constitution, then, upon consent of the parties or upon their failure or refusal to agree, said cause shall be tried by a judge pro hac vice, selected in the same manner as is now provided for in the superior courts. Judge pro hac vice. Sec. 40. Be it further enacted, That there shall be a stenographer of the city court of Waynesboro appointed by the judge thereof, and all civil cases in said court may be reported at either the request of the plaintiff or defendant, and the fee for reporting such cases shall be the same as is allowed for similar services in the superior court, to be paid by the plaintiff and defendant equally, and in final disposition of the case to be taxed against the losing party as other cost; and said city court stenographer shall have the same right to inforce the payment of his fee as is provided by law for the enforcement of the fees of the stenographer of the superior court. Stenographer. Sec. 41. Be it further enacted, That said court shall be a court of record, with a seal and the minutes, stationery, books, records, documents and files that are required to be kept in the superior court shall be kept in and for said city court, and the commissioners of roads and revenues of Burke county shall provide and furnish all such and pay for the same out of the county treasury of Burke county. Court of record. Sec. 42. Be it further enacted, That the county board of commissioners

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of Burke county shall provide a suitable place for the holding of said city court and office for the judge thereof. Court room and judge's office. Sec. 43. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903. COUNTY COURT OF BULLOCH ABOLISHED. No. 290. 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 Bulloch, 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 Bulloch, and the county court of said county of Bulloch is hereby abolished; provided, however, that this Act shall not go into effect until the passage of an Act creating the city court of Statesboro, in and for the county of Bulloch. County court of Bulloch abolished. Sec. 2. That all the papers, books, suits, mesne and final processes, of whatever nature, and all criminal cases and business now pending in the county court of Bulloch county be, and the same is, hereby transferred to the city court of Statesboro, where said court is established for trial and final disposition. Cases and records transferred. Sec. 3. That all laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 6, 1903. COUNTY COURT OF MACON, CLERK OF. No. 297. An Act to constitute the clerk of the superior court of Macon county Georgia ex officio clerk of the county court of said county, to prescribe his compensation, 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 the clerk of the superior court of Macon county shall be ex officio clerk of county court of Macon county, and in his official connection with said court shall be known as the clerk of said county court, whose duties and powers shall be the same as embodied in section 4187, volume 2 of the Civil Code of 1895. County court of Macon, clerk of. Sec. 2. Be it further enacted by the authority aforesaid, That the judge of said county court is hereby empowered to exercise the same authority over said clerk as is exercised by the judge of the superior court over the clerks of the superior courts of the counties of Georgia. Judge's authority. Sec. 3. Be it further enacted by the authority aforesaid, That the fees of the clerk of said county court shall be as follows: In cases where the amount sued for is $100.00 or less, $2.00; in cases where the amount sued for is more than $100.00, $4.00; in the foreclosure of mortgages, $3.00; for possessory warrant cases and the like, $3.00; for issuing subp[oelig]nas, each 15 cents. Said clerk shall be entitled to and have the same fees in all criminal cases tried in said county court as are allowed clerks of the superior court for a like service; and where no compensation is provided by law for a service performed by said clerk, then, and in that event his fees for said service shall be fixed by the judge of said court. Fees of clerk. Sec. 4. Be it further enacted by the authority aforesaid, That all costs due said clerk which have not been collected by reason of insolvency, nolle prosequi, discharge of defendant or otherwise, shall be paid said clerk from fines, convict hire and forfeitures paid to the county treasurer from cases tried and convicted in said county court. Insolvent costs. Sec. 5. Be it further enacted, That all bills of insolvent costs accruing to said clerk be ordered paid by the judge of said county court, and that the county treasurer of said county shall be, and he is, hereby authorized and required to pay the same out of the funds specified in section 4 of this Act. Insolvent costs. Sec. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 6, 1903.

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COUNTY COURT OF OCONEE, SOLICITOR, FEES OF. No. 391. An Act to amend an Act approved December 14, 1889, amending an Act approved December 18, 1884, providing compensation for the solicitor of the county court of Oconee county, so as to amend the first section of said Act approved December 14, 1889, by providing that the solicitor of said court shall receive ten dollars on each case prosecuted on accusation instead of five dollars as now provided in said 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 authority of the same, That section 1 of an Act approved December 14, 1889, entitled an Act to amend an Act approved December 18, 1884, providing compensation for the solicitor of the county court of Oconee county, be, and the same is, hereby amended by striking the word five in the beginning of the ninth line of the second section of said Act and inserting in lieu thereof the word ten, so that said section, when amended, shall read as follows: Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the first section of the above recited Act be, and the same is, hereby amended by inserting after the word guilty in the eighth line, on accusation, and five dollars in each case prosecuted to trial or plea of guilty on indictment or presentment found by the grand jury, so that said section, when amended, shall read as follows: That the said solicitor of the county court shall receive as his compensation ten dollars in each case prosecuted to conviction or plea of guilty on accusation, and five dollars in each case prosecuted to trial or plea of guilty on indictment or presentment found by grand jury, which shall be charged as part of the costs in each case; and in case the costs can not be recovered from the defendant, the said costs of the county solicitor shall be paid out of the fines and forfeitures of said county court. County court of Oconee county, solicitor's [Illegible Text] Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903.

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TITLE II. EDUCATION. ACTS. Amity school district in Lincoln county incorporated. Arlington, public school system for established. Bowman public school district established. Bronwood school district in Terrell county incorporated. Camilla, public school system for established. Canon public school district in Franklin and Hart counties established. Concord school district in Pike county incorporated. Cusseta, school buildings for. Dole's school district in Worth county created. Dooling school district in Dooly county incorporated. Elizabeth school district in Cobb county incorporated. Fillyaw's school district in Worth county established. Fort Valley, school buildings for. Franklin school district in Heard county incorporated. Hazlehurst, public school system amended. Kensington school district in Walker county incorporated. LaGrange, public school system amended. Lawrenceville, public school system amended. Lenard school dist ict in Cobb county incorporated. Maysville, Board of Education for. Milner school district in Pike county incorporated. Mount Vernon school district in Dooly county incorporated. Mount Zion school district in Cobb county incorporated. Oak Grove school district in Dooly county incorporated. Oakland school district in Dooly county incorporated. Olive Springs school district in Cobb county incorporated. Parrott school district in Terrell county incorporated. Pierce county, public school system for established. Pierce county, school buildings for. Pineview school district in Wilcox county incorporated. Pleasant Valley school district in Dooly county incorporated. Sasser school district in Terrell county incorporated. Smyrna school district in Cobb cou ty incorporated. Snow school district in Dooly county incorporated. Sylvania, public school system for abolished. Upshaw school district in Cobb county, Act incorporating amended. Wadley public school system amended. Waresboro school district in Ware county incorporated

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AMITY SCHOOL DISTRICT IN LINCOLN COUNTY INCORPORATED. No. 421. An Act to incorporate the Amity school district, in Lincoln 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 said district, both white and colored, shall be vested in five trustees, who are hereby constituted a body corporate under name and style of the trustees of the Amity school district, and by that name and style shall have perpetual succession; shall have a common seal, and shall have power to purchase, have, hold, receive, enjoy, possess and retain to them and their successors in office for school purposes any estate or estates, real or personal, of whatever kind or name, within the jurisdictional limits of said district, and shall by 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 intentions 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. Amity school district, trustees incorporated. Corporate powers. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said district shall be as follows: bounded on west by Wilkes county line, on north by Little river, on east by Lloyd's [Illegible Text] following north prong to ford; thence bounded on [Illegible Text] by a westerly course line to said Wilkes county line, near the residence of Leonard Dunnaway, so as to embrace T. A. Shank's and L. Dunnaway's homesteads within said Amity school district. Corporate limits. Sec. 3. Be it further enacted by the authority aforesaid, That A. E. Strother, S. R. Edwards, H. R. Culbertson, R. B. Edmunds, W. O. Graves 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

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shall take place on the first Monday in January in each year. That term of one of the trustees shall be for one year from the time of election, one for two years, one for three years, and 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. 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 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 school-houses 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 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 the said district not in conflict with the provisions of this Act or the laws of this State. Trustees, powers of. Sec. 6. 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 Lincoln 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 school of said district may be entitled under the rules of distribution under which the county board of education of Lincoln county assigns to the schools their pro rata share of the public school funds. Pro rata share of school fund for county. Sec. 7. 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 half of one per cent. on all the taxable property in said district, said tax to be paid on or before the fourteenth day of October of each year; said

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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 schools of said Amity school district. School tax. Sec. 8. Be it further enacted by the authority aforesaid, That in case any school property acquired by said board of trustees under any provision of this Act or otherwise be sold, the fund derived from such sale shall be reinvested in other property to be used for school purposes. School property, proceeds from sale of. Sec. 9. 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 said 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 elections for county officers in Lincoln county; and the legally qualified voters only of said school district will be allowed to vote in said ratification at said election. Those favoring the public schools shall have printed or written on their ballots For legal taxation for public school, and those opposed to public schools shall have written or printed on their ballots Against legal taxation for public schools; and if two thirds 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 taxation for public schools. Sec. 10. 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 this report with the treasurer's report of a full and itemized statement of all moneys received and expended by said board. Reports of trustees. Sec. 11. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903.

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ARLINGTON, PUBLIC SCHOOL SYSTEM FOR ESTABLISHED. No. 404. An Act to establish a public school system in the town of Arlington, Ga., situated in the counties of Calhoun and Early; to extend the limits of said town for the purposes of this Act; to empower the mayor and town council of said town to levy and collect a tax for the support thereof; to make a board of school commissioners for said town, and to provide for their election; to authorize the State School Commissioner of said State to turn over to said school board such part of the State school fund as may be the full and pro rata share of said town; to provide a tuition fee for all pupils attending said schools under or over school age, and residing outside said school 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 from and after the passage of this Act there shall be established in the town of Arlington, Georgia, situated in the counties of Calhoun and Early, a system of public schools to be maintained and supported as provided for in this Act. Arlington, public school system for. Sec. 2. Be it further enacted, That the corporate limits of said town of Arlington shall be extended for the purposes of this Act one and one half miles from the present corporate limits of said town, so that the corporate school limits of said town shall extend two miles in every direction from the depot of the Central of Georgia Railway Company in said town of Arlington, and the jurisdiction of the said town of Arlington for all the purposes of this Act shall extend over said territory. Corporate limits. Sec. 3. Be it further enacted, That the management and control of all schools in said town shall be vested in a board to be known as the Board of School Commissioners of the Town of Arlington, 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 commissioners incorporated.

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Sec. 4. Be it further enacted, That any person qualified to vote for members of the General Assembly, and living within said school limits, shall be eligible to election as a member of the board of school commissioners of said town. Eligibility. Sec. 5. Be it further enacted, That J. M. Johnson, G. W. Riley, G. R. Colley, H. M. Calhoun, J. S. Cowart, R. H. Bostwick and G. L. Collins shall be, and are, hereby constituted the board of school commissioners of said town, to carry into effect the provisions of this Act until the regular election of the members of said board, which shall take place on the fourth Tuesday in May every other year. The first election to be held under this Act shall be held on the fourth Tuesday in May, 1904, at the council chamber in the town of Arlington, under the same rules and regulations as the election of mayor and council of the town of Arlington, at which time three of said commissioners shall be elected for two years and four for four years; and when so elected shall hold office for their respective terms, and until their successors are elected. Their successors in office shall serve for a term of four years, beginning on the first of July after their respective elections. The board of school commissioners shall fill all vacancies occurring in said board at any time between the dates of the elections, and the persons herein named shall serve until the first election above specified. Commissioners pro tem. Election of commissioners. Terms of office. Sec. 6. Be it further enacted, That said board of school commissioners shall, as early as practicable each year, by resolution require the mayor and council of said town to levy and collect an ad valorem tax on all taxable property within the corporate school limits of said town for school purposes for that year, an amount not to exceed one fourth of one per cent., and when so collected to be turned over to said board of school commissioners promptly, to be used for the purposes of this Act; and it shall be the duty of the said mayor and council of said town, when such resolution is passed and presented to them, to levy, collect and turn over said tax money as provided in this Act. School tax. Sec. 7. Be it further enacted, That said board of school commissioners shall immediately after this Act goes into operation organize by electing a chairman, a vice-chairman, secretary and treasurer from their own number. No member shall receive compensation for his services except the secretary and treasurer, whose compensation shall be fixed by the board of school commissioners at the beginning of his term, and shall not thereafter be changed during said term. The secretary and treasurer shall give good

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and sufficient bond, to be fixed by said board of school commissioners, and to be made payable to that body and their successors in office, which bond shall be approved by the chairman of the board of school commissioners. Officers of board. Sec. 8. Be it further enacted, That the State School Commissioner shall pay over directly to the officer designated by said board of school commissioners the pro rata share of the State school funds due and coming to the children residing in said school limits and taught in the schools under this Act, to be expended by said board in the maintenance of said schools. Pro rata share of State school fund. Sec. 9. Be it further enacted, That said board of school commissioners shall have the power to adopt a system of public schools in said town, to elect a superintendent and prescribe his duties, and to remove him for cause, in their discretion; to employ, suspend or remove teachers, and to fix their compensation by salary or otherwise; to provide school buildings, 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 this State, and to do any and all things promotive of the above educational interests of said town not in conflict with the provisions of this Act or the laws of this State; provided, said board of commissioners shall not have power to purchase property or sell it without the consent of the majority of the qualified voters of said corporate school limits, to be ascertained by an election to be held for that purpose, notice of which election shall be given by said board of commissioners for twenty days prior to the holding of same, and which election shall be held in accordance with the laws governing the election of mayor and council of said town, and in which election the returns shall be made to the board of commissioners, who shall publish the same. Any citizen living within said school limits may contest the legality of said election or the correctness of said returns in the same manner as contests are made in elections of mayor and council of said town. Board, powers of. Sec. 10. 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 said board of school commissioners. The curriculum in said schools shall be only such as is taught in the system of public schools maintained by the State, except for pupils wishing to study the higher branches of education, in which event the school commissioners may provide for a higher curriculum on such terms as they may

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deem best. 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 the corporate school limits of said town, shall be admitted to the aforesaid schools, white children into the white school, and the colored children into the colored school, upon the payment of such admittance fee only as the board of school commissioners may deem necessary. The 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 said board of school commissioners, not in conflict with the laws of this State. Scholastic year. Curriculum. White and colored schools Non-resident pupils. Sec. 11. Be it further enacted, That the boards of education of Calhoun and Early counties shall not establish any other schools or contract with any other person to teach a school of any character in the school limits of said town, nor shall any of the State school funds be paid to any other school in said school limits of said town than the schools herein provided for. Other schools. Sec. 12. Be it further enacted, That the taxes provided for in this Act shall be returned, levied and collected as the ad valorem taxes of the municipality of the town of Arlington are returned, levied and collected, except said tax shall be returned, levied and collected for school purposes only, and shall be kept separate from the funds of said municipality, and shall be as soon as collected turned over by the officers of said town to said school board, and shall embrace all the taxable property within the corporate school limits of said town. The officers of said town whose duty it is to collect the taxes of said town are hereby authorized, empowered and required to collect the taxes provided for in this Act; and the clerk of the town council may issue executions in the name of the mayor of said town to enforce the collection of said taxes, and the marshal of said town, or the sheriffs of Calhoun or Early county, is hereby authorized and empowered to levy, and by sale or otherwise collect said taxes in the same manner as the taxes for the municipality of the town of Arlington are collected. School tax, how collected. Sec. 13. Be it further enacted, That as early as practicable after the passage and adoption of this Act the board of school commissioners of said town shall cause a survey to be made and establish the lines of said school limits, and shall cause a census to be made of all the children between the ages of six and eighteeen years residing within the school limits of the said town of Arlington. There shall be paid to said board of school commissioners of the

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town of Arlington by the school commissioners of Early county the pro rata share of all funds other than free school money for educational purposes from any source to which the children residing in Early county and within said school limits of said town may be entitled. School limits and census. Sec. 14. Be it further enacted, That before this Act shall become operative its adoption shall be submitted to the legally qualified voters residing within the corporate school limits of said town; for which purpose the persons hereinbefore named as school commissioners shall, within ten days after its passage, order an election, of which ten days' notice shall be given by posting in three conspicuous places in said corporate school limits and an additional notice in the Calhoun County Courier, 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 and council of the town of Arlington. Twenty days before said election is held said board of school commissioners shall cause a registration book to be opened for the registration of all legally qualified voters residing within said corporate school limits of said town, notice of which and the person with whom said book is left shall be given by said commissioners by posting in three conspicuous places and publishing in the Calhoun County Courier five days prior to the opening of said registration book. Said registration book shall remain open for the registration of voters until five days prior to the day of said election, when the same shall be closed; and said board of school commissioners acting as a board of registrars shall pass upon the qualification of said voters and shall prepare a voters' list and furnish same to the managers of said election, and no one shall be allowed to vote in said election who is not a bona fide resident living within said school limits, and who has registered as prescribed in this Act. All persons desiring to register for said election shall take and subscribe the same oath as is provided by the State of Georgia for elections, and their qualifications shall be the same as is required by the State to vote for members of General Assembly, except as to residence; and all bona fide residents of said school limits having resided within same for ninety days prior to said election shall be allowed to register and vote in said election. At said election those favoring public schools shall have written or printed on their ballots For public schools, and those opposing public schools shall have written or printed on their ballots Against public schools; and if two thirds of the qualified voters of said corporate school limits in said election

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shall vote for public schools this Act shall become immediately operative, and said board of school commissioners shall put said schools in operastion as early as practicable. Should the result of the election herein provided for be against public schools the board of school commissioners of said town may order another election once every year thereafter until public schools are adopted. The registration herein provided for shall apply to all subsequent elections held under this Act. Election for public schools, how held. Sec. 15. Be it further enacted, That the board of school commissioners 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 report with the treasurer's report, with a full and itemized statement of all the moneys received and expended by said board. Reports of commissioners. Sec. 16. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 18, 1903. BOWMAN PUBLIC SCHOOL DISTRICT ESTABLISHED. No. 316. An Act to establish a local public school district for Bowman and vicinity, to be known as Bowman public school district; to create a board of trustees; to elect teachers, handle and control the public school fund, and fix the time the public school shall commence, 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 the schools of all kinds in the territory hereinafter set out shall be in trustees, to be elected by the qualified voters of the territory hereinafter set out on the day of , 1903, which election shall be held under the general election laws now of force in the State of Georgia, who shall hold their office as trustees for two years and until their successors are elected and qualified. Said trustees shall constitute a board of education of Bowman 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

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to themselves and their successors in office for school purposes any real or personal property within the jurisdictional limits of said district (as hereinafter set out), and shall by that name be capable of suing and being sued. Bowman school district, trustees for incorporated. Sec. 2. Be it further enacted, That the limits of the Bowman school district shall be as follows: Commencing at Holly Springs church, on the Hart county line, following said line to little Holly Springs; thence on a straight line to Miss Nancy Ginn's old home place; thence on a straight line to W. H. King's home place; thence on a straight line to W. R. Rice's home place; thence on a straight line to Joe Barton's home place; thence on a straight line to Stephen Jordan's home place; thence on a straight line to beginning point at Holly Springs church. Corporate limits. Sec. 3. Be it further enacted, That the trustees elected as above provided shall have the exclusive control of said schools, and shall have power to elect and discharge teachers, and shall also have the power to make such rules and regulations for the management of said schools as they see fit and proper. Trustees, powers of. Sec. 4. Be it further enacted, That the county school commissioner of Elbert county shall be authorized and required to turn over to the treasurer selected by the trustees all moneys coming into his hands in proportion to the amount the above named district would be entitled to under the law of the State. Pro rata part of county school fund. Sec. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 12, 1903. BRONWOOD SCHOOL DISTRICT IN TERRELL COUNTY INCORPORATED. No. 450. An Act to incorporate the Bronwood school district, in Terrell county, State of Georgia; to define the boundaries of the same; to regulate the management of schools in said district; to provide revenue and the distribution of the same for said schools; to provide for the election of five trustees, and to confer on them certain powers, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That

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from and after the passage of this Act the management and control of all schools in the Bronwood district be vested in five men, who shall constitute a board of trustees of the Bronwood 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 hereinafter described), and shall by said name be capable of suing and being sued in any court of law or equity in this State. Bronwood school district, trustees for incorporated. Sec. 2. Be it further enacted by the General Assembly of the State of Georgia, That the incorporate limits of said district shall include all the territory lying in the county of Terrell, State of Georgia, included within the following described limits, to wit: beginning at the southeast corner of lot of land number 175, in the 12th district of said county, the line runs east along the land line to the southwest corner of lot of land number 173, in said district; thence north along the land line to the northwest corner of lot of land number 148, in said district; thence west along the land line to the northeast corner of the west half of lot of land number 151, in said district; thence south to the southeast corner of the west half of lot of land number 170, in said district; thence east to the southeast corner of lot of land number 171, in said district; thence south to the southeast corner of lot of land number 182, in said district; thence east to the southeast corner of lot of land number 181, in said district; thence south to the southeast corner of lot of land number 213, in said district; thence west along the land line to the southwest corner of lot of land number 216; thence north to the southwest corner of lot number 184; thence west to southwest corner of lot number 185; thence north to southwest corner of lot number 168; thence west to southwest corner of lot number 167; thence north along the land line to the southwest corner of lot number 58; thence east along the land line to the 13th district line; thence south along said district line to the starting point. Corporate limits. Sec. 3. Be it further enacted by the authority aforesaid, That T. A. Chappell, C. W. Gunnells, E. Kersey, J. L. Murray and H. F. McNeal 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 first Tuesday in December of each year. The term of one of the trustees to be elected shall be for one year from the time of election, one for two years, one for three years, one

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for four years and one for five years. Their successors in office shall serve for a term of five years, and each member dating from the time of his election. The board of trustees shall fill all vacancies. Trustees pro tem. Sec. 4. Be it further enacted by the authority aforesaid, That said board of trustees shall organize by electing a president, vicepresident, secretary and treasurer from their own number, and no member shall receive compensation for his services except the secretary, the compensation for whose 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 said schools; to suspend or remove teachers or superintendent; to fix their compensation; to provide school-houses by rent, building, purchasing or otherwise; to make and hold title to such property, and to make such rules and regulations for the government of themselves and such schools as they may deem proper which are 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 which are not in conflict with 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 and not more than ten months in each year, under the provisions of this Act, not less than one school for white children and not less than one school for colored children within the said district. No white child shall be admitted into the school established for colored children, and no colored child shall be admitted into the school established for white children. All children entitled to the benefit of the public school under the laws of this State, and whose parents, guardians or natural protectors, bona fide reside within the corporate limits of said district, shall be admitted into the aforesaid school upon the payment of such admittance fee only as the board of trustees may prescribe. 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 fixed by the board of trustees not in conflict with the laws of this State. Scholastic year. White and colored schools. Non-resident pupils. 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 Terrell county, and he is hereby required, to pay over to the said board of trustees, or the treasurer thereof,

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under such rules as the county board of education may provide, the portion of the public school fund of the county of Terrell 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 Terrell county receives its pro rata share of the school fund. Pro rata share of county school fund. Sec. 8. Be it further enacted by the authority aforesaid; That as early as is practicable after the ratification of this Act, and by the fourth Monday in June of each year succeeding, the board of trustees shall determine what amount of money it will be necessary to raise by taxation to defray the expenses of said schools for the scholastic year, and said board shall, through their offices, be required to levy and collect the same, provided said amount does not exceed one half of one per centum of the taxable property of said district, in the same manner as other taxes in the town of Bronwood, 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 admittance and 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 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 Terrell county shall not establish any other schools, grant any license to, or contract with any other person to teach a school of any character in said district, nor shall any of the State school funds be paid to any school in said district other than the schools herein provided for. Other schools. Sec. 10. Be it further enacted by the authority aforesaid, That in case any school property acquired by said board of trustees under the 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, proceeds from 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 days' notice shall be given by posting in three conspicuous places in said district, which election shall be held by any three freeholders, and the legally qualified voters only of said district will

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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 qualified voters of said district in said election be For legal taxation for public schools this Act shall become operative. Should the result of the election herein provided for be against public schools the board of trustees for said district may order other elections once every six months thereafter until public schools are adopted. Election for taxation for public 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 trustees. Sec. 13. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. CAMILLA, PUBLIC SCHOOL SYSTEM FOR ESTABLISHED. No. 412. An Act to create the Camilla school district, coextensive with the corporate limits of the town of Camilla as defined in the charter of said town of Camilla, as amended by the Act of the General Assembly approved September 11, 1891; to establish a system of public schools therein; to provide for a board of education therefor, and define their powers; to empower said board of education to levy and collect a tax for the maintenance of said public school system; to require the county school commissioner of Mitchell county to pay over to said board of education such part of the State school fund as may be the pro rata share of said district, 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 ratification of this Act, as hereinafter provided, the Camilla school district, coextensive with the corporate limits of the town of Camilla, in Mitchell county, as defined by the charter

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of said town, as amended by an Act approved September 11, 1891, shall be created and established; said district embracing all of the inhabitants and territory within a radius of town miles of the center of the place where the court-house of Mitchell county stood on September 11, 1891. Camilla, public school system for. Sec. 2. Be it further enacted by the authority aforesaid, 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 of the Camilla school district, composed of nine persons, each of whom shall be a bona fide male resident of said school district, not under thirty years of age, which board shall, with that name and style, be a body politic and corporate and shall have perpetual succession and have and use a common seal, have the right to sue and be sued, and shall have power to purchase, receive, use and hold to them and their successors in office, for school purposes, any estate, real or personal; and the title and control of the buildings and lots now occupied by the Camilla High School and by the Camilla Colored Academy, and all personal property and fixtures connected therewith or used in the operation of said school or said academy situated in said town of Camilla, shall from and after the ratification of this Act, be vested in said board of education. Board of education incorporated. Corporate powers. Sec. 3. Be it further enacted by the authority aforesaid, That for the purpose of ascertaining whether or not the provisions of this Act shall go into effect, the mayor and council of said town of Camilla shall within sixty days of the passage of this Act call an election to be held at the court-house of said town, to be governed by the rules usually applying to elections held in said town of Camilla (except as is otherwise provided in this Act), after giving notice of said election once a week for thirty days in the public gazette in which are published the legal advertisements of the county of Mitchell, and which shall specify the time and place of holding said elections, and the purpose thereof; at which election all persons qualified to vote in said county for members of the General Assembly, and who shall have registered as hereinafter provided, and who shall have resided in said district and corporate limits, as above described, for sixty days immediately preceding such election, shall be allowed to vote. Those who favor the ratification of this Act shall have written or printed on their ballots the words For public schools, and those opposing such ratification shall have written or printed on their ballots the words Against public schools; and if two thirds of said voters who have registered for said election shall cast ballots with the words For public

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schools written or printed thereon, this Act shall become operative on the day of said election. Should the result of said first election herein provided for be against the ratification of this Act, the mayor and council of said town may order other elections, not less than twelve months apart, until this Act shall be ratified, to be held in the same manner and under the same rules and regulations as the first election provided for above. Thirty days before any election shall be held under this Act the clerk of council of said town of Camilla shall open a registration book and shall keep the same open for the registration of voters from eight o'clock a.m. until four o'clock p.m. each day, two hours at mid-day being excepted, except Sundays and legal holidays, and until five days before said election, at which time he shall turn said registration books over to three registrars to be chosen by the mayor and council of said town not more than fifty nor less than ten days before each election to be held under this Act, which registrars shall make a list of registered voters for said district, and said registration and the making of said list and all other steps by all officers in connection therewith shall be in the same manner and under the same rules and regulations as are provided in the general registration law of this State approved 17th day of December, 1894, so far as the same may be applicable to the circumstances of the case. At the time of each election to be held as aforesaid for the purpose of ascertaining whether or not the provisions of this Act shall go into effect, the voters at each of said elections shall also elect nine members of said board of education, the nine persons receiving the highest number of votes at said election to be declared elected, their election to be void unless, at the same time, this Act is ratified. At the first regular meeting of the mayor and council of the town of Camilla occurring after their said election the various terms of office of the members of said board of education thus first elected shall be determined as follows: nine cards or slips of paper of the same size and appearance shall be prepared, on each of which the clerk of council of the town of Camilla shall write the name of one of said members so first elected, not writing the same name on more than one of said cards or slips of paper, and said cards or slips shall then be thoroughly shaken in a box, to be prepared for that purpose by said clerk, and then the mayor shall, in open session, and while blindfolded, draw from said box first three of said cards or slips of paper, and the members of the board of education whose names appear on said three cards or slips first drawn shall hold office until the first Wednesday in September

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following their election and one year thereafter; then said mayor shall in like manner draw out from said box three more of said cards or slips of paper, and the members of said board of education whose names appear thereon shall hold office until said first Wednesday in September and three years thereafter; and the members of said board of education whose names appear on the three cards or slips of paper then remaining in said box shall hold office until said first Wednesday in September and five years thereafter. On the first Wednesday in the second September occurring after the ratification of this Act, and on the first Wednesday in September every two years thereafter, there shall be held a regular election for three members of said board of education to succeed those whose terms of office are then about to expire, which election shall be held in the same place and under the same rules and regulations, both as to registration and as to the conduct of the election, as said elections to be held to determine whether or not the provisions of this Act shall go into effect, and the terms of office of said members so elected shall be for six years and until their successors are elected and qualified. In case of a vacancy occurring in said board of education by reason of death, resignation, removal or other cause than the regular expiration of a member's term of office, such vacancy shall be filled by an election by the remaining members of said board of education, and the member so elected shall hold office until the next regular election for members of said board of education occurring under this Act, at which time a member shall be elected by the voters to fill the unexpired term of said member deceased, resigned or removed, in the same manner as elections are held for members for the full term. In all elections held under this Act the managers thereof shall consolidate the returns and declare the result, and shall reduce such consolidation and declaration of the result to writing and file the same with the clerk of the council of the town of Camilla, who shall record the same on the minutes of the mayor and council of said town; and said clerk shall also record the result of said drawing provided for in this section to determine the terms of office of the members of said board of education first elected. All members of said board of education, however elected, shall, at the next regular meeting of the mayor and council of the town of Camilla occurring after his election, or at any call meeting thereof, qualify by taking and subscribing an oath before the mayor of said town, which oath shall be taken and subscribed in open session of said mayor and council, and shall be as follows: I, , do solemnly swear

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that I will faithfully and honestly discharge all of the duties imposed upon me by law as a member of the board of education of the Camilla school district without partiality, and shall never, by any vote or act of mine, introduce any sectarianism into the management of the public schools of said district. Said oath shall be recorded by the clerk of the council of the town of Camilla on the minutes of the mayor and council thereof. Said board of education shall at all times adopt such rules and regulations for the government of themselves and other officers and agents connected with the operation of said schools as they think best, and shall elect such officers, teachers and agents for the carrying out the provisions of this Act as they may think best for the interest of said schools, and fix the salaries thereof; provided, said members of said board of education shall have no compensation whatever, and shall have power to suspend or remove for proper cause any officer or teacher or agent employed in or connected with the operation of said schools; provided, that said board of education shall not provide any additional officer to perform any of the duties herein mentioned when an officer is already provided by this Act for the performance thereof. The clerk of council of the town of Camilla and the treasurer of the town of Camilla shall be, respectively, ex officio clerk and treasurer of said board of education, and shall give such additional bond and security for the performance of their duties and for the faithful accounting for all moneys intrusted to them by said board of education, and all other funds coming into their hands to be used for the benefit of said school, as the said board of education may require. Elections for public schools. Members of board, how elected. Vacancies in board, how filled. Oath of members. Clerk and treasurer of board. Sec. 4. 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 in and for said district; to establish such scholastic year for such schools as they may see fit, and to establish and regulate such tuition and incidental fees as they may see fit to require of pupils entering said schools, and may charge the children of non-resident parents and guardians more than is charged those that are residents of said district; to prescribe a curriculum for said schools and the text-books, charts and other appliances to be used therein; and shall be the exclusive judges of the qualifications of teachers and other officers and agents employed by them in the operation of said schools. Said board of education shall have power and authority to assess the value of all property, real and personal, subject to taxation under the provisions of this Act, and to double tax tax defaulters, and to revise

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and amend all tax returns made by taxpayers under this Act (which are hereby required to be made under oath), with a view of requiring all property within said school district to be placed upon the tax digest at its full market value, and to make all taxes uniform upon all property; and the clerk of said board is hereby authorized and empowered to administer such oath, to be appended to said tax returns, as the said board of education shall prescribe. Powers of board. Sec. 5. Be it further enacted by the authority aforesaid, That immediately after the ratification of this Act, and by the first Wednesday in January of each succeeding year, the said board of education shall levy such ad valorem tax on the taxable property in said district as will, in their judgment, when added to the other funds coming into their hands for school purposes, defray the expenses of maintaining and operating the schools of said district for the then current year, to be collected as hereafter set forth; provided, that the said tax shall never exceed one fourth of one per cent. per annum. Said tax shall be collected annually on the first day of November by the clerk of said board of education, who is hereby constituted tax-collector for said school district, and as such, required to issue fi. fas. against all defaulting taxpayers on the first day of January of each year, and place the same in the hands of the marshal of said town, who is empowered to levy and collect said tax fi. fas. in the same manner that he levies and collects tax executions against tax defaulters of said town; and when said taxes are collected by said clerk the same shall be turned over to the treasurer of said board of education. Except as is otherwise provided in this Act, said tax shall be collected in the same manner and under the same rules and regulations as provided for the collection of the ad valorem taxes of the town of Camilla. The treasurer of said board of education shall pay out funds coming into his hands in any manner to be used for the maintenance of said public schools only on warrants signed by the president of said board of education and countersigned by the clerk of said board, when audited and allowed by said board of education. School tax. Sec. 6. Be it further enacted by the authority aforesaid, That it shall be the duty of said board of education to have made, as soon as practicable after the ratification of this Act, and during the month of June in the second year after the ratification of this Act, and biennially thereafter, a census of all the pubils and children residing in said district entitled to State school funds; and as soon as practicable after the making of said census they shall furnish to the county school commissioner of said county a certificate

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showing the number of such pupils or children, and said county school commissioner shall pay over to the treasurer of said board of education such a proportion of the education fund of said county as said pupils or children are entitled to under the rules of distribution prescribed by law, including their proportion for the year current at the time of the ratification of this Act. School census. Pro rata share of county school fund. Sec. 7. Be it further enacted by the authority aforesaid, That the said board of education shall have the power and authority to preserve, repair and keep insured any and all property held by them under this Act, and make any and all contracts necessary or proper in relation thereto. Board, power to contract. 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. Repealing clause. Approved August 18, 1903. CANON PUBLIC SCHOOL DISTRICT IN FRANKLIN AND HART COUNTIES ESTABLISHED. No. 399. An Act to establish a local public school district in the counties of Franklin and Hart, to be known as the Canon public school district; to define the boundaries of the same; to regulate the management of schools of the 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 Canon public school district, and by that name and style shall have perpetual succession; shall have a common seal, and shall have power to purchase, have, hold, receive, enjoy, possess and retain to them and their successors in office, for school purposes, any estate or estates, real or personal, of whatever kind or name within the jurisdictional limits of said district, and shall by 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

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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. Trustees of Canon public school district incorporated. Corporate powers. Sec. 2. Be it further enacted, That the corporate limits of said district shall be as follows, to wit: Commencing at the 25-mile post on the E. A. L. R. R., running in N. W. course to Alex White bridge near Bowers and Duncan mill; thence making Double Branch creek the line to ford on public road below Duncan's mill; thence to Poplar Springs Campground, including D. C. Osborn's residence; thence straight line by A. J. Owens' residence to Canon and Manley militia district line; thence east with and same course of said line of said district to Beaver Dam creek, in Hart county; thence up said creek to ford on Ruckerville road; thence in straight line to said 25-mile post, beginning point. Corporate limits. Sec. 3. Be it further enacted, That A. J. Owens, J. A. Duncan, A. N. Bowers, D. C. Osborne, L. D. Brown and J. W. Fowler shall be, and are, hereby constituted and appointed a board of trustees to carry into effect the provisions of this Act. Trustees pro tem. 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 school 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. Trustees, terms of office and powers. 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 elections, and who has paid all taxes and tuitions due said Canon public school district. Eligibility. 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

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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 of said board any member of said board of trustees who, by a majority vote of said board is found guilty of malfeasance or nonfeasance. Powers to remove. 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 of board. 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 Canon public 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 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 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

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property of the delinquent taxpayer in the same manner as State and county fi. fas. are levied. Said tax fi. fas. shall be a superior lien on the property of said delinquent taxpayer, except for State and county and municipal taxes. School tax, how collected. 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 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. Census. Pro rata share of State school fund. Sec. 13. Be it further enacted by the authority aforesaid, That the county school commissioners of Franklin and Hart counties shall pay over to the secretary and treasurer of said board their pro rata share of all school funds of Franklin and Hart counties for all children of school age in said counties attending said schools in said district who are non-residents of said school district. Pro rata share of county school fund. 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, and shall have power to select text-books for said schools. Control of schools. Sec. 15. Be it further enacted by the authority aforesaid, That the title of 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. Title to 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. Repealing clause. Approved August 18, 1903. CONCORD SCHOOL DISTRICT IN PIKE COUNTY INCORPORATED. No. 440. An Act to incorporate the Concord school district of Pike county; to define the boundaries of the same; to provide for the election of seven trustees and to confer on them certain powers; to provide revenue for said schools and to regulate their management, and for other purposes. Section 1. Be it enacted by the General Assembly of the State

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of Georgia, That from and after the passage of this Act the management of all schools in the Concord district be vested in seven (7) men, who shall constitute a board of trustees of the Concord 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. Concord school district, trustees of incorporated. Corporate powers. 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 number 81, 82, 83, 84, 85, 86, 87, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182 and 183, all being situated in the ninth district of Pike county, making a district of 49 lots, the town of Concord being near the center. Corporate limits. Sec. 3. Be it further enacted by the authority aforesaid, That J. W. Strickland, J. H. Smith, H. C. Oxford, J. H. Lee, J. E. Harris, G. M. Rawls and J. S. McDaniel 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 the first Saturday in June of each year. The term of one of the trustees to be elected shall be for one year from the time of election, one for two years, one for three years, one for four years, one for five years, one for six years and 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 have power to fill any vacancy that may occur in the board until the next election. Trustees p:o tem. Terms of. 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 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 the said board of trustees shall have power to design and adopt a system of public schools for said district, to elect a superintendent

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and employ teachers for same, and to fix their compensation; to suspend or remove superintendent or teachers; to provide school-houses by rent, building, purchase or otherwise; to make and hold titles to such property, and to make such rules and regulations for the government of themselves and said schools as they may deem proper and not in conflict with the laws of this State, and to do any and all things promotive of the best educational interest of said district, not in conflict with the provisions of this Act or 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 school in this State, and whose parents, guardians or natural protectors reside within the corporate limits of said district, shall be entitled to admission 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 year. White and colored schools. Non-resident pupils. 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 the said board may provide, not in conflict with the rules and regulations of the said 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 school their pro rata share of the school fund. Pro rata share of county school fund. Sec. 8. Be it further enacted by the authority aforesaid, That as early as practicable after the ratification of this Act, and by the fourth Saturday in June of each succeeding year, 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 of one per cent. of the taxable property of the said district, in same manner as other taxes of said town of

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Concord, 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 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 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 person to teach a school of any character in said district, nor shall any of the State school funds be paid to any school in said district other than the schools herein provided for. Other schools. Sec. 10. Be it further enacted by the authority aforesaid, That in case any school property 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, proceeds from 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 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 election for ratification. At said election those favoring public schools shall have printed or written on their ballots For local taxation for public schools, and those opposed to public schools shall have written or printed 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 taxation for public 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 the 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. Reports of trustees. Sec. 13. Be it further enacted by the authority aforesaid, That

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all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. CUSSETA, SCHOOL BUILDINGS FOR. No. 354. An Act to amend an Act entitled an Act authorizing and empowering the town council of the town of Cusseta to create a debt not to exceed twenty-five hundred dollars for the purpose of erecting and furnishing suitable school buildings for said town of Cusseta, etc., approved November 29, 1897, so as to authorize an increase of said debt to four thousand dollars; to provide for registration of voters and the election of trustees, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the above recited Act is hereby amended by striking therefrom the words twenty-five hundred in the third and fourth lines thereof and insert in lieu thereof the words four thousand, and by striking from the fourth line of said section the numerals in brackets $2,500, and inserting in lieu thereof $4,000, so that said section, when so amended, will read as follows: That the mayor and council of the town of Cusseta be authorized and required to issue bonds not to exceed in the aggregate four thousand dollars ($4,000) of the denomination of one hundred dollars ($100) each, to become due and payable at such time or times within twenty years after the date of the issue thereof as said mayor and council shall determine, and bear 6 per cent. interest per annum, payable annually, not to be sold under par. Cusseta may issue bonds. Sec. 2. Be it further enacted, That all of the first paragraph of section 7 after the word enacted down to and including the word appointed, be stricken and the following substituted therefor: That the mayor and council shall be, and they are, hereby authorized and empowered to regulate the number and to elect, so that said first paragraph of said section 7, when so amended, will read as follows: Be it further enacted, That the mayor and council shall be, and they are, hereby empowered to regulate the number and to elect a board of trustees for the Cusseta Institute,

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and also for the academy of the colored people of said town provided for in section 5 of this Act. Board of trustees for Cusseta Institute. Sec. 3. Be it further enacted, That section 10 of said Act be, and the same is, hereby amended by adding at the end thereof the following: The mayor and council, prior to any election to be held under this Act, shall provide for the registration of voters within the territory affected or interested, which they are hereby authorized and empowered to do, and make all needful rules or laws and regulations for the same, and require that no person be permitted to vote in said election unless registered; provided, however, that books of registration shall be opened at least forty days immediately preceding the election and be closed ten days before such election, so that said section, when so amended, will read as follows: That before the bonds provided for in section 1 of 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 council of Cusseta as provided by the general laws of this State embraced in sections (Code 1895) 377, 378, 379, 380, 381, as soon after the passage of this Act as practicable. The mayor and council, prior, however, to any election held under the provisions of this Act, shall provide for a registration of voters within the town and territory affected or interested, which they are hereby authorized and empowered to do, and make all needful rules or laws and regulations for the registration of the same, and require that no person be permitted to vote in said election unless registered; provided, however, that books of registration shall be opened at least forty days immediately preceding the election, and be closed ten days before such election. Election for bonds. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903.

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DOLES SCHOOL DISTRICT IN WORTH COUNTY CREATED. No. 406. An Act to create a school district at Doles, in the sixteenth district of Worth county; to establish a system of public schools therein; to lay off and define the limits of said district; to create a board of trustees; to empower said board of trustees of said district to levy and collect a tax for the support and maintenance thereof; to authorize and require the county school commissioner of Worth county to pay or turn over to said board of trustees of said district such part of the State and county school funds as may be just pro rata share of said district, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act there shall be established in and around the village of Doles, in the sixteenth district of Worth county, Georgia, a school district to be known as the Doles district, said district defined as follows: Beginning at the district line between the fifteenth and sixteenth districts of said county, on the east and west line between lots of land numbers three and four, in the sixteenth district aforesaid, and running due east along the original lines between said numbers three and four, and continuing along said land line to the original land line running north and south that bounds lot of land number 132 on the east, making lot of land number 132, in the northeast corner of said district; running from thence south along the original land line on the east side of lot of land number 132 to the original land line bounding number 140 on the south, making lot number 140 in the southeast corner of said district; thence due west along the original land line that bounds lot 140 on the south to the district line between districts number, fifteen and sixteen, making lot of land number 12 in the southwest corner of said district; thence due north along said district line to the starting point, making a district two and one half miles each way from Doles. Doles district, limits of. Sec. 2. Be it further enacted by the authority aforesaid, That Mark Tison, C. J. Champion, M. L. Champion, W. W. Tison, J. F. Gidden, and are, hereby appointed trustees of said district, to hold their offices until the first election for trustees to be

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held within thirty days after the passage of this Act; said election to be held under the same rules and regulations as other elections prescribed in this Act; and at the same time the trustees aforesaid shall order an election for the purpose of submitting the adoption of this Act to the qualified voters for the said district, of which election notice shall be given by posting the same at three or more public places in said district for ten days, which notice shall state the date of the election, the place of holding the same, when polls will be opened and closed, and the purpose briefly, which election shall be held under the same rules and regulations and in the same manner as elections for justice of the peace. The qualification of voters at said election shall be the same as for justice of the peace, and the result of said election shall be declared by the freeholders. At said election those in favor of public schools shall have printed or written on their ballots the words For public schools, and those opposed to public schools shall have written or printed on their ballots the words Against public schools; and if it shall appear that two thirds of the persons qualified to vote at said election have cast ballots for public schools, this Act shall be declared to be adopted and become operative; should the result of the election herein provided for be against public schools, the said trustees may, in their discretion, by giving notice herein provided for, submit the question at the next or any subsequent election for trustees of the said district until public schools are adopted, when this Act shall become operative. Trustees pro tem. Election for trustees and for public schools. Sec. 3. Be it further enacted by the authority aforesaid, That should the election herein provided for result in the adoption of public schools, then it shall be the duty of the board of trustees of said district, at the first regular election to be held on the first Monday in each year, at which election there shall be elected five persons who shall constitute a board of trustees for said district, one of same for a term expiring at the next regular election, to be held on the first Monday in January, and one on the second, and one on the third, and one the fourth, and one at the fifth annual thereafter, this election to be held in the same manner and the result declared in the same way, and the qualification of the voters shall be the same as in elections for justice of the peace, and the term shall be for five years or until his successor is elected and qualified, thus providing that one of said trustees be elected each year. In case of vacancy, for any reason, the county board of education shall appoint a proper person to serve until the next regular election, when a member shall be

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elected for the unexpired term; provided, that the county board of education may, upon recommendation of a majority of the said board of trustees, remove any member of the said board of trustees at any time, and fill the vacancy thus made in the manner hereinbefore provided. Trustees, election of and terms of office. Vacancies. Sec. 4. Be it further enacted by the authority aforesaid, That the said board of school trustees shall, as soon as practicable after election, organize by election of a chairman and vice-chairman from their own number, and a suitable person from their own number as secretary and treasurer, which officer shall be hereafter elected annually at the first regular meeting of the board after each annual election of trustees. The chairman of said board shall be the executive officer of the same, and shall be ex officio super-intendent of public schools, with such authority and to perform such duties as the board may from time to time prescribe. The secretary and treasurer of said board of trustees shall give bond in an amount to be fixed by the said board of trustees, and to be approved by the chairman of said board, and he shall receive such extra compensation as the said board may see proper to fix at the first regular meeting after each annual election. No member of the board of trustees shall receive any compensation otherwise than that provided for the treasurer. Officers of board. Sec. 5. Be it further enacted by the authority aforesaid, That the said board of trustees shall keep a record of all their proceedings, and all books kept by the said board shall be open to the inspection of the public. Records of board. Sec. 6. Be it further enacted by the authority aforesaid, That the said board of trustees shall establish and conduct a system of public schools in the said district, to be maintained as hereinafter provided; establish graded or common schools in the said district, as they may see proper, which schools shall be under their supervision and control and under such rules and regulations as they may see proper to adopt from time to time, not contrary to the laws of this State. They shall have the power to make such rules and regulations for the government of themselves, their respective officers, the various officers, teachers of said schools as they may see proper to adopt; to appoint and employ the necessary officers and teachers of said school, prescribe their duties, remove them at will and to fix their salaries. Powers of board. Sec. 7. Be it further enacted by the authority aforesaid, That after the ratification of this Act the board of education of Worth county shall not contract with any person to teach a school of any

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character in the said district, nor have any authority or voice in the management of the schools established as herein provided, the same to be left exclusively to the control and management of the said board of school trustees of the said district; and it shall not be lawful for the said county board of education to establish and maintain any school or schools within the limits of said district. Other schools. Sec. 8. Be it further enacted, That at least one school for white children and one school for colored children be established and maintained under the provisions of this Act for a term of not less than five and not more than nine months for each year. All children who are entitled to the benefit of the public school fund under the laws of this State, and all bona fide within the corporate limits of said district, shall be admitted to the aforesaid schools upon the payment of such entrance, matriculation and incidental fees, and without further charge for tuition as the said board of trustees for the said district may impose. Children not resident within the limits above described, and such as are not entitled to the public school fund under the general law of this State, shall be admitted upon such terms as the said board of trustees may prescribe, not in conflict with the laws of this State. The said board of trustees may refuse to admit any child or children to the said schools, or expel them from the same at any time that, in their judgment, it would be detrimental to the moral and general welfare of the pupils thereof to allow them to be or remain therein. White and colored schools. Non-resident pupils. Sec. 9. Be it further enacted, That the said board of trustees is hereby empowered to rent, lease or in any lawful manner acquire by purchase or otherwise any real estate for the purposes aforesaid, and to purchase, rent or lease all necessary school furniture, supplies, apparatus, musical and other instruments, books and libraries, and such other things as the board may deem necessary for the purposes of said schools; to keep all such property in good repair and insured; the title to all property, both real and personal, to be vested in the said board of trustees and their successors in office. That the said board of trustees is hereby authorized and empowered to receive, hold, sell and apply or expend any donation or bequest of property or money made for the benefit of said school, any one or more of the same, or to use the same in the way directed by the person or persons donating or bequeathing the same, not contrary to the laws of this State; to purchase, acquire and hold, sell and convey, for the purpose of said schools, such property, real and personal, as may be necessary or proper to the same. Powers of board.

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Sec. 10. Be it further enacted by the authority aforesaid, That it shall be the duty of the teachers employed in said schools to make all the necessary reports of said school as may be required by the board of trustees of said district; and it shall be the duty of the secretary and treasurer of said trustees, whenever required to do so, to make all necessary reports to the county school commissoner of Worth county when the teachers of the county are required to make reports; and it shall be the duty of the county school commissioner of Worth county to pay to the secretary and treasurer of said board of trustees the pro rata part of the public school funds going or belonging to the said school district under the rules of distribution of said State and county, the same to be paid at such time as the teachers of the county are paid. Reports of teachers. Pro rata share of county school fund. Sec. 11. Be it further enacted by the authority aforesaid, That as soon as practicable after the adoption of this Act, and, or, by the first of August of each succeeding year, the said board of school trustees of the said district shall fix the date of the beginning of the ensuing scholastic year and the number of months that each of the schools of the said district shall be kept open during such year, the number and length of term, etc., and shall fix the number of teachers for each of the said schools and the amount of their salaries, and shall make out a schedule of these and all other expenditures that they expect to make the ensuing year, and enter the same in their minutes; whereupon it shall be the duty of said board of trustees to provide for the levy and collection of the said tax to raise the amount of money thus estimated to be necessary for all the purposes of the said school, and the said board are hereby authorized and empowered and required to levy and collect the said tax in the same manner as other ad valorem taxes are collected; and all of the property, both real and personal, within the limits of said district, on the day to be fixed by the said board of trustees for the return or assessment of taxes, or that may be fixed for the same, immediately preceding the first of August of each year, is hereby made subject to the said tax, and all other taxes in this Act provided for; provided, that the total amount of the same shall not exceed the percentage of the taxable property of said district as limited by the Constitution and laws of this State. Scholastic year. School tax. Sec. 12. Be it further enacted by the authority aforesaid, That the said board of trustees of said district are hereby vested with the same power as is vested by the general laws of this State in the mayor and council of the town of said State, in so far as issuing tax executions against delinquent taxpayers, and the secretary

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and treasurer of said board of trustees is vested with the same power as town treasurers as to the levying and making entries and sales under tax executions; and the constable of the 1044 district G. M. of said county is hereby authorize to levy and collect said tax executions in the same manner as he is authorized to collect State and county tax executions. School tax, how collected Sec. 13. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 18, 1903. DOOLING SCHOOL DISTRICT IN DOOLY COUNTY INCORPORATED. No. 405. An Act to incorporate Dooling school district, in Dooly county; to define its boundaries; to regulate the management of the schools in said district; to provide for revenue for running and maintaining said schools; to provide, for the election of the trustees who are to succeed the trustees named herein; to define the powers and duties of the trustees, 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 Dooling school district is hereby made a body corporate, to be managed and controlled by a board of trustees consisting of seven members, to be chosen as hereinafter set out, and shall be known and incorporated under the name and style of Trustees of the Dooling 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, or for the benefit or use of the schools in said district, any estate or estates, real or personal, of whatever kind or nature within the jurisdictional limits of said district, and shall by said name or style be capable of suing and being sued in any court of competent jurisdiction in this State. Dooling school district, trustees of incorporated. Corporate powers. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said district shall be bounded as follows: On the north by Hog Crawl creek, and the north lines of lots of

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land numbers 3, 4 and 5; on the south by the south lines of lots of land numbers 177, 176, 145, 144, 113, 112, 81, 80, 49, 43, 23 and 10 in the first district of said county, and 129, 130, 131, 132, 133 and 134 to Turkey creek in the second district of same; on the east by the east lines of lots of land numbers 49, 50, 51, 52, 53, 54 and 10 in the first district of said county, and 5, 28, 37, 60, 69, 91, 102, 123 and that portion of 134 lying north of Turkey creek in the second district of said county, and on the west by Hog Crawl creek. Corporate limits. Sec. 3. Be it further enacted by the authority aforesaid, That P. C. Patrick, Jno. A. Jenkins, Sr., and E. J. Dooling are hereby made trustees of the said Dooling school district, who shall hold office till the first regular election held hereunder, to wit: on the second Wednesday in December, 1904, and until their successors are elected and qualified. Also W. B. Johnson, J. B. Turner, R. W. Wilkes and J. F. Joiner are hereby made trustees of said district, and shall hold office until the second regular election held hereunder, to wit: on the second Wednesday in December, 1905, and until their successors are elected and qualified. The object being to divide the board of trustees into two sections, three members to be elected one year and four members the next year, thus alternating each year. Trustees pro tem. Sec. 4. Be it further enacted by the authority aforesaid, That beginning on the second Wednesday in December, 1904, and annually thereafter there shall be an election held for the election of school district next preceding the day of the election for six hold office for two years, and until their successors are elected and qualified. All persons who are residents of the said Dooling school district next preceding the day of the elections for six months, and who have paid all taxes due said school district, and who are otherwise qualified to vote for members of the General Assembly, shall be qualified to vote at said election of trustees; provided, no person shall be eligible to hold the office of trustee who does not own some property for taxation in said district other than paying a poll tax. Elections for trustees. Sec. 5. Be it further enacted by the authority aforesaid, That the elections to be held hereunder shall be held under the supervision of a justice of the peace or notary public ex officio justice of the peace of said district, with two freeholders, or any three freeholders of said district, but should no election be held on the day specified, or in case of a tie, then any citizen of said district may post a call in three prominent places in said district for at

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least thirty days, stating day and purpose of said called election, on which day an election shall be held as above provided for. Elections, how held. Sec. 6. Be it further enacted by the authority aforesaid, That the persons receiving the highest number of votes cast shall be declared elected, and a certificate of election shall be issued to said successful person; provided, however, such certificates of election shall not be delivered until the expiration of five days from said election. The person thus elected shall, after receiving said certificate of election, qualify by taking and subscribing an oath to well and truly perform the duties of trustees of said district, and shall forthwith enter upon the discharge of the duties of his said office. Certificates of election. Sec. 7. Be it further enacted by the authority aforesaid, That the trustees shall elect from their body a chairman and a vice-chairman; they shall also elect a secretary and treasurer, either from their body or any citizen of said district, and fix his compensation. The trustees shall receive no compensation for their services as such. The clerk and treasurer shall give a good and sufficient bond to well and faithfully perform the duties of his office, the amount to be fixed by the board of trustees, bond to be made payable to the trustees of the Dooling school district. Said clerk and treasurer shall conform to such other rules and regulations and perform all such duties as may be required of him by said trustees. Officers of board. Sec. 8. Be it further enacted by the authority aforesaid, That the trustees of said district shall have full control of the management of all schools in said district; shall have full power and authority to employ all teachers and other persons, fix their compensation, prescribe their duties, and shall have full power and authority to remove any teacher or other person employed in connection with said schools when in their discretion they think best. Separate schools for white and colored children shall be provided. Said trustees must provide schools in said district for a reasonable period of time each year. Powers of board. Sec. 9. Be it further enacted by the authority aforesaid, That all school funds coming into the hands of the county school commissioner of Dooly county to which the schools in this district are entitled shall be paid directly to the secretary and treasurer of said board of trustees by said commissioner. All children who are entitled to the benefit of the public school fund of the State shall be admitted to said schools upon the payment of such incidental and matriculation fees as the said board of trustees may see proper to charge or impose, which fees shall not exceed the sum of four

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dollars annually. The said trustees 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 trustees it would be detrimental to the moral or general welfare of said schools or the pupils therein to allow them to enter or remain in said school. Pro rata part of county school fund. Pupils how admitted and dismissed. Sec. 10. Be it further enacted by the authority aforesaid, That the county board of education shall have no authority to employ or discharge any teacher in the schools of said district; the management of said schools to be entirely in the hands of the trustees of said district. Control of schools. Sec. 11. Be it further enacted by the authority aforesaid, That the trustees of the Dooling school district shall have power and authority to issue bonds; provided, that they shall post in three conspicuous places in said district and publish in some paper in the county for thirty days a notice stating the amount of the proposed bond issue, when due, rate of interest and for what purpose to be issued; also notice of an election to ratify or reject the action of the board of trustees in issuing bonds, said election to be held as above provided for; and should two thirds of the registered voters who have registered to vote in this election, in said district, who are property holders, vote to ratify the action of the board of trustees, then said board of trustees shall have power and authority to issue bonds and to dispose of same as they may think best for school purposes. The total bond issue outstanding shall never exceed seven per cent. of the taxable value of the property, in said district. School bonds, how issued. Sec. 12. Be it further enacted by the authority aforesaid, That the said trustees shall have power and authority at any time to have a census made of the number of children of school age residing in said district, which shall be the basis of settlement with the county board of education. School census. Sec. 13. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 18, 1903.

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ELIZABETH SCHOOL DISTRICT IN COBB COUNTY INCORPORATED. No. 420. An Act to incorporate the Elizabeth school district in Cobb county; to define the boundaries of the same; to regulate the management of the school in said Elizabeth school district; to provide revenue for said school; to provide for the election of five trustees, and to confer on them certain powers, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the management and control of all schools in said Elizabeth 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 Elizabeth School District, and by that name and style shall have perpetual succession, shall have a common seal, and shall have power to purchase, have, hold, receive, enjoy, possess and retain to them and their successors in office, for school purposes, any estate or estates, real or personal, of whatever kind or name, within the jurisdictional limits of said district, and shall by said name be capable of suing and being sued in any court of law or equity in this State. Elizabeth school district, trustees of incorporated. Corporate powers. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said district shall be bounded as follows, to wit: Commencing at the Canton road, at the property of W. H. Dewees, being the northeast corner of lot of land No. 733, in the sixteenth district and second section, Cobb county, and running due west on the Proctor road to the Bell's Ferry road, at or near S. W. Jones' gin house, and thence south, or a southeasterly direction, down the Bell's Ferry road to north line of lots 784 and 785, running easdt and west; thence west along the north original land lines of lots 785, 786, 787, 788, 789 and 790 to the eastern line of lot 791, at its northeast corner; thence south down the eastern original lines of lots 791, 794, 863 and 866, to the southeast corner of lot 866; thence west to the southwest corner of 866; thence south along the western lines of lots 935 and 938; thence west along the south side of lot 937, to its southwest corner; thence south on the west lines of original land lots Nos. 1008, 1009, 1080, 1081, to the southwest corner of 1081; thence east along

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the southern boundary lines of lots 1081, 1082, 1083, 1084 and 1085, to the southeast corner of 1085; thence north to the northwest corner of lot 1086; thence east, crossing the Campbell Hill road, or street, taking in the premises of Geo. B. Nigh, and running along the southern boundaries of lots 1075, 1074, 1073, 1072 and 1071; thence running north from the southeast corner of lot No. 1071, on the original land line, and dividing the property of Moore and Morris, to the southeast corner of lot 1018; thence running east on the south line of lot 1019 to its southeast corner; thence due north along the eastern boundary line of lots 1019, 998, 947, 926, 875, 854, northward to the Canton road; thence along said road to the starting point at the Proctor road, all of said land described in said boundary line in the sixteenth district and second section, Cobb county. Corporate limits. Sec. 3. Be it further enacted by authority aforesaid, That the following named persons are hereby declared to be trustees of said school district, as follows, to wit: T. E. Curry for one year; C. M. Mayfield for two years; W. D. Cross for three years; J. M. Cogburn for four years; D. D. Woodward for five years. That said five named parties shall serve as trustees for said school district during the time above stated, and until their successors are elected and qualified. All citizens who are qualified to vote for said elections, and who have paid all taxes due said Elizabeth school district, and who have resided in said district for a period of six months next preceding the day of election, shall be qualified to vote; that an election shall be held on the first Saturday in August, 1904, and on the same day of each succeeding year thereafter for one trustee to serve for five years, and until his successor is elected and qualified. Trustees, pro tem. Elections for trustees. Sec. 4. Be it enacted, That the said election shall be held under the supervision of any justice of the peace, or notary public ex officio justice of the peace, in the militia district where the said Elizabeth school district is situated, together with any two freeholders within the corporate limits of said district; but should no justice of the peace, or notary public ex officio justice of the peace, reside in said school district, or fail to serve, then said election shall be held by any three freeholders appointed or elected by the trustees of said school district. Elections, how held. Sec. 5. Be it further enacted by the authority aforesaid, That any citizen of said district shall be eligible to election to the office of trustee who is entitled to vote in said district. Eligibility. Sec. 6. Be it enacted by the authority aforesaid, That the citizen

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who is eligible to the office of trustee, who shall receive the highest number of votes, shall be, when required, and the person so elected shall attend the usual places of holding trustees' meeting within five days after said election and qualify by taking oath well and truly to perform the duties of the office to which he has been elected, and shall forthwith enter upon the discharge of the duties of said office. Sec 7. Be it further enacted by the authority aforesaid, That the said trustees shall elect a chairman from their body and a secretary and treasurer. Said secretary and treasurer may be either from their body or any citizedn of said district; but no trustee other than the secretary and treasurer shall receive any compensation for their services. Officers of board. Sec. 8. Be it further enacted by the authority aforesaid, That the trustees of the Elizabeth 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. 9. Be it further enacted by the authority aforesaid, That the said board of trustees shall have full power and authority to levy and collect a tax on all real and personal property within the limits of said Elizabeth school district for school purposes; to defray the expenses of management of school in said district; to pay all or any part of the expenses of carrying on school in said district that said trustees shall deem to be to the best interest of said school; but that the rate of taxation shall never exceed one half of one per cent. This section shall not become operative until after it shall have been ratified by the requisite constitutional majority of the votes of said district. School tax. Sec. 10. Be it further enacted by the authority aforesaid, That the trustees of said Elizabeth school district shall be empowered and directed to appoint three citizens of said district as tax-assessors, who shall assess the valuation of all property in said district for taxation; that said assessors shall have free access to State and county tax book and to municipal tax books and returns, or any part of them that they may deem best in making the assessment for said district; and that said assessors shall have power and authority to compel any citizen of the State to testify under oath as

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to any property in said district, whether it be their property or that of another; and should any party refuse to testify, then said party shall be punished as provided for similar cases before justices of the peace. Said board of trustees shall have power and authority to fix the time and manner of the payment of said taxes. Tax assessors. Sec. 11. Be it further enacted by the authority aforesaid, That should any person or persons fail to pay said tax at the required time, then the secretary and treasurer, at the discretion of the board of trustees, shall issue a tax fi. fa., which shall be levied on the property of the delinquent taxpayer in the same manner as State and county fi. fas. Said tax fi. fas. shall be a superior lien on the property of said delinquent taxpayer, except for State and county tax. Tax fi. fa. Sec. 12. Be it further enacted by the authority aforesaid, That as soon as practicable after the passage and approval of this bill the trustees herein named shall qualify and order a census of the school population of said district taken, and shall report the same to the State School Commissioner, who shall be empowered and directed to pay to the secretary and treasurer of the trustees of the said Elizabeth school district, from time to time, the propertion of the common school fund arising from any source belonging to said Elizabeth school district, to be determined by the number of pupils taught in said school as compared with all the children entitled to the school fund in Cobb county. School census. Pro rata share of State school fund. Sec. 13. Be it further enacted by the authority aforesaid, That the county school commissioner of Cobb county shall pay over to the secretary and treasurer of the board of trustees of the said Elizabeth school district the pro rata share of school fund of Cobb county for all children of or within school age who are residents of said county, and not residents of said Elizabeth school district but who are attending the public schools of said district. Pro rata share of county school fund. Sec. 14. Be it further enacted by the authority aforesaid, That the school of said Elizabeth school district shall not be under the control of any county school board, but shall be controlled by the trustees of said district, who shall report direct to the State School Commissioner. Control of school. Sec. 15. Be it further enacted by the authority aforesaid, That four of said school trustees shall constitute a quorum for the transaction of business, and that any member of said board of trustees shall, for malfeasance or nonfeasance, be removed from office by a majority vote of the other members of said board, and the vacancy, and any other vacancies, from whatever cause, shall be filled

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by the board of trustees, the said trustees electing a member or members who are residents of said Elizabeth school district, and who shall thereafter, as soon as practicable, take the oath of office as hereinbefore prescribed. Removal of trustees. Sec. 16. Be it further enacted by the authority aforesaid, That the secretary and treasurer shall be required to make a good and sufficient bond for the sum of one thousand dollars, payable to the chairman of said Elizabeth school district trustees, for the faithful performance of the duties of his office. Bond of secretary and treasurer. Sec. 17. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. FILLYAW'S SCHOOL DISTRICT IN WORTH COUNTY ESTABLISHED. No. 451. An Act to create a school district at Fillyaw, in the sixteenth district of Worth county; to establish a system of public schools therein; to lay off and define the limits of said district; to create a board of trustees; to empower said board of trustees of said district to levy and collect a tax for the support and maintenance thereof; to authorize the county school commissioner of Worth county to pay or turn over to said board of trustees of said district such part of the State and county school funds as may be the just pro rata share of said district, 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 sixteenth district of Worth county, Ga., a school district to be known as Fillyaw's district, said district defined as follows: Beginning at the northwest corner of lot of land No. 156 in the sixteenth district of Worth county, Ga.; thence along the original land line east to the northeast corner of lot of land number 251 in the sixteenth district; thence south along the district line that bounds the sixteenth district on the east to the southeast corner of lot of land number 243; thence west along the original land line to the southwest corner of lot of land number 148 in the sixteenth

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district of said county; thence north along the original land line to the starting point at the northwest corner of lot of land number 156, making a district two and one half miles, more or less, each way from the Fillyaw schoolhouse. Fillyaw's school district. Sec. 2. Be it further enacted by the authority aforesaid, That W. H. Jeter, W. H. Bukham, J. D. L. Hobby, W. L. Pittman, H. W. Hobby are hereby appointed trustees of said district, to hold their offices until the first election for trustees, to be held within thirty days after the passage of this Act, said election to be held under the same rules and regulations as other elections prescribed in this Act; and at the same time the trustees aforesaid shall order an election for the purpose of submitting the adoption of this Act to the qualified voters of the said district, of which election notice shall be given by posting the same at three or more public places in said district for ten days, which notice shall state the date of the election, the place of holding the same, when polls will be open and closed and the purpose briefly, which election shall be held under the same rules and regulations and in the same manner as elections for justices of the peace. The qualification of voters at said election shall be the same as for justice of the peace, and the result of said election shall be declared by the poll holders. At said election those in favor of public schools shall have printed or written on their ballots the words For public schools, and those opposed to public schools shall have written or printed on their ballots the words Against public schools; and if it shall appear that two thirds of the persons qualified to vote at said election have cast ballots for public schools, this Act shall be deelared to be adopted and become operative. Should the result of the election herein provided for be against public schools the said trustees may, in their discretion, by giving notice herein provided for, submit the question at the next or any subsequent election for trustees of the said district until public schools are adopted, when this Act shall become operative. Trustees pro tem. Election for trustees and for public schools. Sec. 3. Be it further enacted by the authority aforesaid, That should the election herein provided for result in the adoption of public schools, then it shall be the duty of the board of trustees of said district, at the first regular election, to be held on the first Wednesday in each year, at which election there shall be elected five persons who shall constitute a board of trustees for said district, one of the same for a term expiring at the next regular election, to be held on the first Wednesday in January, and one on the third, and one on the fourth, and one on the fourth, and one at the fifth annually

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thereafter, this election to be held in the same manner and the result declared in the same way, and the qualification of the voters shall be the same as in elections for justice of the peace, and the term shall be for five years, or until his successor is elected and qualified, thus providing that one of said trustees be elected each year. In case of vacancy, for any reason, the county board of education shall appoint a proper person to serve until the next regular election, when a member shall be elected for the unexpired term; provided, that the county board of education may, upon recommendation of a majority of the said board of trustees, remove any member of the said board of trustees at any time, to fill the vacancy thus made in the manner hereinbefore provided. Elections of trustees. Sec. 4. Be it further enacted by the authority aforesaid, That the said board of school trustees shall, as soon as practicable after election, organize by election of a chairman and vice-chairman from their own number, and a suitable person from their own number as secretary and treasurer, which officers shall be thereafter elected annually at the first regular meeting of the board after each annual election of trustees. The chairman of said board shall be the executive officer of the same, shall be ex officio superintendent of public schools, with such authority and to perform such duties as the board may from time to time prescribe. The secretary and treasurer of said board of trustees shall give bond in an amount to be fixed by the said board of trustees, and to be approved by the chairman of said board, and he shall receive such extra compensation as the said board may see proper to fix at the first regular meeting after each annual election. No member of the board of trustees shall receive any compensation otherwise than that provided for the treasurer. Officers of board. Sec. 5. Be it further enacted by the authority aforesaid, That the said board of trustees shall keep a record of all their proceedings, and all books kept by the said board shall be open to the inspection of the public. Proceedings of board. Sec. 6. Be it further enacted by the authority aforesaid, That the said board of trustees shall establish and conduct a system of public schools in the said district, to be maintained as hereinafter provided; establish graded or common schools in the said district, as they may see proper, which schools shall be under their supervision and control, and under such rules and regulations as they may see proper to adopt from time to time not contrary to the laws of this State; they shall have the power to make such rules and regulations for the government for themselves, their respective officers,

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the various officers, teachers of said schools as they may see proper to adopt; to appoint and employ the necessary officers and teachers of said school, prescribe their duties, remove them at will, and to fix their salaries. Powers of board. Sec. 7. Be it further enacted by the authority aforesaid, That after the ratification of this Act the board of education of Worth county shall not contract with any persons to teach a school of any character in the said district, nor have any authority or voice in the management of the schools established as hereinafter provided, the same to be left exclusively to the control and management of the said board of school trustees of said district; and it shall not be lawful for the said county board of education to establish and maintain any school or schools within the limits of said district. Control of schools. Sec. 8. Be it further enacted, That at least one school for white children and one school for colored children be established and maintained under the provisions of this Act for a term of not less than five, and not more than nine months for each year. All children who are entitled to the benefit of the public school fund under the laws of this State, and are bona fide within the corporate limits of said district, shall be admitted to the aforesaid schools upon the payment of such entrance, matriculation and incidental fees, and without further change for tuition as the said board of trustees for the said district may impose. Children not resident within the limits above described, and such as are not entitled to the public school fund under the general law of this State, shall be admitted upon such terms as the said board of trustees may prescribe not in conflict with the laws of this State. The said board of trustees may refuse to admit any child or children to the said schools, or expel them from the same at any time that in their judgment it would be detrimental to the morals and general welfare of the pupils thereof to allow them to be or remain therein. White and colored schools. Non-resident pupils. Sec. 9. Be it further enacted, That the said board of trustees is hereby empowered to rent, lease or in any lawful manner acquire, by purchase or otherwise, any real estate for the purposes aforesaid, and to purchase, rent or lease all necessary school furniture, supplies, apparatus, musical and other instruments, books and libraries, and such other things as the board may deem necessary for the purposes of said schools, to keep all such property in good repair and insured; the title to all property, both real and personal, to be vested in the said board of trustees and their successors in office; that the said board of trustees is hereby authorized and empowered to receive, hold, sell and apply or expend any donation

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or bequest of property or money made for the benefit of said school, or any one or more of the same, or to use the same in the way directed by the person or persons donating or bequeathing the same not contrary to the laws of this State; to purchase, acquire and hold, sell and convey for the purposes of said school such property, real and personal, as may be necessary or proper to the same. School property. Sec. 10. Be it further enacted by the authority aforesaid, That it shall be the duty of the teachers employed in said schools to make all the necessary reports of said school as may be required by the board of trustees of said district; and it shall be the duty of the secretary and treasurer of said trustees, whenever required to do so, to make all necessary reports to the county school commissioner of Worth county when the teachers of the county are required to make reports; and it shall be the duty of the county school commissioner of Worth county to pay to the secretary and treasurer of said board of trustees the pro rata part of the public school funds going or belonging to the said school district under the rules of distribution of said State and county, the same to be paid at such times as the teachers of the county are paid. School reports. Pro rata part of county school fund. Sec. 11. Be it further enacted by the authority aforesaid, That as soon as practicable after the adoption of this Act, and on or by the first of August of each succeeding year, the said board of school trustees of the said district shall fix the date of the beginning of the ensuing scholastic year, and the number of months that each of the schools of the said district shall be kept open during such year, the number and length of term, etc., and shall fix the number of teacher for each of the said schools and the amount of their salaries, and shall make out a schedule of these and all other expenditures that they then expect to make the ensuing year and enter the same on their minutes; whereupon it shall be the duty of said board of trustees to provide for the levy and collection of said tax and raise the amount of money thus estimated to be necessary for all the purposes of the said school; and the said board are hereby authorized and empowered and required to levy and collect the said tax in the same manner as other ad valorem taxes are collected, and all of the property, both real and personal, within the limits of said district on the day to be fixed by the said board of trustees for the return or assessment of taxes, or that may be fixed for the same immediately preceding the first of August of each year, is hereby made subject to the said tax, and all other taxes in this Act provided for; provided, that the total amount of

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the same shall not exceed the percentage of the taxable property of said district as limited by Constitution and laws of this State. Scholastic year. School tax. Sec. 12. Be it further enacted by the authority aforesaid, That the said board of trustees of said district are hereby vested with the same power as is vested by the general laws of this State in the mayor and council of the towns of this State, in as far as issuing tax executions against delinquent taxpayers; and the secretary and treasurer of said board of trustees is vested with the same power as town treasurers as to the levying and making entries and [Illegible Text] under tax executions; and the constable of the 1044 district G. M. of said county is hereby authorized to levy and collect said tax executions in the same manner as he is authorized to collect State and county tax executions. How collected. Sec. 13. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. FORT VALLEY, SCHOOL BUILDINGS FOR. No. 423. An Act to authorize the mayor and council of the town of Fort Valley, in the county of Houston, to issue bonds, not to exceed the sum of $10,000.00, for the purpose of erecting and equipping a school building or school buildings in the said town of Fort Valley; to provide for the payment of principal and interest of said bonds by levying a tax therefor; to provide for the ratification of the provisions of this Act; to designate what officers are to carry into effect the provisions of this Act, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the mayor and council of the town of Fort Valley be authorized and required to issue and sell bonds, not to exceed in the aggregate $10,000.00, of the denomination of $100.00 each, to be due and payable at such time or times within twenty years after the date of 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. Fort Valley, bonds of. Sec. 2. Be it further enacted, That the mayor and council of

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the town of Fort Valley pay over to the city treasurer the proceeds of the sale of said bonds, after first requiring and receiving a good and sufficient bond from him for the proper disbursement of said money in accordance with the provisions of this Act. Proceeds of. Sec. 3. Be it further enacted, That the mayor and council of the town of Fort Valley 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. Sec. 4. Be it further enacted, That the location, erection and equipping of said school building shall be under the direction of the board of school commissioners for the public school system of the town of Fort Valley; that said school board shall have full authority to let contract for the erection and equipping of said school building or school buildings, and perform any and all other acts necessary for carrying into effect the provisions of this Act. School buildings, how erected. Sec. 5. Be it further enacted, That the vouchers upon which the town of Fort Valley shall pay out money or funds arising under this Act for the purposes herein mentioned shall bear the signature of the secretary and chairman of said board of school commissioners, and the town treasurer shall be required to pay all bills arising under this Act when properly made out and presented. Expense, how paid and vouched. Sec. 6. Be it further enacted, That the mayor and council of the town of Fort Valley shall 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 Fort Valley, under the same rules and regulations as the elections held for mayor and aldermen of said town, the question of issuing said bonds. Those in favor of the issuing of said bonds shall have written or printed upon their tickets the words For bonds, and those against the issuing of said bonds shall have written or printed upon their tickets the words Against bonds. Should the requisite constitutional majority vote at said election in favor of issuing said bonds, the mayor and council of said town are hereby empowered and directed to issue and dispose of said bonds in accordance with the provisions of this Act. Should the requisite majority fail to vote for the issuing of said bonds, then, and in that event, any number of elections may be held under the provisions of this Act, after due notice being given as required by law for such elections; provided, no election can be held within one year from the date of the last election; the power to order said elections being vested in the

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mayor and aldermen of said town by a plurality vote among these corporate officials. Election for bonds. Sec. 7. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. FRANKLIN SCHOOL DISTRICT IN HEARD COUNTY INCORPORATED. No. 459. An Act to incorporate the Franklin school district in Heard 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 powers; to regulate the management and control of the schools in said district and 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 town of Franklin, in the county of Heard, to be known as the Franklin school district, which district shall extend from the court-house in said town as a center, outwards in all direction a distance of three (3) miles. Franklin 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 nine (9) persons, which board, by 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 W. S. French, A. W. Powers, Jr., D. F. Edwards, W. E. Lane, R. M. Lipford, R. H. McWaters, T. S. Cosby, A. G. Hendricks and D. B. Whitaker shall be, and they 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 Saturday in June every other year. The first election under this Act shall be held on the first Saturday in June, 1904, at which time three

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members of the board shall be elected for two years, and three for three years, and three for four years from said date. Their successors in office shall serve for a term of two 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 pro tem. of board of education. Election for members of board. Sec. 4. Be it further enacted, That said board of education shall, immediately after this Act goes into operation, organize by electing a president, vice-president, secretary and treasurer from their own number, except that the secretary may or may not be a member of said board, at the option of said board. No members 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, to be assessed and approved by the board. No person shall be a member of said board, or secretary thereof, who is a member or officer of the county board of education, or holds a county office by election. Officers of board. 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, who may or may not be the secretary of said board, 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 by rent, building, purchase or otherwise, and to make and hold title to such property; to make such rules and regulations for the government of themselves and such schools as they may deem proper not in conflict with the laws of this 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, said board shall not have the right 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 ten days prior to the holding same by posting at the court-house door in the town of Franklin, or advertisement in some public gazette having general circulation in said district, 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 said board of education, who shall publish the same. Any citizen may contest the legality of said election

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or the correctness of said returns in the same manner as contests are made in the election of justices of the peace and constables. Powers of board. Sec. 6. Be it further enacted, That there shall be established a school for not less than seven nor more than nine scholastic months in each year, the length of said term to be in the discretion of said board. The curriculum in said schools shall be such as is taught in the system of public schools maintained by the State, except that the board may provide for a higher curriculum, to be paid for by the patrons whose children take advantage of such higher curriculum. There shall be only one school for white children and only one school for colored children in said district. All children entitled to the benefit of public schools under the laws of this State, and whose parents, guardians or natural protectors reside within the corporate limits of said district, shall be admitted to the aforesaid schools, the white children to the white school and the colored children to the colored school, upon the payment of such admittance fee as said board of education may deem necessary and prescribe, and not otherwise. 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 said board of education not in conflict with the laws of this State. Scholastic year. Curriculum. White and colored schools. Non-resident pupils. Sec. 7. Non-resident children admitted to said schools shall receive the benefit of the public school fund to which they would be entitled if they attended the school in their respective district, which shall be paid to the treasurer of said board by the county school commissioners under such rules as said board may prescribe not in conflict with the laws of said State. County school fund. Sec. 8. Be it further enacted, That it shall be the duty of the county school commissioner of Heard county, and he is required to pay over to the treasurer of said board of education under such rules as 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 for the distribution of the public school fund. Pro rata share of county school fund. Sec. 9. Be it further enacted, 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 is hereby directed and required to pay to the treasurer of said board from time to time a pro rata part of the public school fund according to said school

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population, in the same manner as paid to the county boards of education in this State. School census Pro rata part of State school fund. Sec. 10. Be it further enacted, That said board of education 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. 11. Be it further enacted, That in case any school property acquired by said board of education under any provisions of this Act, or otherwise, be sold, the fund derived from such sale shall be reinvested in other property, to be used for school purposes. School property. Sec. 12. Be it further enacted, That the said board of education shall annually make a report, in writing to the public, of the condition of said schools, and accompany same with a showing of the receipts and expenditures of all moneys which pass through their hands. Reports of board. Sec. 13. Be it further enacted, That said board shall have full power and authority to levy and collect a tax on all real and personal property in the corporate limits of said district for school purposes only; to defray the expenses of maintaining said schools in said district, of erecting, preserving and renting school buildings and other property belonging to said board, but the rate of taxation shall not be exceeding one half of one per cent. School tax. Sec. 14. Be it further enacted, That said board is empowered to appoint three citizens of said district as tax-assessors, who shall assess the value of all property in said district for taxation; and said assessors shall have power to compel any citizen of the State to testify under oath as the ownership of any property in said district; and should any party refuse to testify, then said party shall be punished as provided for similar cases before a justice of the peace. Said board shall have the power to fix the time or times and manner of payment of said taxes. Tax-assessors. Sec. 15. Be it further enacted, That should any person or persons fail to pay said tax at the time fixed, then the secretary of said board 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 tax fi. fas. are levied, and shall proceed in the same manner. Said tax fi. fas. shall be a superior lien on the property of said delinquent taxpayer, except for State, county and municipal taxes. Tax fi. fas. Sec. 16. Be it further enacted, That section 13 of this Act shall not be operative until ratified by a majority of the voters residing in said district qualified to vote for the members of the General Assembly, at an election to be held for said purpose under the same

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regulations governing election of members of said board, except that the said board shall order elections on said questions as often as may be by said board deemed expedient, and at which election those who favor said section shall have on their tickets For section 13, and those who oppose said section shall have on their tickets Against section 13. Election for school tax. Sec. 17. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. HAZLEHURST, PUBLIC SCHOOL SYSTEM AMENDED No. 419. An Act to amend an Act approved December 18, 1901, authorizing the establishment of a system of public schools in the town of Hazlehurst, so as to provide for the election of members of the board of education by the qualified voters of said town; to change the length of the term from ten to eight months; to suspend the schools during the fall of the year 1903; to extend the territorial limit of the public schools one mile beyond the present corporate limits of the town, and by striking out the words town of Hazlehurst and inserting in lieu thereof the words school corporation whenever the same may be necessary to carry out the purpose of the amended 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 that the members of the board of education of the town of Hazlehurst shall be elected by the qualified voters of said town in the same manner and at the same time that the town officers are elected; said board of education's term of office shall be as follows: One member shall be elected for one year, one for two years, one for three years, one for four years and one for five years. After the next election there shall be one member elected each year for a term of five years. Hazlehurst, members of board of education, election and term of office. Sec. 2. Be it further enacted by the authority aforesaid, That the term of school shall not be more than eight scholastic months in each year, and that school shall be suspended during the fall of the year 1903. Scholastic year.

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Sec. 3. Be it further enacted by the authority aforesaid, That the territorial limits of said school corporation shall extend one mile in each direction beyond the present corporate limits of said town. Corporate limits of school. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. KENSINGTON SCHOOL DISTRICT IN WALKER COUNTY INCORPORATED. No. 312. An Act to incorporate the Kensington school district, in Walker county; to define the boundaries of the same; to regulate the management of school in said district; to provide revenue for said schools; to provide for the election of five 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 the said Kensington school district shall be vested in five (5) trustees, who are hereby constituted a body corporate under the name and style of the trustees of the Kensington school district, and by that name and style shall have perpetual succession, and shall have power to purchase, hold, receive, 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. Kensington school district, trustees of incorporated. Corporate powers. 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 land numbers 164, 197, 198, 199, 200, 201, 202, 232, 233, 234 and the south half of 163, in the eleventh district, fourth section of Walker county; also land lots numbers 216, west half of lots 180 and 181, in the eighth district, fourth section of Walker county, Georgia. Corporate limits. Sec. 3. Be it further enacted by the authority aforesaid, That J. P. Hunter, W. D. Rogers, C. F. Kaylor, C. K. Brooks and J. H.

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Fleming shall be, and are, hereby constituted the board of trustees to carry into effect the provisions of this Act. Trustees, pro tem. Sec. 4. Be it further enacted by the authority aforesaid, That the board of trustees, as named in section 3, shall serve as such trustees until the first day of September, 1907, and until their successors are elected and installed. In case there should occur a casual vacancy occasioned by the death of a member, or other cause, before the first election herein provided for, said vacancy shall be filled by an appointment made by a majority of the remaining members of the board; said new member to serve out the unexpired term of the member whose place he has been selected to fill. The first election of members of the board shall be held on the first Saturday in August, 1907, and quadrennially thereafter, at which election all citizens residing in said district qualified to vote for members of the General Assembly shall be qualified to vote at said election. Five citizens of said district shall be elected, who shall hold their office as trustees for a term of four years beginning on the first day of September, 1907, and the board so elected shall hold office for four years, and until their successors are elected and qualified; subsequent elections to be held on the first Saturday of August each fourth year from date of the first election. Election of trustees and terms of office. Sec. 5. Be it further enacted by the authority aforesaid, That said board of trustees shall organize by electing a chairman, secretary and treasurer from their own number, and no member shall receive compensation for his services. The treasurer shall give good and sufficient bond, to be approved by the board of trustees. Officers of board. Sec. 6. Be it further enacted by the authority aforesaid, That any citizen of said district shall be eligible to election to the office of trustee who is entitled to vote in said district. Eligibility. Sec. 7. Be it further enacted by the authority aforesaid, That the trustees of the Kensington 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 interests of the school to do so. Control of schools. Sec. 8. 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 Kensington school district for school purposes; to defray the expenses of managements of school in said district; to pay

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all or any part of the expense of carrying on the school in said district that said trustees shall deem to be to the best interests of said school; but that the rate of taxation shall never exceed one (1) per cent. Said board of trustees shall have full power to fix the time and manner of the payment of said tax. School tax. Sec. 9. Be it further enacted by the authority aforesaid, 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 sue 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. 10. Be it further enacted by the authority aforesaid, That it shall be the duty of the county school commissioner of Walker 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 school established under this Act for said district may be entitled under the rules of distribution under which the county board of education of Walker county assigns to the school their pro rata share of the public school fund. Pro rata share of county school fund. Sec. 11. Be it further enacted by the authority aforesaid, That the school of said Kensington 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 in case any school property required by said board of trustees under provisions of this Act, or otherwise, be sold, the funds derived therefrom shall be reinvested in other property, to be used for school purposes. School property. Sec. 13. 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. Reports of trustees. Sec. 14. Be it further enacted by the authority aforesaid, That 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, or own real estate taxable within, the corporate

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limits of said district shall be admitted into the aforesaid school upon payment of such admittance fee only as the board of trustees may deem necessary. Admissions to school. Sec. 15. Be it further enacted by the authority aforesaid, That as early as possible after the passage of this Act, and by the fourth Saturday in August 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 (1) per cent. on all the taxable property in said district, said tax to be paid on or before the first day of November of each year; 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 and school fund. Sec. 16. Be it further enacted by the authority aforesaid, That said board of education shall be empowered and directed to appoint three (3) of their number as tax-assessors, who shall assess the valuation of all property in said district for taxation. Tax-assessors. Sec. 17. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Repealing clause. Approved August 8, 1903. LAGRANGE PUBLIC SCHOOL SYSTEM AMENDED. No. 425. An Act to amend an Act to establish a system of public schools in the city of LaGrange, Georgia, and to provide for the maintenance of the same, approved December 17, 1901, so as to authorize the board of education of the city of LaGrange to take census of school population of said city, and to authorize the State School Commissioner to pay over to said board of education each year the pro rata share of the city of LaGrange to the State school fund as shown by said census and based thereon, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia,

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and it is hereby enacted by authority of same, That the board of education of the city of LaGrange shall prepare and take a census of all the pupils residing in said city of LaGrange annually or biennial, in their discretion, who are, under the law, entitled to participate in the State school fund, and furnish a report of the result of said census to the State School Commissioner on or before the first day of February of each year. LaGrange school census. Sec. 2. Be it further enacted, That upon the receipt of the foregoing report of the result of said census the State School Commissioner shall apportion to said city of LaGrange its pro rata share of the State school fund, based upon the result of said census, and pay over such pro rata share to the board of education of the city of LaGrange. Pro rata share of State school fund. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. LAWRENCEVILLE, PUBLIC SCHOOL SYSTEM AMENDED. No. 369. An Act to amend an Act to establish a system of public schools in the town of Lawrenceville, Georgia, and to provide for the support and maintenance of the same, etc., approved December 15, 1893, by changing section 6 so as to require the superintendent to report direct to the State School Commissioner, and the city board of education to receive from him the pro rata share of the State school fund, and for other purposes. Section 1. The General Assembly of Georgia do enact, That the above entitled Act be so amended as to make section 6 thereof read as follows: Section 6. The said board shall be entitled to receive, and it shall be the duty of the State School Commissioner to pay to said board, when received by him, the pro rata share of the State school fund for Gwinnett county belonging to the city of Lawrenceville, as based on the total attendance made by children attending said schools as compared to the total attendance made by children attending other public schools of said county; and it shall be the duty of the superintendent, or other executive officer of said city schools, to report direct to the State school commissioner on forms to be prescribed by him from time to time, as he may require. Lawrenceville's pro rata share of State school fund.

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Sec. 2. And be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903. LENARD SCHOOL DISTRICT IN COBB COUNTY INCORPORATED. No. 413. An Act to incorporate the Lenard school district, in Cobb county; to define the boundaries of the same; to regulate the management of the school in said district; to provide revenue for said school; to provide for the election of five trustees, 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 Lenard 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 Lenard School District, and by that name and style shall have perpetual succession, shall have a common seal, and shall have power to purchase, have, hold, receive, enjoy, possess and retain to them and their successors in office, for school purposes, any estate or estates, real or personal, of whatever kind or name within the jurisdictional limits of said district, and shall, by said name, be capable of suing and being sued in any court of law or equity in this State. Lenard school district, trustees of incorporated. Corporate powers. Sec. 2. Be it further enacted, That the corporate limits of said district shall extend from a point on the south side of land lot number 169 in the first district and second section of said Cobb county, where Wilks creek crosses said line, and from thence extending along the original land lines due west to the southwest corner of land lot number 545, in the sixteenth district and second section; thence due north along the original land lines to the northwest corner of land lot number 392, same district and section; thence east along the original land line to Wilks creek; thence down said creek to original starting point. Corporate limits. Sec. 3. Be it further enacted, That an election shall be held on the first Saturday in December, 1903, and on the same day of each second year thereafter, for five trustees to serve two years from

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January next after said election, and until their successors are elected and qualified. All citizens of said district who are qualified to vote for members of the General Assembly, and who have paid all taxes due said Lenard school district, and who have resided in said district six months next preceding the day of election, shall be eligible to vote. Elections of trustees. Sec. 4. Be it further enacted, That H. T. Martin, J. B. Johnson, C. M. Power, J. P. Johnson and B. A. Bell are hereby constituted as the trustees of said school district, to serve as such and with all the powers named herein until January 1, 1904. Trustees pro tem. Sec. 5. Be it further enacted, That all elections held under the provisions of this Act shall be held by said trustees, at some place fixed by them within said district, and any citizen of said district shall be eligible for the office of trustee who is qualified to vote in said elections. Elections, where and by whom held. Sec. 6. Be it further enacted, That the said trustees shall elect from their number a chairman and a secretary and treasurer; that said secretary and treasurer to receive such pay for his services as may be determined by said trustees. Officers of board. Sec. 7. Be it further enacted, That said trustees shall have full control of the schools in said district, shall employ teachers and fix their compensation, fix the rates of tuition and collect the same, and provide such rules and regulations for the government of said schools as they may deem proper. Control of schools. Sec. 8. Be it further enacted, That said board of trustees shall have power and authority to levy and collect a tax on all the taxable property in said district for the purpose of defraying the expenses of said schools; but the rate of taxation for said purpose shall not exceed one fifth of one per cent. in any one year. School tax. Sec. 9. Be it further enacted, That said trustees shall be empowered and directed to appoint three citizens of said district as tax-assessors, who shall assess the valuation of all property in said district for taxation; that said assessors shall have free access to State and county tax books, and shall, at their discretion, use said tax books, or returns, or any part thereof, that they may deem best in making the assessment for said district; and that said assessors shall have full power to compel any citizen of the State to testify under oath as to the value of any property in said district; and should any party refuse to testify, then said party shall be punished as provided for similar cases before justices of peace. Said board of trustees shall have power and authority to fix the time and manner of the payment of said taxes. Provisions of this section,

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and section 8, giving the board of trustees power and authority to levy and collect taxes on all the taxable property of said district, for the purpose of defraying the expenses of said school, shall not be effective until adopted by a two third vote of the qualified voters of said district. Tax-assessors. Election for taxation. Sec. 10. Be it further enacted, That the secretary and treasurer under the direction of said trustees shall be authorized to issue tax fi. fas. against all delinquent taxpayers, which shall be collected in the same manner as State and county tax fi. fas. Tax fi. fas. Sec. 11. Be it further enacted, That as soon as practicable said trustees shall have a census of all the school population in said district taken and shall report the same to the State School Commissioner, who shall be empowered and directed to pay to the secretary and treasury of said district from time to time the portion of the common school fund arising from any source belonging to said district, and the county school commissioner of Cobb county shall pay over to said secretary and treasury, from time to time the pro rata part of the school fund of Cobb county for all children of or within the school age who attend said schools, and who reside out of said school district. School census. Pro rata share of county school fund. Sec. 12. Be it further enacted, That the schools in Lenard school district shall not be under the control of any county board or county school commissioner. Control of schools. Sec. 13. Be it further enacted, That should any vacancy occup [Illegible Text] in said board of trustees, the same shall be filled for the remainder of the term by appointment of the remaining members of the board. Vacancies on board. Sec. 14. Be it further enacted, That before entering upon their duties the said trustees shall take and subscribe an oath faithfully and impartially to perform their duties as herein set out; and the secretary and treasurer shall give a good and sufficient bond in the sum of five hundred dollars, payable to the chairman of said board and his successors in office, and conditioned for the faithful performance of his duties. Said oaths and bond shall be recorded in the book of minutes of said board of trustees. Oath of trustees and bonds of officers. Sec. 15. Be it further enacted, That the provisions of this Act incorporating Lenard school district should not go into effect until ratified by a majority of the qualified voters living within the territory incorporated in this bill, at an election to be held by any three freeholders entitled to vote at said election, within sixty days after the approval of this bill, of which election not less than twenty days' notice shall be given by the trustees named in this bill,

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by posting notices at three or more prominent places within the territory incorporated in this district; said notices to state plainly the time and place of holding said election, the polls to remain open from 8 o'clock a.m. until 3 o'clock p.m. Those voting in said election who desire to adopt the provisions of this Act incorporating said district, shall have printed on their tickets For incorporation; and those voting against the adoption of the provision of this Act shall have written or printed on their tickets Against incorporation. All persons who have lived within the district incorporated in this bill for six months next preceding the election, and who are entitled to vote for member of the General Assembly under the present law, shall be entitled to vote in said election. When the polls in said election are closed, the managers shall proceed at once to count the ballots, and declare the result of said election, and the returns, together with the result, as declared by said managers, shall be filed in the ordinary's office of Cobb county. Election to create school corporation. Sec. 16. Be it further enacted, That all laws in conflict herewith are hereby repealed. Repealing clause. Approved August 18, 1903. MAYSVILLE, BOARD OF EDUCATION FOR. No. 355. An Act to amend an Act approved December 6, 1902, entitled an Act to amend an Act approved September 30, 1885, to amend the charter of the town of Maysville, so as to provide that the board of education of said town shall consist of seven members; to provide for the election of the same and their term 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 section 2 of an Act approved December 6, 1902, entitled an Act to amend an Act approved September 30, 1885, an Act to amend the charter of the town of Maysville be, and the same is, hereby amended by striking out the following of lines twenty-five and twenty-six: 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, and inserting in lieu thereof the following: seven members, who shall be elected by the mayor

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and council of the town of Maysville, two for a term of two years, two for four, and three for six years, and at the expiration of their several terms of office said members shall be afterwards elected for a term of six years each. Maysville, members of board of education, how elected and terms of office. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903. MILNER SCHOOL DISTRICT IN PIKE COUNTY INCORPORATED. No. 467. An Act to incorporate the Milner school district in Pike county; to establish a board of education therein; to provide for election of same, and confer on said board certain powers to regulate the management and control of the 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 town of Milner, in county of Pike, to be known as Milner school district, which district shall extend outward in all directions two and a half miles from the center of the four-acre school lot whereon Milner high school now stands. The center of said school lot shall be at the intersection of straight lines running from the northeast corner to the southwest corner, and from the southeast corner to the north-west corner of said lot. Milner school district incorporated, limits of. Sec. 2. Be it further enacted, That the management and control of all schools in said district shall be vested in a board of education, composed of nine persons, and which, by that name and style, shall have perpetual succession, have and use a common seal; have power 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 Rev. Rolfe Hunt, W. M. Rice, W. G. Tyus, J. H. Wilson, J. H. Philips, J. W. Woodall, Luther Holmes, T. J. Hunt and S. J. Hale shall be, and are, hereby

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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 annually the first Saturday in December. The first election under this Act shall be held the first Saturday in December, 1903, at which time the three persons receiving the highest number of votes shall be elected for three years, and the three persons receiving the next highest number of votes shall be elected for two years, and the three persons receiving the next highest number of votes shall be elected for one year from said date, members of said board. Their successors in office shall serve for a term of three years, beginning from the date of their respective elections. The board of education shall fill all vacancies occurring between elections in said board. The persons herein named shall serve until their successors are elected and qualified. Members pro tem. of board Election of members. Sec. 4. Be it further enacted, That said board of education shall immediately after this Act goes into effect organize by electing a president, vice-president, secretary and treasurer. No member shall receive compensation for his services except secretary and treasurer, whose compensation shall be fixed by the board at the beginning of his term, and shall not thereafter be changed during said term. The secretary and treasurer shall each give good and sufficient bond. No person shall be a member of said board, secretary or superintendent, who is a member of the county board of education. Officers of board. 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 educational interest of same district, and not in conflict with the provisions of this Act or 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 for twenty days prior to the holding of same by said board, and which election shall be held in accordance with the laws governing

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the election of members to the legislature, and in which election the returns shall be made to the board of education of such district, who shall publish same. Any citizen may contest the legality of said election, or the correctness of said returns in same manner as contests are made in the election of justice of the peace and constables. Powers of board. 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 discretion of the board. The curriculum in said school shall be only such as is taught in the system of public schools maintained by the State, except for the more advanced, in which event said board may provide for higher curriculum, to be paid for by the patrons who may send the more advanced pupils 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 school under the laws of this State, and whose parents, guardians or natural protectors reside within the corporate limits of same district, shall be admitted to the aforesaid schools, the white children into the white school, and the colored children into the colored school, upon the payment of such admittance fee only as the board of education may deem necessary. Children of non-resident, 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. Scholastic year. Curriculum. White and colored schools. Admissions. Non-resident pupils, Sec. 7. Be it further enacted, That said board shall have full power and authority to levy and collect annually a tax on all real and personal property in the corporative limits of same district for school purposes to defray the expenses of management of schools therein. This rate shall never exceed one half of one per cent. School tax. Sec. 8. Be it further enacted, That the board of education aforesaid shall be, and are, hereby empowered and directed to appoint three citizens of said school district as tax-assessors, who shall assess all the property in said district. That said assessors shall have free access to State and county tax books, and to municipal tax books, and shall, at their discretion, use such returns, or any part of them, in making assessments in said school district. That said assessors shall have power and authority to compel any citizen of the State to testify, under oath, as to any property in said district, whether it be his own or the property of another,

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and should any person refuse to testify, then said person shall be punished as provided for similar cases before a justice of the peace. Said assessors shall make a report of their work to the board of education, showing the value of and to whom all the property in said district belongs, and said board shall have power and authority to fix the time and manner of payment of taxes. Tax-assessors. Sec. 9. Be it further enacted, That as soon as practicable after the election and qualification of the members of the educational board of said district (after the ratification of this Act), shall have census of the school population of said district taken, and shall report the same to the State School Commissioner, who shall be, and is, hereby empowered and directed to pay to the treasurer of the board of education of Milner school district, from time to time, the pro rata part of the public school funds according to said school population, in the same manner as paid to the county school boards all over the State. School census. Pro rata share of State school fund. Sec. 10. Be it further enacted, That the schools in said district shall not be under the control of any county school board, but shall be controlled by the board of said district, who shall report directly to the State School Commissioner. Control of schools. Sec. 11. Be it further enacted, That after the ratification of this Act, the board of education of Pike county shall not establish any other school, grant any license to or contract with any other person to teach a school of any character in said district, nor shall any of the State school funds be paid to any school in said district other than the schools here provided for. Control of schools. Sec. 12. Be it further enacted, That the county school commissioner of Pike county shall pay over to the treasurer of the educational board of said school district the pro rata share of school fund of Pike county for all children of, or within, school age, who are residents of same county outside of the limits of said Milner school district, attending the school of said district. Pro rata share of county school fund. Sec. 13. Be it further enacted, That as soon as practicable after the ratification of this Act, and for each succeeding year thereafter, 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 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 the tax-collector in the collection of said taxes; provided, that the said amount does not exceed one half of one per cent. on the taxable property in said district. Said tax shall be collected annually by

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the first of October, and 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 the 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. School fund. Sec. 14. Be it further enacted, That in case any school property acquired by said board, under any provisions of this Act or otherwise, the fund derived from such sale shall be reinvested in other property to be used for school purposes. School property Sec. 15. 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 here 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 town of Milner. The legally qualified voters only of such school district shall be allowed to vote in said election, and the registration list last prepared by the registrars before any such election shall constitute the highest evidence of who 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 written or printed on their ballots Against the establishment of public schools; and if two thirds of the qualified voters in said district in such election shall vote for the establishment of public schools, this Act shall become immediately operative, and said board shall put same school in operation, beginning with January, 1904. Should the result of said election be against the establishment of public schools, the board of education of said district may order another election once every six months thereafter until public schools are adopted. Election to establish public schools. Sec. 16. 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 it necessary, and they shall accompany reports with the treasurer's report of a full and itemized statement of all money received and all expenses of said board. Reports of board.

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Sec. 17. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. MOUNT VERNON SCHOOL DISTRICT IN DOOLY COUNTY INCORPORATED. No. 410. An Act to incorporate the Mount Vernon school district, in Dooly county; to define its boundaries; to regulate the management of the schools in said district; to provide for revenue for running and maintaining said schools; to provide for the election of the trustees who are to succeed the trustees named herein; to define the powers and duties of the trustees, 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 Mount Vernon school district is hereby constituted a body corporate, to be managed and controlled by a board of trustees consisting of five members, to be chosen as hereinafter set out, and shall be known and incorporated under the name and style of Trustees of the Mount Vernon 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 or for the benefit or use of the schools in said district, any estate or estates, real or personal, of what kind or nature, within the jurisdictional limits of said district, and shall by said name or style be capable of suing and being sued in any court of competent jurisdiction in this State. Mount Vernon school district incorporated. Corporate powers. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said district shall be bounded as follows: Beginning where Little Pennahatchee creek crosses the Vienna and Montezuma public road; thence north along said public road to the second district line; thence west to ninth district line; thence south to the southeast corner of land lot No. 164, in the ninth district, Dooly county; thence west to Flint river; thence south along said river to the mouth of Big Pennahatchee creek; thence

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east along Big Pennahatchee creek to the point where Little Pennahatchee empties into Big Pennahatchee; thence up Little Pennahatchee to the starting point. Corporate limits. Sec. 3. Be it further enacted by the authority aforesaid, That D. F. Forehand and H. D. Royal are hereby made trustees of the said Mount Vernon school district, who shall hold office till the first regular election held hereunder, to wit: on the third Wednesday in June, 1904, and until their successors are elected and qualified. Also W. I. Butler, A. Q. Royal and J. L. Godwin are hereby made trustees of the said district, and shall hold office until the second regular election held hereunder, to wit: On the third Wednesday in June, 1905, and until their successors are elected and qualified; the object being to divide the board of trustees into two sections, two members to be elected one year and three members the next year, thus alternating each year. Trustees pro tem. Sec. 4. Be it further enacted by the authority aforesaid, That beginning on the second Wednesday in June, 1904, and annually thereafter, there shall be an election held for the election of school trustees of said district. The members thus elected shall hold office for two years, and until their successors are elected and qualified. All persons who are and have been residents of the said Mount Vernon school district next preceding the day of the election for six months, and who have paid all taxes due said school district, and who are otherwise qualified to vote for members of the General Assembly, shall be qualified to vote at said election for trustees; provided, no person shall be eligible to hold the office of trustee who does not own some property for taxation in said district other than paying a poll tax. Trustees, election of Sec. 5. Be it further enacted by the authority aforesaid, That the elections to be held hereunder shall be held under the supervision of any justice of the peace or notary public ex officio justice of the peace of said district, with any two freeholders or any three freeholders of said district. But should no election be held on the day specified, or in case of a tie, then any citizen of said district may post a call in prominent places in said district for at least thirty days, stating day and purpose of said called election, on which day an election shall be held as above provided for. Elections, now held. Sec. 6. Be it further enacted by the authority aforesaid, That the persons receiving the highest number of votes cast shall be declared elected, and a certificate of election shall be issued to such successful persons; provided, however, such certificate of election shall not be delivered till the expiration of five days from

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the date of said election. The persons thus elected shall, after receiving said certificate of election, qualify and subscribe to by taking an oath to well and truly perform the duties of trustees of said district, and shall forthwith enter upon the discharge of the duties of said office. Certificates of election and oath of trustees Sec. 7. Be it further enacted by the authority aforesaid, That the trustees shall elect from their body a chairman and a vice-chairman. They shall also elect a secretary and treasurer, either from their body or any citizen of said district, and fix his compensation. The trustees shall receive no compensation for their services as such. Officers of board. Sec. 8. Be it further enacted by the authority aforesaid, That the trustees of said district shall have full control of the management of all the schools in said district; shall have full power and authority to employ all teachers or other persons, fix their compensation, prescribe their duties, and shall have full power and authority to remove any teacher or other person employed in connection with said schools, when in their discretion they think best. Separate schools for the white and colored children shall be provided. Sec. 9. Be it further enacted by the authority aforesaid, That all school funds coming into the hands of the county school commissioner of Dooly county to which the schools of this district are entitled shall be paid directly to the secretary and treasurer of said board of trustees by said commissioner. All children who are entitled to the benefit of the public school funds of this State shall be admitted to said schools upon payment of such incidental and matriculation fees as the said board of trustees may see proper to charge or impose, which fees shall not exceed the sum of ($4.00) four dollars annually. The said trustees 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 trustees it would be detrimental to the moral or general welfare of said schools or the pupils therein to allow them to enter or remain in said schools. Pro rata share of county school fund. Admission of pupils. Sec. 10. Be it further enacted by the authority aforesaid, That the county board of education shall have no authority to employ or discharge any teacher in the schools in said district; the management of said schools to be entirely in the hands of the trustees of said district. Control of schools. Sec. 11. Be it further enacted, That the trustees of Mount Vernon school district shall have power and authority to issue bonds; provided that they shall post in three conspicuous places in said

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district and publish in some paper in the county for thirty days a notice stating the amount of the proposed bond issue, when due, rate of interest and for what purpose to be used; also notice of an election to ratify or reject the action of the board of trustees in issuing bonds; said election to be held as above provided for; and should two thirds of the registered voters who have registered to vote in this election in said district, who are property holders, vote to ratify the action of the board of trustees, then said board of trustees shall have power and authority to issue said bonds and dispose of same as they may see best for school purposes. The total bond issue outstanding shall never exceed seven per cent. of the taxable value of the property in said district. Bonds, election for. Sec. 12. Be it further enacted by the authority aforesaid, That the said trustees shall have power and authority at any time to have a census made of the number of children of school age residing in said district, which shall be the basis of settlement with the county board of education. School census. Sec. 13. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not go into effect in said district until same shall be ratified by a majority of the qualified electors of said district in an election which may be called and conducted as elections hereinbefore provided as near as possible. Election to ratify this Act. Sec. 14. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 18, 1903. MOUNT ZION SCHOOL DISTRICT IN COBB COUNTY INCORPORATED. No. 431. An Act to incorporate the Mount Zion school district in Cobb county; to define the boundaries of the same; to regulate the management of the schools in said Mount Zion school 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 said Mount Zion school district

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shall be vested in five trustees, who are hereby constituted a body corporate under the name and style of the Trustees of the Mount Zion school District, and by that name and style shall have perpetual succession, shall have a common seal, and shall have power to purchase, have, hold, receive, enjoy, possess and retain to them and their successors in office, for school purposes, any estate or estates, real or personal, of whatever kind or name within the jurisdictional limits of said district, and shall, by said name, be capable of suing and being sued in any court of law or equity in this State. Mount Zion school district, trustees of incorporated. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said district shall extend from a point where Olley's creek interesects the southern line of original land lot No. 697, in the 19th district and 2d section of said county, and from thence extending along the original land lines on the south side of lots of land Nos. 697, 696, 695, 694, 693, 692, and 691, to the southwest corner of lot No. 691; from thence directly north along the west side of original land lots Nos. 691, 642, 617, 568, 543 and 494; thence from the northwest corner of lot No. 494 east along the north side of the original land line of said lot to the southwest corner of lot No. 470; thence north along the west side of said lot to the northwest corner of same; thence directly west along the original land line, on the north of lot number 469, to the northwest corner of said lot No. 469; then north along the west side of original land lots Nos. 420, 395, to the southwest corner of lot No. 346; thence directly northeast, diagonally across lots of land Nos.(346, 322 and 270, to the northwest corner of lot of land No. 269; thence east along the north side of original land lot No. 269 to the southwest corner of lot of land No. 251; thence directly northeast, diagonally across lots of land Nos.) 251, 193, 179, to the southwest corner of lot of land No. 117; thence north along the west side of said lot to the northwest corner of same; thence east along the north side of original land lots Nos. 117 and 116 to the northeast corner of said lot No. 116; thence south along the east side of original land lots Nos. 116, 181 and 190, to the southeast corner of said lot No. 190; thence east along the north side of original land lots Nos. 256, 257, 258 and 259, to the northeast corner of said lot No. 259; thence south along the east side of original land lots Nos. 259, 260, 333, 334 and 407, to a point where said line intersects with Olley's creek; thence southwesterly along said Olley's creek to the beginning point. Corporate limits.

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Sec. 3. Be it enacted by the authority aforesaid, That an election shall be held on the first Monday in August, 1903, and on the same day biennially thereafter, for five trustees to serve two years until their successors are elected and qualified. All citizens who are qualified to vote in State elections, and who have paid all taxes due said Mount Zion school district, and who have resided in said district for a period of six months next preceding the day of election, shall be qualified to vote. Election of trustees. Sec. 4. Be it further enacted, That the said election shall be held under the supervision of any justice of the peace or notary public ex officio justice of the peace, in the militia district where the said Mount Zion school district is situated, together with any two freeholders within the corporate limits of said Mount Zion school district. But should no election be held on the day specified, then five citizens of said district may post a call for an election, signed by them, in three or more prominent places within the corporate limits of said district for at least thirty days, stating the day of said called election, on which day an election shall be held as above provided. Election, how held. Sec. 5. Be it further enacted by the authority aforesaid, That any citizen of said district shall be eligible to election to the office of trustee who is entitled to vote in said district and who is the owner of improved realty in said district; but any person owning improved realty in said district, although a non-resident, may be eligible to be elected to the office of trustee in said district. Eligibility. Sec. 6. Be it further enacted by the authority aforesaid, That the five citizens who are eligible to the office of trustee, who shall receive, respectively, the highest number of votes, shall be declared elected, and the persons so elected shall be required to attend the usual place of holding trustees' meetings within five days after said election and qualify by taking oath well and truly to perform the duties of the office to which they have been elected, and shall forthwith enter upon the discharge of the duties of said office. Oath of trustees. Sec. 7. Be it further enacted by the authority aforesaid, That the said trustees shall select a chairman for their body and a secretary and treasurer. Said secretary and treasurer may be either from their body or any citizen of said district; but no trustee, other than the secretary and treasurer shall receive any compensation for their services. Officers of board. Sec. 8. Be it further enacted by the authority aforesaid, That the trustees of the Mount Zion school district shall have full control of the school in said district, to employ teachers and fix their compensation

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and duties, and to employ such other persons as they may deem best for the interests of said schools, and shall have full power to remove any and all teachers and employees whenever, in the opinion of the board of trustees, it is to the interests of the schools to do so. That said trustees shall have full power to fix the rate of tuition and to collect the same. Control of schools. Sec. 9. The provisions of this Act shall not become operative until the same shall be submitted to the qualified voters of the district, and shall have been ratified by two thirds of the qualified voters of said district. The matter shall be submitted to the qualified voters by the ordinary of said county, who shall give notice of the election to be held in the bounds of the proposed school district, by advertising the date of said election once a week for four weeks in the newspaper in which the sheriff of Cobb county publishes his official advertisements, and by having a notice posted in three public places in said district. At such election only qualified voters, residents of said proposed district, shall be allowed or qualified to vote, and those voters qualified to vote at the last general election and resident in said district shall be qualified electors for purpose of this election. The elections shall be held at such precincts in said proposed district as the ordinary may prescribe, and if there are not sufficient precincts within said proposed district, the ordinary may prescribe additional voting places, all of which shall be set out in the advertisement of said election. The ordinary of Cobb county shall consolidate the vote and declare the result. Election to ratify this Act. Sec. 10. Be it further enacted by the authority aforesaid, That as soon as practicable after their election and qualifying, the board of trustees of said district shall order a census of the school population of said district taken, and shall report the same to the State School Commissioner, who shall be empowered and directed to pay to the secretary and treasurer of the trustees of the said Mount Zion school district from time to time the proportion of the common school fund arising from any source belonging to the said Mount Zion school district, to be determined by the number of pupils of school age in said district as compared with all the children entitled to the school fund in Cobb county. School census. Pro rata share of State school fund. Sec. 11. Be it further enacted by the authority aforesaid, That the county school commissioner of Cobb county shall pay over to the secretary and treasurer of the board of trustees of the Mount Zion school district the pro rata share of the school fund of Cobb county for all children of or within school age, who are residents

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of said county and are not residents of the said Mount Zion school district, but who are attending the public schools of said district. Pro rata share of county school fund. Sec. 12. Be it further enacted by the authority aforesaid, That the schools of said Mount Zion school district shall not be under the control of any county school board, but shall be controlled by the trustees of said district, who shall report direct to the State School Commissioner. Sec. 13. Be it further enacted by the authority aforesaid, That three of the said school trustees shall constitute a quorum for the transaction of business, and that any member of said board of trustees shall, for malfeasance or nonfeasance, be removed from the office by the majority vote of the other members of said board, and the vacancy and other vacancies, whatever cause, shall be filled by the board of trustees, the said trustees electing a member or members who are eligible as provided in section 5 of this Act, and who shall thereafter, as soon as practicable, take oath of office as hereinbefore prescribed. Quorum of board. Removal of trustees. Sec. 14. Be it further enacted by the authority aforesaid, That the secretary and treasurer shall be required to make a good and sufficient bond for the sum of five hundred dollars, or in a larger sum whenever the case may be deemed necessary by the board of trustees, payable to the chairman of the board of trustees of the Mount Zion school district, for the faithful performance of the duties of his office. Bonds of secretary and treasurer. Sec. 15. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. OAK GROVE SCHOOL DISTRICT IN DOOLY COUNTY INCORPORATED. No. 397. An Act to incorporate the Oak Grove school district, in Dooly county; to describe and define its boundaries; to regulate the management and government of the schools in said district; to provide for revenue for establishing, running and maintaining said schools; to provide for the election of trustees who are to succeed the trustees named herein; to define the powers and duties of said trustees, and for other purposes. Section 1. Be it enacted by the General Assembly of the State

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of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the Oak Grove school district in the county of Dooly is hereby constituted a body corporate, to be managed and controlled by a board of trustees consisting of seven members, who are to be chosen as hereinafter provided, said trustees to be known and incorporated under the name and style of Trustees of Oak Grove 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 or for the benefit or use of the schools in said district any estate or estates, real or personal, within the jurisdictional limits of said district; and shall by said name or style be capable of being sued or suing in any court of competent jurisdiction of this State. Oak Grove school district incorporated. Trustees. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said district shall be bounded as follows, to wit: on the north by Clewis' Mill creek and Turkey creek; on the south by the seventh district linethat is, the line dividing the seventh and second land districts in said county; on the east by 1476 militia district linethat is, the western boundary of the Pinehurst militia districtand on the west by Turkey creek. Corporate limits. Sec. 3. Be it further enacted by the authority aforesaid, That A. F. Forehand, Eli Woodruff and C. H. Roberts are hereby named and constituted trustees of the said Oak Grove school district, who shall hold office till the first regular election held hereunder, to wit: On the second Wednesday in December, 1904, and until their successors are elected and qualified. Also S. W. C. Dorsey, W. P. Thompson, J. W. Smith and M. S. Carroll are hereby named and constituted trustees of said district, and shall hold office until the second regular election held hereunder, to wit: On the second Wednesday in December, 1905, and until their successors are elected and are qualified; the object being to divide the board of trustees into two sections, three members to be elected one year and four members the next year, thus alternating each year. Trustees pro tem. Sec. 4. Be it further enacted by the authority aforesaid, That beginning on the second Wednesday in December, 1904, and annually thereafter, there shall be an election held for the election of school trustees of said district. The members thus elected shall hold office for two years and until their successors are elected and qualified. All persons who are residents of the said Oak Grove school district, next preceding the day of the election, for at least

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six months, and who have paid all taxes due said school district, and who are otherwise qualified to vote for members of the General Assembly, shall be qualified to vote at said election of trustees; provided, no person shall be eligible to hold the office of trustee who does not own some property for taxation in said district other than paying a poll tax. Elections for trustees. Sec. 5. Be it further enacted by the authority aforesaid, That the election to be held hereunder shall be held under the supervision of any justice of the peace or notary public ex officio justice of the peace of said district, with any two freeholders or any three free holders of said district. But should no election be held on the day specified, or in case of a tie, then any citizen of said district may post a call in three prominent places in said district for at least thirty days before the election, stating day and purpose of said called election, on which an election shall be held as provided for, said notice of called election to be signed by three freeholders. How held. Sec. 6. Be it further enacted by the authority aforesaid, That the persons receiving the highest number of votes cast shall be declared elected and a certificate of election shall be issued to such successful person; provided, however, such certificates of election shall not be delivered till the expiration of five days from the date of said election. The persons thus elected shall, after receiving said certificate of election, qualify by taking and subscribing an oath to well and truly perform the duties of trustee of said district, and shall forthwith enter upon the discharge of the duties of his said office. Certificates of election. Sec. 7. Be it further enacted by the authority aforesaid, That the trustees shall elect from their body a chairman and a vice-chairman, and prescribe their duties and powers. They shall also elect a clerk and treasurer, either from their body or some other person residing in the district, to fix his compensation, and from time to time shall prescribe such duties as they may require of the clerk and treasurer. Said clerk and treasurer shall give such bond as may be required of him by the said trustees, which bond shall be made payable to the trustees of the Oak Grove school district. Officers of board. Sec. 8. Be it further enacted by the authority aforesaid, That the trustees of said district shall have full control of all the schools in said district, and shall employ all teachers and other persons connected with the schools in said district, fix their salaries, prescribe their duties, and may discharge any teacher or other person employed in connection with said schools at any time when in their discretion they think best. Separate schools for white and colored

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children shall be provided and run for a reasonable time each year. Control of schools. Sec. 9. Be it further enacted by the authority aforesaid, That said trustees shall have full power and authority to levy and collect a tax for school purposes on all and every kind of property, both real and personal, of whatever nature, except property expressly exempt from taxation by law, within the corporate limits of said school district. They shall have power and authority to receive all moneys belonging to said district for school purposes and shall pay out same as to the said trustees seem best. They shall have absolute control of the school funds of said district; provided, the tax rate so levied shall never exceed two fifths of one per centum per annum. School tax. Sec. 10. Be it further enacted by the authority aforesaid, That said trustees are hereby empowered and directed to appoint three freeholders of said district as tax-assessors, who shall hold their office for one year and who shall assess the value of all property in said district for taxation which is not returned to the secretary and treasurer for taxation, or which has been returned for a lower sum than the trustees think reasonable and just. Any person being dissatisfied with the valuation may, upon written notice to the trustees, have the valuation made by the assessors reviewed de novo by the chairman of the board of trustees and a person selected by the property holder, and these two may select a third person if they fail to agree, and a decision of a majority of these three sitting together shall be final as to all parties. Tax-assessors. Sec. 11. Be it further enacted by the authority aforesaid, That should any person or persons fail to pay said tax at the required time, then the secretary and treasurer, by order of the board of trustees, shall issue a tax fi. fa., which shall be levied on the property of the delinquent taxpayer in the same manner as State and county tax fi. fas. are levied and collected. Said tax fi. fas. shall be a superior lien on the property of the said delinquent taxpayer, except for State and county taxes. The levy under said fi. fas. may be made by the clerk and treasurer of the board of trustees, the sheriff of Dooly county, or any constable of said county, but the mode of procedure shall be substantially the same as in the collection of State and county tax fi. fas., levy and sale. Tax fi. fas. Sec. 12. Be it further enacted by the authority aforesaid, That all school funds coming into the hands of the county school commissioner of Dooly county, to which the schools in said district are entitled, shall be paid directly to the secretary and treasurer of

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said board of trustees by said commissioner. All children who are entitled to the benefit 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 of trustees may see proper to charge or impose, which fees shall not exceed the sum of four ($4.00) dollars annually. The said trustees 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 discretion of said trustees, it would be detrimental to the moral or general welfare of said schools or the other pupils therein to allow them to enter or remain in said schools. Pro rata share of county school fund. Admission of pupils. Sec. 13. Be it further enacted by the authority aforesaid, That the county board of education shall have no authority to employ or discharge any teacher in the schools in said district; the management and location of said schools to be entirely in the hands of the trustees of said district. Control of schools. Sec. 14. Be it further enacted by the authority aforesaid, That the trustees of the Oak Grove school district shall have power and authority to issue bonds for school purposes; provided, that they shall post in three conspicuous places in said district and publish in some paper in the county thirty days before the election a notice stating the amount of the proposed bond issue, when due, rate of interest they are to bear and for what purpose to be used. Also a notice of an election to ratify or reject the action of the board of trustees in issuing bonds. Said election to be held as other elections herein provided for, and should two thirds of the registered voters, who have registered to vote in this election, in said district, vote to ratify the action of the board of trustees, then said board of trustees shall have power and authority to issue said bonds and dispose of same as they think best for school purposes. The total bond issue outstanding shall never exceed seven per centum of the total property value in said district. School bonds, election for. Sec. 15. Be it further enacted by the authority aforesaid, That the said trustees shall have power and authority at any time to have a census made of the number of children of school age residing in said district, which shall be the basis of settlement with the county board of education. School census. Sec. 16. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 18, 1903.

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OAKLAND SCHOOL DISTRICT IN DOOLY COUNTY INCORPORATED. No. 452. An Act to incorporate the Oakland school district in Dooly county; to describe and define its boundaries; to regulate the management and government of the schools in said district; to provide for revenue for establishing, running and maintaining said schools; to provide for the election of trustees who are to succeed the trustees named herein; to define the powers and duties of said trustees, 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 Oakland school district in the county of Dooly is hereby constituted a body corporate, to be managed and controlled by a board of trustees consisting of seven members, who are to be chosen as hereinafter provided, said trustees to be known and incorporated under the name and style of Trustees of Oakland 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, or for the benefit or use of the schools in said district, any estate or estates, real or personal, within the jurisdictional limits of said districts, and shall by said name and style be capable of being sued or suing in any court of competent jurisdiction of this State. Oakland school district, trustees of incorporated. Corporate powers. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said district shall contain the following lots of land in the second district of Dooly county, to wit: 6, 7, 8, 9, 10, 27, 26, 25, 24, 23, 38, 39, 40, 41, 42, 59 58, 57, 56, 55, 70, 71, 72, 73, 74, 91, 90, 89, 102, 103, 123, and that portion of 134, 122, 104 and 88 lying on the west side of Turkey creek. Corporate limits. Sec. 3. Be it further enacted by the authority aforesaid, That on the first Saturday in September, 1903, there shall be an election held for the election of a board of trustees for said district; to consist of seven members, three of whom shall hold office till the first regular election held hereunder, to wit, on the second Saturday in December, 1904, and until their successors are elected and qualified; and the other four members shall hold office until the second regular election held hereunder, to wit, on the second Saturday

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in December, 1905, and until their successors are elected and qualified, the object being to divide the board of trustees into two sections, three members to be elected one year and four members the next year, thus alternating each year; said election to be called, held and conducted, as near as possible, as hereinafter provided for in section 5 of this Act. Trustees, election of. Sec. 4. Be it further enacted by the authority aforesaid, That beginning on the second Saturday in December, 1904, and annually thereafter, there shall be an election held for the election of school trustees of said district. The members thus elected shall hold office for two years and until their successors are elected and qualified. All persons who are residents of the said Oakland school district next preceding the day of the election for at least six months, and who have paid all taxes due said school district, and who are otherwise qualified to vote for members of the General Assembly, shall be qualified to vote at said election of trustees; provided, no person shall be eligible to hold the office of trustee who does not own property for taxation in said district other than paying a poll tax. Election of trustees. Sec. 5. Be it further enacted by the authority aforesaid, That the election to be held hereunder shall be held under the supervision of any justice of the peace or notary public ex officio justice of the peace of said district, with any two freeholders or any three freeholders of said district; but should no election be held on the day specified, or in case of a tie, then any citizen of said district may post a call in three prominent places in said district for at least thirty days before the election, stating day and purpose of said called election, on which an election shall be held as above provided for, said notice of called election to be signed by three freeholders. How Sec. 6. Be it further enacted by the authority aforesaid, That the persons receiving the highest number of votes cast shall be declared elected, and a certificate of election shall be issued to such successful persons; provided, however, such certificates of election shall not be delivered till the expiration of five days from the date of said election. The persons thus elected shall, after receiving said certificate of election, qualify by taking and subscribing an oath to well and truly perform the duties of trustee of said district, and shall forthwith enter upon the discharge of the duties of his said office. Certificates of election. Sec. 7. Be it further enacted by the authority aforesaid, That the trustees shall elect from their body a chairman and a vice-chairman and prescribe their duties and powers; they shall also elect a clerk and treasurer, either from their body or some other

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person residing in the district, fix his compensation and from time to time shall prescribe such duties as they may require of the clerk and treasurer. Said clerk and treasurer shall give such bond as may be required of him by the said trustees, which bond shall be made payable to the trustees of the Oakland school district. Officers of board. Sec. 8. Be it further enacted by the authority aforesaid, That the trustees of said district shall have full control of all the schools in said district, and shall employ all teachers and other persons connected with the schools in said district, fix their salaries, prescribe their duties, and may discharge any teacher or other persons employed in connection with said schools at any time when in their discretion they think best. Separate schools for white and colored children shall be provided and run for a reasonable time each year. Control of schools. Sec. 9. Be it further enacted by the authority aforesaid, That all school funds coming into the hands of the county school commissioner of Dooly county, to which the schools in said district are entitled, shall be paid directly to the secretary and treasurer of said board of trustees by said commissioner. All children who are entitled to the benefit of the public school funds of the State shall be entitled to said schools upon the payment of such incidental and matriculation fees as the said board of trustees may see proper to charge or impose, which fees shall not exceed the sum of four ($4.00) dollars annually. The said trustees 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 discretion of said trustees it would be detrimental to the moral or general welfare of said schools or the other pupils therein to allow them to enter or remain in said schools. Pro rata share of county school fund. Admission of pupils. Sec. 10. Be it further enacted by the authority aforesaid, That the county board of education shall have no authority to employ or discharge any teacher in the schools in said district, the management and location of said schools to be entirely in the hands of the trustees of said district. Control of schools. Sec. 11. Be it further enacted by the authority aforesaid, That the trustees of the Oakland school district shall have power and authority to issue bonds for school purposes, provided that they shall post in three conspicuous places in said district and publish in some paper in the county thirty days before the election a notice stating the amount of the proposed bond issue, when due, rate of interest they are to bear and for what purpose to be used; also a notice of an election to ratify or reject the action of the board of trustees

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in issuing bonds, said election to be held as other elections herein provided for, and should two thirds of the registered voters, who have registered to vote in this election, in said district, vote to ratify the action of the board of trustees, then said board of trustees shall have power and authority to issue said bonds and to dispose of same as they think best for school purposes. The total bond issue outstanding shall never exceed seven per centum of the total property value in said district. School bonds, election for. Sec. 12. Be it further enacted by the authority aforesaid, That the said trustees shall have power and authority at any time to have a census made of the number of children of school age residing in said district, which shall be the basis of settlement with the county board of education. School census. Sec. 13. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. OLIVE SPRINGS SCHOOL DISTRICT IN COBB COUNTY INCORPORATED. No. 402. An Act to incorporate the Olive Springs school district, in Cobb county; to define the boundaries of the same; to regulate the management of the schools in said Olive Springs 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 Olive Springs school district shall be vested in five trustees, who are hereby constituted a body corporate under the name and style of the Trustees of Olive Springs School District, and by that name and style shall have perpetual succession, shall have a common seal, shall have power to purchase, have, hold, receive, enjoy, possess and retain to them and their successors in office, for school purposes, any estate or estates, real or personal, of whatever kind or name, within the jurisdictional limits of said district, and shall, by said name, be

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capable of suing and being sued in any court of law or equity in this State. Olive Springs school district, trustees of incorporated. Corporate powers. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said district shall extend from a point located at the northwest corner of lot of land No. 219, in the 17th district and 2d section of said county, and from thence extending along the original land lines on the north side of lots of land Nos. 219, 286, 291, 358, 363, and 430, to the northeast corner of said lot No. 430; thence south along the original land line on the east side of lots of land Nos. 430, 429, 428, 427 and 426 to the northeast corner of lot of land No. 425; thence east along the north side of original land lot No. 440 to the northeast corner of same; thence southeast, diagonally across lot of land No. 497 to the southeast corner of same; thence south along the east side of original land lot No. 496 to the southeast corner of same; thence east along the north side of original land lots Nos. 514 and 567 to the northeast corner of said lot No. 567; thence south to the southeast corner of same; thence west along the south side of original land lots Nos. 567, 514, 495, and 442 to the northeast corner of lot of land No. 422; thence south to the southeast corner of same; thence west to the southwest corner of same; thence south along the east side of original land lots Nos. 372, 373, 374 and 375 to the southeast corner of said lot No. 375; thence west along the south side of original land lots Nos. 375 and 346 to the northeast corner of lot of land No. 304; thence south to the southeast corner of same; thence west along the south sides of original land lots Nos. 304, 273 and 232 to the northeast corner of lot of land No. 200; thence south along the east side of original land lots Nos. 200 and 199 to a point midway between the northeast and the southeast corner of said lot No. 199; thence west to a point midway between the southwest and the northwest corners of said lot 199; thence north along the west side of said lot No. 199, 200 and 201 to the northwest corner of lot of land No. 201; thence west along the south side of original land lots Nos. 159, 130 and 87 to the southwest corner of lot No. 87; thence north on the west side of original land lots Nos. 87 and 86 to the northwest corner of said lot No. 86; thence west along the south side of original land lots Nos. 60 and 13 to the southwest corner of lot of land No. 13; thence north along the west side of original land lots Nos. 13, 12 and 11 to the northwest corner of said lot No. 11; thence east to the northeast corner of the same; thence north along the west side of original land lots Nos. 63 and 64 to the northwest corner of said lot No. 64; thence east along the north side of original land lots Nos. 64, 81 and 136 to the southwest corner of

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lot of land No. 152; thence north along the west side of original land lots Nos. 152, 151, 150, 149 and 148 to the northwest corner of lot of land No. 148; thence east along the north side of lots of land Nos. 148, 213 to the northeast corner of said lot No. 213; thence north to the beginning point. Corporate limits. Sec. 3. Be it enacted by the authority aforesaid, That an election shall be held on the first Monday in August, 1903, and on the same day biennially thereafter, for five trustees to serve two years until their successors are elected and qualified. All citizens who are qualified to vote in State elections and who have resided in said district for a period of six months next preceding the day of 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 justice of the peace or notary public ex officio justice of the peace in the militia district where the said Olive Springs school district is situated, together with any two freeholders within the corporate limits of said Olive Springs school district; but if no justice of the peace or notary public should reside in said district, then said election shall be held by any three freeholders residing in said district. But should no election be held on the day specified, then any five citizens of said district may post a call, signed by them, for an election, in three or more prominent places within the corporate limits of said district for at least thirty days, stating the day of said called election, on which day an election shall be held as above provided. How held. Sec. 5. Be it further enacted by the authority aforesaid, That any citizen of said district shall be eligible to be elected to the office of trustee who is entitled to vote in said district, and who is the owner of property, either real or personal, in said district. Eligibility to board. Sec. 6. Be it enacted by the authority aforesaid, That the five citizens who are eligible to the office of trustee, who shall receive, respectively, the highest number of votes, shall be declared elected, and the persons so elected shall be required to attend the usual place of holding trustees' meetings within five days after said election, and qualify by taking oath well and truly to perform the duties of the office to which they may 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 by the authority aforesaid, That the said trustees shall elect a chairman for their body and a secretary and treasurer. Said secretary and treasurer may be either from their body or any citizen of said district, but no trustee other than the secretary and treasurer shall receive any compensation for their services. Officers of board. Sec. 8. Be it further enacted by the authority aforesaid, That

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the trustees of the Olive Springs school district shall have full control of the schools 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 interests of said schools, 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 interests of the school to do so. The said trustees shall have full power to fix the rate of tuition and to collect the same. Control of schools. 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 empowered and directed to pay to the secretary and treasurer of the trustees of the said Olive Springs school district from time to time the proportion of the common school fund arising from any source belonging to the said Olive Springs school district, to be determined by the number of pupils of school age in said school district as compared with all the children entitled to the school fund in Cobb county. School census. Pro rata share of State school fund. Sec. 10. Be it further enacted by the authority aforesaid, That the county school commissioner of Cobb county shall pay over to the secretary and treasury of the board of trustees of the said Olive Springs school district the pro rata share of the school fund of Cobb county for all children of or within school age, who are residents of said county, and are not residents of said Olive Springs school district, but who are attending the public schools of said district. Pro rata share of county school fund. Sec. 11. Be it further enacted by the authority aforesaid, That the schools of said Olive Springs school district shall not be under the control of any county school board, but shall be controlled by the trustees of said district, who shall report direct to the State School Commissioner. Control of schools. Sec. 12. Be it further enacted by the authority aforesaid, That three of said school trustees shall constitute a quorum for the transaction of business and that any member of said board of trustees shall, for malfeasance or nonfeasance, be removed from the office by a majority vote of the other members of said board and the vacancy, and any other vacancies from whatever cause, shall be filled by the board of trustees, the said trustees electing a member or members who are residents of said Olive Springs school district, and who shall, thereafter, as soon as practicable, take oath of office as hereinbefore prescribed. Trustees, how removed. Sec. 13. Be it further enacted by the authority aforesaid, That the secretary and treasurer shall be required to make a good and sufficient bond for the sum of five hundred dollars, or in a larger

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sum whenever the same may be deemed necessary by the board of trustees, payable to the chairman of the board of trustees of the Olive Springs school district for the faithful performance of the duties of his office. Bonds of secretary and treasrer. Sec. 14. Be it further enacted, That when, in the judgment of the trustees it is best to do so, they shall be empowered with authority to pay in accordance to the number of days in attendance the pro rata of the State fund to any of school age, who may attend any school out of the limits of the said Olive Springs school district. Non-resident pupils. Sec. 15. Be it further enacted, That this Act shall not become effective until ratified by a two third majority of the legal voters at an election to be held for this purpose. All persons shall be entitled to vote at the election who have paid all taxes, State and county, and who are qualified to vote for members of the General Assembly and who are bona fide residents within the corporate limits of the said Olive Springs school district. An election for this purpose shall be held within sixty days after the approval of this bill. Any five persons who are qualified to vote at said election may post a notice upon the door of the Olive Springs school academy and at two other prominent places in said district calling for said election, stating the time and place same shall be held. The polls shall open at 8 o'clock a.m. and close at 3:30 p.m. Elections to ratify this Act. Sec. 16. Be it further enacted, That all elections had for the purpose of ratifying this Act shall be under the supervision of a justice of the peace or ex officio justice of the peace of said county and two freeholders. In the event a justice of the peace should fail to appear at the time of the holding of said election, then any three freeholders entitled to vote in said election may hold the same. There shall be printed or written on all the tickets in favor of ratification the following words, to wit: For ratification, and all the tickets against ratification the following words, to wit: Against ratification. Immediately after said election is over, the managers thereof shall proceed to declare the result, and shall within three days file their returns and the result as declared by them in the office of the ordinary of Cobb county. How held. Sec. 17. Be it further enacted, That an election of the trustees as provided by this Act shall be held at any time within thirty days after the ratification of this Act and biennially thereafter, as provided by this Act, at which time each qualified voter shall be entitled to vote for five trustees. Election of trustees. Sec. 18. Be it further enacted, That in event the first election shall not be in favor of ratification of this Act, other elections

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may be held under the same provision not closer than one year apart. Other elections to ratify. 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. Repealing clause. Approved August 18, 1903. PARROTT SCHOOL DISTRICT IN TERRELL COUNTY INCORPORATED. No. 374. An Act to incorporate the Parrott school district, in Terrell county, State of Georgia; to define the boundaries of the same; to regulate the management of schools in said district; to provide revenue and the distribution of the same for said schools; to provide for the election of five trustees and to confer on them certain powers, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the management and control of all schools in the Parrott district be vested in five men, who shall constitute a board of trustees of the Parrott school district, and by that name and style shall have perpetual succession, a common seal, and shall have power to purchase, have, hold, receive and enjoy, possess and retain to them and their successors in office for school purposes an estate, real or personal, of whatever kind or name within the jurisdictional limits of said district (as hereinafter described), and shall by said name be capable of suing and being sued in any court of law or equity in this State. Parrott school district, trustees of incorporated. Corporate powers. Sec. 2. Be it further enacted by the authority aforesaid, That the incorporate limits of said district shall include all the territory lying in the county of Terrell, within the following described limits, to wit: Beginning at the southeast corner of lot of land number 189, in the 11th district of Terrell county, the line runs west, along the land line to the southwest corner of lot of land number 183, in same district; thence north along the land line to the line of Webster county; thence east along the county line to the northeast corner of lot of land number 237 in the 18th district of said county; thence south along the land line to the 18th district line; thence along the land line between lots of land numbers 253 and 254 to the starting point. Corporate limits.

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Sec. 3. Be it further enacted by the authority aforesaid, That J. C. Whaley, E. E. Pinkston, J. H. Pritchard, L. G. Pinkston and H. A. Cook 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 first Tuesday in December of each year. The term of one of the trustees to be elected shall be for one year from the time of election, one for two years, one for three years, one for four years, and one for five years. Their successors in office shall serve for a term of five years, and each member dating from the time of his election. The board of trustees shall fill all vacancies. Trustees pro tem. 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, the compensation for whose 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 or principal and employ teachers for said schools; to suspend or remove teachers, principal or superintendent; to fix their compensation; to provide school houses 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 may deem proper, which are 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 which are not in conflict with 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 and not more than ten scholastic months in each year, one, and not more than one, school for white children, and one, and not more than one school for colored children within said district. No white child shall be admitted into the school for colored children and no colored child shall be admitted into the school for white children. All children entitled to the benefit of the public school under the laws of this State, and whose parents, guardians or natural protectors, bona fide reside within the corporate limits of said district, shall be admitted into the aforesaid school upon payment of such admittance fee only as the board of trustees may prescribe; children of non-residents and such others as may not be entitled to the benefits of these schools shall be admitted upon

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such terms as may be fixed by the board of trustees, not in conflict with the laws of this State. Scholastic year. White and colored schools. Admission of pupils. Non-resident pupils. 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 Terrell county, and he is hereby required to pay over to said board of trustees, under such rules as the county board of education may provide, the portion of the public school fund of Terrell county to which the schools established under this Act may be entitled, under the rules of distribution, under which the county board of education of Terrell county receives its pro rata share of the public school fund. Pro rata share of county school fund. Sec. 8. Be it further enacted by the authority aforesaid, That as early as is practicable after the ratification of this Act and by the fourth Monday in June of each year succeeding, the board of trustees shall determine what amount of money it will be necessary to raise by taxation to defray the expenses of said schools for the scholastic year, and said board shall, through their officer, be required to levy and collect the same; provided said amount does not exceed the sum of one fifth of one per centum of the taxable property of said district, in the same manner as other taxes are levied and collected in the town of Parrott, said county. 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 admittance fees and tuition fees as may be collected, and any other funds that may be placed in the hands of the said board of trustees 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 Terrell 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 other 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 trustees be sold, the same having been acquired under the provisions of this Act, or otherwise, the funds derived from such 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

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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 said notice in three conspicuous places in said district, which election shall be held by any three freeholders, and the legally qualified voters only of said district will be allowed to vote in said ratification. At said election those favoring public schools shall have printed or written on their ballots: For legal taxation for public schools, and those opposed to public schools shall have printed or written on their ballots: Against legal taxation for public schools, and if a majority of the qualified voters of said district, in said election, be For legal taxation for public schools, this Act shall become operative. Should the result of the election herein provided for be against public schools, the board of trustees for said district may order other elections once every six months thereafter until public schools are adopted. Election for taxation. 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, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903. PIERCE COUNTY, PUBLIC SCHOOL SYSTEM FOR ESTABLISHED. No. 308. An Act to establish a system of public schools in and for Pierce county; to provide for a board of education and to incorporate the same; to define its duties and powers; to provide for the levy and collection of a county tax for the support of public schools; to pay interest, 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

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from and after the passage of this Act, and its adoption by the people of Pierce county, as hereinafter provided, there shall be established in and for the county of Pierce a system of public schools, which shall be independent of and distinct from the State system of public schools, for the education of children of said county between the ages of six and eighteen years; provided, that information and statistics relative to the schools and children of said county shall be furnished the State board of education, or the State School Commissioner when required. Pierce county, public school system for. Sec. 2. Be it further enacted, That said board of education shall consist of five citizens of said county of Pierce, who are freeholders and who shall be elected by the grand jury of said county of Pierce, whose term of office shall be four years, and until their successors are elected and qualified. Board of education. Sec. 3. Be it further enacted, That said board of education shall be constituted, and is hereby incorporated under the name and style of The board of education of Pierce county. Incorporated. Sec. 4. Be it further enacted, That the members of said board of education, before entering upon the discharge of the duties of their office, shall take and subscribe the following oath of office: We do swear that we will faithfully perform and discharge our duties as members of the board of education of Pierce county to the best of onr skill and ability, so help us God. Oath of members. Sec. 5. Be it further enacted, That the members of said board of education shall be paid the sum of two dollars per day as their compensation for actual service. Compensation of members. Sec. 6. Be it further enacted, That said board of education shall be charged with, and they are hereby empowered to establish, and, from time to time, modify a system of education for white and colored children between the ages of six and eightteen years, in the county of Pierce, and to carry out and superintend the same; to elect, appoint and remove a superintendent, teachers and all other employees under said system, and fix their compensation; to lay out and establish school districts; to provide school houses; to make by-laws for their own government, and rules and regulations for the government of superintendent, teachers and schools under their control; to establish schools in their discretion and prescribe the studies to be pursued in the same; provided, however, that they shall not introduce into any of the schools established by them books of sectarian character, nor exclude the Bible from any of said schools; and provided further, That said schools shall be so established as to extend, inpartially, the benefits of the

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same to the children of the county, due regard being had to differences in population; to take, purchase, receive, hold and enjoy for the purposes aforesaid, moneys and real and personal estate, by bargain and sale, gift, grant, contract, devise or bequest; to sue and be sued by the name and style aforesaid; to have and use a common seal, and generally shall be clothed with all the rights, powers and privileges incident to corporations, and necessary or convenient for carrying out the purposes of their creation. Powers and [Illegible Text] of board. Sec. 7. Be it further enacted, That said board of education shall be entitled to and receive, for the purposes aforesaid, from the State the pro rata share of Pierce county of all taxes now paid to the State and specially set apart for educational purposes, and all appropriations for said purposes, and all endowments, devises, gifts and bequests made, or hereafter to be made to the State or the State board of education, and of any and all educational incomes and funds not belonging to and due the State University, now in the treasury of the State, said pro rata share to be determined by the ratio which the number of children, white and colored, in said county, between the ages of six and eighteen years, bears to the number of white and colored children in the State between the ages of six and eighteen years. Pro rata share of State school fund. Sec. 8. Be it further enacted, That the said board of education shall establish separate schools for the education of white and colored children, and in no event shall white and colored children be permitted to attend the same school. White and colored schools. Sec. 9. Be it further enacted, That the said board of education shall recommend to the grand jury of Pierce county the rate of tax, in their opinion, that will be necessary to support the system of schools which they may establish, not less than one mill nor exceeding two and one half mills, which tax when approved by the grand jury, or a different rate which the grand jury may recommend, shall be levied upon the taxable property of the county by the ordinary or board of county commissioners of said county, and collected like and as other taxes of said county; provided, that should the board of education fail to recommend a rate, or the grand jury fail to approve or recommend a rate for any year before the time for levying county taxes, then it shall be the duty of the ordinary, or board of county commissioners levying county taxes, to assess and levy a rate of two mills upon the taxable property of the county for the support of public schools, as provided, and that said tax shall be collected as other taxes of the county. School tax.

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Sec. 10. Be it further enacted, That said board of education shall have power to elect a treasurer, fix his compensation and require of such officer such bond as they may deem necessary, and that the treasurer of said board shall be entitled to receive from the tax collector of said county of Pierce, the tax assessed, levied and collected to support the system of schools which said board may establish, as well as all moneys belonging to said board which may be paid by the State School Commissioner, or by the treasurer of the State of Georgia, or which may become the property of said board from any source whatever, and to control and dispense the same under the direction of said board of education. Treasurer. Sec. 11. Be it further enacted, That the said board of education may appoint in their discretion three trustees in each school district, who shall serve without pay, and prescribe their duties and terms of office; to appoint boards of visitors, which may be composed in part or wholly of ladies, and prescribe their duty. Trustees and visitors. Sec. 12. Be it further enacted, That the members of the said board of education shall be considered officers of the county of Pierce, and commissioned by the Governor of the State, upon a certificate from the clerk of the superior court of their election, and that the grand jury shall have full power to examine the books and records of the said board of education, and of the treasurer of said board, and make report of their examinations. Members of board county officers. Sec. 13. Be it further enacted, That three members of the said board shall constitute a quorum for the transaction of business, and that vacancies in the board shall be filled by the grand jury next sitting after such vacancy may occur, for the unexpired term of the former member. Quorum and vacancies. Sec. 14. Be it further enacted, That within twelve months after the passage of this Act it shall be the duty of the ordinary of the county to order an election to be held at the various voting precincts of the county in the manner and under the laws regulating the selection of county officers, notice of which election shall be published in the newspaper in which the legal advertising of the county is done, and at the court house door, four weeks prior to the date for the said election; that persons qualified to vote in a general election for county officers shall be entitled to vote in said election; that those favoring the adoption of this Act shall vote For the adoption of local school law for Pierce county; those voting against: Against the adoption of local school law for Pierce county. Election for public schools. Sec. 15. Be it further enacted, That a consolidation of the

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votes cast at said election shall be made at the court house in said county in the manner and under the regulations of the [Illegible Text] governing the election of county officers. Returns. Sec. 16. Be it further enacted, That upon the consolidation of the votes cast in the said election, if it shall be found that a sufficient number of votes, necessary under the constitution of the State for the adoption of laws levying local taxes, shall have voted in favor of the adoption of this Act, that a certificate of that fact shall be furnished the Governor of the State by the clerk of the superior court, and this Act shall become a law in full force and effect. Results. Sec. 17. Be it further enacted, That the following named citizens of Pierce county shall act as members of said board of education, and shall hold office until their successors are elected and qualified, by the grand jury of said county: Jackson Walker, Randal Davis, J. M. Purdom, H. J. Strickland, B. M. Thomas and Calvin Thomas. Members pro tem. of board. Sec. 18. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 7, 1903. PIERCE COUNTY, SCHOOL BUILDINGS FOR. No. 267. An Act authorizing the issue and sale of bonds by the county of Pierce to aid in building and equipping school houses; to provide for its adoption by the people of Pierce 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 same, That from and after the passage of this Act, and its adoption by the people of Pierce county, as hereinafter provided, that it shall be the duty of the ordinary of said county of Pierce, to issue bonds, in the usual manner provided for the issue of bonds, bearing interest not exceeding the rate of five per cent. per annum, and to mature twenty years from their date. Pierce county, issue of bonds. Sec. 2. Be it further enacted, That it shall be the duty of the said ordinary to sell said bonds to the best possible advantage,

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and turn the proceeds from same over to the treasurer of the board of education of Pierce county, to be used by the said board of education in the building, repairing and equipping houses for the public schools of Pierce county, in their discretion, and as hereinafter provided. Proceeds of for school buildings. Sec. 3. Be it further enacted, That it shall be the duty of said board of education to use the money derived from the sale of bonds carefully, considerately and without discrimination as between districts. That before they shall enter into contracts for the erection of school buildings in any district or community, it shall be necessary for the people of such district or community to assume one-third the cost of such building and grounds, provided that the part to be paid by the citizens may be discharged by labor or material furnished, in such manner as may be equitable and mutually satisfactory. Disbursements of board of education. Sec. 4. Be it further enacted, That the fund for the erection and equipment of school buildings shall be apportioned on an equitable basis by the said board of education to the several school districts of the county, provided that no contract shall be entered into for any district for a larger amount than the apportionment of that district amounts to. Apportionment of fund. Sec. 5. Be it further enacted, That within twelve months after the passage of this Act, it shall be the duty of the ordinary of said county to order an election to be held at the various voting precincts of the county, in the manner and under the laws regulating the selection of county officers, notice of which election shall be published in the newspaper in which the legal advertising of the county is done, and at the court house door, four weeks prior to the date for the said election; that persons qualified to vote in a general election for county officers shall be entitled to vote in said election; that those favoring the adoption of this Act shall vote: For school house bonds; those voting against: Against school house bonds. Election for school bonds. Sec. 6. Be it further enacted, That a consolidation of the votes cast at said election shall be made at the court house in said county in the manner and under the regulations of the law governing the election of county officers. Election returns. Sec. 7. Be it further enacted, That upon the consolidation of the votes cast in the said election, if it shall be found that a sufficient number of votes, necessary under the Constitution of the State, shall have voted in favor of the adoption of this Act, that a certificate of that fact shall be furnished the Governor of the State, by the clerk of the superior court, and this Act shall become a law in full force and effect. Certificate of election.

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Sec. 8. Be it further enacted, That should this Act fail to receive a sufficient number of votes to secure its adoption in any election held for that purpose, that, after the lapse of twelve months thereafter, it shall be the duty of the ordinary of said county, upon the petition of 50 freeholders of said county, requesting it, to order another election, for its adoption or rejection, to be held as provided in this Act. Other elections. Sec. 9. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved July 30, 1903. PINEVIEW SCHOOL DISTRICT IN WILCOX COUNTY INCORPORATED. No. 472. An Act to incorporate Pineview school district, in Wilcox county, Georgia; to define the boundaries of the same; to regulate the management of schools in said district; to provide revenue and for the distribution of the same for said schools; to provide for the election of five trustees and to confer on them certain powers, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the management and control of all schools in Pineview district be vested in five men, who shall constitute a board of trustees of the Pineview 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. Pineview school district, trustees of incorporated. Corporate powers. Sec. 2. Be it further enacted by the General Assembly of said State of Georgia, That the corporate limits of said school district shall include the following territory in said county: Commencing at or near the northwest corner of lot of land No. eighty-eight (88) in the fifth (5) land district, thence running east on original land

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line to northeast corner of lot of land number fifty-five (55) in the eighth (8) district of Wilcox county, Georgia, same being dividing line between Wilcox and Pulaski counties; from northeast corner of lot number fifty-five (55) in eighth (8) district of said county run land line south to southeast corner of lot of land number eighty-two (82) in eighth (8) district of said county; thence run west on land line between lots numbers eighty-two (82) and eighty-three (83) in said eighty (8) district to Cedar Creek swamp; thence making Cedar Creek the line and running west to or near the southwest corner of lot of land number one hundred and eighteen (118) in the fifth (5) district of said county and State; thence run north on land line between lots numbers one hundred and eighteen (118) and one hundred and nineteen (119), in said fifth (5) land district to a certain point on said line; thence run a northwesterly direction, taking in all of lot of land number one hundred and nineteen (119) in said fifth (5) district on the north side of said lot that belongs to S. P. Wilson; from that point run to southwest corner of lot of land number one hundred and six (106) in the fifth (5) district of said county and State; thence run land line going north to northwest corner of said lot number one hundred and six (106); thence run west on land line between lots of land numbers one hundred and five (105) and eighty-eight (88) in said fifth (5) district to southwest corner of said lot number eighty-eight (88); thence run north to starting point, said school district to include all lands between said lines as were originally laid off by J. I. Bruce and D. M. Harvey, members of board of education of Wilcox county, Georgia. Corporate limits. Sec. 3. Be it further enacted by authority aforesaid, That J. I. Bruce, W. R. King, Lemuel Walden, John T. Dickerson and R. M. Dennard shall be, and they 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 of each year. The term of one of the trustees to be elected shall be for one year from the time of election, one for two years, one for three years, one for four years and one for five years. Their successors in office shall serve for a term of five years, each member dating his term from the time of his election. The board of trustees shall fill all vacancies. Trustees pro tem. Sec. 4. Be it further enacted by 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.

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The treasurer shall give good and sufficient bond, to be judged of by said board of trustees. Officers of board. Sec. 5. Be it further enacted by 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 superintendent or teachers; to fix their compensation; to provide schoolhouses by renting, building, purchasing or otherwise; to make and hold titles to such property and to make such rules and regulations for government of themselves and said schools as they deem proper 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 authority aforesaid, That there shall be established and maintained for not less than five 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 the colored children, and no colored child shall be admitted into the school established for white children. All children entitled to the benefit of public school under the laws of this State, and whose parents, guardians or natural protectors bona fide reside within the corporate limits of said district shall be admitted into the aforesaid school upon the payment of such admission fees only as the board of trustees 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 trustees not in conflict with the laws of this State. Scholastic year. White and colored schools. Admission of pupils. Non-resident pupils. Sec. 7. Be it further enacted by authority aforesaid, That after the ratification of this Act it shall be the duty of the county school commissioner of Wilcox county, and he is hereby required, to pay over to the treasurer of said board of trustees, under such rules as the 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 Wilcox county assigns to the county their pro rata share of the school funds. Pro rata share of county school fund. Sec. 8. Be it further enacted by 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

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scholastic year, and said board shall, through their officers, be required to levy and collect same, provided said amount does not exceed three fourths of one per centum of the taxable property of said district, in the same manner as other taxes of said town of Pineview, 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 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 such schools. School tax. Sec. 9. Be it further enacted by authority aforesaid, That after the ratification of this Act the board of education of Wilcox 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 schools herein provided for. Other schools. Sec. 10. Be it further enacted by authority aforesaid, That in case any school property acquired 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. Sec. 11. Be it further enacted by authority aforesaid, That before this Act shall become operative, its adoption shall be submitted to the legally qualified voters of said district, for which purpose the board of trustees shall order an election, of which ten days' notice shall be given by posting in three conspicuous places in said district, which election shall be held under the same rules and regulations as elections of mayor and councilmen of the town of Pineview, Georgia, and the legally qualified voters only of said school district will be allowed to vote in said ratification. At said election those favoring public schools shall have printed or written on their ballots For legal taxation for public schools, and those opposed to public schools shall have printed or written on their ballots Against legal taxation for public schools; and if a majority of the qualified voters of said district in said election be for legal taxation for public schools, this Act shall become operative. Should the [Illegible Text] herein provided for be against public schools, the board of [Illegible Text] of said district may order other elections in like manner, once every six months, until public schools are adopted and this Act ratified. Election for taxation. Sec. 12. Be it further enacted by the authority aforesaid, That the board of trustees shall annually make a report to the citizens

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of said district 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 trustees. Sec. 13. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. PLEASANT VALLEY SCHOOL DISTRICT IN DOOLY COUNTY INCORPORATED. No. 403. An Act to incorporate the Pleasant Valley school district, Dooly county; to define the boundaries of the same; to regulate the management of the school in said district; to provide revenue for the school; to provide for the election of seven 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 Pleasant Valley district be invested in seven (7) men who shall constitute a board of trustees for the Pleasant Valley 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. Pleasant Valley school district, trustees of incorporated. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said district be as follows: commencing on Montezuma road on land line between lots of land No. 228 and 253, and running east between lots 228 and 253, 229, 252, 230 and 251, 231 and 250, 232 and 249, 233 and 248, 234 and 247; thence south to the southeast corner of 271, thence east on district line between Pinehurst and Findley districts to Perry road; thence south on said road to Pennahatchee creek; thence south west on said creek to where it intersects Little Pennahatchee creek; thence northeast on said Little Pennahatchee creek, to Vienna and Montezuma road; thence north on said road to starting point. Corporate limits.

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Sec. 3. Be it further enacted by authority aforesaid, That W. M. Forehand, J. T. McNeece, J. T. Sherley, J. M. Watson, J. B. Smith, J. H. Bowen and W. C. Britt 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 take place on the first Monday in January in each year; the time of one of the trustees shall be for one year from time of election, one for two years, one for three years, one for four years, and so on; their successors shall serve for a term of seven years each, dating from the time of this election. The board shall fill all vacancies. Trustees pro tem. Sec. 4. Be it further enacted by the authority aforesaid, That said board of trustees shall organize by electing a president, vicepresident, secretary and treasurer from their own number, and no member shall receive compensation for his services except the secretary, whose compensation for his services shall be fixed by the board. The treasurer shall give a 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 same, to suspend or remove teachers or superintendents, to fix their compensation, to provide schoolhouses by renting, building, purchasing or otherwise, to make and hold title to such property, to make such rules and regulations for the government of themselves and said schools as they may deem proper and not in conflict with the laws of this State, 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 6 nor more than 10 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 shall be admitted into the school established for the white children. All children are 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 distict shall be admitted into said 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 the benefit of these schools shall be admitted

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upon such terms as may be prescribed by the board of trustees, not in conflict with the laws of this State. Scholastic year. White and colored schools. Admission of pupils. Non-resident pupils. Sec. 7. Be it further enacted by the authority aforesaid, That after the ratification of this Act is shall be the duty of the county school commissioner of Dooly 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 Dooly county assigns to the schools their pro rata share of the public funds. Pro rata share of county school fund. Sec. 8. Be it further enacted by the authority aforesaid, After the ratification of this Act the board of education of Dooly county shall not establish any 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 the said district other than the schools herein prescribed for. Other schools. Sec. 9. 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 only. School property. Sec. 10. 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, 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 elections shall be held under the same rules and regulations governing elections for county officers for Dooly county, and the legally qualified voters only of said school district will be allowed to vote in said ratifications at said election. Those favoring public schools shall have printed or written on their ballots for corporation, and those opposed shall have printed or written on their ballots against corporation, and if a majority of the legal qualified voters in said district at said election be for corporation 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 public school. Sec. 11. 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

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with the treasurer's report of a full itemized statement of all moneys received and expended by said board. Reports of board. Sec. 12. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Repealing clause. Approved August 18, 1903. SASSER SCHOOL DISTRICT IN TERRELL COUNTY INCORPORATED. No. 398. An Act to incorporate the Sasser school district in Terrell county, Georgia; to define the boundaries of the same; to regulate the management of schools in said district; to provide revenue and the distribution of the same for said school; to provide for the election of five trustees and to confer on them certain powers, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the management and control of all schools in the Sasser district be vested in five men, who shall constitute a board of trustees of the Sasser school district, and by that name and style shall have perpetual succession and 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 jurisdiction limits of said district (as hereinafter described), and shall by said name be capable of suing and being sued in any court of law or equity in this State. Sasser school district, trustees of incorporated. Corporate powers. Sec. 2. Be it further enacted by the General Assembly of the State of Georgia, That the incorporate limits of said school district shall include all the territory lying in the county of Terrell, State of Georgia, which is embraced within a circle, the radius of which shall be three miles in length and the center of which shall be located at the artesian well situated in the town of Sasser in the third district of said county. Corporate limits. Sec. 3. Be it further enacted by the authority aforesaid, That O. G. Crawford, J. M. Wright, B. P. Collier, W. A. Anthony and J. T. Vamer shall be, and are, hereby constituted the board of trustees to carry into effect the provisions of this Act until the regular election

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for members of said board, which election shall take place on the first Tuesday in December of each year. The term of one of the trustees to be elected shall be for one year from the time of election, one for two years, one for three years, one for four years, 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. Trustees pro tem. 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, the compensation for whose 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, tosuspend or remove teachers or superintendent, to fix their compensations, to provide schoolhouses by rent, building, purchasing or otherwise, to make and hold title to such property, and to make such rules and regulations for the government of themselves and such schools as they may deem proper and not in conflict with the laws of this State, and to do any and all things promotive to the best educational interest of said district not in conflict with the provisions of this Act and 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 within the said district. No white child shall be admitted into the school established for colored children, and no colored child shall be admitted into the school established for white children. All children entitled to the benefit of the public school under the law of this State, and whose parents, guardians or natural protectors bona fide reside within the incorporate limits of said district shall be admitted into the aforesaid school upon the payment of such admittance fee only as the board of trustees may deem necessary. Children of non-residents and such others as may not be entitled to the benefits of these schools, shall be admitted upon such terms as may be prescribed by the board of trustees, not in conflict with the laws of this State. Scholastic year. White and colored schools Admission of pupils. Non-resident pupils. 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

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school commission of Terrell county, and he is hereby required to pay over to the treasurer of said board of trustees, under such rule as the county board of education may provide, the portion of the public school fund of the county of Terrell to which the school established under this Act for said district may be entitled, under the the rules of distribution under which the county board of education of Terrell county assign to the county their pro rata share of the school fund. Pro rata share of county school fund. Sec. 8. Be it further enacted by the authority aforesaid, That as early as is practicable after the ratification of this Act, and by the first 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 expense of said schools 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 one half of one per centum of the taxable property of said district, in the same manner as other taxes in said town of Sasser, 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 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 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 Terrell county shall not establish any other schools, grant any license to, or contract with any other person to teach a school of any character in said district, nor shall any of the State school funds be paid to any school in said district other than the schools herein provided for. Other schools. Sec. 10. Be it further enacted by the authority aforesaid, That in case any school property required by said board of trustees under the 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. 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 days' notice shall be given by posting in three conspicuous places in said district, which election shall be held under the same rules and regulations as elections for mayor and council of the town of Sasser, Georgia, and the legally qualified voters only of said school

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district will be allowed to vote in said ratification. At said election those favoring public schools shall have printed or written on their ballots For legal taxation for public schools, and those opposed to public schools shall have printed or written on their ballots Against legal taxation for public schools; and if a majority of the qualified voters of said district in said election be for legal taxation for public schools this Act shall become operative. Should the result of the election herein provided for be against public schools, the board of trustees of said district may order another election once every six months thereafter until public schools are adopted. Elections for public 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 trustees. Sec. 13. Be it further enacted by the authority aforesaid, That all laws, and parts of laws in conflict with this Act be, and are, hereby repealed. Repealing clause. Approved August 18, 1903. SMYRNA SCHOOL DISTRICT IN COBB COUNTY INCORPORATED. No. 352. An Act to incorporate the Smyrna school district, in Cobb county; to define the boundaries of the same; to regulate the management of the school in said Smyrna district; to provide revenue for said school; to provide for the election of five trustees and to confer on them certain powers, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the management and control of all schools in said Smyrna 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 Smyrna 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 to their successors in office, for school purposes, any estate or

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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. Smyrna school district, trustees of incorporated. Corporate powers. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said district shall commence at the northwest corner of land lot number 444, in the 17th district and second section, and running due east to the northeast of land lot number 709; thence south to the southeast corner of land lot number 709; thence east to the northeast corner of land lot number 733; thence south to the southeast corner of land lot number 740; thence south to the southeast corner of land lot number 740; thence south to the southeast corner of land lot number 700; thence west to the southwest corner of land lot number 700; thence south to the east corner of land lot number 670; thence west to the southwest corner of land lot number 670; thence south to the southeast corner of land lot number 625; thence west to the southwest corner of land lot number 456; thence north to the northwest corner of land lot number 455; thence west to the southwest corner of land lot number 411; thence north to the northwest corner of land lot number 411; thence west to the southwest corner of land lot number 381; thence north to the northwest corner of land lot number 381; thence west to the southwest corner of land lot number 308; thence north to the northwest corner of land lot number 303; thence east to northeast corner of land lot number 346; thence north to the northwest corner of land lot number 374; thence east to the northeast corner of land lot number 374; thence north to the northwest corner of land lot number 420; thence east to the northeast corner of land lot number 420; thence north to the northeast corner of land lot number 444, the beginning point. Corporate limits. Sec. 3. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an election shall be held on the first Saturday in September, 1903, for five trustees for said school district, whose term of office shall be as follows, to wit: The candidate receiving the largest number of votes shall serve for five years, the next largest number for four years, the next largest number for three years, the next largest number for two years, the next largest number for one year, and until their successors are elected and qualified. There shall be an election held the first Saturday in September, 1904, and every year thereafter for the election of one trustee for the term of five years. In case of a vacancy of the office of trustee the remaining trustees shall elect another person to fill said vacancy until the next trustee election;

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but it shall require three votes to elect. All citizens who are qualified to vote in State elections and who have paid all taxes due said Smyrna school district, and who have resided in said district for a period of six months next preceding the day of election, shall be entitled to vote. The polls, at the regular election for trustees shall open at 9 o'clock a.m. and close at 3:30 o'clock p.m. Election of trustees. Sec. 4. Be it enacted, That the said election shall be held under the supervision of any justice of the peace or notary public ex officio justice of the peace, in the militia district where the said Smyrna school district is situated, together with any two freeholders within the corporate limits of said district. But should no election be held on the day specified, then any five citizens 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 by the authority aforesaid, That any citizen of said district shall be eligible to election to the office of trustee who is entitled to vote in said district, and who is a property owner in said district. Eligibility. Sec. 6. Be it enacted by the authority aforesaid, That the five citizens who are eligible to the office of trustee, who shall receive, respectively, the highest number of votes, shall be, when required, and the persons so elected shall attend the usual places of holding trustees' 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 by the authority aforesaid, That the said trustees shall elect a chairman from their body and a secretary and treasurer. Said secretary and treasurer may be either from their body, or any citizen of said district; but no trustee other than the secretary and treasurer shall receive any compensaion for their services. Officers of board. Sec. 8. Be it further enacted by the authority aforesaid, That the trustees of the Smyrna 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. 9. Be it further enacted by the authority aforesaid, That

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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 Smyrna school district for school purposes, to defray the expenses of the management of school in said district, to pay all or any part of the expenses of carrying on school in said district that said trustees shall deem to be to the best interest of said school; but that the rate of taxation shall never exceed one half of one per cent. This section shall not become operative until after it shall have been ratified by the requisite constitutional majority of the voters of said district. School tax. Sec. 10. Be it further enacted by the authority aforesaid, That the trustees of said Smyrna school district shall be empowered and directed to appoint three citizens of said district as tax-assessors, who shall assess the valuation of all property in said district for taxation; that said assessors shall have free access to State and county tax books and to municipal tax books, and shall at their discretion use said tax books and returns or any part of them that they may deem best in making the assessment for said district; and that said assessors shall have power and authority to compel any citizen of the State to testify under oath as to any property in said district, whether it be their property or that of another, and should any party refuse to testify, then said party shall be punished as is provided for in similar cases before justices of the peace. Said board of trustees shall have power and authority to fix the time and manner of the payment of said taxes. Tax assessors. Sec. 11. Be it further enacted by the authority aforesaid, That should any person or persons fail to pay said tax at the required time, then the secretary and treasurer, at the discretion of the board of trustees, shall issue a tax fi. fa., which shall be levied on the property of the delinquent taxpayer in the same manner as State and county fi. fas. Said tax fi. fa. shall be a superior lien on the property of said delinquent taxpayer except for State and county tax. Tax fi. fas. Sec. 12. Be it further enacted by authority aforesaid, That as soon as practicable after their election and qualifying, the board of trustees of said district shall order a census of the school population of said district taken, and shall report the same to the State School Commissioner, who shall be empowered and directed to pay to the secretary and treasurer of said Smyrna school district, from time to time, the proportion of the common school fund arising from any source, belonging to said Smyrna school district, to be determined by the number of pupils taught in said school as compared with all the children entitled to the school fund in Cobb county. School census. Pro rata share of State school fund.

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Sec. 13. Be it further enacted by the authority aforesaid, That the county school commissioner of Cobb county shall pay over to the secretary and treasurer of the board of trustees of said Smyrna school district the pro rata share of the school fund of Cobb county for all children of or within school age who are residents of said county, and not residents of said Smyrna school district, but who are attending the public schools of said district. Pro rata share of county school fund. Sec. 14. Be it further enacted by the authority aforesaid, That the school of said Smyrna school district shall not be under the control of any school board, but shall be controlled by the trustees of said district, who shall report direct to the State School Commissioner. Control of schools. Sec. 15. Be it further enacted by the authority aforesaid, That four of said school trustees shall constitute a quorum for the transaction of business, and that any member of said board of trustees shall, for malfeasance, be removed from office by a majority vote of the other members of said board, and the vacancy, and any other vacancies, from whatever cause, shall be filled by the board of trusttes, the said trustees electing a member or members who are residents of said Smyrna school district, and who shall thereafter, as soon as practicable, take the oath of office as hereinbefore prescribed. Quorum and removal of trustees. Sec. 16. Be it further enacted by the authority aforesaid, That the secretary and treasurer shall be required to make a good and sufficient bond for the sum of one thousand dollars, payable to the chairman of the said Smyrna school district trustees for the faithful performance of the duties of his office. Bonds of secretary and treasurer. Sec. 17. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereaby repealed. Repealing clause. Approved August 15, 1903.

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SNOW SCHOOL DISTRICT IN DOOLY COUNTY INCORPORATED. No. 415. An Act to incorporate the Snow school district, in Dooly county; to define its boundaries; to regulate the management of the schools in said district; to provide for revenue for running and maintaining said schools; to provide for the election of the trustees who are to succeed the trustees named herein; to define the powers and duties of the trustees, 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 Snow school district is hereby constituted a body corporate, to be managed and controlled by a board of trustees consisting of seven members to be chosen as hereinafter set out, and shall be known and incorporated under the name and style of Trustees of the Snow 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, them and their successors in office, for school purposes or for the benefit or use of the schools in said district, any estate or estates, real or personal, of whatever kind or value, within the jurisdiction of said district, and shall by said name and style be capable of suing and being sued in any court of competent jurisdiction in this State. Snow school district incorporated. Trustees of. Corporate powers. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said district shall be bounded as follows: beginning at the corner of original third district line and Pinehurst militia district line; thence running west to second district line; thence north to Mill creek; thence down Mill creek to Turkey creek north prong; thence north to county line between Dooly and Houston counties; thence east to original third district line; thence south to starting point. Corporate limits. Sec. 3. Be it further enacted by the authority aforesaid, That W. B. Woodruff, A. S. Hudson and J. L. Clewis are hereby made trustees of the said Snow school district, who shall hold office till the first regular election held hereunder, to wit: on the second Wednesday in December, 1904, and until their successors

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are elected and qualified. Also, W. W. Collins, L. W. Moore, F. E. DuPree and J. C. Moore are hereby made trustees of said district, and shall hold office until the second regular election held hereunder, to wit: on the second Wednesday in December, 1905, and until their successors are elected and qualified. The object being to divide the board of trustees into two sections, three members to be elected one year and four members the next year, thus alternating each year. Trustees pro tem. Sec. 4. Be it further enacted by the authority aforesaid, That beginning on the second Wednesday in December, 1904, and annually thereafter, there shall be an election held for the election of school trustees of said district. The members thus elected shall hold office for two years and until their successors are elected and qualified. All persons who are residents of the said Snow school district next preceding the day of election for six months and who have paid all taxes due said school district, and who are otherwise qualified to vote for members of the General Assembly, shall be qualified to vote at said election of trustees; provided, no person shall be eligible to hold the office of trustee who does not own some property for taxation in said district other than paying a poll tax. Election of trustees. Sec. 5. Be it further enacted by the authority aforesaid, That the elections to be held hereunder shall be held under the supervision of any justice of the peace or notary public ex officio justice of the peace of said district, with any two freeholders or any three freeholders of said district. But should no election be held on the day specified, or in case of a tie, then any citizen of said district may post a call in three prominent places in said district, for at least thirty days, stating day and purpose of said called election, on which day an election shall be held as above provided for. How held. Sec. 6. Be it further enacted by the authority aforesaid, That the persons receiving the highest number of votes cast shall be declared elected and certificate of election shall be issued to such successful person; provided, however, such certificates of election shall not be delivered till the expiration of five days from the date of said election. The persons thus elected shall, after receiving said certificate of election, qualify by taking and subscribing an oath to well and truly perform the duties of trustees of said district, and shall forthwith enter upon the discharge of the duties of his said office. Certificates of election. Sec. 7. Be it further enacted by the authority aforesaid, That the trustees shall elect from their body a chairman and vice-chairman. They shall also elect a secretary and treasurer,

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either from their body or any citizen of said district, and fix his compensation. The trustees shall receive no compensation for their services as such. The clerk and treasurer shall give a good and sufficient bond to well and faithfully perform the duties of his office, in an amount to be fixed by the board of trustees, bond to be made payable to the trustees of the Snow school district. Said clerk and treasurer shall conform to such other rules and regulations and perform all such duties as may be required of him by said trustees. Officers of board. Sec. 8. Be it further enacted by the authority aforesaid, That the trustees of said district shall have full control of the management of all the schools in said district; shall have full power and authority to employ all teachers or other persons, fix their compensation, prescribe their duties, and shall have full power and authority to remove any teacher or other person employed in connection with said schools when in their discretion they think best. Separate schools for white and colored children shall be provided. Said trustees must provide schools in said district for a reasonable period of time each year. Powers of board. Sec. 9. Be it further enacted by the authority aforesaid, That all school funds coming into the hands of the county school commissioner of Dooly county, to which the schools in this district are entitled, shall be paid directly to the secretary and treasurer of said board of trustees by said commissioner. All children who are entitled to the benefit of the public school funds of this State shall be admitted to said schools upon the payment of such incidental matriculation fees as the said board of trustees may see proper to charge or impose, which fees shall not exceed the sum of ($4.00) four dollars annually. The said trustees 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 trustees, it would be detrimental to the moral or general welfare of said schools or the pupils therein to allow them to enter or remain in said schools. Pro rata share of county school fund. Admission of pupils. Sec. 10. Be it further enacted by the authority aforesaid, That the county board of education shall have no authority to employ or discharge any teacher in the schools in said district. The management of said schools to be entirely in the hands of the trustees of said district. Control of schools. Sec. 11. Be it further enacted by the authority aforesaid, That the trustees of the Snow school district shall have power and authority to issue bonds, provided that they shall post in three

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conspicuous places in said district, and publish in some paper in the county for thirty days, a notice stating the amount of the proposed bond issue, when due, rate of interest and for what purpose to be used; also notice of election to ratify or reject the action of the board of trustees in issuing bonds, said election to be held as above provided for; and should two-thirds of the registered voters who have registered to vote in this election, in said district, who are property holders, vote to ratify the action of board of trustees, then said board of trustees thall have power and authority to issue said bonds and to dispose of same, as they may see best, for school purposes. The total bond issue outstanding shall never exceed seven per cent. of the taxable value of the property in said district. School bonds. Election for bonds. Sec. 12. Be it further enacted by the authority aforesaid, That the said trustees shall have power and authority at any time to have a census made of the number of children of school age residing in said district, which shall be the basis of settlement with the county board of education. School census. Sec. 13. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 18, 1903. SYLVANIA, PUBLIC SCHOOL SYSTEM FOR ABOLISHED. No. 264. An Act to repeal 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; which was approved December 18, 1902, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of

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the same, That 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 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, which was approved December 18, 1902, as will appear by reference to the Acts of 1902, pages 295 to 299, be, and the same is, hereby repealed. Sylvania public schools, Act creating repealed. 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. Repealing clause. Approved July 30, 1903. UPSHAW SCHOOL DISTRICT IN COBB COUNTY, ACT INCORPORATING AMENDED. No. 433. An Act to amend an Act entitled an Act to incorporate the Upshaw school district in Cobb county; to define the boundaries of the same; to regulate the management of the school in said Upshaw school district; to provide revenue for said school; to provide for the election of seven trustees and to confer on them certain powers, and for other purposes, so as to change the number of trustees from seven to five; to change the boundary line of said district; to provide that the trustees of said school district shall report direct to the State School Commissioner, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That section 1 of an Act approved December 18, 1900, entitled an Act to incorporate the Upshaw school district in Cobb county; to define the boundary of the same; to regulate the management of the school in said Upshaw school district; to provide revenue for said school; to provide for the election of seven trustees and to confer on them certain powers, and for other purposes, be, and the same is, hereby amended, by striking out the word Upshaw in the the third line of said section, and inserting in lieu thereof theword Macland; by striking out

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the word seven, where it occurs in the fourth line of said section and inserting in lieu thereof the word five, and by striking out the word Upshaw where it occurs in the fifth and sixth lines of said section, and inserting in lieu thereof the word Macland, so that said section, when amended, shall read as follows: 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 Macland 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 Macland school district, and by that name and style shall have perpetual succession, shall have a common seal and shall have power to purchase, have, hold, receive, enjoy, possess and retain to them, and their successors in office, for school purposes, any estate or estates, real or personal of whatever kind or name, within the jurisdictional limits of said district, and shall by said name be capable of suing and being sued in any court of law or equity in this State. Macland school district, trustees of incorporated. Corporate powers. Sec. 2. Be it further enacted, That section second of said Act be, and the same is, hereby amended by striking out all of said section after the word shall in the second line and inserting in lieu of the words so stricken the following: Include land lots Nos. 605, 606, 609, 610, 611, 612, 613, 614, 647, 646, 645, 686, 687, 688, 569, 570, 571, 572, 573, 574, 575, 576, 577, 578, 579, 580, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 495, 496, 497, 498, 499, 500, 501, 502, 503, 504, 505, 506, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 236, 237, 238, 239, 240, 241, 242, 243, 202, 203, 204, 205, 206, 207, 208, 209, and extend to the outward bounds of land lots Nos. 605, 606, 607, 608, 609, 610, 611, 647, 686, 687, 688, 645, 614, 570, 569, 542, 495, 469, 421, 394, 347, 320, 319, 275, 243, 202, 203, 204, 205, 206, 207, 208, 209, 236, 284, 285, 286, 307, 361, 360, 382, 433, 457, 506, 531, 580, all in the 19th district and second section of Cobb county, Georgia, making a district of one hundred and forty-eight land lots, of forty acres each. Corporate limits. Sec. 3. Be it further enacted, That section third of said Act be, and the same is, hereby amended by striking out of said section the following words, beginning in the second line

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of said section: 1901 and on the same day of each succeeding year thereafter, for seven trustees to serve one year until their successors are elected and qualified, and inserting in lieu thereof the words: 1903 for five trustees, two of whom shall hold for one year, two for three years, and one for five years. The persons so elected shall, among themselves, determine by lot which of the three terms each shall have. After the first election, hereby provided for, there shall be an election every two years, on the first Monday in August, to fill the vacancies caused by the expiration of the terms of the trustees, occurring upon said date and after said first election all terms (except unexpired terms) shall be for five years. In case any vacancy should occur by the death, resignation or removal from said district of any trustees, the remaining trustees shall have power to elect a trustee to fill said vacancy, until the next regular election, at which some person shall be elected trustee for said unexpired term. Should all of the trustees die, resign or remove from said district, so that there should be no trustees for said district, then any citizen of said district may post a call for an election in three prominent places within the corporate limits of said for at least thirty days, stating the day of said called election, on which day an election shall be held. Two of the persons so elected shall hold to the next regular election thereafter; two until the second regular election thereafter; one until the third regular election thereafter, and by striking out the word Upshaw where it occurs in the sixth line of said section, and inserting in lieu thereof the word Macland, so that said section when amended shall read as follows: Sec. 3. Be it enacted by the authority aforesaid. That an election shall be held on the first Monday in August, 1903, for five trustees, two of whom shall hold for one year, two for three years and one for five years. The persons so elected shall, among themselves, determine by lot which of the three terms each shall have. After the first election hereby provided for there shall be an election every two years, on the first Monday in August, to fill the vacancies caused by the expirations of the terms of trustees occurring upon said date, and after said first election all terms (except unexpired terms) shall be for five years. In case any vacancy should occur by the death, resignation or removal from said district of any trustee, the remaining trustees shall have power to elect a trustee to fill said vacancy until the next regular election, at which some person shall be elected trustee for said unexpired term. Should all of said trustees die, resign or remove from said district so

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that there should be no trustees for said district, 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 the day of said called election, on which day an election shall be held. Two of the persons so elected shall hold to the next regular election thereafter, two until the second regular election thereafter and one until the third regular election thereafter. All citizens who are qualified to vote in State elections and who have paid all taxes due Macland school district, and who have resided in said district for a period of six months next preceding the day of election, shall be able to vote. Election of trustees. Trustees, how elected. Sec. 4. Be it further enacted, That section 6 of said Act be, and the same is, hereby amended by striking out the word seven where it occurs in the second line of said section and inserting in lieu thereof the word five, so that said section, when amended, shall read as follows: Sec. 6. Be it enacted by the authority aforesaid, That the five citizens who are eligible to the office of trustee, who shall receive respectively the highest number of votes shall be, when required, and the persons so elected shall attend the usual place of holding trustees' meetings within five days after said election, and qualify by taking oath well and truly to perform the duties of the office to which they have been elected, and shall forthwith enter upon the discharge of the duties of said office. Oath of trustees. Sec. 5. Be it further enacted, That sections 8, 9, 10 and 12 of said Act be amended by striking out the word Upshaw wherever it occurs in said section and inserting in lieu thereof the word Macland, so as to designate said district as Macland school district. Sec. 6. Be it further enacted, That section 13 of said Act be amended by striking out the word Upshaw where it occurs in the second line of said section and inserting in lieu thereof the word Macland, and by striking out the word county where it occurs in the fourth line of said section and inserting in lieu thereof the word State, so that said section, when amended, shall read as follows: Section 13. Be it enacted by the authority aforesaid, That the school of said Macland school district shall not be under the control of any county school board, but shall be controlled by the trustees of said district, who shall report direct to the State School Commissioner. Control of schools. Sec. 7. Be it further enacted by the authority aforesaid, That said Act be further amended by adding to said Act a section

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to be known as section 15, and to read as follows: Section 15. Be it further enacted by the authority aforesaid, That the county school commissioner of Cobb county shall pay over to the secretary and treasurer of the board of trustees of the said Macland school district the pro rata share of the school fund of Cobb county for all children of or within school age, who are residents of said county, and children of such age not residents of said Macland school district, but who attend the public schools of such district. Pro rata share of county school fund. Sec. 8. Be it further enacted by the authority aforesaid, That all laws and parts of laws that conflict with this Act be, and the same is, hereby repealed. Repealing clause. Approved August 17, 1903. WADLEY, PUBLIC SCHOOL SYSTEM AMENDED. No. 288. An Act to amend an Act to establish a system of public schools in the town of Wadley, approved December 16, 1895, by striking from said Act all of section 2, 3, 6, 7, 8 and 9 and inserting in lien thereof sections creating a board of education, fixing the term of office of each member, directing the State School Commissioner to pay over to the treasurer of the board of education of said school district all money due from all sources under said Act; to define the boundary thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act that an Act to establish a system of public schools in the town of Wadley, approved December 16, 1895, be, and the same is, hereby amended as follows, to wit: by striking from said Act all of sections 2, 3, 6, 7, 8 and 9, and insert in lieu thereof the following in its stead. Wadley public system. Sec. 2. Be it further enacted, That the following named persons, to wit: S. C. Evans, S. L. Peterson, N. W. Bedingfield, J. A. Spier, W. B. Holmes, S. H. Wilcox, J. W. Cato, John S. Way, W. B. Donovan, B. L. Humphrey, M. R. Little, L. A. Cheatham are hereby made the board of education for said town, and shall enter upon their duties as such as soon as this Act is approved by the Governor of this State. Trustees pro tem.

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Sec. 3. Be it further enacted, That the term of office of the first four shall expire January 1, 1904, and the others annually thereafter in the order of their names above written, and their successors shall be elected by the remaining number of said board at the first meeting of said board after the expiration of term of office of any member or members, and the term of office shall be for three years. In case of vacancies otherwise than by expiration of term of office said board shall elect members to fill said vacancies at the next meeting of said board after said vacancies occur, or so soon thereafter in either event as is practicable. Election of trustees. Sec. 4. That officers of said board of education shall be a president, vice-president, secretary, treasurer and superintendent of public schools; that no member of said board or officer thereof, except the secretary and treasurer, shall receive any compensation for his services, who shall not receive more than $25.00 dollars per annum, to be fixed by the said board. The treasurer shall give good and sufficient bond in the sum of one thousand dollars for the faithful discharge of his duties, which said duties shall be designated and prescribed by said board. The term of office of each shall be for one year and their successors shall be elected by ballot on the first Tuesday in June. The principal of the white school shall be the superintendent of public schools of said town. The said board of education shall hold monthly meetings at the white schoolhouse, on the first Tuesday, to transact such business as may be necessary to carry on said schools. Officers of board. Sec. 5. That the necessary funds for the establishment, conducting, maintaining and supporting such public schools shall be derived as follows: First. The town council of Wadley is hereby authorized, empowered, and required to levy each year a special tax, as the board may recommend, not to exceed one-half of one per cent. on all property in said town subject to taxation by said town, to collect the tax and pay it over to the treasurer of said board of education. School tax. Second. That the town council of Wadley is hereby authorized, empowered, and required to pay to the treasurer of said board all sums collected by the town authorities for license of all kinds, for special taxes on all business of any kind. Special taxes. Third. The State School Commissioner of the State of Georgia is hereby authorized, empowered, and required to pay over to the treasurer of said board the pro rata share of the State school funds for the children within school age who are residents

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of said district, the boundary of which shall extend two miles and a half from the Central railroad depot in the town of Wadley in all directions. It shall be the duty of said board to have prepared and furnish to the State School Commissioner on the fifteenth of December annually a census report of all children of the legal school age in said district, upon which he shall base his calculation. Pro rata share of State school fund. Fourth. That the county school commissioner of the said county of Jefferson shall pay over to the treasurer of said board of education the pro rata share of school fund of Jefferson county for all children of or within school age who are residents of said county and not residents of said district, but who are attending the public schools of said district. Pro rata share of county school fund. Fifth. That the said board of education may provide for the admission of pupils upon payment of such matriculation and incidentals as they, the board, may deem just and reasonable. Admission of pupils. Sec. 6. That any member of said board shall for malfeasance or nonfeasance be removed from office by a majority vote of the other members of said board constituting a quorum, and the unexpired term resulting therefrom shall be filled by the remaining members constituting a quorum. Removal of trustees. Sec. 7. The county board of education shall have no authority or voice in the management of the schools in the Wadley school district, established by the board of education of said district. Control of schools. Sec. 8. The term of public schools for said district shall not be less than five nor more than ten months in each year. Scholastic year. Sec. 9. Be it further enacted, That all laws and parts of laws in conflict with Act be, and the same are, hereby repealed. Repealing clause. Approved August 6, 1903.

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WARESBORO SCHOOL DISTRICT IN WARE COUNTY INCORPORATED. No. 401. An act to incorporate the Waresboro school district in Ware county; to define its boundaries; to regulate the management of the schools in said district; to provide for revenue for running and maintaining said schools; to provide for the election of the trustees who are to succeed the trustees named herein; to define the powers and duties of the trustees, 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 Waresboro school district is hereby constituted a body corporate to be managed and controlled by a board of trustees consisting of five members, to be chosen as hereinafter set out, and shall be known and incorporated under the name and style of Trustees of the Waresboro school district, and by that name and style shall have perpetual succession, shall have a common seal, and have power to purchase, have, hold, receive, enjoy, possess and retain to them and their successors in office for school purposes, or for the benefit or use of the schools in said district, any estate or estates, real or personal, of whatever kind or nature, within the jurisdictional limits of said district, and shall by said name or style be capable of suing and being sued in any court of competent jurisdiction in this State. Waresboro school district incorporated. Corporate powers. Sec. 2. Be it further enacted by the authority aforesaid, that the corporate limits of said district shall be bounded as follows: beginning at a point on the B. W. R. R. known and designated as the three mile crossing, running in a straight northeasterly direction to the northeast corner of lands owned by Bartow Thigpen; around said land line to Cox creek; thence down Cox creek to the Satilla river and up said river to a point known as the McDaniel Landing; thence to the northwest corner of lands owned by John A. Cribb and thence straight west to the old Fullwood place; thence to Saltville, and thence straight southwest along a certain road leading from Saltville to the Wilson Mill site; thence straight south to the McDonald public road; thence down said road in an easterly direction to the corner of lot No. 148 in the 8th district of Ware

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county; thence directly south again to the south corner of said lot; thence east again to the southeast corner of said lot; thence straight south until the public road running from McDonald to Waycross is reached; thence east in an easterly direction down said road until the land line has been reached on the Hilliard estate; thence north back to the three mile crossing, or starting point. Corporate limits. Sec. 3. Be it further enacted by the authority aforesaid, That C. W. Tyre and H. F. Jeffords are hereby made trustees of the said Waresboro school district who shall hold office till the first regular election held hereunder, to wit: on the third Wednesday in June, 1904, and until their successors are elected and qualified. Also Cop Rouse, D. H. Bennett and Barto Hargraves are hereby made trustees of said district and shall hold office until the regular election held hereunder, to wit: on the third Wednesday in June, 1905, and until their successors are elected and qualified. The object being to divide the board of trustees into two sections; two members to be elected one year and three members the next year, thus alternating each year. Trustees pro tem. Sec. 4. Be it further enacted by the authority aforesaid, That beginning on the second Wednesday in December, 1904, and annually thereafter, there shall be an election held for the election of school trustees of said district. The members thus elected shall hold office for two years and until their successors are elected and qualified. All persons who are and have been residents of the said Waresboro school district next preceding the day of the election for six months, and who have paid all taxes due said school district, and who are otherwise qualified to vote for members of the General Assembly, shall be qualified to vote at said election for trustees; provided, no person shall be eligible to hold the office of trustee who does not own some property for taxation in said district other than paying a poll tax. Election of trustees. Sec. 5. Be it further enacted by the authority aforesaid, That the elections to be held hereunder shall be held under the supervision of any justice of the peace or notary public ex officio justice of the peace of said district with any two free-holders of said district. But should no election be held on the day specified, or in case of a tie, then any citizen of said district may post a call in three prominent places in said district for at least thirty days, stating day and purpose of said called election, on which day an election shall be held as above provided for. How held. Sec. 6. Be it further enacted by the authority aforesaid, That the persons receiving the highest number of votes cast shall

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be declared elected, and a certificate of election shall be issued to such successful persons; provided, however, such certificates of election shall not be delivered till the expiration of five days from the date of said election. The persons thus elected shall after receiving said certificate of election, qualified and subscribed to by taking an oath to well and truly perform the duties of trustee of said district, and shall forthwith enter upon the discharge of the duties of said office. Certificates of election. Sec. 7. Be it further enacted by the authority aforesaid, That the trustees shall elect from their body a chairman and a vice-chairman; they shall also elect a secretary and treasurer, either from their body or any citizen of said district, and fix his compensation. The trustees shall receive no compensation for their services as such. Officers of board. Sec. 8. Be it further enacted by the authority aforesaid, That the trustees of said district shall have full control of the management of all the schools in said district; they shall have full power and authority to employ all teachers or other persons; fix their compensation, prescribe their duties, and shall have full power and authority to remove any teacher or other person employed in connection with said schools, when, in their discretion, they think best. Separate schools for white and colored children shall be provided. Powers of board. Sec. 9. Be it further enacted by the authority aforesaid, That all funds coming into the hands of the county school commissioner to which the schools in this district are entitled shall be paid directly to the secretary and treasurer of said board of trustees by said commissioner. All children who are entitled to the benefit of the public school funds of this State shall be admitted to said schools. The said trustees may, by a majority vote, refuse to admit any child or pupil to said school, or may expel them from the same at any time, if in the judgment of said trustees it would be detrimental to the moral or general welfare of said schools or pupils therein to allow them to enter or remain in said schools. Pro rata share of county school fund. Admission of pupils. Sec. 10. Be it further enacted by the authority aforesaid, That the county board of education shall have no authority to employ or discharge any teacher in the schools in said district, The management of said schools shall be entirely in the hands of the trustees of said district. Control of school. Sec. 11. Be it further enacted, That the trustees of the Waresboro school district shall have power and authority to issue bonds, provided that they shall post in three conspicuous places in said district, and publish in some paper in

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the county for thirty days a notice stating the amount of the proposed bond issue, when due, rate of interest and for what purpose to be used; also notice of an election to ratify or reject the action of the board of trustees in issuing bonds. Said election is to be held as above provided for, and should two thirds of the registered voters who have registered to vote in this election in said district, who are property holders, vote to [Illegible Text] the action of the board of trustees, then said board of trustees shall have power and authority to issue said bonds, and to dispose of the same as they may deem best for school purposes. The total bond issue outstanding shall never exceed seven per cent. of the taxable value of the property in said district. School bonds, election for. Sec. 12. Be it further enacted by the authority aforesaid, That the said trustees shall have power and authority at any time to have a census made of the number of children of school age residing in said district, which shall be the basis of settlement with the State School Commissioner. School census. Sec. 13. Be it further enacted by authority aforesaid, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 18, 1903.

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TITLE III. MISCELLANEOUS. ACTS. Appling county, board of road commissioners for. Bibb county, road tax, ad alorem and capitation. Bulloch county, board of county commissioners created. Camden county, commissioners of roads and revenues, powers of. Carroll county, road commissioners for, powers, etc. Carroll county, board of commissioners for, created. Charlton county, Act creating board of commissioners amended. Dade county, Act creating board of commissioners repealed. Douglas county, board of commissioners, powers, etc. Glascock county, board of commissioners abolished. Hall county, board of commissioners, election, etc. Jackson county, board of commissioners, organization, etc. Monroe county, board of commissioners for created. Pulaski county, board of commissioners, election, etc. Randolph county, board of commissioners for created. Tattuall county, board of commissioners for created. Twiggs county, board of commissioners, election, etc. Walton county, board of commissioners abolished. Wilkes county, board abolished, a commissioner instead. Brooks county, license fee for retailing liquor. Buena Vista dispensary, Act creating amended. Coffee county, dispensaries for established. Colquitt dispensary, Act creating amended. Hart county, manufacture of liquor in prohibited. Hogansville dispensary. Act establishing amended. Irwin county, dispensaries in cities and towns authorized. Lee county dispensaries, Act establishing amended. Pulaski county dispensaries, Act establishing amended. Statesboro dispensary, establishment of. Telfair county, license fee for retailing liquor. Web-ter county, dispensary for authorized. Upson county, manufacture of liquor prohibited. Bartow county, protection of fish in waters of. Bibb county, work of chain-gang on streets of Macon. Camden county, sheriff, salary of. Carroll county, drainage of. Clayton county, drainage of. Chatham county, deputy jailor, salary of. Dawson county, drainage of. Fayette county, protection of fish in waters of. Glynn county, sale of slaughtered stock, etc. Hall county, protection of fish in waters of. Morgan county, drainage of.

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Terrell county, officers of, compensation of. Thomas county, game wardens for. Thomas county, hunting and fishing prohibited. Union county, protection of fish. Gainesville, land ceded for government buildings. APPLING COUNTY, BOARD OF ROAD COMMISSIONERS FOR. No. 224. An Act to create a board of road and bridge commissioners for Appling county, define their powers and prescribe their 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 a board of bridge and road commissioners be created in and for said county, to consist of one member from each militia district. Appling county, road commissioners. Sec. 2. Be it further enacted, That the judge of the superior court shall appoint the said board of commissioners immediately after the approval of this Act. One third of said board shall be appointed for two years, one third for four years, and one third for the term of six years. Each subsequent appointment shall be for the full term of six years. Any vacancies on said board due to death, resignation or refusal to serve shall be filled by appointment by the judge, and shall be for the unexpired term, and shall be made from the same district. Appointment and terms of office. Sec. 3. Be it further enacted, That the said board shall from their number elect a chairman, who shall preside at their meetings, also a clerk, who shall keep a record of each meeting and its proceedings. A majority of said board shall constitute a quorum for the transaction of its business. Chairman and clerk. Sec. 4. Be it further enacted, That said board shall meet monthly at the court-house in Baxley for the transaction of all business that shall legally come before it. Each member of the board shall receive the same compensation that a juror receives; provided that the said board shall not receive compensation for more than twelve days annually. Meetings and compensation. Sec. 5. Be it further enacted, That the said board shall keep a register plat or map of all the public roads in the county, and shall classify the same in conformity with the law now in force as first, second or third class roads. They shall have power to create new roads, discontinue or change existing roads by advertising

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the same for thirty days at the court-house door, and in the district or districts at their precincts, through which said road or roads may be located. Man of roads. Powers of commissioners. Sec. 6. Be it further enacted, That said commissioners shall have charge of the public roads and bridges in said county, and shall prescribe the manner and method of working, building or repairing the same. Working roads. Sec. 7. Be it further enacted, That the commissioners of roads and bridges in said county may appoint a superintendent of roads at such reasonable compensation as they may elect, prescribe his duties and make such rules and regulations necessary for the proper enforcement of the same. Superintendent of roads. Sec. 8. Be it further enacted, That said commissioners may purchase any and all machinery, implements, tools, wagons or stock necessary or required in working said roads. Tools, stock, etc. Sec. 9. Be it further enacted, That the said commissioners of roads shall have the public roads of said county worked either by contract, hired free labor, or by the organization of the misdemeanor convicts of this county, and such other convicts as may be apportioned to them, or hired from other counties into chain-gangs for this purpose. They may adopt either one or all of the above cited methods for working the same. Chain-gang. Sec. 10. Be it further enacted, That the said commissioners may assess a tax on all real and personal property in said county for road purposes not to exceed two tenths of one per centum, or may assess a commutation tax on every person subject to road duty, not less than fifty cents, or more than one dollar per day for each person amenable for road duty. They may adopt either one or both of the above cited methods. Road tax. Sec. 11. Be it further enacted, That all revenue derived from taxation on property, or commutation tax, shall be expended on the roads in the districts from which it was collected. Taxes, how expended. Sec. 12. Be it further enacted, That the tax-collector of Appling county shall collect the tax assessed against all property in said county, at the same time and in the same manner as county and State taxes are collected, and shall pay the same to the county treasurer. The tax-collector shall report to the said commissioners the amount collected from each district, and they shall keep a record of the same. Tax collector. Sec. 13. Be it further enacted, That the county treasurer shall keep all moneys collected for road and bridge purposes separate from other funds of said county, and shall pay the same out only upon vouchers approved by said board of commissioners. Treasurer. Sec. 14. Be it further enacted, That the said commissioners

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shall make an itemized report to each grand jury of all revenue received and expended in each district of said county, and of all work done, and cost of the same and to whom paid. Reports to grand juries. Sec. 15. Be it further enacted, That all work done by contract or hired labor shall be done according to specifications, and shall be inspected before receiving and paying for the same. Contract work. Sec. 16. Be it further enacted, That any person subject to road duty in said county, and against whom a commutation tax is assessed, shall have a right to pay said tax in labor on said roads. Said commissioners shall assess the quantity of work required in lieu thereof. Commutation tax. Sec. 17. Be it further enacted, That any person subject to road duty, and against whom a commutation tax is assessed, refusing to pay the same, or perform the necessary labor in lieu thereof, shall be subject to a fine not to exceed one hundred dollars, or be imprisoned in the county jail, at the discretion of the authority trying the case, or be sentenced to work in the chain-gang for not longer than ninety days. Commutation tax, failure to pay. Sec. 18. Be it further enacted, That two commissioners are empowered to try all defaulters who refuse to pay the commutation tax assessed, or perform the necessary labor in lieu thereof, on the public roads. Said commissioners shall hold court or courts for the trial of all defaulters at any time or times, at any place or places in the county that may be fixed by said authority; provided, that five days' notice be given of the time and place, or times and places, to the said defaulters. Defaulters, trial of. Sec. 19. Be it further enacted, That all defaulters shall be summoned for trial by or arrested by such officer or officers as the commissioners may appoint or any lawful constable of the county. Arrests of defaulters. Sec. 20. Be it further enacted, That a list of persons in each district subject to road duty shall be kept by the commissioners and the same shall be arranged alphabetically, and shall be corrected as often as necessary. List of road hands. Sec. 21. Be it further enacted, That any and all powers granted by the general law of this State to road commissioners, superintendents and overseers, not specially provided for by the provisions of this Act, shall be vested in said board, and they shall make such rules and regulations necessary for the proper enforcement of the same, in conformity of the law now or hereafter in force. General law. Sec. 22. Be it further enacted, That said board shall have the control of the locating and building of all bridges in said county, and shall build the same by contract, according to specifications and awarded to the lowest competitive bidder. Bridges.

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Sec. 23. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved July 16, 1903. BIBB COUNTY ROAD TAX, AD VALOREM AND CAPITATION. No. 331. An Act to amend an Act to establish a county board of commissioners for the county of Bibb, to define their duties, and for other purposes therein named, approved February 6, 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 fourteenth section of the above recited Act be amended by striking out all of said section and inserting in lieu thereof the following: That the said county board of commissioners shall each year, at the time they assess the county taxes for other purposes, assess an ad valorem tax not exceeding one sixth of one per cent. upon all the taxable property of the county, as a road tax, for the purpose of building and maintaining the public roads of the county. Said board of commissioners shall also, at the same time and for the same purposes, assess as a commutation road tax for the calendar year next following the year of its assessment, a capitation tax to be paid in lieu of road work, not to exceed three dollars, upon each and every person in the county subject under the law to county road duty. The full performance of road duty each year as required by law, either in person or by proxy, shall operate as a release and exemption from the payment of said commutation tax. All road defaulters of the county or persons who, being subject to county road duty and duly summoned to work, either personally or by publication or by mail, fail or refuse to obey such summons and to work either in person or by proxy, under the direction and order of the road commissioners of the county the full number of days required by law, not to exceed six in each calendar year, shall be liable and subject to the payment of said commutation road tax. The list of such road defaulters shall be ascertained and made out each year by the tax-collector from the reports required by law to be made to him by the road commissioners of the several districts of the county, which reports shall be filed with him by the first day of September of each year, and shall show the names

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of all persons in the several districts of the county subject to road duty, and also the names of all those who are defaulters, and liable under the provisions of this Act for said commutation road tax. Said commutation road tax shall be due and payable at the same time and collected by the tax-collector in the same manner and subject to the same laws and remedies in case of failure to pay as other county taxes; provided, that none of the provisions of this Act for the assessment and collection of said commutation road tax shall be of force against the residents of the city of Macon in said county. Bibb county road tax, ad valorem and commutation. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 13, 1903. BULLOCH COUNTY, BOARD OF COUNTY COMMISSIONERS CREATED. No. 400. An Act to provide for the creation of a board of county commissioners for the county of Bulloch, and to prescribe their powers and duties, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the first day of September, 1903, there shall be a board of five county commissioners in and for the county of Bulloch, one of whom shall be the ordinary of said county, to be elected by the people of the county as other county officers are elected, and to hold office for four years from the date of their election, and until their successors are elected and qualified; provided, nevertheless, that Ivy D. Gay be, and he is, hereby appointed a member of said board to serve until his successor is elected at the general election for State and county officers in 1904; and that Moses J. Bowen and William J. Denmark be, and they are, hereby appointed members of said board to serve until their successors are elected at the general election for State and county officers in 1906; and that Morgan Brown be, and he is, hereby appointed a member of said board to serve until his successor is elected at the general election for State and county officers in

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1908. All the members of said board must be competent to hold office in the county of Bulloch. Bulloch county, commissioners for. Sec. 2. Be it further enacted, That the ordinary of Bulloch county shall be clerk of said board, and shall make and keep in a well bound book and proper files in his office a full and complete record of all the actions and doings of said board. Record of proceedings. Sec. 3. Be it further enacted, That said board shall have full and complete control of the county property, of the paupers and paupers' home of the county, and the roads and bridges of the county, and of the chain-gang and convicts of said county. The other county business shall be transacted by the ordinary of said county as heretofore it has been done; provided, nevertheless, that the ordinary of said county shall advise with the other members of said board before levying taxes, and it is hereby made the duty of said ordinary to levy such taxes as will, in the opinion of the board, to meet the expenditures of the year, according to their plans for the working of the roads, building and preserving and repairing of bridges and the property of the county, and for the protection of the paupers and maintaining of the chain-gang. Powers of board. Sec. 4. Be it further enacted, and it is hereby declared to be the main purpose of this Act, to secure for the county of Bulloch good roads and bridges, and to this end said board is hereby empowered and authorized to adopt the best plans practicable for carrying into effect of whatever system of road-working may be of force or which may hereafter be adopted in said county; and to this end may organize a chain-gang, may hire such convicts from other counties as they think best, may apply to the State for such of the felony convicts as allowed by law, may employ such road experts and bridge experts, and purchase such road machinery and material as they think best; may cause to be levied such taxes, which may be levied under the law, as they may think best and necessary to properly carry into effect the provisions of this Act. System of road-working. Chain-gang. Sec. 5. Be it further enacted, That the majority of said board voting for a measure shall be necessary to its adoption, and a majority of said board shall constitute a quorum for the transaction of business. Quorum of board. Sec. 6. Should there be a vacancy in said board from refusal to serve or from any other cause, said vacancy shall be filled by appointment by the judge of the superior court of Bullock county. Vacancies on board. Sec. 7. Be it further enacted, That at the first meeting of said board the members of said board shall elect one of their number chairman, who shall serve during his term of office, and they shall hold as many meetings in the office of the ordinary of Bulloch

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county and at such time as they may think necessary for the transaction of their business. Chairman of board Sec. 8. Be it further enacted, That the members of said board shall receive the sum of three dollars per day each for the number of days actually served by each on said board; provided, that no member shall receive more than $75.00 per annum for his services. Per diem of commissioners. Sec. 9. Be it further enacted, That all money paid out by said board shall be by order of the board, stating for what paid, signed by the chairman of said board and countersigned by the clerk of said board, to wit, the ordinary of Bulloch county. Expenditures. Sec. 10. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 18, 1903. CAMDEN COUNTY, COMMISSIONERS OF ROADS AND REVENUES, POWERS OF. No. 409. An Act to give to the commissioners of roads and revenues of the county of Camden in this State entire charge of the roads of said county; to provide for the establishment of a convict gang and the working of the same upon the public roads; to give them power to levy a special property tax for road purposes; to provide for the employment of a county superintendent of roads and subordinate officers; to prescribe who shall be subject to road duty and the number of days they shall be required to work in each year, the amount of commutation tax that shall be received in lieu of work and the disposition 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 from and after the passage of this Act the commissioners of roads and revenues of the county of Camden shall have exclusive jurisdiction over and sole right to lay out, open, change and discontinue public roads therein, and of the working of the same. And said commissioners shall appoint a superintendent of public roads and all overseers, officers and guards that may be required or necessary to the carrying out of the provisions of this Act; to prescribe and define their duties, and to fix the terms of office of same,

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and to fix and pay to said appointees such salaries or wages as may be deemed proper. Camden county, commissioners, for, powers of. Sec. 2. Be it further enacted, That every male citizen of said county of Camden between the ages of twenty-one and fifty years shall be subject to road duty except those now exempt by law, whose duty it shall be to work on the public roads of said county for five days in each year, or pay into the hands of the county superintendent the sum of two dollars and fifty cents in lieu thereof, and said superintendent shall receipt such person for said commutation tax and shall apply the same to the working of the roads of the district in which the person so paying was warned to work. Road hands. Sec. 3. Be it further enacted, That the commissioners shall levy and collect, in addition to any now authorized by law, a tax of not less than ten cents nor more than twenty-five cents on each one hundred dollars' worth of taxable property in the county; and the sum raised by said levy, together with the commutation tax hereinbefore provided for, shall be known as the public road fund and shall be appropriated and applied to the payment of the salaries and wages hereinbefore mentioned, and for working, improving and repairing the public roads of the county. Road tax. Sec. 4. Be it further enacted, That the commissioners shall be, and are, hereby authorized and empowered to work the public roads of said county with convict labor, and to this end may organize a chain-gang, to consist of the misdemeanor convicts of said county and of any other county in this State, of which such convicts may be obtained without cost, or for hire. They may work said roads with free hired labor and with those persons who refuse, neglect or decline to pay the commutation tax hereinbefore provided for, but free hired laborers and those not paying the commutation tax shall not be worked with the convicts. The commissioners may have the roads worked by contract with private parties or corporations; provided, however, that in awarding contracts for said work allowances shall be made for the employment of the convicts and the labor of those who have not, or do not pay the commutation tax. They may have the roads worked in any one or all said methods, or in any other method or system necessary to the putting and keeping of said roads in good condition. Chain-gang. Free labor. Contract work. Sec. 5. Be it further enacted, That the commissioners shall be, and they are, hereby authorized to purchase all machinery, tools, wagons, stock, etc., that may be required and necessary to the working of said roads, and to build such houses and stockades and to provide all other things necessary to the proper handling and working of the convicts. Tools, stock, etc. Sec. 6. Be it further enacted, That the commissioners shall

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provide for the employment of district overseers, whose duties shall be to prepare and keep in thorough revision a list of the road hands in their respective districts, to summons hands to work the roads upon being notified by the county superintendent, and to act in the place of the superintendent in cases of emergency to attend the commissioners' courts and testify in cases of defaulters. District overseers. Sec. 7. Be it further enacted. That the residents of cities and towns in said county shall not be required to work public roads outside the corporate limits of such cities and towns, nor to pay the commutation tax. Exemptions. Sec. 8. Be it further enacted, That in case any person fails or refuse to pay the commutation tax when demanded by the proper officer, or, without good excuse, fails or refuses to appear and work at the time and place appointed when summoned, or who shall fail or refuse to do faithful work as ordered by officers in charge of the the work, he shall be fined not less than one dollar nor more than five dollars for each day he fails to work, or be imprisoned in the common jail or be sentenced to work in the chain-gang for not longer than ninety days. Defaulters. Sec. 9. Be it further enacted, That one or more of the commissioners of roads and revenues are hereby authorized and empowered to try defaulters, and courts for the trial of defaulters shall be held at such times and places in the several districts of the county as the commissioners shall or may fix and appoint. Ten days' notice of the times and places of holding said courts shall be given by posting notice of the same at one or more of the most public places in the district where the court is to be held, and no other notice shall be necessary. Trials of. Sec. 10. Be it further enacted, That defaulters may be arrested by such officer or officers as the county commissioners may appoint for the purpose, or by any lawful constable of the county. Arrests of. Sec. 11. Be it further enacted, That for the making of any fraudulent disposition of the funds hereby provided, or for any of the commissioners, superintendent or overseers to be interested directly or indirectly in any contract authorized under this Act, the commissioner, superintendent or overseer so offending shall be guilty and punished as for a misdemeanor. Misappropriation of funds. Sec. 12. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 18, 1903.

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CARROLL COUNTY, ROAD COMMISSIONER FOR, POWERS, ETC. No. 379. An Act to create the office of road commissioner for the county of Carroll; to provide for his election and to prescribe his powers and duties, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That there shall be appointed by the judge of the superior court of Carroll county, on recommendation of the grand jury at the October term, 1903, a road commissioner for said county, who shall hold his office until his successor is elected and qualified as hereinafter provided. Carroll county, commissioner, appointment and term. Sec. 2. Be it further enacted, That at the election for county officers in 1904, and every four years thereafter, a road commissioner for said county shall be elected as other county officers are elected, who shall hold said office for four years from the first day of January, 1905, and until his successor is elected and qualified, unless sooner removed for good cause. If for any reason vacancies occur in said office, the ordinary of said county shall fill such vacancy for the remainder of the unexpired term by appointment. Election of a commissioner. Sec. 3. Be it further enacted, That before entering upon the discharge of the duties of said office such road commissioner shall take and subscribe before the ordinary of said county the oath required of all civil officers, and, in addition thereto, an oath that he will well and faithfully discharge the duties of road commissioner of the county of Carroll to the best of his ability, without favor or affection to any one, and that he will well and truly account for all moneys coming into his hands as such road commissioner; and shall give bond and security, payable to the Governor of this State and his successors in office, to be executed in the presence of and approved by the ordinary of said county, in such sum as in the judgment of the ordinary will cover the amount of money likely to come into the hands of said road commissioner, which bond shall be conditioned for the faithful discharge of his duties, and to account for all moneys coming into his hands as such road commissioner. Oath and bond. Sec. 4. Be it further enacted, That said road commissioner shall have the entire charge of the public roads and bridges in

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said county in as complete and ample a manner as the ordinary of said county now has, except the power to appoint a general road superintendent, and he shall have and exercise all the other powers conferred upon the ordinary of said county by section 573 to 583, inclusive, of volume 1 of the Code of 1895, and amendments thereto. Powers. Sec. 5. Be it further enacted, That it shall be the duty of said road commissioner, as far as possible, to give his constant personal attention to looking after public roads and bridges of said county, and to have them put and kept in good condition, in keeping with the spirit of the road law. Duties. Sec. 6. Be it further enacted, That said road commissioner shall, on the first day of each term of the superior court of said county, lay before the grand jury a full itemized statement of all money received and paid out by him as such during the preceding six months, and shall submit to them his books and vouchers for examination. Reports to grand juries. Sec. 7. Be it further enacted, That said road commissioner shall receive a salary of twelve hundred dollars a year, to be paid in monthly installments out of the public road fund, and he shall not receive any fees or other pay for any service whatever. The ordinary of said county shall provide him an office at the court-house and furnish him with suitable furniture, stationery, books, etc.; and he shall keep office on all Saturdays and on the first Mondays and first Tuesdays of each month for the transaction of his official business. Salary. Sec. 8. Be it further enacted, That this Act shall not go into effect until ratified by a majority of the qualified voters of said county of Carroll. Said election shall be ordered by the ordinary of said county not later than October 1, 1903, and said election shall be held at the same time and under the same conditions under which the election for commissioners of roads and revenue shall be held. Election to ratify this Act. Sec. 9. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903.

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CARROLL COUNTY, BOARD OF COMMISSIONERS FOR CREATED. No. 466. An Act to create a board of commissioners of roads and revenues for the county of Carroll, and to define their duties and powers, and to fix their compensation, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That a board of commissioners of roads and revenues for the county of Carroll shall be established, to consist of five persons, to wit: J. R. Lassiter, W. J. Whatley, Jas. W. Green, whose terms of office shall expire on October 25, 1905; and L. C. Mandeville and J. K. Roop, whose terms of office shall expire on October 25, 1906; and the terms of each member of said board selected by the grand jury and appointed by the judge of the superior court of said county to succeed the members herein named shall be two years, always to expire on October 25. Carroll county, board of commissioners. Sec. 2. Be it further enacted by the authority aforesaid, That the term of office of the above named commissioners shall commence upon the passage of this Act, as hereinafter provided, and hold their first meeting on the first Tuesday in October, 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. Sec. 3. Be it further enacted by the authority aforesaid, That in case of vacancy in said board, occasioned by death, resignation or otherwise, between the passage of this Act and the selection and qualification of the successors to said members of said board, the judge of the superior court of the Coweta circuit shall fill said vacancy for the unexpired term. Vacancies. Sec. 4. Be it further enacted by the authority aforesaid, That three of said members shall constitute a quorum for the transaction of any business that may come before said board. Quorum. Sec. 5. Be it further enacted by the authority aforesaid, That said board of commissioners shall have exclusive jurisdiction, when sitting for county purposes, over the following subject-matters, to wit: Powers of board. 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 Carroll, in conformity to law.

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Fourth. In establishing and changing election precincts and the lines of militia districts. Fifth. In examining, auditing and allowing all claims for or against the county of Carroll. 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 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. Sec. 6. Be it further enacted by the authority aforesaid, That said board shall meet at the court-house in said county, and hold their sessions at such times as may be agreed upon and advertised by them. Meetings of board. Sec. 7. Be it further enacted by the authority aforesaid, That for each day's service rendered by the members of said board they shall receive two dollars. Per diem. Sec. 8. Be it further enacted by the authority aforesaid, That said board shall have power to appoint a secretary for said board, and fix his compensation for such services. Secretary. Sec. 9. Be it further enacted by the authority aforesaid, 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 to grand juries. Sec. 10. Be it further enacted by the authority aforesaid, That this Act shall not go into effect until ratified by a majority of the qualified voters of said county, and the ordinary of said county is hereby authorized to order an election to be held not later than September 1, 1903, to give notice thirty days prior to the election, as provided by law, which election shall be held under the same rules and regulations as are elections for county officers, and the qualifications of voters shall be the same. Those favoring commissioners shall have written or printed on their ballots the words For commissioners, and those opposed to the board of commissioners of roads and revenues shall have written or printed on their ballots the words Against commissioners. Election to ratify this Act. Sec. 11. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903.

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CHARLTON COUNTY, ACT CREATING BOARD OF COMMISSIONERS AMENDED. No. 296. An Act to amend an Act approved December 23, 1896, creating a board of commissioners of roads and revenues for Charlton county, and to define their powers and duties by increasing the number of said commissioners from three to five, provide for their election, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act that the Act approved December 23, 1896, creating a board of commissioners of roads and revenues for Charlton county, etc., be, and the same is, hereby amended, as follows: By striking all of section 2 of said Act and enacting in lieu thereof the following, which shall be known as section 2: Be it enacted by the authority aforesaid, That Aaron Dowling, S. B. Roddenbury, E. B. Stokes, L. M. Bedell and D. C. Layton, citizens of said county of Charlton, are hereby appointed a county board of commissioners for said county. That the term of office of the three commissioners first named above shall expire on December 31, 1904, and that of the two commissioners last named on December 31, 1906. That said board shall discharge all the duties herein mentioned until their successors are elected and qualified. Charlton county, commissioners for. Sec. 2. Be it enacted by the authority aforesaid, That said Act be further amended by striking all of section 3 thereof and enacting in lieu thereof the following, to be known as section 3: Section 3. Be it enacted by the authority aforesaid, That the successors of the commissioners first named in this Act be elected at the regular general election to be held on the first Wednesday in October, 1904, and that the successors of the two commissioners last named shall be elected on the first Wednesday in October, 1906. Said five commissioners shall constitute the board of commissioners for Charlton county. Said commissioners shall be commissioned by the Governor, and shall hold their office for the term prescribed in this Act, and their successors shall hold their office for four years and until their successors are elected and qualified, it being the intention of this Act that the term of office of three of said commissioners shall expire at one time and of two of said commissioners at another. Election 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. Repealing clause. Approved August 6. 1903.

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DADE COUNTY, ACT CREATING BOARD OF COMMISSIONERS REPEALED. No. 266. An Act to repeal an Act entitled an Act to create a board of commissioners of roads and revenues for the county of Dade, and to define its powers and duties, and for other purposes, approved December 22, 1898. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act entitled an Act to create a board of commissioners of roads and revenues for the county of Dade, and to define its powers and duties, and for other purposes, is hereby repealed. Dade county, board of commissioners abolished. Sec. 2. Be it further enacted by the authority aforesaid, That all the duties heretofore exercised by said board of roads and revenues be vested in the ordinary of said county of Dade, and that all books and papers of said board be turned over to the said ordinary. Ordinary. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved July 30, 1903. DOUGLAS COUNTY, BOARD OF COMMISSIONERS, POWERS, ETC. No. 235. An Act to amend an Act creating a board of county commissioners for the county of Douglas, defining their duties, etc., approved December 20, 1900, by providing for the monthly meetings of said board of commissioners for the transaction of county business, by reducing the number of said board from five to three, and by more particularly describing the power, jurisdiction, duty, authority, of said board of commissioners, and for other purposes. Section 1. Be it enacted by the General Assembly of the

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State of Georgia, and it is hereby enacted by authority of the same, That the Act creating a board of commissioners for the county of Douglas and defining their duties, etc., approved December 20, 1900, as above recited, be, and the same is, hereby amended by striking from said Act the whole of section 10 thereof and enacting in lieu of section 10 the following: Section 10. 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; and 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-collectors and receiver's books, and allowing the insolvent lists for said county; in settling all claims against the county, examining and auditing all claims or accounts of offices having the care, management, keeping, collecting or disbursements of money belonging to the county or appropriated for its use and benefit, and bringing such officers to a settlement; in making such rules and regulations for the support of the poor as is consistent with law; in regulating peddling, issuing orders and to have and exercise the usual powers now granted by law to the courts of ordinary when sitting for county purposes, and transacting business of like character; to require all tax fi. fas. that have been issued by mistake or against the wrong parties, or such as are otherwise valueless, to be canceled and filed in the office of the ordinary; to have the proper officers to make up a list of all other fi. fas. for taxes uncollected when they have been allowed the tax-collector as insolvent, such lists when so made up, to be filed in the ordinary's office, subject to the inspection of any citizen of Douglas county; to compel and require the county treasurer to make quarterly returns to them showing the amount collected and from whom, and showing the amounts paid out and to whom, also showing the amount of the different and distinct funds of said county, and said county's total indebtedness, with authority vested in said board to compel such county officers to produce their books to them in auditing and passing on such accounts. Said board of commissioners shall in their discretion require such statements to be made under oath of such officers, and in default of such officers so handling the county's fund to make such showing and returns to said board of commissioners as above provided for, said board of commissioners are hereby vested with authority

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to declare the office of such officer vacant, and to order an election to fill such vacancies as provided by law; to require a like showing and statement from the tax-collector of said county, in default of such showing to be dealt with in like manner as provided above for treasurer, and to further amend said Act by striking out the whole of section 11 thereof and enacting in lieu of said section the following, to wit: Be it further enacted, That said board of commissioners shall meet on the first Tuesday in each month, and at the call of the chairman when the public business so requires. To further amend said Act by striking out all of section 1 of said Act and enacting in lieu thereof the following: Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act there shall be created a board of commissioners for the county of Douglas to consist of three members who shall be citizens of said county, to be elected as other county officers are elected, and to hold their office for two years; provided, that this change shall not go into effect until after the expiration of the term of office of each of the present members of said board as now constituted, so that said Act, when so amended, shall read in its entirety as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act there shall be created a board of commissioners for the county of Douglas to consist of three members who shall be citizens of said county, to be elected as other county officers are elected, and to hold their office for two years; provided, that this change shall not go into effect until after the expiration of the term of office of each of the present members of said board as now constituted. Douglas county, board of commissioners. Powers of Meetings. Commissioners, election and term. Sec. 2. Be it further enacted by the authority aforesaid, That J. T. Duncan, J. P. Watson, Jr., W. H. Hudson, Columbus Blair and T. H. Selman, citizens of said county of Douglas are hereby appointed a board of county commissioners of Douglas county. That the term of office of said commissioners so appointed shall begin on the second day of January, 1901, and expire on the first day of January, 1903, and all other commissioners hereinafter provided for shall be elected as follows: On the first Wednesday in October, 1902 three commissioners shall be elected, and every succeeding election thereafter for a like number of commissioners shall be held every two years on the first Wednesday in October. The term of all commissioners shall begin on the first day of January after their election and expire two years thereafter. Commissioners pro tem.

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Sec. 3. Be it further enacted by the authority aforesaid, That said board of commissioners shall be elected in the same manner as now provided by law for other county officers, except that they shall be elected at the time stated in the second section of this Act. Election of commissioners. Sec. 4. Be it further enacted by the authority aforesaid, That said commissioners shall have the power to elect their clerk or require one of said commissioners to act as clerk, or said commissioners may require the clerk of the superior court to act as ex officio clerk of said board. Said clerk of the board shall receive the same pay for his services as herein provided for each of said commissioners. Clerk. Sec. 5. Be it further enacted by the authority aforesaid, That said board of commissioners shall have the same power and authority to punish for contempt of their court as other courts of said county. Contempt. Sec. 6. Be it further enacted by the authority aforesaid, That any vacancy in said board of commissioners caused by death or otherwise shall be filled by the board or a majority of the commissioners by appointment, and the person thus appointed shall hold his position until the next regular election and qualification of his successor. Vacancies. Sec. 7. Be it further enacted by the authority aforesaid, That all commissioners here provided for shall hold their office until their successors are qualified. Sec. 8. Be it further enacted by the authority aforesaid, That no person shall be competent to serve on said board until he shall have taken the following oath, to wit: You do solemnly swear that you will faithfully discharge the duties of commissioner of the county of Douglas; in all matters which require your official action you will so act as in your judgment will be most conducive to the welfare and prosperity of the county. Oath of commissioners. Sec. 9. Be it further enacted by the authority aforesaid, That three of said board shall constitute a quorum for the transaction of any business. Quorum. Sec. 10. Be it further enacted, That said commissioners shall have exclusive jurisdiction and control over the following matter, 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; and 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 receivers'

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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 care, management, keeping, collecting or disbursements of money belonging to the county or appropriated for its use and benefit, and bringing such officers to a settlement; in making such rules and regulations for the support of the poor as is consistent with law; in regulating peddling, issuing orders and to have and exercise the usual powers now granted by law to the courts of ordinary when sitting for county purposes and transacting business of like character; to require all tax fi. fas. that have been issued by mistake or against the wrong parties, or such as are otherwise valueless, to be canceled and filed in the office of the ordinary; to have the proper officer to make up a list of all other fi. fas. for taxes uncollected when they have been allowed the tax-collector as insolvent, such lists when so made up to be filed in the ordinary's office, subject to the inspection of any citizen of Douglas county; to compel and require the county treasurer to make quarterly reports to them showing the amounts collected and from whom, and showing the amounts paid out, and to whom; also showing the amounts of the different and distinct funds of said county and said county's total indebtedness, with authority vested in said board to compel such county officers to produce their books to them in auditing and passing on such accounts. Said board of commissioners shall in their discretion require such statement to be made under oath of such officers, and in default of such officers so handling the county's funds, to make such showing in return to said board of commissioners as above provided for. Said board of commissioners are hereby vested with authority to declare the office of such officer vacant, and to order an election to fill such vacancies as provided by law; to require a like showing and statement from the tax-collector of said county, and in default of such showing to be dealt with in a like manner as provided above for the treasurer. Powers of commissioners. Sec. 11. Be it further enacted, That said board of commissioners shall meet on the first Tuesday in each month, and at the call of the chairman when public business so requires. Meetings. Sec. 12. Be it further enacted by the authority aforesaid, That all the proceedings of said board shall be recorded in a well bound book to be purchased for them at the expense of the county, and they shall submit the same to the inspection of the grand juries at the regular term of the superior court of said county, as other county officers. Records.

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Sec. 13. Be it further enacted by the authority aforesaid, That the members of said board shall be paid the sum of two dollars per day for the time they are actually sitting for county purposes, and no member thereof shall receive any pay unless he actually serves on the day so charged. Per diem. Sec. 14. Be it further enacted by the authority aforesaid, That J. T. Duncan be, and he is, hereby appointed chairman of the board of commissioners herein appointed, and shall serve from the 1st day of January, 1901, until the 1st of January, 1903, but should be cease to be a member of the board, then a chairman thereof may be selected by a majority of the members; provided, also, that the boards hereinafter to be elected shall select one of their number chairman at their first meeting after the election. Chairman. Sec. 15. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved July 30, 1903. GLASCOCK COUNTY, BOARD OF COMMISSIONERS ABOLISHED. No. 277. An Act to repeal an Act entitled an Act to create an advisory board of commissioners for the counties of Laurens and Glascock, etc., approved February 22, 1873, in so far as it relates to the county of Glascock, and to create a board of commissioners of roads and revenues in the county of Glascock, and for other purposes, approved March 3, 1874, and also to repeal an Act entitled an Act to regulate the pay of the commissioners of roads and revenues for the county of Glascock, approved February 19, 1877; also, to provide that the ordinary of Glascock county shall have charge of county affairs, and shall exercise all the powers and shall discharge all duties heretofore vested in said board of county commissioners; to prescribe the pay of the ordinary for such services, 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 an Act to repeal an Act entitled

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an Act to create an advisory board of commissioners for the counties of Laurens and Glascock, etc., approved February 22, 1873, in so far as it relates to the county of Glascock, and to create a board of commissioners of roads and revenues in the county of Glascock, and for other purposes, approved March 3, 1874; also, an Act entitled an Act to regulate the pay of the commissioners of roads and revenues for the county of Glascock, approved February 19, 1887, be, and the same are, hereby repealed. Glascock county, board of commissioners abolished. Sec. 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the ordinary of Glascock county shall have full charge and control of the county affairs of said county, and shall exercise all the powers and discharge all the duties heretofore vested in the board of commissioners of roads and revenues of Glascock county. Ordinary. Sec. 3. Be it further enacted by the authority aforesaid, That said ordinary shall dispose of county business at his regular court sessions on the first Monday of each month, except in cases of emergency, in which cases he may act in vacation. A record of his act and doing shall be kept. County business. Sec. 4. Be it further enacted by the authority aforesaid, That the compensation of the ordinary for the performance of the duties herein imposed shall be two hundred dollars per annum, and that said ordinary shall make itemized written reports each year of all transactions. Compensation for ordinary. Sec. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 4, 1903. HALL COUNTY, BOARD OF COMMISSIONERS, ELECTION OF. No. 250. An Act to amend an Act to create a board of commissioners of road and revenue in the county of Hall, approved December 23, 1886, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act of the General Assembly entitled an Act to create a board of commissioners of roads and revenues in the county of Hall; to define offices and duties, and for other purposes, approved

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December 23, 1886, be, and the same is, hereby amended as follows: 1. By striking out all of the first section of said Act after the enacting clause and substituting the following: That at the next regular election for members of the General Assembly in said county of Hall, and at each succeeding regular election for members of the General Assembly there shall be elected by the qualified voters of said county two citizens of said county who shall, with the ordinary of said county, constitute a board of commissioners of roads and revenues of said county upon taking the oath hereinafter prescribed. 2. By striking out all of the second section of said Act after the enacting clause and substituting the following: That said members elected as aforesaid shall hold office for the term of two years and until their successors are elected and qualified. That the members of said board now in office shall hold office, the first election and qualification of the members of said board under this Act; provided, their term of office extends to said election; and all vacancies which may occur in said board before said first election or thereafter shall be filled by the grand jury which meets next after the vacancy occurs until the next regular election for members of the General Assembly; provided, the ordinary shall appoint some one to fill said vacancy until the grand jury elects. Hall county, board of commissioners. Election of. Terms of office. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved July 30, 1903. JACKSON COUNTY, BOARD OF COMMISSIONERS, ORGANIZATION, ETC. No. 474. An Act to amend an Act entitled an Act to create a board of commissioners for the county of Jackson; to prescribe their mode of election, to fix their compensation and define their duties and powers, and for other purposes, approved December 18, 1901, so as to change the organization of said board, define the duties of the chairman of the same; to enlarge his powers and duties, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the above recited Act entitled an Act to create a board of county commissioners for the county of Jackson; to prescribe their

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mode of election; to fix their compensation and to define their powers and duties, and for other purposes, approved December 18, 1901, be, and the same is, hereby amended by striking all of section 1 of said Act, after the word Governor in the fifth line of said section, and inserting in lieu of the part stricken the following: Who shall serve and hold their office till the first day of January, 1905, and until their successors are elected and qualified. One of said commissioners shall be designated both in his appointment and his election hereinafter provided for as chairman of said board, and shall be commissioned accordingly. Said commissioners under this Act shall be elected in the same manner as county officers are now elected. The first election to be held under this Act shall be at the regular election for county officers on the first Wednesday in October, 1904, and they shall be elected and commissioned for the term of four years and till their successors are elected and qualified. All succeeding elections shall be at the regular election for county officers on the first Wednesday in October. Any vacancy occurring in said board shall be filled by the grand jury at either term of the superior court of said county, and said appointees shall serve until the succeeding regular election for county officers. Jackson county, commissioners for. Terms of office. Chairman. Election of. Sec. 2. Be it further enacted, That said recited Act be further amended by striking all of section 6 of said Act and inserting in lieu of said section the following: That said board of commissioners shall meet at least once a month in the court-house, at the county site for the transaction of county business, but may meet oftener if deemed necessary by the chairman. At all such meetings two shall constitute a quorum for the transaction of business. The office of said commissioners shall be in the office of the ordinary of Jackson county, or such other room in the court-house as the said commissioners may select, and such office shall be kept open every day in the year, except Sundays and holidays, except in cases of emergencies or for providential causes. The ordinary of Jackson county shall be, by virtue of his office, clerk of said commissioners, and there shall be no other clerk of said board of commissioners except said ordinary, and it shall be said clerk's duty to attend all meetings of the board and to keep a full record of its proceedings and to keep a full record of the proceedings of the chairman of said board while acting alone. The chairman of said board shall collect all the commutative tax of the county and turn the same over to the board, showing from whom and for what cause collected, and said chairman shall be liable on his official bond as

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chairman for the failure to faithfully discharge all his duties as such chairman, and shall give such additional bond for the faithful discharge of such duties as the other commissioners may require, not exceeding the sum of five thousand dollars. The clerk shall receive such compensation for his services as the board may prescribe; provided, his compensation shall not exceed fifteen ($15) dollars per month. Said board shall have authority to summons witnesses and compel their attendance; to administer oaths and take testimony in all matters relating to the business coming before them. In the absence of the sheriff or his deputy, said chairman shall have power to serve summons or other papers relating to said commissioners' duties. Meetings. Office of commissioners. Clerk. Chairman. Clerk. Powers of board. Sec. 3. Be it further enacted, That section 8 of the above recited Act be, and the same is, hereby repealed, and the following enacted in lieu of said section: The chairman of said board of commissioners shall receive a salary of three hundred dollars per annum, which shall be paid monthly, and it shall be the duty of said chairman to devote his entire time, or so much thereof as is needed, to the work under the control and supervision of said board. The other members of said board shall receive the sum of two ($2.00) dollars per day for actual attendance upon the meetings, and all of said members shall be exempt from road, militia and jury duty. The chairman shall have entire control and jurisdiction over all matters pertaining to the county, except establishing and abolishing roads, bridges and ferries, which shall be passed on by the entire board. Said chairman shall also have complete control of the working of the roads of the county, and the selection of the superintendent of the same, as provided in Act creating office of civil engineer, and shall be responsible for the proper management of the same, as well as the disbursements on account of the roads and bridges of said county. But it shall be the duty of said chairman of the commissioners to report to the other members of the board at their monthly meetings a full and detailed report of all his acts and doings during the month, and also to submit to and advise with the other members of the board the work mapped out or intended to be done during the month to come, but he shall have the right to act on his own opinion or judgment if he thinks best. The said board shall submit, through their chairman, to the grand jury at each term of the superior court of said county 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 as they shall deem best and proper. They shall make

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all repairs of public buildings without recommendations of the grand juries. The records of the board shall be open at all times to the inspection of any citizen of the county. Upon the organization of the board under this amended Act, it shall be the duty of the old board to turn over all papers, books, vouchers or other property to the commissioners appointed under this Act, and each outgoing board shall turn over at the expiration of their term of office all records, papers, books and other property of every kind to their successors in office. Said board shall devise a plan by which they can secure the census of each district in said county at least once a year. The clerk shall be provided with a book in which he shell keep the names of the road hands in each district. Salary of chairman. Per diem of members. Powers and duties of chairman. Census. Sec. 4. Be it further enacted, That it shall be the duty of the chairman of the board to give a bond, payable to the ordinary and his successors in office, in the sum of $5,000.00, for the faithful discharge of all the duties of his office. Bond of chairman. Sec. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. MONROE COUNTY, BOARD OF COMMISSIONERS FOR CREATED. No. 289. An Act to provide for a board of commissioners of roads and revenues for the county of Monroe; to provide for their election; to prescribe their powers and duties; to fix their compensation, 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 there shall be a board of commissioners of roads and revenues for the county of Monroe, to consist of five members until January 1, 1905; after January 1, 1905, to consist of three members. Said board to be known as the board of commissioners of roads and revenues for Monroe county. That J. S. Josey and L. J. Sutton, who are at present members of the board of commissioners of roads and revenues for said county, and whose terms of office expire January 1, 1905, and J. O. Holmes and L. O. Hollis and W. A. Thrash, who are members of said board, and whose terms of office do not

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expire until January 1, 1907, shall constitute the board of five members until January 1, 1905; and that J. O. Holmes, L. O. Hollis and W. A. Thrash shall constitute the board from January 1, 1905, to January 1, 1907, or until their successors are appointed and qualified. That the last grand jury to meet in said county prior to January 1, 1907, shall elect three members of said board; one for one year, one for two years and one for three years. That thereafter the last grand jury each year shall elect one member of the board to succeed the member whose term of office expires January 1st next thereafter. In case of a vacancy the first grand jury that meets after the vacancy occurs shall fill it for the unexpired term. After January 1, 1907, the term of office of all the members of said board shall be three years, except where there is a vacancy and an election to fill an unexpired term. No two members of said board shall reside in the same militia district, nor within five miles of each other. Monroe county, board of commissioners for. Election of commissioners. Sec. 2. The said commissioners shall have exclusive jurisdiction over all matters concerning county property, levying county taxes, general and special, establishing and changing militia and election precincts, examining, auditing and allowing all claims drawing warrants upon the treasurer of said county, examining, auditing and procuring prompt and speedy settlement of all officers having care, management and disbursement of any money belonging to the county or appropriated for its use and benefit; in making such rules and regulations for the support and maintenance of the poor of said county as are allowed by law or not inconsistent therewith; in establishing, altering and abolishing all public roads, private ways and bridges, and the enforcement of the road law; in regulating peddling, and fixing the license therefor; in managing the county jail, and to have exclusive jurisdiction of all such county matters as were held and exercised by the inferior court when sitting for county purposes prior to the adoption of the Constitution of 1868. They shall have exclusive authority to draw warrants upon the treasurer of said county. All claims against the county shall be audited by the board and warrants issued for the same, except the per diem of jurors, which may be paid upon the certificate of the proper officers. Powers of board. Sec. 3. Said commissioners shall hold their regular courts the 1st Tuesday in each month at the court-house, and may adjourn from day to day, and may hold one other regular session each month, call sessions whenever public necessity requires

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it, but shall not receive any pay for more than two days in each month. In all their courts they shall have the same power to enforce decorum and punish for contempt of court now exercised by the several ordinaries of this State, and may compel the attendance of witnesses by subp[oelig]na and attachment. It shall be the duty of the constable of Forsyth district, when so required, to attend the sittings of said courts and serve all notices and processes issued by said commissioners, and for such services they shall receive the same compensation as allowed by law for like services in justice courts. Commissioners' court, terms and jurisdiction. Sec. 4. Commissioners shall have published monthly, in a newspaper generally circulated in said county, a synopsis of the proceedings of each meeting of the board, showing plainly the business transacted at each meeting, paying for the same out of the county treasury; provided, same does not cost more than $25.00 per annum. If cost exceed said amount they shall have them published in some other way. Publicity. Sec. 5. Be it further enacted, That on the 1st Tuesday in January, 1904, and on the 1st Tuesday in January after each regular election of county officers, the board shall elect a chairman and a clerk and superintendent of public roads and such other officers as may be necessary for the organization of said board, who shall hold their offices for the term of two years. Officers of board. Sec. 6. Be it further enacted, That said board of commissioners shall have authority to elect as clerk either one of their members, or some other suitable person, and prescribe his duties and fix his compensation, which shall not exceed $300 per annum; said clerk shall enter into a bond with good securities payable to said commissioners and their successors in office, said bond being the sum of $3,000. Said clerk may be removed at any time for cause. Clerk. Sec. 7. Be it further enacted, That a majority of said board shall constitute a quorum, and it shall require an affirmative vote of the majority of the entire said board to pass any order or approve any bill. Quorum. Sec. 8. Be it further enacted, That it shall be the duty of the chairman of said board to preside at the meetings of said board, and to sign all warrants drawn on the treasurer and have a general supervision of the roads and bridges of the county, and such other duties as the board may prescribe, and shall receive as compensation in full, both as chairman and commissioner, the sum of $300. Chairman. Sec. 9. Be it further enacted, That the members of said board, except the chairman, receive $2.00 per day for each regular

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meeting of said board, which shall not exceed two days in each month, and shall receive no other compensation as members of said board as pay for extra services, etc. Per diem of members. Sec. 10. Be it further enacted, That said board may in its discretion elect one of their members, or any citizen of said county, superintendent of the public roads at a salary not to exceed $40.00 per month. Superintendent. Sec. 11. Be it further enacted, That before entering upon the discharge of their duties, the several commissioners herein-before provided for shall take and subscribe to the following oath, to be administered by the ordinary of the county: I do solemnly swear that I will faithfully discharge the duties of commissioner of roads and revenues of Monroe county, and in all matters which require my official actions will so act as in my judgment will be the most conducive to the welfare and prosperity of the entire county. Oath. Sec. 12. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 6, 1903. PULASKI COUNTY, BOARD OF COMMISSIONERS, ELECTION, ETC. No. 258. An Act to amend the Act creating a board of commissioners of roads and revenues in the county of Pulaski, approved December 23, 1896, 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 section 1 of the above recited Act be amended by striking therefrom the words who shall be citizens residing in different militia districts of said county, in lines 4 and 5 of said section, and adding at the end of section 2 the following: At the general election occurring in 1904 the successors to those commissioners whose terms then expire shall be elected as follows: A successor to the commissioner who now resides in the Hawkinsville district, G. M., shall be chosen from the citizens of the said Hawkinsville district, or from Dupree's district; and a successor to the commissioner who now lives in Hartford district shall be chosen from the citizens of

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either the Mitchell's, Hartford or Frazier district; and a successor to the commissioner now residing in the Cochran district from the citizens of the Cochran, Walker's or Trippville district; and that at the general election occurring in 1906 one commissioner shall be chosen for the territory embraced in Whitfields and Blue Springs district, and one from the territory embraced in Salem, Manning and Carey district; and that the successors from time to time shall be chosen, one from the territory embraced in the several groups aforesaid; the object of this amendatory Act being to create five subdivisions of the county of Pulaski, to wit: The first to be composed of Hawkinsville and Dupree districts, G. M.; the second to be composed of Whitfield and Blue Spring districts, G. M., the third to be composed of Mitchell's, Hartford and Frazier district, G. M.; the fourth to be composed of Cochran, Walker's and Trippville districts, G. M.; and the fifth to be composed of Salem, Manning and Carey districts, G. M.; so that each part of the county shall be represented by one commissioner; and that no two commissioners shall come from the same territory. Pulaski county, commissioners for, how elected. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved July 30, 1903. RANDOLPH COUNTY, BOARD OF COMMISSIONERS FOR CREATED. No. 284. An Act to create a board of commissioners of roads and revenues for the county of Randolph, to prescribe the duties and powers thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That at the next regular term of the superior court of Randolph county after the passage of this Act, the grand jury of said county shall elect, by ballot, three discreet and upright citizens, who are resident freeholders of said county, one of whom shall be elected for one year, one for two years and one for three years, and each succeeding grand jury at the fall term of said court shall elect one commissioner who shall hold office for three years unless removed by death, resignation or by recommendation of a majority of the

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grand jury for incompetency, malpractice in office, or until their successors in office are elected and qualified. Randolph county, board of commissioners for. Sec. 2. Be it further enacted, That each of the persons so elected shall, before entering upon the performance of his duties, take and subscribe before the judge of the superior court of said county, or the ordinary of said county, an oath to faithfully perform the duties of commissioners of roads and revenues under this Act and the Constitution and laws of this State, which oath, when taken and signed, shall be recorded in a book of minutes hereinafter required to be kept by the clerk of said board. Oath. Sec. 3. Be it further enacted, That said board of commissioners shall hold their regular meeting on the first Tuesday in each month at the court-house in the city of Cuthbert, said courts beginning on the first Tuesday in December after the term of court, when said commissioners shall have been elected as aforesaid; provided, that the regular place and time of meeting may be changed to some other place or time by orders on their minutes, of which due notice shall be given by publication in the official newspaper of said county, which order shall remain of force until rescinded; and provided further, said commissioners may hold special session at any time they may see fit and proper, or may be called together by a majority of said board for county purposes. Commissioners' court, when held. Sec. 4. Be it further enacted, That said commissioners shall have power to exercise exclusive and original jurisdiction and control in Randolph county over all county matters that are now vested by law in the ordinaries of various counties of the State, so far as relates to roads, bridges, public buildings, property, misdemeanor convicts, management of the county jail and its fees, the control and maintenance of its paupers, assessing and collecting taxes, disbursing public money for county purposes, and the execution of all laws in reference thereto. Powers of commissioners. Sec. 5. Be it further enacted, That a majority of said commissioners shall constitute a quorum to transact business, or exercise any power therein delegated pertaining to the duties of said commissioners. Quorum. Sec. 6. Be it further enacted, That said commissioners, at their first meeting in each year, shall elect one of their number as chairman, whose duty it shall be to preside at all meetings, to approve and sign the minutes of each meeting, and to sign, as chairman, all orders and processes of said commissioners. Chairman Sec. 7. Be it further enacted, That the treasurer of said

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county shall not disburse or pay out any of its funds from the county on any order unless the same shall have been signed by the chairman of said board and the clerk; provided, this shall not apply to jury script, and orders drawn by the judge of the superior court. County funds. how disbursed. Sec. 8. Be it further enacted, The board of commissioners shall elect their own clerk with such pay as the board may allow, and it shall be the duty of said clerk to attend all meetings of the commissioners, and keep in a well bound book, to be provided at the expense of the county, full and accurate records and minutes of all their transactions, to file in order of their date all original orders and other papers, and to arrange and keep in order of their filing all petitions and applications and other papers addressed to said commissioners, and to record in a separate book all orders given or approved by said commissioners for the payment of money by the county treasurer; and all books, files and records by this Act required to be used or kept shall always be open at the county site for inspection of any taxpayer of the county on demand. Clerk. Sec. 9. Be it further enacted, That the commissioners shall at each term of the superior court prepare and submit to the grand jury a complete statement in writing of the condition of the county property, paupers, finances and public roads and buildings, and shall, whenever called upon by the grand jury, furnish full and distinct information concerning the public business of the county. Reports to grand juries. Sec. 10. Be it further enacted, That said commissioners shall be commissioned in the same manner as justices of the peace. Sec. 11. Be it further enacted, That said board of commissioners shall require said clerk before entering upon the discharge of his duties, to take the same oath taken by them and to enter into bond with good security, payable to said commissioners and their successors in office, conditioned to well and truly do and perform the duties of said office, said bond to be in the sum of one thousand dollars. Oath of clerk. Sec. 12. Be it further enacted, That the ordinary of said county of Randolph shall deliver to said commissioners all books and papers relating to the jurisdiction and powers herein conferred upon said commissioners, and said ordinary shall have no power to exercise any of the powers herein conferred upon said commissioners after their election and qualification. Ordinary. Sec. 13. Be it further enacted, That said commissioners shall each receive the same pay as jurors for each day while

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occupied and engaged at the regular and special sessions in transacting business for county purposes, to be paid by the treasurer of the county on an order drawn by order of the board and signed by the chairman and clerk; and said commissioners shall be exempt from road, jury and militia duty, and shall be subject to prosecution for malpractice in office in the same manner as justices of the peace. Perdiem of commissioners. Sec. 14. Be it further enacted, That all vacancies in said board shall be filled by the remaining commissioners until the next meeting of the grand jury, which shall fill out the unexpired term. Vacancies. Sec. 15. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 6, 1903. TATTNALL COUNTY, BOARD OF COMMISSIONERS FOR CREATED. No. 309. An Act to create a board of commissioners of roads and revenues for the county of [Illegible Text], 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. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That a board of commissioners of roads and revenues for the county of Tattnall, to consist of five (5) persons, is hereby created. Said commissioners shall be freeholders and qualified voters of said county, and shall reside in the road district from which they are elected, which districts are to be defined later on in this Act. Tattnall county, commissioners for. Sec. 2. Be it further enacted by the authority aforesaid, That for the purpose of this Act the said county of Tattnall shall be divided into five (5) road districts, to be constituted as follows, to wit: That first road district shall be composed of the fourteen hundred and third (1403), forty-third (43) and fifteen hundred and twenty-first (1521) militia districts. The second road district shall be composed of the thirty-ninth (39), eleven hundred and ninety-second (1192) and the fifteen hundred and thirty-sixth (1536) militia districts.

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The third road district shall be composed of the forty-first (41), and the three hundred and fifty-first militia districts (351). The fourth road district shall be composed of the fortieth (40), thirteen hundred and sixty-sixth (1366) and the thirteen hundred and seventy-sixth (1376) militia districts. The fifth road district shall be composed of the four hundred and first (401) and the fourteen hundred and thirty-second (1432) militia districts. County districts. Sec. 3. Be it further enacted by the authority aforesaid, That C. W. Brazell for the first road district, T. J. Coursey for the second road district, W. T. Mooring for the third road district, G. W. Tippins for the fourth road district, and J. J. Barnard for the fifth road district, be named by this Act as the commissioners of roads and revenues, and that they do qualify as such commissioners as soon as this Act becomes a law; that the term of office of C. W. Brazell and J. J. Barnard expires on January 1, 1905, and that the term of office of T. J. Coursey, W. T. Mooring and G. W. Tippins expire on January 1, 1907. They shall serve until their successors are elected and qualified. Commissioners pro tem. Sec. 4. Be it further enacted by the authority aforesaid, That at the October election, 1904, the successors of C. W. Brazell and J. J. Barnard be elected by the popular vote of Tattnall county; that at the October election, 1906, the successors of W. T. Mooring, G. W. Tippins and T. J. Coursey be elected by the popular vote of Tattnall county. That each commissioner shall qualify the January after he is elected, and shall serve a term of four years, and until his successor is elected and qualified. That this manner of electing one commissioner west of the Ohoopee river and one of east of said river at the October election, 1904, and providing that they shall qualify the January after their election, and serving four years; and the manner of electing one commissioner west of the Ohoopee river and two east of said river at the October election, 1906, and providing that they shall qualify the January after their election, and serving four years, shall be the manner of electing said commissioners so long as this law is of force. Election of commissioners. Sec. 5. Be it further enacted by the authority aforesaid, That in the election of said commissioners, one for each road district is hereby prescribed; they shall each be elected by the qualified voters of the entire county, and not by qualified voters of one road district. Electors. Sec. 6. Be it further enacted by the authority aforesaid, That members of the board of commissioners herein created

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shall receive as their compensation three 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 the clerk of said board, whose duty 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 two hundred and fifty dollars per year. Said clerk shall not be a member of said board of commissioners. The said commissioners shall, at their first meeting, elect a chairman of said board from their own membership, fix his term and prescribe his duties. Said commissioners shall give bond in the sum of five hundred 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 successors 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 of commissioners. Clerk. Chairman. Oath. Sec. 7. Be it further enacted by the authority aforesaid, 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, according to law; establishing, abolishing or changing election precincts or militia districts; in supervising tax-collectors' and tax-receivers' books, and allowing the insolvent lists of said county; in settling all claims against the county; examining and auditing all claims and 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 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 officers of said county where election is not otherwise provided for by law, such as superintendent and guards of convicts or of chain-gangs, janitor of court-house, superintendent of the pauper farm, county physician and health officer, and other guards as needed and authorized by law; in

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regulating peddling, and to have and to exercise all the powers before 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. Powers of commissioners. Sec. 8. Be it further enacted by the authority aforesaid, That said board shall have the entire control and management of the convicts of said county sentenced to work on the public roads of said county, and may employ them on the public roads and bridges or works of said county. Said board shall have the right and power to hire, work and control on the public works of said county such convicts from other counties of Georgia as may be necessary in carrying on said public works in said county. Chain-gang. Sec. 9. Be it further enacted by the authority aforesaid, That said board shall hold at least one session on the first Monday in each 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 at any time may call an extra session, within notice of such shall be served on each member. No less than three members of said board shall pass any 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. Meetings. Sec. 10. Be it further enacted by the authority aforesaid, That any vacancies that may occur in said board by death, resignation, removal or otherwise shall be filled at a special election called by the ordinary after thirty days' notice thereof in the public gazette of the county, and to be held under the same laws and regulations as the regular October State elections, 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. 11. Be it further enacted by the authority aforesaid, That the members of the board of commissioners shall be exempt from jury duty during their term of office. Exemptions. Sec. 12. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 7, 1903.

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TWIGGS COUNTY, BOARD OF COMMISSIONERS, ELECTION, ETC. No. 395. An Act to amend an Act to create a board of commissioners of roads and revenues for the county of Twiggs and to define their powers and duties, and for other purposes, approved December 5, 1898, by striking from said section second, which prescribed the manner in which and the time of election and the term for which said commissioners shall be elected, of said Act, all the words after the enacting clause, and before the words any vacancy, in the tenth line, and substituting in lieu thereof the following words: That at the election for county officers on the first Wednesday in October, 1904, commissioners shall be elected as follows: Two for a term of two years, two for a term of four years and one for a term of six years, and thereafter at the election for county officers, two commissioners or one commissioner, as may be, shall be elected for six years, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act section 2 of the Act approved December 5, 1898, which Act is fully described in the title thereof, be, and the same is, hereby amended by striking from said section all of the words after the enacting clause and before the words any vacancy, in the tenth line, and substituting in lieu thereof the following words: That at the election for county officers, on the first Wednesday in October, 1904, commissioners shall be elected as follows: Two for a term of two years, two for a term of four years, one for a term of six years, so that said section when amended shall read as follows: that at the election for county officers for said county, on the first Wednesday in October, 1904, commissioners shall be elected as follows: Two for two years, two for four years and one for six years. Any vacancy occurring in said board hereby created, or any subsequent board, shall be filled by election by the majority of the remaining commissioners, and the person or persons thus chosen shall hold his office for the unexpired term of the commissioners whose vacancy he fills. And no person shall be eligible for

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the office under this Act who has not been a resident citizen of said county at least one year next preceding his election or appointment. Twiggs county, commissioners. Election of. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 14, 1903. WALTON COUNTY, BOARD OF COMMISSIONERS ABOLISHED. No. 286. An Act to repeal an Act entitled an Act to create a board of commissioners of roads and revenues for the county of Walton; to define the number of commissioners on said board, and to fix their duties according to the law regulating the authority and supervision of such commissioners over county matters as now provided, said Act approved December 3, 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 from and after the first day of January, 1904, an Act entitled an Act to create a board of commissioners of roads and revenues for the county of Walton; to define the number of commissioners on said board, and to fix their duties according to the law regulating the authority and supervision of such commissioners over county matters as now provided, said Act approved December 3, 1896, be, and the same is, hereby repealed. Walton county, board of commissioners abolished. Sec. 2. Be it further enacted by the authority aforesaid, That the ordinary of said county shall be vested with all the powers now exercised by law for said board of commissioners of said county over county matters, so far as relates to roads, bridges, public buildings, property, management of the county jail, and its fees; the control of and maintenance of paupers; assessing and [Illegible Text] taxes, disbursing public money for county purposes, and the execution of all laws in reference thereto, and so far as the same relates to all other matters over which the ordinary had jurisdiction at the time of the creation of said board of commissioners. Ordinary.

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Sec. 3. Be it further enacted by the authority aforesaid, That it shall be the duty of said board of commissioners to deliver to the ordinary all books, papers and property belonging to the county, or relating to the jurisdiction and powers herein conferred, together with a complete and correct inventory of the same, showing the correct financial status of the county. Books of commissioners. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 6, 1903. WILKES COUNTY, BOARD ABOLISHED, A COMMISSIONER INSTEAD. No. 217. An Act to abolish the board of county commissioners of roads and revenues and public property for the county of Wilkes, created by an Act of the General Assembly, approved December 13, 1893; and to repeal said Act; to create the office of commissioner of roads and revenue for Wilkes county, provide the method of electing such officer, prescribe his duties and powers, fix his salary and term of office, provide for the management of county affairs in the interim, 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 board of county commissioners of roads and revenues and public property for the county of Wilkes, created by the Act of the General Assembly, approved December 13, 1893, be, and the same is, hereby abolished, and said Act creating the same is hereby repealed. Wilkes county, board of commissioners abolished. Sec. 2. Be it further enacted, That the office of commissioner of roads and revenues for the county of Wilkes is hereby created, and that immediately upon the passage of this Act the Governor shall appoint some one to fill said office of commissioner of roads and revenues. The officer so appointed shall, upon qualification as hereinafter prescribed, enter immediately upon the discharge of his duties and shall hold office until January 1, 1905, or until his successor is elected and qualified. Persons eligible to hold other county offices shall be eligible to hold this office. The successor of said commissioner shall be elected at the regular election to be

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held for State and county officers on the first Wednesday in October, 1904, and biennially thereafter in the same manner as other county officers are elected, and the commissioner so elected at said regular election shall, after qualification, enter upon the discharge of his duties on the first of January next ensuing thereafter, and shall hold office for the term of two (2) years and until his successor is elected and qualified. Should a vacancy occur in said office the same shall be filled by special election, called and held in the same manner and be governed by the same rules, regulations and qualifications as to voters as apply to elections for State and county officers. In the interim, the ordinary of said county shall perform all the duties of said office. A commissioner, appointment, election. Sec. 3. Be it further enacted, That the commissioner elected as herein provided shall be commissioned by the Governor of this State for the term of office for which he is elected, and before entering upon the discharge of the duties of said office shall subscribe to the oath now required by the law of county officers, and shall also give a solvent bond to be approved by the ordinary of said county, payable to the Governor of said State and his successors in office, in the sum of three thousand dollars, conditioned for the faithful performance of his duties as such commissioner. Bond. Sec. 4. Be it further enacted, That said commissioner shall have exclusive jurisdiction over all county matters and shall be invested with all the powers and duties as to the revenues of Wilkes county, in levying and collecting taxes and other revenues of the county and in disposing of said taxes and revenues which have been heretofore legally exercised by said board of county commissioners of roads and revenues and public property for said county. He shall have exclusive jurisdiction and control over all county property and all roads and bridges in the county, and shall be charged with the duty of maintaining and keeping the same in proper condition, and shall be invested with all the powers and charged with all the duties required of county authorities and prescribed by law in reference thereto. He shall have exclusive jurisdiction over all subject-matters enumerated in section 4238 of the Civil Code of this State, and shall be vested with all other powers and duties conferred by the laws of this State upon ordinaries, when sitting for county purposes, and such as are conferred generally upon county authorities. Powers. Sec. 5. Be it further enacted, That said commissioner shall hold a regular court for the transaction of the public business of the county connected with county matters in the court-house in said county, on the first Tuesday in each month, or at such other times as he may fix and determine by proper order passed

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and entered upon his minutes. He shall keep or have kept accurate minutes of all county matters transacted by him, and shall have kept proper and correct books of account of all public moneys expended under his direction. He shall have power to administer oaths and hear testimony as to all matters over which he has jurisdiction, and when sitting as a court shall have power to punish for contempt under the same rules and regulations as are provided for other courts. Commissioners court. Sec. 6. Be it further enacted, That said commissioner shall receive for his compensation, to be paid out of the county treasury, a salary of nine hundred ($900.00) dollars per annum for his services. He is authorized to employ a clerk to keep his minutes and books, and to pay such clerk such salary as he may fix, not to exceed $300 per annum. He is authorized to employ a superintendent of roads and bridges who understands drainage and road building, and such overseers or other employees for the purpose of working and maintaining the roads and public property of the county as he shall deem necessary and for the best interests of the county, and shall have the right to fix the compensation of such agent and employees at such reasonable sum as he may think proper, except as otherwise prescribed by law. Salary. Clerk. Superintendent and overseers. Sec. 7. Be it further enacted, That said commissioner shall make a report to the grand jury at each session of court, and shall accompany the same with an itemized statement of his receipts and expenditures, and the vouchers therefor. Reports to grand juries. Sec. 8. Be it enacted, That all duties heretofore imposed upon the board of commissioners of roads and revenues and public property for said county, and all powers and privileges granted to said board, shall be, and the same are, hereby conferred upon said commissioner. Powers and duties. Sec. 9. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved July 16, 1903.

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BROOKS COUNTY, LICENSE FEE FOR RETAILING LIQUOR. No. 216. An Act fixing the license fee for retailing or vending spirituous, intoxicating or malt liquors in Brooks county at twelve thousand dollars, and to provide a penalty for violating 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 and after the passage of this Act the annual license fee to retail or vend spirituous, intoxicating or malt liquors in any quantity in the county of Brooks, in this State, or in the incorporated cities, towns or villages in said county, shall be twelve thousand dollars. Brooks county, license fee to retail liquor. Sec. 2. Be it further enacted by the authority aforesaid, That neither the county authorities in the county of Brooks, nor the municipal authorities of any incorporated city, town or village in said county of Brooks, shall grant or issue license to any person to retail or vend spirituous, intoxicating or malt liquors in any quantity anywhere in said county of Brooks, until the person applying for said license shall have paid into the county treasury said license fee of twelve thousand dollars, and shall have given bond and taken the oath required by law for retailers of spirituous liquors, and shall have otherwise complied with the general law in reference to the retailing or vending of such liquors; and any license granted or issued without the payment of said twelve thousand dollars and without a full compliance with the requirements of this Act and the general law shall be null and void. Terms of license. Sec. 3. Be it further enacted by the authority aforesaid, That the words spirituous, intoxicating or malt liquors, as used in this Act, shall be construed to mean and embrace all and every kind of distilled spirits, malt liquors, wines, beers, ciders and drinks which, if drank to excess, will produce intoxication. Intoxicants. Sec. 4. Be it further enacted by the authority aforesaid, That it shall be unlawful for any person, by himself or agent, either directly or indirectly, to sell, barter, exchange, furnish or supply spirituous, intoxicating or malt liquors in any quantity in said county of Brooks for a valuable consideration, or to give away any such liquors for the purpose of inducing trade, without

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first paying said annual license fee and obtaining said license. Selling without license. Sec. 5. Be it further enacted by the authority aforesaid, That nothing in this Act shall be construed to authorize the granting or issuing of any license to retail or vend spirituous, intoxicating or malt liquors in said county, or in any incorporated city, town or village thereof, so long as the law now absolutely prohibiting the sale of such liquors in said county is in force. Prohibition. Sec. 6. Be it further enacted by the authority aforesaid, That nothing in this Act shall be construed to prevent the sale or to require said annual license fee for the sale of domestic wines or ciders made in said county, or for the sale of wines for sacramental purposes. Sale of wines and ciders. Sec. 7. Be it further enacted by the authority aforesaid, That any person violating the provisions of this Act shall be guilty of a misdemenaor, and on conviction thereof shall be punished as prescribed in section 1039 of volume III. of the Code of 1895. Violations of this Act, misdemeanors. Sec. 8. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved July 14, 1903. BUENA VISTA DISPENSARY, ACT CREATING AMENDED. No. 366. An Act to amend an Act creating a dispensary of liquors in the town of Buena Vista, approved December 13, 1900, by providing for an equitable division of the net profits between the town of Buena Vista and Marion county, and by providing for a different method of appointing the dispensary commissioners, 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 entitled an Act to prohibit the sale of spirituous, vinous and malt liquors and intoxicating bitters and ciders in the county of Marion, etc., approved December 13, 1900, be amended by striking out all of section two (2) of said Act and substituting therefor the following: Be it further enacted by the authority

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aforesaid, That there shall be a board of dispensary commissioners composed of five members and appointed as follows: Three to be elected by the mayor and city council of the town of Buena Vista, and two to be elected by the board of commissioners of roads and revenues of Marion county. The term of office of said commissioners shall be two years, and when so appointed, and their successors in office, they shall constitute a body corporate under the name of The Dispensary Commission of Buena Vista, Georgia, and they are hereby incorporated as such, and as such shall have power to sue and be sued, contract and be contracted with, plead and implead in all the courts of this State, to buy spirituous, vinous, malt and other intoxicating liquors and ciders and other supplies for said dispensary. If at any time there should occur a vacancy or vacancies in the office of commissioner, then such vacancy or vacancies shall be filled as hereinbefore provided. Buena Vista Dispensary commissioners. Sec. 2. Be it further enacted, That section one (1) of this Act shall not affect the tenure of office of the present dispensary commissioners, but they shall serve out the terms for which they were elected, and their successors shall be elected as hereinbefore provided. Sec. 3. Be it further enacted, That in order to expedite the purposes of this Act, R. R. Hogg and John A. Benson are by this Act appointed dispensary commissioners upon the part of the county, whose terms of office shall expire October 1, 1905, and October 1, 1906, respectively. Their successors shall be elected by the board of commissioners of roads and revenues of Marion county as hereinbefore provided. Commissioners appointed. Sec. 4. Be it further enacted, That the three commissioners now holding office and the two appointed by section 3 of this Act shall meet on the first of September, 1904, after the passage of this Act, and after subscribing to the oath as prescribed in section sixteen (16) of the original Act, shall perfect an organization by electing one of their number chairman and one secretary, whose duties shall be those usually appertaining to such offices. The commission thus organized shall from that date run the dispensary as hereinafter provided. Organization. Sec. 5. Be it further enacted, That said Act shall be amended by striking out section four (4) and substitution therefor the following: Be it further enacted, That the commissioners of the dispensary shall purchase, and at all times keep under their supervision, a stock of spirituous, vinous and malt liquors in such quantity as they deem best. The manager shall sell only for cash, and shall turn over all moneys received by him to the treasurer of the city of Buena Vista at the close of each day, who shall receipt him for the

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same, and said receipts at the end of each week shall be turned over to the secretary of the commissioners for inspection and safe-keeping. The treasurer of the town of Buena Vista shall keep all such moneys separate from the general funds of the treasury of Buena Vista. He shall keep a special account with the manager of the dispensary, which shall be open at any time to inspection by the commissioners or the city council of Buena Vista in formal session, or the board of commissioners of Marion county in formal session. All bills incurred for the establishment and maintenance of the dispensary and purchase of stock from time to time shall be paid by the treasurer of the town of Buena Vista upon the presentation of such bill, approved in writing by a majority of the commissioners, from the dispensary funds and no other. It shall be the duty of the dispensary commissioners to meet on or about the first of each month and carefully inspect the operations of the dispensary. At these monthly meetings the treasurer of Buena Vista shall submit an itemized statement of all moneys received and paid out by him and of the balance on hand. Whenever such report shows that all the debts of the dispensary have been paid, and that there is a net balance on hand, then the commissioners shall draw their warrant against the treasurer of the town of Buena Vista in favor of the treasurer of Marion county for one half of such balance, which sum shall go to the general funds of the county. At the same time the commissioners shall in like manner pay to the city council of Buena Vista the remaining half of such balance. Dispensary, management of. Sec. 6. Be it further enacted, That immediately upon qualifying and organizing as hereinbefore provided, the dispensary commissioners shall take an inventory of all the stock of wines and liquors in the dispensary at wholesale net cost prices, and also of all the furniture and fixtures of said dispensary, which inventory shall be reported in detail to the mayor and council of Buena Vista and to the board of commissioners of Marion county. Such amount thus reported shall be a debt of the dispensary commissioners to the city council of Buena Vista, and all of the gross receipts arising from the dispensary after such inventory is taken, except actual current expenses, shall go to the liquidation of said debt. After this liquidation is made, the net profits shall be divided equally between the town of Buena Vista and Marion county, as hereinbefore provided. Stock, inventory of Sec. 7. Be it further enacted, That said Act shall be also amended by striking out all of section eleven (11). Sec. 8. Be it further enacted, That said Act shall be further amended by striking out section twelve (12), and substituting in

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lieu thereof the following: Be it further enacted, That the dispensary commissioners shall make quarterly reports to the mayor and city council of Buena Vista and to the board of commissioners of roads and revenues of Marion county, showing the amount of stock on hand and also the net profit of the quarter preceding the report. Reports. Sec. 9. Be it further enacted, That the said Act shall be further amended by striking out section 15 and substituting therefor the following: Be it further enacted, That the dispensary commissioners shall be paid for their services two dollars per day, provided that the total amount shall not exceed twenty-five dollars during any one year. Per diem. Sec. 10. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903. COFFEE COUNTY, DISPENSARIES FOR ESTABLISHED. No. 220. An Act to establish dispensaries for Coffee county for the sale of spirituous, vinous and malt liquors, and create a board of managers for the same, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the county commissioners of Coffee county, with the mayor and council of the city of Douglas, in Coffee county, shall constitute a dispensary commission for said city of Douglas. The county commissioners may establish other dispensaries in said county in any other incorporated town of not less than four hundred inhabitants, and where said dispensary is established by said county commissioners the mayor and council of said incorporated town, with said county commissioners, shall constitute a board of managers for the same. They shall keep for sale in said dispensary or dispensaries spirituous, vinous and malt liquors; they shall have general supervision and control of the dispensaries and see that the law relative thereto is enforced. The commissioners shall publish a report semi-annually, all expense incurred, stock purchased and on hand, and profit arising therefrom. Coffee county, dispensaries for. Sec. 2. Be it further enacted by the authority aforesaid, That said commissioners shall purchase a sufficient stock of spirituous,

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vinous and malt liquors and place the same for sale in said dispensaries. They shall not allow any liquors sold in said dispensaries unless the same has been analyzed by the State Chemist, or by some reputable chemist, with his certificate attached thereto. No chemical-made or rectified liquor shall be sold by said commissioners in any of said dispensaries, and said liquors shall be sold only in unbroken packages of not less than one pint for malt liquor and one half pint for spirituous or vinous liquors, and no package shall be broken in said dispensaries or the contents drank therein. Stock. Sec. 3. Be it further enacted, That said commissioners shall appoint a vendor for each dispensary they may establish under the provisions of this Act, at a salary of not less than $50.00 per month or more than $85.00 per month, who shall be a citizen of Coffee county and not less than twenty-four years of age, of a sober and good moral character. Said vendor shall give to said commissioners a bond with good security in the sum of $5,000.00 for the faithful performance of the duties as vendor. Said commissioners shall have the right to fine or remove the vendor at any time for neglect or failure upon his part to perform the duties as required by this Act. The vendor shall subscribe to the following oath: I (A B) do solemnly swear that I will perform the duties as vendor in said dispensary; that I will not sell or give to any minor any intoxicating liquor; that I will not sell or give to any habitual drunkard or intoxicated person any spirituous or intoxicating liquors; that I will not sell to any person whom I may receive written notice not to sell from any parent or relative; that I shall faithfully perform all the duties required of me as vendor to the best of my ability, so help me God. And said oath shall be entered upon the minutes of the said county commissioners of Coffee county. Vendor. Sec. 4. Be it further enacted, That said dispensaries shall be kept open from sunrise to sunset on all days except Sunday and all other days which by law require all places where liquor is sold to be closed. The vendors shall allow no one to enter said dispensaries after the closing hour, or any package or parcel to be taken therefrom, except by written consent of not less than three of the commissioners, and for medicinal purposes only. Regulations. Sec. 5. Be it further enacted, That the said vendors shall keep in a book a record of stock on hand and of all sales made daily and to whom made and of stock received. Said vendors shall make weekly statements to said commissioners of each day's sales, and shall pay to said commissioners all the proceeds from said sales made. All sales shall be for cash. Said vendors shall keep on file the receipts therefrom, and also keep on file duplicate bills of

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all stock purchased by said commissioners, and they shall not allow any person or persons to loiter in or about said dispensaries, and no person shall be allowed to break or open any package purchased from the vendor, and no one shall be allowed to drink any spirituous, vinous or malt liquors in said dispensaries. Failure to enforce this shall subject the vendors to removal or fine, not to exceed $100 for each offense, said fine to be paid into the county treasury. Regulations. Sec. 6. Be it further enacted, That said commissioners shall pay one half of all the profits of said dispensaries into the county treasury, the other half to be paid into the city or town treasury where said dispensary is located. Profits. Sec. 7. Be it further enacted, That said commissioners shall have placed over the door of each dispensary they may establish a sign, as follows: Public Dispensary. No other article except liquor, and that in the manner herein prescribed, shall be allowed sold from said dispensaries or carried in stock of the same. Signs. Sec. 8. Be it further enacted, That no spirituous, vinous or malt liquors shall be sold within the borders of Coffee county except from said dispensaries, and in the manner herein prescribed by this Act, and any person selling spirituous, vinous or malt liquors in said county shall be guilty of a misdemeanor, and shall be punished as prescribed by section 1039 of the Code of 1895; provided, this section does not apply to the vendors appointed by said commissioners. Other sales. Sec. 9. Be it further enacted that this Act shall in no way interfere with the general law of this State relative to the sale of domestic wines. Domestic wines. Sec. 10. Be it further enacted, That the ordinary of Coffee county shall call an election, not later than thirty days after the approval of this Act, in which all legal qualified voters of said county shall be entitled to vote, and on the ballot of each qualified voter there shall be printed For dispensaries, or Against dispensaries. And if a majority of the votes cast are in favor of the dispensaries, then the commissioners shall at once proceed to establish the same. Election for dispensaries. Sec. 11. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved July 16, 1903.

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COLQUITT DISPENSARY, ACT CREATING AMENDED. No. 414. An Act to amend an Act entitled an Act to establish and maintain and regulate a dispensary in the town of Colquitt in the county of Miller, 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, approved December 1, 1902. 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, W. C. Dancer, ordinary of said county (and his successors hereafter), G. P. Springler for the 26th district of said county, Dr. G. O. Lofton for the 12th district of said county, and J. W. Bailey for the 13th district of said county, 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, wines, cider and other intoxicants; and who shall serve until the regular election for county and State officers is held and their successors are elected and qualified. The ordinary of said county and his successors thereafter shall be made chairman of the board. Colquitt dispensary, commissioners for incorporated. Sec. 2. Be it further enacted by the authority aforesaid, That W. C. Dancer, ordinary of the county of Miller (and his successors thereafter), shall be the chairman of the said board, and then appointed commissioners from each district shall have the right to elect one dispensary commissioner at the regular State and county elections. Chairman. Sec. 3. 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 secretary and treasurer, requiring good and sufficient bonds from the said secretary and treasurer, to be approved by the board. Said board of commissioners shall have power to sue and be sued, plead and be impleaded in all courts 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. Organization. Sec. 4. 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 Colquitt, within the corporate limits, a dispensary for the sale of ardent spirits, malt liquor, wine, cider and other intoxicants. They shall on the day

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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 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. Management. Sec. 5. 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. Bond of manager. Sec. 6. 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 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 the majority of said board of commisioners. 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. Sec. 7. Be it further enacted by the authority aforesaid, That said dispensary commissioners shall make from time to time such rules and regulations for the operation of said dispensary not in conflict with the provisions of this Act. The quantity of liquor to be sold to any one purchaser, at any one time, not to exceed one gallon, and in no event shall liquor be furnished in quantities less than one half pint, and none shall be drank in the building or on the premises where said dispensary is located. Said dispensary shall not be opened until 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 the said board of commissioners not in conflict with the laws of this State. Regulations. Sec. 8. Be it further enacted by the authority aforesaid, That

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said commissioners, when they see fit, may have said liquors tested or analyzed by competent authority. Sec. 9. Be it further enacted by the authority aforesaid, That said commissioners shall receive fifty 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 of commissioners and officers. Sec. 10. Be it 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. Sec. 11. 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. Property, purchase of. Sec. 12. Be it further enacted by the authority aforesaid, That the board of commissioners shall make at least monthly inspection of all books, invoices and stocks of said dispensary. Inspections. Sec. 13. Be it further enacted by the authority aforesaid, That the net proceeds after maintaining and paying all expenses of said dispensary, and after settlement with the old board, the town shall receive one half of the net proceeds after paying all expenses, and the balance of the net proceeds shall be turned over by the treasurer to the ordinary of said county and his successors thereafter in office, who is chairman of said board, which fund shall be reserved by said ordinary and his successors in office, and shall not be available in three years (1906), to be kept, together with other funds, for the purpose of building a court-house in said town and county, and shall not be used for anything else except for the building of such court-house. The retiring board shall settle with the new board of all affairs of the commission immediately after the passage of this Act. Profits. Sec. 14. 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 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. 15. 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 wilfully violate any of his duties and the duties imposed by this Act, or if any person shall violate the provisions of this Act, the same shall be a misdemeanor under the laws of this State. Violations of this Act misdemeanors. Sec. 16. 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. These packages shall be

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sealed and labeled with such label as to show the kind of goods and the price of each package, and it shall not be disposed of except when sealed. It shall be sealed and labeled before turned over to the dispensary manager. He shall not keep any broken packages in said dispensary, and whenever an original package is broken, it shall at once be bottled, sealed and labeled. 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. Sales, how made. Sec. 17. 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's court in said town, be punished as by the oridnances of said town. Loiterers. Sec. 18. 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 to provide suitable penalties for the violations of any of the provisions. Municipal rules. Sec. 19. 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. Amusements. Sec. 20. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 18, 1903. HART COUNTY, MANUFACTURE OF LIQUOR IN PROHIBITED. No. 252. An Act to prohibit the manufacture of distilled spirits within the county of Hart in this State, prescribe a penalty for any violation of the provisions of this Act, 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 for any person or persons to manufacture distilled spirits in the county of Hart, State of Georgia. Hart county, manufacture of liquor in. Sec. 2. Any person or persons violating the provisions of this Act shall be guilty of a misdemeanor, and on conviction thereof

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shall be punished as prescribed in section 1039, volume 3 of the Code of 1895, provided the Act shall not apply to the manufacture of domestic wines. A misdemeanor. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved July 30, 1903. HOGANSVILLE DISPENSARY, ACT ESTABLISHING AMENDED. No. 445. An Act to amend the Act establishing a dispensary in the town of Hogansville, Troup county, Georgia, approved December 2, 1901. Section 1. Be it enacted by the General Assembly of the State of Georgia, That section eleven (11) of the above recited Act be, and the same is, hereby repealed, and the following substituted in lien thereof: Section 11. Be it further enacted, That said board of commissioners may make such rules and regulations from time to time, not in conflict with this Act or the laws of the State, as may seem expedient for the conduct of the dispensary, always looking to the peace, good order and morals of the town, and in addition to any regulations made by them and superior to same the following rules are hereby created: All wines, liquors, cider and other intoxicants, including alcohol, shall be purchased from responsible and reputable persons or firms, and with the distinct understanding that they shall be of the quality and proof represented, and subject to inspection and analysis, and if not found as represented they shall be returned at the expense of the seller. Hogansville dispensary, regulations. Second. No package of liquor or other intoxicant shall be broken or opened in the selesroom of the dispensary, and only in the presence of one or more of the commissioners or some one (other than the manager or salesman) authorized by them, and after drawing off what is needed the same shall be resealed immediately. It shall be bottled or put up in such size packages or jugs as may be required by the manager, and each package sealed, labeled with the kind and selling price printed

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on the label. The manager shall give his receipt for the number of packages, kind and selling price of each that is delivered to him for sale, and the same shall be a charge to be accounted for by him and the sureties on his bond. In case of fine liquors and beer they may be ordered already bottled, and they shall be receipted for by the manager as above prescribed. Sales, how made. Third. The manager shall not sell to any one person in one day more than 4[frac34] gallons of liquor or alcohol, nor more than one case or cask of beer. Quantity. Fourth. No seal shall be broken or bottle or package opened in the salesroom of the dispensary, or any drinking allowed on or about the premises, and the council shall by suitable ordinance provide for the punishment of all violations of this rule. Drinking in dispensary. Fifth. Said dispensary shall not open earlier than 6 a.m. or close later than 6 p.m., and no sale shall be made or package delivered from said dispensary after or before said hours except to a physician or upon a physician's certificate, which must be filed by the manager as his voucher for said sale, after hours. Said dispensary shall be closed on Sunday and all election days, and at such other times as the board or council may direct. Rules. Sixth. No person or persons shall loiter or congregate in or about the dispensary, and the manager is hereby constituted as a police officer, with power to arrest all persons violating any of these rules. Loiterers. Approved August 17, 1903. IRWIN COUNTY, DISPENSARIES IN CITIES AND TOWNS AUTHORIZED. No. 461. An Act to prohibit the sale of spirituous, vinous and malt liquors and intoxicating bitters and ciders in the county of Irwin, except as in this Act provided; to regulate and control the sale thereof through the medium of dispensaries, one to be located in the city of Ocilla and one also in each of the several incorporated towns and cities in said county on the recommendation of the municipal authorities of said towns and cities; to establish and perpetuate a board of commissioners for the management of such dispensaries and to prescribe their duties and powers, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia,

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and it is hereby enacted by the authority of the same, That from and after the first day of January, 1904, that it shall not be lawful to sell within the county of Irwin any spirituous, vinous or malt liquor and intoxicating bitters and ciders, except as provided for 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, imprisonment not to exceed six months, to work in chaingang on the public works, or on such other work as the county authorities may employ the chain-gang, not to exceed twelve months, and any one or more of these punishments in the discretion of the judge. No municipal authorities of any city or town in said county of Irwin shall have authority, after the passage of this Act to grant or renew any license for the sale of spirituous, vinous or malt liquors and intoxicating bitters and ciders. Irwin county, sale of liquor in, prohibited. Sec. 2. Be it further enacted by the authority aforesaid, That the persons now holding the position of commissioners of roads and revenues of Irwin, and their successors, shall be known as the dispensary commissioners in and for the said county of Irwin; and the same are hereby constituted a body corporate under the name and style of dispensary commissioners of Irwin county, Georgia, for the purpose of establishing and operating a dispensary or dispensaries in said county for the sale of spirituous, vinous or malt liquors and intoxicating bitters and ciders. Said commissioners shall have power to elect from their number or board a chairman and a chairman pro tem. (who shall preside at all meetings of said board), a secretary and a treasurer of said commissioners; to sue and be sued; to plead and be impleaded in all courts of this State; to have and use a corporate seal; to rent, lease or otherwise acquire any and all necessary property, both real and personal, for the successful operation of the said dispensaries; to make all necessary bylaws and rules for the government of said dispensaries not in conflict with this Act nor the laws of Georgia, and to pledge the credit of said board of commissioners as dispensary commissioners in buying and maintaining a stock of merchandise for said dispensaries. Dispensary commissioners incorporated. Sec. 3. Be it further enacted by the authority aforesaid, That the dispensary commissioners provided for in this Act shall have the power to appoint a manager or managers for said dispensary or dispensaries, and as many clerks or salesmen as they may see proper to employ, all of whom shall be of good moral character and sober habits, and such other persons or employees as they may deem necessary; to provide an oath to be taken and subscribed by each of such officers and employees for said dispensary or dispensaries; to fix the amount of each bond and approve the security or securities given on the same by each of such officers and employees for the faithful performance of their duties, respectively; to fix and prescribe the salary and compensation to be paid each and every officer and employee of said dispensary or dispensaries; provided, the same shall not be dependent upon the amount of his or their

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sales or the receipts or income of said dispensary or dispensaries but the same shall be a fixed sum per annum, per month or per day; to prescribe and fix the duties of each of such officers and employees; to discharge any officer or employee for any cause deemed sufficient by them or for the violation of any of the terms of this Act or of the laws of this State governing the regulation of the sale of liquors therein, and without the liability of any further compensation to such person or persons so discharged. Mana gers, clerks and employees Sec. 4. Be it further enacted by the authority aforesaid, That the dispensary commissioners provided for in this Act shall maintain at some suitable and convenient point in the city of Ocilla, Georgia, to be selected and designated by the municipal authorities therein, a dispensary for the sale of spirituous, vinous and malt liquors and intoxicating bitters and ciders. They shall also establish a dispensary in each incorporated town and city in the county of Irwin whenever they may be officially advised that the municipal authorities of any town or city therein have by resolution determined that it is desirable to have a dispensary put in operation in such town or city. When said commissioners have been thus officially advised of the action of such municipal authorities, they shall at once take steps to locate and put in a dispensary under the system herein provided for at some suitable and convenient place in such town or city, to be selected and designated by the municipal authorities of such town or city; provided, any dispensary created or established by or under the authority of this Act shall be discontinued by said dispensary commissioners whenever they are officially notified by the municipal authorities of such town or city where the same is located that such municipal authorities desire the discontinuance of the dispensary located therein; and they shall close up the same within the time designated by such municipal authorities; provided further, that said dispensary commissioners shall, upon their own motions, discontinue any dispensary so located and operated whenever the same shall become unproductive and unprofitable. Dispensary at Ocilla and in other municipalities. Sec. 5. Be it further enacted by the authority aforesaid, That all bills and indebtedness incurred for the maintenance and operation of said dispensary or dispensaries, from time to time, shall be paid by the treasurer upon presentation, when approved by said commissioners. That said dispensary or dispensaries shall be maintained and operated from the profits arising from the sale of said spirituous, vinous and malt liquors and intoxicating bitters and ciders; provided, that in no event shall the proceeds of one dispensary (in case that there may be several established in this county as provided by section four of this Act) be used in operating another, but each must be self-sustaining. How maintained. Sec. 6. Be it further enacted by the authority aforesaid, That in addition to such rules and regulations as said board of commissioners may make or enact, the following rules and regulations for said dispensary or dispensaries are hereby enacted: None of the articles or liquors herein mentioned shall be sold except in sealed

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packages, sealed by wax, cork or stopper, and any package broken shall be instantly resealed. Said dispensary or dispensaries shall not be opened before daylight and shall be closed by dark. None of the articles or liquors herein mentioned shall be sold at any one time to any one person in greater quantity than four gallons, nor in less quantity than one half pint, and none shall be drank in the building or buildings where sold or said dispensary is located; that the person or persons directly in charge of any dispensary shall not permit any loitering in or about said dispensary, nor any drinking or tippling in the building wherein the same is located; and the municipal authorities of such town or city where any dispensary is located may, by proper ordinances, punish in the police courts of said town or city the offenders against these rules and regulations and [Illegible Text] rules and regulations enacted by said board of commissioners. Regulations. Sec. 7. Be it further enacted by the authority aforesaid, That said board of dispensary commissioners shall disburse the net profits of each of said dispensaries as follows: one-half to the treasurer of Irwin county, to be held as other funds belonging to said county, and the other half shall be paid over monthly to the municipal authorities of such city or town in which is located the dispensary from which said net proceeds may be derived. Net profits. Sec. 8. Be it further enacted by the authority aforesaid, That the provisions of the foregoing Act shall not go into effect until adopted by a majority of the qualified voters of Irwin county, at a regular election to be held at all the voting precincts in said county on the first Monday in October, 1903; that the ordinary of said county of Irwin shall advertise said election for the adoption or rejection of said Act by publishing notice of same in the newspaper in said county in which sheriffs' sales are advertised for four weeks immediately preceding said first Monday in October, 1903. Said election shall be held under the same rules and regulations as govern elections for members of the General Assembly of Georgia, and all persons residing in said county qualified to vote for members of the General Assembly are qualified to vote under the provisions of this Act. At said election those who favor dispensaries as provided in this Act shall have written or printed on their ballots For dispensaries, and those who oppose dispensaries as provided in this Act shall have written or printed on their ballots Against dispensaries; and if the majority of the votes cast at said election are For dispensaries, then the provisions of this Act shall be of full force and effect; but if a majority of the votes cast at said election are Against dispensaries, this Act shall be null and void. Said election shall be held as other elections for county officers in said county are held, and all the provisions of law in regard to the elections of county officers, as to consolidating the returns, disposition of ballots, tally-sheets, etc., shall be applicable to the election which is to be held under the provisions of this Act. Election to ratify this Act Sec. 9. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903.

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LEE COUNTY DISPENSARIES, ACT ESTABLISHING AMENDED. No. 427. An Act to amend an Act, approved December 15, 1902, entitled 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 said dispensaries; to prescribe their powers, duties and rights, and for other purposes. By adding at the end of the second section of said Act the following words: provided, that the salary of the said county commissioners acting as dispensary commissioners shall be the sum of one hundred dollars per annum, in addition to their salary as county commissioners, to be deducted from the gross proceeds of said dispensaries, and also adding the words The salary of the clerk and treasurer shall be fixed in such a sum as the said dispensary commissioners shall deem reasonable and just, and striking the words The salary of the said secretary and treasurer shall not exceed the sum of one hundred dollars a year from the eighth, ninth and tenth lines of the third section thereof, and for other purposes. Section 1. The compensation of the county commissioners, acting as dispensary commissioners, shall be fixed by the grand jury of Lee county at each spring term of the superior court of said county, and nothing in this Act shall be construed as making it compulsory upon said grand juries to allow any compensation to said commissioners, but it shall be in the discretion of said grand juries to allow no compensation, or compensation in such amount as may seem just and adequate in their discretion. Lee county dispensary, commissioners, compensation of. Sec. 2. Be it further enacted by the authority aforesaid, That the persons now holding the positions of commissioners of roads and revenues of Lee county, and their successors in office, shall be known as 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 shall have power [Illegible Text] elect from their board a chairman by majority vote of the [Illegible Text]

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board of commissioners, and said board shall have power to sue and to 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 office. The mayor of the said 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 dispensary located in that particular town, and who shall be empowered to meet with the said commissioners and examine the said books and accounts and vouchers of the same, and to otherwise advise as to the proper conduct of the same; provided, the salary of the said county commissioners acting as dispensary commissioners shall be the sum of one hundred dollars per annum in addition to their salaries as county commissioners, to be deducted from the gross proceeds of said dispensaries. The accounts for salaries of said dispensary commissioners shall be audited and approved in the same manner as their accounts for services as county commissioners have heretofore been approved and audited. Dispensary commissioners incorporated. Powers of. Sec. 3. Be it further enacted by the authority aforesaid, That section 3 of the aforesaid Act be likewise amended by adding in the eighth line of said section, after the words approved by said commissioners, the following words, to wit: The salary of the secretary and treasurer shall be fixed in such a sum as the said dispensary commissioners shall deem reasonable and just, and striking from the eight, ninth and tenth lines of the said section the words The salary of the said secretary and treasurer shall not exceed the sum of one hundred ($100.00) a year, so that said section, when so amended, shall read as follows: 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 entrusted to him, and for a proper accounting for all moneys coming into his hands by reason of such office. The salary of the said secretary and treasurer shall be fixed in such a sum as the dispensary commissioners shall deem reasonable and just; 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, salary of. Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Repealing clause. Approved August 17, 1903.

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PULASKI COUNTY DISPENSARIES, ACT ESTABLISHING AMENDED. No. 298. An Act to amend the Act permitting the establishment of dispensaries in the county of Pulaski, approved November 15, 1901, 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 5 of the above recited Act be, and the same is, hereby amended by striking the words purchasing the stock therefor and keeping the same and selling the same in the manner prescribed by said supervisors, selling said liquors, cash only, where they occur in lines 7, 8 and 9 in said section, and substitute in lieu thereof the words the stock therefor being purchased by the supervisors, but the manager shall keep and sell the same for cash only in the manner prescribed by said supervisors. Pulaski county dispensaries, stock for, how bought and sold. Sec. 2. Be it further enacted, That the above recital Act be further amended by striking from lines 11, 12, 13 and 14 of said section of said Act the following words: the treasurer of the town or city in which said dispensary is located, and such treasury is hereby made the depository of such dispensary, and substituting in lieu thereof the following words: one or more solvent banks in such city or town; and such bank or banks are hereby made the depositories of said dispensary. Depositories for dispensaries. Sec. 3. 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. Repealing clause. Approved August 6, 1903.

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STATESBORO DISPENSARY, ESTABLISHMENT OF. No. 271. An Act to provide for the establishment and maintenance of a dispensary in the city of Statesboro, Bulloch 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 said county of Bulloch at an election ordered and held according to the terms of this Act; to provide for the establishment and perpetuation of a dispensary commission for the management of said dispensary, and to prescribe their powers, liabilities and duties; to provide rules and regulations for said dispensary and the officers and employees of the same; to provide for the distribution of the funds arising from the sales from said dispensary; to provide penalties for any 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 a dispensary for the keeping and sale of spirituous, vinous, malt and other intoxicating liquors, as hereinafter provided, be, and the same is, hereby established in the city of Statesboro, in the county of Bulloch; provided, this Act shall not be so construed as in any wise to interfere or change the existing prohibitory high license now in force in said county of Bulloch and city of Statesboro; 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; provided further, that 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. Statesboro dispensary. Sec. 2. That said dispensary shall be under the control and management of a board of three commissioners residing in the said Bulloch county, who, with their successors, are hereby constituted a body corporate for the purpose of this Act, under the name of the Bulloch county dispensary, and with all powers necessary or proper to fully accomplish and carry out said purposes; the members of said board of commissioners to be of the most upright and intelligent citizens of said county. Commissioners incorporated. Powers of.

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Sec. 3. Said commissioners shall be elected by a body to be known as dispensary electors, comprised by the mayor and councilmen of said city of Statesboro, the ordinary, the clerk of the superior court, the sheriff, the tax-collectors, tax-receiver, and the treasurer of said Bulloch county voting by ballot. It shall be the duty of the ordinary to call said body together within ten days after the ratification of this Act, as hereinafter provided, for the purpose of electing said dispensary commissioners. At that election one commissioner shall be elected for the term of one year, one for two years, and one for three years, each dating from the day of his election, and to continue in office until his successor is duly elected. All subsequent elections, except to fill vacancies, shall be for the term of three years, and until their successors are duly elected. Annually from the date of the first election of commissioners the aforesaid dispensary electors shall meet and elect a commissioner to serve instead of the one whose term of office expires that day. Upon the death, resignation or removal of a commissioner, said dispensary electors shall elect a successor for the unexpired term. It shall be the duty of the ordinary to call meetings to fill vacancies and for the annual elections, and to give each dispensary elector five days' notice of both call and regular meetings. All meetings shall be at the county courthouse. The ordinary shall call the body to order, and they shall elect from their number president and secretary, who shall certify to the persons elected the fact of such election. If for any cause said ordinary should fail to call the meetings provided for above according to the provisions thereof, or if for any cause the dispensary electors designated or a majority of them should not meet as required by the ordinary, it shall be the duty of the ordinary to forthwith call another meeting. A majority of said dispensary electors shall be sufficient to make said election. Commissioners, by whom and how elected. Sec. 4. Said dispensary commissioners shall elect one of their number as chairman of said dispensary, another as secretary. They shall hold such stated and called meetings as may be necessary for the conduct and supervision of the dispensary affairs, and shall keep minutes of such meetings and book accounts showing all purchases made and from whom made, the amount purchased, the prices paid; also the names of all employees, for what purpose employed, the amount of wages paid, and all their other acts pertaining to the conduct and control of said dispensary, which said book shall be open to the inspection of any citizen of Bulloch county upon request. They shall exhibit said books to

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the grand jury at each session of the superior court. For their services they shall each receive as compensation twenty dollars per month, and the secretary five dollars per month additional, to be paid by the manager out of the profits of the business after paying all indebtedness. Chairman and secretary, employees, etc. Sec. 5. Said dispensary commissioners shall be subject to removal from office by the superior court of said county for neglect of duty, for grossly immoral conduct, habitual drunkenness, or for any abuse or misconduct in connection with the office, which, in the opinion of the grand jury and of the jury trying the case, shall show the commissioner to be a person unfit for the place. The proceedings in such case shall be the same as those for indictments for malpractice in office. Removal of commissioners for cause. 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. For this purpose they may lease or purchase or rent a suitable building, centrally located, within the fire limit of said city of Statesboro, in which building there shall be but one opening, and that in the front. There shall be no rear door. There shall be a glass front to said building, with nothing intervening to obscure the view. The commissioners shall secure all necessary furniture, fixtures and appliances required; shall purchase a proper stock of the liquors aforesaid, and shall employ a fit person, who is not less than twenty-five years of age, sober, upright and moral, to have the immediate charge and management of said dispensary and its business, to be designated as dispensary manager; and said dispensary commissioners shall do any other thing required to carry out the provisions of this Act. 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 corporations shall stand pledged for the debt or debts so created, and all income from the business in excess of necessary expenses shall be applied to the debts till fully paid, and as the contract may require. Dispensary, how opened. Sec. 7. The managers of said dispensary shall be paid not more than $65.00 per month, 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 supervision

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of the dispensary commissioners. He shall employ such assistants in the business and at such compensation as may be allowed by said board of commissioners, and shall be responsible for the conduct of his assistants. All funds of the dispensary he shall receive and the same disburse, as required by the general or special orders, in writing, of said board. He shall give to the board bond, with good security, in a sum not less than $10,000.00, for the faithful performance of his and his assistants' duties, and to cover any defaults of himself or his assistants or employees. He shall keep a record of each sale, the amount of the same, date thereof and price, and to whom made. Said dispensary commissioners shall provide the manager with the proper book for keeping said record. The manager is hereby invested with full power as a policeman of said city for the purpose of preserving order in and about said dispensary and making arrests for violations therein of its regulations or the ordinances of said city or the criminal laws of the State. The commissioners may provide for a manager pro tem., who, in the absence of the manager, shall perform his duties and have the same powers and subject to the same rules and regulations and liabilities; the manager being liable on his bond for any of the misdeeds of the manager pro tem. Manager, compensation and duties. Sec. 8. Said commissioners shall see to it that said dispensary is kept supplied at all times with a stock of liquors aforesaid sufficient in quantity and variety to meet the demand therefor, and shall take care that the same be pure and unadulterated. To that end may, from time to time, as they see proper, cause inspection and analysis to be made of the various liquors in said stock, or any part thereof, by experts. 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. (2) Prices shall be fixed by the commissioners and shall be plainly marked on each package, 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 for a quantity less than half a pint. (5) No liquor shall be sold to persons whose purpose is to sell or dispose of the same unlawfully, and where the manager has reason to suspect such purpose he shall refuse to sell to such customer. (6) The dispensary shall not be opened before sunrise nor remain open after sunset on any day. (7) The commissioners and the manager

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and his assistants shall each be subject to the penal laws of the State regulating the sale of liquors as to the closing on Sundays and election days, and as to sale to drunkards, persons intoxicated and minors. (8) No liquor 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, or remain in said building or on said premises longer than is necessary to make his purchase. Regulations. Sec. 10. Regulations eight and nine in the preceding section are hereby given effect as ordinances of said city of Statesboro, and violations of them shall be punished by the police court of said city as prescribed in its ordinances for disorderly conduct. Drinking and loitering. Sec. 11. In addition to the foregoing, and not conflicting therewith, the board of commissioners may make any other regulations they may deem proper. And they may order said dispensary closed for any special day or occasion when the circumstances, in their judgment, render it wise to do so. Other regulations. Section 12. Said dispensary commissioners shall make a sworn statement of the entire affairs of the dispensary, its debts, liabilities, assets, expenditures, cash on hand, profits and losses, together with an exhibit of all papers, books and stock on hand and manner of doing business, to the grand jury at each session of Bulloch's superior court, which sworn statement shall be ordered published by the grand jury along with their special presentments. The grand jury, at each of its meetings, is hereby required to make a thorough investigation of the entire affairs of the dispensary and its business methods, and to make such recommendations concerning the same as they may see proper. Reports to grand juries. Sec. 13. 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 over to the treasurer of said city of Statesboro and county of Bulloch, one half to each, to be by them applied to such purposes as they are directed by the proper authorities, which may be applied to any purpose at any time for which taxes are levied; 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 ordinary of said county a report showing the business of the dispensary for the preceding month, and the net profits, if any, and the net losses, if any, and to cause their manager to then pay over said profits, if any, to the treasurer of said city and county as aforesaid. Profits. Sec. 14. This Act shall not go into effect until ratified by a

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majority of the voters of said county of Bulloch who were qualified to vote for the members of the General Assembly at the last preceding general election held for that purpose in said county, at an election held for that purpose, ordered and held as follows: Upon a petition, signed by twenty per cent. of those qualified to vote under the provisions of this Act, being filed with the ordinary of Bulloch county, requesting him to order such an election, he shall, in not less than twenty days thereafter, nor more than sixty, order an election held throughout the county, under the same rules and regulations as elections for county officers in said county are held, to determine whether or not the provisions of this Act shall go into effect. At said election only those persons shall be qualified to vote who were qualified to vote for members of the General Assembly at the last preceding general election held for that purpose in said county. The ballots cast at said election shall have written or printed thereon For dispensary or Against dispensary. The returns shall be made to the ordinary of Bulloch county, who shall consolidate the same and declare the result; and if a majority of the ballots cast shall be against dispensary the provisions of this Act shall be of no effect, but 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, opened and maintained as hereinbefore provided. Election to ratify this Act. Sec. 15. After three years from the date of the opening of said dispensary it shall be competent for those who were qualified to vote for members of the General Assembly at the last preceding general election held for that purpose in said county to petition the ordinary of said county for an election to be held for the repeal of the provisions of this Act, said petition to be signed by twenty per cent. of those qualified to vote under the provisions of this Act; upon the filing of which with the ordinary, requesting such an election, he shall, in not less than twenty days nor more than sixty days thereafter, order an election held throughout said county under the same rules and regulations as elections for county officers are held in said county for the repeal of the provisions of this Act; at which election only those who were qualified to vote for members of the General Assembly at the last preceding general election held for that purpose in said county. The ballots cast at said election shall have written or printed thereon For dispensary or Against dispensary. The returns shall be made to the ordinary of Bulloch county, who shall consolidate the same and declare the result. And if a majority of the ballots cast shall be

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Against dispensary the provisions of this Act shall be repealed, and said dispensary commissioners and managers shall, within sixty days, close out said dispensary. Election to repeal this Act. Sec. 16. No election held either for or against the dispensary under provisions of this Act shall be held within thirty days of any election for county officers, members of Congress or members of the General Assembly, or officers for said city of Statesboro, or of any party primaries for the nomination of any of said officers in said county of Bulloch or in said city of Statesboro. The ordinary of said county is hereby required to give notice to those offering him a petition asking for an election under the provisions of this Act of any pending election or nomination that will conflict with the desires of those petitioning, and at the earliest date possible order said election, so as not to conflict with the provisions of this section. Elections, when held. Sec. 17. That all law in conflict with this Act are hereby repealed. Repealing clause. Approved August 1, 1903. TELFAIR COUNTY, LICENSE FEE FOR RETAILING LIQUOR. No. 329. An Act to amend an Act entitled an Act to prescribe the mode of granting license to sell intoxicating liquors of any kind in the county of Telfair, in this State, and also within the corporate limits of the incorporated towns in said county, and to prescribe a fee of five thousand dollars for same, and for other purposes, approved September 15, 1881, by striking the words five thousand dollars, where they occur in the title of said Act, and inserting in lieu thereof the words fifteen thousand dollars, and by striking the words five thousand dollars where they occur in section 3 of said Act and inserting in lieu thereof the words fifteen thousand dollars. Section 1. Be it enacted by the General Assembly of the State of Georgia, That an Act entitled an Act to prescribe the mode of granting license to sell intoxicating liquors of any kind in the county of Telfair, in this State, and also within the corporate limits of the incorporated towns in said county, and to prescribe

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a fee of five thousand dollars for same, and for other purposes, approved September 15, 1881, be, and the same is, hereby amended as follows: That the title of said Act be, and the same is, hereby amended by striking the words five thousand dollars where they occur in said title, and inserting in lieu thereof the words fifteen thousand dollars, so that the said title as amended shall read as follows: An Act to prescribe the mode of granting license to sell intoxicating liquors of any kind in the county of Telfair, in this State, and also within the corporate limits of the incorporated towns in said county, and to prescribe a fee of fifteen thousand dollars for the same, and for other purposes. Telfair county, license fee for retailing liquor. Sec. 2. Be it further enacted by the authority aforesaid, That section 3 of said Act, which reads as follows: That all applicants for such license, when granted, in addition to the foregoing provisions of this Act, shall give the bond and take the oath now required by law for retailers of spirituous liquors, and shall pay to the authority granting such license the sum of five thousand dollars, be, and the same is, hereby amended by striking the words five thousand dollars where they occur in said section of said Act, and inserting in lieu thereof the words fifteen thousand dollars, so that said section 3 of said Act, as amended, shall read as follows: That all applicants for such license, when granted, in addition to the foregoing provisions of this Act, shall give the bond and take the oath now required by law for retailers of spirituous liquors, and shall pay to the authority granting such license the sum of fifteen thousand dollars. Bond and oath of retailer. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 13, 1903.

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WEBSTER COUNTY, DISPENSARY FOR AUTHORIZED. No. 314. An Act to prohibit the sale of spirituous, vinous and malt liquors and intoxicating bitters and ciders in the county of Webster except as in this Act provided; to regulate and control the sale thereof through the medium of a dispensary to be located in the town of Preston; to establish and perpetuate a board of commissioners for the management of such dispensary, 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 Webster 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. Webster county, selling liquor in prohibited. Sec. 2. That the persons now holding the positions of commissioners of roads and revenues of Webster county, and their successors in office, shall be known as the dispensary commissioners in and for said county of Webster, and said commissioners are hereby constituted a body corporate, under the name and style of dispensary commissioners of Webster county, for the purpose of establishing and maintaining a dispensary 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 of 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. And for their service as said dispensary commissioners they shall be paid the sum of

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twenty-five dollars each per annum out of the proceeds of said dispensary. Dispensary commissioners incorporated, powers of. Sec. 3. That the clerk of the board of county commissioners of Webster county shall be the secretary and treasurer of said dispensary commissioners, and for his service as treasurer he shall receive the sum of fifty dollars per annum, or such sum as the commissioners may fix, to be paid by the commissioners out of any money arising out of the dispensary, 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 his duties as such. Secretary and treasurer. Sec. 4. That said dispensary commissioners shall maintain at some suitable point within the town of Preston a dispensary for the sale of spirituous, vinous and malt liquors and intoxicating bitters and ciders. Said commissioners shall elect for said dispensary a suitable person, a citizen of Webster county, 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 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. Dispensary, how maintained. Manager. 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 same. Stock, how bought and sold.

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Sec. 6. That said dispensary commissioners shall from time to time make rules and regulations for the operation of said dispensary 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, nor 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, elections 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. 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 any 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 month preceding, and the amount of 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. Sales. Reports. Sec. 8. That said manager shall not allow any person or persons to loiter in or about said dispensary, or on the premises on which it is located, and for a failure to enforce this section he shall be removed from office; and any person or persons refusing to leave said dispensary or the premises on 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. Loiterers. Sec. 9. That said dispensary 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 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 Webster county, said obligations to be paid out of the first profits realized from said dispensary, and said dispensary shall

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be discontinued by said commissioners should it become unprofitable or unproductive. Maintenance. Sec. 10. That said board of commissioners shall disburse the net proceeds of said dispensary as follows: Two thirds to the county treasurer of Webster county, to be held as other funds belonging to said county, and one third to the treasurer of the town of Preston. Profits. Sec. 11. That this Act shall not go into effect until ratified by a majority of the voters of said county of Webster voting at an election to be held for that purpose, which election is hereby called and shall be held on Thursday, October 1, 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 the ballots and all other papers of the election, including the signed tally-sheets and lists of voters, under seal to the ordinary of Webster county, who shall consolidate the returns and declare the result. If a majority of the ballots cast shall be For dispensary, thereupon this Act shall go into full and immediate effect. Election to ratify this Act. Sec. 12. That all laws in conflict with this Act are hereby repealed. Repealing clause. Approved August 8, 1903. UPSON COUNTY, MANUFACTURE OF LIQUOR PROHIBITED. No. 257. An Act to prohibit the manufacture of alcoholic, spirituous, malt or any kind of intoxicating liquors or bitters in the 537th district G. M., of Upson county, Georgia; to prescribe penalties therefor, and for other purposes, etc. Section 1. Be it enacted by the General Assembly of the State

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[Illegible Text] Georgia, That from and after the passage of this Act it shall be unlawful to manufacture any alcoholic, spirituous, malt or any kind of intoxicating liquors or bitters in the 537th district G M. of Upson county, Georgia. Upson county, manufacture of liquor prohibited. Sec. 2. Be it further enacted, That any person or persons violating the provisions of this Act shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 1039 of the Criminal Code of State of 1895. Penalty. Sec. 3. Be it further enacted, That the provisions of this bill shall not go into effect until after the same shall have been ratified by a majority vote of the present registered voters of said district at an election at the usual place for holding general elections in said district on the third Saturday in August, 1903, which election is hereby ordered to be held at said time and place for said purpose. Election to ratify. Sec. 4. That said election shall be held and conducted in the same manner as elections for members of the General Assembly are held and conducted, and no one shall be allowed to vote in said election except the present registered voters of said district. How held. Sec. 5. That the ballots cast at said election shall have written or printed on each ballot the words For the manufacture or Against the manufacture. That if a majority of the ballots cast at said election be Against the manufacture, then the provisions of this bill shall be thereby ratified and become a law. Ballots. Sec. 6. That the managers of said election shall consolidate the vote and return the result thereof, together with the ballots, tally-sheet and list of voters to the ordinary of said county by twelve o'clock m. on Monday after said election. And it shall be the duty of the said ordinary to publish the result of said election one time in the Thomaston Times; said notice of said result to appear in the issue of the paper the week said result of said election is returned to him. Returns and results. Sec. 7. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Repealing clause. Approved July 30, 1903.

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BARTOW COUNTY, PROTECTION OF FISH IN WATERS OF. No. 248. An Act to amend an Act to protect fish in the streams and other 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, approved December 17, 1902. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That section 1 of the above recited Act be amended by adding to said section at the end of the word line the words trap or basket, so as to make said section, when so amended, read as follows, to wit: From 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, trap or basket. Bartow county, protection of fish in waters of. Sec. 2. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved July 30, 1903. BIBB COUNTY, WORK OF CHAIN-GANG ON STREETS OF MACON. No. 347. An Act to amend an Act of the General Assembly, approved February 26, 1874, entitled an Act to regulate and control misdemeanor convicts in the county of Bibb and amendments thereto, so as to provide that the Bibb county misdemeanor convicts shall work upon the streets of the city of Macon a portion of each year, with all necessary implements and tools, the property of the county of Bibb, and at the expense of the county of Bibb, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same,

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That it shall be the power of the county commissioners of Bibb county and the road commissioners of said county to work the county chain-gang of said Bibb county upon the streets of the city of Macon that be in the incorporate limits as it existed July 1, 1903, outside of the fire limits of the city of Macon, for such time as they may deem proper in each year, beginning with the year 1903. At such times, all mules, plows, wagons, scrapes, utensils, guards and all other things pertaining to the convicts and to the road equipment shall be used, if necessary, upon the streets of the city of Macon free of any charge to said city. The county convicts and road force shall do such work at such time and place as may be required by the mayor and council of the city of Macon, or its authority. The streets shall be worked and graded under the direction of the city engineer, or other person authorized by the mayor and council of the city of Macon; and the mayor and council of the city of Macon shall not be called upon or required to pay any portion or any part of the expense of feeding, maintaining, guarding or caring for said county convicts, the county tax assessed against the real and personal property lying within the corporate limits of the city of Macon being hereby declared sufficient to pay all of said charges. Bibb county, work of chain-gang on streets of Macon. Sec. 2. Be it further enacted, That nothing in this Act shall be considered to repeal or in any way interfere with the payment of the sum of eight thousand dollars now provided by law to be paid by the county of Bibb to the city of Macon, and the county of Bibb shall continue to pay eight thousand dollars per annum, as now provided by law; provided, however, that the said sum of eight thousand dollars so paid shall be applied by the authorities of said city to no other purpose whatever than in working and improving the streets and sidewalks of said city. Payments by county of Bibb to city of Macon. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903.

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CAMDEN COUNTY, SHERIFF, SALARY OF No. 285. An Act to authorize the county commissioners of roads and revenues of Camden county to pay to sheriff of said Camden county a salary of four hundred dollars annually in addition to the fees allowed by law to said sheriff whenever the same is recommended by the grand jury of said Camden county, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the county commissioners of roads and revenues of Camden county are hereby authorized to pay to the sheriff of said Camden county a salary of four hundred dollars per annum in addition to the fees allowed said sheriff by law, whenever the same is recommended by the grand jury of said county of Camden. Camden county, salary of sheriff. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 6, 1903. CARROLL COUNTY, DRAINAGE OF. No. 393. 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 Carroll; 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 land such drains or ditches be cut or extended, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia,

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That from and after the passage of this Act all landowners in Carroll county, Georgia, shall, during the months of July, August and September in each year, remove from the running streams of water upon their respective lands all obstructions, including trash, trees, timbers, rafts and other obstructions, except dams erected for the purpose of running machinery or for fish ponds, which are excepted from the operations of this Act. Carroll county, drainage. Sec. 2. Be it further enacted by the authority aforesaid, That should any landowner in said county fail or refuse to remove the obstructions as provided in section 1 hereof by the first day of October of each year from streams running through his lands, or from his half of streams dividing his lands from lands of another, then, and in that event, the county commissioners, of their own motion, or at the instance of any citizen of the county, shall cause said obstructions to be removed in accordance with the provisions of section 1 hereof, under the direction of one of their number or of the sheriff, deputy sheriff, or any lawful constable or road overseer of said county, all expenses and costs to be taxed against the defaulting landowner. Said county commissioners are hereby empowered, after said obstructions have been removed and the expenses therefor ascertained, to issue a fi. fa. for said costs and expenses against said defaulting landowner, which fi. fa. may be enforced as tax fi. fas., and shall be a lien upon all the property of the defaulting landowner, superior to all other liens except liens for taxes. Duty of county commissioners. Sec. 3. Be it further enacted by the authority aforesaid, That whenever the owner of any land in said county of Carroll 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 reason of such ditch or drain, the party so injured shall be paid reasonable compensation by the party so ditching or draining through said lands, the amount to be determined by three freeholders of said county to be appointed by the ordinary thereof. Drainage across adjoining lands. Sec. 4. Be it further enacted, That this shall not apply to any

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stream where it is the dividing line between Carroll and other counties. Sec. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903. CLAYTON COUNTY, DRAINAGE OF. No. 226. An Act to provide for the removal of all obstructions of all kinds other than dams other than used for operating mills or machinery of any kind, from creeks and other running streams in Clayton county; to compel the owners of lands in said county in which said streams may flow to remove said obstructions; provide in what manner the same may be removed when said landowners neglect or refuse to remove such obstruction, and to provide compensation therefor; to provide for the drainage of the lands in said county through which said streams flow and extension of drains, ditches, through the land of another, and 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 General Assembly of Georgia, That from and after the passage of this Act all landowners in Clayton county, Georgia, shall, during the months of July, August 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 fishing ponds which are excepted from the operation of this Act. Clayton county, drainage 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 giving said landowner 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

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removed; and that the owners of said land shall be liable to pay the party removing or having such obstructions removed reasonable compensation for such labor, for which he shall have a lien on all the property of the party so refusing, to rank as and be in force as other laborer's liens are now in force under the law, and be enforced in the same way. Landowners liable for expense. 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 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 therefrom 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 in this Act, and shall have the same lien as is herein provided for. From streams that are dividing lines. Sec. 4. Be it further enacted by the authority aforesaid, That whenever the owner of any land in said county of Clayton 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 land of such adjoining landowner to a proper outlet in order to drain his land, and such adjoining landowner refuses to extend such ditch or drain, or to allow the same to be extended through his or her lands, then, and in that event, it shall be lawful for the party or parties desiring such drain through the land of such adjoining landowner to a proper outlet, to do so at his own expense, and if the land of such landowners be injured or decreased in value by reason of such ditch or drain the party so injured shall be paid reasonable compensation by the party so ditching or draining through said lands, the amount to be determined by three freeholders of said county, to be appointed by the ordinary thereof. Across adjacent lands. Sec. 5. Be it further enacted, That this shall not apply to any stream where there is a dividing line between Clayton and another county. Sec. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act, and the same are, hereby repealed. Repealing clause. Approved July 20, 1903.

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CHATHAM COUNTY, DEPUTY JAILOR, SALARY OF. No. 245. An Act to amend section 3 of an Act approved September 29, 1881, entitled an Act to repeal so much of the charter of the city of Savannah and the Acts amendatory thereof, as provide for the election of a jailor and the superintendence of the jail of Chatham county by the mayor and aldermen of the city of Savannah, and to vest the management and care of said jail in the county commissioners and sheriff of Chatham county, so as to provide greater compensation for the services of the deputy jailer and the jail guards. Section 1. Be it enacted by the General Assembly of the State of Georgia, That section 3 of an Act of the General Assembly of the State of Georgia, approved September 29, 1881, entitled an Act to repeal so much of the charter of the city of Savannah, and the Acts amendatory thereof, as provide for the election of a jailer, and the superintendence of the jail of Chatham county by the mayor and aldermen of the city of Savannah, and to vest the management and care of said jail in the county commissioners and sheriff of Chatham county, be, and the same is, hereby amended by changing the words and figures eight hundred (800) in the eleventh line of said section to the words and figures nine hundred (900), and by changing the word and figures forty (40) in the fourteenth and fifteenth lines of said section to the word and figures sixty (60), so that section, when so amended, shall read as follows: Section 3. Be it further enacted by the authority aforesaid, That in lieu of, and in full compensation for, all fees now allowed by law for dieting prisoners, receiving prisoners, turning keys or other fees as such jailer, the said sheriff shall receive an annual salary of one thousand ($1,000) dollars, payable in monthly installments out of the county treasury of the county of Chatham, on the order of the county commissioners of said county, which said order shall be a good and sufficient voucher to the treasurer of said county; and the said deputy jailer shall receive in full compensation for his services an annual salary not exceeding the sum of nine hundred ($900) dollars, to be fixed by the county commissioners of said county of Chatham, payable in the same manner as above prescribed for said sheriff. The jail guards shall receive as full compensation for their services a sum not exceeding

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sixty ($60) dollars per month each, to be fixed by the county commissioners, and to be paid in the same manner as above prescribed for said sheriff. Chatham county, salary of deputy jailor. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved July 30, 1903. DAWSON COUNTY, DRAINAGE OF. No. 478. An Act to provide for the removal of obstructions of all kinds, other than dams now erected for operating mills or machinery of any kind, from all the streams of running water in Dawson county; to compel the owners of land, in said county in which said streams 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 land in said county through which such said streams may flow, and the extension of such drains or ditches through the lands of all other, and to provide for the payment of all damages which may be sustained by such landowners through whose land such dam or ditch 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 Dawson 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. Dawson county, drainage 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 as provided in section 1 hereof by the first day of September of each year from streams running through his lands or from his half of streams dividing his lands from lands of another, then, and in that event, the county board of roads and revenues, of their own motion or at the instance of any citizen of the county, shall cause said obstructions to be removed in accordance

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with the provisions of section 1 hereof, under the direction of one of their number or of the sheriff, deputy sheriff or any lawful constable or road overseer of said county, all expenses and costs to be taxed against the defaulting landowner. Said county board of roads and revenues are hereby empowered, after said obstructions have been removed and the expenses thereof ascertained, to issue a fi. fa. for said costs and expenses against said defaulting landowner, which fi. fa. may be enforced as tax fi. fas., and shall be a lien upon all the property of the defaulting landowner, superior to all other liens except liens for taxes. Land owners liable for expense. Sec. 3. Be it further enacted by the authority aforesaid, That whenever the owner of any land in said county of Dawson 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 landowners 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. Across adjacent land. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. FAYETTE COUNTY, PROTECTION OF FISH IN WATERS OF No. 380. 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 Fayette 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,

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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 Fayette, in the State of Georgia, except with hooks and lines. Fayette 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 manner or device whatever, in any of the waters of Fayette county except with hooks and lines. Catching prohibited. Sec. 3. Be it further enacted by the authority aforesaid, That any person or persons violating the provisions of this Act shall be deemed guilty of a misdemeanor and punished as provided in other misdemeanors. Penalty. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903. GLYNN COUNTY, SALE OF SLAUGHTERED STOCK, ETC. No. 350. An Act to make it unlawful for any person to sell or offer for sale any cow, bull, steer, heifer or yearling, sheep, goat, lamb or kid, and hogs of every description, killed or butchered within the twenty-fifth (25) militia district, Glynn county, Georgia, until he shall have first registered the marks, brands and natural marks of such animal with the justice of the peace in and for said district; to provide the manner of registration of such mark, brand or natural mark; to fix a fee to be paid therefor; providing a penalty for a violation 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 authority of the same, That from and after the passage of this Act it shall be unlawful for any person to sell or offer for sale any cow, bull, steer, heifer or yearling, sheep, goat, lamb or kid, and hogs of every description, slaughtered or butchered, within the twenty-fifth district, Georgia militia, Glynn county, Georgia, until he shall have first recorded

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the marks, brands and natural marks of such animal with the justice of the peace in and for said district. Glynn county, sale of slaughtered stock in. Sec. 2. That it shall be the duty of the justice of the peace in and for said twenty-fifth district to keep, in some convenient and accessible place, a book or books, in which he shall enter and record the marks, brands and natural marks of each and every cow, bull, steer, heifer or yearling, sheep, goat, lamb or kid, and hogs of every description, slaughtered or butchered, within said district, the name of the person who slaughtered or butchered such animal, and also the color of such person, for which said services the justice of the peace shall receive the following fees, which shall be paid in advance by the person desiring to register said animal: Fee bill: For each cow, bull, steer, heifer or yearling, a fee of 15 cents. For each sheep, goat, lamb or kid and hog, a fee of 10 cents. Record of marks. Record fee. Sec. 3. That any person violating the provisions of this Act shall be deemed guilty of a misdemeanor, and shall be punished as provided in section 1039, vol. 3 of the Code of Georgia. Penalties. Sec. 4. That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Repealing clause. Approved August 15, 1903. HALL COUNTY, PROTECTION OF FISH IN WATERS OF. No. 336. An Act to prohibit the trapping, netting or gigging of fish in the county of Hall in the months of March, April and May. Section 1. Be it enacted by the General Assembly of the State of Georgia for the county of Hall, That after the passage of this Act it shall be unlawful for any person to take or catch fish in the streams of Hall county by trapping, netting or gigging during the months of March, April and May. Hall county, protection of fish. Sec. 2. Be it enacted by the General Assembly of the State of Georgia, That any person violating the provisions of this Act shall be guilty of a misdemeanor and be punished accordingly. Penalty. Sec. 3. Be it enacted by the General Assembly of the State of

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Georgia, and it is hereby enacted by the same, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause Approved August 13, 1903. MORGAN COUNTY, DRAINAGE OF. No. 358. 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 rivers, creeks and other running streams in Morgan county; to compel the owners of land in said county in which said streams may flow to remove said obstructions; to provide in what manner the same may be removed when said landowners neglect or refuse to remove such obstructions, and to provide compensation therefor; to provide for the drainage of the lands in said county through which any of said streams may 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 land such drains or ditches may be cut or extended; to provide when this Act shall go into effect, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That from and after July 1, 1904, all landowners in Morgan county, Georgia, shall, during the months of July and August, in each year, remove from rivers, creeks and other 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 or propelling machinery, or for fish ponds, which are excepted from the operation of this Act. Morgan county drainage Sec. 2. Be it further enacted by the authority aforesaid, That should any landowner in said county fail or refuse to remove the obstructions as provided in section 1 hereof by first day of September of each year, from streams running through his lands, or from his half of streams dividing his lands from lands of another, then, and in that event, the county commissioners of their own motion, or at the instance of any citizen of the county, shall cause said obstructions to be removed in accordance with

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the provisions of section 1 hereof, under the direction of one of their number, or of the sheriff, deputy sheriff or any lawful constable or road overseer of said county, all expenses and costs to be taxed against the defaulting landowner. Said county commissioners are hereby empowered, after said obstructions have been removed, and the expenses therefor ascertained, to issue a fi. fa. for said costs and expenses against said defaulting landowner, which fi. fa. may be enforced as tax fi. fas., and shall be a lien upon all the property of the defaulting landowner superior to all other liens except liens for taxes. Landowner liable for expense Sec. 3. Be it further enacted by authority aforesaid, That whenever the owner of any land in said county of Morgan shall cut or dig any ditch or drain to the line of any 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 allow the same to be extended through his or her lands, then, and in that event, it shall be lawful for the parties desiring to extend such ditch or drain through the lands of such adjoining landowner to proper outlet to do so at his own expense; and if the land of such adjoining landowners be injured or decreased in value by reason of such ditch or drain, the party so injured shall be paid reasonable compensation by the party so ditching or draining through said lands, the amount to be determined by the three freeholders of said county, to be appointed by the ordinary thereof. Across adjacent land. Sec. 4. Be it further enacted by the authority aforesaid, That this Act shall not apply to any stream where it is the dividing line between Morgan and another county. Sec. 5. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903.

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TERRELL COUNTY, OFFICERS OF, COMPENSATION OF. No. 319. An Act to permit the board of commissioners of roads and revenues of Terrell county to pay to the officers of the superior court of Terrell county and the city court of Dawson a reasonable compensation for misdemeanor convicts turned over by said officers from said court to work on the chain-gang of said county. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the board of commissioners of roads and revenues of Terrell county are hereby authorized, in their discretion to pay to the officers of the superior court of Terrell county and the city court of Dawson a reasonable compensation, to be fixed by said board, for misdemeanor convicts convicted in said courts and turned over to the chain-gang of Terrell county. Terrell county, fees of officers in misdemeanor cases. Sec. 2. Be it further enacted, That the money thus paid for any convict shall first be applied to the costs of that case, including jail fees and the costs of the justice of the peace and constables, if said case originated in a justice court. If not sufficient to pay all costs, then to be equitably prorated by the judge of the court in proportion to the insolvent cost of each officer; provided, however, that all moneys coming to the solicitor of the city court of Dawson for services rendered in said court, after the passage of this Act, shall be paid into the county treasury of Terrell county, and he shall be paid a salary of $1,200 per annum, in monthly payments, out of the county treasury in lieu thereof. Hire of convicts. Solicitor's salary. Sec. 3. Be it further enacted, That said board of commissioners of roads and revenues of Terrell county shall in no event pay more to the officers of Terrell county for convicts than they would have to pay for convicts from other sources. Price of convicts. Sec. 4. Be it further enacted, That all laws and part of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 12, 1903.

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THOMAS COUNTY, GAME WARDENS FOR. No. 411. An Act to provide for the appointment of a game warden and deputy warden in the county of Thomas, to prescribe their duties and provide for their compensation, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That whenever fifty freeholders of the county of Thomas shall, by petition, so request, the judge of the superior court shall, in term or vacation, appoint, by order to be entered upon the minutes of the court, some citizen of said county who is a qualified voter thereof as game warden for said county, which appointment shall be for two years, or until his successor is appointed and qualified. Said warden shall qualify by subscribing before some officer authorized to administer oaths an oath as follows: I, A B, do swear that I will faithfully and diligently discharge the duties of game warden for the county of Thomas; so help me God, which oath shall be filed in the clerk's office of said county. Said warden may be removed from office at any time by said judge upon complaint duly made and satisfactory proof submitted of his failure to discharge his official duties. Thomas county, game warden for. Sec. 2. Be it further enacted, That said warden shall appoint in each militia district of said county a deputy game warden, who shall be a qualified voter thereof, and who shall qualify, as in case of the game warden, the oath of office and order of appointment of said deputy to be filed in the clerk's office of said county. Said deputies shall be appointed for two years, but may be removed at any time by said warden. Deputy wardens Sec. 3. Be it further enacted, That said warden and deputy wardens shall be charged generally with the duty of enforcing the laws for the protection of game birds or animals and such other birds as are protected by the laws of this State and the laws governing illegal hunting in said county. They are empowered to make arrests of all persons found by them in the act of violating said laws, and to arrest all persons charged by warrant with the violation thereof. Duties of wardens. Sec. 4. Be it further enacted, That said warden and deputies shall receive the same costs as sheriffs of this State do for similar service in the arrest and trial of persons convicted under this Act,

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and in addition thereto one half of all fines imposed in such cases, when paid by the defendant; provided, the warden shall satisfy the court trying the same that the detection or conviction in such case is largely the result of official diligence on his part. All vacancies in the office of warden shall be filled by the judge of the superior court as provided by this Act and vacancies for deputy wardens by said warden. Fees Sec. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 18, 1903. THOMAS COUNTY, HUNTING AND FISHING PROHIBITED. No. 429. An Act to prohibit hunting with dogs or gun, or fishing in the private streams or ponds on lands enclosed or unenclosed in Thomas county without the written consent of the owner, 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 it shall be unlawful for any person to hunt at any time with dogs or gun, or to fish with line, seine or in any other manner, in the private ponds or streams on any lands in the county of Thomas, enclosed or unenclosed, without such person having first obtained the written consent of the owner thereof or the legally authorized agent of the owner; and all persons violating the provisions of this section shall be deemed guilty of a misdemeanor. Thomas county, hunting and fishing in. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 18, 1903.

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UNION COUNTY, PROTECTION OF FISH. No. 428. An Act to prevent the taking of fish from Notla river, in Union county, in traps or seines; to provide a penalty for violations of the same, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act it shall not be lawful for any person to catch with seines or nets of any kind, or to entrap with any device whatever, except with hook and line, any fish in Notla river, in Union county, for a period of ten years. Union county, protection of fish in waters of. Sec. 2. Be it further enacted, That it shall be unlawful for any person to keep or permit to remain in said stream upon or opposite to land owned by himself any trap now placed in said stream during said period of ten years. Sec. 3. Be it further enacted, That any person violating the provisions of this Act shall, upon conviction thereof, be punished as for a misdemeanor. Penalty. Sec. 4. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. GAINESVILLE, LANDS CEDED FOR GOVERNMENT BUILDINGS. No. 462. An Act to cede jurisdiction to the United States of America the land to be acquired in the city of Gainesville for court-house, post-office or other government buildings, 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 State of Georgia hereby cedes to the United States of America jurisdiction over such land in the city of Gainesville, in the county of Hall, as the said United States may acquire for the purpose of erecting thereon a government building or buildings for court-house, post-office or other governmental purposes, the particular

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land to be covered by this cession to be determined by a plat and description, to be filed in the office of the Secretary of State. The plat and description so filed shall refer to this Act and state that that said land is the land as to which this Act shall be operative; provided, that the State shall retain concurrent jurisdiction with the United States in and over said tract so far that all criminal or civil process issued under the authority of this State may be executed therein in like manner as if this Act were not in force; and provided, that the State retains its civil and criminal jurisdiction over persons and citizens in said ceded territory subject to any laws or regulations that Congress has established or may establish for the preservation and protection of its rights and property in said ceded land, or the proper maintenance of good order or the enforcement of the laws of the United States therein. Gainesville, land in ceded for government building. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903.

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Part IIICorporations. TITLE I.MUNICIPAL CORPORATIONS. TITLE II.PRIVATE CORPORATIONS.

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TITLE I. MUNICIPAL CORPORATIONS. ACTS. Aeworth, charter amended. Armena, town of incorporated. Atlanta, charter amended. Augusta, charter amended. Augusta, charter amended. Augusta, charter amended. Augusta, charter amended. Baconton, town of incorporated. Ball Ground, charter amended. Barney, town of incorporated. Barwick, town of incorporated. Beloit, town of incorporated. Blakely, charter amended. Boston, charter amended. Boykin, town of incorporated. Bronwood, charter amended. Brunswick, charter amended. Buford, charter amended. Byron, town of, new charter for. Cairo, charter amended. Centralhatchee, town of incorporated. Chipley, charter amended. Cordele, charter amended. Davisboro, town of, new charter for. Decatur, charter amended. Decatur, charter amended. Decatur, charter amended. Douglas, charter amended. East Eilijay, town of incorporated. East Rome, charter amended. Edgewood, charter amended. Flowery Branch, new charter for town of. Gainesville, charter amended. Georgetown, charter amended. Greensboro, charter amended.

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Griffin, charter amended. Hamilton, charter amended. Hawkinsville, charter amended. Higgston, new charter for town of High Shoals, charter amended. Isabelia, city of incorporated. Jeffersonville, charter amended. Kingwood, town of incorporated. Kite, charter amended. Lafayette, city of, new charter for. Lithonia, registration of voters. Lyons, charter amended. Macon, charter amended. Macon, charter amended. Madison, water-works and sewerage. Mansfield, town of incorporated. Meigs, charter amended. Meigs, charter amended. Mello, town of incorporated. Metcalf, charter amended. Metter, town of incorporated. Montezuma, charter amended. Morven, charter amended. Mystic, town of incorporated. Nichols, new charter for town of. Norwood, charter amended. Nunez, town of incorporated. Oakwood, town of incorporated. Palmetto, town of, new charter for. Parrott, charter amended. Plainsville, town of incorporated. Roswell authorized to issue bonds. Sand Hill, town of incorporated. Savannah, salary of aldermen. Savannah, land for public buildings. Sharon, charter amended. Spread, town of incorporated. Tennille, charter amended. Toccoa, charter amended. Warrenton, charter amended. Waycross, charter amended.

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ACWORTH, CHARTER AMENDED. No. 422. An Act to establish a new charter for the town of Acworth, in Cobb county; to define the corporate limits of the same; to provide for the election of the mayor and aldermen; to provide penalties for the violation of the ordinances passed and adopted by the mayor and aldermen; to provide for a tax rate of one half of one per cent. for general purposes; to provide for the laying off the streets, sidewalks and driveways, and other public grounds; to provide for fire limits and fire protection; to provide for sanitary regulations, and to provide for the establishing, maintaining and operating a system of water-works and electric lights, one or both systems; to provide for the levying and collecting a tax rate of 1-4 of one per cent. for the purpose of paying the expenses of the same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the inhabitants of that territory embraced within the limits of 5-8 of one mile in every direction from the W. A. R. R. depot, as it is at present located in the town of Acworth, in the county of Cobb, in the State of Georgia, be incorporated under the name and style of the City of Acworth; that by such corporate name it may sue and be sued, have and use a corporate seal; also to accept, purchase, sell, exchange or hypothecate real and personal property; make and enact through the mayor and board of aldermen ordinances, resolutions, rules and regulations for the transaction of its business and the proper government of the city. The said corporation, through its mayor and board of aldermen, shall have in its corporate capacity special power to make all contracts which they may deem necessary for the welfare of the city; to assess values of property, levy and collect taxes thereon; to remove nuisances. They shall have full control and power over the streets, lanes and alleys of the city and to remove obstructions therefrom and in addition all other power which is necessary and proper to make, regulate, maintain and preserve a legal government. City of Acworth, corporate powers. Sec. 2. Be it enacted by the authority aforesaid, That the municipal government of the city of Acworth shall be vested in a mayor and a board of aldermen, consisting of five members, and

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the term of office of each shall be one year and until his (or their) successors shall have been chosen and qualified. Any male person shall be eligible to the office of mayor or alderman who is a bona fide resident of said city at the time of his election and is a qualified voter in said city. Mayor and aldermen Sec. 3. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall be elected on the first Saturday in January of each year. All elections for mayor and aldermen and elections of any question submitted to the voters of said city shall be held at the court-house, and at such places as may be established by law or the ordinances of said city. All elections shall be held by three persons qualified to hold elections for members of the General Assembly of this State and said elections shall be held under and governed by the same rules and regulations as are elections for members of the General Assembly of this State, and in addition thereto residence in the corporate limits of said city for the period of six months next preceding the election and the payment of all taxes legally required of them by said corporation. Elections. Sec. 4. Be it enacted by the authority aforesaid, That the mayor and aldermen elected on the first Saturday in January shall, on the third Friday in January, be installed in office by taking and subscribing the following oath, which may be administered by any officer authorized by law to administer oaths: I do solemnly swear that I will faithfully discharge the duties devolved upon me as mayor (or aldermen) of the city of Acworth; that I will faithfully execute and enforce the laws of said city to the best of my ability and knowledge; that I will do all in my power to promote and protect the interest of said city; so help me God. Oath. Sec. 5. Be it further enacted by the authority aforesaid, That the mayor and board of aldermen shall, at the first meeting of the same after election and qualification, elect the additional officers of the said city, which shall be a clerk of council, city treasurer, marshal and such other officers, agents or employees, who shall hold their office for the period of one year, unless convicted before the mayor and council of failure to discharge in a rightful and legal manner their several duties, and until their successors are elected and qualified. The city council shall also, at their first meeting after their election and qualification, elect some one of their members as mayor pro tem., who shall, in the absence of the mayor, be the presiding officer of the city, and shall be allowed to vote on all question, and who shall, in the absence or disqualification

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of the mayor, exercise all the functions of the office of mayor, and all duties, rights, privileges and powers conferred on the mayor by this charter shall be exercised by the mayor protem. All of said officers named shall be elected by the mayor and board of aldermen, each aldermen having one vote, and a majority of the whole board shall be required to elect, the mayor having a vote only in case of a tie. All of said officers named and elected shall be required to take such oaths and give such security as may be required of them by the mayor and board of aldermen. The salaries of the officers elected at the first meeting of the mayor and board of aldermen shall be fixed by the mayor and board of aldermen at their first meeting, and shall remain fixed and unchanged for the period of one year. City officers. Salaries Sec. 6. Be it further enacted by the authority aforesaid, That the said mayor and board of aldermen shall have the right and power, in order to raise necessary revenue to properly carry on the government of said city, to build sewers, procure water supply, open, make, grade and keep in proper repair the streets and bridges of said city; to light, police and protect the said city; to pay the salaries of said city officers, employees and agents; to build, establish and maintain a proper fire department; to furnish and maintain all things needful to the protection of life, liberty and property, the maintenance of law and order, the suppression of crime, the payment of debt of said city, for cemetery purpose, for hospital and charitable institutions, for establishing parks, for quarantine purposes, for caring for, providing means and places for the detention, imprisonment and punishment of prisoners, and for such other purposes as may, in their discretion, tend to the proper and legal government of said city; to levy and collect a street or capitation tax on all male persons residing within the corporate limits of said city, also a tax not to exceed one half of one per cent. for general purposes on all the property, both real and personal, lying, situated and being within the corporate limits of said city; also impose such tax as they may deem proper on all business, trades, callings, professions, sale, labor and pursuit which are the legal subjects of taxation; they may also impose, assess, levy and collect taxes on capital invested in said city, on stocks of corporations, and all other property as are not expressly exempt by laws of this State or of the United States, and all taxation shall be uniform and ad valorem on all property subject to be taxed in said city. Each and every person who refuses to render in his or her propery subject to taxation, or neglects to pay their taxes on

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same, shall be proceeded against by execution in the manner and according to such ordinance as may be adopted by the mayor and board of aldermen to enforce collection of the same. Power to tax. Sec. 7. Be it further enacted by the authority aforesaid, That the said mayor and council of the said city of Acworth shall have, and are, hereby empowered to elect a board of tax-assessors, composed of three (3) members, whose duty it shall be to impartially assess the values of all property returnable for taxation; provided, that in the event of a controversy between the board of tax-assessors and the owner of property assessed as to its value, said controversy shall be referred to the mayor and aldermen, excluding said assessors, who, after hearing the evidence from both sides, shall fix the value of such property, and their finding of the value shall be accepted by the board of assessors as the value of said property. Tax-assessors. Sec. 8. Be it enacted by the authority aforesaid, That the city council shall have the right, authority and power to condemn and appropriate private property for public use; to widen, extend or straighten any street, lane, alley, for the convenience of the public; to grade and change all streets, sidewalks, avenues or other ways; to regulate the width of same, to keep in good order and repair the same, and to contract and keep in repair drains, sewers and gutters; to keep all public grounds, sidewalks, alleys, lanes or other ways free from obstruction of any kind; to require landowners or lessees to curb, pave or improve sidewalks at their own expense and under direction of the city authorities; and upon the failure of landowners to do so, the city authorities may proceed to have said work done and collect the cost of same as other taxes are collected; provided, the city authorities have given the landowner thirty days' notice before proceeding to curb, pave or improve said property. Streets. Sec. 9. Be it further enacted by the authority aforesaid, That power and authority is hereby vested in the mayor and board of aldermen to prohibit the building, establishing and erection within a certain limit, which certain limit shall be known as the fire limit, any wooden structure or building, which, in its nature is not fireproof, without the permission of the mayor and board of alderman of said city. In case of a violation of such regulations the city council, after having given ten days' notice, shall cause such building, not fire-proof, erected in said fire limits in violation of this section, to be removed at the expense of the owner or builder, cost to be collected as provided in case of defaulting taxes. Also to provide

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for the regulation of the use of fire-crackers, roman candles, skyrockets, bonfires or other pyrotechnic displays. Fire limits. Sec. 10. Be it further enacted by the authority aforesaid, That the city council shall have the right, power and authority to declare what shall be a nuisance, and to provide punishment of persons who may create or continue nuisances; to establish such a system of quarantine, and to make such sanitary regulations within the corporate limits of said city as may, in their judgment, be best for the prevention, introduction or spreading of any infectious or contagious diseases; to prevent the establishment and continuance of any unwholesome business, offending public health or morals. Also to enforce compulsory vaccination upon all persons who reside within the corporate limits, or within one mile of said city. Nuisances. Sec. 11. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall not have the power to license the sale of spirituous or intoxicating or malt liquors within the corporate limits of said city until the person applying for said license shall have complied with any high license or local option law which may be in force in the county of Cobb; and when such compliance shall be shown by such person or persons applying for such license, it shall then be optional with the mayor and board of aldermen as to whether or not a license shall be granted. And the city authorities shall have the power to pass any ordinance, not in conflict with laws of this State or of the United States, to prohibit the sale by punishment of such persons who may illegally keep, sell or offer for sale any spirituous or malt liquors in said city. Sale of liquors. Sec. 12. Be it enacted by the authority aforesaid, That the mayor and aldermen of said city shall have the power and authority to compel all male persons over the age of sixteen and under the age of fifty years, who have resided within the corporate limits two months, to work on the streets, alleys, lanes, sidewalks, within the said limits each and every year not exceeding six days each year, or in lieu thereof to pay a commutation tax not to exceed three ($3.00) dollars. Street work and commutation tax. Sec. 13. Be it further enacted, That the mayor, or in his absence or disqualification the mayor pro tem., or in his absence or disqualification any member of the board of aldermen, may hold the mayor's court for the trial of all offenders and transgressors against the laws and ordinances of said city. The punishment for any violations of a city law or ordinance, or for contempt, shall not exceed a $100.00 fine, imprisonment in the city guard-house not

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exceeding three months, or work on the street chain-gang or other public works not exceeding three months, one or more, or all three, in the discretion of the trial court, and in addition thereto all costs incurred by the proceedings at law. Any person convicted before the mayor, mayor pro tem. or any member of the board of aldermen sitting as a mayor's court, may enter an appeal from the judgment of said court to the mayor and aldermen of said city; provided, the appeal be entered instanter, and provided, that all costs are first paid and bond given to abide the judgment of said council; and any person convicted on such appeal by the mayor and aldermen sitting in council may have the right of certiorari to the superior court of Cobb county; provided, that all costs are first paid and bond given in double the amount of the fine imposed, which bond shall be approved by the mayor for the appearance of the defendant to answer the final judgment of the court; provided, that nothing in this section shall prevent the applicant for [Illegible Text] from filing the proper pauper affidavit in lieu of the payment of costs or giving bond as now required by law, but in such case the defendant may be committed to the city guard-house pending the hearing. The mayor of said city shall be ex officio justice of peace so far as to authorize and empower him to issue warrants for offenses committed within the corporate limits of the city. Said warrant may be served by the marshal or any other officer authorized to make arrests, either within or without the corporate limits of said city, anywhere in Cobb county, also to bind over to courts of competent jurisdiction or to admit to bail offenders of the law. Mayor's court. Sec. 14. Be it enacted by the authority aforesaid, That the mayor and board of aldermen shall have the power and authority to license and regulate all pool and billiard tables, tenpin alleys or ninepin alleys within the corporate limits of said city; also to levy and collect a license tax on all shows, exhibitions, circuses and performances of any kind; also upon all itinerant peddlers, all venders of patent medicines, drugs, books, of all solicitors or canvassers selling goods, wares, merchandise or other things by retail to customers; of all agents soliciting fire, accident or life insurance doing business in said city, and to provide by ordinance for the punishment of any person or persons who may engage in doing business without first taking out license for the same, as required by law, or for the collection of license by executions. Amusements. Sec. 15. Be it enacted by the authority aforesaid, That it shall be lawful for the marshal, or any special marshal lawfully appointed,

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to arrest, without warrant, any person or persons within the corporate limits, who have been guilty of violating any of the laws or ordinances of said city, and to hold or confine in the guardhouse such offending person or persons until a hearing before the proper official can be had. Said marshal or specially appointed marshal shall have full authority to call to his assistance to arrest such offenders any bystander, and such person when so summoned, shall be bound to assist said officer, and should they fail to do so they shall be liable to prosecution and punishment, as prescribed in section 13 of this Act. Arrests. Sec. 16. Be it further enacted by the authority aforesaid, That when a person is arrested under the authority of this Act it shall be lawful for him to make a good and sufficient bond, payable to the city of Acworth, be approved by the mayor or marshal, conditioned for his faithful appearance to answer such charge when the same shall be heard; and said mayor is hereby empowered to issue scire facias returnable before him not less than ten nor more than twenty days, when any defendant shall fail to appear and answer in terms of his bond, which shall be directed to and served by the marshal of said city, and on return thereof to enter up judgment against such principal and security upon such bond, if the principal is not forthcoming within said time stated in said bond, like as judgments of forfeiture are entered in the superior courts of this State. Appearance bonds. Sec. 17. Be it further enacted by the authority aforesaid, That the mayor and board of aldermen shall have full power and authority whenever any tax, assessments, license or license fees, fines, forfeitures or demands due said city, by any person or persons, or is due as a lien upon any property, to issue execution against the person or property, or both, owing said sum, and shall have the same levied upon any property of defendant in fi. fa. or the property mentioned in fi. fa. Said executions shall be issued in such form and manner, and shall be directed to and be signed as said city may provide in its ordinances, rules and regulations. Tax fi. fas., etc. Sec. 18. Be it further enacted by the authority aforesaid, That it shall be unlawful for any tramp, tramps, vagrant or vagrants, and all other persons without sufficient visible means of support, to enter said city for any other purpose save that of seeking work and means of livelihood, and every person being guilty of the above shall be subject to arrest and punishment, as provided in section 13 of this Act. Tramps and vagrants. Sec. 19. Be it further enacted by the authority aforesaid, That

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the mayor and aldermen of the said city of Acworth are by this Act authorized and empowered to submit to the voters of said city, under the provisions of the Code of Georgia, 1895, section 337 to 381, inclusive, the question of issuing bonds in a sum not to exceed $25,000.00, and to be sold for the purpose of establishing, building, maintaining and operating a system of water-works, or a system of electric lights, one or both of said systems, for the said city of Acworth, and at said election the ballots shall be written or printed For water-works and bonds or For electric light and bonds, or Against electric light and bonds or For water-works and electric light bonds or Against water-works and electric light bonds, as the case may be. The said city having the right, it is hereby enacted, to call an election to vote upon the question of establishing, building, maintaining and operating plans for either the water-works or electric lights, or for both, as may be decided upon and deemed the best for the interest of said city, by the mayor and aldermen of said city. Should the said election or elections herein provided for result in favor of water-works or electric lights, or both, then the mayor and aldermen of said city of Acworth shall be, and they are, hereby authorized and empowered to issue bonds for said purpose not to exceed in the aggregate ($25,000.00), each of said bonds to be in such sums as said mayor and aldermen may name term and designate. Bonds for water-works and electric lights. Sec. 20. Be it enacted by the authority aforesaid, That the mayor and aldermen of the said city of Acworth are hereby authorized and empowered to annually assess, levy and collect a tax not to exceed one fourth of one per cent. on all property, both real and personal, within the corporate limits of said city, for the specific purpose of paying the interest on the said bonds on their maturity. The said tax so levied and collected to be kept separate and distinct from all other taxes, and shall be used solely for the payment of interest and principal on said bonds. The said mayor and aldermen of said city shall have full power and authority to make rules, regulations and ordinances governing said water-works and electric lights, and the use of them by citizens of said city, and the said mayor and aldermen are hereby authorized to charge the citizens of said city such a sum as they may think just and proper for the use of said water and lights. Said bonds of the city of Acworth shall not be taxable directly or indirectly by the city of Acworth. Tax to pay interest on bonds. Sec. 21. Be it enacted by the authority aforesaid, That if the election provided for in this Act for water-works and electric lights,

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or both, should be against the issuing of bonds for either or both systems, then the mayor and board of aldermen of said city may, at their own instance, and shall, on the application of any ten free-holders of said city, at any time hereafter, order another election under the provisions of this Act; provided, that such elections shall not be held oftener than once in every twelve months, and provided, that if said mayor and board of aldermen should call an election for a vote only as to water-works or electric lights, and the same should be for issuing bonds for that purpose, they still may call another election at such time as they may deem proper to vote as to establishing the other system. Other elections for bonds. Sec. 22. Be it further enacted by the authority aforesaid, That the above provisions shall not become operative until ratified by a majority of the qualified voters of the city of Acworth, at an election to be called by the mayor and council between now and January 1, 1904, thirty days' notice to be given of such election. Election to ratify. Sec. 23. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with the above and foregoing be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. ARMENA, TOWN OF INCORPORATED. No. 260. An Act to incorporate the town of Armena, in the county of Lee, 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, and it is hereby enacted by authority of the same, That and after the passage of this Act, the town of Armena, in the county of Lee, be, and is, hereby incorporated as a town, under the name of the town of Armena. Armena, town of. Sec. 2. Be it further enacted by the aforesaid authority, That the corporate limits of said town of Armena shall extend in every direction the distance of one mile, from the center of land lot number one hundred and ninety-four, in the seven hundred and thirty-eighth Georgia militia district. Corporate limits. Sec. 3. Be it further enacted, That the municipal authorities of said town shall be a mayor and four councilmen, who are hereby

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constituted a body corporate, by the name of the town of Armena, and by said name may sue and be sued, plead and be impleaded, purchase and hold real estate, necessary to enable them the better to discharge their duties, and needful for the good order, government and welfare of said town, and by said name shall also have perpetual succession. Mayor and councilmen, powers of. Sec. 4. Be it further enacted, That from and after the passage of this Act, that I. P. Cocke, of said town, be, and he is, hereby appointed and constituted mayor of said town, and Dan Shackelford, Logan Thomas, J. M. Sessions and G. W. Brantley, all of said town, be, and they are, hereby appointed and constituted councilmen of said town; the said mayor and councilmen to hold their respective office until their successors in office are duly elected and qualified, as hereinafter provided. Mayor and councilmen pro tem. Sec. 5. Be it further enacted, That on the second Saturday in January, 1904, and biennially thereafter on the same day and in the same month, an election shall be held in said town for a mayor and councilmen thereof, said election to be under such supervision, rules and regulations (not inconsistent with the laws regulating county elections) as the council may prescribe. Election. Sec. 6. Be it further enacted, That all persons who have been bona fide residents of said town for three months next preceding an election held therein, and who are qualified to vote for members of the General Assembly, shall be allowed to vote at any election held in said town. Electors. Sec. 7. Be it further enacted, That the mayor and councilmen, and such other officers of said town as hereinafter provided for, shall, after election or appointment to his office, and before he shall enter upon the duties thereof, take and subscribe the following oath (which may be administered by any officer authorized by the Code of Georgia to administer oaths): I do solemnly swear, or affirm, that I will faithfully discharge all duties incumbent upon me as mayor or councilmen or other officer of the town of Armena, according to the best of my ability, so help me God. Said oath with the certificate of the officer administering the same, shall be filed with the officer entrusted with the records of said town. Oath. Sec. 8. Be it further enacted, That the mayor and councilmen 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, payable to such town in its corporate name. Officers.

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Sec. 9. Be it further enacted, That the council of said town shall have power therein to lay off, close, open and keep in good order and repair, roads, streets and sidewalks, for the use of the public or any citizen thereof; to prevent injury or annoyance to the public or individuals from anything dangerous or unwholesome; to protect places of divine worship in and about the premises where held; to abate or cause to be abated anything which, in the opinion of the majority of the whole council, shall be a nuisance; to protect the property and person of the citizens of said town, and to preserve the peace and good order therein, and for this purpose to appoint, when necessary, a police force to assist the marshal in the discharge of his duties; to provide for the annual assessment of taxable property therein, which, in no event, shall be greater than one fourth of one per cent. of the value of the taxable property; to adopt rules for the regulation and government of its own body. The council shall have power to make and pass all needful orders, ordinances and by-laws not contrary to the Constitution and laws of Georgia, to carry into effect the foregoing enumerated powers and all others conferred upon said town, and to this end may prescribe, impose and enact reasonable fines, penalties and imprisonments in the town prison, if there be one, for a term not exceeding twenty days. Municipal powers. Sec. 10. Be it further enacted, That the said town shall have the power and right to organize work-gangs and to confine at labor therein, for a term not exceeding twenty days, persons convicted of violating the ordinances of said town; provided, that said penalty shall be inflicted only as an alternative for failure or refusal to pay fine imposed for such violations. Chain-gang. Sec. 11. Be it further enacted, That the mayor of said town shall have authority to bind over, or commit to jail, offenders against any criminal law of Georgia, whenever, in the course of investigation before him, a proper case therefor shall be made out by evidence. Mayor's court. Sec. 12. Be it further enacted, That said mayor and councilmen shall have the power to elect a mayor pro tem., who shall perform all the duties of the mayor when from any cause he cannot be present to perform the duties of his office; also to fill any vacancy that may occur in the office of mayor or councilmen or any subordinate office of said town. Mayor pro tem. Sec. 13. Be it further enacted, That the mayor of said town shall be chief executive officer thereof; he shall see that the 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 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 as hereinbefore provided. Mayor, powers and duties Sec. 14. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved July 30, 1903. ATLANTA, CHARTER AMENDED. No. 283. 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, and for other purposes. Section 1. 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 day of February, 1874, and the several Acts amendatory thereof be, and the same are, hereby amended as follows: That in accordance with the desire of the mayor and general council of the city of Atlanta, the authority to issue four hundred thousand dollars of bonds for the extension of the sewer system, etc., and four hundred thousand dollars of bonds for the extension of the system of water-works, etc., as provided in sections one (1) and two (2) of an amendment to the charter of said city, approved November 29, 1902, be, and the same is, hereby restricted, limited and withdrawn to the following extent only, to wit: After the sale of the first two hundred and fifty (250) of said bonds,, aggregating $250,000.00, for the extension of the sewer system, as provided in section 1 of said amendment of 1902, the remaining one hundred and fifty (150) of said bonds, aggregating $150,000.00, shall be withdrawn and cancelled, and the same are hereby declared null and void. Furthermore, after the sale of the first one hundred and fifty (150) of said bonds, aggregating $150,000.00, for the extension of the system of water-works, as provided in section 2 of said amendment of 1902, the remaining $250,000.00 shall be withdrawn and cancelled, and same are hereby declared null and void. Atlanta, authority to issue bonds. Sec. 2. It is hereby further enacted, That the sum or aggregate

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of the bonds above withdrawn and cancelled shall not be counted or computed in calculating or fixing the amount of the indebtedness of the city under the Constitution of the 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. Repealing clause. Approved August 6, 1903. AUGUSTA, CHARTER AMENDED. No. 376. An Act to amend the charter of the city of Augusta, in this State, so as to prescribe the mode of conducting any primary or other such election in said city of Augusta, held for the purpose of nominating or selecting a person to be afterwards a candidate at a subsequent regular election held to fill any office of the city of Augusta as now or may be hereafter provided by the charter, or any amendments thereto, of the city of Augusta; to prescribe penalties for violations of this Act, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That the charter of the city of Augusta, in this State, is amended as follows: That when any party, organization or association shall undertake, in the city of Augusta, to select a person to be put forward as a candidate for election to any municipal office of the city of Augusta by balloting for such candidate, then such balloting shall be conducted according to the method hereinafter prescribed. (a) The party, organization or association about to have an election for the selection of a candidate, as aforesaid, shall, in accordance with such rules as it sees proper, appoint a primary election committee, who shall be charged with all the details of arranging for such election. (b) The primary election committee, selected as aforesaid, shall provide as many balloting places as it sees proper, and shall appoint such managers and clerks to preside over the election at each balloting place as said primary election committee may see proper. (c) The primary election committee, selected as aforesaid, shall, at each balloting place, provide a room or booth to substantially fill the following requirements, viz.: It shall be so arranged that the managers, with the clerks and ballot boxes, shall occupy the same to the exclusion and free from the interference of all outsiders. In said booth or room there shall be provided a table or desk at which a prospective voter

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can prepare his ballot without the preparation thereof being subject to the inspection of the managers or their clerks, or any other outside person. The booth or room shall also be so located and protected by wall, fence, rope or other barrier that persons other than the person about to cast his ballot and the managers and their clerks cannot approach nearer to said booth or room than twentyfive (25) feet. (d) The primary election committee, appointed as aforesaid, shall, for each election, prepare and provide a ballot of such form, color and design as it sees proper, to be known as the official ballot, upon which ballot shall be the names of all candidates seeking nomination in said election; and shall also print on said ballot, opposite the name of each candidate, some conventional sign different from those opposite the other names, which will enable an illiterate voter to distinguish the different names by means of the conventional signs, and the character, design and color of such ballots shall not be disclosed until the opening of the balloting places upon the day of the election, except that each candidate may be informed of the character of conventional design which is to be placed opposite his name on the ballot. (e) The official ballot thus prescribed shall not be distributed indiscriminately among prospective voters, but shall be placed only in the hands of the managers of the election in each booth or balloting place, and issued by said managers only to a person about to vote, and one only to each prospective voter; provided, however, that if a prospective voter mutilate or make an error in the preparation of his ballot, he may surrender the mutilated ballot to the managers and secure another in lieu thereof. (f) Only one voter shall be admitted into the booth or room when the balloting is being conducted at one time. Immediately upon admittance the managers shall satisfy themselves if he is qualified to vote according to the rules and regulations of the party conducting the election, and if they find him so qualified they shall issue to him a ballot, which he shall prepare for depositing in the ballot box by scratching therefrom all the names except the one for which he desires to vote. After thus preparing the ballot he shall fold the same so that neither the managers, clerks nor any other person can see for whom the vote is cast, and shall then hand the ballot to the managers, who shall deposit the same, without unfolding or examining it. No voter shall be allowed to remain in the balloting room or booth more than one minute after having been furnished with a ballot. (g) In the event a person who desires to vote is not able, by reason of physical infirmity to prepare his ballot, he may then request the managers to prepare the same for him, and the managers, when

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thus requested, shall prepare the ballot, but no manager or clerk or other person in the balloting booth or room shall suggest to the voter how he shall vote or shall volunteer to prepare a ballot for him. (h) The managers of the election shall refuse to receive any ballot other than the official ballot furnished to them by the election committee, as aforesaid, and prepared for voting as therein provided. (i) The managers of the election shall not permit any person to enter the election booth during the progress of the election other than their clerks and the person about to deposit his ballot, and then only one such voter at one and the same time; provided, however, that said managers shall have the right at any time to call in any police or peace officer for the purpose of preserving order, said policeman or peace officer to remain so long only, however, as desired by the managers. Augusta, elections in. Sec. 2. Be it further enacted, That the managers provided for in this bill are invested and empowered hereby, during the conducting of the elections provided for hereunder, with the powers and authority to swear and administer oaths to persons voting or about to vote in said elections, under such form or forms of oath as may be prescribed by the primary election committee conducting such election; and any person swearing falsely, after such oath or oaths are so administered as to matters touching said election, or said person's right to vote therein, shall be guilty of false swearing and punishable as prescribed therefor under the Code of Georgia; and any person attempting to vote fraudently in any election provided for under this Act, if he be not sworn, shall be guilty of a misdemeanor, and punished as provided therefor in the Code of Georgia. Fraudulent voting. Sec. 3. Be it further enacted, That any person other than a prospective voter admitted in his regular turn, or having official business with the managers or clerks holding the election at any voting precinct, who shall approach within the twenty-five foot barrier provided as hereinbefore set out, shall be considered guilty of violating the ordinances of the city of Augusta in reference to disorderly conduct, and shall be liable to punishment under such ordinances. Polls. Sec. 4. Be it further enacted by the General Assembly of the State of Georgia, That any member of an election committee or managers or clerks of any election held for the purpose of nominating candidates for any municipal office of the city of Augusta, violating the provisions of this ordinance in reference to the manner of conducting such elections or conducting a primary election in

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any other manner, shall be guilty of a misdemeanor, and liable to fine and imprisonment as for a misdemeanor. Violations of this Act, penalty. Sec. 5. Be it further enacted by the General Assembly of the State of Georgia, That all the general provisions of law applicable to the holding of primary elections shall be applicable to the elections held under the provisions of this statute. General law. Sec. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903. AUGUSTA, CHARTER AMENDED. No. 339. An Act amend the charter of the city of Augusta, in said State, so as to provide a way by which may be retired from active service on part pay, certain members of the police and fire departments of the city of Augusta, 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 charter of the city of Augusta, in this State, is amended as follows: That whenever any officer or private member of the fire or police departments of the city of Augusta shall have served continuously in either of said departments, or both together, for twenty-five (25) years, he shall be permitted to refire from active service of this department, on his own motion upon one third of the pay of the rank or position he may be holding at the time of said retiring under the following terms and conditions: (a) Any such officer or member wishing so to retire, shall obtain from one of the city physicians of the city of Augusta a certificate to the effect that such officer or member is no longer fit competently and fully to perform the active duties of his position; upon presentation of which certificate to the commission or committee, whichever it may be, that has control of the department in which said officer or member is employed, such committee or commission shall pass upon said matter, and if they find the case meritorious, shall retire such officer or member upon one third of the pay he is receiving at the time of such retirement, or should so receive according to the position he holds from the active service of his department, such one third to be paid under the same rules and regulations as active members of said department may be, at the time, paid. (b) Such

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officer or member shall then be known as a retired member of his department, and shall be relieved of all the active duties of his department and position and allowed to engage in any other occupation or business he may desire; provided, however, that such officer or member shall be subject to call, in cases of emergency, at any times by the chief or head of his department, to perform such services as he may be fit for, and as such chief or head may designate. (c) The retired pay granted under this Act shall continue to be paid to said retired officer or member for and during the term of his natural life. Augusta, fire and police departments, retirements from. Sec. 2. Be it enacted by the authority aforesaid, That this Act shall not go into effect until it is adopted, by resolution or otherwise, by a majority vote of the city council of Augusta. Ratification. Sec. 3. Be it further enacted, That the city council of Augusta is hereby granted all power and authority to enact such ordinances as may be necessary for carrying into full force and effect the intention and spirit of this Act. Ordinance. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 13, 1903. AUGUSTA, CHARTER AMENDED. No. 334. An Act to amend the charter of the city of Augusta so as to allow the city council of Augusta to abandon and declare vacant, as a street, certain lands, and to convey the same to Mrs. Clara J. Preston, 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 power is hereby granted to the city council of Augusta to abandon and declare vacant as a street the land hereinafter described, and to convey the same in fee simple, in consideration of the payment heretofore made to it, to Mrs. Clara J. Preston and her assigns, all that lot of land in the city of Augusta, county of Richmond and State of Georgia, on the southeast corner of Greene and McKinne or Thirteenth streets, fronting on Greene street thirty five (35) feet, more or less, and running southwardly of equal width a distance of two hundred and five (205) feet, more or less, on its castern

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line, and one hundred and ninety-five (195) feet, more or less, on its western line to Telfair street. Augusta, authority to close a street. Sec. 2. That all laws in conflict with this be, and the same are, hereby repealed. Repealing clause. Approved August 13, 1903. AUGUSTA, CHARTER AMENDED. No. 233. An Act to authorize the city council of Augusta to lay out and maintain boulevards, driveways, parks and parkways, outside the limits of said city and within five miles thereof, within the county of Richmond, in said State; to authorize the taking or damage of private property for the same; to provide for a board of park commissioners and authorize said council to levy taxes and make appropriations for the same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, it is hereby enacted by authority of the same, That from and after the passage of this Act the city council of Augusta, in order to promote the welfare of its citizens and those of the county of Richmond, shall be, and is, hereby authorized to lay out and maintain boulevards, driveways, parks and parkways outside the limits of said city and within the county of Richmond, such boulevards and driveways to circle said city and be within five miles thereof. The said boulevard shall extend from a point on east boundary, at the foot of Broad street, in the city of Augusta, to a point on the Washington road, so that the line to be fixed shall be as nearly as practicable a half circle. Immediately after the organization of the board shall have been effected, the members shall inspect the section through which said boulevards is to run, and determine, as far as practicable, pending a survey, the line to followed. Augusta, driveways, parks, etc. Sec. 2. Be it further enacted, That the jurisdiction of said city council of Augusta is hereby extended over said boulevards, driveways, parks and parkways for police purposes and for the enactment and enforcement of such ordinances, rules and regulations as may be deemed necessary and proper for the use, control, protection and management of the same. Police powers. Sec. 3. Be it further enacted, That for the purpose aforesaid, said city council of Augusta is hereby clothed with the powers and

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right of eminent domain, as fully as the same is possessed by the State, and may take or damage private property upon compliance with the general laws of said State governing the taking or damaging such property for public purposes. Eminent domain. Sec. 4. Be it further enacted, That the following named persons, to wit: D. B. Dyer, William K. Miller, Thomas M. Philpot, Richard E. Allen, Clarence E. Clark, L. C. Hayne and Neil McInnes, shall constitute the first board of park commissioners, whose duties shall be to indicate the route and supervise the laying out said boulevards, driveways, etc. They shall meet within thirty days after the approval of this Act by the governor, and organize, by electing from their number a president and a secretary, and proceed to draw for their respective terms of office, that is to say, two for one year, two for two years, and three for three years, and on the expiration of said terms, respectively, successors shall be elected by the said city council of Augusta, and any vacancy in said board shall be filled by the said city council; provided, that should any of the persons named as commissioners in this section fail or refuse to participate in the organization required by this section of this Act the remaining members shall fill the vacancy or vacancies thus created. Park commissioners pro [Illegible Text] Sec. 5. Be it further enacted, That said city council may levy such taxes, make such appropriations and enact such ordinances, rules and regulations as said city council may deem necessary and proper to the execution of the powers, jurisdiction and authority herein conferred, and in furtherance of the purpose of this Act. Taxation. Sec. 6. Be it further enacted, That the said city council of Augusta shall invite the co-operation of the authorities of Richmond county in the premises, and that they enter into such agreement as to taxes to be raised for road purposes and the expenditure thereof, as may equitably carry out the beneficial purposes of this Act and the development incident thereto. Richmond county, co-operation of. Sec. 7. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved July 24, 1903.

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BACONTON, TOWN OF INCORPORATED. No. 281. An Act to incorporate the town of Baconton, in Mitchell county, and to prohibit the sale of all 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 authority of the same, That from and after the passage of this Act, W. J. Mullins, mayor; G. W. Jackson, D. B. Turner, E. B. Mullins, G. H. Reynolds and J. T. Glosier, councilmen, be, and they are, hereby made a body corporate and politic under the name and style of The mayor and council of the town of Baconton, to hold their offices until the second Tuesday in May, 1904, and until their successors are elected and qualified. Baconton, mayor and councilmen pro tem. Sec. 2. Be it further enacted, That the corporate limits of said town shall be a circle 1000 yards from the public well just east of depot. Corporate limits. Sec. 3. Be it further enacted, That the corporate powers of said town shall vest in said mayor and councilmen, who shall be elected on the second Tuesday in May of each year. Said mayor shall hold office for a term of two years. Two of said councilmen shall hold their office for two years, the other three for one year; the long term councilmen 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 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 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 election; 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

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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 such 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 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 councilmen thereafter, shall administer similar oaths to the newly elected councilmen; and the oaths of the mayor and councilmen 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 councilmen who is not qualified to vote at the election. Elections for mayor and councilmen. Sec. 4. That in the event the office of mayor or of any one or more of the board of councilmen 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 councilmen 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. 5. 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. Voters. Sec. 6. That the clerk and treasurer, or such person as shall be designated by the board of councilmen, 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 in 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

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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 Baconton 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 Baconton; 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 me 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 councilmen 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. Sec. 7. 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 6 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 or registration. Sec. 8. That three of the councilmen shall constitute a quorum of the board of councilmen. 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, powers of.

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Sec. 9. That at the first regular meeting of the board of councilmen 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. Mayor pro tem. Sec. 10. That the board of councilmen shall elect a clerk and a treasurer of said town, either from their own body or from 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 councilmen 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 said town, street tax excepted; shall receive all moneys due said town; shall issue executions against all defaulters for taxes, said exemptions 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 councilmen. 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 councilmen shall prescribe, payable to the mayor of the town of Baconton 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 therein prescribed, and such other duties as may be imposed upon him by the board. Clerk. Sec. 11. That the board of councilmen 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 councilmen shall 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 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 Mitchell, 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

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house or jail subject to trial by 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 be at the court-house in the town of Baconton; 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 duties as may be specially required of him by the board. Marshal. Sec. 12. That the mayor and other officers of said town shall receive such compensation as the board of councilmen shall prescribe. Salaries. Sec. 13. That it shall not be in the power of said councilmen to grant licenses to sell, nor shall any malt, spirituous or intoxicating liquors be sold within the corporate limits of said town after the passage of this Act, or any person in public or private corporation violating this section of this Act shall be guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 1039, volume 3 of the Code of Georgia of 1895. Prohibition. Sec. 14. That where executions are issued for municipal taxes, license or 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 laws in trials before a committing magistrate, unless otherwise prescribed by ordinance. Fees of marshal. Sec. 15. The board of councilmen shall have power and authority to assess, levy and collect annual ad valorem and per capita taxes upon all persons, 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 tax returns and for paying taxes, notice of which time 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 [Illegible Text] for educational purposes; not more than $7.50 per capita tax for [Illegible Text] and paving purposes, or require not more than 15 days work on same. Taxation. Sec. 16. That the board of councilmen shall have power and authority to levy and collect taxes on all professions, trades, business occupations, theatrical exhibitions, shows or other performances within the town; on all peddlers, venders of medicines, itinerant traders, salesmen or soliciting agents; hotels, boarding-houses,

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livery stables and transportation companies; and on all bowling-alleys, skating-rinks, pool or billiard tables, and all other games kept or played within corporate limits of said town; to grant license for the same and to regulate them by ordinance. Taxation. Sec. 17. 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. 18. That the board of councilmen 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 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 power over it so long as it is used for these purposes, as it were within corporate limits. Said board of councilmen 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 councilmen. The powers, duties and compensation of such officers to be prescribed by the board of councilmen. Health and sanitation. Sec. 19. All laws and parts of laws conflicting with this law and charter are hereby repealed. Repealing clause. Approved August 6, 1903.

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BALL GROUND, CHARTER AMENDED. No. 273. An Act to amend an Act to incorporate the town of Ball Ground, approved September 27, 1883, by changing the time for holding the election of municipal officers; by providing how the mayor and council may, and under what conditions, they shall issue license to parties applying for license to sell spirituous, malt or vinous liquors in said town; by providing how taxes on special business shall be levied and collected; and by providing how ad valorem taxes shall be levied and collected, or assessed and collected; and by how returns shall be made, and by how defaulting property owners may be taxed, 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 2 of the above named Act be amended by striking all of said section after the word councilmen in the third line of said section and inserting in lieu thereof the following, so that when said section, so amended, shall read as follows: Be it enacted by the General Assembly of Georgia, That the government of the town of Ball Ground shall be invested in the mayor and five councilmen; said mayor and councilmen to be elected annually on the first Saturday in December (the present mayor and council, and their successors, to act until their successors are elected and qualified), on the first (1st) or 2nd of January thereafter in each year, said election to be held and managed by one justice of the peace and two freeholders, and the persons receiving the highest number of votes cast at said election shall be declared duly elected. The managers of said election shall give certificates of the result of said election to the persons receiving the highest number of votes cast, which shall be their authority to act. Ball Ground, election of mayor and councilmen. Sec. 2. Be it further enacted by the authority aforesaid, That section 14 of the aforesaid Act be amended by striking all of said section after the word cases in the seventh line of said section and add in lieu thereof the following: And that said mayor and council shall, on the application of any party desiring to sell spirituous, malt or vinous liquors, grant to said party or parties a license to sell such liquors, provided such party or parties tender or pay to said mayor and council at the time he makes application for leave to sell said liquors the sum of not less than $500.00, and any amount greater than this sum to be estimated and set by said mayor and council; said license, when granted, to be good for the calendar year in which they are granted. Said sum of money received for said license shall be paid into the treasury and appropriated to the use of said town of Ball Ground, so that said section, when amended, shall read as follows: Be it enacted by the

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General Assembly of Georgia, That from and after the passage of this Act, that any person or persons making application to said mayor and council for license to sell spirituous or malt liquors at retail within the corporate limits of said town shall make and file with the mayor and council a good and sufficient bond for the carrying out the provisions prescribed by the laws of this State; also, that he or they shall take the oath prescribed in such cases, and that said mayor and council shall on the application of any party desiring to sell spirituous, malt or vinuous liquors, grant to said party or parties a license to sell such liquors, provided such party or parties tender or pay to said mayor and council, at the time he makes application for leave to sell said liquors, the sum of not less than $500.00, and any amount greater than this sum to be estimated and set by said mayor and council; said license, when granted, to be good for the calendar year in which they are granted. Said sum of money received for said license shall be paid into the treasury and appropriated to the use of said town of Ball Ground. Sale of liquor. Sec. 3. Be it further enacted, That the mayor and council shall have full power to levy and collect a tax upon every person carrying on the business of an auctioneer, upon the keeper of a pool, billiard or bagatelle table kept for public use, and upon the keeper of every other table, stand or place with or without a name (unless kept for exercise or amusement, not prohibited by law and not kept for gain directly or indirectly); upon the keeper of every tenpin alley or alley of like character; upon every traveling vendor of patent or proprietary medicines or other article of like character, paper, soap and etc.; upon itinerant traders of any commodity or article offered for sale in said town; upon itinerant shows and circuses of any kind who charge any admission fee, or lectures or anything else for which any fee is charged or collected for the benefit of the same; upon factors, hucksters, brokers, vendors of lottery tickets, agents or managers of gift enterprises, and upon all other persons exercising within the said town any trade, calling or business of any nature whatever, except mechanics and day laborers. Taxation and licenses. Sec. 4. Be it further enacted by authority aforesaid, That in addition to the foregoing specific taxes the mayor and councilmen of said town shall have power and authority to impose, levy and collect a tax annual, ad valorem, on all real and personal property within the corporate limits of said town, not to exceed one half of one per cent. of the value of said property; that it shall be the duty of all taxpayers and owners of taxable property within said town, and they and each of them, either by themselves or through their agents, are hereby required to make annual returns, under oath, to the clerk of the council, at such time as the mayor and council may fix, of all their taxable property, their trade, calling, business or profession, carried on in their own rights or in the right of any other person or persons, and not exempted from taxation by the laws of Georgia; and in case any person shall fail or

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refuse to give in his tax as above set forth by the time limited by the town authorities, or shall make any return deemed incorrect by the mayor and council, the said mayor and council shall assess the property of said person and may put such value thereon as they may deem correct and just, and shall then double the tax of such person or persons for their failure to give in their taxes as required by the ordinances of said town; provided, that the mayor in his discretion, for good cause shown to him, remit the excess so charged upon the immediate payment of the regular tax or taxes then due by said delinquent, and all taxes and fines due the said town (in case of refusal to pay the same) shall be collected in the following manner, to wit: An execution for the sum due and all cost shall be issued by the clerk of the council directed to the marshal of said town against the estate, both real and personal, of such defaulter, and shall be levied by the marshal or the deputy marshal upon said property, and after advertising same for sale for thirty days at three of the most conspicuous places in said town, the marshal or deputy marshal shall at public outcry, in front of the mayor's office in said town, expose said property for sale, and shall sell to the highest and best bidder at said sale, and the deed made by said marshal or deputy marshal in pursuance of said sale shall be sufficient to pass and carry the title to said property sold to the purchaser as fully as the defendant in fi. fa. could himself do; 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 precedent as executions from the courts of the State and county, and all other costs on the same shall be the same as that due on tax executions for State and county taxes. Taxation. Sec. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 4, 1903. BARNEY, TOWN OF INCORPORATED. No. 292. An Act to incorporate the town of Barney, in the county of Brooks; to fix the corporate limits of the same; to provide for the election of officers; to prescribe their duties, rights and powers; to define the powers granted to such corporations, 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 Barney, in the county of Brooks, be,

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and the same is, hereby incorporated as a town under the name of the town of Barney. Barney, town of incorporated. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall extend one half mile in every direction from the present site of the depot on the South Georgia railway at Barney, Georgia. Corporate limits. Sec. 3. Be it further enacted, That the municipal government of said town shall consist of a mayor and five councilmen, who are hereby constituted a body corporate under the name and style of the town of Barney, and by that name and style shall have perpetual succession, with power to make and enforce such ordinances and by-laws for municipal purposes that may be deemed proper, not in conflict with the charter of said town nor the Constitution and laws of this State nor the United States; and with the power, in and by said corporate name, to contract and be contracted with, sue and be sued, plead and be impleaded in all the courts of this State, and be able in law to purchase, hold, receive, enjoy, preserve and retain for the use and benefit of said town of Barney any property, real or personal, for any term of years, within or without the corporate limits of said town for corporate purposes, and to have and use a common seal. Mayor and councilmen. Corporate powers. Sec. 4. Be it further enacted, That on the first Wednesday in December, 1903, and annually thereafter, there shall be held in said town of Barney an election for the mayor and the councilmen, who shall hold their offices until their successors are elected and qualified. At the first election all persons residing within the incorporate limits of said town ninety days, who would be entitled to vote for members of the General Assembly, shall be qualified electors. At such subsequent elections all persons who have been bona fide residents of said town for sixty days before the election, who, before registering as hereinafter required, have paid all taxes of every description legally imposed and demanded by authority of said town, who shall have been duly registered as hereinafter provided, and who shall be qualified to vote for members of the General Assembly, shall be qualified electors. Elections for mayor and councilmen. Sec. 5. Be it further enacted, That such election shall be conducted under the management of a justice of the peace and two freeholders who are not candidates in said election, or any three freeholders who are not candidates in said election may conduct same. Said managers shall conduct such election as nearly as practicable as elections for members of the General Assembly are conducted. The polls at such election shall open

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at 8 a.m. and shall be closed at 3 p.m. After the first election under this charter the mayor and town council may appoint annually any three freeholders, or any two freeholders and a justice of the peace who are not candidates in said election, and are electors of said town, to conduct said election. The managers, each before proceeding with the election, shall take and subscribe the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are qualified by being freeholders or a justice of the peace to hold the same; that we will make a just and true return thereof, and not knowingly permit any one to vote unless we believe he is justly entitled to do so according to the charter of this town, nor knowingly prohibit any one from voting who is entitled to do so, and we will not knowingly divulge for whom any vote is cast unless we are called upon to do so under the law; so help us God. Said affidavit shall be signed by each superintendent or manager in the capacity in which he acts; said oath shall be made and subscribed before some officer authorized to administer oaths if any such be present, and if no such officer is present, said oath shall be made and subscribed by each manager in the presence of the others. The manager acting at the first election held under this charter shall issue a certificate of election to each of the persons elected, which shall be recorded on the records of said town; said certificate shall be sufficient authority to the persons so elected to enter upon the discharge of their official duties after qualification herinafter provided. The managers of each subsequent election shall issue to the new elected mayor and each of the councilmen elected a like certificate not later than five days after the election, which shall be recorded upon the records of said town. Elections, how held. Sec. 6. Be it further enacted, That in the event the office of the mayor shall become vacant, or any vacancy shall occur among the councilmen by death or any other cause, the mayor, or if that office is vacant, the mayor pro tem., or the councilmen, if both of said offices are vacant, shall order an election to fill such vacancy or vacancies, of which election at least ten days' written notice shall be given by posting said notice in three of the most public places of the town, or, if there is a newspaper published in said town, by publication in said newspaper, such newly elected person to fill the unexpired term only. Vacancies. Sec. 7. Be it further enacted, That the mayor and each councilman, as soon as they receive certificate of election,

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shall make and subscribe the following oath before any person authorized to administer oaths: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as mayor or councilman (as the case may be) of the town of Barney during my continuance in office, according to the best of my ability and understanding, so help me God. Said oath shall be entered upon the records of said town. Oath. Sec. 8. Be it further enacted, That the mayor and councilmen shall elect annually, not later than the first regular meeting of the town council in January, a mayor pro tem from the councilmen, who shall perform all the duties and exercise all the powers of the mayor when, for any cause, the mayor is absent or disqualified, a clerk, marshal and such other officers as they may deem necessary; to fix their fees and salaries, take their bonds and prescribe their duties. All of said officers shall hold their offices for one year and until their successors are elected and qualified; provided, that any of said officers may be removed at any time by the mayor and councilmen for neglect of duty, incapacity or malfeasance in office. Officers [Illegible Text] town. Sec. 9. Be it further enacted, That the clerk of said town shall keep a book to be labeled Registration book of the town of Barney, in which he shall register upon application the names of all male persons who shall make and subscribe the following oath: I do solemnly swear that I am a citizen of the United States; that I have resided in Georgia twelve months, and that on the first Wednesday in December next I will have been a bona fide resident of the town of Barney sixty days; that I am twenty-one years old, and have paid all taxes legally required of me by said town, so help me God, said oath to be subscribed in the presence of the clerk. The clerk shall open such registration book thirty days before each regular election, which shall be kept open each day except Sunday and legal holidays, until five days before the election, when said book shall be closed. Registration of voters. Sec. 10. Be it further enacted, That any person voting at any election of said town who is not a qualified voter according to the provisions of this charter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in section 1239 of the Penal Code of this State of 1895. Illegal voting. Sec. 11. Be it further enacted, That no person shall be eligible to the position of mayor or councilmen of said town unless he is twenty-one years of age, a citizen of the United States and Georgia, and shall have resided in the town of Barney six months previous to the election. Qualification of mayor.

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Sec. 12. Be it further enacted, That the mayor and the other officers of said town shall receive such compensation for their services as may be fixed by the council, which shall not be increased or diminished during their term of office. Salaries. Sec. 13. Be it further enacted, That the mayor and councilmen shall have the power to make and pass all ordinances, by-laws, rules and regulations which may be necessary for the good government, peace and health of said town, and to enforce the same; provided, they are not in conflict with the laws and Constitution of the State of Georgia nor the United States. Police powers. Sec. 14. Be it further enacted, That for the purpose of raising revenue for the support and maintaining of the town government, the mayor and town council of Barney shall have full power and authority and shall prescribe by ordinance for the assessment, levy and collection of an ad valorem tax on real and personal property within the corporate limits of said town, to defray the annual expenses of the town government, said tax not to exceed one per cent.; and shall have the right to supervise and revise the returns of both real and personal property, and to double tax all persons failing or refusing to make returns of their property. Taxation. Sec. 15. Be it further enacted, That the mayor and council of Barney shall have the power and authority to license, regulate and control all hotels, cafs, restaurants, boarding-houses, livery stables, hacks, drays and all other vehicles; auctioneers; itinerant traders, shows, circuses and exhibitions of all kinds; itinerant lightning-rod dealers, peddlers of all kinds, itinerant dealers in jewelry, and all other traveling and itinerant venders of articles, goods, wares and merchandise of every nature whatsoever; pool, billiard, bagatelle or any other tables kept for profit; shooting-galleries, ninepin or tenpin alleys, or any other gaming tables, stand or place for the performance of any game or play, whether played with sticks, balls, rings or other contrivance; flying horses, bicycle shops, skating-rinks; insurance agents, life or fire insurance companies, brokers and agents for any other business whatsoever; dealers in fish, vegetables or any other commodity; beef markets, and all other establishments, business, calling or avocation not heretofore mentioned and which, under the laws and Constitution of the State of Georgia, are subject to license. Licenses. Sec. 16. Be it further enacted, That there shall be a lien on all real estate within the corporate limits of said town for the town taxes assessed thereon, and for all fines and penalties imposed upon the owners thereof by the authorities of said town

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from the time the same are assessed or imposed, which liens shall have priority over all others except for taxes due the State and county, and they may be enforced as the law provides liens for county taxes may be enforced, or in such manner as the mayor and council may provide. Tax liens, etc. Sec. 17. Be it further enacted, That the mayor and council of Barney shall have power and authority to levy and collect a street tax in addition to other taxes, a tax not to exceed five dollars upon each and every male person within the corporate limits of said town subject to road duty under the laws; provided, that said persons so taxed shall have an opportunity to work the streets and may relieve themselves of said tax by working on the streets not exceeding fifteen days in each year, under the supervision of the marshal. Any person or persons refusing to pay said tax or work the streets in lieu thereof, may, after five days' notice, be sentenced by the mayor to work on the streets, or imprisonment for not more than thirty days. Thirty days continuous residence in the incorporate limits of said town shall be sufficient to constitute one a resident of said town so as to subject him to a liability to pay said street tax. Street tax Sec. 18. Be it further enacted, That the mayor and council shall have power and authority to pass and enforce any ordinances and regulations providing for the arrest, trial and punishment of any offenders against the charter and by-laws of said town, by fine, imprisonment or work on the streets, one or more of said punishments; provided, said fine shall not exceed fifty dollars, and said imprisonment or period of labor shall not exceed sixty days. Offenses against municipal law. Sec. 19. Be it further enacted, That the mayor shall be chief executive officer of said town; he shall have power to appoint special police, and shall have full control of same; he shall have power to try, sentence and punish all offenders against the laws of said town; to compel attendance of witnesses, to examine them under oath, to admit any offender to bail or to commit him to the guard-house or county jail; he shall have power to issue executions for all fines, penalties and costs imposed by him. Police. Sec. 20. Be it further enacted, That the mayor, or the mayor pro tem. when acting as mayor, shall be ex officio justice of the peace; shall have full power and authority to issue warrants for the arrest of any person charged with the commission of any offense against the laws of this State, within the corporate limits of said town; hear testimony under oath as to the guilt or innocence of the person accused; to commit the accused to

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the county jail or the guard-house of said town, or to require bond with good and sufficient security (if the offense is a bailable one) for the appearance of the accused before any court authorized by law to determine the case. Mayor's court. Sec. 21. Be it further enacted, That the mayor and council of said town shall have the power to take up and impound any horses, mules, hogs, goats, sheep, cows or other cattle running at large in said town, and to make and enforce all ordinances which they may deem necessary and proper for the regulation and control of all such animals in said town. Pounds. Sec. 22. Be it further enacted, That it shall be the duty of the marshal of said town to arrest or cause to be arrested all disorderly persons; all persons committing or attempting to commit any crime within the corporate limits of said town, and to commit them to the guard-house or the county jail to await trial; to execute all processes and orders of said town, and discharge any other duties imposed upon him by the laws and ordinances of said town. Arrests. Sec. 23. Be it further enacted, That the mayor and council shall have exclusive control of the streets and alleys of said town, and shall have the power and authority to make any person obstructing any street or alley to remove such obstruction at his or her expense; and to declare and abate all nuisances. Streets, etc. Sec. 24. Be it further enacted, That said mayor and council shall have the power and authority to issue bonds for public improvements in said town subject to the limitations and regulations provided in such cases by the general law of the State of Georgia. Bonds. Sec. 25. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 6, 1903.

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BARWICK, TOWN OF INCORPORATED. No. 460. An Act to incorporate the town of Barwick, Brooks and Thomas counties, Georgia; to define the corporate limits of said town; to confer upon the mayor and councilmen of said town certain rights, powers, privileges and duties to the same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the town of Barwick, in the counties of Brooks and Thomas, be, and the same is, hereby incorporated as a town under the name of Barwick. Barwick, town of incorporated. Sec. 2. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the corporate limits of the town of Barwick, in the counties of Brooks and Thomas, shall extend and embrace a radius of one half of a mile, the depot of the Georgia Northern Railway Company to be the center of said town. 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 councilmen, who are hereby constituted a body corporate under the name and style of the mayor and council of the town of Barwick, and by that name and style shall have perpetual succession, and to do all acts relating to their corporate capacity, and shall be capable in law to purchase, hold, receive, enjoy and possess, to retain to them and their successors, for the sole use and benefit of said town of Barwick, 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 councilmen. Sec. 4. Be it further enacted by the authority aforesaid, That on the second Monday in September, 1903, and annually thereafter for councilmen, and biennially thereafter for mayor, an election shall be held in the school building in said town. The mayor to hold office for two years, and the councilmen after the first election shall hold office for two years; but at the first election two of the councilmen shall be chosen for one year and the other three for two years; the terms of office of each and all elected to begin with the first Monday in

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October after their election. Said election shall be held and conducted in the same manner as the election for county officers in this State, and the certificates of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the office to which they have been elected. Elections for mayor and councilmen. 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 counties, and who have been bona fide residents in said town for six months previous to the election whereat they shall offer to vote. Voters. Sec. 6. Be it further enacted by the authority aforesaid, That before entering upon the discharge of their duties the mayor and councilmen shall take and subscribe the following oath: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as mayor (or councilman, as the case may be) in the town of Barwick, counties of Brooks and Thomas, Georgia, to the best of my ability and under-standing, so help me God, which oath may be administered by any officer who, under the laws of the State, is authorized to administer oaths. Oath. Sec. 7. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have power and authority to elect a marshal and clerk, and to prescribe the duties of such officers and require of them such bonds as they may deem necessary; but no salary whatever shall be paid to said mayor and councilmen or other officers, except the marshal, who shall act as clerk, tax-receiver and tax-collector. Marshal and clerk. Sec. 8. Be it further enacted by the authority aforesaid, That there shall be a mayor's court for the trial of all offenders against the laws and ordinances of the town, to be held by the mayor, and in his absence or disqualification by the mayor pro tem. Said court shall have power to preserve order and compel the attendance of witnesses, to punish for contempt by imprisonment not exceeding two days, or a fine not exceeding ten dollars, or both. Mayor's court. Sec. 9. Be it further enacted by the authority aforesaid, That the mayor, or in his absence or disqualification the mayor pro tem., shall, as often as may be necessary, hold a police court, to be known as a mayor's court, for the trial of all offenders against the laws and ordinances of the town of Barwick. Said mayor's court shall have full power and authority, upon conviction, to sentence such offenders to labor upon the streets or

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public works for a period not exceeding sixty days, or to impose a fine not to exceed one hundred dollars; either or all the penalties may be imposed, in the discretion of the court. Mayor's court. Sec. 10. Be it further enacted by the authority aforesaid, That the mayor of said town shall be ex officio a justice of the peace as far as to authorize him to administer oaths, attest deeds, mortgages or any other instrument or paper which a justice of the peace is authorized to attest; to issue warrants for any offenses committed within the corporate limits of said town against any law or ordinance of said town or of this State; and when the offense is against the State the mayor may hear evidence and commit to jail or take bond for appearance before the State court having jurisdiction of the offense, as a justice of the peace could do. If the offense charged in the warrant be one against the laws or ordinances of the town the arresting officer shall carry the accused before the mayor's court and none other, and shall there be disposed of as other cases of arrest not made under warrant. All warrants issued by the mayor or those acting in his stead shall be directed To the chief of police of Barwick, or any marshal thereof, and to all and singular the sheriffs, deputy sheriffs and constables of this State, and any one of said officers shall have the same authority to execute said warrants as the sheriffs have to execute criminal warrants. Mayor, powers of Sec. 11. Be it further enacted, That the authorities of said town shall have power and authority to condemn and appropriate as hereinafter provided private property for public use; to lay off and open new streets, alleys, lanes, or other ways for the convenience of the public or any citizen of said town; to vacate, alter, widen, curb, pave and keep in good order and repair all streets, avenues, alleys, lanes, sidewalks or other ways, drains, sewers and gutters for public or private use; to improve and light the streets, public parks and grounds; to furnish water and lights for private use, and to charge there for; to keep all public grounds, streets, sidewalks, crosswalks, avenues, alleys, lanes, or other ways free from obstruction of any kind; to regulate the width of crosswalks and sidewalks in the streets; to grade and change the grade of any and all streets, sidewalks, crosswalks, avenues, alleys, lanes or other ways without any liability for damage therefor. Streets, etc. Sec. 12. Be it further enacted, That the mayor and council of Barwick shall have power and authority to license, regulate and control all taverns, hotels, cafs, restaurants, boarding-houses, livery stables, hacks, drays and other vehicles, auctioneers,

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vendue-masters, itinerant traders, theatrical performances, shows and circuses, and upon all other establishments, business or callings or avocations not hereinbefore mentioned, and which, under the laws and Constitution of the State of Georgia, are subject to license. Sec. 13. Be it further enacted, That the mayor and council of the town of Barwick shall have power to levy and collect a street tax in addition to other taxes, a tax not exceeding three dollars upon each and every male person between the ages of sixteen and fifty years, except licensed ministers of the gospel who are in the regular discharge of ministerial duty and in charge of one or more churches; provided, that any person so taxed shall have the opportunity to work the streets of said town, and may relieve themselves of said tax by working on the streets of said town for six days under the control of the town marshal or other officer of said town. Be it further enacted by the authority aforesaid, That upon the non-payment of said street tax or failure to work on the streets as provided in this section, the person so offending, after five days' notice, may be sentenced to work on the streets of said town for a number of days, sufficient to pay all such taxes assessed against him, at fifty cents per day, upon conviction before the mayor's court. Street tax. Sec. 14. Be it further enacted, That for the purpose of raising revenue for the support and maintaining the town government the mayor and councilmen of Barwick shall have full power and authority, and shall prescribe by ordinance for their assessment, levy and collection of an ad valorem tax on real and personal property within the corporate limits of said town to defray the ordinary annual expenses of the town government, a tax not to exceed one per cent.' to maintain a system of schools, as now established by law, a tax not to exceed one per cent., and to pay any other ordinary expenses of the town government, such tax not to exceed one per cent., as may be necessary, in the discretion of the mayor and town council of the town of Barwick. Taxation. Sec. 15. Be it further enacted, That the authority aforesaid shall have power and authority to grant franchises for water-works, gas works electric lights, telegraph and telephone lines through the streets and alleys of said town upon such terms and conditions as said mayor and town council by ordinance prescribe. Franchises. Sec. 16. Be it further enacted, That should any person fail or refuse to pay the town tax or license, or tax and licenses

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imposed by the town authorities according to this charter within the time allowed or prescribed by the ordinances of said town, the clerk shall issue an execution against said delinquent for the amount due by him to said town, which shall bear test in the name of the mayor and the clerk of said town. Said execution shall bind all the property that said defaulting taxpayer shall have; if the property levied upon be personal property, advertise for sale by posting notices thereof in three or more public places in said town 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 papers wherein the sheriffs' sales for Brooks and Thomas counties are advertised, or some newspaper published in said town, before selling the same. All sales under such execution shall be made by the town marshal before the town hall, or at such place as the mayor may direct, notice of which place and time of sale shall be contained in the advertisements. The property levied upon shall be sold by the marshal at public outcry, under the laws of sheriff's sales, to the highest and best bidder. When personal property is sold by the marshal he shall deliver possession thereof on the spot to the purchaser. When real estate is sold the marshal shall make to the purchaser a deed which shall be effectual in passing the title as the deed of the person against whom the execution issued; and it shall be the duty of such marshal, upon the application of the purchaser or his agent, to put said purchaser or his agent in possession of the real estate sold; provided, that said marshal be not authorized to turn out any other person than such delinquent taxpayer, his heirs, tenants or assigns. The clerk shall be entitled to fifty cents for each fi. fa. issued, and the marshal shall be entitled to the same fees for the levies as are by law allowed a bailiff in this State, and the same fees for selling as are received by the sheriff in this State. Tax fi. fas. etc. Sec. 17. Be it further enacted, That the said mayor and councilmen shall have power and authority to build and provide for a council chamber; to establish and provide by regulations for a town guard-house, in which to confine for punishment, when necessary, persons sentenced by the mayor for violating the town ordinances or any of the penal sections of this charter, and for safe detention of any disorderly person, and all persons committing or attempting to commit crime; and the marshal or any policeman of said town shall have the right to take up disorderly persons and all persons committing or

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attempting to commit any crime and confine them in the guardhouse to await for trial. Public buildings. Sec. 18. Be it further enacted, That the mayor and councilmen shall prescribe by ordinance the time and manner in which, and the officer or officers to whom all property, occupations, etc., shall be returned for taxation by the said town, and it shall be the duty of the assessor, or assessors, to value the real estate for taxation, and to scrutinize carefully each return of property, real or personal, by any taxpayer in the said town, and if in his or their judgment they shall find the property embraced in the return, or any portion of it, returned below its value, said assessor or assessors shall assess the value thereof within fifteen days, or such other time as may be prescribed by the mayor and councilmen. When the assessor or assessors shall raise the valuation at which the taxpayer has returned his property, said assessor or assessors shall give him written notice of their assessment, and it shall be the taxpayer's privilege, if dissatisfied with the assessment, to appeal to the mayor and councilmen under such rules and regulations as they may prescribe. Tax returns. Sec. 19. Be it further enacted, That the mayor and councilmen of said town shall have full power and authority to make and enforce for any length of time such rules and regulations as they may deem proper to prevent the introduction into said town of any infectious or contagious disease, or to isolate, localize or prevent the spread or increase of the same when found in the town. Health. Sec. 20. Be it further enacted, That the mayor and councilmen shall be forever prohibited from granting license in any form to any person for the sale of spirituous liquors within said corporation of Barwick. Sale of liquor. Sec. 21. Be it further enacted by the authority aforesaid, That said town council shall have power and authority to offer and pay suitable rewards for the detection, prosecution and conviction of persons committing within the limits of said town crimes against either the laws of the State of Georgia or against the rules, regulations and ordinances of said town of Barwick. Rewards. Sec. 22. Be it further enacted by the authority aforesaid, That to carry into effect the powers conferred upon said town 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 town, the town council shall have the power and authority to make and pass all needful by-laws,

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ordinances, resolutions, rules and regulations not contrary to the Constitution and laws of this State. General powers. Sec. 23. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. BELOIT, TOWN OF INCORPORATED. No. 278. An Act to incorporate the town of Beloit, in the county of Lee; to define the limits of the same; to provide for municipal government therefor; to provide for a mayor and three councilmen therefor, and other officers for said town; to prescribe their duties and powers; to provide for the making of all laws, rules and regulations and ordinances for the proper government and control of said town and the enforcement of its ordinances, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That the town of Beloit, in the county of Lee, be, and the same is, hereby incorporated as a town under the name and style of the town of Beloit. Beloit, town of incorporated. Sec. 2. Be it further enacted, That the corporate limits of the said town shall extend for a distance of one half mile from the house of W. W. McDonald, in each direction, forming a circle. Corporate limits. Sec. 3. Be it further enacted, That the municipal government of said town shall consist of a mayor and three councilmen, who are hereby constituted a body corporate, and in the name of the town of Beloit shall have perpetual succession, have and use a common seal, buy and sell, lease or rent real or personal estate for the use of said town, sue and be sued, plead and be impleaded, and otherwise do such acts as are consistent with corporations of like character. Mayor and councilmen. Corporate powers. Sec. 4. Be it further enacted, That immediately after the passage of this Act it shall be lawful for the justice of the peace of the militia district in which the aforesaid town is located to post a notice, which notice shall state that an election will be held within ten days for the purpose of electing a mayor and council for the town of Beloit, and also stating the place, which place shall be within the limits of the said town of Beloit. At the expiration

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of the said ten days it shall be lawful for any justice of the peace and two freeholders residing in the said town, or three freeholders, to conduct the said election, and certify the same, giving a certificate of election to each successful candidate in said election, who may be sworn in by any officer authorized to administer oaths. Election for mayor and councilmen. Sec. 5. Be it further enacted, That each of the aforesaid officers, before entering on the discharge of his duties, shall take and subscribe the following oath: Ido solemnly swear that I will well and truly perform the duties of (mayor or council as the case may be) of the town of Beloit for the term to which I am elected, so help me God. Oath. Sec. 6. Be it further enacted, That the mayor and council so elected shall hold their offices until the first Tuesday in January succeeding their election, at which time an election shall take place for mayor and council for the ensuing year, and after this time regularly on the first Tuesday in January each year thereafter, which elections shall be conducted in the manner of elections for members of the General Assembly, and the returns thereof made to the mayor and council of the said town. All vacancies shall be filled by the mayor and council in case of death, resignation or removal. And all contested elections shall be heard and determined by the said mayor and council, with the right of appeal to the superior court under the usual rules of appeal. Annual elections. Sec. 7. Be it further enacted, That the mayor and council shall have the right to select such marshal, secretaries or other subordinate officers as they may deem fit for the proper carrying on of the business of the said town, and to provide for their compensation and qualifications and bonds. Officers of town. Sec. 8. Be it further enacted, That the said mayor and council shall have power to pass all needful rules and regulations, ordinances and by-laws as they may deem necessary for the good government, good order, peace and health of the said town, and for the enforcement of all powers herein granted, not repugnant to the laws of the State or the United States. General powers. Sec. 9. Be it further enacted, They shall have authority to enforce the laws, by-laws, ordinances of the said town by such fine or imprisonment as they may fix for a violation of said ordinances, rules or by-laws, and may establish a town chain-gang in which to work violators of the same; provided, that no fine assessed by the authorities of said town shall exceed fifty dollars, and no sentence to work or imprisonment shall be for a longer time than thirty days. Powers. Sec. 10. Be it further enacted, That they shall have authority to assess a property tax not to exceed one half of one per cent.

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on all the real and personal property in the said town subject to taxation, and may levy a specific license on shows, markets, livery stables or other businesses carried on in said town in such amount as is necessary for the providing of a revenue for the said town. They may, and shall, levy a commutation tax on each person in the said town subject to work the streets of the same, which may be discharged by money or work as may be best. Said commutation tax being in lieu of road work which may be required of the citizens of said town not to exceed ten days per annum, but may be discharged by the aforesaid payment in cash. Taxation and licenses. Sec. 11. Be it further enacted, That the said mayor and council shall have power to fix the times and manner when the said revenues shall become due, the method of collection, to provide for sales of property if the same are not paid, and otherwise enforce the rights herein given. Collection of revenue. Sec. 12. Be it further enacted, That they shall have power to pass all needful rules, ordinances and by-laws as may be necessary to compel the attendance of witnesses at courts, to examine and admit to bail, to provide for appeals to the council from the decision of the mayor, who shal be the chief executive officer of the said town, and who shall hold his court at stated times and places for the trial of offenders. Mayor's court. Sec. 13. Be it further enacted, That the proceedings of the mayor's court shall be kept in the manner of the dockets of justices of the peace and are subject to examination of the public; that all the minutes and proceedings of the mayor and council, or any branch of the town government, shall be kept of record in well-bound books, for preservation, and shall show in full the official proceedings of the said body. Mayor's court. Sec. 14. Be it further enacted, That the said authorities may, if they deem necessary, provide for the establishment of a dispensary in the said town, under the authority of the county officials of Lee county, but shall grant no licenses for the sale of whisky by private individuals in the said town. Dispensary. Sec. 15. Be it further enacted, That they may do such other and further acts as may not be in conflict with the laws, and as shall be for the public good of the said town. Repealing clause. Approved August 4, 1903.

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BLAKELY, CHARTER AMENDED. No. 353. An Act to amend the charter of the city of Blakely, 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 present charter of the city of Blakely as contained in the Act of the General Assembly 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, and the Acts amendatory thereof be, and the same is, hereby amended by adding the following provisions and additions to said charter, to wit: Elections in the city shall be held in the following voting places, to wit: at the court-house in said city, and at the store now occupied by the Flowers Brothers Lumber Company as an office, or at some other place near to said store, to be located by the city council, there being three managers at each of said voting places. Any legal voter of said city may vote at either of said voting places at his choice, but a failure to open the polls at the polling place last named shall not invalidate any election. A copy of the registration list for each election shall be furnished to each polling place. The city council of Blakely may provide for a sufficient number of boards of commissioners to whom they may confide the regular management and control of the public utilities which are now owned and operated by the said city of Blakely. The city council of Blakely shall have the right to exercise the power of eminent domain, and they may condemn or purchase property, private or public, for public purposes anywhere within what are known as the school limits of said city. Blakely, municipal elections. Public utilities, now controlled. Eminent domain. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903.

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BOSTON, CHARTER AMENDED. No. 408. An Act to amend an Act entitled an Act to incorporate the town of Boston in the county of Thomas, in this State, approved October 24, 1870, and the several Acts amendatory thereof, so as to authorize the mayor and aldermen to establish a system of water-works and sewerage in said town, and for other purposes. Section 1. Be it enacted by the Senate and House of Representatives of Georgia in General Assembly met, and it is hereby enacted by authority of the same, That from and after the passage of this Act the Acts above recited be, and the same are, hereby further amended by adding to the last above recited Act an additional section to be known as section eleven, and to read as follows: Be it enacted by the authority aforesaid, That the mayor and aldermen of the town of Boston, in this State, be, and they are, hereby authorized to erect and maintain a system of water-works and sewerage, and to provide a system for lighting the streets and public buildings therein, and for this purpose to issue bonds in the name of said town to an amount not exceeding in the aggregate the sum of twelve thousand dollars ($12,000) each and to bear interest at a rate not to exceed six per cent. (6 per cent.) per annum, payable annually on the 1st day of December of each year, to which shall be attached coupons representing the annual interest on each of said bonds; one third of said bonds to run for a term of ten years; one third to mature at the end of fifteen years, and the remaining one third to mature at the end of twenty years from the date of the issuing thereof. Said bonds not to be disposed of at less than ninety cents on the dollar of the par value thereof, and the proceeds of said bonds to be used only for the erection and maintenance of a system of water-works and sewerage, and for providing a system of lighting the streets and public buildings of said town. Boston, water-works, sewerage and lights. Bonds for. Sec. 2. Be it further enacted by the authority aforesaid, That before issuing the bonds provided for in the preceding section, it shall be the duty of said mayor and aldermen to submit to the qualified voters of said town at an election to be held not less than 30 days before said bonds are issued, and of which election public notice shall be given in said town for at

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least 20 days before the holding thereof; the question of issuing the bonds herein provided for, the ballots to be voted at said election to have printed or written on them For bonds or Against bonds; and if upon counting the ballots cast at such election it shall appear that two thirds of the qualified voters of said town shall have voted For bonds then it shall be low-ful for the mayor and aldermen, after the expiration of 30 days from the date at which said election was held, to issue and dispose of the bonds herein provided for; and it shall be the duty of said mayor and aldermen to cause to be levied and collected a tax sufficient to discharge the interest accruing on said bonds during each year that the same are outstanding and to pay the principal of said bonds as the same shall mature. Ratification. Sec. 3. Be it further enacted by the authority aforesaid, That all elections held under this Act shall be conducted in accordance with the rules and regulations prescribed for the electing of mayor and aldermen; and if at any election held under this Act it shall appear that less than two thirds of the qualified voters of said town shall have voted For bonds, then no other election shall be held under this Act until after the expiration of six months from the date of such election. Elections, how held. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 18, 1903. BOYKIN, TOWN OF INCORPORATED. No. 280. An Act to incorporate the town of Boykin, in the county of Miller, State of Georgia; to define its corporate limits; to provide a municipal government for said town, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, That the town of Boykin, in the county of Miller, be, and the same is, hereby incorporated as a town under the name of the town of Boykin. Boykin, town of incorporated. Sec. 2. Be it further enacted, That the corporate limits of said town shall be as follows: Commencing where the public road crosses the Georgia, Florida Alabama Railway Company,

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in said town of Boykin, and extending in every direction one half mile. Corporate limits. Sec. 3. Be it further enacted, That the municipal government of said town shall consist of a mayor and four aldermen, who are hereby constituted a body corporate under the name and style of the mayor and council of the town of Boykin, and by that name and style shall have perpetual succession, and to do all acts relating to their corporate capacity; and shall be capable in law to purchase, hold, receive, enjoy, possess, condemn and to retain to them and their successors for the sole use and benefit of the said town of Boykin, in perpetuity or for a term of years, any real or personal property that is within the limits of said town, and to sell, exchange or lease the same in any way whatever. Mayor and aldermen. Corporate powers. Sec. 4. Be it further enacted, That J. W. Kem be, and he is, hereby appointed mayor; that J. S. Cliffton, T. J. Ramsey, Charlie Howard and O. E. Hixon are hereby appointed aldermen of said town of Boykin, to hold their offices until their successors are elected and qualified as hereinafter provided. Mayor and aldermen pro tem. Sec. 5. Be it further enacted, That on the first Monday in January, 1904, and annually thereafter, there shall be held an election in said town for mayor and aldermen; that said election shall be conducted in the same manner as elections for county officers in the State, and the certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of their duties of the office to which they were elected; in case there is no justice of the peace residing in the town of Boykin then the election may be held by any three disinterested persons who reside in said town. Annual elections. Sec. 6. Be it further enacted, That the qualified voters of said town shall be all such persons as are qualified to vote for members of the General Assembly of said county and who have been residents bona fide of said town one month previous to the election whereat they shall offer to vote. Voters. Sec. 7. Be it further enacted, That the mayor and aldermen, before entering upon their duties as such, subscribe to the following oath, which may be administered by any officer of said State who is authorized to administer oaths, viz.: I do solemnly swear or affirm that I will faithfully discharge all the duties incumbent up me as mayor or alderman of the town of Boykin according the best of my ability, so help me God. Oath. Sec. 8. Be it further enacted, That said mayor and aldermen shall have power and authority to elect a marshal or marshals as they deem best, a clerk and a treasurer, and to

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require of any of said officers such bonds as they deem necessary; that the mayor and aldermen shall fix the price to be paid the marshal or marshals; that the marshal shall be tax-receiver and tax-collector of said town, and shall turn all taxes over to the treasurer of said town. Town officers. Sec. 9. Be it further enacted, That the mayor and aldermen shall have the power to elect a mayor pro tem., who shall act as mayor in all cases where the mayor is disqualified by reason of relationship or otherwise, or in case the mayor is not present to do all acts that the mayor could do in case he were present; that the mayor, the mayor pro tem. or the council, in case of an appeal to that body, shall have power to compel the attendance of witnesses, to examine them under oath, to punish them for contempt, and in case the mayor, the mayor pro tem. or the council, while in the investigation of a case, discovers that the offender has violated the State laws, then and in that event it shall be the duty of said mayor, mayor pro tem. or the council to bind the offender over to the courts of Miller county having jurisdiction of the offense. Mayor's court. Sec. 10. Be it further enacted, That the mayor and aldermen shall have the power to make and pass all ordinances, by-laws, rules and regulations that they deem necessary for the good order, peace, dignity and health of said town, provided they are not in conflict with the Constitution of Georgia or the United States. General powers. Sec. 11. Be it further enacted, That the mayor and aldermen shall have the power to provide for the arrest, trial and punishment of offenders against any ordinance, by-law, rule or regulation of said town by fine, imprisonment or work on the streets of said town, and any one or more of the punishments may be ordered in the discretion of the mayor, the mayor pro tem. or the council, as the case may be, provided said fine shall not exceed one hundred dollars and such imprisonment shall not exceed six months. Mayor's court. Sec. 12. Be it further enacted, That the mayor and alderman shall have power to levy a tax not to exceed one fourth of one per cent. on all property, real and personal, that is within the corporate limits of said town, for the purpose of paying the expense of said town; that all persons who have resided in said town for one month and who are subject to road duty under the laws of Georgia shall be subject to work on the streets of said town; that the mayor and council of said town shall have the right to relieve those who are subject to street duty by allowing them to pay a commutation tax, to be fixed by said

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body. That the marshal of said town shall be required to summon all persons within the limits of said town to work the streets, and all the notice that shall be necessary shall be done by word of mouth. Taxation. Sec. 13. Be it further enacted, That the mayor and council shall be forever prohibited from granting license in any form to any one to sell spirituous, vinous, malt or other intoxicating liquors within said town of Boykin; that the mayor and aldermen shall have the right to pass an ordinance prohibiting any one from keeping any kind of intoxicants within the corporate limits of said town. Sale of liquor. Sec. 14. Be it enacted, That in case of the death or resignation of any member of the corporate body that the mayor or mayor pro tem. shall order an election to fill the vacancy, provided five days' notice be given of said election by posting notice in three different places within the corporate limits of said town. Vacancies. Sec. 15. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 4, 1903. BRONWOOD, CHARTER AMENDED. No. 247. An Act to amend section 2 of the Act of the General Assembly of Georgia of the session of the year 1882-3, incorporating the town of Bronwood, in the county of Terrell, approved September 24, 1883, as amended by the Act of the General Assembly of Georgia of the session of the year 1894, approved December 17, 1894, by adding to the aforesaid amended section of said Act the following words: except on the west side of said town where, beginning at the point where the one half mile limit of said corporation intersects the north line of the right of way of the Central of Georgia Railway Company, the limit of said corporation shall run southwest along the northern line of the right of way aforesaid for a distance of two hundred feet; thence in a northern direction a distance of eight hundred feet; thence northeast a distance of two hundred feet, back to the original one half mile limit of said corporation, thus enlarging the corporate limits of said town, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia,

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and is hereby enacted by authority of the same, That from and after the passage of this Act section 2 of the Act of the General Assembly of Georgia of the session of the year 1882-3, incorporating the town of Bronwood, in the county of Terrell, approved September 24, 1883, as amended by the Act of the General Assembly of Georgia of the session of the year 1894, approved December 17, 1894, be, and the same is, hereby amended by adding to said amended section the following words, to wit: except on the west side of said town where, beginning at the point where the one half mile limit of said corporation intersects the north line of the right of way of the Central of Georgia Railway Company, the limit of said corporation shall run southwest along the northern line of the right of way aforesaid for a distance of two hundred feet; thence in a northern direction a distance of eight hundred feet; thence northeast a distance of two hundred feet back to the original one half mile limit of said corporation, so that said amended section, when amended, shall read as follows: Bronwood. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town of Bronwood shall extend one half mile in every direction from the court-house in said town except on the west side of said town where, beginning at the point where the one half mile limit of said corporation intersects the north line of the right of way of the Central of Georgia Railway Company, the limit of said corporation shall run southwest along the northern line of the right of way aforesaid for a distance of two hundred feet; thence in a northern direction a distance of eight hundred feet; thence northeast a distance of two hundred feet back to the original half mile limit of said corporation. Corporate limits. Sec. 3. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved July 30, 1903.

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BRUNSWICK, CHARTER AMENDED. No. 351. An Act to amend the charter of the city of Brunswick, so as to provide compensation for the members composing the board of alderman of said city, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and is hereby enacted by authority of the same, That the several Acts incorporating the city of Brunswick in the county of Glynn, and the several Acts amendatory thereof, be, and they are, hereby amended so as to provide that each alderman of said city may receive as compensation a sum not exceeding five dollars ($5.00) for each and every regular meeting held by the mayor and alderman of said city. That the amount of such salary or compensation may be fixed annually by the said mayor and alderman in the same manner and at the same time the salary of the mayor of said city is fixed and prescribed; provided, that no alderman shall receive the compensation aforesaid for any meeting of said mayor and alderman at which he shall fail to be present; provided further, that in no event shall any alderman receive a sum greater than one hundred dollars ($100) per annum under the provisions of this Act. Brunswick. Salaries of aldermen. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903. BUFORD, CHARTER AMENDED. No. 313. An Act to amend an Act entitled an Act to repeal all laws and amendments to laws heretofore passed incorporating the town of Buford, in the county of Gwinnett, and to establish a new charter for the same, approved December 23, 1896, said Act creating a charter for the city of Buford, so as to authorize and provide as follows: to provide for elections held in said city of Buford; to define the authority of the marshal and policemen; to provide for levying and collecting an ad valorem tax not to exceed one per cent. on the taxable property of said city for ordinary purposes and for the purpose of paying both principal and interest of all bonds to be issued by said city of Buford; to provide for issuing bonds for public improvements generally, and especially water-works and electric light plant for said city, and to operate the same; to permit the granting of franchises to public utilities by said city; to define and explain said Act approved December 23, 1896; to confer upon said city all the necessary rights and privileges usually enjoyed by the citizens of Georgia in incorporated cities, and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act section 8 of said Act, approved December 23, 1896, be amended as follows: By adding after the word Act in the fifteenth line thereof and before the word after, the following: All elections shall be by ballot, and shall be held at such place or places as the mayor and council shall determine. The polls shall open at 7 o'clock a.m., and close at 6 o'clock p.m. The mayor and council may provide for the pay of managers and clerks; so that when said section is amended, it shall read as follows: Section 8. Be it further enacted, That on the first Monday in January, 1898, and annually thereafter on the same date, an election shall be held for mayor and councilmen for said city. The mayor and council shall appoint three freeholders who shall be electors under this Act as managers of such elections, whose duty it shall be to receive and count the votes polled; and the mayor shall cause to be published, either in the newspaper of said city or by posting the names of the managers and the place where the election shall be held, at least ten days previous to the day of said election. Said managers, before proceeding with said election, shall be sworn as prescribed in sections 1283 and 1284 of the Code of Georgia; provided, however, that the first election under this Act shall be held according to the provisions of section seven of this Act, and the persons elected at said first election shall hold office according to the provisions of section four of this Act. All elections shall be by ballot, and shall be held at such place or places as the mayor and council shall determine. The polls shall open

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at 7 o'clock a.m. and close at 6 o'clock p.m. The mayor and council may provide for the pay of managers and clerks. After all votes for mayor and councilmen shall have been duly counted by the managers, they shall cause two copies of the tally-sheets to be made out, one of which they shall deliver to the mayor and the other shall be retained by them. The persons elected shall be notified of the same by a certificate issued by the mayor. Buford. Annual elections for mayor and council. Sec. 2. Be it further enacted by the authority aforesaid, That section 23 of said above mentioned Act, approved December 23, 1896, be amended as follows: By striking from the ninth line of said Act the words one half of, so that said section, when amended, shall read as follows: Section 23. Be it further enacted, That the council shall cause to be annually made up and entered upon its journal an accurate estimate of all sums which are or may be lawfully chargeable upon said city, and which ought to be paid within one year, and shall order a levy of such tax as may, in the opinion of the council, be necessary to pay the same. The tax may be levied upon all property real and personal within said city, upon banking insurance capital employed therein; provided, that no tax upon property exceed one per cent. of the value thereof. The council shall have authority to levy and collect a specific tax upon factors, bankers, agents or managers of gift enterprises, shows of all sorts, and upon all persons exercising within the city any profession, trade or calling, or any business of any nature; provided, said tax is not in conflict with any law of this State. Taxation. Sec. 3. Be it further enacted, That the mayor and council of the city of Buford shall have power and authority to provide for the erection and maintenance within said city or without the same, of electric light plants and water-works, or gas plants, schoolhouses, public buildings, sewers, paving, grading, laying out and improving streets, make any and all needful and necessary orders, rules and regulations, contract with individuals or corporations, and to take or damage private property for any of said purposes, and to make compensation therefor, and to provide by ordinance for assessing or otherwise ascertaining the amount of compensation, and do all such other acts necessary to carry into effect a full and unlimited power of the authorities of said city for the public welfare of said city of Buford. Electric lights and waterworks. Sec. 4. Be it further enacted, That said mayor and council shall have power and authority to issue bonds of said city for any of the purposes mentioned in the preceding section, not to

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exceed in the aggregate the sum of thirty thousand dollars, 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 council may determine, and with such rate of interest not exceeding six per cent., and have such covenants and conditions as the mayor and council shall deem best. Said bonds to be issued and sold for the purpose of or purposes of establishing, maintaining and operating or contracting with any other person or corporation for the establishing, maintaining and operating a system of waterworks and electric light or other light plant, or gas plants, schoolhouses, public buildings, sewers, paving, grading, laying out and improving streets in and for said city. Said bonds to be signed by the mayor and countersigned by the clerk under the corporate seal of said city, and shall be negotiated in such manner as said mayor and council shall determine to be for the best interest of said city; provided, however, that said bonds for any purpose shall not be issued until the question of issuing 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, as herein-after provided for. Municipal bonds. Sec. 5. Be it further enacted, That whenever it is deemed expedient or desirable by the mayor and council of said city to issue bonds as prescribed in the preceding section, 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 recite, shall be issued, and 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, in the county of Gwinnett, notifying the qualified voters of the city of Buford that on a day named an election will be held in said city 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 is to be paid annually, and when said bonds shall be fully paid off. Said election shall be held on the day named in said notice, at the place for holding elections for mayor and councilmen, and shall be held by the same persons and the same manner and under the same rules and regulations that elections for mayor and councilmen for said city are held, as at the time of said election is required for elections for mayor and councilmen; that the voting shall be by ballot, and the ballots cast at

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said election shall contain the words For bonds or Against bonds; and unless For bonds shall receive two thirds majority of the qualified voters of said city, said bonds shall not be issued; but if For bonds shall received said two thirds votes, said bonds shall be issued. The test of qualified voters shall be determined from the registration list for said bond election. The result of said election shall be declared as provided for elections for mayor and councilmen for said city. Ratification. Sec. 6. Be it further enacted, That if, at the first election held under the provisions of the preceding sections, for any of the purposes therein named, the necessary two thirds of the qualified voters do not give their assent to the issuance of the bonds specified, then it shall be lawful for the city council within 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. 7. Be it further enacted, That the mayor and council shall have authority to grant franchises, by proper ordinances, to any electric light company, telephone company, street or other railroad company, sewerage company, water-works company, or other like utilities, or to grant same to any person or corporation under such restrictions and for such times as they see fit. Franchises. Sec. 8. Be it further enacted, That the Act described in the title of the Act, which was approved December 23, 1896, be declared to have the force and effect of creating and establishing a charter for the city of Buford, in Gwinnett county, and that the several sections of said Act be declared and defined as referring expressly to the corporation of the city of Buford. Sec. 9. Be it further enacted, That the marshal and policemen of said city are authorized to arrest anywhere within the limits of this State any person charged with violating any of the ordinances of the city of Buford; provided, that said marshal and policemen shall not be authorized to arrest any person or persons outside the incorporate limits of said city, except in obedience to a warrant signed by the mayor or acting mayor. Arrests. Sec. 10. Be it further enacted, That 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 marshal or policemen of said city, and shall require the person or persons therein named to be taken before the mayor's court of the city of Buford 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

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open court, unless continued under the rules of law so far as they can be applied to this court. Mayor's court. Sec. 11. Be it further enacted, That no person or persons shall be allowed to sell either by wholesale or retail, or furnish in any manner whatever for any consideration any whiskey, brandy, gin, beer, ale, bitters, cider or any other spirituous liquors of an intoxicating nature within the limits of the city of Buford; 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. Sale of liquor. Sec. 12. Be it further enacted, That said mayor and council shall in exercise of their police powers have authority to pass all ordinances they may think necessary to more effectually prevent the illegal sale of intoxicating liquors within said city, and to that end may provide ordinances punishing any person or persons keeping in said city any intoxicating liquors (except domestic wines) 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 the same illegally. The marshal or any policemen of said city shall have full power and authority to enter, and if necessary to break open and enter, any place in said city in which the mayor and council may have reasonable cause to believe there is intoxicating liquors kept for illegal sale, and to seize and hold as evidence all intoxicating liquors found therein. Police power. Sec. 13. Be it further enacted, That authority to carry out and make effectual by ordinance each and every power granted to the city of Buford in this Act, or heretofore granted, 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 Buford. General powers. Sec. 14. Be it further enacted, That in addition to the power and authority heretofore granted the mayor and council of said city in respect to levying tax and collecting the same, that the said mayor and council shall have the power and authority to levy and collect an ad valorem tax upon all real and personal property within the city of Buford for the purpose of paying the principal and interest upon any bonds which may be issued by said city, and that the said mayor and council may enforce the collection of such taxes as may be levied for

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any purpose on real and personal property by execution, and that the marshal shall have power and authority to sell any property real or personal after advertising the same as required by law, before the council chamber of the city of Buford, when such property is levied upon an execution issued in favor of the city of Buford for taxes due said city. Taxation. Sec. 15. Be it further enacted, That the mayor and council of said city shall have the power and authority to elect such municipal officers, besides those specified in the charter of said city, as may seem to them necessary and proper, providing therefor by ordinance, and in the same manner prescribing their duties and fixing their compensation. Officers. Sec. 16. Be it further enacted, That the corporate limits of the city of Buford be changed and extended so that after the passage of this Act said corporate limits of said city of Buford shall extend two and one half miles long, one and one fourth miles north from the Southern Railway depot in said city and one and one fourth miles south from said depot, and for the entire distance of two and one half miles; said territory shall be two miles wide, one mile east and one mile west from said railroad depot, forming an oblong square with the Southern Railway depot in the center, and containing five square miles; provided, however, that said limits shall not be extended so as to annex the town of West Buford to said corporate limits of the city of Buford until said town of West Buford shall determine the question thereof by submitting same to the qualified voters of said town of West Buford, and the majority of the voters voting at such election in said town of West Buford favor the annexation of said town to the city of Buford; and provided further, that until such action is taken by the said town of West Buford, the corporate limits of the city of Buford shall extend one and three fourths miles long, one and one fourth miles north from the Southern Railway depot in said city and one half mile south from said depot, and for the entire distance of one and three fourths miles; said territory shall be two miles wide, one mile east and one mile west from said railroad depot, forming an oblong square, containing three and one half square miles, and that the mayor and council shall have power and authority to divide the corporation into wards as they shall see proper. Corporate limits. Sec. 17. Be it further enacted, That power and authority is hereby specially conferred upon said mayor and council of the city of Buford to pass any and all such rules, orders, by-laws and ordinances for the purpose of establishing and maintaining

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a public school or schools in said city, with power to prescribe for the election by the people a board of trustees, and define and regulate their power and authority; to order an election for local taxation for public schools; to levy and collect taxes for school purposes after the ratification of same by election as aforesaid, and in general to do and perform any and all such acts as they, in their wisdom, may see fit and proper for the establishment and maintenance of a public school system in said city. Public schools. Sec. 18. Be it further enacted, That the State School Commissioner of the State of Georgia is hereby authorized and directed to pay to the proper officer of the board of trustees of the public schools of the city of Buford the pro rata share of the State school fund for the children within school age who are residents of said city of Buford. Pro rata share of State school fund. Sec. 19. Be it further enacted, That the registration law of said city embraced in section 9 of said Act, approved December 23, 1896, be repealed, and that provisions be made for the registration of voters as follows: That said mayor and council shall provide, by ordinance, for the registration of all voters in said city, for the punishment for illegal registration, when the book or books of registration shall be opened, by whom kept and when closed, and no person shall be allowed to vote in any election held for office of said city or for other purposes 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 city continuously for six months next preceding the election, and have paid all taxes, State, county and city, including street tax, that may have been required of them, or that they have had an opportunity to pay up to the year of election, and have duly registered on the registration book for the votes of said city. Registration of voters. Sec. 20. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 8, 1903.

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BYRON, TOWN OF, NEW CHARTER FOR. No. 326. An Act to establish a new charter for the town of Byron in the county of Houston, State of Georgia; to grant certain privileges to said town; to define the limits of the same; to repeal all Acts in conflict; to provide for the election of officers; to prescribe their rights, duties and powers, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That the Act entitled an Act to incorporate the town of Byron, in the county of Houston, and for other purposes, approved March 3, 1874, be, and the same is, hereby repealed. Byron, town of, charter for repealed. Sec. 2. Be it further enacted, That from and after the passage of this Act the municipal government of said town of Byron, county of Houston, State of Georgia, shall consist of a mayor and five alderman, who are hereby constituted a body corporate and politic under the name and style of the mayor and council of the town of Byron, and by that name and style shall succeed to all the rights and liabilities of the present corporation of said town, and shall have perpetual succession, and shall have power and authority to make, ordain and establish from time to time such by-laws, ordinances, resolutions, rules and regulations as shall appear to them necessary and proper for the good government, security and general welfare and interest of said town of Byron and the inhabitants thereof; and for the preserving of the health and morals, peace and good order of the same, not contrary to the Constitution of the State. They shall have power and authority in and by said corporate name to contract and be contracted with, to sue and be sued, to plead and be impleaded in any of the courts in this State, to have and use a common seal, to hold all property, both real and personal, now belonging to said town or which may hereafter be acquired, to acquire real or personal property by gift, purchase or otherwise as may be deemed necessary by said corporate authorities for the use of said town, and to manage, sell, lease, improve or rent any of said property as may be deemed advisable for the corporate interests. New charter. Corporate powers. Sec. 3. That the corporate limits of said town shall extend as they do at present, beginning at a point in the center of the freight and passenger depot of the Central Railway Company of Georgia as the center of said town, measuring one half mile in every direction, thereby forming a complete circle. Corporate limits.

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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 first Monday 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 the term of two years. Three of said aldermen shall hold their office for two years and the other two for one year, the long term aldermen to be decided by the three receiving the highest vote. 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 the 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 the 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 fix or 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

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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, on 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. Mayor and aldermen, election and terms of office. Sec. 5. That in 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. The present board of commissioners of the town of Byron shall continue in office, performing all the duties thereof required of them under this charter, until after the first election held under this charter and until their successors are duly qualified, the present chairman or president of said board of commissioners acting as mayor. Vacancies. Mayor and aldermen pro tem. 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. Voters. 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 of aldermen until four days (Sunday's excepted) preceding the election, when it shall be finally and absolutely closed. During said time it shall be the duty of such registration officers, 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 Byron six months preceding the election, that it is your intention

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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 Byron, 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 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 provision. 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 first elected under the provisions of this Act, or their successors in office. In the event it shall be necessary to call a special election of officers as prescribed in section 4 of this Act, 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 or registration. 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 the 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

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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's powers. 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 practicable. In the absence or disqualification of both the mayor and 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 furnished by said board of aldermen, 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, be required to give 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 Byron, conditioned faithfully

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to collect and pay over and account for all taxes and other incomes 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 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 Houston, 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 a mayor's court or any committing officer of this 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 Byron; shall have charge of the working of the streets and of road hands and of work-gangs, and shall perform all 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,

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orders, by-laws, rules or regulations of the said town, and on conviction shall punish such offenders by fine not to exceed fifty dollars, or imprisonment in the guard-house of said town or in the common jail of Houston 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; any one or more of such punishments may be ordered in the discretion of the court, and the offenders shall also be liable for the costs of the 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 ten dollars, and said imprisonment and work not to exceed five 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 Houston 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 of said county 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, 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. Court costs. Sec. 16. Any person convicted in the mayor's court shall have the right of appeal to the board of aldermen. Said appeal must be

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made in writing, immediately after conviction, and the cost must be paid or a pauper's affidavit made thereof at the time of filing appeal. For the purpose of trying appeals the board of aldermen 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 bond for his appearance, if able to do so, otherwise he shall be confined in the guard-house or jail. The person before whom the case was originally tried may conduct the examinations of the witnesses, unless counsel be employed, and he shall be disqualified as sitting as a member of the court of appeals. Appeals. Sec. 17. 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 notice 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 the town; not more than one half of one per cent. for street and paving purposes; but for extraordinary expenses, such as light, water and permanent improvements and all extraordinary expenses as are authorized by this Act, not to exceed the amount allowed to municipal corporations of this State. The board of aldermen shall have power to appoint three freeholders, citizens of said town, whose duty it shall be to assess all property, real and personal, for taxation, and make a return thereof to the board under such rules and ordinances as they may provide for same, and at such time as they may designate. 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. Taxation. Tax-assessors. Sec. 18. In addition to the ad valorem taxes heretofore mentioned, the board of aldermen shall have authority to collect a specific tax upon all persons running a billiard or pool table or tables, ten or nine pin alleys or tables or alleys of any kind; also upon all wheels of fortune, or ball or slot machines, or any other device or chance kept for the purpose of inducing trade or for private gain, operated in said town; also upon all shows, circuses, 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 laws of this State; also upon all fire or life

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insurance companies doing business in said town; also upon all telegraph, telephone and express companies; also upon all building and loan 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 cottonseed, public warehouses, guano dealers, markets for the sale of fresh meats, fish or fish dealers, and upon all other lines of business carried on in said town. 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 the State law exempts from taxation. All specific taxes mentioned in this section shall be paid to the clerk and treasurer before the person shall engage in the business pursuit or calling; and any person who shall fail to pay same before doing so, and who shall refuse to do so immediately upon being notified to do, shall upon conviction be fined an amount equal to double the tax or license and costs, or in default be imprisoned in the guard-house or jail or work upon 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 a tax. Specific taxes. Sec. 19. The board of aldermen shall have full power and authority to lay out, widen, straighten, open, close, alter, drain and keep in good repair all roads, streets, alleys, crosswalks and sidewalks 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 obstruction 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 board of aldermen and the owner thereof cannot agree on the price to be paid,

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the same shall be submitted to arbitration of three freeholders, resident in said town, each party to choose one, and the two 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 derived by the owner of the property, if any, but in no event shall the betterment exceed the amount of 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 said board shall be entered upon the minutes by the clerk and treasurer. Streets. Sec. 20. Be it further enacted, That all persons subject to road duty under the laws of this State, resident in said town, shall be liable to street duty or similar work in said town not exceeding ten days in any one year, under the direction of the officers of said town; provided, however, the board of alderman 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 that year. Said street tax shall be due the first of March each year, and if not paid when demanded or summoned by the marshal to work, or appearing but failing to do good faithful work, a good legal excuse shall be returued by the marshal as a defaulter, and upon conviction before the mayor, be fined not exceeding five dollars and costs, or ten days work upon the public works of the town for each day's default. 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 work and commutation tax. Sec. 21. The said corporation shall have and enjoy all the rights and privileges and powers incident to such corporation, and not repugnant to the Constitution and laws of the United States or of this State. General powers. Sec. 22. The said board 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 public streets, lanes, alleys, 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 interment therein, and to punish any and all persons injuring or destroying the property or shrubbery therein; to regulate privies, water-closets, butcher pens, blacksmith or wood shops, stores, store flues and chimneys in said town, and to remove or cause to be removed at the expense of the owner or tenant any of these places mentioned in this section

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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 the impounding and sale of same; to regulate the keeping of public and private stables, gunpowder, kerosene, gasoline, turpentine and all other commodities that may become dangerous of offensive to the citizens or property of said town. Obstructions and nuisances. Sec. 23. 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 limits; 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 hazardous by the board of alderman, 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 said board, and if any person shall build or repair any building contrary to the above, said board shall have power to tear down same or to 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 the expenses incurred by said board in carrying out the provisions of this section shall be enforced by execution the same as 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. 24. They shall have power to pass all ordinances needful 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. 25. They shall have power to regulate the use of all firearms, fireworks, or other dangerous annoyances or explosives used in sports or otherwise in said town. Explosives. Sec. 26. They shall have power upon proof of the existence of any house of ill fame, bawdy house, lewed 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. Lewd and gaming houses.

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Sec. 27. Be it further enacted, That said board shall have power and authority to grant franchises to electric light companies, water-works companies, street railways, telephone, telegraph or any like corporations desiring to operate their works within the limits of said town. Franchises. Sec. 28. Be it further enacted, That said board of aldermen 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 see fit in their discretion to hire. This gang shall be under the supervision of the marshal or deputy marshal, under discretion of the board of alderman of said town. The marshal, to compel the convicts to obey orders or do good work, is hereby authorized and empowered to whip any and all refractory convicts. Chain-gang. Sec. 29. The board of aldermen 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. Sec. 30. They shall have power to enact ordinances in regard to the observance of the Sabbath day (Sunday); to prohibit any and all persons from opening their places of business for the purpose of trade or making a sale or plying their several vocations, cases of emergency or necessity or charity excepted; to prohibit all games or any form of amusement within the limits of said town and not consistent with the proper religious observance of the day. Sunday, observance of. Sec. 31. Be it further enacted, That the board of aldermen, marshal, clerk and treasurer and mayor shall be exempt from street duty while in office. Officers exempt from street work. Sec. 32. 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 ordinances. Sec. 33. Be it further enacted by the authority aforesaid, That said board shall have power to enact ordinances for the purpose of preventing the spread of contagious diseases; 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 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

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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 make such regulations and 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 in 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. Health, quarantine and sanitation. Sec. 34. That the board of aldermen shall have full power and authority to purchase or 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 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 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; fix 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. Water and light. Sec. 35. Be it further enacted, That the mayor or any member of the board of aldermen, upon conviction before said board for neglect of duty or malpractice in office, may be removed. They shall also be liable to the same punishment as other individuals for violation of any of the ordinances of the town. Malpractice.

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Sec. 36. No officer of the town shall have any interest in any contest, either directly or indirectly, in which the town is a party; neither shall any member of the board of aldermen be allowed to vote upon any question that he has any personal interest in whatever. Personal interests of officers. Sec. 37. Be it further enacted, That all elections held under the provisions of this charter, the time for holding same shall be between the hours of 9 a.m. and 6 p.m. of the day of election. Elections Sec. 38. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 13, 1903. CAIRO, TOWN OF, CHARTER AMENDED. No. 270. An Act to amend the charter of the town of Cairo, in Thomas county, so as to authorize and empower the mayor and aldermen of said town of Cairo to order an election to be held therein, to determine whether or not bonds shall be issued by the said town of Cairo, in a sum not to exceed $25,000, and to be sold for the purpose of establishing, building, maintaining and operating a system of electric lights and water-works, either or both, for said town of Cairo, and to authorize the issuing of said bonds, and the assessing, levying and collecting of a tax on all property, both personal and real, in said town of Cairo, for the purpose of paying the interest upon said bonds as well as the principal thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the mayor and aldermen of the town of Cairo shall submit to the qualified voters of said town, under the provisions of the Code of Georgia, 1895, sections 377 to 381, both inclusive, the question of issuing bonds in a sum not to exceed $25,000, and to be sold for the purpose of establishing, building, maintaining and operating a system of electric lights and water-works, or either, for the said town of Cairo, and at said election the ballots shall be written or printed, to wit: For electric light and water-works bonds, or Against electric light and water-works bonds. Cairo, town of, bonds for water and light.

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Sec. 2. Be it further enacted by the authority aforesaid, That should the said election herein provided for be in favor of bonds for electric lights and water-works, then the mayor and aldermen of said town of Cairo shall be, and are, hereby authorized to issue said bonds for the purpose of establishing, building, maintaining and operating a system of electric lights and water-works, or either, for said town of Cairo, in a sum not to exceed $25,000 in the aggregate, each of the said bonds to be so issued to be in such sum as the mayor and aldermen of said town may designate; provided, the same be not less than $100.00 and not more than $1,000 each; and said bonds are to run for a period of thirty (30) years, with interest thereon at a rate not to exceed eight per cent. per annum, said interest to be payable annually or semi-annually, as the mayor and aldermen may direct. How issued. Sec. 3. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town of Cairo shall have power and authority, and are hereby vested with the same, to determine how much, if any, of the principal of said bonds shall be paid annually; or, if the said mayor and aldermen deem it best and most conducive to the interests of the said town of Cairo, they are hereby authorized and empowered not to make annual payments on the principal, but to make such payments on the principal of said bonds at such times as they may deem best, or to defer payments on the principal of said bonds until all of the principal on said bonds has matured at the expiration of thirty years. How payable. Sec. 4. Be it further enacted by the authority aforesaid, That said bonds shall be signed by the mayor and clerk of council of said town of Cairo, under its corporate seal, and shall be sold, hypothecated or disposed of to the very best advantage and interest to the town of Cairo, as may be determined by the mayor and aldermen of the said town; and the proceeds thereof shall be used exclusively for the purpose of establishing, building, maintaining and operating a system of electric lights and water-works, or a system of either, for said town. Proceeds, how applied. Sec. 5. Be it further enacted by the authority aforesaid, That the system of electric lights and water-works, or the system of either, herein provided for shall be located at such place or places, and shall be built, equipped, maintained and operated in such manner and style as the mayor and aldermen of said town shall deem for the best interest of said town and its citizens, and that shall be most conducive to a full economic supply of good lights and wholesome water for the use of said town and the citizens thereof. Location and operation of works.

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Sec. 6. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town shall have full and ample power to make any and all rules, regulations and ordinances relative to the said electric lights and water-works, or either, and the use of said lights and water, or either, by the citizens of said town, that they may deem right and proper; provided only, that the same are not repugnant to the Constitution and the laws of this State. Regulations for use. Sec. 7. Be it further enacted by the authority aforesaid, That the mayor and aldermen of the said town of Cairo are hereby authorized and empowered to charge the citizens of said town such sum as they (the mayor and aldermen) may deem just and proper for the use of said lights and water, or for the use of either. Charges for use. Sec. 8. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town are hereby authorized and empowered to annually assess, levy and collect a tax on all the property, both real and personal, within the corporate limits of said town, in such sum as they may deem right and proper, for the specific purpose of paying the interest and accumulating a fund for the payment of the principal on said bonds, on maturity of said bonds, or at such time as they (the mayor and aldermen) may have fixed for payments on the principal of said bonds. The said tax so assessed, levied and collected shall be kept separate and distinct from all other taxes, and shall be used solely for the payment of the interest on said bonds, annually or semi-annually, as the case may be, and the payment of the principal of the said bonds at maturity thereof, or at such other time as the mayor and aldermen of said town may have fixed for payment on said principal. Taxes to pay interest and principal of bonds. Sec. 9. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town are hereby authorized and empowered, in lieu of making payments on the principal of said bonds before the maturity thereof at the expiration of thirty years, to make such deposits, loans or other disposition of the money raised annually for the payment of the principal on said bonds as will secure interest on such money and insure its safety, to be forthcoming to meet the said bonded indebtedness of said town at its maturity, and thus annually provide a sinking-fund for the said purpose of paying the principal on said bonds when all have matured. Sinking-fund. Sec. 10. Be it further enacted by the authority aforesaid, That if the election herein provided for should be against the issuing of said bonds, then, in that event, the mayor and aldermen of said town of Cairo may, at their own instance, and shall, on the application in writing of any five freeholders of said town, at any time hereafter, order another election under the provisions of this Act;

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provided only, such election shall not be held oftener than once in every month. Other elections. Sec. 11. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 4, 1903. CENTRALHATCHEE, TOWN OF INCORPORATED. No. 392. An Act to incorporate the town of Centralhatchee, in Heard county, Georgia; 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 Georgia, and it is hereby enacted by the authority of the same, That the town of Centralhatchee, in the county of Heard, be incorporated under the name and style of the town of Centralhatchee, 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. Centralhatchee, town of incorporated. Sec. 2. Be it further enacted, That the corporate limits of said town shall be one half mile from the center of the intersection of the road leading from Franklin to Carrollton, and the road leading from the said Franklin and Carrollton road to Hollingsworth ferry, in said town. Corporate limits. Sec. 3. Be it further enacted, That J. B. Wood is hereby appointed mayor of said town and M. J. Ridley, W. L. Folds, W. F. Price, L. T. Lane, J. H. Jackson are hereby appointed councilmen of said town, to hold office until the election and qualification of their successors in office. Mayor and councilmen pro tem. Sec. 4. Be it further enacted, That an election for a mayor and five councilmen for said town shall be held on the first Monday in February in each year, said officers to serve for one year and until their successors are elected and qualified. Said election shall be conducted in the same manner as elections for members of the General Assembly are held, and all persons living in the corporate limits of said town, who are qualified to vote for members of the General Assembly of Georgia, shall be qualified to vote in said election,

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except registration shall not be required. The persons receiving the highest number of votes for mayor and councilmen, respectively, shall be declared elected, and shall enter upon their duties as soon as they take the oaths of office, respectively. Election for mayor and councilmen. Sec. 5. Be it further enacted, That before entering upon the discharge of their duties the mayor and councilmen, respectively, shall take and subscribe the following oath: I do solemnly swear that I will perform all the duties which may devolve upon me as mayor or councilman of Centralhatchee, to the best of my ability and understanding, so help me God. Oath. Sec. 6. Be it further enacted, That the mayor and councilmen shall have power and authority to pass all laws and ordinances that may be deemed necessary for the government of said town, and for the protection of the peace, dignity, life and property of said town; provided, the same be not repugnant to the Constitution and laws of the State of Georgia and the United States. General 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 centum, upon all property, real and personal, in the corporate limits of said town. The collection of said taxes may be enforced by executions issued by the clerk of said council in the name of the mayor, and the levy and sale be as provided for constable's sales. All levies and sales shall be by the marshal or deputy marshal of said town. The mayor and councilmen shall have power to require all persons subject to road duty in the corporate limits of said town, who are subject to such duty under the State laws, to work the streets of said town not exceeding fifteen days in each year, or to prescribe in lieu thereof a commutation tax which may be paid in lieu of said work. Taxation. 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 number, shall be chief executive of said town. It shall be his duty to see that the laws and ordinances of said town are enforced and executed. It shall be his special duty to see that the peace and good order of said town is preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and all 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 immediate payment of same he may imprison the defendant not exceeding thirty days or sentence him to work on the public works of said

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town for the same length of time. The maximum limit of his fine shall be one hundred dollars. Mayor's powers. Sec. 9. Be it further enacted, That at their first meeting after election and qualification the mayor and councilmen shall elect a mayor pro tem., a clerk, a treasurer and a marshal. The clerk and treasurer may or may not be a councilman. The marshal shall be a citizen of said town. That the office of clerk and treasurer may be consolidated, and when so consolidated he shall receive a salary of not exceeding twenty dollars per annum. The marshal shall receive a salary of not exceeding one hundred dollars per annum and perquisites. The salaries of all officers shall be fixed before their election by the mayor and councilmen. That the mayor and councilmen shall receive no salaries, but shall be exempt from street duty. Officers. Salaries. Sec. 10. Be it further enacted, That the mayor and councilmen shall have power to tax all shows, and all business enterprises as they may deem best in said town, in addition to the ad valorem taxes levied. Specific taxes. Sec. 11. Be it further enacted, That the mayor and councilmen of said town shall have power to lay off, open, close, place in good order and keep in good repair all roads, streets, walks, crossways and alleys for use of the public, as they deem necessary in the corporate limits of said town; to abate, or cause to be abated, all nuisances in said town, and to take such steps as they deem necessary for the protection of the health of said town. Streets. Nuisances Sec. 12. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903. CHIPLEY, CHARTER AMENDED. No. 274. An Act to amend the charter of the town of Chipley, in Harris county, so as to allow the mayor and council to levy a special tax for school purposes, not to exceed one half of one per cent. per annum, the amount to be raised not to exceed twenty-five hundred dollars, 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 section ten of an Act incorporating

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the town of Chipley, in Harris county, approved December 9, 1882, be, and the same is, hereby amended by adding the following words: except that the said mayor and council shall have power and authority, in addition thereto, to levy a special tax of not more than one half of one per cent. per annum upon all taxable property in said town, and all funds arising from said special tax shall be expended under the direction of said mayor and council for the improvement of the school property of the town of Chipley. But the total amount of money raised by said special tax shall not exceed twenty-five hundred dollars ($2,500.00), and when this amount shall have been raised, then the tax levied by said mayor and council shall not exceed the rate levied by the State on the same kind of property, and shall cover the total expenditures of the town, both for running expenses and for school purposes; so that, as amended, section ten will read as follows: Be it further enacted by the authority aforesaid, That said mayor and council shall have full power and authority to levy and collect a tax upon all and every species of property, real and personal, within the limits of said town (except school and church property), upon banking and insurance capital employed in said town; provided, nevertheless, said tax so levied shall not exceed the State tax on the same species of property or business, except that said mayor and council shall have power and authority, in addition thereto, to levy a special tax of not more than one half of one per cent. per annum upon all taxable property in said town, and all funds arising from said special tax shall be expended under the direction of said mayor and council for the improvement of the school property of the town of Chipley, but the total amount of money raised by said special tax shall not exceed twenty-five hundred dollars ($2,500.00), and when this amount shall have been raised, then the tax levied by said mayor and council shall not exceed the rate levied by the State on the same kind of property, and shall cover the total expenses of the town, both for running expenses and for school purposes. Chipley, town of taxing power. 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. Repealing clause. Approved August 1, 1903.

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CORDELE, CHARTER AMENDED. No. 365. An Act to amend an Act concerning the election laws of the city of Cordele in the county of Dooly, approved December 20, 1899, to prescribe the time that shall be allowed persons elected to office in said city to qualify or assume the duties of said office, by striking out certain words in section 1 of said 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 section 1 of an Act entitled an Act to amend an Act entitled an Act to incorporate the city of Cordele, in the county of Dooly, define its limits, prescribe its municipal powers and privileges, and for other purposes, approved December 22, 1888, concerning the election laws of said city, and for other purposes, be, and the same is, hereby amended by striking out all of the words after the word `election' in the tenth line of said section one of said Act and before the word `that' in line thirteen of said section same being on page 142 of the Acts of 1899. The words being thus stricken are as follows: `and provided further, that the officers elected shall not be sworn in nor assume the duties of their respective offices until twenty days after the issue of such certificates.' Cordele, officers elect, qualificaion of. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903. DAVISBORO, TOWN OF, NEW CHARTER FOR. No. 373. An Act to create a new charter and a municipal government for the town of Davisboro, and for other purpose. 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 town of Davisboro shall consist of a

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mayor and five aldermen who are hereby constituted a body corporate under the name and style of the town of Davisboro, and by that name shall have perpetual succession, shall have a common seat and be capable in law and equity to purchase, hold, receive, enjoy, possess and retain to them and their successors, and for the use of the town of Davisboro, any real or personal estate of whatever kind or nature within the jurisdictional limits of the town of Davisboro, 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 Davisboro; and the corporate limits of the town of Davisboro shall be twelve hundred yards in each and every direction from a point where the public road crosses the Central Railroad. Davisboro, town of, new charter for. Corporate powers. Corporate limits. Sec. 2. Be it further enacted by the authority aforesaid, That an election shall be held at the court-house, in the town of Davisboro, on the first Monday in August, 1905, and biennially 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. Mayor, aldermen and treasurer, election of. 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 town, and shall have resided six months within the jurisdictional limits of said town, and no other person, shall be qualified to vote at said election. Voters. Sec. 4. Be it further enacted by the authority aforesaid, That the mayor and council shall cause the clerk of council of said town of Davisboro 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 town of Davisboro. 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 town 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. How made. 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

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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 town of Davisboro, so help me God. The clerk of said town 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. Oath. Sec. 7. Be it further enacted by the authority aforesaid, That any person voting illegally in the municipal election of the town of Davisboro, 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 or registration. 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 qualification 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 from the county of Washington; that you have resided for the last six months within the town of Davisboro, and have paid all taxes legally imposed and demanded of you by said town, so help you God. And any person who shall take said oath and shall swear falsely shall be deemed guilty of perjury. Elections, how held. Oath of voter. 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 town treasurer, respectively, shall be declared duly elected. Result of election. Sec. 10. Be it further enacted, That in case of any vacancy among members of council or in the office of town treasurer, either by death, resignation, failure to elect or removal from office or removal from town, or other cause, the mayor shall order a new election

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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 town, 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 town, 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 aldermen, 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 town 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 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 Davisboro, 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 town. The town treasurer shall take the oath of office hereinafter prescribed. Certificate of election. Oath of mayor and aldermen.

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Sec. 12. Be it 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 town treasurer for the use of the town of Davisboro, 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 clerk and treasurer of Davisboro unless such person is a qualified voter of said town at the time of his election to such office. Eligibility. Sec. 14. Be it further enacted, That the mayor shall receive such salary as shall be fixed by the board of aldermen of the town of Davisboro; 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 town 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 town 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 affirmed 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, both before the town 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 a 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 any try warrants for criminal offenses committed within the jurisdiction of the town of Davisboro. The mayor of Davisboro shall be ex officio chief executive officer of said town, and to him the police officers and all town employees, under the jurisdiction of the mayor and council, shall be directly and immediately subject. Mayor's 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 resignation, death, removal, disability or disqualification of the mayor, the mayor pro tem. so elected shall, upon taking

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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 town of Davisboro 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 town officers, shall be exempt from street tax. Aldermen. Sec. 17. Be it further enacted, That at its first regular meeting the mayor and council of Davisboro shall elect a clerk and treasurer; 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 shall be prescribed by the ordinances of the town and by the mayor and council; his compensation shall be fifty dollars per year, payable monthly, besides such fees as may be prescribed by the ordinances of said town. Clerk and treasurer. Sec. 18. 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 town 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. 19. The mayor and council shall have authority to elect a town sexton, to have the superintendence of, and care of, the town cemeteries, whose duties shall be such as are prescribed by the mayor and council, and by the ordinances of said town; 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 town and by the mayor and council. Sexton.

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Sec. 20. Be it further enacted, That the mayor and council shall have authority to elect a town physician, whose duties shall be such as are required of him by the ordinances of said town and by the direction of the mayor and council, and whose compensation shall be fixed by the ordinances of the town and by the mayor and council. Physician. Sec. 21. Be it further enacted, That the mayor and council shall have 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 town of Davisboro. Board of health. Sec. 22. 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 judgement 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 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 town and by the mayor and council. Their fees shall be as are prescribed by the ordinances of said town and by the mayor and council. The mayor and council of said town 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. 23. Be it further enacted, That the mayor and council of said town shall be empowered to employ such additional police or detective force as the good government of said town may require. The compensation and duties of said force shall be determined and fixed by said mayor and council. Police. Sec. 24. 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 town ordinances, and may punish all violations of said ordinances by any fine not to exceed one hundred dollars,

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by imprisonment in the county jail of Washington county or in the town guard-house of Davisboro 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 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. Sec. 25. 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. 26. Be it further enacted, That the mayor and council of Davisboro shall have the power to authorize by ordinance the marshal or any policeman of said town, to summons any or all bystanders to aid in the arrest of any person or persons violating any ordinance of said town 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. 27. Be it further enacted, That it shall be lawful for the marshal or any policeman of said town to arrest, without warrant, any person or persons within the corporate limits of said town who at the time of said arrest, or before that time, have been guilty of violating any of the ordinances of said town, 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 town prison or in the jail of Washington county for a reasonable length of time. The marshal and policemen of said town 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 town are also authorized to arrest anywhere within the limits of this State, any person charged with violating any of the ordinances of the town of Davisboro; provided, that said marshal and policement shall not be authorized to arrest any person or persons outside of the incorporate limits of said town except in obedience to a written warrant signed by the mayor or acting mayor. Police powers

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Sec. 28. Be it further enacted, That the jailer of Washington county shall receive persons arrested by the officers of said town of Davisboro, or convicted in the mayor's court of said town, or bound over from said court, into the jail of Washington county upon the same terms as other prisoners, and the said town of Davisboro shall be responsible to said jailer for the expense of keeping said prisoners when they are confined for violating the ordinances of said town. 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. Prison. Sec. 29. Be it further enacted, That the marshal or any policeman of said town shall release any person arrested for a violation of the ordinances of said town upon said person giving a bond, to be approved by the mayor or acting mayor of said town, conditioned to pay the town of Davisboro an amount fixed by the mayor or acting mayor of said town. In the event such person arrested does not appear before the corporate authorities of the town 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 bond, said bond may be forfeited before the mayor's court of said town of Davisboro. As the mayor and council shall have authority to compel the attendance of witnesses, whether residents of said town 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. 30. Be it further enacted, That said mayor and council may by ordinance declare what shall be nuisances in said town, and by ordinance provide for the abatement of the same; the mayor's court of said town of Davisboro shall have concurrent jurisdiction with the mayor and council of said town in respect to the trial and abatement of all nuisances in said town. Nuisances. Sec. 31. Be it further enacted, That the mayor and council of said town of Davisboro shall have power to take up and impound any horses, mules, cattle or hogs running at large within the limits of said town, and to pass such ordinances as may be deemed by them necessary for the regulation of stock within said town; also to levy such tax as may seem proper to them upon dogs. Pounds. Sec. 32. Be it further enacted, That the mayor and council of said town shall have the power to require every male inhabitant in said town, who by the laws of the State is subject to work on the public roads, to work such length of time on the streets of said town

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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 work and commutation tax. Sec. 33. 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 town, 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 town 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 town, said mayor and council may order such buildings removed or altered, and if such person, firm or corporation shall not remove or alter such buildings 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. 34. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have full and complete control of the streets and sidewalks, alleys and squares of the town, 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 town; and when the mayor and council of said town 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 owners or a trustee, executor, administrator,

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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 town, and to enforce the provisions of this section by appropriate ordinances. Streets. Sec. 35. Be it further enacted, That the mayor and council of said town 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 town; 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, whether by said town or whether by the adjacent landlords, or by both. Drainage and pavements. Sec. 36. 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 town; also, to tax and license theaters, shows, exhibitions and fairs of all kinds, as well as itinerant dealers of all kinds. Specific taxes. Sec. 37. Be it further enacted, That the mayor and council shall not have the power and 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. Sale of intoxicants. Sec. 38. 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 town of Davisboro, 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 town, 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 license to prosecute, carry on or engage in such business 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 special tax and to register, who shall engage in or offer or attempt to engage in such business calling or profession, without first complying in all respects with the town ordinances in reference thereto. Specific taxes and licenses.

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Sec. 39. 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 town into such classes of subjects for taxation as they may deem just and proper. Taxation. Sec. 40. Be it further enacted, That the mayor and council of Davisboro 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 town of Davisboro, including bonds, notes, debts, choses in action, money employed in banking and otherwise. Ad valorum tax. Sec. 41. 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 town, 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 town for the purpose of taxation of 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; said assessors shall make returns of the assesments 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 made their returns to the mayor and council, file written notice with the clerk of council of his dissatisfaction, and shall name in his 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 town 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,

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which award shall be returned to the city clerk, and shall be final on both the city and taxpayer. The assessors shall take such oaths and shall receive such compensation as the mayor and council shall 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. 42. Be it further enacted, That the mayor and council of said town shall have power and authority to provide by ordinance when the taxes of said town 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 nonpayment of taxes when due. Collection of taxes. Sec. 43. Be it further enacted by the authority aforesaid, That executions for any and all taxes or licenses or demands of any sort due the town or its corporate authorities by any person, firm or corporation, or against any property subject thereto, shall be issued by the clerk of said town, signed by him, bear test in the name of the mayor, and be directed to the marshal of said town and his deputies, and to all 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 by ordinance provide for the time and place of, the method of conducting, and all registrations governing the marshal's sales under said execution. The sheriffs, deputy sheriffs and constables of this State shall proceed in the same manner to levy and collect executions issued by the town of Davisboro as they levy and collect executions issued from the respective courts of which they are executive officers. Executions. Sec. 44. Be it further enacted, That nothing in this Act shall affect the present officers of the town of Davisboro, or their fees or salaries, or the license and special taxes, or the tax rate fixed by the ordinances of said town for the year 1905. Officers. Sec. 45. Be it further enacted, That authority to carry out and effectuate by ordinance each and every power granted to the town of Davisboro in this Act is hereby expressly conferred on the mayor and council of said town; 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

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requisite for preserving or promoting the peace, dignity, health, good order and welfare of said town of Davisboro. General powers. Sec. 46. Be it further enacted, That the mayor and council of said town 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. Other officers. Sec. 47. Be it further enacted, That the town of Davisboro, when incorporated as contemplated in this Act, shall not be liable to keep up, maintain or repair the present or any future bridges across Williamson Swamp creek or Steel's creek, or any appurtenances thereto attached. Bridges. Sec. 48. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903. DECATUR, CHARTER AMENDED. No. 255. An Act to amend the charter of the town of Decatur, in the county of DeKalb, so as to authorize the mayor and council of said town to construct a system of sewerage for said town, and to assess the cost of constructing said sewerage system against the abutting property, or the property through which said sewer may be constructed, and against the owners 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 aforesaid, That from and after the passage of this Act the mayor and council of the town of Decatur, in the county of DeKalb, shall have full power and authority to lay down and construct sewers in said town, and to assess the sum of fifty cents per lineal foot upon the property and estates respectively abutting on said sewer on each side of the street along which said sewer is laid or constructed, and in consideration of the payment of said assessment, the owners of said estates shall have the right to connect their drains from said abutting property for the discharge of sewerage into said sewer; and in case any such sewer is laid down or constructed through or on any private property, along the course of any natural drain or otherwise, a like sum of fifty cents shall be assessed upon such property abutting on each side of said sewer for every lineal foot, making in all one dollar for every lineal foot to be assessed upon such property

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through which sewers are constructed as aforesaid; provided, that when the same party owns the land on both sides of a sewer running through his land, he shall be assessed only for one side thereof, and in consideration of the payment of said asseesment the owners of real estate, respectively, on each side of said sewer, through or over which such sewer may be constructed, shall have the right to connect their drain from said abutting property for the discharge of sewerage into said sewer. The extent and character, material used and expense of sewers constructed, as well as the time and manner of constructing the same, shall be in the discretion of the mayor and council of said town, to be prescribed from time to time by ordinance. The remaining cost of all sewers not thus assessed shall be paid by said mayor and council from the treasury of said town. Decatur, sewers. Sec. 2. Be it further enacted, That for the preservation of all sewers in said town for the public use and easements aforesaid, the said mayor and council shall have authority to direct and control the time and manner in which connection shall be made with said sewers and by whom the work is to be done, and upon what terms and conditions, and at what point, and to what extent surface water or drainage shall be permitted to flow into sewers, and generally all matter relating to use, control and repair of said sewers and sewer connections, and replacing of pavement and other adjacent structures in good condition, shall be at all times under the control and regulation of said mayor and council in its fair and legal discretion. Connections. Sec. 3. Be it further enacted, That in case of real estate situated on street corners and having frontage on two streets, the owner and real estate thus situated shall be assessed as by this Act provided for, the frontage on the street in which sewer is first laid, and when a sewer is laid on the other street two hundred feet frontage shall be exempt from assessment on the sewer and real estate for the last named sewer street. Corner lots. Sec. 4. Be it further enacted, That the amount of such assessment for same on each piece of real estate shall be a lien on said real estate from the day of the passage of the ordinance providing for the work and making the assessment. Assessment a lien on real estate. Sec. 5. Be it further enacted, That the construction of all sewers under this Act shall be provided for by ordinance, notice of the introduction of which shall be published in some newspaper in said town, and if there be no such paper published in said town, then, in some paper having a general circulation in said town, at least twenty days before the adoption of said ordinance; which notice shall contain a statement of the line along which the proposed

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sewer is to be laid, and a statement of the general character, material and size of each sewer. Notice of construction. Sec. 6. Be it further enacted, That the collection of assessments made upon abutting property and the owner thereof under this Act shall be enforced as is the payment of ad valorem taxes levied by said town council; provided, that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which the execution issued is due, and stating what amount he admits to be due, which amount so admitted to be due shall be paid by said defendant before such affidavit shall be received, which affidavit, when received, shall be returned to the superior court of DeKalb county, together with the fi. fa., and there tried, and the issue determined as in cases of illegality, subject to all the pains and penalties provided in cases of illegality for delay. Assessments, how collected. Sec. 7. Be it further enacted, That said mayor and council shall have power and authority to provide by ordinance for the collection of assessments for the construction of sewers in installments running through a series of years, to be fixed by such ordinance in all cases where the construction of said sewers is performed by a contractor or contractors; provided, that said mayor and council shall have power and authority to issue indebtedness to be paid by the town from the treasury on account of the construction of such sewers, which indebtedness is not to be paid in the year in which it is constructed. Installments. Sec. 8. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved July 30, 1903. DECATUR, CHARTER AMENDED. No. 254. An Act to amend the charter of the town of Decatur, in the county of DeKalb, so as to authorize the mayor and council of said town to pave the sidewalks in said town, and to put down curbing along said sidewalks, and to assess the cost of said paving and curbing against the abutting property and the owners 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 charter of the town of Decatur, in the county of DeKalb,

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be, and it is, hereby amended so that the mayor and council of said town shall have full power and authority to pave the sidewalks now in said town or that may be hereafter constructed, and to put down curbing along such sidewalks. Decatur, sidewalks. Sec. 2. Be it further enacted, That said mayor and council shall have full power and authority to assess the cost of paving said walks, and of putting down curbing by the same against the real estate abutting on the street, and only on the side of the street on which the sidewalk is so improved; provided, that no such assessment shall be made unless the persons owning real estate, which has at least two thirds of the frontage on the sidewalk, or portion of the sidewalk, the improvement of which is desired, shall, in writing, request the mayor and council to make such improvement; when said mayor and council may, by ordinance, provide for such improvement; and provided further, that 20 per cent. of all such assessments shall be paid out of the town treasury; but it shall be wholly in the discretion of said mayor and council whether any work asked for is desirable, and shall be done or not. No application shall be received and no work shall be done for less than an entire block. Assessments for. Sec. 3. Be it further enacted, That the amount of assessment against each piece of real estate so improved 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. Lien of assessment. Sec. 4. Be it further enacted, That the mayor and council of said town shall have full power and authority to enforce the collection of the amount of any assessment so made for work upon such sidewalks by execution to be issued by the clerk of council against the real estate so assessed, and against the owner thereof at the date of the ordinance making the assessment; which execution may be levied by the marshal of said town on such real estate, and after advertisement and other proceedings, as in cases for sales of real estate for town taxes, the same may be sold at public outcry to the highest bidder, and such sale shall vest an absolute title in the purchaser; provided, that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which the execution is issued is due, and stating what amount he admits to be due, if any, which amount so admitted to be due shall be paid before the affidavit shall be received; which affidavit, when received, shall be returned to the superior court of DeKalb county, and there tried and the issue

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determined as in cases of illegality, subject to all the pains and penalties provided in cases of illegality for delay. Collection of assessments. Sec. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved July 30, 1903. DECATUR, CHARTER AMENDED. No. 261. An Act to amend the charter of the town of Decatur, in the countv of DeKalb, so as to authorize the mayor and council of said town to issue bonds for the purpose of constructing a system of water-works and sewerage for said town, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the charter of the town of Decatur, in the conty of DeKalb, be, and the same is, hereby amended so as to authorize the mayor and council of said town in their discretion to issue and sell bonds of said town to an amount not exceeding fifty thousand dollars; provided, the amount issued does not exceed seven per centum of the assessed value of all the taxable property in said town, in denominations of one hundred dollars, to run for thirty years from the date of their issue, and to bear interest at the rate of not exceeding five per cent per annum, payable semi-annually; 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 principal of said bonds shall be paid at their maturity; provided also, that said bonds shall not be issued until two thirds of the qualified voters of said town of Decatur shall have assented thereto at an election held for that purpose, to be called by the mayor and council of said town. Before said election is held a special registration of the voters of said town shall be held for the purpose of ascertaining the number of qualified voters of said town. Decatur, bonds for waterworks and sewers. Sec. 2. Be it further enacted by the authority aforesaid, That in the event said bonds are issued the mayor and council of said town shall provide for the levy and collection of special annual tax during the life of said bonds sufficient to raise a fund to pay the interest on said bonds semi-annually, and also sufficient to provide a sinking-fund to pay off the principal of said bonds at their maturity. Sinking-fund.

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Sec. 3. Be it further enacted by the authority aforesaid, That the proceeds of the sale of said bonds, if issued, shall be applied only to the construction and equipment of a system of water-works and sewarage for the said town of Decatur. Proceeds, how applied. Sec. 4. Be it further enacted by the authority aforesaid, That in the event of the issue of said bonds, the sinking-fund above provided for to be used for the payment of the principal of said bonds shal be paid over annually, as it is collected, to a commission to be known as the Decatur Sinking-fund Commission, which said commission shall be selected by the mayor and council of said town from among the citizens of said town, who are freeholders and qualified voters; and said mayor and council shall fill any vacancy that may occur in said commission, and shall also have power to remove any member of said commission for mismanagement or misappropriation of said fund. After reasonable notice said commission shall invest said fund as it comes into its hand, until needed for the payment of the principal of said bonds, taking good security therefor, giving preference to real estate secured by deed giving first lien. Said commission shall make annual reports of its acts and doings to the mayor and council of said town, to be filed by the first Monday in January of each year. Decatur sinking-fund commission. Sec. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Repealing clause. Approved July 30, 1903. DOUGLAS, CHARTER AMENDED. No. 238. An Act to amend and Act to create a new charter for the city of Douglas, in the county of Coffee, and to consolidate and declare the rights of said corporation, and for other purposes, approved December 20, 1899, by striking from sub-section b of section 26 all of the words beginning with the word as in the ninth line thereof down to and inclusive of the word years in the thirteenth line thereof, and inserting in lieu thereof the following words in figures, to wit: thirty (30) years from the date of their issue, 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, that the Act creating the new charter

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for the city of Douglas, approved December 20, 1899, be, and the same is, hereby amended by striking from sub-section be of section 26 of said Act all the words beginning with the word as in the ninth line down to and inclusive of the word years in the thirteenth line thereof, and inserting in lieu thereof the following words in figures, to wit: thirty (30) years from the date of their issue, so that said sub-section b of said section 26 of said Act, when so amended, will read as follows: (b) Should the said election or elections herein provided for result in favor of electric lights or water-works, or both, as the case may be, then the mayor and aldermen of said city of Douglas shall be, and they are, hereby authorized to issue said bonds for said purposes in a sum not to exceed twenty thousand dollars in the aggregate, each of said bonds to be so issued to be in such sums as said mayor and aldermen may designate; provided, the same be not less than fifty dollars or more than five hundred dollars each, same to be due and payable thirty years from the date of their issue, with interest thereon not to exceed six per cent per annum, said interest to be paid annually, and all of said bonds maturing within thirty years. Douglas, bonds for water and lights. Sec. 2. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with the same be, and they are, hereby repealed. Repealing clause. Approved July 29, 1903. EAST ELLIJAY, TOWN OF INCORPORATED. No. 275. An Act to incorporate the town of East Ellijay, in the county of Gilmer; to provide for a mayor and council, prescribe their powers and duties; to define the corporate limits of said town; to provide for an election of a mayor and council for the government thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the town of East Ellijay, in the county of Gilmer, be, and the same is, hereby incorporated as a town under the name of the town of East Ellijay. East Ellijay, town of incorporated. Sec. 2. Be it further enacted by the authority aforesaid, That the municipal government of the said town of East Ellijay shall consist of a mayor and four councilmen, who are hereby constituted

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a body corporate under the name and style of the mayor and council of the town of East Ellijay, and by that name and style shall have perpetual succession, and shall have a common seal and be capable in law and equity to purchase, have, hold, receive, enjoy, possess and retain to them and their successors for the use and benefit of the said town of East Ellijay any estate or estates, real or personal, of whatever kind or nature, within and without the jurisdictional limits of said town for corporate purposes, and to sell, exchange or lease the same in any way whatever, and by the name and style of the town of East Ellijay shall 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 succeed to all the rights and liabilities of the corporation of the town of East Ellijay. Mayor and councilmen. Corporate powers. Sec. 3. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall extend from the school-house, in said town, one half mile east, south and west to the corporate limits of the town of Ellijay and to the Cartecay river, and north to the said Cartecay river. Corporate limits. Sec. 4. Be it further enacted by the authority of the same, That the corporate powers of said town shall vest in a mayor and four councilmen, who shall be elected on the first Saturday in January, biennially. The first election to be held under this Act shall be on the first Saturday in January, 1903, but if the time of said election shall have passed before the passage of this Act, then the first election under this Act shall be had in thirty days after the passage of the same; and that the officers in office under the present corporate power shall continue in office until the mayor and councilmen shall be elected and qualified, with all the rights and powers provided under this Act. Said mayor and councilmen shall hold their office for two years, or until their successors are elected and qualified; and if from any cause there should be a failure to hold any election under this Act, the mayor, if in office, or upon his failure, then the councilmen, or any one of them, if in office, or upon their failure, then the justice of the peace or notary public of the town district of Gilmer county, may order an election under the provisions of this Act by giving ten days' notice thereof by posting written notice thereof in at least three public places in said town of East Ellijay. All elections held under the provisions of this charter shall be superintended and managed by a justice of the peace or some other judicial officers and two freeholders, or by three freeholders, all of whom shall be citizens of said town; and each of said managers, before entering on his duties, shall

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take, before some officer duly qualified to administer oaths, the following oath, to wit: I do solemnly swear that I will faithfully and impartially conduct this day's election held for mayor and council for the town of East Ellijay, and I will not knowingly prevent any person from voting who is qualified to vote in this election, nor will I knowingly allow any person to vote who is disqualified. There shall be two tally-sheets and a list of voters kept by the managers, and the polls at each election shall be opened at 9 o'clock a.m. and closed at 4 o'clock p.m.; that said elections shall be held at such place as the mayor and council shall choose or is fixed by ordinance. The managers shall certify to the person receiving the highest number of votes in said election for mayor, and the four receiving the highest number of votes for councilmen, that they were duly elected to such offices, which certificate shall authorize the persons hereinafter mentioned to administer the oath of office to those elected, who shall, as soon as practicable after the election, appear at the council chamber and take and subscribe the following oath, before some officer qualified to administer oaths, to wit: I (A B) do solemnly swear that I will well and truly perform the duties of mayor (or council as the case may be) of the town of East Ellijay to the best of my ability and skill, without favor or affection, so help me God. Mayor and councilmen, election of Sec. 5. Be it further enacted by the authority aforesaid, That no person shall be eligible to the position of mayor or councilman unless he be over the age of twenty-one years and a citizen of the United States and Georgia, and shall have resided in the town of East Ellijay at least one year before his election; that all persons qualified to vote for members of the legislature, and shall have resided in the limits of said town for a period of thirty days perior to the election whereat they shall offer to vote. Eligibility. Sec. 6. Be it enacted by the authority aforesaid, That the mayor and council shall, at their first meeting, elect a marshal and clerk and treasurer, and such other officers as they may deem necessary, and to appoint such police officers as they may deem necessary, which officers may be removed at any time by the mayor and council, or a majority of them. The fees of such subordinate officers, and their bonds, are to be fixed by the mayor and council. Officers. Sec. 7. Be it enacted by the authority aforesaid, That the mayor and council of said town shall have power to pass and make all ordinances, by-laws, rules and regulations necessary for the government of said town, and all the powers herein granted. General powers.

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Sec. 8. Be it enacted by the authority aforesaid, That the mayor shall be the chief executive officer of said town, and shall preside at all council meetings, and when he cannot be present [Illegible Text] mayor pro tem. shall act in his stead, who shall be elected by the councilmen. The mayor shall try all offenders against the laws of said town, and impose such penalties and sentences as the ordinances provide. His compensation shall be fixed by the council. Appeals and certiorari shall be had as are now allowed under existing laws from justice courts; the appeal to be had to the council. The said mayor and council shall have power to grant such licenses as they may deem necessary, either on the sale of , business or professional. The said mayor and council shall also have power to levy and collect a tax not to exceed one fourth of one per centum upon real and personal property within the limits of said town; and have power to require of all persons in said town, subject to road duty in this State, to work on the streets, or in lieu thereof to pay a commutation tax to be fixed by the mayor and council. Said mayor and council shall have power to condemn, lay out, open and abolish streets and alleys in said town, or extend or change the same. They shall provide, by ordinance, for the collection of all taxes, moneys and fines due said town. The clerk and treasurer shall each keep a book for all entries of such business as may be required of them. Mayor's powers and duties. Sec. 9. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Repealing clause. Approved August 4, 1903.

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EAST ROME, CHARTER AMENDED. No. 361. An Act to amend the charter of the town of East Rome, so as to authorize the mayor and council of said town to levy and collect taxes for municipal purposes on personal property in said town. 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 the passage of this Act the mayor and council of the town of East Rome shall have power and authority to levy and collect taxes for municipal purposes on all personal property in said town, at the same rate that such taxes are levied and collected on real estate in said town. East Rome, taxation. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903. EDGEWOOD, CHARTER AMENDED. No. 234. An Act to amend an Act approved December 9, 1898, incorporating the town of Edgewood in the county of DeKalb, by repealing section 2 of said Act, and enacting in lieu thereof the following as the corporate limits of said town, to wit: Beginning at the northwest corner of land lot No. 240 in the 15th district of DeKalb county, Georgia, on the line between the counties of DeKalb and Fulton, and running thence south along the county line between said counties 6,886 feet; thence east 5,800 feet to Clay street; thence north to the south line of the right of way of the Georgia Railroad and Banking Company; thence easterly along the south line of the said right of way to a point opposite the line between the lands of M. H. Hayes and Mrs. S. A. Hull; thence north to a point 200 feet north of McLendon street; thence westerly parallel with McLendon street to the east line of Mell avenue; thence north along Mell avenue to the north line of Arnold street; thence west along Arnold street to the east line of Mayson avenue, formerly Smith street; thence north along Mayson avenue to Euclid avenue, formerly Decatur turnpike; thence westerly in a straight line to the beginning point.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act incorporating the town of Edgewood in the county of DeKalb, approved December 9, 1898, be, and the same is, hereby amended by repealing section 2 of said Act and enacting in lieu thereof the following as the corporate limits of said town, to wit: Beginning at the northwest corner of land lot No. 240 in the 15th district of DeKalb county, Georgia, on the line between the counties of DeKalb and Fulton, and running thence south along the county line between said counties 6,886 feet; thence east 5,800 feet, to Clay street; thence north to the south line of the right of way of the Georgia Railroad and Banking Company; thence easterly along the south line of the said right of way to a point opposite the line between the lands of M. H. Hayes and Mrs. S. A. Hull; thence north to a point 200 feet north of McLendon street: thence westerly parallel with McLendon street to the east line of Mell avenue; thence north along Mell avenue to the north line of Arnold street; thence west along Arnold street to the east line of Mayson avenue, formerly Smith street; thence north along Mayson avenue to Euclid avenue, formerly Decatur turnpike; thence westerly in a straight line to the beginning point. Edgewood, corporate limits. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved July 24, 1903.

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FLOWERY BRANCH, NEW CHARTER FOR TOWN OF. No. 437. An Act to provide a new charter for the town of Flowery Branch, in the county of Hall, and to incorporate said town and prescribe its limits; to provide for a mayor and aldermen of said town and to prescribe their duties and powers; to vest in said new corporation all property and other rights now vested in the present town of Flowery Branch; to authorize the establishment of a system of public schools of said town, and to provide for building and equipping suitable public school building; to provide for all other matters of municipal cognizance, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by 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 town of Flowery Branch, located in the county of Hall and the State of Georgia, and within the limits of said town as hereinafter stated, be, and they are, hereby incorporated under the name and style of Town of Flowery Branch, 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 rights, powers and privileges, titles, property, easements and hereditaments now belonging or in any wise appertaining to said town of Flowery Branch as heretofore incorporated, shall be, and are, hereby vested in the town of Flowery Branch created by this Act. And the said town of Flowery Branch 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 town council, such ordinances, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said town, as to said town 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 town of Flowery Branch 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 any kind or nature soever, within or without the limits of said town, for corporate purposes. Said town of Flowery Branch, created by this Act, is hereby made responsible as a body corporate for all legal debts, liabilities and undertakings of said town of Flowery Branch as heretofore incorporated. Flowery Branch, new charter for. Corporate powers. Sec. 2. Be it further enacted, That from and after the passage of this Act the corporate limits of the town of Flowery Branch shall be as follows, to wit: one half mile in every direction from the Southern railroad depot in said town. Corporate limits.

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Sec. 3. Be it further enacted, That the government of said town shall be vested in a town council composed of a mayor and five aldermen. The present incumbents as mayor and aldermen shall continue in office as the mayor and aldermen of the town of Flowery Branch under the provisions of this charter until an election shall be held and their successors are qualified. That an election shall be held at the council chamber, or such other place in said town as the mayor of said town shall direct and designate, on the second Saturday in December, 1903, and the second Saturday in December in each year thereafter, for mayor and five aldermen, who shall hold their offices for one year, or until their successors are elected and qualified; and should there fail to be an election held in the said town at the time above specified, from any cause whatever, the mayor of said town shall order an election held in said town by posting a notice in three public places and advertising said notice in any public gazette having a circulation in said town; said notice shall be posted ten days before said election. The polls at all elections under this charter shall not be opened before nine o'clock a.m. and shall be closed at four o'clock p.m. The qualifications of voters at said election shall be such as are required for electors for the General Assembly, and in addition thereto, residence within the corporate limits of said town for six months next preceding the election, and the payment of all legal taxes required of them by said corporation. Mayor and aldermen pro tem. Annual elections. Sec. 4. Be it further enacted, That all elections under the provisions of this charter shall be held under the superintendence of a justice of the peace and two freeholders, or three freeholders who shall be residents of said town. Said superintendents shall take an oath for the due and legal and impartial performance of their duties as such superintendents, and shall have all the powers incident to managers of elections in this State. In case the managers shall have any reasonable doubt as to the qualifications of any voter, or should any voter be challenged, they shall administer to such 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 of age; that you have resided one year in this State, and for the last six months within the corporate limits of the town of Flowery Branch, and have paid all taxes legally required of you by said town of Flowery Branch, so help you God. How held. Sec. 5. Be it further enacted, That the superintendents of said election shall conform with the laws governing elections in this State in so far as they are applicable to said election, and declare the result of said election and certify the same with the tally-sheet and list of voters to the town council, and shall issue certificates of election to such persons as received the highest number of votes polled. Those declared elected shall, within ten days from said election, or at the next regular meeting of the town council, qualify by taking an oath well and truly to perform the duties of their respective offices before an officer authorized in this State to administer oaths. Said oath shall be filed with the clerk of council and

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by him preserved with the list of voters and tally-sheets. The oath shall be entered of record on the minutes of council; provided, that in the event of a filing of a contest to said election before the issue of certificate to and qualification of any person elected, the party whose election is contested shall not exercise the duties of his office until said contest shall have been heard and determined. Sec. 6. Be it further enacted, That at the first meeting of said council in each year they shall choose from their own number a mayor pro tem., who shall in the absence, sickness or disqualification of the mayor be clothed with all the rights, privileges and duties of the mayor elect during the sickness and absence of the mayor, upon taking the usual oath and not otherwise; and if the mayor pro tempore as well as the mayor elected by the people shall both be unable from any cause to attend to their duties, the council shall elect another mayor pro tempore, who shall thereby be clothed with all the powers, rights and duties of the mayor of the town upon taking the usual oath. Mayor pro tem. Sec. 7. Be it further enacted, That in the case of the death, resignation or removal from office or removal from town of the mayor, the mayor pro tem. shall order an election to fill said vacancy, as is prescribed in section three of this Act (in case of a failure to hold a regular election); and in case of a vacancy in the board of aldermen, arising from any cause as above mentioned, said vacancy shall be filled by an election to be ordered by the mayor or the mayor pro tem., as the case may be, in the same manner as prescribed in section three of this Act, as in case of a failure to hold a regular election. Vacancies. Sec. 8. Be it further enacted, That no person shall be eligible to any office under this Act who is not eligible as a voter at the election aforesaid. Eligibility. Sec. 9. Be it further enacted, That said mayor and council shall have power and authority to elect such marshal and clerk and treasurer and other officers that 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 fees and pay of such subordinate officers, and to require such bonds for the faithful performance of the duties of such officers as they may deem necessary and proper. They shall have power to suspend or remove from office all such officers, or punish them for a breach or neglect of duty, or to suspend or remove them from office from incapacity to discharge their respective duties from any cause. Officers. Sec. 10. Be it further enacted, That all ordinances, by laws, rules and regulations now in force in said town, not inconsistent with this Act, are hereby declared valid and of force until amended or repealed by said mayor and aldermen of said town. Ordinances. Sec. 11. Be it further enacted, That the mayor or mayor pro tem. of said town may 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, the punishment inflicted

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not to exceed a fine of one hundred dollars, or in default of the payment of said fine and the costs, by labor on the streets of said town or public works of said town not to exceed sixty days, or confinement in the common jail of the said town not to exceed sixty days. Mayor's court. Sec. 12. Be it further enacted, That the mayor and other officers shall receive such pay and compensation as the mayor and council shall provide by ordinance, but their compensation shall not be increased during their term of office. Salaries. Sec. 13. Be it further enacted, That the mayor and aldermen of the town of Flowery Branch shall have the sole and exclusive power of granting licenses to retail spirituous, ale or vinous and malt liquors in the town of Flowery Branch in any quantity, and for fixing the rate of said licenses and terms upon which they shall be issued, and for declaring said licenses void when said terms are not complied with; provided, that no such licenses shall be granted as long as the sale of such liquors are prohibited in Hall county. They shall also have power to license, regulate and control tenpin alleys, billiard and pool tables, or to prohibit the establishment of such tables, and remove or abate said tables or alleys when they deem it necessary; they shall have full power and authority to license all livery stables and all buggies, hacks, wagons, carts, and drays and other conveyances kept for hire in said town, and fix such rules and regulations as they may deem necessary to govern any person engaged in carrying passengers in or out of said town for pay; they shall have full power to provide and to care for and make all necessary repairs to cemeteries for said town; to regulate and provide for the burial of the dead therein; and may sell or convey by deed or grant to persons who may wish to purchase any vacant and unoccupied lots in said cemetery for burial purposes; shall have power to employ a sexton for same, with such assistance as may at any time be necessary, and do whatever they may deem best to preserve, protect and beautify said cemeteries. Sale of liquor. Licenses. Sec. 14. Be it further enacted, That said corporation shall have full power and authority to assess and levy and collect all taxes upon real and personal estate within the corporate limits of said town as they may deem necessary for the support and government of said town not inconsistent with the laws and Constitution of this State, and collect such tax on trades, business occupations, theatrical exhibitions or other performances exercised, performed or exhibited within the limits of said town as may be deemed proper; and fix and collect such taxes on circuses, menageries and all shows of domestic or wild animals or other shows, as may be deemed proper by said mayor and aldermen. Taxation. Sec. 15. Be it further enacted, That said mayor and aldermen may establish within the corporate limits of said town a system of public schools, and for this purpose shall have power and authority to assess and collect an additional tax of not more than one half of one per cent. on all taxable property within said town for the support and maintenance of said schools; provided, that public schools

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shall not be established or maintained until the question shall have been submitted to a vote of the qualified voters of said town and approved by such a vote as may be required in such cases by the Constitution of this State. Such question shall be submitted after the same notice and manner as is now provided by law for submitting the question of issuing municipal bonds. Said mayor and aldermen shall also have power and authority to issue the bonds of said town for the purpose of raising a school building fund, the proceeds of which shall be appropriated to the purchase of lands and the erection of school buildings thereon; provided, that any debt made or incurred for this purpose shall not be in violation of the Constitution of this State, and if issued shall be in pursuance of and after an election which shall be held in conformity to said Constitution and the statutes of this State. Public schools. Sec. 16. Be it further enacted, 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 of said town; to regulate all butcher pens, tan-yards, steam boilers and engines, blacksmith shops, forges, stoves and chimneys within said town, and to remove, or cause to be removed, the same, or any of them, in case they should become dangerous or injurious to the health of any citizen of the town, or become nuisances; and also to fill up pits, cellars and excavations in said town, or cause the owner to do so when the council shall deem it necessary to be done; also full power to regulate and control all pumps, wells, livery stables, fire companies and engine companies, or any apparatus of like character within said town; also to license and regulate all taverns, hotels, boarding-houses and other public houses in said town. Police powers. Sec. 17. 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 town ten days, shall be subject to work the streets and roads of said town not exceeding fifteen days in each year, or to be taxed therefor as the council may direct or determine by a commutation tax not to exceed four dollars per annum; 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 said town; and the said mayor and council shall have power to punish defaulters by a fine of not more than two dollars a 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 town not less than ten or 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 and street duty from all persons subject thereto, and no person who shall be indebted to said town in any tax, fine, fee or assessment shall be allowed to vote at any election held under this charter. Street work and commutation tax. Sec. 18. Be it further enacted, That the mayor and council o

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said town shall have full power and authority to open and lay out, to widen, straighten or otherwise change streets and alleys in said town. Whenever the mayor and council shall exercise the power above delegated they shall appoint two freeholders, and the owners or owner of lots facing or fronting on said streets or alleys, or to be affected, injured or taken in part or wholly by the proposed improvement or change, shall on five days' notice appoint two freeholders, who shall proceed to assess the damage sustained or advantages derived by and the amount to be paid by the owner or owners of said lots in consequence of the opening, widening, straightening or otherwise changing said streets or alleys. And said assessors shall take an oath that they will faithfully discharge their duties, and either party shall have the right to enter an appeal to the superior court of Hall county within ten days of the rendition of said award under the same rules and regulations that govern appeals from the justice court, and the amount of damages to be paid said owners as finally settled shall be paid by the mayor and council, and any amount found to be paid by any lot owner shall be assessed against the property of said owner by the mayor and council and be due upon such assessment. Streets, how opened and changed. Sec. 19. Be it further enacted, That the mayor or mayor pro tem., when presiding at any meeting of the board of council or holding a police court, shall have the power to punish for contempt by fine not exceeding five dollars or imprsonment not exceeding twenty four hours for each offense, or may imprison in default of the payment of said fine for twenty-four hours, in the discretion of the officer presiding. Contempt in mayor's court. Sec. 20. Be it further enacted, That the mayor and aldermen of of said town shall have power curb, pave, drain and keep in good order and repair the roads, streets, sidewalks, alleys, crosswalks, drains and gutters in said town for the use of the public or any of the citizens thereof; to protect divine worship; to regulate the keeping of gunpowder or other combustibles; to fix and establish fire limits, and from time to time to enlarge, restrict or change the same, and to make such rules and regulations and to pass such ordinances and enforce the same as may be necessary to carry out the aforesaid powers. Powers of mayor and aldermen. Sec. 21. Be it further enacted, That all writs, processes, subp[oelig]nas, rules nisi for forfeiture of bonds, all executions issued in behalf of the town for the collection of taxes, fines, forfeitures, or for other purposes, shall be directed to the marshal of said town and all and singular the sheriffs and deputies of this State, signed by the clerk and bearing test in the name of the mayor of said town; and sheriffs and their deputies are empowered and required to serve and execute all writs, processes and warrants, subp[oelig]nas, executions, etc., issued as aforesaid when the parties or property to be proceeded against are without the corporate limits of said town of Flowery Branch; and the marshal or deputy marshal shall serve and excute all processes, writs, warrants, executions, subp[oelig]nas, etc., issuing as aforesaid when the parties or property to be proceeded against are within the corporate limits of said town. Executions, etc., how enforced.

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Sec. 22. Be it further enacted, That the mayor or mayor protem. and any three aldermen shall form a quorum for the transaction of business, and the mayor or mayor pro tem. shall have the casting vote, and the majority of votes may determine any and all questions and elections before the council. Quorum and mayor's vote. Sec. 23. Be it further enacted, That all ordinances, rules and regulations passed by the mayor and board of aldermen shall before becoming operative be entered on the minutes or ordinance book of the board of council and be published at least once in some newspaper having a general circulation in the town, or be posted at two or more prominent places in said town. Ordinances. Sec. 24. Be it further enacted, That the expenditures of the mayor and aldermen and the compensation of the town officers shall be paid out of the town funds in the hands of the treasurer, who shall keep a book in which he shall make an entry of all sums of money paid out and to whom and for what purpose; which book shall at all times be subject to the inspection of the mayor and aldermen of said town, or any or either of them or any citizen of said town; and likewise entries shall be made of all sums of money paid into the hands of the treasurer by the provisions of this Act, and the same shall be, and is hereby, directed to be a fund for the exclusive use of said town: provided, that all sums of money arising from the sale of lots in the cemetery of said town shall be used only for the care, keeping, use and adornment of said cemetery. Expenditures of town funds. Sec. 25. Be it further enacted, That it shall be the duty of taxpayers and owners of all taxable property within said town, either by themselves or by an agent, to make annual returns under oath to the clerk of the council of said town, or such other officers as the mayor and aldermen of said town may appoint for said purpose, at such time as said mayor and aldermen may fix or limit, of all their taxable property, trades, business or profession in said town held or exercised in their own right or in the right of any other person, and in case any person shall or persons fail to make said returns, or shall make any return deemed incorrect by the mayor, said mayor may assess the property of such person and may fix such value thereon as he may deem correct and just. If any owner of property thus assessed by the mayor of said town shall feel aggrieved by the assessment thus made by him he may appeal to the council of said town, who may make such reduction as may to them seem just and reasonable, and the decision of said council in fixing the value of said property shall be final. Tax returns. Sec. 26. Be it further enacted, That no person holding office under this charter shall at any time during the term for which he was elected or appointed, or while in office, be capable of contracting with such corporation 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 contracts entered into by himself or another, directly or indirectly. Personal interest of officers in in contracts.

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Sec. 27. Be it further enacted, That the corporation of the town of Flowery Branch is hereby authorized to assess against telegraph, telephone, railroad companies and banks doing business in said town, and the property of each of the same in said town, a special license or occupation tax extra of the general tax such as it is now authorized to assess against property of individuals or corporations, and that the mayor and aldermen of said town is hereby authorized to collect such license or occupation tax as it may assess as herein authorized in the mode and manner authorized for the collection by the corporation of said town of any other tax. Specific taxes. Sec. 28. Be it further enacted, That the mayor and aldermen of said town shall have full power, whenever they may deem it necessary, to require railroads in said incorporate limits to make crossings on their several roads where they cross the public streets or roads in said town for the convenience of the travelling public, and to keep the same open for travel, and to pass ordinances needful for the carrying out of the provisions of this section. And in case said railroads shall fail or refuse to make said crossings when notified so to do the mayor and council shall have the power to put same across such railroads at the expense of said railroads, and may issue their executions and levy and collect the same as provided by law for executions of municipal taxes. Railroad crossings. Sec. 29. Be it further enacted, That the mayor or mayor pro tem., while acting as mayor, shall have the right to vote on all questions before the council when said vote is a tie, and said mayor or mayor pro tem., when acting as mayor, shall 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 the council; and said measure shall not be effectual until passed over said veto by as many as three votes of the council at the first or second regular meeting of council after said veto is filed, and not thereafter. Mayor's vote and veto. Sec. 30. Be it further enacted, That all previous charters and amendments thereto to said town of Flowery Branch be, and the same are, repealed by this Act, and all laws and parts of laws militating against this Act are hereby repealed. Repealing clause. Approved August 17, 1903.

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GAINESVILLE, CHARTER AMENDED. No. 443. An Act to amend an Act establishing a new charter for the city of Gainesville, approved February 28, 1887, and the several Acts amendatory thereof. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, That from and after the passage of this Act the mayor and council of the city of Gainesville shall have full power and authority to establish, maintain and operate a complete system of sanitary sewerage or drainage, or both, in and around the city of Gainesville, and to acquire any property or rights, either within or without said city, necessary and appropriate for carrying the provisions of this Act into effect, and in all cases where it becomes necessary to take and use, either within or without said city, private property, or to, either within or without said city, damage private property; and if said mayor and council and the owner or owners of said property cannot agree as to the amount of compensation or damage to be paid, the said municipal corporation shall proceed in condemning property for the said sewerage or drainage purposes, or both, under the terms and provisions of an Act of the Legislature of this State approved December 18, 1894, and the Acts amendatory thereof, entitled an Act to provide for a uniform method of exercising the right of condemning, taking or damaging private property, and to be found on pages 95, 96, 97, 98, 99 and 100 of the volume containing the Public Laws for the year 1894. Gainesville, drainage and sewers. Sec. 2. Be it further enacted, That the said mayor and council shall have full power over and absolute control of all pipes, sewers, private drains, water-closets and privy vaults or other receptacles or drains for filthy water or other substances or fluids in said city of Gainesville, with full power to prescribe their location and structure, use and preservation, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said city. The mayor and council shall have full power and authority to prescribe the kind of water-closets and urinals and other receptacles or drains for filthy water or other fluids or substance to be used within the corporate limits of said city; and shall have power and authority to condemn and destroy any water-closets and urinals or other receptacles or drains aforesaid now in use or that may hereafter be erected and put in use which do not conform to and are not the kind prescribed for use by said mayor and council, or which may be detrimental to the public health. They shall also have power and authority to compel all property owners to connect water-closets

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and urinals or other receptacles or drains aforesaid on the premises of such property owners with the sanitary sewers of said city, and under such rules and regulations as may be prescribed by the said mayor and council; and if such property owner fails to connect any water-closet or urinal or other receptacle or drains aforesaid on the premises of such owner with the sanitary sewers within the time prescribed by the mayor and council, the said mayor and council may make such connection and provide all necessary fixtures, and assess the cost of said connections and fixtures against the real estate of said property owner with which such connection is made. They shall have the power and authority to enforce the collection of the cost of such connection and fixtures by execution issued by the clerk against said real estate, and which execution may be enforced as tax executions for taxes due said city. And the said mayor and council may also make such charges in the first instance for the privilege of connecting with said sewers and such annual charge thereafter for the use of the same as shall be reasonable; the amounts so to be paid to be regulated by ordinance so as to apportion the said charges according to the character and amount of use of said sewers by the person or property for the benefit of which said connections are made, and such charges, if not paid when due, may be collected by execution against the property with which connection is made; and said mayor and council shall have power to assess against the property abutting on streets along and on which sewers or drains are constructed under this Act, and against any property along or through which such sewer or drain is constructed, and which is benefited by the same, not over one third the cost per linear foot of constructing said sewer or drain by, along or through said property, and collect the same by execution against said property; and all executions provided for in this section shall be liens upon the property with which such connections are made, and for the benefit of which the same are used, next in rank to taxes of said city upon the property. Sanitation. Sec. 3. Be it further enacted by authority of the same, That section ten of the Act approved December 12, 1892, amending the charter of Gainesville, on page 171 of the published Acts of the General Assembly of this State of the year 1892, be, and the same is, hereby repealed; and that from and after the passage of this Act the mayor and council shall have authority in its discretion to pave and contract to pave the whole surface of the streets without giving the owners of property abutting on any street or any street railroad company or other occupant of the street the option of having the space to be paved by said owner or street railroad or occupant paved by said owner or said street railroad or other occupant, the object being to prevent delay and to secure uniformity in the pavement. And said mayor and council may assess and enforce the payment from said street railroad or occupant or property owner its or their proportion of the cost of said work. Street payements.

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Sec. 4. Be it further enacted by authority aforesaid, That section two of the Act approved September 21, 1883, on page 402 of the Acts of the General Assembly for 1882 and 1883, be amended as follows: By striking word four in the fifth line of said section and inserting in lieu thereof the words Not less than eight nor more than twelve, and by striking out the word fifty in the seventh line and inserting in lieu thereof not less than one hundred nor more than one hundred and fifty, so that said section, when amended, as follows: Be it further enacted by the authority aforesaid, That section five of the charter of said city approved February 28, 1877, which Act in said section provides for the election and salaries of the officers of said city, be amended so as to read in the second sentence thereof: The said mayor shall receive a salary of not less than eight nor more than twelve hundred dollars per year, but shall receive no perquisites or other compensation for his services, and each alderman shall receive a salary of not less than one hundred nor more than one hundred and fifty dollars per year as full compensation for his services, and any qualified elector of said city shall be eligible to the office of mayor or alderman thereof; provided, this increase of salary shall not take effect until the first of January next after the passage of this Act. Salaries of mayor and aldermen. Sec. 5. Be it further enacted by the authority aforesaid, That said mayor and council may, in their discretion, elect a recorder, prescribe his powers, duties, salary and term of office. Said recorder, when elected, shall have full power and authority to hear and determine all cases for violations of the ordinances of said city, and be ex officio a J. P. so far as to bind over or commit to the proper court any person guilty of an offense against the laws of this State, committed in said city. In the absence of said recorder, or his disqualification, the mayor or any member of the council may preside in his stead. Said recorder shall have the same power to punish for contempt as that now conferred and exercised by the mayor. Recorder. Sec. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903.

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GEORGETOWN, CHARTER AMENDED. No. 477. An Act to amend an Act amending the charter of Georgetown so as to change the time for electing commissioners for said town from the first Saturday in each and every year to the first Monday in December of each year. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act an Act amending the charter of the town of Georgetown, approved February 21, 1866, be amended by striking from section 2, line 3, the words first Saturday in each and every year, and substituting therefor the words first Monday in December in each and every year, so that said section, when so amended, shall read as follows: Georgetown. Sec. 2. The commissioners of the town of Georgetown shall be elected on the first Monday in December in each and every year. Commissioners, election of Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. GREENSBORO, CHARTER AMENDED. No. 243. An Act to amend the charter of the city of Greensboro, Georgia, approved March 5, 1856, amended November 5, 1901, by giving the mayor the power of a recorder; by providing for the payment to him of a salary to be fixed before the beginning of his term of office, not to exceed two hundred and fifty dollars per annum; by providing for five aldermen for 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 Greensboro, Georgia, is hereby amended by giving the mayor thereof the power of a recorder, whose duty it shall be to try all persons charged with a violation of the ordinances of said city and impose such penalties on persons so violating them as are now authorized by the Acts of the Legislature pertaining to said city and the ordinance of said city; provided, that when any person shall be fined more than twenty ($20.00) dollars, or sentenced to work on the streets for more than forty (40) days, or sentenced to imprisonment for more than forty (40) days,

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he shall have the right to appeal to the five aldermen hereinafter provided, any three of whom shall constitute a police court to try any person appealing as aforesaid. Greensboro, mayor ex officio, recorder. Sec. 2. Be it further enacted by the authority aforesaid, That the mayor of said city shall be paid one hundred dollars per annum which shall be paid monthly by the treasurer of said city on the approval of the auditing committee hereinafter provided. Mayor's salary. Sec. 3. Be it further enacted by the authority aforesaid, That a mayor and five aldermen for said city shall be elected on the first Saturday in April, 1904, and biannually thereafter. Election of mayor and aidermen. Sec. 4. Be it further enacted by the authority aforesaid, That said aldermen shall elect from their number a chairman who shall preside over their meetings and shall, by virtue of his office, be mayor pro tempore of said city. Said aldermen shall frame all ordinances for said city; audit all claims against the city at regular meetings before the same shall be paid by the treasurer; elect from their number such committee as may be necessary for the interest and welfare of the city, and meet monthly for the transaction of such business as may come before them. Nothing in this Act, however, shall prevent more frequent meetings of said aldermen when necessary. Mayor pro tem. and aldermen. Sec. 5. Be it further enacted by the authority aforesaid, That if for any cause the mayor shall fail to discharge any duty required of him as the mayor of said city, the mayor pro tempore shall act in his stead, and should the mayor pro tempore fail to act, the other aldermen shall designate some one of their number to discharge said duty. Mayor pro tem. Sec. 6. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not go into effect until the first Saturday in April, 1904. 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. Repealing clause. Approved July 30, 1903. GRIFFIN, CHARTER AMENDED. No. 259. An Act to amend the charter of the city of Griffin so as to create a board of commissioners for light and water and sewers; to provide the number of said commissioners, and to prescribe their power, duties, qualification and term of office, and the manner in which they shall be elected, 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 charter of the city of Griffin, approved November 27, 1901, be amended so as to create a

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board of commissioners for light and water and sewers. Said board shall consist of three members, and is hereby invested with full power and authority to maintain, extend, improve and modify and operate the systems of light and water plants, now owned and operated by said The City of Griffin; to establish, equip, maintain, modify and operate a system of sewers in said the city of Griffin; to appoint, suspend and remove all employees of said light and water and sewer systems except the superintendent thereof, who shall be elected to and hold his office in the same manner as now provided by law; to rent or purchase real estate and apparatus necessary to the proper conduct of light and water and sewer systems and hold the title to the same: to receive and disburse all moneys that may arise from the sale of bonds or from any other source whatever; to make such by-laws, rules and regulations for their own government and the government of employees and the management of said light and water and sewer systems as they may deem necessary not in conflict with this Act and the Constitution and laws of Georgia. Said board shall make an annual report to the mayor and council of said the city of Griffin, showing the amount of money received and from what source, and the amount disbursed and to whom and for what purpose, and shall also furnish an estimate as nearly as practicable of the amount required for the ensuing year. Griffin, commissioners for water, light and sewerage. Sec. 2. Be it further enacted by the aforesaid authority, That at the next succeeding regular meeting of the mayor and council of the city of Griffin after the passage of this Act there shall be elected by said mayor and council, by ballot, one member of said board for a term expiring January 1, 1905; one member of said board for a term expiring January 1, 1906, and one member of said board for a term expiring January 1, 1907; and on the first regular meeting of said mayor and council in December of 1904 there shall be elected a successor to the member of said board whose term expires January 1, 1905, whose term of office shall be for three years; and annually thereafter at the first regular meeting in December of each year there shall be elected one member of said board as a successor to the member thereof whose term of office expires on the first day of January immediately following and whose term of office shall be three years, so that all members of said board after the first election shall hold office for a term of three years. Members of said board shall be eligible for re-election. The members of said board shall receive as compensation for their service such an amount as may be fixed by a two third vote of the mayor and council holding office at the time and shall not be increased or diminished during the term of office for which said member was elected. Election of commissioners. Sec. 3. Be it further enacted by the authority aforesaid, That in the event of the death, resignation or removal from the city of any member of said board, the mayor and council shall at the next regular meeting thereafter elect a successor to said member for his unexpired term of office, so that there shall be at all times three

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members of said board, and it shall take the concurring action of two members thereof to perform any duty required of said board by this Act or any ordinance of said city. Vacancies. Sec. 4. Be it further enacted by the aforesaid authority, That each member of said board must have the same qualifications to become eligible for election to membership therein as is now fixed by law as the qualifications of the mayor of said city, and shall take and subscribe before entering on the discharge of his duties as a member thereof the same oath as is now required by law of the clerk and treasurer of said city. Eligibility. Sec. 5. Be it further enacted by the aforesaid authority, That all laws and parts of laws in conflict herewith, and the same are, hereby repealed. Repealing elause. Approved July 23, 1903. HAMILTON, CHARTER AMENDED. No. 239. An Act to amend the charter of the town of Hamilton, approved December 20, 1899, by striking out the words town of Hamilton in the fifth line of the second section of said Act, and inserting in lieu thereof the words the city of Hamilton, and by striking out the words town of Hamilton wherever they hereafter appear in said Act and the title thereof and inserting in lieu there-of the words the city of Hamilton, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act that the charter of the town of Hamilton be amended by striking out the words town of Hamilton in the fifth line of the second section of said Act, and inserting in lieu thereof the words the city of Hamilton, and also by striking out the words town of Hamilton wherever they hereafter appear in said Act and inserting in lieu thereof the words the city of Hamilton. Hamilton, town of incorporated as the city of Hamilton. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved July 29, 1903.

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HAWKINSVILLE, CHARTER AMENDED. No. 268. An Act to amend an Act, approved December 18, 1902, creating a new charter for the city of Hawkinsville, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 29 of an Act approved December 18, 1902, entitled 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, by striking out the words per annum at the end of said section in the above recited Act, and substituting in lieu thereof the word premium. Hawkinsville, municipal bonds, election for. Sec. 2. Be it further enacted by the authority aforesaid, That said recited Act, approved December 18, 1902, be further amended by striking therefrom section 34 of said Act and substituting in lieu thereof the following: Section 34. Be it enacted by the authority aforesaid, That if at the first election held under the provision of this charter for the issuance of water-works, drainage and sewerage, should the necessary two thirds of the qualified voters do not give their assent to the issuance of the bonds specified in section 1 of the Act approved December 6, 1897, providing for the confirmation and validation of bonds is not given, or for any other reason the application for the confirmation and validating of the said bonds is not made in due time, then it shall be lawful for the city council at any time within twelve months after the first election thereon to again in the same manner submit the question of bonds aforesaid to the qualified vote of the city. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved July 30, 1903. HIGGSTON, NEW CHARTER FOR TOWN OF. No. 436. An Act to establish a new charter for the town of Higgston, in the county of Montgomery, State of Georgia; to grant certain privileges to said town; to repeal all Acts in conflict; to define the limits of the same; to provide for the election of officers; to prescribe their duties, rights and powers, and for other purposes. Section 1. Be it enacted by the General Assembly of the State

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of Georgia, That from and after the passage of this Act the municipal government of the town of Higgston, in the county of Montgomery, State of Georgia, shall be vested in a mayor and five councilmen, who are hereby constituted a body politic and corporate under the name and style of the mayor and councilmen of the town of Higgston, and by that name and style shall succeed to all the rights and liabilities of the present corporation of said town, and shall have perpetual succession, and shall have power and authority to make, ordain and establish, from time to time, such by-laws, ordinances, resolutions, rules and regulations as shall appear to them necessary and proper for the good government, security, general welfare and interest of said town of Higgston, and the inhabitants thereof, and for the preservation of the health, morals, peace and good order of the same, not in conflict with the Constitution and laws of this State; and 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 real and personal now belonging to said town, or which may be hereafter acquired; to acquire real and personal property by gift, purchase or otherwise, as may be necessary for the use of said town, and to use, manage, sell, lease, improve or rent any of said property as may be deemed advisable for corporate interest. Higgston, new charter, corporate powers. Sec. 2. Be it further enacted, That the corporate limits of said town of Higgston shall extend as follows: Beginning at the crossing of the S. A. L. R. R. on the east branch of Rocky Creek; thence down said creek to where the east and west branches join; thence up said west branch to the land corner of David Higgs and I. T. McLemore; thence on the dividing land line between said Higgs and McLemore, seven chains south; thence parallel to the S. A. L. R. R. to a point that will cross said railroad at right angles seven eights of a mile from the beginning point; thence said line running at right angles to said railroad for a distance of one mile north 21 degrees west; thence at right angles north 68 degrees east, to the east branch of said Rocky Creek; thence down said creek to the beginning. Corporate limits. Sec. 3. Be it further enacted, That an election under this charter shall be held at the court-house of said town, or in such place as the mayor and council may prescribe, one the first Tuesday in January every year thereafter, for mayor and five councilmen and a clerk and treasurer, who shall hold their office for one year (unless sooner removed in the manner prescribed by law) and until their successors are elected and qualified; and should there fail to be an election in said town at the time above prescribed, or in any year thereafter, from any cause whatever, or should a vacancy occur from death, resignation or otherwise in the office of mayor or council of said town, the mayor (or mayor pro tem.) shall order an election to fill said vacancy by posting notice at the court-house door of said town and at three public places in said town; said notice shall be posted ten days before said election; provided, however,

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ever, if the vacancies herein described occur when the term of office of said retiring or deceased mayor or councilman is less than six months before the next current election, the mayor and council may appoint, in case of the death, removal or resignation of the councilmen of said town, or the mayor pro tem. shall fill the unexpired term of such retiring mayor in case of the vacancy in the office of mayor. It shall be the duty of the mayor and council retiring to turn over the affairs of the town to the newly elected mayor and council on the first Tuesday in February following said election. Election of mayor and councilmen. Sec. 4. Be it further enacted, That said election shall be held by a justice of the peace and two freeholders, or by three freeholders. Said superintendents of election shall take and subscribe an oath for the due performance of their duties as such, and shall have all the powers incident to the State and county elections in this State. Should the managers have any reasonable doubt as to the qualifications of a voter, or should any voter be challenged, they shall administer the following oath: You do solemnly swear that you have attained the age of 21 years; that you have resided one year in the State of Georgia immediately preceding this election, and for six months in the county of Montgomery and town of Higgston, and have paid all taxes required of you by the State of Georgia, the county of Montgomery or town of Higgston, that you have had an opportunity of paying, except taxes for the present year; that you have registered as required by law, so help you God. And any person voting at said election who is not qualified to vote under the provisions of this Act shall be guilty of a misdemeanor and shall be punished as prescribed in section 1039 of the Code of Georgia. Election, how held. Oath of voters. Sec. 5. Be it further enacted, That elections provided for in this Act shall be held and conducted under the same rules and regulations as govern elections for State and county officers, except that the polls shall be kept open from 9 o'clock a.m. to 3 p.m. The superintendents of said election shall duly declare the result of said election, and turn over the list of voters, tally-sheets and ballot box to the clerk of council, who shall thereon issue certificates of election to those receiving the highest number of votes polled, which certificate shall be sufficient authority for those so elected to assume the duties of said office, and qualify by taking an oath to well and truly perform the duties of their respective offices before some officer qualified by law to administer oaths, provided that the mayor shall issue said certificates to the clerk and treasurer. Said oath and certificates of election shall be filed and recorded on the minutes of the council by the clerk. Should the election of mayor or any councilman be contested, upon written notice to the clerk of council, the said clerk shall withhold certificates of election to those whose election is contested, and submit same to the judge of the superior court, who shall hear and determine all matters of contest in the manner and form for contesting the election of county officers in this State. The mayor shall

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likewise withhold the certificates to the clerk and treasurer in case of a notice of a contest. Results. Certificates. Sec. 6. Be it further enacted, That all persons who have registered, as required by this Act, not later than ten days before any election in said town, in the registration book, which shall be open at all times, and taken oath before the town clerk at the time of such registration as follows: I do solemnly swear that I have resided in the State of Georgia twelve months, in Montgomery county and the town of Higgston for six months, or will have so resided before the day of the next election in said town; that I have paid all taxes required of me by the State of Georgia or the town of Higgston which I have had an opportunity to pay except the taxes for the year in which the next election is to be held; so help me God, and who are otherwise qualified to vote at elections for members of the General Assembly, and no others shall be permitted to vote at elections in said town. Any person knowingly swearing falsely, or procuring another to swear falsely to the above affidavit or oath, shall be punished as prescribed in the Code of Georgia for false swearing. Voters. Sec. 7. Be it further enacted, That no person shall be eligible to the office of mayor or councilman unless he shall have resided in the town of Higgston at least one year immediately preceding his election. Eligibility. Sec. 8. Be it further enacted, That at the time and in the same manner as mayor and council are elected, there shall be elected a clerk and treasurer for said town, and removable by said authority for violation of rules and regulations prescribed by this Act for his official duties and conduct, or by council in carrying out the provisions of this Act. Vacancies in said office shall be filled as in cases of vacancies in the office of councilmen. The clerk and treasurer aforesaid shall take an oath faithfully to perform the duties as clerk and treasurer, and give bond with good security, in an amount to be fixed by the council and approved by the mayor. His salary shall be fixed by the council at the time of election. Clerk and treasurer. Sec. 9. Be it further enacted, That the mayor and council shall have full power to elect a marshal, who shall be required to take an oath to faithfully perform the duties of the office, and observe all lawful orders, rules and regulations of the mayor and council of said town, and shall give bond with good security, to be approved by the mayor, in such sum as the council may fix; the salary of said marshal shall be fixed at the time of his election and shall not be changed during his term of office. Marshal. Sec. 10. Be it further enacted, That the marshal, or such officer as the council may designate, shall be the collecting officer of said town, and shall collect all license, fines, taxes and moneys coming to or due said town, and at once turn same over to the clerk and treasurer of said town, taking his receipt therefor; he shall be ex officio overseer of the street forces and superintend the working of the streets of said town; and shall perform such other duties as the council may direct in conformity to law. The said marshal may be

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removed, suspended or discharged from office for neglect of duty, incapacity to discharge the duties of said office, immoral conduct unbecoming an officer, or other good cause. Collecting, officer. Sec. 11. Be it further enacted, That the mayor shall be the chief executive officer of said town; he shall see that all laws and ordinances of said town are executed and observed; he shall receive such compensation arising from the fines and forfeitures as shall be fixed at the first regular meeting of the council in each municipal year, and said compensation shall not be changed during his term of office. Mayor. Sec. 12. Be it further enacted, That the mayor and council shall fix, by viva voce vote, the time of their regular meetings. In all such meetings the mayor (or mayor pro tem., who shall be elected by the council at the first meeting of same, in the mayor's absence); shall be the presiding officer and shall not vote except in cases of a tie; he shall have the power to call an extra session of the council whenever necessary. The mayor (or mayor pro tem.) and three councilmen shall constitute a quorum for the transaction of business. Meetings of mayor and council. Sec. 13. Be it further enacted, That the mayor (or mayor pro tem.) shall have power at any time to hold mayor's courts, under rules and regulations of council, for the trial of offenders against the ordinances of said town, and impose such sentences, fines and penalties as may be deemed just and proper, not exceeding the sum of one hundred dollars, or imprisonment or labor on the streets or other public works of said town not exceeding sixty days; any or all of these penalties may be imposed in the discretion of the mayor or mayor pro tem. aforesaid. Mayor's court. Sec. 14. Be it further enacted, That there may be an appeal from the decision of the mayor or mayor pro tem., which shall be in writing to the council of said town, who may reduce or increase or modify the mayor's (or mayor pro tem.) sentence, not to exceed the limit of penalty imposed by section 13 of this Act. Appeals. Sec. 15. Be it further enacted, That the mayor of said town, in all criminal matters, shall have full power and may issue warrants to bind over and commit to bail offenders against the laws of the State in such manner as a justice of the peace. Mayor ex officio a justice of the peace. Sec. 16. Be it further enacted, That the mayor and council shall have power to levy and collect an ad valorum tax not to exceed one half of one per cent (except for extraordinary purposes) on all taxable property within the corporate limits of said town, and which are taxable by the laws of this State; to prescribe by ordinance the time, place, manner and rules or regulations for making returns by the taxpayers of said town of their property for taxation, and any taxpayer who shall fail to return his property for taxation shall be double taxed, and such double tax shall be collected as other taxes. It shall be the duty of the mayor and council to closely scan all returns of property for taxation, and appraise and value all property which may be returned at less than its value; provided that written notice shall be given by the clerk to all who may have unsatisfactory returns to appear at a day set by such

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mayor and council and show cause why said property should not be so appraised. Taxation. Sec. 17. Be it further enacted, That if any person shall fail or refuse to pay the taxes imposed by the authority of this Act as prescribed, the clerk shall issue an execution against such defaulter, which shall be signed by said clerk and bear test in the name of the mayor. Such execution shall bind all the property owned by such delinquent tax-payers on the first day of March of the year in which said taxes are due and all property subsequently acquired, and shall rank as other liens for taxes subject to the laws of Georgia; such execution shall be directed to the marshal or his deputy, who shall enforce the same by levy and sale, as in cases of constable's sales, except in sales of real estate. The said real estate shall be advertised as sheriff's sales and the marshal make a deed of sale to the purchaser thereat, and when requested so to do put the purchaser in possession. Tax fi. fas. Sec. 18. Be it further enacted, That the mayor and council shall have full power and authority to lay out, widen, straighten, open, close, alter, drain and keep in good order and repair roads, streets and sidewalks, alleys, crosswalks and squares in said town for the use of the public; and to dig, repair, fill up any public well or wells for said town, and to establish, fix and maintain such a system of grading and drainage for said town as they may deem proper; to punish by fine or imprisonment for the filling or obstructing of any drainage in said town, either on public or private lands. To this end they shall have full power to appropriate and condemn any lands in said town, but shall be liable to the owner thereof in a reasonable and fair sum as damages. When damages are claimed as the result of appropriating private lands for streets, ditches or other purposes mentioned in this Act, and the council and the owner cannot agree as to the fair amount of damages, the same may be submitted to the arbitration of three freeholders of said town, one to be chosen by the said council, one by the owner of said property and the third by the other two, who shall appraise, after due consideration of the damages therefrom resulting, taking into consideration the advantages derived by the owners in consequence of the work done, or caused to be done, by the council of said town. Said arbitrators shall take an oath faithfully, impartially and honestly to discharge their duties and make return within ten days to the mayor and council of said town. The award so made shall be recorded on the records of the clerk's office of said town; provided, when said damages are submitted to arbitration the award shall be final. Streets, etc. Sec. 19. Be it further enacted, That all persons subject to road duty by the law of this State shall be liable and subject to work on the streets or other public works of said town not exceeding fifteen days in each year, under the direction of the officers of said town; provided, that the mayor and council shall have authority to levy a tax in lieu thereof in a sum not to exceed five dollars per annum; provided further, that all persons who fail to pay said taxes as

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assessed shall be notified to work on the streets of said town, and upon failure so to do shall be dealt with and punished as for a violation of the other ordinances of said town; provided, that street taxes may be collected by execution, levy and sale, as other taxes. Street tax. Sec. 20. Be it further enacted, That the mayor and councilmen may be impeached by council and removed from office for malpractice, neglect or refusal to discharge their duties, and shall not be eligible to hold office after such removal for the space of two years. Said impeachment shall be conducted in open session after notice for such officer to appear, and shall require a two thirds vote to remove such officer. Any officer failing, without good and sufficient cause, providential or otherwise, to appear after such citation shall be removed for this cause. Malpractice. Sec. 21. Be it further enacted, That the cost of issuing, serving or executing all executions, summons, processes, writs and subp[oelig]nas as authorized by this Act, shall be the same as prescribed by the laws governing justices courts. Court costs. Sec. 22. Be it further enacted, That the mayor and council shall have power, in addition to the taxes imposed by this Act, to levy and collect or license all billiard and pool tables, tenpin alleys and tables or alleys and pins of any kind or number, used for playing of balls or pins, or both in said town, and all contrivances of any kind used for the purposes of gaming; to levy a specific tax not exceeding one hundred dollars upon all circuses, sleightofhand performances, tricks of legerdemain, operas, theatrical exhibitions, and all other shows taxed by the laws of Georgia, which may exhibit in said town, such tax being for each exhibition, and said tax shall be paid before a license shall be granted to carry on said business in said town. Licenses. Sec. 23. Be it further enacted, That said mayor and council shall have power to levy a tax, not exceeding ten dollars per annum, on all insurance companies having an agency in said town, or upon any and all transient agents doing business in said town in any of said lines; upon all drays, persons engaged in hauling for hire with any dray, carts, wagon, hack or other conveyance; upon all livery, sale or feed stables or other taxable business; upon all itinerant peddlers who may deal in commodities which may come in competition with the established business of said town, not exempt by the laws of Georgia. Said taxes may be collected by execution as in cases of other taxes. Specific taxes. Sec. 24. Be it further enacted, That any person who may engage in any business in said town without the payment of license, when a license is required or specific taxes are assessed, may be fined as for a violation of any ordinance. Defaulters. Sec. 25. Be it further enacted, That the mayor and council of said town shall have power to remove or cause to be removed all buildings, porches, steps or fences, or other obstructions or nuisances in or near the public streets, lanes, alleys, or sidewalks, or nuisance located anywhere in said town; also to tax and regulate hotels and own public cemeteries in said town; to regulate and

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control the sale of fresh meats, and if necessary, establish markets; to regulate privies, water closets, butcher pens, blacksmith shops, stoves and chimneys in said town, and remove or cause to be removed, at the expense of the tenant or owner, any of these that become dangerous to the public health of said town, or public or private property therein, or to compel the tenants or the owners thereof, by execution and levy, to abate any nuisance mentioned in this section. Police powers. Sec. 26. Be it further enacted, That they shall have power and authority to regulate and fix a fire limit in said town; to provide regulations to guard against fire; to prescribe materials for building in said fire limits, and should said regulations be disobeyed, it shall be the duty of the councilmen to have such building torn down at the cost of the owner thereof; to condemn all unsafe and dangerous structures and order them removed, and to impose fines for violations of said orders. Fire limits. Sec. 27. Be it further enacted, That whenever necessary, they may lay such drains and sewers as are needful to preserve the health of said town. Drains and sewers. Sec. 28. Be it further enacted, That they shall have authority to provide a system of public schools, lights or water-works for said town, as may be determined by a vote of two thirds of all the qualified voters of said town, voting at an election held for that specific purpose. Public schools, lights and water. Sec. 29. Be it further enacted, That they shall have power to pass all needful ordinances to prevent stock from running at large in said town, to provide for the impounding of the same and sale of such, after due notice has been posted for three days. Stock pounds. Sec. 30. Be it further enacted, That they shall have power to regulate or prevent the use of firearms, fireworks or other dangerous explosives or annoyances, used in sport or otherwise in said town. Explosives. Sec. 31. Be it further enacted, That they shall have power, upon proof of existence and maintenance of any house of ill fame or bawdy house within said town, to cause the occupant to be forcibly removed after three days' notice, and upon refusal to comply with such notice the mayor shall have power to impose a proper fine. Lewd houses. Sec. 32. Be it further enacted, That the officers shall not contract for any work to be done, for any material furnished to said town; but after advertisement of any work or supplies to be had or furnished, and upon receipt of sealed bids, an officer may contract as any other, provided his bid is the lowest received for such services or materials. Personal interest of officers in contracts. Sec. 33. Be it further enacted, That all orders for the payment of money, except as elsewhere provided, or other process, shall be signed by the mayor or mayor pro tem. of said town in his official capacity, and no money shall be paid out or any passed or signed in any other manner. Payments, how made. Sec. 34. Be it further enacted, That they shall have the same right to have compulsory process for attendance of parties and witnesses, and for the taking and forfeiting of bonds as are allowed in

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the courts of this State, and the mayor and council shall have authority to punish for contempt of court, by fine or imprisonment, as allowed in other courts; provided, no imprisonment for contempt shall exceed twenty days, nor fine for same to be over twenty dollars. The right to provide by ordinance for appeals from the judgment or decision rendered in the mayor's court is hereby delegated to said council. Mayor's court. Sec. 35. Be it further enacted, That the marshal of said town shall have authority to arrest without a warrant and bring before the mayor of said town for trial any violators of the ordinances thereof. Arrests. Sec. 36. Be it further enacted, That the mayor and council shall have full and absolute power and control over the sale of whisky, wines, beer, cider, intoxicating bitters or other intoxicants sold in said town, or kept for the purpose of distribution, or for any other purpose whatever, and make such needful rules and regulations as are necessary to carry into effect the provisions of this Act, whether said liquor shall be sold or disposed of in said town by a dispensary or by licensed bars, or in any other manner; provided, that no license shall be granted to any person or persons to sell liquor in said town for a space of less than twelve months, or for a less sum than one thousand dollars, to be charged for said license and paid in advance by the person or persons applying for said license. Said person so applying for license to sell liquor or other intoxicants in said town shall present at the time of the application for same a petition signed by a majority of the freeholders residing in said town, showing his fitness to hold said license, and asking the granting of the same by council, the rights herein contained being cumulative, and such laws heretofore passed for the said town are maintained under the present charter and hereby made a part of this, except so far as in conflict therewith. Sale of liquor. Sec. 37. Be it further enacted, That the marshal of said town shall have the authority to arrest any suspicious character, or any one loitering or lounging around said town, or any other person who may be out of employment for a space of four days; provided, said person or persons shall not have a sufficient amount of provision to keep themselves and families furnished with the necessaries of life. Said person or persons, when so arrested and brought before the mayor and convicted of the same, shall be punished as for a violation of any other section of this said ordinance. Suspicious characters. Sec. 38. Be it further enacted, That all ordinances now in force shall be continued as under the old charter at the will of the council unless in conflict, and then this charter shall not take effect until January 1, 1904, except that the registration books may be opened immediately after the passage thereof for the next regular election; provided, that there shall be no registration of voters required under this charter for the election of mayor and councilmen for the year 1904. Ordinances. Sec. 39. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903.

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HIGH SHOALS, CHARTER AMENDED. No. 384. An Act to amend an Act entitled an Act to incorporate the town of High Shoals, in the counties of Walton and Morgan, in the State of Georgia; to define its limits and to prescribe its municipal powers and privileges, and for other purposes, approved November 20, 1901, so as to extend the limits of said town by adding thereto the lot on which stands the Methodist church, adjacent to the present boundary line of said town, and more accurately to define the boundaries of said town. Section 1. The General Assembly of the State of Georgia do enact, That the first section of the Act entitled an Act to incorporate the town of High Shoals, in the counties of Walton and Morgan; to define its limits and to prescribe its municipal powers and privileges, and for other purposes, approved November 20, 1901, which in defining the limits of said town now reads as follows: Commencing at the center of the bridge across the Appalachee river at High Shoals, just above the shoals of that river and at the middle of the river on the line between Walton and Oconee counties, and running up said river on said line in the middle of the river to the corner in the river of the tract of land of the High Shoals Manufacturing Company, on which is located the cotton mills and buildings connected therewith of said company; thence along the line of said tract of land to the Monroe and High Shoals road, near the site of the Walker Harris Institute, in said town; thence along said road and including said road in the northeastern direction to where the land line of said company's tract of land crosses the same; thence along said line to the corner of said tract of land in the middle of the Appalachee river, below the shoals and cotton mill buildings; thence up the middle of the river to the center of the bridge, at the beginning corner, shall be so amended as to extend the limits of said town by adding thereto the lot on which stands the Methodist church, adjacent to the present boundary line of said town, and more accurately to define the boundaries of said town, and so that said section, when amended, shall describe the limits of said town as follows: Commencing at the center of the bridge across the Appalachee river at High Shoals just above the shoals of that river and at the middle of the river on the line between Oconee and Walton counties, and running up said river on said line in the middle of the river to the corner in the river of the tract of land of the High Shoals Manufacturing Company, on which is located the cotton mills and buildings connected therewith of said company; thence along the line of said tract of land to the Monroe and High Shoals road, near the site of the Walker Harris Institute, in said town; thence along

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said road, and including said road in the northeastern direction to where the western line of the lot or tract of land on which stands the Methodist church corners on said road; thence along the church lot line to the southwestern corner of said lot; thence in a northeastern direction along the back line of said church lot to the line of the tract of land aforesaid of the High Shoals Manufacturing Company; thence along the line of the said last named tract of land to the corner thereof, in the middle of the Appalachee river, below the shoals and the cotton mills buildings, said shoals and cotton mill buildings, except the dye house, being located in the county of Morgan; thence up the middle of the river to the center of the bridge, at the beginning corner. High Shoals, 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. Repealing clause. Approved August 15, 1903. ISABELLA, CITY OF INCORPORATED. No. 468. An Act to incorporate the city of Isabella, in Worth county, Georgia; to define the corporate limits of said city; to provide for the election of a mayor and five aldermen, and other city officers for the government thereof; to confer certain powers on the municipal authorities of said city, and to provide penalties for the violation of ordinances passed by said mayor and aldermen; to limit the rate of taxation to one half of one per cent.; to regulate the sale of merchandise and other commodities; to construct and maintain a system of sewerage and water-works; to regulate fire, police and sanitary protection; to raise revenue by taxation and special license or otherwise; to defray the expense of the city government; to grant franchises that may be necessary; and to provide for the laying off of 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 Isabella, in the county of Worth, be, and the same is, hereby incorporated as a city under the name of the city of Isabella. Isabella, city of incorporated. Sec. 2. Be it further enacted, That the corporate limits of said city shall be as follows: Beginning at the court house in said city, which is located near the center of lot of land number four hundred and twenty-four (424) in the 7th district of Worth county, Georgia, and running north, east and west, to the boundary lines of said lot of land, and then south from said court-house one thousand (1000) yards, said lines to be connected at the four corners thus formed. Corporate limits.

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Sec. 3. Be it further enacted, That the municipal government of said city 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 city of Isabella, and by that name shall be capable to sue and be sued in any court of law or equity in this State, to plead and be impleaded, and to do all other acts relating to their capacity, and shall be capable in law to purchase and hold, enjoy and possess, to retain to themselves and their successors for the sole use and benefit of the said city of Isabella, in perpetuity or for a term of years, any estate, real or personal, within the limits of said city, and sell, exchange or lease the same in any way whatever. Mayor and aldermen Sec. 4. Be it further enacted, That William H. Gregory be, and is, hereby appointed mayor; H. W. Bateman, A. B. Gregory, J. J. Forehand, J. W. Warren and N. D. Davis be, and they are, hereby appointed aldermen of said city of Isabella, to hold their office until the first annual election as hereinafter provided. Mayor and aldermen pro tem. Sec. 5. Be it further enacted, That on the first Wednesday in January, 1904, and each year thereafter on said day, that an election shall be held in the council chamber of said city for a mayor and aldermen. The said mayor and aldermen shall hold their offices one year from said 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 officers who are not qualified to vote for members of the General Assembly of this State, and who have not resided in said city for two 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 of said election 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 city. In the event that the office of mayor or any of the board of aldermen shall become vacant by death, resignation, removal or other cause, the mayor, or in case his office is vacant a majority of the aldermen, shall order an election to fill said vacancy, notice of which shall be given at least fifteen days before said election is held, said election to be conducted as provided in this Act above. Annual elections. Vacancies. Sec. 6. Be it further enacted, That before entering upon the discharge of their duties the mayor and aldermen shall subscribe to the following oath: I do solemnly swear that I will faithfully discharge all duties devolving upon me as mayor or alderman, as the case may be, of the city of Isabella, in Worth county, Georgia, according to the best of my ability and understanding, so help me God, which oath may be administered by any person authorized by the laws of this State to administer oaths. Oath. Sec. 7. Be it further enacted, That said mayor and aldermen shall have power and authority to elect such marshal, secretaries, treasurer and other subordinate officers as they may deem necessary for the proper carrying on of the powers herein granted, and to prescribe

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the duties and compensation of said officers, and to 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 they may deem necessary for the good order, peace, health and government of said city, 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. Ordinances, etc. 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 city, or that may be necessary to foster virtue, intelligence or good morals in said city, 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 city. 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 city, and not longer than thirty days. The penalty for working on the streets and other public property of said city shall be in no event for less than one day nor more than thirty days. General welfare. 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 city, 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 city, and to regulate fire, police and sanitary protection as they may deem proper. Water, sewers, fire and police. Sec. 12. Be it further enacted, That said mayor and aldermen shall raise revenue necessary to defray the expenses of said city 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 city by taxation and special license to defray the expenses of said city government; and said corporate authorities shall have power and authority to tax all shows or other exhibitions which may exhibit within said corporate limits of said city in a sum not exceeding that of the State tax on such shows and exhibitions, and to prohibit the same altogether when they deem it best for the financial or moral interest of said city; 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 city, to work on the streets, alleys, sidewalks, drives or other public property of said city not

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exceeding 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 or commutation fee shall in no event be more than one dollar per quarter or four dollars per annum for street taxes, and may be less in the discretion of the mayor and council. Taxation. Sec. 13. Be it further enacted, That said mayor and council shall have power and authority to grant franchises when they deem it to the best interest of said city, 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 cannot act. That said mayor and aldermen shall have power and authority by ordinances for the collection of taxes or fines or other moneys due said city 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. Mayor pro tem. Collections. Sec. 14. Be it further enacted, That the mayor and mayor pro tem. of said city shall be ex officio justices of the peace in criminal matters, and shall have authority to issue warrants for any offense committed against the laws of this State, committed within the corporate limits of said city, 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 the aforesaid county in default of bail. Mayor's court. Sec. 15. Be it further enacted, That the mayor of said city shall be chief executive officer; he shall see that the ordinances, by-laws, rules and regulations of the council are faithfully executed, and shall have control of the police of said city, and may appoint special police when he deems 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 city. Powers and duties of mayor. Sec. 16. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. JEFFERSONVILLE, CHARTER AMENDED. No. 304. An Act to amend an Act to incorporate the town of Jeffersonville, in the county of Twiggs, approved November 29, 1901, and for other purposes. Section 1. Be it enacted, That the present mayor and city

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council of the town of Jeffersonville shall be continued in office until the first Wednesday in January, 1905. The election for their successors shall take place the first Wednesday in December, 1904, and every two years thereafter. The terms of the mayor and councilmen shall be two years, or until their successors are elected and qualified. Jeffersonville, mayor and councilmen, terms of office. Sec. 2. Be it further enacted, That the mayor and council shall have the power to levy and collect from every male inhabitant in said town who is subject to road duty in the general laws of the State a street tax not to exceed the sum of three dollars per annum. Street tax. Sec. 3. Be it further enacted, That said mayor and council shall also have the power to levy and collect a business tax against each and every person engaged in business of any nature whatever in said town; and they shall also have the power to tax all property of every nature whatsoever within the corporate limits of said town, not to exceed the constitutional limitation; but said taxes shall be levied only in the event that the dispensary heretofore established should, for any cause, be abolished or discontinued, or the revenues therefrom should not be sufficient to meet the expenses of the town government and debts incurred for public improvements. It shall be left discretionary with the mayor and council to adopt such ordinances and regulations as may be necessary to carry into effect the foregoing system of ad valorem taxation. Taxation. Sec. 4. Be it further enacted, That the mayor and council of said town shall have the power to enforce the collection of the street tax herein provided for by execution against the property of any defaulter, or they shall have the power to punish the defaulter on said street tax by sentencing him to pay a fine not to exceed five times the amount of said street tax, or to work on the street or other public works of said town not to exceed thirty days, or both, at their discretion. Collection of street tax. Sec. 5. Be it further enacted, That said mayor and council shall have the power to pass such appropriate ordinances as may be necessary to carry into effect the provisions of this Act, or the Act establishing the town of Jeffersonville; and by appropriate ordinances said mayor and council shall have the power of so adjusting the date for the levy of taxes, and that said levy of taxes shall be adjusted to the powers herein given with reference to the revenues arising from the dispensary. Ordinances. Sec. 6. Be it further enacted, That excepting as herein altered, or except as shall be inconsistent with the terms of this Act, the Act establishing the town of Jeffersonville, approved 29th day of November, 1901, is hereby re-enacted. Sec. 7. Be it further enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Repealing clause. Approved August 6, 1903.

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KINGWOOD, TOWN OF INCORPORATED. No. 330. An Act to incorporate the town of Kingwood, in the county of Colquitt and State of Georgia; to define the corporate limits of said town; to provide for the election of a mayor and six 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 any and all municipal ordinances which may be passed by said mayor and aldermen, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That the town of Kingwood, in the county of Colquitt, be, and and the same is, hereby incorporated as a town under the name of the town of Kingwood. Kingwood incorporated. Sec. 2. Be it further enacted, That the corporate limits of said town shall extend one half mile north, east, south and west from an iron stake which stands on the original land line running east and west which divides land lots (260) two hundred and sixty and (293) in the (8th) eighth district of Colquitt county, Georgia, so that the town limits shall be in a square, starting at this iron stake, which shall be the center of said town. Corporate limits. Sec. 3. Be it further enacted, That the municipal government of said town shall consist of a mayor and six aldermen, who are hereby constituted a body corporate under the name and style of the mayor and alderman of the town of Kingwood, and by that name shall be capable to sue and be sued in any court of law or equity in this State; to plead and be impleaded, and to do all other acts relating to their capacity, and shall be capable in law to purchase, hold, enjoy and possess any real or personal property whatsoever, either to themselves or their successors in office, for the sole use and benefit of the said municipality in perpetuity, or for a term of years, which may be located in said town, and to sell, exchange or lease the same in any way whatsoever. Mayor and aldermen, corporate powers. Sec. 4. Be it further enacted, That T. R. Tindall be, and he is, hereby appointed mayor of said town, and M. R. Kimberly, Mike Jungling, J. M. Harris, G. B. Courtney, T. B. Bryant and G. H. Piland be, and they are, hereby appointed aldermen of said town of Kingwood, to hold their offices until the first annual election as hereinafter provided. Mayor and aldermen pro tem. Sec. 5. Be it further enacted, That an election shall be held in the council chamber of the town of Kingwood on the first Monday in January, 1905, and biennially thereafter, for the election of a mayor and six aldermen, to serve two years from that date and until their successors are elected and qualified, and the said mayor and six aldermen hereby appointed shall hold their offices until the first Monday in January, 1905, and until their successors are elected and qualified. Biennial elections.

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Sec. 6. Be it further enacted, That no person shall be eligible to vote or hold any office in the said town of Kingwood who is not qualified to vote for members of the General Assembly of this State and who have not resided in the town of Kingwood for at least three months previous to the holding of the election at which he offers to vote. Eligibility. Sec. 7. Be it further enacted, That the returns of the elections held in the town of Kingwood for mayor and aldermen shall be made to the mayor and aldermen of said town. In the event the office of mayor or aldermen, or any of the board of aldermen, should become vacant by death, resignation or removal, or other cause, the mayor shall appoint any suitable, fit and proper person to serve out the said unexpired term, and in case the office of mayor should become vacant for any reason whatever, then a majority of the board of aldermen shall appoint some fit and proper person to serve out the unexpired term, in each case the appointee to have the qualifications as provided in this Act, supra. Election returns. Sec. 8. Be it further enacted, That before entering upon the discharge of their duties, the mayor and alderman of said town of Kingwood shall subscribe 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 Kingwood, in Colquitt 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. 9. Be it further enacted, That said mayor and aldermen shall have power and authority to elect such marshals, secretaries, treasurer and all such subordinate officers as they may deem necessary for the carrying on of all the powers herein granted, and to prescribe the duties and compensation of such officers, and to require of them such bond as they deem necessary for the faithful discharge of their duties. Officers. Sec. 10. Be it further enacted, That said mayor and aldermen shall have power to make and pass all such ordinances, by-laws, rules and regulations that they may deem necessary for the good order, peace, health and good government of said town, and for the enforcement of all the powers herein granted; provided, they are not in conflict with the Constitution of the State of Georgia or the Constitution of the United States. Police powers. Sec. 11. Be it further enacted, That said mayor and aldermen shall have exclusive jurisdiction over the streets, alleys, lanes and sidewalks of said town; that they shall have power to lay off, alter, establish and abolish any street, sidewalk, lane or alley in said town; shall prescribe by ordinance how many days each person shall work on the streets annually, and may allow each person liable to road duty to pay in lieu thereof a commutation tax. Streets, etc. Sec. 12. Be it further enacted, That said mayor and aldermen shall have power and authority to enforce the observance of their ordinances by fine, imprisonment or work on the streets of said town, or confinement in the guard-house, but no fine shall be for more than ($50.00) fifty dollars, and confinement in the guard-house shall not exceed thirty days. Ordinances, how enforced.

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Sec. 13. Be it further enacted, That no license to sell or vend any spirituous, malt or intoxicating 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 liquors above mentioned ever be sold in said town of Kingwood within six hundred yards of any church or schoolhouse in said town. Sale of liquor. Sec. 14. Be it further enacted, That the said mayor or the mayor pro tem. of the said town of Kingwood is hereby empowered to bind over any offender to answer to the proper court in Colquitt county for the violation of any State law, and to assess the amounts and accept the bonds offered for their appearance to answer such charges. Offenders. Sec. 15. Be it further enacted, That the mayor and aldermen of the town of Kingwood shall receive such compensation for their services 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 the discharge of the duties of their office such compensation as they, or a majority of them, shall fix at some regular meeting of their body. Salaries. Sec. 16. Be it further enacted, That the mayor and aldermen of the town of Kingwood shall have power to levy and collect an ad valorem tax on all property in said town, the same not to exceed twenty-five cents on the one hundred dollars for any one year. Taxes. Sec. 17. Be it further enacted, That at the first meeting of the mayor and aldermen of the town of Kingwood they shall elect a mayor pro tem., who shall have the same qualifications as those of the mayor of the said town of Kingwood, and who shall be selected from their body, and who shall preside in the absence of the mayor, and in the absence of both the mayor and the mayor pro tem. either of the said aldermen shall act as mayor of the town of Kingwood. Mayor pro tem. Sec. 18. Be it further enacted, That the mayor and aldermen of the town of Kingwood shall have power and authority to provide by ordinance when the taxes of said town 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. Taxation. Sec. 19. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 13, 1903.

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KITE, CHARTER AMENDED. No. 333. An Act to amend an Act entitled an Act to incorporate the town of Kite, in the county of Johnson, and to provide for the election of a mayor and council, and to define their power and duties, 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 above recited Act be, and the same is, hereby amended by adding after the word imprisonment in the eleventh line of said section the following words: or by working those convicted upon the streets or other public works of said town, and by striking the word `both' in the twelfth line of said section and inserting in lieu thereof the word `all' and by striking the word `two tenths' in the twenty-third line of said section and inserting in lieu thereof the words `one half.' Kite, town of. Chaingang. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 13, 1903. LaFAYETTE, CITY OF, NEW CHARTER FOR. No. 327. An Act to establish a new charter for the town of LaFayette, in Walker county, Georgia, reincorporating said town under the name and style of the City of LaFayette; to grant certain privileges to said town; to repeal all Acts in conflict thereto; to establish and define the limits of said town; to provide for the election of officers; to prescribe their duties, rights and powers; to establish a system of public schools therein; to provide for their support and maintainance by taxation or otherwise; to provide for a board of education in said town; to authorize and require the State School Commissioner of the State of Georgia to pay to said board of education the pro rata share of the State school fund to which said town may be entitled, and for other purposes. Section 1. Be it enacted by the General Assembly of

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the State of Georgia, and it is hereby enacted by authority of the same, That the town of LaFayette, in Walker county, be, and the same is, hereby reincorporated under the name and style of the City of LaFayette, and from and after the passage of this Act, the several Acts incorporating the town of LaFayette, as well as the Acts amendatory thereto, be so amended, superseded and changed as that the character of the City of LaFayette shall read as follows: The municipal government of the city of LaFayette shall consist of a mayor, five aldermen, who are hereby constituted a body corporate under the name and style of the city of LaFayette, and by that name and style shall have perpetual succession, with power to make such ordinances, resolutions and by-laws, for municipal purposes, as may be deemed proper, not in conflict with this charter nor the Constitution and laws of this State nor the United States; and with power in and by said corporate name to contract and be contracted with, sue and be sued, plead and be impleaded in all the courts of this State and do all other acts relating to its corporate capacity, and be able, in law, to purchase, hold, receive, enjoy, possess and retain for the use and benefit of the said city of LaFayette any property, or for any term of years any estate, real or personal, lands, tenements, hereditaments of whatever kind or nature soever, within the limits or without the limits of said city for corporate purposes, and hold all property and effects now belonging to said city for the purposes and intents for which the same was granted or dedicated; to use, manage and improve, sell and convey, rent or lease, and have the like power over property hereafter acquired, and to have and to use a common seal. All ordinances, rules and regulations heretofore adopted in said city, and now in force, shall continue in operation until the same are repealed, amended and codified by the mayor and aldermen; provided, the same are not in conflict with the provisions of this Act. The present mayor, aldermen and recorder of the city of LaFayette, to wit: James F. Patton, mayor; W. E. Withers, B. A. McCall, John W. Bale, P. D. Fortune and Wallace B. West, aldermen, and E. M. Simonton, recorder, shall continue to be mayor, aldermen and recorder of the city of LaFayette until their successors are elected, as is hereinafter provided. LaFayette, city of incorporated. Mayor and aldermen, corporate powers. Ordinances. Mayor and aldermen pro tem. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said city shall begin at a point where the corporate limits of the town of Linwood, in Walker county, touch the corporate limits of said city east of the Central of Georgia railway track; thence extending north along and beyond the east

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boundary line of said town of Linwood to a point one mile distant from the present court-house of Walker county; thence eastward in a circle one mile in every direction from said court-house to a point immediately west of where the southwest corner of the corporate limits of said town of Linwood touches the Cove public road; thence east to the said southwest corner of the said town of Linwood; thence east along the south corporate line of the town of Linwood to the point of beginning. Corporate limits. Sec. 3. Be it further enacted, That on the first Tuesday in January, 1904, there shall be held in said city an election for mayor, five aldermen and a recorder, who shall hold their offices for one year, and until their successors are elected and qualified. At said first elections all persons residing within the corporate limits aforesaid for six months, who would be entitled to vote for members of the General Assembly, shall be qualified electors. After said first election here shall be held annually on the first Tuesday in January an election for mayor, five aldermen and a recorder. At such subsequent elections all persons who shall have been bona fide residents of said city for six months before the day of elections, who, before registering as hereinafter required, have paid all taxes of every description, legally imposed and demanded by authority of the city, who shall have been duly registered as hereinafter provided, and who shall be qualified to vote for members of the General Assembly, shall be qualified electors. Such elections shall be conducted under the management of a justice of the peace and two freeholders, who are electors of said city and not candidates in said elections, or in the absence of a justice of the peace any three freeholders, electors of said city, not candidates in said election, may manage the same. Said managers shall conduct elections, as near as practicable as elections for members of the General Assembly are conducted. The polls at such elections shall be open at 8 o'clock a.m. and close at 4 o'clock p.m. After the first election under this charter the mayor and city council may appoint any three freeholders, or any two freeholders, and a justice of the peace, who are electors of said city, to conduct said election. The managers shall each, before proceeding with the election, take and subscribe the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are qualified by being freeholdrs or justices of the peace to hold the same; that we will make a just and true return thereof, and not knowingly permit any one to vote unless we believe he is justly entitled to do so, according to the charter of this city;

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not knowingly prohibit any one from voting who is entitled; and we will not knowingly divulge for whom any vote was cast unless called upon to do so under the law, so help us God. Said affidavit shall be signed by each superintendent or manager in the capacity in which he acts. Said oath shall be made and subscribed to before some officer authorized to administer oaths if any such be present, and if no such officer be present, said oath may be made and subscribed by each manager in the presence of the others. The managers, acting at first election under this charter, shall issue a certificate of election to each of the persons elected, which shall be recorded on the records of the city. Said certificates shall be sufficient authority to the persons so elected to enter upon the discharge of their official duties after qualification as hereinafter provided. The managers of each subsequent election shall issue to the newly elected mayor, each of the aldermen and the recorder a like certificate, and shall also certify the result of the election to the acting council, which last certificate shall be entered upon the records of said mayor and council. Said managers shall also furnish to the city council one of the tally-sheets of said election certified by them as correct. Annual elections. Sec. 4. Be it further enacted, That in the event the office of mayor, any one or more of the aldermen, or the recorder, shall become vacant by death, removal, disqualification, or other causes, the aldermen shall fill such vacancies by an election, which shall consist of a majority vote of the remaining members of the board of aldermen. Said newly elected persons to fill the unexpired terms only. Vacancies Sec. 5. Be it further enacted, That before entering upon the duties of their respective offices, the mayor and each alderman shall make and subscribe the following oath, which may be administered by any person qualified to administer oaths: I do solemnly swear that I will faithfully discharge all duties devolving upon me as mayor or alderman (as the case may be) of the city of LaFayette during my continuance in office, according to the best of my ability and understanding, so help me God. Said oath shall be entered upon the records of the city. Official oath. Sec. 6. Be it further enacted, That the mayor and aldermen shall elect annually at the first regular meeting of the city council in February a mayor pro tem. from the aldermen, whose duty it shall be to act in all cases in the absence of disqualification or sickness of the mayor, during which time he shall be clothed with all the necessary powers of the mayor; a treasurer, who shall be a member of the board of aldermen; a city marshal; three tax-assessors,

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who shall be freeholders of said city, and a tax-collector, and when the growth of the city may require, additional police protection, all of said officers for one year, and until their successors are elected and qualified; provided, that any of said officers may be removed at any time by a majority vote of the mayor and city council for neglect of duty, incapacity or malfeasance in office. The mayor and city council may also appoint special policemen when in their judgment such appointment may be necessary; such policemen to be discharged when the emergency requiring their service is passed, and to be compensated as the mayor and council may determine; or the city council may, by general ordinance, provide for the appointment at a fixed compensation per day, week or month of such policeman, by the mayor. While such policemen are on duty they shall have the same authority in preserving order and be charged with duties as are prescribed by the regular policemen of the city. Mayor pro tem. Officers. Sec. 7. Be it further enacted, That after the first election held under this charter, no person shall be allowed to vote in any election held in said city who has not been duly registered as hereinafter provided. Voters. Sec. 8. Be it further enacted, That the recorder of the city council shall keep a book to be labeled Registration Book of the city of LaFayette, in which he shall register upon application in alphabetical lists, keeping a separate list of white and colored voters, the names of all male persons, who shall make and subscribe the following oath: I do solemnly syear that I am a citizen and qualified voter of the State of Georgia, according to the Constitution and laws thereof, and that on the first Tuesday in January next I will have been a bona fide resident of the city of LaFayette six months, and have paid all taxes legally required of me by said city. Sworn to and subscribed before me thisday of 19. Recorder. Such registration book shall be kept open for the registration of voters thirty days preceding such election, when it shall be closed five days before each election. Said book shall be present at each election, in charge of managers, and no persons whose names are not found thereon shall be allowed to vote. The recorder shall have such compensation for keeping registration books as the council shall allow, not to exceed three cents per name. Registration of voters. Sec. 9. Be it further enacted, That any person voting

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at any city election who is not qualified to vote according to the provisions of this charter shall be guilty of a misdemeanor, and upon conviction thereof in the superior court of Walker county he shall be punished as prescribed in section 1039 of the Penal Code of this State of 1895. Illegal voting. Sec. 10. Be it further enacted, That any person qualified to vote at said city election as above provided for, and eligible to hold office according to the Constitution and laws of this State, shall be eligible to hold any office in said city elected by a vote of the people. Eligibility. Sec. 11. Be it further enacted, That the salaries of all officers of the city of LaFayette shall be fixed by the mayor and council at the last regular meeting in December for the ensuing year, which salaries shall not be diminished during the term of office of such officers. Salaries. Sec. 12. Be it further enacted, That a majority of the aldermen shall constitute a quorum for the transaction of business, but in all cases a less number may adjourn from time to time, and may compel the attendance of absentees. Any alderman shall have the right to call for the ayes and nays and have the same recorded on the minutes in all cases. The mayor shall have no vote except in case of tie. Quorum. Sec. 13. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the city government the mayor and city council of LaFayette shall have full power and authority and shall prescribe by ordinance for the assessment, levy and collection of an ad valorem tax upon real and personal property within the corporate limits of said city to defray the ordinary annual expenses of the city government, a tax not to exceed three tenths of one per centum; and to pay any other extraordinary expenses of the city government, such tax not to exceed one fourth of one per cent., as may be necessary in the discretion of the mayor and city council of the city of LaFayette. Ad valorem tax. Sec. 14. Be it further enacted, That the mayor and city council shall have full and absolute power and control over the sale of whiskies, beer, cider, intoxicating bitters or other intoxicants of all kinds and descriptions, whether fermented or distilled, sold in said town, or kept for the purpose of sale, distribution or for any purpose whatever, and make such needful rules and regulations as are necessary to carry into effect the provisions of this Act; provided, that no license should be granted to any person to sell liquor in said city for a space of less than twelve months,

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or for a less sum than ten thousand dollars to be charged for said license, and paid in advance by person applying for said license. Said persons so applying for said license to sell liquor in said city shall present, at the time of the application for the same, a petition signed by a majority of freeholders residing in said city, showing his fitness to hold such license and asking the granting of same by council, and the mayor and city council shall have full power and authority to impose penalties upon persons selling such liquors without license, or for violating any of the city ordinances regulating the sale of same; provided, that this section of this Act shall obtain and be of force so long as it is legal to grant license to sell liquor in Walker county, and no longer. Liquor, sale of. Sec. 15. Be it further enacted, That the mayor and city council of LaFayette shall have power and authority to license, regulate and control all taverns, hotels, cafes, restaurants, boarding houses and livery stables, hacks, drays and other vehicles, auctioneers, vendue-masters, itinerant traders, theatrical performances, shows, circuses, exhibitions of all kinds, itinerant lightningrod dealers, emigrant agents, clock and stove peddlers, peddlers of all kinds, itinerant dealers in jewelry and all other traveling and itinerant venders of articles, goods, wares and merchandise of every nature whatsoever; every keeper of a pool, billiard or bagatelle table kept for the public use; every keeper of a shooting-gallery, ninepen or tenpin alleys; upon the keeper of any other table, stand or place for the performance of any game or play, whether played with stick or ball, rings or other contrivances; upon the keeper of flying horses, bicycles, velocipedes or skating rink; insurance agents, life and fire insurance companies, brokers, dealers in futures, loan agents, agents for industrial and aid societies that charge weekly, monthly or annual dues, premiums or assessments, agents for any other business or calling whatever; keeper of slaughter houses, beef markets, green groceries, dealers in fruit, oysters, vegetables, fruits, bread and other articles of food; upon every pawnbroker, and upon all establishments, business callings or avocations not hereinbefore mentioned, and which under the laws and Constitution of the State of Georgia are subject to license. Licenses. Sec. 16. Be it further enacted, That the mayor and city council of LaFayette shall have power to levy and collect a street tax, not to exceed five dollars, upon each and every male person between the ages of sixteen and fifty years, except licensed ministers of the gospel who are in the regular discharge of their

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regular ministerial duty and in charge of one or more churches, and except all persons who have lost one arm or leg; provided, that all persons so taxed shall have opportunity to work the streets of said city, and may relieve themselves of said tax by working on the streets not exceeding fifteen days in any one year, under the direction or control of the city marshal, or other officer of said city. That upon the non-payment of said street tax, or failure to work on the streets as provided in this section, the person so offending, after five days' notice, may be sentenced by the mayor to work upon the streets of said city for and during the term of not exceeding fifteen days, under the direction and control of the city marshal, or to confinement in the guard-house for a term not exceeding ten days, in the discretion of the mayor. Street tax. Sec. 17. Be it further enacted, That said mayor and city council shall have full power and authority to remove, or cause to be removed, all buildings, porches, steps, fences or other obstructions or nuisances in public streets, lanes, alleys or public sidewalks in said city; they shall have power, if necessary to establish a market or markets in said city; to regulate all butcher pens, slaughter houses, tan yards, livery stables, black-smith shops, forges and chimneys, steam sawmills, steam grist mills, mill ponds, fish ponds, and steam gins within said city; and remove or cause to be removed the same, or any of them, in case they become nuisances, dangerous or injurious to the health of the city; they shall have power also to fill up pits, cellars or excavations in said city, or cause the owner to do so, when they shall deem it necessary for the public interest to have the same done; they shall also have the power to regulate and control all public wells, pumps, running streams, branches, creeks or springs in said city, and shall prevent the adulteration of the waters thereof in any way whatever; they shall also have power to regulate and control all fire companies and engines, or any other apparatus of like character in said city; they shall also have power to remove, or cause to be removed, all dilapidated or unsafe buildings, fences, chimneys, sawdust, any decaying animal or vegetable matter of any kind, etc., which may be considered a nuisance or considered dangerous, at the expense of the owner, and should any owner or lessee fail or refuse to comply with any ordinances passed for such purpose, the work may be done by the city and the expense attending the same collected by execution issued against said owner or lessee, and said execution shall proceed and have the

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same force, power and dignity as an execution for taxes that may be issued by the said city. Nuisances, etc. Sec. 18. Be it further enacted, That said mayor and city council shall have power and authority to open, lay out, widen, straighten or otherwise change the streets and alleys of said city, and to improve and light the same, and shall have power to lay off, vacate, close up, alter, open, curb, pave, drain and repair the roads, streets, bridges, sidewalks, cross tracks, drains and gutters for the use of the public or any citizen of said city; they shall also have the power to compel the owner or lessees of property to pave or otherwise keep in good condition, as they may direct, the sidewalks in front of said property. Should any owner or lessee fail to comply with any ordinance passed for such purpose the work may be done by the city and the expense attending the same collected by execution issued against said owner or lessee; they shall have power also to protect places of public worship, provide places for the burial of the dead, and to regulate interments therein; to regulate the keeping of gunpowder or other combustibles and explosives; to make regulations guarding against fire; to establish fire limits, and from time to time enlarge and restrict the same. They shall also have power to provide, lay out improve and maintain public parks or pleasure grounds, and have complete authority and jurisdiction over the same. They shall also have power and authority to grant franchises for water-works, gas-works, electric lights, street cars, electric cars, telephone and telegraph lines through the streets and alleys of said city upon such terms and conditions as said mayor and city council may by ordinance prescribe. Streets, etc. Sec. 19. Be it further enacted, That the mayor and city council shall have power in the opening of any new streets in said city, or in altering or extending any street, to condemn private property upon the following conditions: If the owner of the property to be affected claims that he will be damaged thereby, and if such owner and mayor and council are unable to agree as to the amount thereof, the mayor and council shall select one upright, intelligent freeholder of said city and the owner of such property shall select one such person, or if he shall fail or refuse to make such selection within five days after having been notified by the mayor and council of their selection, then it shall be the duty of the clerk of the superior court of Walker county to select some intelligent and upright citizen freeholder as aforesaid, and it shall be the duty of the two persons selected to

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select a third intelligent and upright citizen freeholder as aforesaid, and it shall be the duty of said three persons to assess the damages sustained by this owner of said land, taking into consideration the enhanced value, if any, to the property by reason of public improvement, and either party may appeal from the award of said arbitrators to the superior court of Walker county; provided, that the mayor and council, upon payment or tender to the owner or his agent of any sum found by said arbitrators, shall have the right to proceed to open, alter or straighten said street notwithstanding said appeal, upon giving bond and security to pay any other future damages that may be recovered on appeal. Condemnation of property etc. Sec. 20. Be it further enacted, That should any person, firm or corporation fail or refuse to pay the city tax or license, or tax and license imposed by the city authorities, according to this charter, within the time allowed or prescribed by the ordinances of said city, the recorder shall issue an execution against said delinquent for the amount due by him to said city, which shall bear test in the name of the mayor and recorder of said city. Said execution shall bind all property that said defaulting taxpayer owns in said city for the year for which said taxes are due; said execution shall be directed to and enforced by the marshal of said city, who, after levying the same upon the property of said defaulting taxpayer, shall, if the property levied upon be personal property, advertise for sale by posting notice thereof in three or more public places in said city for ten days before the day of sale, and if the property levied upon be real estate he shall advertise the same once a week for four weeks within the public gazette wherein the sheriff's sales of Walker county are advertised, or some other newspaper published in said city, before selling the same. All sales under such excution shall be made by the city marshal before the door of the court-house of Walker county, or such place as the mayor may direct, notice of which place and time of sale shall be contained in the advertisement. The property levied upon shall be sold by the marshal at public outcry under the laws of sheriff's sales to the highest bidder for cash; when personal property is sold the marshal shall deliver possession thereof on the spot to the purchaser; when real estate is sold the marshal shall make to the purchaser a deed, which shall be effectual in passing the title as the deed of the person against whom the execution issued, and it shall be the duty of such marshal, upon the application of the purchaser or his agent, to put in possession said purchaser or his agent of the real

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estate sold; provided, said marshal shall not be authorized to turn out any other person than such delinquent taxpayer, his heirs, tenants or assigns. The recorder shall be entitled to fifty cents for each fi. fa. issued, and the marshal shall be entitled to the same fees for levies as are by law allowed a constable in the State, and the same fees for selling as is by law allowed the sheriff in this State. Municipal claims, executions, etc. Sec. 21. Be it further enacted by the authority aforesaid, That said mayor and city council shall have power and authority to build and provide a council chamber; to establish and provide by regulations for a city guard-house in which to confine for punishment, when necessary, persons sentenced by the mayor for violating any of the city ordinances or any of the penal sections of this charter, for safe detention of any disorderly persons, and all persons committing or attempting to commit crime; and the marshal or any policement of said city shall have the authority to take up disorderly persons and all persons committing or attempting to commit any crime, and confine them in the guard-house to await their trial. Council chamber and guard-house. Sec. 22. Be it further enacted, That the mayor and aldermen of said city shall be bound to keep the peace, and for this purpose shall be ex officio justices of the peace, so as to enable them, or either of them, to issue warrants for offenses committed within the jurisdiction of the city, and shall have power, on examination, to commit the offender or offenders to the guard-house of said city or to the common jail of Walker county, or to allow bail, if the offense be bailable, to appear before the proper court of said county for trial. Mayor and aldermen ex officio justices of the peace. Sec. 23. Be it further enacted, That the mayor of said city, or the mayor pro tem. when acting as mayor, shall have power and authority to hold a police court for the trial and punishment of all violators of the ordinances, rules and regulations of said city, and upon conviction punish said offenders by a fine not to exceed one hundred dollars and cost, or by labor on the streets or public works of said city, under the control and direction of the proper officers, not to exceed ninety days, or by confinement in the guard-house or the common jail of Walker county not to exceed sixty days, or any one or more of these punishments may be ordered in the discretion of the mayor or mayor pro tem. trying said offender. When proceeding in such police court the mayor or mayor pro tem. shall have power to punish for contempt by fine not exceeding twenty-five dollars or confinement in the guard-house or common jail of Walker county not exceeding

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thirty days. The mayor who presides in said police court may call said court when he may deem it proper and necessary to clear the guard-house or the docket of said court. In the absence of the mayor, or should he for any reason be disqualified to try any case or cases against any violators of the ordinances, rules or regulations governing said city of LaFayette, the mayor pro tem. shall have the power to hold said police court, or should he be absent or for any reason be disqualified, any alderman of the city shall have power to hold police court. Police court. Sec. 24. Be it further enacted, That whenever any execution issued by the proper authority of said city for fines, forfeitures, taxes, licenses or any duty or demand due said city, shall be levied on any property claimed by another person not a party to the execution, said claim shall be investigated under the same rules, regulations or restrictions as regulate claim cases under the laws of this State, and the said claim shall be tried by a jury in the justice court or superior court having jurisdiction thereof, as the case may be. Claims. Sec. 25. Be it further enacted, That the mayor and city council of said city shall prescribe by ordinance the time and manner in which the officer or officers to whom all property, occupations, etc., shall be returned for taxation by said city, and it shall be the duty of the tax-assessors to value the real estate of said city for taxation, and to scrutinize carefully each return of property, real and personal, by any taxpayer in the said city, and if, in their judgment, they shall find the property embraced in the return, or any portion of it, returned below its value, said assessors shall assess the value thereof within fifteen days, or such other time as may be prescribed by the mayor and city council, when the assessors shall raise the valuation at which the taxpayer has returned his property. Said assessors shall give him written notice of their assessment, and it shall be the taxpayer's privilege, if dissatisfied with the assessment, to appeal to the mayor and city council under such rules and regulations as they may prescribe. Tax returns. Sec. 26. Be it further enacted, That the mayor and city council of said city may, in their discretion, appoint a board of health, consisting of three citizens, one of whom shall be a regularly licensed practicing physician. They shall meet as often as may be necessary, investigate into the sanitarv condition of the city and report to the mayor and city council all nuisances likely to damage the health of the city. Upon such report being made by said board of health, it shall be the duty of

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the mayor and aldermen to cause such nuisance to be abated and the recommendations of the board of health carried out in a summary manner, at the expense of the party whose acts causes said nuisance, or of the owner of the premises, as the mayor and aldermen may elect. Said mayor and city council, upon the recommendation of the board of health, shall have power and authority to cause the owners of lots and parcels of land in said city to drain the same, or to fill up the same to the level of the streets or the lands upon which they front, or to drain any pool of water thereon; also to compel the owner or owners of cellars occasionally holding water to cause the same to be emptied of the water, or to fill up the same, if necessary, and in case the owner or owners of said lot or lots, parcel or parcels of land shall fail or refuse, after reasonable notice to him or his agent, to comply with the requirements of said mayor and aldermen by filling up said lots or parcels of land, or by draining the same, or by draining any pool of water thereon, or by emptying or filling up such cellars, it shall be lawful for such mayor and city council to cause the same to be done, and for the amount expended for this purpose the recorder shall forthwith issue an execution against the owner of said property, to be collected from said lot or parcel of land, and the sale under the marshal shall pass the title to said property as completely to the purchaser as sale under judgment or execution by the sheriff of said county. Said mayor and city council shall also have authority, upon the recommendation of the board of health, to make and enforce for any length of time such rules and regulations as they may deem proper to prevent the introduction into said city of any infectious or contagious disease, or to isolate, localize or prevent the spread or increase of the same when found in the city. The power and authority conferred in this section may be exercised by the mayor and city council in their discretion, without the recommendation of said board of health, if at the time no such board exists in the city. The said mayor and city council shall have power and authority at any time to fill any vacancy that may occur in said board of health. Board of health. Sec. 27. Be it further enacted, That it shall not be lawful for the mayor or any alderman of the city to be interested, either directly or indirectly, in any contract with the city of LaFayette having for its object the improvement of the city or any part thereof, and in the expenditure of its money, and for the violation of this section by the mayor or any alderman of said city, the offender

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shall be, on conviction, punished as in other misdemeanor cases prescribed by the Code of this State. Municipal contracts. Sec. 28. Be it further enacted, That all warrants, summons and precepts issued by the mayor or aldermen of the city of LaFayette, or by the recorder, bearing test in the name of said mayor, shall be directed to the marshal, deputy marshal, or police of said city, and the said mayor and aldermen shall have the power to issue subpoenas, or cause the same to be issued by the recorder, to compel the attendance of parties or witnesses to the mayor's court and the meeting of said mayor and aldermen. The said mayor and aldermen shall have full power and authority to take and receive from all parties and witnesses such bond as they may deem necessary to secure the attendance of said witnesses and parties, and to pass all ordinances to carry their behest into effect, to forfeit and collect said bonds in the same manner that such bonds forfeited in the superior courts of this State. Mayor's court. Sec. 29. Be it further enacted, That the mayor and city council shall have full power and authority, in their discretion, to organize a city chain-gang in said city, under the same rules and regulations as may be adopted by the said mayor and aldermen, and to cause all offenders against the laws and ordinances of said city to work in said chain-gang, on the streets and public works of said city, as said mayor and aldermen may direct, and the said mayor and city council shall have power and authority to work criminal convicts in the said chain-gang, agreeable to the laws of this State. Chain-gang. Sec. 30. Be it further enacted, That said mayor and city council shall have full power and authority to take up and impound any horses, mules, cattle or hogs running at large within the limits of said city, and to regulate and control the keeping of dogs in said city, and to provide for the impounding and disposing of the same, and to pass all such ordinances as may be deemed necessary for the carrying out the provisions of this section. Animals, pounds for. Sec. 31. Be it further enacted, That the mayor and city council may cause the entire police force of said city to be uniformed and armed, so as to be readily recognized by the public as peace officers. Police. Sec. 32. Be it further enacted, That the mayor and city council of the city of LaFayette shall have full power and authority to establish and maintain a system of water-works and sanitary sewerage for said city, and to compel lot owners to connect with said sewer, and may purchase or condemn any property, within or without the city, that may be necessary for either of

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said public works. In case it shall become necessary to condemn any property under this section, or for any other public works, the proceedings shall be the same as in section 19 of this charter. Water-works. Sec. 33. Be it further enacted, That the mayor and city council of the city of LaFayette shall have power and authority to fix and establish fire limits, and from time to time to enlarge, restrict or change the same, and to provide a system of fire alarms should same be deemed necessary. Said mayor and aldermen shall also have authority to regulate the character of all buildings hereafter erected in said city. Fire limits. Sec. 34. Be it further enacted, That the mayor and city council shall have power and authority to contract debts and issue bonds of said city under and in accordance with the limitations provided in the Constitution of this State and the general laws applicable to municipalities, and with the funds arising from the sale of any bonds thus issued may refund any existing debt, establish and maintain a system of water-works, gas-works, a system of electric lights and a street railway system, or they may grant franchises to any person or persons, firm or corporation, to purchase, acquire, erect, own, operate, manage and control water-works, gas-works, electric lights, telegraph, telephone or street railway system. They shall also have authority to erect public buildings, or any improvement necessary for the welfare of the citizens of said city, and to create a debt, and issue bonds of said city for the above described purposes under the limitations herein stated. Municipal debts and bonds. Sec. 35. Be it further enacted, That the mayor and city council of LaFayette shall have power to remove any forge or smithshop when, in their opinion, it shall be necessary to insure safety against fire; they shall have power to cause any stove, stovepipe or other thing which shall endanger the city as to fire to be removed or remedied at the expense of the owner, as its prudence shall dictate. Dangerous structures. Sec. 36. Be it further enacted, That should the mayor or any officer of said city be guilty of any wilful neglect, mal practice or abuse of power, he shall be subject to be indicted in the superior court of Walker county, and on conviction shall be punished as for a misdemeanor. Malpractice. Sec. 37. Be it further enacted, That it shall be the duty of the marshal to prosecute all offenders against the laws of this State for crimes committed within the limits of said city. It shall be his duty to arrest, or cause to be arrested, all disorderly persons, all persons committing or attempting to commit

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crime, and to commit them to the guard-house, or other place of confinement to await trial. It shall further be his duty to execute all processes and orders of the city, and to discharge any other duties imposed upon him by the laws, ordinances, rules and regulations of said city. Marshal. Sec. 38. Be it further enacted, That the treasurer shall be the custodian of the funds of said city, and that the recorder shall be the keeper of the records of said city, and he shall issue all processes and discharge all duties that may be required of him by the laws, ordinances, rules and regulations of said city. Upon entering upon the discharge of their duties they shall take and subscribe an oath for the faithful performance of the duties of their respective offices, and shall each give bond for the faithful performance of their duties in such sums as may be fixed by said mayor and aldermen. Recorder and treasurer. Sec. 39. Be it further enacted, That any person who may be convicted before the mayor's court shall have the right to appeal from the judgment of said mayor's court to the mayor and city council of LaFayette, and shall have the right to give bond and security in such sum as may be fixed by the mayor for his appearance before the mayor and city council. The mayor and council shall try all appeal cases de novo and may, in their discretion, affirm the judgment of the mayor, reduce or increase the punishment, or acquit the defendant. Appeals. Sec. 40. Be it further enacted, That any person who may be convicted before the mayor and city council of the city of LaFayette may, by giving notice of his intention to certiorari, suspend the judgment, and may be released from custody at once upon giving bond with good security, in such sum as may be fixed by said mayor for his appearance; provided, all certiorari from said court shall be sued out, sanctioned and filed within thirty days from the judgment; and provided, no such certiorari shall issue until the costs have been paid or an affidavit been made by the defendant, showing his inability to pay the cost. Certiorari. Sec. 41. Be it further enacted by the authority aforesaid, That the mayor and city council of the city of LaFayette are hereby authorized to levy a tax annually, in addition to that authorized in section 13 of this charter, not to exceed one fourth of one per cent. on all property within the corporate limits of said town, both real and personal, which is subject to taxation under this charter, for the purpose of establishing and maintaining a system of public schools in and for said city of LaFayette; provided, the funds so raised shall be used only for the purposes set

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forth in this section; and provided further, that before this section shall take effect and become operative, the mayor of the city of LaFayette shall order an election, giving at least thirty days' notice thereof, by advertising said notice once a week for four weeks in some newspaper published in said town, to ascertain the will of the qualified voters under this Act at said election, whether public schools shall be established or not in said city. All persons voting at said election shall have written or printed on their ballots For public schools or Against public schools; and if the question shall be decided affirmatively by the necessary constitutional majority, it shall be the duty of the mayor and council to levy the tax authorized in this section, to elect a board of trustees for said public schools, composed of seven citizens of said city, whose qualifications shall be the same as that for mayor of said city, and whose term of office shall be prescribed by ordinance by the mayor and council; provided, that after the first election of said board of trustees there shall not become more than one vacancy annually in said board except by death, resignation or removal. Said board of trustees shall devise, design, and adopt a system of thorough instruction in said city, and shall have exclusive jurisdiction over all the schools established under said system, and said board of trustees is hereby empowered to modify the same from time to time as circumstances may require; they are hereby empowered to establish such schools as they may deem proper; to appoint, remove or suspend teachers in their discretion; to fix salaries for teachers; to fix such incidental or matriculation fees as they may deem proper; to prescribe a curriculum or course of study; to make such by-laws, rules and regulations for the control of said schools as they may think proper, in their discretion; to make such arrangements with any educational institutions that are now in said city or that may be established in said city that may be deemed proper to carry out the provisions of this Act or any part thereof, and to perform such other lawful acts as may be necessary, conducive to the proper and successful operation of said school system; provided, however, should said question at the election aforesaid be decided negatively, the mayor of said city is authorized to order other elections upon the same question; provided further, that twelve months shall have elapsed since said last election. The qualification for voters in said election shall be the same as those required under this Act in elections for mayor and aldermen, except that voters under this section shall not be required to register. Public schools

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Sec. 42. Be it further enacted, That upon the adoption of section 41 of this charter, as is therein provided, the board of education, as aforesaid, shall prepare and furnish to the State School Commissioner each year a list or census of all the children residing in said city entitled to the State school fund, and the State School Commissioner shall pay over to the board of education such proportion of said educational fund as said children are entitled to under the rules of distribution. Pro rata share of State school fund. Sec. 43. Be it further enacted, That any of the officers of said city of LaFayette, who may be sued for any act done in his or their official capacity, may be justified under this charter, and that the provisions of this charter may be pleaded and shall be a full defense to any action brought against the mayor and aldermen of said city, or either of them, for any act done by them, or either of them, under and in accordance with the ordinances passed in pursuance thereto. Official acts, responsibility for. 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. Repealing clause. Approved August 13, 1903. LITHONIA, REGISTRATION OF VOTERS. No. 335. An Act to provide for the registration of the qualified voters of the town of Lithonia, so as to entitle such voters to vote in all municipal elections held in said town; to prescribe the qualifications of such voters, the manner of registering, the oath required, the time of registering, the manner of purging the registration list, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby so enacted, That from and after the passage of this Act it shall be unlawful for any person to vote in any municipal election held in the town of Lithonia, except such person shall have first registered with the clerk of the mayor and town council of Lithonia in the manner hereinafter provided. Lithonia, illegal voting. Sec. 2. All citizens of the town of Lithonia, who shall have resided within the incorporate limits of said town for six months previous to the date of any municipal election held in said town, who shall be qualified to vote for members of the General Assembly

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of this State, and who shall have paid all taxes due the State and county up to and for the year previous to that in which said election is to be held, and who shall have paid all taxes, fines and dues of every nature which may be required of him by the town of Lithonia, shall be entitled to vote in any municipal election in said town; provided, he shall first register with the clerk of the town of Lithonia and subscribe the oath hereinafter prescribed. Voters. Sec. 3. Previous to having his name entered on the town registration list each voter shall take and subscribe the following oath before the said clerk, to wit: I do solemnly swear that I am twenty-one years of age, that I have resided in the town of Lithonia for six months previous to this date (or that I will have so resided before the next municipal election), that I am a citizen of the State of Georgia, and do not owe the State of Georgia nor the county of DeKalb nor the town of Lithonia any taxes which remain due and unpaid, nor am I due the town of Lithonia any fines or moneys of any nature whatever, so help me God. Registration oath. Sec. 4. It shall be the duty of the clerk of the mayor and town council of Lithonia to prepare for each year a registration book for the registration of the voters of said town, upon which shall be written or printed the oath above prescribed, and upon which he shall enter, or cause to be subscribed, the names of all voters in said town who apply to be registered, and duly qualify themselves to be so registered. It shall be the duty of said clerk to open said books once a year, on the first day of November in each year, for the registration of such voters as may apply to be registered, and to keep the said book open for the registration of voters until Saturday night previous to the annual municipal election, when he shall close the same and shall not thereafter enter any name thereon. Registration of voters. Sec. 5. After the registration books above provided for shall have been closed it shall be the duty of the clerk to make and transmit to the tax-collector of DeKalb county a true and correct copy of the same, which copy the tax-collector shall then compare with his books of State and county taxes; said tax-collector shall then erase from said list the names of all persons who shall not have paid to him all taxes due the State and county, and it shall then be the duty of the said tax-collector to transmit promptly to said clerk the list so purged. For this duty the tax-collector shall receive the sum of one dollar, to be paid out of the town treasury of Lithonia. After having purged the said list as above provided,

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the said tax-collector and the clerk of the mayor and town council of Lithonia shall each certify the list as correct so far as their books show, and the clerk and the mayor and town council of Lithonia shall then, at the municipal elections held within twelve months thereafter, furnish said list to the managers of such elections for their government in conducting said elections. List of voters. Sec. 6. That it shall be unlawful for the managers of any municipal election held within the town of Lithonia to allow any person to vote at such election unless the name of such person appears on the registration list furnished them in accordance with the provisions of this Act. Voters. Sec. 7. Be it further enacted, That all laws and parts of laws in conflict with any of the provisions of this Act shall be, and are, hereby repealed. Repealing clause. Approved August 13, 1903. LYONS, CHARTER AMENDED. No. 262. An Act to amend the charter of the town of Lyons, in Tattnall county, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That the charter of the town of Lyons, in the county of Tattnall, be, and the same is, hereby amended by striking out the following words from the second line of section 8 of the Act of 1897, incorporating said town, to wit: to any office, and substituting therefor the words as mayor and alderman. Lyons, mayor and aldermen. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Repealing clause. Approved July 30, 1903. MACON, CHARTER AMENDED. No. 438. An Act to amend the charter of the city of Macon, 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 the mayor and council of the city of Macon are hereby authorized, and they are hereby empowered to issue bonds of the city of Macon under said corporate name, in the sum of twenty thousand dollars, in the manner provided by law and in conformity to an ordinance to be passed by the mayor and council of the city of Macon, for the purposes hereinafter prescribed; and that before said bonds shall be issued the assent of two thirds of the qualified voters of the city of Macon, as provided by law, shall be obtained at an election to be called for that purpose. Said election shall be held under a special registration in accordance with section XVII of the new charter of the city of Macon, approved November 21, 1893. Macon. Bonds. Sec. 2. Be it further enacted, That the bonds herein authorized shall be exclusively issued for the purpose of building and erecting upon the lot adjoining the city hall building, in the city of Macon, or some other lot to be provided by the mayor and council of the city of Macon, a building for the purpose of furnishing additional offices for the officers of the city government, and for the purpose of a town hall, in which said town hall the mayor and council shall hold their meetings, in the event that the mayor and council should decide to convert the present council chamber into city offices; and the mayor and council shall have full power and authority, in their discretion, to use said town hall for the purpose of holding public school examinations, exhibitions, and for other purposes of public entertainment. Town hall. Sec. 3. Be it further enacted, That the mayor and council, before the issuing of said bonds, are hereby authorized to appropriate so much of one and one quarter per cent. tax allowed by law as may be necessary to provide for the payment of the interest and principal of said bonds. Sinking [Illegible Text] Sec. 4. Be it further enacted, That the Act amending the charter of the city of Macon, approved December 4, 1900, be, and the same is, amended by striking therefrom all of sections xi, xii, xii, xiii, xiv, xv, xvi, beginning at section xi, page 331, and ending on page 334 of Georgia Laws 1900, so that the following sections of said Act be, and they are, hereby repealed, to wit: Sections xi, xii, xii, xiii, xiv, xv, and xvi of Act of 1900 amending charter of city of Macon repealed. Section XI. Be it further enacted, That the mayor and council shall prescribe by ordinance the duties of the commissioner of public works. Sec. XII. Be it further enacted, That the Act of the Legislature, amending the charter of the city of Macon, approved December 11, 1896, be, and the same is, amended by inserting between the eighth and ninth sections of said Act the following words: That from

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and after the passage of this Act, when any streets of the city of Macon shall have been paved by the mayor and council of the city of Macon, and the assessments made for the cost of the same, as is now prescribed by law, within thirty days after such assessment has been made the owner of any property abutting upon such streets so improved shall be furnished, upon [Illegible Text] to the city treasurer, with the amount assessed against his or her property for the cost of grading, draining and paving said street, and said property owner shall then and there have the opportunity, within thirty days after said assessment has been made, to [Illegible Text] the entire cost of said improvement, or shall, in writing avail himself of the right to pay said assessment in deferred payments as hereinafter provided. Sec. XII. Be it further enacted, That whoever shall desire to exercise the privilege of deferred payments as hereinafter provided shall, within said thirty days after said final assessment, enter into an agreement that in consideration of such privilege he will make no objection to any illegality or irregularity with regard to the assessment against his property, and will pay the same as required by law with the specified interest. Such agreement shall be filed in the office of the city treasurer, and in all cases where such agreement has not been signed and filed within the time limited, the entire assessment shall be payable in cash, without interest, within said thirty days. After said thirty days shall have expired, such assessment shall bear interest at the rate of four per cent. per annum from the date of the final estimate. Persons signing and filing the agreement within the time limited, and entitled to deferred payments may, nevertheless, at any time after the expiration of the first year, pay up their assessment and stop interest thereon and be relieved of the lien on the same, on condition that at the time they pay up all accrued interest and also interest up to the time the next installment of interest is payable. Sec. XIII. Be it further enacted, That at the expiration of said thirty days the city treasurer shall issue an execution for the full amount of such assessment against the person and property improved, of all such persons who shall have failed to sign said agreement hereinafter provided, within thirty days, which shall be a special lien upon said property, inferior only to the lien for State and city taxes, which said execution the marshal shall immediately levy upon the property so improved, and after due and legal advertisement expose the same at public outcry to the highest bidder. The property holder shall have the right to contest the

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validity of any execution or the correctness of the amount of said assessment as provided in Act of December 11, 1896, and in said counter affidavit said property owner shall have the right to raise any constitutional question, and the question as to whether or not the improvement upon said street has enhanced the value of his property to the amount of said assessment, which said counter-affidavit or affidavit of illegality shall be returned to the superior court of Bibb county, to be there tried as in other cases of ill gality; provided, however, that the mayor and council shall have the authority, after said counter affidavit is filed, to still extend to the property holder the right of the deferred payment lien hereinafter provided, at any time before the final judgment upon said affidavit of illegality. Sec. XIV. Be it further enacted, That whenever any property-holder shall, within the time prescribed by this Act, express a desire to pay the cost of said assessment in deferred payments instead of in cash, and shall have signed said agreement, as hereinbefore prescribed, then the mayor and city treasurer shall issue in lieu of the execution now provided by law against said property an execution which shall be known as the deferred payment lien; such execution shall be issued for each separate lot or parcel of ground, but where several lots or parcels of ground on the same street are owned by one person, one execution or deferred payment lien may issue for the entire assessment of such property; such execution shall bear interest at the rate of four per cent. per annum, and shall have coupons attached representing such installments of interest or of principal and interest as the same falls due; said executions shall be payable in installments as follows: five per cent. of the principal, together with all of accrued interest from the date of the issuing of said paving assessment, on the first Monday in April next succeeding the making of such assessment, except where such assessment has been made between March 15 and October 1 of any year, in which case, such first installment shall be payable on the first Monday in November next succeeding such assessment. The next payment of said execution shall be six months' interest on the entire principal, payable at the end of six months from date upon which the first installment upon said execution fell due. The next payment upon execution shall be five per cent. of the original principal and six months' interest on the unpaid principal, payable on the days above mentioned, as the case may be, accruing one year after the first installment was payable, and so on thereafter. Five per cent. of the original principal and six

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months' interest on the unpaid principal once each year, and six months' interest on the unpaid principal in alternate times with the annual payment of principal and interest until the entire principal and interest shall have been paid. Whenever any person shall have paid said execution, said execution shall be marked cancelled, and shall have no longer any lien upon the property. Sec. XV. Be it further enacted by the authority aforesaid, That the mayor and council of the city of Macon shall have full authority to use said executions in the payment of cost of doing said paving, and in the event that the mayor and council of the city of Macon shall have paid the contractor the cost of doing said work, they shall then have the authority to sue said deferred payment liens or executions. Such execution or lien, when issued, shall transfer to the owner thereof all right, title, interest in and to the assessment and the liens upon the respective lots and parcels of ground herein provided for, with full power to enforce the collection thereon by a levy and sale of the property, whenever any property holder or property shall fail to pay any installment of principal or interest, as provided in said execution, or the coupons attached thereto, at the date that the same shall be payable. Then the entire amount of said execution shall immediately become due and payable, and the marshal of the city of Macon shall proceed to levy, advertise and sue such lot in the manner provided by law. Sec. XVI. Be it further enacted, That it shall be the duty of the city treasurer to keep upon a book prepared for that purpose a record of all moneys received by him upon such executions or liens, and it shall be his duty to pay to the person presenting any coupons the money properly payable upon the coupon; and when any person shall avail himself of the privilege of payment in full or prepayment, to pay the same upon any of said executions or coupons upon which the same is properly applicable; provided, that at no time shall the city treasurer use for the payment of principal or interest installments any money other than that collected and paid into the city treasury by property holders for the payment of the assessed cost of paving the streets in front of their property, so as to provide by the amendment aforesaid that all provisions in the Act of December 4, 1900, with reference to paving in the city of Macon be, and they are, hereby repealed. Sec. 5. Be it further enacted, That section IX of said charter in said Act, approved December 4, 1900, as follows, to wit: Section IX. Be it further enacted, That there shall be one commissioner of public works for the city of Macon, who shall be a bona

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fide freeholder of the city of Macon. He shall be immediately elected by the council, in which election the mayor shall be entitled to vote, and shall hold office for the term of two years or until his successor is elected and qualified. Said commissioner shall be eligible to succeed himself, and his salary shall be fixed by the mayor and council, be, and the same is, hereby repealed, so as to abolish the office of commissioner of public works. Commissioner of public works, office of [Illegible Text]. Sec. 6. Be it further enacted, That the Act of the General Assembly of the State of Georgia, approved December 11, 1896, amending the charter of the city of Macon be, and the same is, hereby amended by striking paragraph 3d of section VII of said Act, on the 206th page thereof, said section being as follows, to wit: 3d. That the mayor and council of the city of Macon shall also have full power and authority to assess one third of the cost of grading, paving, macadamizing, constructing side-drains, cross-drains, crossings, and otherwise improving the roadway or street proper on the real estate abutting on each side of the street improved. The real estate abutting on each side shall pay two third of the entire cost, and any street railroad company, or other railroad company, having tracks running through or across the streets of said city, shall be required to pave, macadamize or otherwise improve said street, as the mayor and council may prescribe, the width of its track and for one foot on each side of every line of track now in use or that may hereafter be constructed by said company; provided, that the law authorizing the assessment on the abutting property owners of the whole cost of paving sidewalks, including two thirds of the cost of curbing, is in no way effectual hereby, and insert in lieu thereof the following words: 3d. That the mayor and council of the city of Macon shall have full power and authority to assess one third of the cost of grading, paving, macadamizing, constructing side-drains, cross-drains, crossings and otherwise improving the roadway or street proper on the real estate abutting on each side of the street improved, and upon the property of any street railroad company or other railroad company. The real estate abutting on each side shall be assessed and shall pay two thirds of the entire cost, and any street railroad company, or other railroad company, having tracks running through, across or into any street so improved shall be assessed and shall pay all the cost of paving or improving such street for the entire space between their rails or tracks and for one foot on each side thereof, where there is a single track; but whenever any street railroad company, or other railroad company, shall have and maintain a

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switch track, or more than one track, on any street or part of street paved and improved, then such street railroad company, or other railroad company, shall be assessed and shall pay the entire cost of paving the space between these two or more tracks, and between the rails of each track and one foot on each side of the outside rail of the outside tracks; and the treasurer of the city of Macon shall issue execution for the amount assessed against any street railroad company or other railroad company at the same time and in the same manner as executions shall be issued against the real estate abutting on the street so improved, which said executions shall be enforced, levied and collected by the marshal in the same manner as is now or may hereafter be provided by law for the enforcement of the collection of executions against abutting real estate; provided, that the law authorizing the assessment of abutting property holders the whole cost of paving sidewalks, including two thirds of the cost of curbing, is in no way affected hereby. Assessments for street improvements. Sec. 7. Be it further enacted, That said Act be further amended by adding after the last word of paragraph nine, section VII, of the Act approved December 11, 1896, the following words: That the mayor and council of the city of Macon shall have authority to use executions against the real estate abutting on the street improved, and the property of street railroad companies or other railroad companies having tracks on the streets paved and improved in the payment of the cost of doing said paving and improving; and the mayor and council of the city of Macon shall have authority to transfer any or all of the executions for paving and improving the streets to any person or corporations, which said transfer shall be made in obedience to an ordinance, resolution or contract of the mayor and council of the city of Macon, and shall be in writing in said execution, signed by the mayor and treasurer of the city of Macon. Said executions, when issued and transferred as herein provided, shall convey to the owner thereof all right, title and interest in and to said executions and to the assessment and the liens upon the respective lots, parcels of ground and property of the street railroad or other railroad companies, as herein provided, with full power to enforce collection thereof by levy and sale of the property. Executions for street improvements, transfer of. Sec. 8. Be it further enacted, That section VII of said Act, as amended by this Act, be re-enacted, so that the repeal of the Act, approved December 4, 1900, amending said Act of 1896, shall not be construed to in any way repeal any part of said Act

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approved December 11, 1896; but that said Act, approved December 11, 1896, as herein amended, shall be of full force and effect, and section VII of said Act, as amended, shall read as follows, to wit: Section 7. Be it further enacted, That section 71 of the charter of the city of Macon, which relates to street crossings, sidewalks and pavements, and the Act amending the same, approved December 13, 1894, be amended by adding to the end of said section the following words: `1st. That the mayor and council of the city of Macon shall have full power and authority in their discretion, to grade, pave, macadamize and otherwise improve for travel and drainage, of the streets and public lanes and alleys of said city, to put down curbing, cross drains, crossings and otherwise improve the same. 2d. In order to fully carry into effect the authority above delegated, the mayor and council of the city of Macon shall have full power and authority to assess the cost of paving and otherwise improving the sidewalks, including two thirds of the necessary curbing for the same, on the real estate abutting on the street, and on the side of the street on which the sidewalk is so improved. 3d. That the mayor and council of the city of Macon shall have full power and authority to assess one third of the cost of grading, paving, macadamizing, constructing side-drains, cross-drains, crossings and otherwise improving the roadway or street proper on the real estate abutting on each side of the street improved, and upon the property of any street railroad company or other railroad company. The real estate abutting on each side shall be assessed and shall pay two thirds of the entire cost, and any street railroad company, or other railroad company, having tracks running through, across or into any street so improved shall be assessed, and shall pay all the cost of paving or improving such street for the entire space between their rails or tracks and for one foot on each side thereof when there is a single track; but whenever any street railroad company, or other railroad company, shall have and maintain a switch track, or more than one track on any street or part of street paved and improved. then such street railroad company, or other railroad company shall be assessed and shall pay the entire cost of paving the entire space between their two or more tracks and between the rails of each track and one foot on each side of the outside rail of the outside tracks; and the treasurer of the city of Macon shall issue executions for the amount assessed against any street railroad company or other railroad company at the same time and in the same manner as executions shall be issued against the real estate abutting on the

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street so improved, which said executions shall be enforced, levied and collected by the marshal in the same manner as is now or may hereafter be provided by law for the enforcement of the collection of executions against abutting real estate; provided, that the law authorizing of abutting property holders the whole cost of paving sidewalks, including two thirds of the cost of curbing, is in no way affected hereby. 4th. The mayor and council of the city of Macon shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the above purpose and for the amounts above set forth as may be just and proper, estimating the total cost of each improvement made and prorating the cost thereof on the real estate according to its frontage on the street or portion of the street so improved. It shall be wholly discretionary with the mayor and council of the city of Macon whether said improvements shall be done or not. 5th. The amount of the assessment on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment. 6th. The mayor and council of the city shall have authority to enforce the collection of the amount of any assessment so made for work, either upon the street or sidewalks, by execution to be issued by the city treasurer against the real estate so assessed and against the owner thereof, at the date of the ordinance making the assessment, which execution may be levied by the marshal of the said city upon such real estate, and after advertisement and other proceedings as in cases of sale for taxes, the same may be sold at public outcry to the highest bidder, and such sale shall vest absolute title in the purchaser, and the marshal of the city of Macon shall have full authority to eject the occupants of said property and place the purchaser thereof in possession; provided, that the defendants shall have the right to file an affidavit denying that the whole or any part of the amount for which said execution issued is due, and stating what amount he admits to be due, which amount so admitted to be due, with all costs, shall be paid and collected before the affidavit is received, and the affidavit shall be received for the balance, and such affidavit so received shall be returned to the superior court of Bibb county and there tried, and the issue determined as in cases of illegality, subject to all the pains and penalties provided in cases of illegality for delay. 7th. The mayor and council of the city of Macon shall have full authority to pave, or contract for paving of, the whole surface of the street, without giving any street railroad company or other property holder or occupant

Page 577

of the street the option of having the space to be paved by it paved by itself, or by a contractor at its instance, the object of this section being to prevent any delay in the progress of the work and to secure a uniform quality of workmanship. 8th. That the lien given to the city of Macon for assessments upon abutting property, and also on the property of street railroad companies for street or sidewalk paving, curbing, grading or draining, shall have rank and priority of payment next in point of dignity to the liens in favor of the city of Macon for taxes due said city, such lien or priority of payment to exist from the date of the passage of the ordinance authorizing the execution of the work in each case. 9th. The mayor and council shall have full authority to prescribe by ordinance such other rules as may, in its discretion, be necessary to grade, pave, macadamize, drain or curb any of the streets of the city; to enforce by execution the payment of the cost thereof against adjacent property owners and railroad companies; to prescribe how the owners or agents thereof shall be served with notice by personal service or by publication. That the mayor and council of the city of Macon shall have authority to use executions against the real estate abutting on the street improved, and the property of street railroad companies, or other railroad companies having tracks on the streets paved and improved, in the payment of the cost of doing said paving and improving; and the mayor and council of the city of Macon shall have authority to transfer any or all of the executions for paving and improving the streets to any person or corporation, which said transfer shall be made in obedience to an ordinance, resolution or contract of the mayor and council of the city of Macon, and shall be in writing on said execution, signed by the mayor and treasurer of the city of Macon. Said executions, when issued and transferred as herein provided, shall convey to the owner thereof all right, title and interest in and to said executions and to the assessment and the liens upon the respective lots, parcels of ground and property of the street railroad, or other railroad companies, as herein provided, with full power to enforce collection thereof by levy and sale of the property. Street improvements. Sec. 9. Be it further enacted, That the mayor and council of the city of Macon are hereby authorized and empowered to require all railroads and railroad companies to erect suitable bridges across their tracks and road-beds, where the same cross the public streets of said city, in all cases in which said mayor and council shall declare the same necessary for the protection of human life.

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It shall also be the duty of railroads or railroad companies having bridges erected, or when they may hereafter erect bridges across their tracks and road-beds, when the same cross the public streets of said city, to keep said bridges and approaches thereto and the foundations and pillars and supports thereof in safe condition. and so as to admit of comfortable travel on any such street. Said mayor and council shall have the authority to regulate the building and repair of such bridges, in so far as to declare the general character of such bridges or repairs suitable to be made, and to provide for the material or materials to be used in the building or repair of such bridges, and to provide for the drainage, light and comfort of said bridge and the street adjacent thereto or thereunder, and to provide for the least obstruction by supports and otherwise of any portion of the street practical and consistent with public safety and convenience. In case of the failure of any railroad or railroad company after reasonable notice to do so, to build or repair a bridge or approaches thereto, or otherwise, as provided above, said mayor and council shall have authority to do such building, repairing or putting in safe and comfortable condition, at the expense, with interest and cost, of such railroad or railroad company, for which execution may issue as other executions are issued by said city, and be levied on any property of such railroad or railroad company; provided further, that said mayor and council shall have power and authority, by ordinance, to declare any structure or railroad company's bridge or bridges a nuisance whenever, in their discretion, the same shall need repair, be unsafe or in any manner shall interrupt or interfere with the public safety or convenience, and shall have the power and authority to order any such structure, railroad or railroad company's bridge, or bridges, repaired, removed or reconstructed in accordance with the plans and specifications, and with such material and in such time and manner as may be prescribed by the mayor and council of the city of Macon, or through its authority; provided further, that if any railroad or railroad company shall fail to comply, after reasonable notice to build, repair, or reconstruct the bridge or approaches thereto, or otherwise, as provided above, or shall fail to build, repair or reconstruct the bridge or approaches according to the plans and specifications, as above prescribed, said railroad company, through its resident agent or superintendent, shall be summoned before the recorder of the city of Macon, and shall be fined upon conviction for each day that said bridge shall not be

Page 579

built or repaired a sum not exceeding fifty dollars a day, as prescribed in the Act creating the recorder's court. R. R. crossings. Sec. 10. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. MACON, CHARTER AMENDED. No. 323. An Act to amend the charter of the city of Macon, providing for the extension of the corporate limits of said city, and also providing for amendment or repeal of all existing laws relating to the extension of the corporate limits of the city of Macon, 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 corporate limits of the mayor and council of the city of Macon are hereby extended so as to embrace all the territory lying within the following boundary lines: Commencing at the intersection of the south side of the right of way of Atlanta division of the Central of Georgia Railway Company and the west boundary line of the city of Macon, angle left one hundred and one degrees and forty-eight minutes (101 48[prime]) measure two thousand one hundred and eleven and ninety one-hundredths (2,111 90-100) feet, to a point on a line with the west side of Miss Holt's property; thence at an angle left seventy-six degrees and twenty-five minutes (76 25[prime]) measure seventy-five (75) feet across the right of way of the Central of Georgia Railway, plus nine hundred and forty-four and ninety-five one-hundredths (944 95-100) feet, plus forty-two and seventy-five one-hundredths (42 75-100) feet, to the north side of Hardeman avenue; thence along Hardeman avenue in an easterly direction, measure sixty (60) feet, to the east line of Mrs. Dr. Gibson's property; thence angle left ninety-three degrees and thirty-two minutes (93 32[prime]) measure five hundred and twenty-seven and six tenths (527 6-10) feet to the north lines of Mrs. Gibson's property; thence at an angle left measure eighty-three and four-tenths (83 4-10) feet, plus fifty-three and thirty one-hundredths (53 30-100) feet, to the west side of Ward avenue; thence angle right ninety degrees (90) measure along Ward avenue one thousand seven hundred and eighty-four and six-tenths

Page 580

(1,784 6-10) feet, to the north side of Highland avenue; thence angle right seventy-five degrees and five minutes (75 5[prime]) measure one hundred and ninety and three-tenths (190 3-10) feet, to the west side of Grant street; thence at an angle sixty-five degrees and thirty-four minutes (65 34[prime]) measure seven hundred and eighty-one and four-tenths (781 4-10) feet, to the west line of Lynwood Cemetery; thence at an angle right sixty-one degrees and ten minutes (61 10[prime]) measure along the cemetery fence one thousand six hundred and three and five-tenths (1,603 5-10) feet, to the north side of the Ocmulgee Park Street Railway track; thence at an angle right fifty-five degrees and seven tenths minutes (55.07[prime]) measure along the railway track one thousand and fifty and eight tenths (1,050.8) feet to the west boundary line; thence along the west boundary line to the starting point. And that territory lying within the following lines: Commencing at a point of intersection of the south side of the right of [Illegible Text] of the Atlanta division of Central of Georgia Railway Company and Holt avenue, measure in a southerly direction along Holt avenue a distance of three thousand one hundred and thirty-two and ten one-hundredths (3,132 10-100) feet to the south side of the Columbus road; thence at an internal angle right ninety-one degrees and thirty-six minutes (91 36[prime]) measure along the Columbus road five hundred and forty-six and eighty-five one-hundredths (546 85-100) feet to the center of Wiley street; thence at an internal angle left measure along Wiley street nine hundred and twenty-nine and five tenths (929 5-10) feet to south side of Rose street; thence at internal angle right measure along Rose street four hundred and seventy-seven and nine tenths (477 9-10) feet to the southwest boundary stone of the city of Macon. And the jurisdiction and all the charter rights and powers of the said mayor and council of the city of Macon, for all purposes, are hereby extended to and over said territory, save and except as limited by this Act; and the territory included in the above described boundaries is declared and made a part of the city of Macon, and all ordinances, resolutions, rules and regulations of the mayor and council of the city of Macon and of the board of health of the mayor and council of the city of Macon now of force, or that may be enacted in the future, shall be of full force and effect in said territory herein described, except as hereinafter provided. The territory herein described shall be and constitute parts of the third and fourth wards of the city of Macon as follows: All that part of the territory herein described lying on the northeastern side of the center of the track of the Central of Georgia Railway shall

Page 581

be a part of the third ward, and the remaining part of said territory shall be a part of the fourth ward; provided, however, that the mayor and council of the city of Macon shall never have any power or authority to permit or license the sale of any spirituous, vinous or malt liquors within said territory, and this proviso shall operate as a contract between the mayor and council of the city of Macon and the people of the territory by this Act incorporated into said city of Macon, and shall not be subject to repeal. Macon, corporate limits. Sec. 2. Be it further enacted by authority of the same, That the mayor and council of the city of Macon shall have full power and authority, and are hereby vested with power and authority to select, lay out and name such of the roads and alleys in the territory hereinbefore set forth, to be adopted and known as streets and public alleys of the city of Macon. The mayor and council of the city of Macon shall not be liable on any amount for any failure to keep in repair any of the roads or alleys in said territory, unless the same shall have been first selected, named and laid out as streets or alleys. Streets, etc. Sec. 3. Be it further enacted by authority of the same, That the public roads and alleys within the territory hereinbefore described shall continue to be worked by the public authorities of the county of Bibb as the same are now worked, and under the laws now of force, except that from and after the passage of this Act in the working of said roads and alleys by the public authorities of the county of Bibb, such work shall be done under the direction and control of the mayor and council of the city of Macon; provided, that nothing in this Act shall ever be construed to affect or alter in any way the present contract between the mayor and council of the city of Macon and the county of Bibb and the laws relating thereto, as provided in the Act of the General Assembly of the State of Georgia, approved November 21, 1901. County work on streets. Sec. 4. Be it further enacted by authority of the same, That the mayor and council of the city of Macon be, and they are, hereby authorized to issue bonds in such amount as may be permitted under the Constitution and laws of the State of Georgia, and at such time or times as the mayor and council of the city of Macon may prescribe, for the purpose of establishing and maintaining a system of surface and sanitary sewers, as the mayor and council of the city of Macon may prescribe, and for other purposes, with full authority and power in the said mayor and council of the city of Macon to make all contracts necessary in the erection and maintenance of such system of sewers, and with full power and authority

Page 582

in the mayor and council of the city of Macon to make, declare and enforce all such ordinances, resolutions, rules and regulations concerning the use of said sewers; to provide by ordinance for compelling residents, citizens and property-holders to make connections with such system of sewers at their own expense, and to provide for the enforcement of such ordinance by fine and imprisonment, as well as by the issue and levy of executions for that purpose. Sewers. Sec. 5. Be it further enacted by authority of the same, That this Act shall not operate as a repeal of the Act amending the charter of the city of Macon, providing for incorporation into and as a part of said city territory contiguous to the corporate limits of said city, approved December 13, 1900, except as to the territory in this Act described. Contiguous land. Sec. 6. Be it further enacted by authority of the same. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 12, 1903. MADISON, WATER-WORKS AND SEWERAGE. No. 337. An Act to authorize and empower the mayor and city council of the city of Madison, in the county of Morgan, to purchase, build, contract for, establish and maintain a system of water-works and a system of sewerage and drainage for said city of Madison; to issue and sell bonds for the purpose of purchasing, building, contracting for, establishing and maintaining a system of water-works and a system of sewers and drains; to levy and collect a tax on all property in said city; to redeem said bonds and pay the interest that may accrue thereon; to provide for submitting the question of issuing said bonds to the qualified voters of said city; to authorize the condemnation of property, both in and out of the city, and to provide for and to do all things necessary and incident to the building and operation of said system of water-works and said system of sewers and drains. Section 1. Be it enacted by the General Assembly of Georgia. That the mayor and city council of the city of Madison be, and they are, hereby authorized and empowered to purchase. build, contract for, establish and maintain a system of water-works and

Page 583

a system of sewerage and drainage for said city of Madison; to issue and sell bonds for the purpose of building, contracting for, establishing and equipping said system of water-works and said system of sewers and drains, not to exceed in the aggregate the sum of forty thousand ($40,000) dollars, of such denomination as the said mayor and city council of Madison may determine, to be due and payable any time within forty years after issue, as they, the said mayor and city council, may determine. The said bonds, when so issued, shall bear interest at not exceeding the rate of four and one half per centum per annum, payable semi-annually, January 1 and July 1 each year, in Madison, Georgia, or at any bank in New York City, as the holders may designate. Madison, water-works and sewers. Bonds for. Sec. 2. Be it further enacted, That it shall be the duty of said mayor and city council of the city of Madison, and they are hereby empowered to assess and collect a tax upon the taxable property within the corporate limits of said city sufficient to pay off said bonds, principal and interest within forty years, as they may become due as provided in section 1 of this Act. Said bonds, or so much of them as may be necessary for the purpose for which they may be issued, shall be signed by the mayor and the clerk of the council of said city of Madison, and shall be sold in such manner as said mayor and city council may determine to be for the best interest of said city; provided, said bonds shall not be sold for less than their par value. Tax to pay bonds. Sec. 3. Be it further enacted, That said mayor and city council be, and are, hereby authorized to condemn property for the purpose of constructing said system of water-works and said system of sewers and drains, both in and out of said city of Madison, under the same rules as prescribed for the condemnation of property for public roads in this State, and to do all things necessary to the building and operation of said system of water-works and said system of sewers and drains. Condemnation of property. Sec. 4. Be it further enacted, That after said bonds shall have been issued and sold as hereinbefore provided, it shall be the duty of said mayor and city council to apply the proceeds from the sale of said bonds to the building, construction and equipping a system of water-works and a system of sewerage and drainage as said mayor and city council, in their discretion, may deem best for the public interest and health of said city. Proceeds of bonds. Sec. 5. Be it further enacted, That after the passage of this Act the mayor and city council of said city shall submit the question of issuing said bonds to an election, to be voted upon by the

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qualified voters of said city, on a day to be fixed by said mayor and city council. Notice of said election shall be given by advertising the same thirty days before the election in the paper in which the legal advertising of Morgan county is done; said election to be held in the same manner and under the same rules prescribed by law for holding elections for members of the General Assembly of the State of Georgia. Should the assent of two third of the qualified voters of said city cast their ballots in favor of said bonds at said election, the provisions of this Act shall obtain and be of full force, and said bonds shall be issued in pursuance thereto. Election for bonds. Sec. 6. Be it further enacted, That those who favor the issue and sale of said bonds as set out in this Act, shall have written or printed on their ballots For bonds, and those who are opposed to the issue and sale of said bonds as set forth in this Act shall have written or printed on their ballots Against bonds. Ballots. Sec. 7. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Repealing clause. Approved August 13, 1903. MANSFIELD, TOWN OF INCORPORATED. No. 228. An Act to incorporate the town of Mansfield, in the county of Newton, and to provide for the government 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 same, That from the passage of this Act the town of Mansfield, in the county of Newton, shall be incorporated under the name and style of Mansfield, by which name it shall sue and be sued, plead and be impleaded. Mansfield incorporated. Sec. 2. Be it further enacted, That the incorporate limits of said town shall extend one half mile in every direction from the center of the road where same crosses the Central railroad. Corporate limits. Sec. 3. Be it further enacted, That said town shall be officered by a mayor and three members of the city council, to be elected by the qualified voters in the said town. Mayor and councilmen. Sec. 4. Be it further enacted, That an election shall be held on the fourth Monday in December, and for each succeeding year, for mayor and three councilmen, who shall serve one year, and until

Page 585

their successors are elected and qualified, said election to be conducted in same manner as elections for members of the General Assembly; and all persons living in the corporate limits who shall be qualified to vote for members of the General Assembly shall be qualified to vote for mayor and councilmen; and the person or persons receiving the highest number of votes for either of the above named offices shall be declared duly elected by the manager; and said managers shall so certify and return said certificate, together with the election papers, to the mayor and council. Said mayor and council shall take an oath to faithfully discharge the duties of their office, which said oath may be administered by any officer qualified to administer oaths. Annual elections. Sec. 5. Be it further enacted, Said mayor and council shall elect a clerk and marshal, and fix the compensation of same. Clerk and marshal. Sec. 6. Be it further enacted by the authority of the same, That said mayor and council shall have authority to cause the roads, streets and lanes of said town worked in said town by residents therein subject to road duty, and to levy such a road tax as they may deem for the best interest of the town. Said mayor and council shall have power to make any and all by-laws, rules and regulations or ordinances necessary for the government of said town which are not inconsistent with the laws and Constitution of this State; to punish by fine and imprisonment, or both, in the discretion of the mayor and council, by a fine not to exceed fifty dollars, or imprison beyond 30 days. They shall also have power to fix the salary of the mayor and council, and to fix the costs in all cases for a violation of the town ordinances or by-laws. Corporate powers. Sec. 7. Be it further enacted, That such costs shall be taxed against the person or persons convicted of violating any of the town laws. Fines. Sec. 8. Be it further enacted, That said mayor and council shall not have any authority to grant license to sell any kind of spirit uous or intoxicating liquors. Liquor, sale of. Sec. 9. Be it further enacted by authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved July 22, 1903.

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MEIGS, CHARTER AMENDED. No. 417. An Act to amend an Act incorporating the town of Meigs, in the county of Thomas, approved October 29, 1889. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by authority of the same, That the above recited Act be amended by striking from the fifth line of the fourth section thereof (as published in the Georgia Laws of 1889) the following words: not to exceed three tenths of one per cent, and inserting in lieu thereof the following: not to exceed one half of one per cent.; to levy and collect such license tax upon any and all business occupations of different kinds and character, carried on for any length of time in said city, as they may see proper, consisten with the Constitution and laws of this State, and to enforce the collection of the same as in case of other taxes collected by said town, or by penalty to be provided by ordinance enacted by said mayor and council, so that said section, when amended, shall read as follows: That said mayor and council shall have power annually to fix the salaries of the officers of said town; to levy and collect a tax on all property within said town subject to taxation by the county authorities, not to exceed one half of one per cent.; to levy and collect such license tax upon any and all business occupations of different kinds and character carried on for any length of time in said city, as they may see proper, consistent with the Constitution and laws of this State, and to enforce the collection of the same as in case of other taxes collected by said town, or by penalty to be provided by ordinance enacted by the mayor and council; to cause to be worked all streets, roads and alleys in said town by all persons therein resident subject to road duty under the laws of this State, and to fix a commutation tax to be paid by all such person in lieu of woking on such streets. Said mayor and council shall have power to make and establish all such by-laws, rules and ordinances as they may deem necessary for the government of said town, which are not inconsistent with the laws and Constitution of this State; to punish by fine or imprisonment, or both, in the discretion of the mayor or council; provided, the fine shall not exceed fifty dollars, nor the imprisonment thirty days, in the discretion of the mayor and council. Meigs. Corporate powers.

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Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. MEIGS, CHARTER AMENDED. No. 349. An Act to repeal an Act entitled an Act to amend an Act approved October 20, 1889, entitled an Act to incorporate the town of Meigs, in Thomas county, and to provide for the election of mayor and council, marshal and clerk, and to define their powers and duties, by amending section 6 of said Act, so as to authorize the sale of intoxicating liquors by the mayor and council of the said town of Meigs, or by such person or persons to whom they may grant license to sell intoxicating liquors, to fix said license and the manner in which said business shall be conducted, and for other purposes, the Act to be repealed being an Act approved December 4, 1895. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That an Act of the General Assembly, approved December 4, 1895, entitled an Act to amend an Act, approved October 20, 1889, entitled an Act to incorporate the town of Meigs, in Thomas county, and to provide for the election of mayor and council, marshal and clerk, and to define their powers and duties, by amending section 6 of said Act, so as to authorize the sale of intoxicating liquors by the mayor and council of the said town of Meigs, or by such person or persons to whom they may grant licenses to sell intoxicating liquors, to fix said license and the manner in which said business shall be conducted, and for other purposes, be, and the same is, hereby repealed. Meigs Liquor, sale of. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Repealing clause. Approved August 15, 1903.

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MENLO, TOWN OF INCORPORATED. No. 324. An Act to incorporate the town of Menlo, in the county of Chattooga; to define its limits, provide for a mayor, recorder and council, school trustees, and other officers of said town, and prescribe their powers and duties; to create a free school system for said town; to provide a public fund by taxation, license and otherwise; to provide for the making of all lawful rules and regulations and by-laws for the proper government and control of said town, and the enforcement of its ordinances, and for other pruposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the town of Menlo, in the county of Chattooga, be incorporated, shall be a body politic and corporate by the name of the town of Menlo. The corporate limits of said town shall embrace the area within the following described lines: Commencing at a point on the State line between Georgia and Alabama, on the southwest corner of lot of land No. 60, in the 14th district and fourth section of said Chattooga county, Georgia; thence due east to the southeast corner of lot of land number 59; thence north to the southwest corner of lot of land number 33; thence east to the southeast corner of lot of land number 35; thence north to the southwest corner of lot of land number 25; thence east to the southeast corner of lot of land number 24, all of said lots of land in said district and section; thence north to the northeast corner of lot of land number 150, in the 13th district and 4th section of said State and county; thence due west to the northwest corner of lot of land number 291 to the said State line; thence along said State line to the commencing point. Until the next regular annual election of officers held under this charter, and until their successors are elected and qualified, the municipal authorities of said town shall be the following named citizens, to wit: R. T. Hassell, mayor; C. J. Hammond, recorder; C. A. Cameron, T. C. Rambo, G. T. Horton, T. P. Baker, S. S. Lawrence, councilmen, and are hereby authorized to carry out the purposes of this Act, and are fully vested with rights, powers and privileges conferred by this Act as if elected under the provisions herein contained. Menlo, Corporate limits. Mayor and councilmen pro tem. Sec. 2. Be it further enacted, That the following sections of the

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Code of Georgia, 1895, volume 1, are hereby adopted and shall become a part of this Act of incorporation, to wit: Sections 689, 690, 691, 692, 693, 694, 695, 696, 697, 698, 701, 703, 704, 705, 706 and 707; but where any of said section or the provisions thereof conflict with any section or provision of this Act, the former shall be void and the latter shall be of force. Corporate powers. Sec. 3. Be it further enacted, That the public fund of said town shall be made up of street tax, special license, tax on dogs, ad valorem tax on all taxable property within the limits of said town, and the special ad valorem tax on all taxable property within said town for school purposes, and fines and forfeitures, and said tax and license shall be fixed for each year at the first regular meeting of the new council, or as soon thereafter as practicable, and entered upon the minute book. Taxation. Sec. 4. Be it further enacted, That no vinous, malt, spirituous or intoxicating liquors or intoxicating drinks of any kind shall ever be sold, bartered or given away within the corporate limits of said town; provided, nothing herein contained shall prevent a person from giving such liquors to a person sick. Liquor sale of. Sec. 5. Be it further enacted, That whenever anything for which State license is required to be done in said town, the council may require a license, and may impose a tax thereon for the use of said town, and may also require a bond with sureties conditioned as prescribed by council in such penalty as it may see proper, and revoke the same at any time the conditions of the bonds are broken; and said council shall have power to license and regulate hotels, boarding-houses, livery stables, public and private transportation through and in said town, selling at public outcry to the highest bidder or at a fixed price; the peddling of any article or any other business or thing which, by law, might be licensed or regulated, except as in this Act prohibited, and regulate either the sale or the delivery in said town in any manner, of dry goods, groceries, wares, merchandise, jewelry, musical instruments, sewing machines, patent medicines, patented articles, patent rights or other goods or articles, and place thereon, either for sale or delivery, or both, when the same is not contrary to law, a tax or license not to exceed $500.00 per annum; and said corporate authorities shall have power to prohibit the delivery within said corporate limits by the seller or agent of the seller of such dry goods or groceries and other articles and things aforementioned sold outside of said corporate limits without the seller first paying such tax or license as is imposed by said corporate authorities for the delivery of such goods, articles and things sold within the corporate limits of said town. Said corporate

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authorities shall have power to tax all shows in a sum not exceeding the State tax, which may exhibit within the corporate limits of said town, and may prohibit the same when they deem it best for the interest of said town. Licenses and specific taxes. Sec. 6. Be it further enacted, That the council shall, in addition to the rights and powers granted herein to make by-laws, rules, regulations and regulations for the government and control of said town, make and provide such ordinances as are necessary to prohibit on the streets, bridges, sidewalks and on private property any loitering, idling or mischief-making, and to remove therefrom any idle or suspicious person, and to make any and all needful rules and regulations for the protection of the citizens and property of said town, and to carry into effect the provisions of this Act. Police powers. Sec. 7. Be it further enacted, That in addition to the powers and duties herein conferred on the mayor of said town, he is hereby authorized to hold his court at any time for the purpose of trying violators of the ordinances of said town, at some place designated by council; he may, when the interest of the town demands it, order the arrest, without summons or warrant being first issued, of any person charged with the violation of any of the ordinances of said town. In such case, unless the person be intoxicated, he shall instanter have served a written summons on said person, unless the same is waived, setting out the charge preferred, and instanter try the same, unless continued for cause; and if the person be intoxicated, he shall be placed in the town prison, and not tried until such time, in the discretion of the mayor, as the person may become sober. The form in case of a charge violating a town ordinance shall be as follows: The town of Menlo vs. To any lawful officer of said town to execute and return. The defendant, , is hereby required to be and appear at the mayor's office, in the town of Menlo, on the day , Mayor. Filling out the blanks in said form or a substantial compliance therewith in form shall be sufficient. The mayor shall have power to punish for contempt and to issue all process necessary to carry into effect the provisions of this Act; to compel the attendance of witnesses; to summons posses and give such orders as are necessary to control and use the same in enforcing the ordinances of said town, the good order, peace and dignity thereof, and protect the property in said town, and punish under such by-laws as council may prescribe for the failure of any posse so summoned to comply with such lawful orders as are given. Mayor's court.

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Sec. 8. Be it further enacted, That an appeal may be had from any decision made by the mayor in the trial of violators of the ordinances, which may be entered to the council of said town within four days of the decision complained of, and by the payment of all costs, and a certiorari may be had from the decision rendered by council in such appeals to the superior court of the county under the general law applicable to certiorari. Appeals. Sec. 9. Be it further enacted, That the fines for the violation of any of the ordinances of said town shall be by imprisonment or work on the streets of said town, not to exceed thirty days, or fine not to exceed one hundred dollars for each offense. Penalties. Sec. 10. Be it further enacted, That any election held under the provisions of this Act may be contested under the general law of force for municipal contests. Election contests. Sec. 11. Be it further enacted, That in addition to the officers herein provided for, there shall be in said town a board of seven school trustees, and until their successors are elected and qualified, they shall be C. J. Hammond, L. S. Thacker, O. D. Wyatt, R. L. Knox, G. J. Miller, R. T. Hassell and C. S. Perry. The term of office shall be two years, but the first four shall hold their office until the first Saturday in December, 1904, the last three until the last Saturday in December, 1905. On the first Saturday in December of each year, commencing the first Saturday in December, 1904, an election shall be held to elect school trustees. Any person eligible to vote in the general State election, living within said area, may hold the office of school trustee, except only such registration as is required by the ordinances of said town shall be required. The council of said town shall appoint three freeholders to hold said election for trustees, and should they fail to appoint, any three freeholders may act; and the said election managers shall declare the result, and upon such of the persons declared elected taking the oath that they will faithfully perform the duties devolved upon them as school trustees, they shall be qualified as such trustees. A majority shall constitute a quorum. They shall have power to provide all necessary rules for the government and maintenance of free schools in said town, and appoint a secretary and treasurer, which office may be filled by one person; they shall provide rules and regulations for the return or assessment of all property within said town subject to State tax, and levy thereon an ad valorem tax not to exceed one half of one per cent. On default of payment of said tax, the secretary may issue an execution as tax executions for State and county are issued, which may be levied and collected in like manner. Said trustees

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shall have complete jurisdiction and control of the school and school property of said town; they are vested with the right and power, and it shall be their duty to contract with teachers, employ and discharge the same, make all contracts pertaining to the operation of the schools, and repair and build necessary school buildings; they may sue and be sued in their official capacity, and the judgment in said capacity shall have the lien and may be collected as judgments against municipalities. The special ad valorem tax for school purposes shall be due October the first of each year, and shall be paid by December first of each year, or declared in default and an execution issued therefore. The same shall be paid to the treasurer of the school fund, who shall be required to give bond approved by the school trustees. If not paid by the first of December of each year, the said treasurer shall so report to the secretary, and the secretary shall issue execution therefor as herein provided. School trustees. School tax. Sec. 12. Be it further enacted, That said trustees shall provide for two separate schools in said town, one for whites and one for colored children. Said trustees may provide for the maintenance of said school for a longer term than the free school term by requiring tuition rates to be paid by the patrons of said school, but in no event shall any child entitled thereto be deprived of the benefit of the free school fund as contemplated by law. The State School Commissioner shall pay to the said school treasurer, when due, the gross pro rata per capita fund to which said schools are entitled, estimated by the number of school children within said described limits. The said trustees shall, immediately after this Act goes into effect, or as soon as practicable therefrom, provide for the enumeration of the school children within said area, and enumerate the same each year thereafter and report the same to the State School Commissioner. The enumerator thereof shall file with his report his affidavit that the same is a correct and true report. Schools. Pro rata share of State school fund. Sec. 13. Be it further enacted, That said trustees shall provide for a registration of the voters within said area for the purpose of an election for or against free schools, and all voters within the same entitled to vote for representatives, and who has resided therein for three months next preceding the election, shall be entitled to vote. Said registration shall not be required as a prerequisite. The books of registration shall be opened twenty days and close five days before said election. Any person interested may contest the right of any person so registered to vote or the refusal to allow any one entitled to register by filing with the secretary his contest within two days after the registration book is

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closed. On the day prior to the election the board of trustees shall hold a meeting and pass upon said contest, and their decision shall be final. Any person who shall register, who is not entitled to do so under this Act, shall be guilty of a misdemeanor and punished under section 1039 of the Penal Code of Georgia. Registration of voters. Sec. 14. Be it further enacted, That on the first Saturday in December, 1903, at the same time and place for holding election for school trustees, and under the same management and rules, an election shall be held to determine whether free schools shall be established under this Act. A separate box shall be provided for the ballots cast for this purpose. Each person voting in said election for or against free schools shall have printed or written on such ballot either For free schools or Against free schools. The managers shall declare the result, and if two thirds of the registered voters of said town cast their ballots in said election For free school, the same shall prevail in terms of this Act; but in case the requisite two thirds are not so cast, this Act shall not be affected in any way thereby, except that no ad valorem tax can be levied and collected for free school purposes. At each succeeding election for trustees, the question of for or against free schools shall be submitted under the same rules and regulations as herein provided, until the necessary two thirds vote is secured, and when so secured the same shall not be thereafter submitted. Election for public schools. Sec. 15. Be it further enacted, That the title of all school property may be secured by said trustees in their official capacity, and to that end may buy or sell the same and secure gifts and donations, and may fix fines and penalties not inconsistent with the State law for a violation of such rules and regulations as they may establish. School property. Sec. 16. Be it further enacted, That the jurisdiction of the mayor and council of said town, its marshal and police, its right to make by-laws, rules and ordinances and enforce the same, levy and collect tax and licenses, and all other rights, privileges and powers shall extend only over the following described area: Within the first described area herein, over a circle one half mile each way from the center, the center of said circle being the southwest corner of what is known in the town of [Illegible Text] and the survey thereof as town lot No. 31, in block 70, on which said lot stands the new storehouse of J. W. Jennings, except that the Menlo school property, the same being two acres, more or less, adjoining and intersected by said circle shall be included as a part of said limits, and in all elections for said mayor, recorder and council,

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and all other elections pertaining to the municipal government and maintenance of said circle and school property, only those living within said circle and qualified under the rules and regulations of council and this Act shall be entitled to vote. And only those living within said circle shall be eligible to the office of mayor, recorder and councilman, and qualified to vote for representatives. Corporate limits. Sec. 17. Be it further enacted, That should any child or children of school age within said county attend said school, upon a sworn statement of the teacher of said school giving the name and age of any such child or children, filed with the county school commissioner of said county, said commissioner shall pay to the treasurer of said school the pro rata fund due said child or children. Non resident pupils. Sec. 18. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 11, 1903. METCALFE, CHARTER AMENDED. No. 294. An Act to amend the charter of the town of Metcalfe, in Thomas county; to provide for the election of mayor and marshal of Metcalfe by popular vote; to authorize the collection of a business and avocation tax in said town; to provide for registration and other qualifications of voters in said town, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 3 of the charter of the town of Metcalfe appearing in the Acts of 1889, approved October 29, 1889, be amended by inserting in the third line of said section and after the word of and before the word five, the words marshal, mayor and; that the said section be further amended by inserting after the word State and before the word shall, in the eighth line of the said section, the following words: and shall have resided in said town for a period of sixty days immediately prior to said election, and who shall have been duly registered as a voter in said town; that said section be further amended by inserting after the word for and before the word councilmen, in the eighth line of said section,

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the words marshal, mayor and; that said section be further amended by striking out all of the proviso in said section and inserting in lieu thereof the following: provided that the clerk herein provided for shall be elected by the mayor and council immediately upon their qualification, or as soon thereafter as practicable, whose term shall be for one year or until his successor is elected and qualified, so that said section three, when so amended, shall read as follows: Section 3. Be it further enacted by the authority aforesaid, That on every first Monday in each year there shall be an election held for marshal, mayor and five councilmen, whose terms shall be for one year, which election shall be conducted in the same manner as an election for members of the General Assembly of this State; and each person residing within the corporate limits of said town who shall be qualified to vote for members of the General Assembly in this State, and shall have resided in said town for a period of sixty days immediately prior to said election, and who shall have been duly registered as a voter in said town, shall be a qualified voter in such election for marshal, mayor and councilmen; and the person or persons who shall receive the highest number of votes for either of the above mentioned offices shall be duly elected; provided, that the clerk herein provided for shall be elected by the mayor and council immediately upon their qualification, or as soon thereafter as practicable, whose term shall be for one year, or until his successor is elected and qualified. Metcalf. Mayor, councilmen and marshal, election of Sec. 2. Be it further enacted by the authority aforesaid, That the mayor and council of said town shall have power and authority to provide for the registration of voters prior to any municipal election in said town; to make all needful rules and regulations for the same, and require that no person be permitted to vote unless registered as aforesaid; provided, that the clerk herein provided for shall ex officio be the registrar of said town. Registration of voters. Sec. 3. Be it further enacted by authority aforesaid, That the mayor and council of the town of Metcalfe 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 and fire insurance companies, and itinerant insurance agents of every sort; express companies, all sewing machine agents; dealers in commercial fertilizers, lightning-rod agents, keepers of boarding-houses, restaurants, lunch tables; keepers of livery and sale stables; merchants and mercantile firms, including druggists; book peddlers and book canvassers for the sale of books, maps or

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pictures; photographers, proprietors of shows, concerts or other exhibitions for gain; all keepers of sawmills, grist-mills and cottongins; itinerant vendors of patents, including patent and proprietary medicines, and dealers in mules and horses who are not licensed as keepers of livery and sale stables. Said mayor and council shall provide by proper ordinances for the collection of the taxes herein authorized, and they may require parties, before entering upon any of the trades or pursuits mentioned in, this section, to take out a license, and may by proper ordinance prescribe a penalty for engaging in any pursuits or trades without having first procured a license therefor. That it shall be the duty of the mayor and council of said town annually to prescribe by ordinance the amount of license fees to be paid by persons proposing to engage in or to carry on any of the pursuits mentioned in this section, to provide for the enforcement of the collection of the same. Specific taxes. Licenses 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. Repealing clause. Approved August 6, 1903. METTER, TOWN OF INCORPORATED. No. 432. An Act to incorporate the town of Metter, in Bulloch county, Georgia; to define the corporate limits of said town; to provide for the election of a mayor and five councilmen, and other officers of said town, and to prescribe their powers and duties; to declare and define the police powers of said town, and to provide for all matters of municipal concern and cognizance; to provide penalties for the violation of ordinances passed by said mayor and councilmen; to provide for the erection of school buildings, and maintenance of a school system for said town, and for the construction and maintenance of a sewerage and water-works system, and electric lights and gas plant; to provide for the grant of such franchises as may be necessary; to provide for fire, police and sanitary protection; to provide for the raising of revenues by taxation, special taxes, license taxes and occupation taxes to defray the expenses of the town government and pay the town debts; to provide that all property now owned by said town shall become the property of said town under this charter, and that all valid, legal contracts heretofore entered into by the corporate authorities of said town shall be good and valid against the town under this charter, and provide for the laying off of streets, alleys and sidewalks and driveways, and other public grounds and the maintaining of the same, and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the inhabitants of the territory embraced within the limits of five ninths of one mile in every direction from the center of the depot building of the Central of Georgia Railway Company, at Metter, in Bulloch county, Georgia, at its present location, be incorporated under the name and style of the town of Metter. And said town of Metter is hereby incorporated, and by that name and style shall have perpetual succession, may have and use a common seal, may sue and be sued, may plead and be impleaded in any court of law or equity in 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 town of Metter, and may sell or otherwise dispose of the same for the use and benefit of said town, as to the town council may seem proper to the mayor of said town by direction of the town council, making deed to any property sold or disposed of by said town. Metter, town of. Corporate powers. Sec. 2. Be it further enacted, That the government of said town of Metter shall be vested in a mayor and five councilmen, who shall compose the town council of Metter. Mayor and councilmen. Sec. 3. Be it further enacted, That Robt. L. Dekle is hereby appointed mayor, to serve until February 1, 1904, and D. L. Kennedy, J. T. Trapwell, J. R. Dixon, O. R. Waters and W. J. Brown are hereby appointed councilmen, to hold their offices until the first annual election as hereinafter provided. Mayor and councilmen pro tem. Sec. 4. Be it further enacted, That on the first day of February, 1904, and each year thereafter on said day, an election shall be held at some designated place in said town for a mayor and councilmen, who shall hold office for one year from the date of their election, and until their successors are elected and qualified; but no one shall be eligible to the office of mayor or councilmen, or eligible to vote for mayor or councilmen who is not qualified to

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vote for members of the General Assembly of this State, and who has not resided in said town for three months 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 qualify and enter upon the discharge of the duties of the office to which he may have been elected. The returns of said election shall be made to the town council of Metter, who shall make, or cause to be made, a record of the results of said election as declared by the managers thereof. In the event the office of mayor or councilmen shall become vacant by death, removal from the town, resignation or otherwise, the mayor, or in case his office is vacant a majority of the councilmen, shall order a new election to fill said vacancy, notice of which shall be given at least ten days before the date of the election by posting written notices at not less than three public places in said town, which election shall be conducted as provided above. Annual elections. Sec. 5. Be it further enacted, That before entering upon the discharge of the duties of their office the mayor and councilmen shall subscribe the following oath: I do solemnly swear that I will discharge all the duties devolving upon me as mayor (or as councilman, as the case may be) of the town of Metter, Georgia, according to law and to the best of my ability and understanding, conserve the best interest of said town, so help me God, which oath may be administered by any person authorized by law to administer oaths. Oath. Sec. 6. Be it further enacted, That said town council shall have power to elect such marshals, clerks, treasurer and other subordinate officers as they may deem best for the proper carrying on the powers herein granted and prescribe the duties and compensation of said officers, and to require of them such bond as they may deem proper. Officers. Sec. 7. Be it further enacted, That the said town council shall have power and authority to make and pass all ordinances, rules and regulations 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 they are not repugnant to the Constitution and laws of this State and of the United States. General powers. Sec. 8. Be it further enacted, That the town council of said town shall have power to enact all ordinances necessary to suppress vice or immorality, or to foster virtue, intelligence and good morals in said town, and to enforce the observance of their ordinances

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by fines, imprisonment or work on the public works not to exceed fifty dollars fine, imprisonment in the town guard-house for thirty days, or work on the public works, such streets, driveways, etc., for thirty days, any one or all, in the discretion of the court trying the offender. Police powers. Sec. 9. Be it further enacted, That the town council shall have exclusive jurisdiction over the streets, alleys, sidewalks, driveways and other public property of said town. Streets, etc. Sec. 10. Be it further enacted, That the town council shall have the power to lay out such streets, alleys, drive-ways and parks as they may deem to be for the best interest of said town, and to this end may institute condemnation proceedings in the name of the town, or may buy the same; condemnation proceedings to be governed as prescribed in title 2, chapter 9, articles 1, 2, 3 and 4 of the Code of Georgia of 1895. Condemnation for streets. Sec. 11. Be it further enacted, That whenever it is deemed expedient or desirable by the town council, they shall have the power to order an election to be held in said town for the purpose of determining whether there shall be issued by said town bonds not to exceed five thousand ($5,000.00) dollars, for the purpose of erecting a school building in said town, 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 for Bulloch county 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 town, which said notice shall specify the amount of bonds to be issued by said town, 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 councilmen, and shall be held in the same manner as elections for mayor and councilmen of said town are held, and the same qualifications of voters at said election as are required at election for mayor and councilmen for said town; and the voting shall be by ballot, and the ballots cast at said election shall contain the words For bonds or Against bonds; and if For bonds shall receive two thirds of the qualified voters of said town, as designated by section 380 of the Code of Georgia, 1895, the town council shall issue them at once. And said town council shall have the power, in the event bonds, as are provided for, shall be issued, to build a school building,

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to let contracts and purchase material and employ architects, laborers, skilled and unskilled, and do any and everything necessary to secure and build said school buildings. Bonds for school buildings. Sec. 12. Be it further enacted, That the town council of said town shall have the 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; and the town council of said town shall have the authority to grant rights of way over and through the streets and lanes and alleys of said town to railroad companies and street railroad companies, and to grant franchises by proper ordinances to electric light companies, water-works companies and sewerage companies, or to other like utilities, or to grant same to any person or corporation, under such restrictions and for such time as they may see proper. Water-works and sewers. Franchises. Sec. 13. Be it further enacted, That said mayor and council shall raise revenue necessary to defray the expenses and pay the bonded indebtedness of said town government, by taxation, ad valorem license and occupation taxes. They shall have the power to regulate the sale of merchandise and other commodities by license taxes, and to impose any special tax or occupation tax on dealers, agents, showmen, exhibitions and upon any and all occupations which may be carried on or engaged in within said town, limited only by the Constitution and laws of Georgia and of the United States. They may compel all persons sojourning in said town for the space of thirty days who are subject to perform road duty under the laws of Georgia to work upon the streets of said town, not to exceed fifteen days, and may provide for the payment of a commutation tax in lieu of street work, if they think best, not to exceed seven dollars per annum. Taxation. Sec. 14. Be it further enacted, That the mayor of said town shall be the executive officer of said town, and shall hold a mayor's court when necessary to try and punish offenders, and shall have the power of justices of the peace, in criminal matters, to issue warrants and bind offenders over to the courts having jurisdiction to try them. Mayor's court. Sec. 15. Be it further enacted, That all laws in conflict with this Act be, and they are, hereby repealed. Repealing clause. Approved August 17, 1903.

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MONTEZUMA, CHARTER AMENDED. No. 265. An Act to amend section 2 of an Act approved October 24, 1887, to amend the charter of the town of Montezuma, Macon county, Georgia. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That section 2 of the above recited Act, approved December 24, 1887, be, and the same is, hereby amended by striking from the fifth line of said section the words and four aldermen, and by adding after the word qualified in the seventh line of said section the following: At the election held under the provisions of this Act on the first Tuesday in January, 1904, there shall also be elected four aldermen, two of whom shall serve for a term of two years and two for a term of one year, and until their successors are elected and qualified; and the persons so elected on said first Tuesday in January, 1904, shall determine by lot, among themselves, which shall serve for two years and which shall serve for one year. After said election on the first Tuesday in January, 1904, there shall be elected at each election held under the provisions of this Act two aldermen, who shall serve for a term of two years, and until their successors are elected and qualified, so that said section, when so amended, shall read as follows: Section 2. Be it further enacted, That an election shall be held at the council chamber, or such other place as the council may select in the town of Montezuma, on the first Tuesday in January, 1888, and on the first Tuesday in each January thereafter, for a mayor and a clerk and a treasurer to serve for one year, and until their successors are elected and qualified. At the election held under the provisions of this Act on the first Tuesday in January, 1904, there shall also be elected four aldermen, two of whom shall serve for a term of two years and two for a term of one year, and until their successors are elected and qualified; and the persons so elected on said first Tuesday in January, 1904, shall determine by lot, among themselves, which shall serve for two years and which shall serve for one year. After said election on the first Tuesday in January, 1904, there shall be elected at each election held under the provisions of this Act two aldermen, who shall serve for a term of two years, and until their successors are elected and qualified. Montezuma. Municipal officers, election of

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Sec. 2. Be it further enacted, That section 8 of the above recited Act, approved December 24, 1887, be, and it is, hereby amended by adding after the word otherwise in the sixth line thereof the following: And in the event of the sickness or absence of both the mayor and mayor pro tem. it shall be the duty of the mayor or a majority of the council to appoint some members of the council to act as mayor, and such person so appointed shall be clothed with all the powers and duties of the mayor during such emergency, upon his taking the oath prescribed by law for the mayor of said town, so that said section, when so amended, shall read as follows: Section 8. Be it further enacted, That the said mayor and council, or a majority of the council, shall have the power to elect a mayor pro tem., who shall be clothed thereby with all the rights, privileges and duties of the mayor elect when and during the sickness or absence of the mayor, upon taking the usual oath, and not otherwise; and in the event of the sickness or absence of the mayor and the mayor pro tem. it shall be the duty of the mayor or a majority of the council to appoint some member of the council to act as mayor, and such person so appointed shall be clothed with all the powers and duties of the mayor during such emergency, upon his taking the oath prescribed by law for the mayor of said town. A judgment of acquittal or conviction by said mayor may be and shall be pleaded in bar in any court for the same offense; provided, said mayor has jurisdiction. Mayor pro tem. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved July 30, 1903. MORVEN, CHARTER AMENDED. No. 246. An Act to amend the charter of the town of Morven by striking out of the third line of section 15 the words one half of one per cent. and subsituting in lieu thereof the words one and one half per cent.; also by striking out of the sixth line of section 18 the words not exceed $25.00 and substituting in lieu thereof the words not exceed $50.00, 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 section 15 of the charter of the town of Morven be, and the same is, hereby amended by striking out of the third line of the said section the words exceed one half of one per cent. and by substituting in lieu the words exceed one and one half per cent., so that said section, when amended, shall read as follows: Be it further enacted by the authority aforesaid, That said mayor and council shall have power to levy a tax not to exceed one and one half per cent. on all property, real or personal, subject to the State tax within the corporate limits of said town, for the purpose of paying the expense of said town and for the system of public schools hereinafter provided for. They shall also have the power and authority to require all persons subject to road duty under the laws of this State to work on the streets and sidewalks of said town, but they may receive in lieu thereof such commutation fee as said mayor and council may prescribe. Morven. Taxation. Sec. 2. Be it further enacted by the authority aforesaid, That section 18 of the said charter of the town of Morven be, and the same is, hereby amended by striking out of the sixth line of said section the words exceed $25.00 and by substituting in lieu thereof the words exceed $50.00, so that said section, when amended, shall read as follows: Be it further enacted by the authority aforesaid, That said mayor and council shall have the power to provide for the arrest, trial and punishment of offenders against any ordinance, by-laws or regulations of said town by fine, imprisonment or work on streets of said town, one or more of said punishments; provided, said fine shall not exceed $50.00 and such imprisonment or time of labor shall not exceed thirty days. Municipal court. Sec. 3. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and are, hereby repealed. Repealing clause. Approved July 30, 1903.

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MYSTIC, TOWN OF INCORPORATED. No. 407. An Act to incorporate the town of Mystic, in the county of Irwin, and to define its limits; to provide for a mayor and council and other officers of said town, and to prescribe their power and duties; to provide for the regulation of the sale of spirituous, malt and intoxicating liquors by said town; to provide for the maintenance and control of a system of public schools; to provide for all matters of municipal concern and cognizance, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That the town of Mystic, in the county of Irwin, be, and the same is, hereby incorporated under the name and style of the town of Mystic, and by that name may have perpetual succession, may have and use a common seal, may sue and be sued, may plead and be impleaded in any court of law or equity in the State, may purchase, have, hold, receive, enjoy and retain to themselves and their successors in office for the use of the town of Mystic any estate or estates, real or personal, of whatever kind or nature, within or without the incorporate limits thereof, and may sell or otherwise dispose of the same for the benefit of said town as they may see fit and proper, the mayor, by the direction of the town council, making deed to and property sold or disposed of by said town. Mystic, town of. Corporate powers. Sec. 2. Be it further enacted, That the corporate limits of said town shall be as follows: Beginning at the junction of T. N. E. and the O. I. railroad, running one thousand yards north, east one half mile, and south to the district line, and west one quarter mile. Corporate limits. Sec. 3. Be it further enacted, That the municipal government of said town shall consist of a mayor and five councilmen, a secretary and treasurer, both of which last named offices may be filled by the same persons or by different persons; and whether the said offices be filled by the same person or by different persons, there shall be a bond given of such sum as may be prescribed by the council for each of said officers, payable to the town of Mystic; all of whom, except the secretary and treasurer, shall be elected annually on the days fixed by ordinance. The secretary and treasurer shall be appointed by the mayor and council from the

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council, all of which officers shall hold their office for one year and until their successors are elected and qualified, each of whom shall take an appropriate oath provided by ordinance before entering upon the duties of their respective offices, which oath may be administered by any person authorized to administer oaths under the laws of this State. The council may appoint or elect such other subordinate officers as may become necessary at any time for the enforcement of the provisions of this charter or any ordinance passed by said council in pursuance of the rights and powers herein conferred; all of which subordinate officers as may be thus appointed or elected shall be deemed and held to be lawful officers of this State and the town of Mystic. All such subordinate officers, or such as elected or appointed by the council, shall hold their offices at the will of the council, and receive such salary as may be fixed by the council, each of whom shall take an appropriate oath before entering upon the discharge of their respective duties and shall give such bond as the council may require. Mayor and councilmen, secretary and treasurer. Other officers. Sec. 4. Be it further enacted by the authority aforesaid. That F. S. Dismuke be, and is; hereby appointed mayor; J. B. Hunter, J. A. Mathis, E. M. Taylor, William McQueen and T. A. Bussell be, and they are, hereby appointed councilmen of said town of Mystic, to hold their offices until the first annual election as hereinafter provided and their sucessors are qualified. Mayor and councilmen pro tem. Sec. 5. Be it further enacted, That an election shall be held in said town on the second Tuesday in January, and annually thereafter, for mayor and five councilmen to serve for one year, and until their successors are elected and qualified; said election to be held in said town under the supervision of a justice of the peace and two freeholders residents of said town, or under the supervision of three freeholders, all of whom shall be residents. The polls shall be opened by 9 o'clock a.m. and closed at 3 o'clock p.m., standard time. No one shall be entitled to vote in said election or any municipal election in said town unless he is a duly registered voter of said town; said elections to be conducted in all respects as elections for members of the General Assembly in said State, except that only two lists of voters and two tally-sheets need be kept; also as hereinafter provided. Annual elections. Sec. 6. 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 thirty days before each regular or special election for the registration of the qualified voters of said town, which book or books shall be kept open from 9 o'clock a.m. until 5 o'clock p.m.

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each and every day except Sundays and legal holidays, until five days before the election, when said book or books shall be fairly and absolutely closed. When applying for registration each and every person shall take and subscribe the following oath, which said clerk is authorized to administer, to wit: You do solemnly swear that you have attained the age of twenty-one years; that you are a citizen of the United States; that you have resided in this State for the past twelve months and in the county of Irwin for the past six months; that you have paid all State and county taxes required of you since the adoption of the Constitution of 1877; that you have never been convicted of a felony or larceny; that you have resided in the corporate limits of the town of Mystic 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 me God. Any person who shall take the said oath and falsely in so doing shall be guilty of false swearing, and shall, on conviction therefor, be punished as prescribed by the statutes in such cases made. Said registrar shall funish the superintendents of election with at least one copy of said lists alphabetically arranged before time for opening of the polls. No candidate for any town office shall be eligible as the superintendent or manager of said election. Registration of voters. Sec. 7. Be it further enacted by the authority aforesaid, That no one shall be eligible to the office of mayor or councilmen who is not registered as a voter of said town. That the superintendents of such election shall declare those persons receiving the highest number of votes for mayor and councilmen duly elected and furnish a certificate to that effect; shall return one tally-sheet and list of voters with the ballots under seal to the town clerk and the other tally-sheet and list of voters to the ordinary of Irwin county. The persons so elected must present themselves at the council chamber within ten days and take an oath before the outgoing mayor or any officer authorized to administer an oath, faithfully to discharge the duties of mayor or councilmen, as the case may be. Any one desiring to contest any election shall file a notice of contest with the ordinary of Irwin county within three days after said election, setting forth all the grounds for contest, and upon payment of a fee of ten dollars in advance, the ordinary of Irwin county shall cause a copy of said notice to be served by the sheriff or his deputy upon the contestee and give notice at the same time to both parties of the time and place of hearing, not later than ten days from the date of service. The ordinary of said county is authorized to hear

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and determine the contest (with the right of certiorari to the superior court), the cost to be paid by the losing party. Elections. Sec. 8. Be it further enacted by the authority aforesaid, That in case of vacancy in the office of mayor the councilmen shall elect one of their own number for the unexpired term, and in case of a vacancy in the board of councilmen, the remaining members shall elect a citizen of said town to fill such vacancy for the unexpired term. Vacancies. Sec. 9. Be it further enacted by the authority aforesaid, That should the mayor or any member of the board of councilmen be guilty of malpractice in office or any abuse of the powers confided to him, he shall be subject to indictment in the superior court of said county, and on conviction, shall be imprisoned not exceeding sixty days, or pay a fine not exceeding one hundred dollars, which fine, after paying all court costs shall be paid over to the treasurer of said town; either or both of said punishments may be imposed, in the discretion of the court. The mayor and councilmen, for cause, shall suspend, fine or remove from office, or suspended from pay and duty, any officer of said town elected or appointed by them. Malpractice. Sec. 10. Be it further enacted by the authority aforesaid, That said mayor or councilman, acting mayor, shall be ex officio a justice of the peace, and shall have full power and authority to issue warrants for the arrest of any person charged with the commission of an offense against the laws of the State within the limits of said town; hear their testimony, under oath, as to guilt or innocence of the party accused; to commit to jail or the guard-house of said town, or to require bond, with good and sufficient security (if the offense is a bailable one), for the appearance of the accused before any court authorized by law to try and determine the case. Mayor ex officio a justice of the peace. Sec. 11. Be it further enacted by the authority aforesaid. That said mayor and councilmen shall have full power and authority to levy and collect a tax upon all and every species of property in said town; upon banking and insurance capital employed in said town; upon brokers and factors; upon each and every business calling, trade and profession carried on in said town: to tax all theatrical performances, shows and exhibitions for gain: upon banks, insurance, telegraph, telephone and express agencies in said town, or of any profit in said town; to tax all itinerant traders or peddlers; all venders of patent medicines, drugs, books, nostrums or devices of any kind; all solicitors or canvassers selling goods, wares, or merchandise by sample at retail or to consumers. All said taxes (except the tax on real or personal property, which shall

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be ad valorem and not exceeding one half of one per cent. for ordimany current expenses) shall be in the nature of a license, which must be paid in advance of doing business or carrying on the trade or occupation or canvassing or offering for sale any of the articles above set forth; and the said mayor and councilmen shall provide by ordinances for the punishment of all parties required to take out license who do or attempt to do any business before taking out such license and complying fully with all requirements of said mayor and councilmen made with reference thereto. Taxation. Sec. 12. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have full power and authority to establish a market or markets and regulate the same; to license and regulate all hotels and boarding-houses and restaurants; to prevent the erection and maintenance in said town of butcher pens, slaughter houses, tan yards, blacksmith shops, sawmills, woodworking mills, grist mills, ginneries, forges and chimneys, except by the permission of said mayor and councilmen, and to cause the removal of any and all such establishments whenever they become dangerous to the health and welfare of the citizens, endanger the lives or property, or both, of others, or become nuisances; to cause all lots or premises to be thoroughly drained, and to this end may open ditches or drains at the expense of the owners thereof when they, after reasonable notice, fail to do so, said expense to be collected as town taxes are collected; to license and regulate drays, hacks, carts, wagons or other vehicles making a business of hauling for hire or gain, either directly or indirectly, any article or material of any kind within the limits of said town; to regulate, control and license all livery, feed and sale stables, pumps, wells, fire engines, hose or engine companies; to regulate the running of trains within the corporate limits of said town; to require a license from all auctioneers; also to collect a commission on all goods sold at auction or on commission in said town, and fix the amount of license and to withhold license as to them may seem best. Licenses. Sec. 13. Be it further enacted by the authority aforesaid, That the mayor and town council shall have full and absolute power and control over the sale of whiskies, beer, cider, intoxicating bitters or other intoxicants, of all kinds and descriptions, whether fermented or distilled, sold in said town, or kept for the purpose of sale, distribution or for any purpose whatever, and make such needful rules and regulations as are necessary to carry into effect the provisions of this Act; provided, that no license shall be granted to any person to sell liquors in said town for a space of less than twelve months, or for a less sum than ten thousand dollars

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to be charged for said license and paid in advance by the person applying for said license. Said person so applying for said license to sell liquor in said town shall present, at the time of the application for same, a petition signed by a majority of the freeholders residing in said town, showing his fitness to hold said license and asking the granting of same by council; and the mayor and town council shall have full power and authority to impose penalties on persons selling such liquors without license, or for violating any of the town ordinances regulating the sale of same; provided, that this section of this Act shall obtain and be of force so long as it is legal to grant license to sell liquor in Irwin county, and no longer. Liquor, sale of. Sec. 14. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have full power and authority to open, lay out, curb, pave and drain streets, alleys or lanes, or to widen, straighten, enlarge or otherwise improve streets, alleys or lanes in said town; to purchase, improve and beautify public squares or parks in said town, and to appropriate money for school purposes in such manner as they deem best; and said mayor and councilmen shall have full power and authority to condemn private property for streets, lanes or alleys, and for laying sewer and water pipes therein. They shall also have full power and authority to prevent any party from encroaching upon the streets, alleys or sidewalks, or placing any obstruction in or on or over any street, alley or sidewalk, and to remove or cause to be removed any such encroachment, whether buildings, porches, steps or whatever it may be, already erected, and to prevent and abate any nuisance on the premises of any person in said town or upon any street, alley or sidewalk. Streets, etc. Sec. 15. Be it further enacted by the authority aforesaid, That the mayor and council shall have power and authority to prescribe fire limits in said town and to prescribe the plan of building and the kind of material to be used in the building of houses within said fire limits. Fire limits. Sec. 16. Be it further enacted by the power and authority aforesaid, That the said mayor and town council shall have full power and authority to prevent mules, horses, cattle, hogs, sheep, goats, dogs and fowls from running at large in said town or any portion thereof, and to prevent and prohibit the keeping of hogs in the city limits or regulate the manner in which they must be kept, if allowed to remain; shall have full power to take up and impound any such animal or fowl, and to remove hogs from town, and to punish all such owners of said animals who

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refuse to obey any ordinance passed by said mayor or councilmen to carry this authority into effect. Stock pounds. Sec. 17. Be it further enacted by the authority aforesaid, That said mayor and councilmen are hereby authorized and empowered to pass all such ordinances, rules and regulations as may seem to them necessary and proper to prevent the maintenance of any house of ill fame, assignation or prostitution within said town, and to punish violation of any of such ordinances, rules or regulations by fines or imprisonment or work on the public works or streets, removal or exclusion from said town. Any one or more or all of said punishments may be included in one sentence. Lewd houses. Sec. 18. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have full power and authority to establish and regulate a city police, and to elect a chief of police and such other officers and members of the police force as may seem to them necessary. The marshal of said town, and any member of said police force, shall have power to arrest any persons acting in a disorderly manner, or disturbing the peace and good order of said town, or committing or attempting to commit any crime in said town, or suspicious characters, and take the party so arrested before the mayor and other officer authorized to issue warrants or accept bail for examination or trial as soon as possible. Marshal and police Sec. 19. Be it further enacted by the authority aforesaid, That for the purpose of raising revenues for the support and maintenance of said town government, said mayor and council shall have full power and authority, and shall provide, by ordinance, for assessment, levy and collection of an ad valorem tax on all real and personal property within the corporate limits of said town (not exceeding one half of one per cent. thereon), except for extraordinary purposes. Ad valorem tax. Sec. 20. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power to elect, at the same time the other city officers are elected, three persons, freeholders, residents of said town, as assessors, who shall hold their office for one year unless removed by the mayor and council for causes to be judged of by them. It shall be the duty of the assessors to assess the value of the real estate within the corporate limits of said town. Said assessors shall make returns to said mayor and council, and the said mayor and council shall place such assessment so returned in the hands of the clerk, who shall enter the same on his digest with other taxes, and the same shall be collected

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as other taxes of the town; provided, that if any taxpayer is dissatisfied with said assessment of assessors he or she may appeal to the mayor and council for a correction of said assessment fifteen days after the assessor's returns have been completed and handed in as provided for in this chapter, and the judgment of the mayor and council shall be final as to the assessment. Tax-assessors. Sec. 21. The said assessors, before they enter upon the discharge of their duties, shall take and subscribe an oath before the mayor faithfully and truly to assess all the real estate within the corporate limits of said town, and to return such assessments to the mayor and council thereof, with the names of the owners thereof, and shall receive for their services such sums each as the mayor and council shall order. When said tax-assessments and corrections, if any, are completed and entered on digest by the clerk, he shall turn over the books for that year to the treasurer of the town, who shall be ex officio tax-collector, and who shall proceed to collect the taxes as assessed. The treasurer shall report to the mayor and council all taxes not collected when the books for any year have been closed, and the mayor and the council shall order the said ex officio tax-collector to issue executions against all persons who fail to pay by the time fixed for issuing executions, which executions shall be a lien second only to the lien for State and county taxes on all property owned by the defaulting tax payers. The executions shall be turned over to the marshal of said town, who shall proceed to collect them in the same way as executions for the State and county are collected, and shall levy, advertise and sell property subject to such executions under the law governing sheriffs in levying, advertising and selling property under execution for State and county taxes. The deed of the marshal of said town to any property sold under any such execution shall pass the title to said property to the purchaser as completely and absolutely as the deed of such defaulting taxpayer would have done; provided, however, that any person whose property has been sold for taxes be allowed to redeem the same by paying to the purchaser at any time within twelve months from the date of the sale the full amount of his bid with ten per cent. premium thereon; provided further, that this section shall not go into effect until said mayor and council shall so declare by ordinance regularly and legally passed. Taxes, how collected. Sec. 22. Be it further enacted by the authority aforesaid, That the mayor of said town shall hold a police court as often as may be necessary for the trial of the offenders against the by-laws, ordinances, rules and regulations of said town, and

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may, when presiding over said court, punish any person convicted of violating any by-laws, ordinances, rules or regulations of said town by sentencing said offender to pay a fine not exceeding fifty dollars, or to imprisonment in the guard-house of said town or the common jail of said county for any time not exceeding thirty days, or to work on the streets or public works of said town for any time not exceeding thirty days, or may impose any one or more of these punishments for the same offense. Said court may enforce its judgment by imprisonment in the guard-house or common jail of the county, or work on the streets or public works. When presiding in said court the mayor shall have power to punish for contempt of court any person disturbind said court, refusing to obey its mandates or in any way guilty of contempt thereof by fine not to exceed twenty-five dollars for each act of contempt, or commit to the guard-house of said town or to the jail of said county for any time not longer than ten days. In the absence, sickness or disqualification of the mayor the mayor pro tem., or in the absence of both any member of the council, shall have and may exercise all the powers conferred by this charter upon the mayor. The marshal and clerk shall be the officers of said court, and shall have for their attendance and services in said court such fees as may be fixed by the mayor and councilmen, which fees shall be collected as part of the penalty in all cases of conviction. Any person charged with a violation of the ordinances, rules or regulations of said town shall, unless the offense is of such a nature as to require the arrest and confinement of the party, be served by the marshal or any policeman of said town with the copy of a summons, signed by the marshal or policeman, as the case may be, and bearing test in the name of mayor or mayor pro tem., setting out in a plain summary way the nature of the offense charged and the time when and the place where the party is required to appear and stand a trial. Any party under bond, or who has been previously summoned, who shall fail to appear at the time and place named for trial, shall be liable to arrest and imprisonment, and the court may declare the bond forfeited, giving written notice to the securities thereon. Unless they produce their principal within one week judgment will be entered up against them for the amount of said bond, and execution issued against said principal and securities for the amount of said judgment and costs. Nothing herein contained shall be construed to prevent the arrest, without warrant or summons, of any person whne it is necessary to preserve the peace, good order or security of said town or to prevent the commission of a crime. Police court.

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Sec. 23. Be it further enacted by the authority aforesaid, That the mayor and council of the town of Mystic, Irwin county, are hereby authorized and empowered to levy and collect annually a tax upon all taxable property within the corporate limits of said town, not to exceed one per cent. of the value of said property, for the purpose of establishing and maintaining a system of public schools in said town. School tax. Sec. 24. Be it further enacted by the authority aforesaid, That the said mayor and council shall have full power and authority, as may be determined by a two thirds vote of the qualified voters of said town, to devise, design and adopt a thorough system of public instruction in said town; shall have exclusive jurisdiction over all the schools established under said system, and modify the same from time to time as circumstances may require; to establish such schools as they may deem proper, not exceeding one for the white and one for the colored race; no white child shall attend a colored school, and no colored child shall attend a white school; to appoint, remove or suspend teachers, in their discretion; to fix salaries for teachers; to prescribe a curriculum or course of study; to make such by-laws, rules and regulations for the control of said schools as they may deem proper, and to do all lawful acts conducive to the proper and successful operation of said school system. Public schools. Sec. 25. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority to compel all male residents in said town between the ages of sixteen and fifty to work the streets of said town at such time as in their opinion it is needful, for such time not exceeding fifteen days in each year, or to pay such a sum of money not to exceed five dollars in any one year as commutation for such work and in lieu thereof, as said mayor and council may ordain; and the said mayor and council may make all ordinances necessary to carry this power in effect, and to punish by fine, not exceeding twenty-five dollars or work on the streets thirty days, any and all persons subject to road duty who refuse to work or pay the commutation. Thirty days' continuous residence in the corporate limits of said town shall be sufficient to constitute one a resident of said town so as to subject him to liability to do street work. Streets, etc. Sec. 26. Be it further enacted by the authority aforesaid, That said mayor and councilmen may appoint a board of health, consisting of not less than three members, one of whom shall be elected president by the members of said board, and

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shall be a reputable physician in regular practice in said town. Said board of health shall be charged with the duty of looking after the sanitation of the town, and shall prescribe rules and regulations for keeping the town in as good sanitary condition as possible. The rules and regulations adopted by said board shall be submitted to said mayor and councilmen, and when approved by them shall be binding on all citizens, and shall be enforced in the same manner as the ordinances, and any violation thereof shall subject the offender to arraignment before the mayor, and punishment on conviction by fine, imprisonment or work on the streets, as in case of other violations of the town ordinances. The mayor and council shall decide when it is necessary to establish quarantine against any place or district in order to guard against the introduction of any contagious or infectious disease, and against what points or what territory quarantine shall be enforced, and the quarantine regulations, when enacted by mayor and councilmen, shall be binding, and may be enforced against all parties coming into or passing through said town; and any person or persons seeking to enter said town who cannot show a proper health certificate and other proofs required by said regulations may be compelled to comply with all quarantine regulations and be punished for any violation thereof by fine not exceeding fifty dollars, imprisonment, under guard, at the quarantine station for any time not exceeding thirty days, or both. An inspector appointed for that purpose by the mayor and council shall visit the premises of any citizen of said town for the purpose of ascertaining whether said premises are in good sanitary condition or not, and when the owner or occupant of any house or lot refuses or neglects to keep the same in good condition, the mayor and council may have the same done at the expense of said owner or occupant, or both, said expenses to be collected as taxes are collected. Board of health. Sec. 27. Be it further enacted by the authority aforesaid, That said mayor and councilmen shall have full power and authority to make, ordain and enforce all such by-laws, rules and regulations as may appear to them necessary and proper for the security and interest of said town of Mystic. General welfare. Sec. 28. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 18, 1903.

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NICHOLS, TOWN OF, NEW CHARTER FOR TOWN OF. No. 371. An Act to create a new charter for the town of Nichols, in the county of Coffee, and to consolidate and declare the rights and any powers of said corporation; to authorize and empower the mayor and aldermen of said town to purchase or build, establish, maintain and operate a system of public schools, waterworks, electric lights and sewerage for the town of Nichols; to hold an election on a day specified as now provided by law to determine the question of creating a debt against said town by the issuance of bonds; to provide for the assessment and collection of an annual tax on the property in said town for the purpose of paying the principal and interest on said bonds; to confer additional power upon the mayor and aldermen of said town of Nichols, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the town of Nichols (heretofore incorporated under the laws of Georgia) shall, from and after the passage of this Act, have and be known by the corporate name of The town of Nichols; that by such corporate name it may sue and be sued; have and use a corporate seal; make and enact through the mayor and board of aldermen ordinances, resolutions, rules and regulations for the transaction of its business and the proper government of the town, which shall be consistent with the laws of Georgia and of the United States; said corporation, through its mayor and board of aldermen, shall have special powers in its corporate capacity to make all contracts which they may deem necessary for the welfare of the town or its citizens; to assess values of property, levy and collect taxes thereon; remove nuisances. They shall have full control and power over the streets, lanes and alleys of the town, and to remove obstructions therefrom, as is generally exercised by and granted to municipal corporations, and shall, in general, have all the powers incident to corporations under the laws of this State. and in addition thereto, all the powers which are necessary and proper to make, regulate, maintain and preserve a proper and legal government for said town. Nichols, town of, new charter for. Corporate powers. Sec. 2. Be it further enacted, That the corporate limits of the town of Nichols shall embrace all the territory two miles square,

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having the center at the middle of the bottom step of the front steps of what is known as the Southern Pine Company's commissary, located on the north side of the Atlantic and Birmingham Railroad Company's right of way, in the town of Nichols, Coffee county, said corporate limits to extend one mile from said center out north, east, south and west, and embrace altogether four square miles of territory. Corporate limits. Sec. 3. Be it further enacted, That the municipal government of said town of Nichols shall be vested in a mayor and a board of aldermen consisting of five members, and the term of office of each, the said mayor and the said five aldermen, shall be one year, and until his (or their) successors shall have been chosen and qualified. Any male person shall be eligible to the office of mayor or alderman who is a bona fide resident of said town at the time of his election, and who shall have paid all taxes except for year of election and is a qualified voter in said town. Mayor and aldermen. Sec. 4. Be it further enacted, That said mayor and aldermen shall be elected on the third Saturday in December of each year. All elections for mayor and aldermen and elections on any questions submitted to the voters of said town shall be held at the court-house, and at such other places as are now or may be hereafter established by law or the ordinances or resolutions of said town. The mayor and aldermen shall have full power and authority to establish as many polling places as they may deem necessary. All elections shall be held by three persons, who may be qualified to hold and superintend elections for members of the General Assembly of this State, and said elections shall be held and conducted in the same manner and under the same rules and regulations as are elections for members of the General Assembly. As cases of elections for mayor and aldermen the superintendents shall deliver certificates to the persons whom they shall find to have been elected to the offices of mayor and aldermen, respectively. The qualifications for voters at any such elections shall be the same as required of persons voting for members of the General Assembly of this State, and in addition thereto residence within the corporate limits of said town for six months next preceding the election, and the payment of all taxes legally required of them, except for the year in which they offer to vote, by said corporation. Annual elections. Sec. 5. Be it further enacted, That on the first Monday in January in each year, or so soon thereafter as practicable, the newly elected mayor and aldermen shall take the oath of office. The mayor shall, before the retiring mayor or before some officer of the State or county who is authorized to administer an oath, take

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and subscribe to the following oath, or he may affirm thereto: I (name) do solemnly swear (or affirm) that I am duly qualified, under the laws of this State, to serve as mayor of the town of Nichols; and that to the best of my ability I will promote and protect the interest of said town, and faithfully discharge all of the duties incumbent upon me as mayor of the town of Nichols, so help me God. And such aldermen, before entering upon the discharge of his duties, shall take and subscribe the following oath: I (name) do solemnly swear (or affirm) that as alderman of the town of Nichols, I will impartially and to the best of my ability promote the interest and prosperity of said town and all of the inhabitants thereof without fear, favor or affection, so help me God, which oath shall be taken before the mayor, or in case of his absence or inability before any officer authorized to administer oaths. Official oaths. Sec. 6. Be it further enacted, That additional officers of the government of said town shall be a clerk of council, town treasurer, marshal (who shall be chief of police) and such other officers, agents and employees as may be provided in this Act, or as said mayor and aldermen may deem necessary, and the said mayor and aldermen shall prescribe the duties and fix the salaries of all such officers, agents and employees. All of said officers named shall be elected by the mayor and aldermen of said town, each of said aldermen having one vote, and a majority of the whole board shall be required to elect, the mayor having a vote only in case of a tie. The terms of all and each of said officers shall be one year (but the mayor and aldermen shall have the power to remove at any time any officer for inefficiency or neglect of duty), and they shall take such an oath and give such bond for the faithful performance of their respective duties as may be prescribed by the said mayor and aldermen. All such officers shall be elected by said mayor at the first regular meeting in January of each year, or so soon thereafter as possible. The salary or compensation of no officer of the town government shall be increased or diminished after the election of such officer and during the term for which he shall have been elected, and all such officers shall hold their offices respectively until their successors are duly elected and qualified, unless sooner revoked by the mayor and board of aldermen; and in case of a vacancy in any of said offices the same shall be filled by the mayor and board of aldermen at any regular or called meeting. Officers. Sec. 7. Be it further enacted, That the mayor shall be the chief executive of the town, and besides the powers and duties imposed by the mayor and aldermen he shall exercise general supervision over the affairs of the town. He shall preside over all meetings of

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the mayor and board of aldermen, and in case the office of mayor of said town shall become vacant from any cause, the board of aldermen of said town, at either a regular or called meeting, shall order an election for mayor to fill such vacancy, which said election shall be advertised in a public gazette of the town of Nichols, or by posting notices at three or more public places in said town for not less than five days prior to said election; and the person elected shall hold his office until the next regular election for mayor and until his successor is elected and qualified; and in case any vacancy should happen by death, resignation, removal or otherwise of any alderman of said town said vacancy may be filled by said mayor and board of aldermen. Mayor's powers and duties. Sec. 8. Be it further enacted, That the mayor and board of aldermen, or a majority of them, shall have the right at any regular meeting to elect one of their body as mayor pro tem., who shall, in case of any vacancy in the office of mayor, and during the absence from the town or disability of the mayor, exercise all the powers and discharge all the duties as mayor until such vacancy has been regularly filled or until the return of the mayor or the removal of his disability; and at such regular or called meeting, when neither the mayor nor the mayor pro tem. are present, or when both of said officers are absent from the town at the same time, the board of aldermen shall designate one of their number to preside over their meetings and discharge the duties of mayor until the return to the town of one of said officers. Mayor pro tem. Sec. 9. Be it further enacted, That said mayor and board of aldermen shall have the right and power, in order to raise necessary revenue to properly carry on the government of said town, to build sewers, procure water supply, to make, open, grade, repair and keep in order the streets and bridges of said town, to light the same, to properly police and protect the same, to pay salaries, cost and expenses of the town officers and employees, to establish and maintain a proper fire department, to erect and maintain suitable buildings and offices, and to furnish and maintain all things needful and appertaining to the protection of life, liberty and property, the suppression of crime, the maintenance of law and order, the payment of debts of the town, for educational purposes, for cemetery purposes, for the hospitals and charitable institutions, for the care of the poor, for establishing necessary squares and parks, for quarantine purposes, for caring for prisoners and providing means and places for their detention and punishment, and for all other such purposes as will tend, in their discretion, to add to the comfort, safety, convenience, benefit, health

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and advantage of said town and of the citizens thereof, and for the material improvement of said town as may in their discretion be necessary, and for all other purposes in order to properly carry on a town government, as herein indicated, and not forbidden by law, to levy and collect a street tax or capitation tax on all male residents of the town subject under the law to pay such tax, also a tax not to exceed one and one half per cent. on all the property within the corporate limits of said town, which is subject to State tax under the Constitution and laws of this State; and also to impose and collect such tax as they, the said mayor and board of aldermen, may deem necessary and proper upon all trades, business callings, professions, sales, labor and pursuits which are the legal subject of taxation, and may enforce payment of the same by license or direct tax in such manner as they may determine to be best and most advantageous. They may also impose, assess, levy and collect taxes on capital invested in said town, on stocks of corporations, choses in action and on such incomes and commissions derived from the pursuits of any profession, faculty, trade or calling, banks, express, insurance and other incorporations, associations, and agencies, and all other property and sources of profit as are not expressly prohibited or exempt by the laws of this State or of the United States; but all taxation on property shall be uniform on the same class of subjects, and ad valorem on all subjects to be fixed in said town. Each and every itinerant trader, irregular or occasional dealer, his or their agents or consigness (save and except licensed auctioneers and commission merchants), who shall neglect or refuse to render in the amount of goods, wares and merchandise sold by him or them, which is subject to be taxed by the ordinances of the town, immediately after the sale of the same, and to pay the tax thereon, shall forfeit and pay a sum, at the discretion of the said mayor and aldermen, not exceeding one hundred dollars, for which execution may issue directed to and authorizing and commanding the marshal of said town to levy upon the property and effects of said itinerant trader, irregular or occasional dealer, his or their agents or consignees, so in default, which shall be levied, and by sale of said property by said marshal in the manner in which sales for town taxes are made the tax due, with all costs, shall be satisfied. All persons subject to taxation who shall neglect or refuse to render in his, her or their property, or pay the tax on the same when required by the ordinances of said mayor and aldermen, may be proceeded against by execution in the same manner and according to such

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rules and ordinances as may be adopted by said mayor and aldermen to enforce the collection of taxes aforesaid. Municipal powers. Taxation. Sec. 10. Be it further enacted, That said mayor and aldermen shall have the authority and power to widen, extend or straighten any street, alley, laneway or square in said town, and to open, lay out and establish any new street, alley, laneway or square of whatever nature, same being done in accordance with resolutions or ordinances passed by said mayor and aldermen. After ten days' ntoice to the party at interest said mayor and aldermen may cause all encroachments or obstructions of a permanent nature, or which in the judgment of the said mayor and aldermen ought not to be allowed, along or upon any street, alley, lane, way or square in said town to be removed; and whenever such encroachments along or upon such street, alley, lane, way or square is laid out, then no compensation shall be made for the removal of the same. But whenever said mayor and aldermen shall exercise the power to widen the same, extend or straighten a street, alley, lane, way or square, and the compensation therefor can not be agreed upon between said town and the owner of siad property, there shall be appointed three arbitrators, one by the mayor and aldermen, one by the owner of said land, and the other by the arbitrators so chosen, of character and responsibility, who shall assess the damages sustained by the owner or owners of the land over or through which pass streets, alleys, lanes, ways or squares so widened, extended, straightened, opened, laid out or established, and which is taken for the purpose, and from which award an appeal can be had to the superior court by either party dissatisfied with such award. A majority of the arbitration can make the award. The submission shall be in writing; the return shall be written and filed in the office of the clerk of the superior court of Coffee county within ten days after it is made; and the appeal can be entered within ten days after the filing of the award. The arbitrators shall be sworn to make a just and true assessment of the damages, considering the value of the land and the benefits the owner is to receive from the opening of such streets, etc. If the owner of such land refuses to act, or is minor, or is insane, upon the fact being shown to the ordinary of Coffee county, he may appoint the arbitrator for such owner. The award, when so filed and not appealed from, shall be the judgment of the superior court of Coffee county, and execution may at once issue upon the same for the amount thereof as other executions are issued. In case of appeal as above provided for the court shall cause the issue as to such damage to be made up and tried as other appeal cases. The

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entering of an appeal shall in no case hinder or delay the town in widening, extending, straightening, opening, laying out or establishing any such street, alley, lane, way or square as aforesaid, but the same may proceed from the time the award in such condemnation is filed in the office of the clerk of the superior court, but before the commencement of said work tender shall be made of the amount of such award. In the event the town of Nichols is not dissatisfied with said award, it shall pay to the clerk of the superior court the amount so found to be due by said assessors or arbitrators. If the town is dissatisfied and the appeal is entered by it, it shall give bond, with security, for the payment of the amount adjudged to be due by it on the final hearing of said case. Should no appeal be entered within ten days, and the town of Nichols should fail or refuse to pay the amount of the award, and should proceed with the work, then the clerk shall, upon application of the owner or ordinary, where he is authorized to act, issue execution on said award, and proceedings thereon shall be had as in cases of judgments and executions in the superior court of Coffee county. But the town of Nichols shall have the right, after said award is filed, to abandon its purpose of widening, extending, straightening, opening, laying out or establishing said street, alley, lane, way or square, in the event the mayor or aldermen of said town should consider that the sum found to be due would, in their judgment, make said land so sought to be condemned too expensive to said town. But in such event said town shall pay all costs of said award. Streets. etc. Sec. 11. Be it further enacted, That the mayor and aldermen of said town shall have the authority and power, by ordinances or resolutions, to order and require the owner of any lot to make such pavements or sidewalks and repairs of the same as they may deem necessary, or to pave one half of the street next such lot, or to fill up any such lot to any grade of the streets of said town as they may think best; and if such owner fails or refuses to do so in thirty days, or begin such work in good faith in twenty days after he is served with a copy of their order in regard to the same, which order shall be served by the marshal, or any other officer of the town, by handing such owner personally a copy thereof, certified by the clerk of council, or by leaving it at such owner's most notorious place of abode, then and in that event, unless council grants further time, said mayor and aldermen shall be empowered to lay such sidewalks, pave such street, repair such pavement or streets, or fill up or grade such lot at the cost and expense of such owner, and issue execution against such owner for such amount as it cost

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them to do said work, and all costs, which execution shall be issued, levied, returned and disposed of as tax executions against owners of property returned; and for these purposes the person returning and claiming such lot for town taxes shall be regarded and taken to be the owner thereof, and if two or more make return and claim to such, the authorities may proceed against all or either of them, and leave to them the settlement of the question as to who, in fact, is owner and liable, for all or either of them shall be liable, as between them and said authorities, to do said work in the first instance, and for the cost of being done by said authorities as aforesaid in the second instance; and when no person returns or claims said property as shall be required to be filled up or graded or paved around, either for sidewalk or street, or for filling in or to be so required, as above mentioned, then no notice shall be given, but said mayor and aldermen shall note the fact and at once proceed to do such work, and then issue execution for the amount of the same and cost against the property as tax executions issue for taxes against non-returnable property; and all provisions as to sales of non-returned property for taxes shall be followed and applied in each instance. The material to be used in constructing, paving, repairing or otherwise improving the streets and sidewalks and curbing the same, the character of the improvements and all similar questions, shall be within the discretion of said mayor and aldermen, and nothing in this Act shall be so construed as to require all sidewalks and streets to be made of the same material or improved in the same manner. In the event that property shall be sold under executions for amount of such improvements of streets and sidewalks as above provided, the deeds made to the purchaser by the proper officers of said town shall be just as valid to purchasers as if made under the ordinary process of law issuing from the superior courts of this State; and provided, that such sale shall be subject to the right of redemption by the owner as in tax sales; and provided further, that said municipality may have authority to purchase property at any such sale when it is deemed advisable for said town to make such purchase as in tax sales allowed. Payements. Sec. 12. Be it further enacted, That the mayor and aldermen are hereby vested with powers to establish fire limits in said town and to prohibit the erection of any wooden building or structure, or such other kind or kinds of buildings or structures as will, in the opinion of said mayor and aldermen, increase the fire risks, in such part of the town of Nichols as they may designate as the fire limits, and may change and enlarge said fire limits when

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deemed necessary, and may exercise and use such supervision and control over the construction of the houses and material used therein, and the erection of awnings and sheds, of stovepipes, chimney flues, and other means of heating, as may be necessary and proper to guard against conflagration, and may require building permits to be issued before the erection or repair of any building or structure, which permit shall specify the material to be used and the manner of use in such erection or repair of buildings or structures. The said mayor and aldermen shall have supervision and control of all warehouses, cotton presses, cotton gins, cotton and lumber yards and naval store yards and other places in said town where materials of an inflammable nature are stored, and may prohibit smoking on or near, or the careless using of fire about cotton compresses, cotton gins, cotton warehouses, cotton yards, or other places where it is stored or kept, or may be placed. The said mayor and aldermen shall have power and authority to remove any forge, smithshop or other structure within the town, whenever in their opinion it shall be necessary for protection against fire, and shall have the power to cause any stovepipe or any other thing or matter that will endanger the town as to fire to be removed or remedied, as their prudence shall dictate; and they may summarily declare such to be dangerous without notice to any one, and remove the same instanter; and whenever it shall appear to them that any decayed, unsound or unsafe house, building or structure of any sort, is dangerous to pedestrians or persons passing, or is endangering the public health of said town, or of any portion of the inhabitants thereof, or of any locality therein, or is likely to produce disease, they may summarily condemn it by resolution or ordinance, and may cause it to be torn down by the marshal or police; and whenever, in their opinion, it is necessary to burn any property, clothing or whatever else to prevent the introduction or spread of infectious or contagious disease, they may, with the advice and counsel of the health officer and the majority of the board of health, if there be such officers, and if not, without such advice and counsel, do so instanter, and the marshal or other officer directed shall obey such order, and in all such cases they or any officer assisting in the performance of such order or resolution, shall not be liable to answer therefor in any court having [Illegible Text] except for gross neglect and extreme want of care, coupled with malice and without any probable cause to suspect such actions were not for the public good, and every presumption shall be in favor of such act having been lawful when done; provided, that whenever any property shall have been destroyed under the provisions

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of this section, the town of Nichols, in its corporate capacity, shall be liable to the owner thereof for the actual cash value thereof, and shall not be liable for any prospective profits or speculative damages or punitive damages in connection therewith. Fire limits. Dangerous structures. Sec. 13. Be it further enacted, That said mayor and board of aldermen shall have full authority and power to establish such system of quarantine and to make such sanitary regulations within the limits of said town as in their judgment may be necessary to prevent the introduction or spreading of contagious or infectious disease within said town; and that in order the more fully to exercise this authority and use this power, said mayor and aldermen are hereby given quarantine jurisdiction over all the area embraced within the jurisdictional limits of the county of Coffee in this State, and anywhere within these limits, either in said town or county, may locate, establish and change at pleasure, either permanent or temporary quarantine grounds, houses or pesthouses, and may condemn and take lands and buildings and personal property and property of any sort anywhere in said limits for quarantine grounds or quarantine purposes, either permanent or temporary; and such condemnation proceedings shall be had and done in the same manner and by the same rule as provided in section ten of this Act for condemning land for street ways and so forth, and all the provisions of that section for that purpose shall apply and be a provision of this from the selection of arbitrators to the trial of appeal, and may, by order, ordinance or resolution, put any part or all of said area under quarantine, and may arrest, detain, quarantine and, if need be, confine any person from, or suspected to be from, any infected place or place suspected to be infested, and detain and confine any such person or persons from day to day as they, by ordinance, shall see fit to declare and prescribe; shall have power to stop, delay, board, search all trains, cars, steamboats, boats, vehicles or conveyances of every sort, public or private, entering said limits, whenever, in the judgment of said mayor or aldermen, it may seem best; and may absolutely prohibit any such boat, train or carriage from entering said limits, or persons coming within the same or any such from leaving any of the same; but such rigid quarantine shall not be laid and established except by the consent of the mayor and aldermen and the board of health, if there be one; and no State board of health that now is, or that shall hereafter be established, shall ever have power to molest, lessen or otherwise interfere with said authorities in matters of

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quarantine in said limits, saving only to see to it that they maintain in the said area a quarantine not less strict than such State board of health may think best; and said mayor and aldermen shall have full power and authority to punish any violations of the quarantine rules and regulations of said town committed anywhere within said area; and said mayor and aldermen may, by resolution, adopt any regulations recommended by said board of health which shall, upon being published one time in the official organ of said county, or upon being posted at the door of the courthouse or town hall, and within twelve hours after its publication, become a binding ordinance upon all persons within said town and within said entire area when it shall so recite. Quarantine and sanitation Sec. 14. Be it further enacted, That said mayor and aldermen of said town shall have full power to adopt and enforce such ordinances as they may deem necessary to secure the removal of all garbage, rubbish, filth, dead animals, weeds, undergrowth and other offensive matters and material from any and all occupied and unoccupied lots and places within the said limits of said town at the expense of the owner or owners of said lots or places; whosoever shall fail or refuse, after written notice from the authorities aforesaid, to comply with the terms of such ordinances, shall be subject to such penalties as may be lawfully prescribed for the same. And said authorities, upon the failure or refusal of such owner to do such work, may cause the same to be done, and issue execution as they may by ordinance direct and prescribe, against the property of such owner for the amount of such expense and cost; and the person returning such lot for town taxes shall be taken and deemed to be the owner; and said executions shall proceed in the same manner and shall be liable to the same defense as is prescribed in this Act where executions are issued by the town for constructing, paving or otherwise improving the sidewalks of said town. Sanitation. Sec. 15. Be it further enacted, That the mayor and aldermen shall have power and authority to elect a health officer, who shall be a reputable practicing physician, and whose term of office shall be one year, and whose duty and compensation they shall prescribe and regulate, but when once fixed it shall not be increased or decreased during the term of an incumbent. Said mayor and board of aldermen shall also have power and authority, at any regular meeting, to elect a board of health, to consist of such number of members and for such term of office as they may prescribe. The members of said board of health shall be each over twenty-one years

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of age, a bona fide citizen of said town, and shall take the following oath before an officer authorized to administer an oath: I do solemnly swear that I will well and truly discharge all the duties required of me as a member of the board of health of the town of Nichols, so help me God. Said health officer and said board of health shall exercise the functions of their office over said entire quarantine area above defined. Said mayor and aldermen shall define, by ordinance, the duties and powers of said board of health not inconsistent with the laws of the land. Health officer. Sec. 16. Be it further enacted, That the mayor and aldermen of said town shall have full power to compel the removal to the smallpox hospital of any person or persons who shall have smallpox in or near said town in the county of Coffee, and who do not provide their premises with sufficient guards to completely quarantine them; but even when the premises on which said person may be who shall have the smallpox shall be sufficiently guarded, it shall still be in the power of the mayor and aldermen, when it is deemed [Illegible Text] and best, to remove said person having smallpox to the smallpox hospital. The mayor and board of aldermen of the town of Nichols shall have power and authority to declare by resolution that vaccination shall be compulsory upon all persons residing in said town of Nichols or within one mile of the corporate limits of same, and for this purpose said town authorities are hereby given police jurisdiction over all the territory within said one mile of the present limits of said town, and upon all persons who may be working or sojourning in said town, whether they be permanent residents or not of said town; and said mayor and aldermen shall provide in said resolution the time within which all persons, as above referred to, shall be vaccinated; and any person failing to be vaccinated within the time required in said resolution shall, upon conviction, be punished by a fine of not more than $100 or imprisonment in the town guard-house or the county jail. Smallpox. Vaccination. Sec. 17. Be it further enacted, That the mayor and aldermen of said town shall have power and authority to remove the inmates or occupants of lewd or disorderly houses in the town of Nichols; and that they shall have power to provide by ordinance a penalty for the use of vulgar and obscene language, and to punish lewd and disorderly conduct within the limits of said town, and to pass such other and further ordinances as may be necessary or expedient for the preservation of good order, decency, morality, peace, health, welfare, convenience and the good government of said town. Lewd houses

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Sec. 18. Be it further enacted, That the mayor and aldermen of said town shall not have power to license the sale of any spirituous, vinous or malt liquors within the limits of said town until such law affecting the county of Coffee, it shall be optional and high license law which may be in force in the county of Coffee, and even when any such persons shall have thus complied with any such laws affecting the county of Coffee, it shall be optional and discretionary with said mayor and aldermen as to whether a license shall be granted. In any and all events said town authorities may pass such ordinances as they may deem proper for the prevention of the sale by the punishment of any person who, in any illegal manner, may keep, sell or offer for sale in said town, any spirituous or malt liquors in said town without complying with the laws and ordinances relative thereto. Liquor, sale of. Sec. 19. Be it further enacted, That said mayor and aldermen of said town shall have power and authority to compel all male persons (except such as are specially exempted under the law) within the corporate limits of said town, between the ages of sixteen and fifty years, to work on the public streets, squares, lanes and alleys of said town not more than fifteen days during each year; provided, that any person subject to work on said street may commute the service so required by the payment to the officer of said town authorized to receive and receipt for the same, such sum as may be fixed by said mayor and aldermen; provided further, that said sum shall not exceed three dollars per year. Street work and commutation tax. Sec. 20. Be it further enacted, That said mayor and aldermen of said town shall have power and authority to license, regulate and control all billiard tables, pool tables or other tables of like kind, or any other kind of tables kept for public pay, tenpin alleys, ninepin alleys or other like alleys within the town, and to remove the same whenever they become nuisances; also to assess and collect a business license tax on all shows, circuses, exhibitions and performances of any and all kinds; also, to license, regulate and control all livery stables, drays, wagons, carts, and all pleasure vehicles of whatever kind, within the town; and the said mayor and aldermen shall have power and control over all wells and pumps and all water-works, fire companies and engines within said town. Police powers Sec. 21. Be it further enacted, That the mayor of said town shall have power and authority to hold a court, at such time and place in said town as he may appoint, for the trial of offenses committed against the by-laws, rules, regulations and ordinances of

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said town, and for such violations to punish by a fine not to exceed one hundred dollars, imprisonment in the guard-house of said town or the common jail of Coffee county not to exceed thirty days, work on the chain-gang on the public works, streets, alleys and so forth of said town (or if said town has no chain-gang, then on any chain-gang under the control of the authorities of Coffee county) not to exceed sixty days, and any one or more of the punishments may be ordered in the discretion of the mayor. The mayor of said town shall be ex officio justice of the peace so far as to enable him to issue warrants for offenses committed within the limits of said town. Said warrants may be served by the marshal or police of said town or by any other officer authorized by law to make arrests, and acting under said warrants said officer may arrest either within or without the limits of said town anywhere in Coffee county. Offenders so arrested may be carried before the mayor, and if there is probable cause to suspect that any of the penal laws of this State have been violated by the person so charged, it shall be the duty of the mayor to commit said accused to the common jail of Coffee county to answer to the charge preferred in any court of competent jurisdiction; provided, that if said case is one that is liable by justices of the peace said mayor shall admit said accused to bail. If in the examination or trial of an accused under a charge of a violation of any of the municipal ordinances there is reason to suspect a commission of a crime on his part, the mayor shall have authority to bind over or commit said accused for said penal offense. Mayor's court. Sec. 22. Be it further enacted, That all executions issued by the clerk of council of the town of Nichols shall be directed to the marshal of said town, and issued in the name of the town of Nichols, and be signed by the clerk, and shall state for what issued and be made returnable to the clerk aforesaid ninety days after the issuing of the same; and it shall be the duty of the marshal of said town to advertise the sale of such real or personal property as may have been levied on by him to satisfy said execution in the same manner respectively as sheriffs' sales of real property or constables' sales of personal property are required by law to be made; all of said sales to be made at the place and within the usual hours of sheriffs' sales, and to be made under the same rules and regulations as govern sheriffs' sales of similar property; that the time, place and manner of sale of property, both real and personal, for taxes due, shall be the same as provided by law for sales under executions for State and county taxes. Whenever any land is sold, the owner

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thereof shall have the privilege of redeeming it within one year by paying the purchaser the amount paid therefor, with ten per cent. premium therecon. Whenever at any such sale for taxes due no one present shall bid for the property put up for sale as much as the amount of such tax execution and all costs, and after such property shall have been cried a reasonable time, then any duly appointed or authorized officer or agent of the town of Nichols may bid off such property for the town, and the marshal or other officer making the sale shall make to the town of Nichols a deed to the property so sold and deliver the same, and the title thus acquired by the town shall be perfect and valid after the period provided for the redemption by the owner shall have expired, and the marshal or other officer making the sale shall put the town in possession; and the mayor and aldermen shall have no power to divert or alienate the title of the town to any other property so purchased, except by a public sale to the highest bidder in such manner as may be prescribed by the ordinances of the town. The clerk shall enter on his execution dockets all executions, giving the date and amount of each and to whom delivered, and all proceedings thereunder; said execution shall also be returned to the office of the clerk after being satisfied. When affidavits of illegality or claims are interposed, then all the papers shall by the clerk be transmitted to the clerk of the city court of Douglas in all matters and things of which that court shall have jurisdiction; all other illegalities and claims shall be returned to the clerk of the superior court, unless the amount involved be less than fifty ($50) dollars, when same shall be returned to the justice court of the 1170th district, G. M., Coffee county. In case of illegality or claim be filed, the usual and necessary bonds shall be given by the party filing or tendering said illegality or claim. The lien of tax execution in favor of the town of Nichols shall have priority on property within the corporate limits of said town over all other executions and judgments, except those for State and county taxes, and by order of the mayor and aldermen shall be transferred to any person who will pay the full amount and costs of the same, and the transferee shall be subrogated to all the rights of the town as to the enforcement of such execution, which shall retain all its prior liens. Municipal claims. executions for. Sec. 23. Be it further enacted, That whenever a person is arrested under the provisions or authority of this Act, it shall be lawful for him to enter into a good and sufficient bond, to be approved by the marshal or the mayor, conditioned for the faithful appearance of such person to answer such charge when the same

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shall be heard, and shall be payable to the mayor and aldermen of said town, which bond shall be forfeited on the non-appearance of the defendant in the same manner in the mayor's court as penal bonds are forfeited in the superior courts of this State; and said mayor is hereby empowered to issue scire facias returnable before him not less than ten nor more than twenty days when any defendant shall fail to appear in terms of his bond, which shall be directed to and served by the marshal or other police officer of said town, and upon the return thereof to enter up judgment against such principal and security upon such bond if the principal is not produced within said time in terms of said bond, as judgments of forfeiture are entered in the superior courts of this State; and upon all such judgments said mayor shall issue execution directed to the marshal or other police officers of said town, which may be levied upon all property of the defendant, principal or security, or both, and shall be returnable before said mayor in not less than ten nor more than sixty days from the date of judgment; and all sales of property under such executions and judgments shall be conducted, advertised and made as sales of property under executions for taxes where return has been made, and such judgments of said mayor shall be a lien upon all property of said defendants, principal and security, on such bond, equal in dignity to the several courts of this State of the same date, and superior in dignity to all judgments in this State rendered after the date of such judgment of forfeiture. Appearance bonds. Sec. 24. Be it further enacted, That no ordinance, by-law or resolution of said mayor and aldermen of a public character shall be binding within the limits of said town on persons within the same, natural or artificial, until the same shall have been published in some newspaper having a general circulation in said town, the paper in which the legal advertising for said town is done, or if this is impracticable, then by posting same in three or more public places in said town; and no ordinance or by-law shall pass the board of aldermen of said town and become a by-law or ordinance thereof until the same shall have been introduced and read once at the regular meeting of said mayor and aldermen, when the same is introduced, and again at the next regular meeting of said mayor and aldermen, before the same passes and becomes a law; provided, however, that the regular meetings of the mayor and aldermen of said town may be fixed by them and changed from time to time by resolution or by ordinance, without reading the same but once, and without any publication, and ordinances or resolutions touching quarantine, or passed in the exercise

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of the power of said mayor and aldermen as to quarantine, may be passed at the same meeting when introduced, whether regular, adjourned or called meeting, and after being read one time shall become a law at the time prescribed by it, care being taken to give as full and ample notice as circumstances will permit. Ordinances, etc., force of. Sec. 25. Be it further enacted, That from and after the passage of this Act the mayor and aldermen of the town of Nichols are authorized to submit to the qualified voters of said town, under the provisions of the Code of Georgia of 1895, sections 377 to 381, both inclusive, the question of issuing bonds in a sum not to exceed twenty thousand dollars, and to be held for the purpose of establishing, building, maintaining and operating a system of electric lights or a system of water-works, or a system of electric lights and water-works, and a system of public schools, one or all systems, for said town of Nichols, and at said election the ballots shall be written or printed For electric lights and bonds or Against electric lights and bonds, or For water-works and bonds or Against water-works and bonds, or For electric lights and water-works bonds or Against electric lights and water-works bonds, or For public school bonds or Against public school bonds, as the case may be, according to whether the question is submitted as bonds for the electric lights or water-works or public schools, or all, the town having the right, it is hereby declared and enacted, to call an election or elections to vote upon the question of establishing, building, maintaining and operating plants for either the lights or the water or schools, or for all, as may be deemed most advisable by the mayor and aldermen of said town. (b) Should said election or elections herein provided for result in favor of electric lights or water-works or schools, or all, as the case may be, then the mayor and aldermen of said town of Nichols shall be, and they are, hereby authorized to issue said bonds for said purposes in a sum not to exceed twenty thousand dollars in the aggregate, each of said bonds to be so issued to be in such sums as said mayor and aldermen may designate; said bonds to be payable in thirty years, but the interest to be paid annually. (c) Said bonds shall be signed by the mayor and council of the town of Nichols, under its corporate seal, and shall be sold, hypothecated or disposed of to the very best advantage of said town of Nichols as may be determined by said mayor and aldermen, and the proceeds thereof shall be used exclusively for the purpose of establishing, building, maintaining and operating either a system of electric lights or water-works or schools, or all, as the case may be, for said

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town. (d) The mayor and aldermen of said town shall have full power and authority to make any and all rules, regulations and ordinances relative to said electric lights and water-works and schools and the use of the same by the citizens of said town that they may deem right and proper, not in conflict with the laws of this State. (e) Said mayor and aldermen of the town of Nichols are hereby authorized and empowered to charge the citizens of said town such sum as they, the said mayor and aldermen, may deem just and proper for the use of said lights and water. (f) The mayor and aldermen of said town are hereby authorized to annually assess, levy and collect a tax on all the property, both real and personal, within the corporate limits of said town, in such sum only as they may deem necessary and right and proper, for the specific purpose of paying the interest on said bonds and accumulating a fund for the payment of the principal of said bonds on their maturity; the said tax so assessed, levied and collected to be kept separate and distinct from all other taxes, and shall be used solely for the payment of interest and principal on said bonds aforesaid. (g) The principal of said bonds, when they shall become due, and the coupons or interest warrants of the same, when they shall become due, shall be receivable by the town of Nichols in payment of all dues to said town, and said bonds shall not be taxable, directly or indirectly, by the town of Nichols. (h) Be it enacted, That if the election herein provided for either for electric lights or water-works or schools, or all, should be against the issuing of bonds for either or all systems, then and in that event the mayor and aldermen of said town of Nichols may at their own instance and shall, on the application of any five freeholders of said town, at any time thereafter order another election under the provisions of this Act; provided only, that such elections shall not be held oftener than once in every six months; and provided further, that said mayor and council shall call an election for a vote only as to the lights, or the water, or the schools, and the same should be for issuing of bonds for that purpose, then still they may call another election at such time as they may deem proper to vote as to establishing the other systems; provided, that the aggregate amount of bonds shall not exceed the amount herein provided for. Municipal bonds for water, lights and schools. Sec. 26. Be it enacted by the General Assembly of the State of Georgia, That there shall be established, conducted, maintained, supported and provided for by local taxation and otherwise in the manner hereinafter provided in this Act a system of public schools in and for the town of Nichols, Coffee county, Georgia. Public schools.

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Sec. 27. Be it further enacted, That there shall be a board of education for said town under the corporate name of the Nichols board of education, with right to sue and be sued in said corporate name, and whose duty it shall be to establish, manage, control and maintain said public schools. Said board shall consist of five members, to be elected by said mayor and council of said town within thirty days from the time this Act goes into effect, or as soon thereafter as practicable. At the first election, two members shall be elected for two years, and three members shall be elected for the term of one year, and thereafter election for members of the board of education shall be held annually on the first Monday in December of each year, or so soon thereafter as practicable, and the terms of members elected after said first election shall be for two years. All vacancies on the board of education shall be filled by special elections for the unexpired term only. The members of said board may hold their office until their successors shall be elected and qualified. No person shall be eligible to membership upon said board except such persons as would be eligible to the office of mayor of mayor of said town, and no person shall be eligible to election to such membership who, at the time of his election, is mayor and councilman of said town. Board of education. Sec. 28. Be it further enacted, That the officers of the board of education shall be a president, vice-president and secretary and treasurer, and such other officers as the board may deem advisable. The secretary and treasurer of said board shall, before entering upon the discharge of the duties of his office, take and subscribe to an oath to faithfully discharge the duties of his office, and shall give bond in such sum as may be fixed by the board to faithfully account for all moneys coming into his hands as such officer, which said bond shall be made payable to said board of education; and the said board of education is hereby empowered to bring suit and maintain the same upon said bonds in any of the courts of this State for any breach of said bond by the said secretary and treasurer, and the proceeds of said suit shall be applied to the public schools of said town. Said secretary and treasurer shall pay out no moneys except by orders of the board. Officers of board. Sec. 29. Be it further enacted, That said board of education shall have power, and it is hereby made the duty of said board, to speedily devise, design, adopt and establish under this Act a system of public schools, to modify the same from time to time, to establish such schools as they may see fit for the whites, and also for the blacks of said town, and which for the two races shall be entirely

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separate and distinct from each other, and not more than one school for one race, unless said board of education shall at a regular meeting order more than one, and in this have the concurrence of the mayor and council of the town of Nichols. Public school system. Sec. 30. Be it further enacted, That said board of education shall keep full and accurate minutes of the proceedings of said board, which shall at all times be subject to the inspection of the mayor and council of the town, or any other citizen of said town. Said board shall supervise, regulate and make efficient said school system, shall prescribe the curriculum and the books to be used in said school, shall elect and employ teachers for said schools, and if they see fit, a superintendent for said schools; they shall fix the school terms and the time of beginning and closing of said schools; they shall have the right to remove or suspend such teachers and superintendent whenever, in the discretion of the members of said board, they may deem such action to be for the interest of said schools, and their action in so doing shall be conclusive in all cases and not subject to review by any body or court; they shall fix the compensation of teachers and pay the same; they shall make such by-laws for the government of said board and for the control of said teachers and schools as may be deemed fit and proper, when the same are not in conflict with the laws of this State; they may provide grades in said schools and provide suitable apparatus, furniture and appliances of every kind for the use of said schools, and do any and all other acts which they may deem best to promote the best educational interests of said town not in conflict with State laws. Control of schools. Sec. 31. Be it further enacted, That said board is authorized and empowered to receive, hold, apply, sell or expend any donation, gift or bequest of property of any kind, real or personal, made to said board for the benefit of the school of said town. School property. Sec. 32. Be it further enacted, That said board shall, out of any funds going into their hands, provide schoolhouses by renting or purchasing suitable buildings, and shall properly furnish the same for school purposes. The title of such property shall be in the corporation of the town of Nichols. School buildings. Sec. 33. Be it further enacted, That said board of education shall keep accurate accounts of all moneys or property received by them for the use of said public schools and of all expenditures made by them; these accounts shall be at all times open to the inspection of the mayor and council of Nichols or of any citizen of said town. The members of said board shall be personally liable to the corporation of the town of Nichols for all moneys paid to

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said board for the use of said public schools, and by said board appropriated for any other purpose. Expenditures. Sec. 34. Be it further enacted, That said board shall annually make report to the mayor and council of Nichols in writing of the condition of said schools, and shall accompany said report with a full itemized statement of all the moneys received and expended by said board and present the vouchers therefor. This report shall contain an estimate of the amount of funds required for the proper conduct of said schools for the ensuing school year, and like reports shall be furnished at any time by said board to the said mayor and council. Reports of board. Sec. 35. Be it further enacted by the authority aforesaid, That the terms of office of the officers of said board shall be fixed by the by-laws of the board, and no officer shall have any compensation for their services except the secretary and treasurer, whose compensation shall be fixed by the board prior to his election and qualification, not to exceed, however, one hundred dollars per annum. Officers, terms and compensation. Sec. 36. Be it further enacted, That the public schools herein provided for shall run for a period of not less than five, nor more than ten scholastic months in each year. Scholastic year. Sec. 37. Be it further enacted, That if the election herein provided for shall be in favor of public schools, then the mayor and council of said town of Nichols shall be authorized and empowered to assess, levy and collect annually a tax, in addition to that now provided by law, not to exceed one fourth of one per cent. per annum on all the taxable property of said town; provided, the entire amount of taxes shall not exceed one and one half per cent., which shall be used solely and exclusively for the purpose of establishing and maintaining said schools, and providing furniture, apparatus, grounds and buildings for said schools. This tax shall be collected by the first day of January of each year after the same is assessed and levied, in like manner as other taxes are collected, and shall be turned over to said board of education, to be used for the purposes aforesaid and no other; provided, however, that the provisions of this Act shall not go into effect until said supplementary tax herein provided for shall have been levied and collected. School tax. Sec. 38. Be it further enacted, That all school children between the ages of six and eighteen years, who are bona fide residents of said town with their parents or guardians, shall be entitled to the benefit of said schools, and no such child or children shall be required to pay any tuition for such course of study as is now provided by law in the public schools of the several counties

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of the State, but the board may, in their discretion, require children living outside of the limits of said town to pay tuition for and during the school terms provided. All such tuition charges shall become a part of the fund for the maintenance of said public school system, and must be so used and accounted for, as shall likewise any other fees. Admissions of pupils Sec. 39. Be it further enacted, That moneys arising from, furnished or collected by the corporation of the town of Nichols under this Act, for the establishment, maintenance and support of said public schools, shall be paid over to the Nichols board of education, upon said board giving bond with good security, payable to the corporation of the town of Nichols, in such sums as the mayor and council may fix, conditioned for the faithful application of all said funds in establishing and maintaining the public schools in this Act provided for; provided, it shall be optional with the mayor and town council to exact such bond, or not, as they may deem best. School fund. Sec. 40. Be it further enacted, That the board of education of Coffee county shall not establish or open any school within the corporate limits of said town of Nichols, nor have any authority or voice in the management of the school therein established under the provisions of this Act by the board of education of Nichols. Control of schools. Sec. 41. Be it further enacted, That the State School Commissioner of Georgia shall pay over to the board of education of Nichols the pro rata share of the State and county school fund to which said town is entitled, according to the number of children of school age residing within the corporate limits of said town, increased by the number of children of school age residing within the corporate limits of Nichols who attend said school. For each child of school age residing within the corporate limits, and for each child of school age residing without its corporate limits, but attending said public schools of the town of Nichols, the town of Nichols is entitled to receive, for each year, the amount apportioned for the State school fund for each child of school age residing in the county of Coffee. The amounts to be paid shall be paid at such time as the teachers of the counties are paid, and when paid shall be expended by said board for the support and maintenance of said public schools of Nichols. Pro rata share of State school fund. Sec. 42. Be it further enacted, That in the case of the breaking out of an epidemic or contagious disease, the board shall have the right and power to stop and prevent any child that has been exposed to it, or liable to contract it, from attendance upon said school for such time said board shall deem prudent and safe. Contagious diseases.

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Sec. 43. Be it further enacted, That the child of no person shall have the benefit of said public schools who fails or refuses to pay all taxes assessed against him or her by the corporation of the town of Nichols, and which he or she is liable for. Tax defaulters. Sec. 44. Be it further enacted, That all assessment of taxes, and all funds arising from or collected under this Act, shall be by the corporate authorities of the town of Nichols kept separate and distinct from other assessments and collections of said town, and are to be used solely for the purpose herein designated; and the mayor and council shall keep a separate, full and distinct itemized account, showing all moneys raised, when and how, and from whom and what, and the disposition of the same, to whom, when and for what paid. Corporate funds. Sec. 45. Be it further enacted, That all ordinances heretofore adopted by the mayor and aldermen of the town of Nichols, for said town, and which are now in force, and which are not in conflict with this Act, shall remain in full force and effect; provided, that said mayor and aldermen of the town of Nichols may at any time repeal, alter or amend any or all of said ordinances, or they may, by an ordinance, repeal all ordinances heretofore passed. Ordinances. Sec. 46. Be it further enacted, That all Acts of the General Assembly heretofore passed, conferring any power on the mayor and aldermen, or restricting any of the powers of said mayor and aldermen, not in conflict with this Act, and other than those contained in this Act, are not repealed, but all provisions of former Acts which are at variance with this Act are hereby expressly repealed, and all laws and parts of laws in conflict with this Act are hereby repealed. Conflicting laws Approved August 15, 1903. NORWOOD, CHARTER AMENDED. No. 389. An Act to amend an Act approved October 7, 1885, incorporating the town of Norwood, so as to give the mayor the power to try and fine all offenders; to provide for the levy and collection of special taxes, and for other purposes. Section 1. Be it enacted by the General Assembly of the State

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of Georgia, That on and after the passage of this Act, the charter of the town of Norwood be, and the same is, hereby amended so that a special tax can be levied and collected on all business avocations; provided, the tax levied on any business shall not exceed ten dollars. Norwood, specific taxes. Sec. 2. Be it further enacted, That the mayor of the town of Norwood be, and he is, hereby empowered to try all offenders and impose fines. Offenders, how tried. Sec. 3. And be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903. NUNEZ, TOWN OF INCORPORATED. No. 291. An Act to incorporate the town of Nunez, in the county of Emanuel; to fix the corporate limits thereof; to provide for a mayor and aldermen, and other officers; to define their powers and duties, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That Nunez, a station on the B. P. R. R., in Emanuel county, be, and the same is, hereby incorporated as a town, under the name of the town of Nunez. Nunez, town of. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall extend as follows: One half of one mile in all directions from the present depot of the B. P. R. R., at Nunez. 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 Nunez, and by that name and style shall have perpetual succession and do all acts relating to their corporate capacity, sue and be sued, plead and be impleaded. Mayor and aldermen. Sec. 4. Be it further enacted, That on the second Wednesday of the month following the passage of this Act, and annually thereafter, an election shall be held in the town of Nunez, for mayor and aldermen, whose terms of office shall begin immediately upon their qualification. Said election shall be held and be conducted

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in the same manner as elections for State and county officers, and the certificates of the managers shall be sufficient authority of the officers elected to enter upon the discharge of their duties. Annual elections. Sec. 5. Be it further enacted, That all bona fide residents of said town, eligible to vote for members of the General Assembly, for six months previous to the election, shall be qualified to vote in said election. Voters. Sec. 6. Be it further enacted, That the mayor and aldermen shall, before entering upon their duties, subscribe to the oath usual in such cases, before the proper officer. Official oaths. Sec. 7. Be it further enacted, That said mayor and aldermen shall have the power and authority to elect a marshal and clerk, prescribe their duties and require of them such bonds as they may deem necessary. The marshal shall act as clerk, tax-receiver and tax-collector, and he alone shall receive any pay for services. Officers. Sec. 8. Be it further enacted, That said mayor and aldermen have the power to make and pass all ordinances, by-laws, rules and regulations that may seem necessary for the good government, peace, order, and health of said town, and for the enforcement of all powers herein granted; provided, that they are not repugnant to the Constitution and laws of the State of Georgia, or 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 and personal, subject to the State tax, within the corporate limits of said town, for the purpose of paying the expenses of the town, and they shall also have the power and authority to require all persons subject to road duty, under the laws of this State, to work on the streets and sidewalks of said town, but they may receive in lieu of said work such commutation fee as said mayor and aldermen may prescribe. Taxation. Sec. 10. Be it further enacted, That said mayor and aldermen shall have the power to provide for the arrest and punishment of offenders against any ordinance, by-law, rule or regulation of said town, by fine, imprisonment or work on the streets of said town; provided, said fine shall not exceed twenty-five dollars, and such imprisonment shall not exceed twenty-five days. Trial and punishment of offenders. Sec. 11. 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 cannot 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 officer of said town. Mayor pro tem

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Sec. 12. Be it further enacted, That said mayor and aldermen shall have the power to provide by ordinance for the collection of all taxes, moneys and fines due said town by execution, to be issued by the mayor and executed by the marshal thereof. Municipal claims. Sec. 13. 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 town. Witnesses. Sec. 14. Be it further enacted, That the mayor of said town shall be the chief executive officer. He shall see that the ordinances, by-laws, rules and regulations of the council are faithfully executed; he may appoint special police when he may deem it necessary, of whom he shall have full control; he shall have power to issue executions for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and in default of such immediate payment he may imprison offender in the guard-house in said town, or county jail, not exceeding twenty-five days. Mayor's powers and duties. Sec. 15. Be it further enacted, That the mayor and council of said town shall forever be prohibited from granting license in any form to any person, natural or artificial, for the sale of spirituous, vinous or malt or other intoxicating liquors, and such drinks as are commonly known as rice beer, champagne cider and like articles, within the corporate limits of said town of Nunez; they shall prohibit the dealing in all such articles, gaming with cards or other devices, and all kinds of gambling, by appropriate by-laws enacted for that purpose. Liquor, sale of. Sec. 16. Be it further enacted, That in addition to the ad valorem tax, the mayor and council shall have authority to levy a special tax upon all business, trades, hotels and boarding-houses carried on in said town; to provide by ordinance for the return of all real and personal property for taxation; to double-tax defaulters; to prescribe the time when the same shall be due, and shall have the power to enforce the same by execution; to try all nuisance within the city and to abate the same; to define what shall constitute a nuisance; to cause any nuisance likely to endanger the health of the town to be abated in a summary manner; 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, and to require owners of lots to drain the same and to fill excavations depressions. Taxation.

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Sec. 17. Be it further enacted, That the mayor and council shall have authority to lay off, open up streets and alleys in the town, and for this purpose may be allowed to condemn the property and lands of all persons whomsoever within the corporate limits of said town, vacate, close and order streets and alleys; to prohibit any one from laying out any new street or alley save by the consent of the mayor and council; to regulate the width of sidewalks and to pave, repave or repair the pavement of same at the cost of owners of real estate adjoining it, enforcing the payment of said cost by execution against the property and against the owner of the same, which shall be issued and levied as executions for taxes shall be sold in the same manner, and shall be subject to all the incidents of purchase by the town and redemption by the owner, etc., as provided in section 732 et seq. of the Georgia Code of 1895. Streets, etc. Sec. 18. Be it further enacted, That said mayor and council shall have authority to remove, or cause to be removed, all obstructions upon the streets, alleys or sidewalks of said town; to have an official survey of the town and to make the corporate limits of the town; to organize a chain-gang and to put at compulsory labor thereon all those convicted of violating any of the ordinances of said town; to punish for vagrancy, and in case a jury is demanded to bind over to the proper State court. Police powers. Sec. 19. Be it further enacted, That the mayor and council of the town of Nunez shall each have the authority to hold courts of inquiry and commit offenders to the State courts in the same manner as is exercised by justices of the peace. Mayor's court Sec. 20. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 6, 1903.

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OAKWOOD, TOWN OF INCORPORATED. No. 315. An Act to incorporate the town of Oakwood, in the county of Hall; to define its limits; to provide for a mayor and council and other officers, and election of the same; to provide a municipal government for said town; to prescribe the powers and duties of the several officers; to provide for rules and ordinances, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That the town of Oakwood, in the county of Hall, be, and the same is, hereby incorporated as a town under the name and style of the town of Oakwood. Oakwood, town of. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall extend one third of a mile in every direction from the place where Athens street strikes the Southern railroad. Corparate limits. Sec. 3. Be it further enacted by the authority aforesaid, That Professor M. B. Sewell be, and is, hereby appointed mayor, and W. C. Allen, H. A. Puskette, W. A. Thomas, Dr. W. R. Bornwelle and C. F. Sargent be, and they are, hereby appointed councilmen of said town of Oakwood, to hold their offices from the date of the approval of this bill until the annual election as hereinafter provided. Mayor and councilmen pro tem. Sec. 4. Be it further enacted, That on the first Wednesday in December, 1903, and annually thereafter on the same day, an election shall be held in such 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 councilman 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, or of the county of Hall six months, and of the town of Oakwood three months. Said election shall be held and conducted in the same manner as elections for county officers in the State, and the certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the offices to which they have been elected. Annual elections. Sec. 5. Be it further enacted, That before entering on the discharge

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of their duties the mayor and each councilman shall subscribe the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear that I will faithfully discharge all duties devolving on me as mayor or councilman, as the case may be, of the town of Oakwood, according to the best of my ability and understanding; so help me God. Official oaths. 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 authority to issue warrants for any offense committed within the corporate limits of said town, and shall have power to compel the attendance of witnesses, to examine them under oath, to admit any offender to bail or commit him to jail for violation of the laws of the State, and to admit to bail or commit to the guard-house for violation of the ordinances of said town. Mayor ex officio a justice of the peace. Sec. 8. Be it further enacted, That said mayor and councilmen shall have full power and authority to pass all ordinances and by-laws that they may deem necessary for the government of said town; provided, they be not repugnant to the Constitution and laws of this State or of the United States. General welfare Sec. 9. Be it further enacted, That said mayor and councilmen shall have power to levy and collect taxes not exceeding one dollar 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 compel 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 to 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 one dollar on every hundred dollars. Taxation. Sec. 10. Be it further enacted, That the mayor and council of said town shall have power to pass any ordinances not in conflict with the Constitution or laws of this State or of the United States; to prohibit the storage or keeping of wine, beer, white hops, malt or intoxicating liquors of any kind for any illegal purpose within

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the corporate limits of said town, and to punish any person for violating the said laws or ordinances. Liquor, keeping 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 resolution. 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 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 violators and disorderly persons of said town; he shall have power to issue executions for all fines, penalties and cost imposed by him, and he may require the immediate payment thereof, and in default of immediate payment thereof he may imprison the offender in the guard-house of said town not exceeding 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's powers and duties. Sec. 13. Be it further enacted, That if at any time the office of mayor or councilmen shall have 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 the 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. Repealing clause. Approved August 12, 1903.

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PALMETTO, TOWN OF, NEW CHARTER FOR. No. 454. An Act to create a new charter for the town of Palmetto, in Campbell county, Georgia; prescribe its powers and duties, and to repeal all Acts heretofore passed creating a charter for said town or amending same, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the municipal government of the town of Palmetto, in the county of Campbell, shall consist of a mayor and four councilmen, who are hereby constituted a body corporate under the name and style of the Town of Palmetto, and by that name shall have perpetual succession; shall have a common seal, and be capable in law and equity of having, purchasing, holding, receiving, enjoying, possessing and retaining to said town of Palmetto in perpetuity any estate or estates, real or personal, any and all kinds of property, whether real or personal, or whatever kind or nature, within or without the jurisdictional limits of said town, for corporate purposes; and shall, by said name, be capable of suing and being sued in any court of law or equity, and shall succeed to all the rights and property and to the debts and liabilities of the corporation of The mayor and council of the town of Palmetto. Palmetto, town of, new charter or. Corporate powers. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town of Palmetto shall extend three fourths of a mile in each direction from the center of the freight depot of the Atlanta and West Point railroad as now located in said town. Corporate limits. Sec. 3. Be it further enacted by the authority aforesaid, That an election shall be held on the first Saturday in January, 1904, and on the first Saturday in January in each year thereafter, for the election of a mayor and four councilmen of said town. Each of said officers shall serve for one year and until their sucessors are elected and qualified. At the first meeting of said mayor and council of said town of Palmetto, or as soon thereafter as practicable, one of said councilmen shall be elected mayor pro tem., who shall perform all the duties of mayor when the mayor shall be absent, disabled or disqualified, and during any vacancy in the office of mayor. Annual elections

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Sec. 4. Be it further enacted by the authority aforesaid, That in case of vacancy of any of the offices mentioned in the preceding section, by death, resignation, failure to elect, removal from office, removal from the town or otherwise, such vacancy shall be filled by election by the remaining members of the mayor and council. Vacancies. Sec. 5. Be it further enacted by the authority aforesaid, That all elections held under the provisions of this charter shall be managed by a justice of the peace, or some other judicial officer, and two freeholders, or by three freeholders, all of whom shall be citizens of said town; and each of said managers, before entering on the discharge of his duties, shall take and subscribe before some officer authorized by law to administer oaths the following oath, to wit: I do solemnly swear that I will faithfully and impartially conduct this day's election held for mayor and councilmen of the `town of Palmetto,' and make a true return thereof; that I will not knowingly prevent any person from voting who is entitled to vote in this election, nor will I knowingly allow any one to vote who is not entitled to vote, nor will I disclose for whom any one voted unless called upon to give evidence thereof in some court of law or equity in this State. Said managers shall cause to be kept two lists of voters and two tally-sheets of said election: The polls of every such election shall open at 9 o'clock a. m. and close at 3 o'clock p.m. Elections how held. Sec. 6. Be it further enacted by the authority aforesaid, That after the votes at any election shall have been counted by the managers they shall certify the two lists of voters and the two tally-sheets, and shall place said lists of voters and said tally-sheets, with the ballots, in a box or envelope and seal it and write their names across the seal and deliver the same to the clerk of the mayor and council, who shall securely keep them for thirty days without opening them. At the end of the thirty days, if no contest is filed, or at the end of the suit or contest, if filed, said clerk, in the presence of the mayor or a councilman, shall burn said lists of voters, tally-sheets and ballots without opening them. The managers shall at the end of one hour after counting the ballots certify to the person receiving the highest number of votes in said election for mavor, and to the four persons receiving the highest number of votes for councilmen, that they were duly elected to such offices. If said managers shall be notified, before they deliver said certificates, by any person, in writing, that the election of any one of the parties is to be contested, they shall not deliver the certificate to such person until the expiration of thirty days from date of said election,

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or until said contest is decided, when they shall deliver it to the person entitled thereto. Elections, results. Certificates. Sec. 7. Be it enacted by the authority aforesaid, That so soon as said mayor and council receive their certificates of election, or as soon thereafter as practicable, the persons elected shall take before some person authorized to administer oaths, or before the retiring mayor, he being hereby authorized to administer the same, the following oath, to wit: I, , do solemnly swear that I will faithfully and truly perform the duties of mayor (or councilman, as the case may be) of the town of Palmetto to the best of my ability, without favor to any one, so help me God. Official oaths. Sec. 8. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of mayor or councilman unless he is over twenty-one years of age, is a citizen of the United States and of Georgia, and has resided in said town of Palmetto more than one year next preceding the election. Eligibility. Sec. 9. Be it further enacted, That all persons qualified to vote for members of the General Assembly of this State, and who shall have paid all taxes legally imposed upon them by said town of Palmetto, and shall have resided in said town sixty days prior to the election at which they offer to vote, and shall have registered as required by the regulation laws of said town of Palmetto, when passed, shall be entitled to vote at any election provided for under this charter. Voters. Sec. 10. Be it further enacted by the authority aforesaid, That said town of Palmetto shall have power, acting through its mayor and council; to provide for the registration of voters prior to any and all elections for officers of said town; to pass and enforce all ordinances and regulations for same, not contrary to law, as they may deem proper, and to require that no persons be permitted to vote at said elections unless registered; provided, that the registration books shall always be opened at least forty days before any election and closed ten days before the election; and provided, that when any voter has registered for the regular election for mayor and councilmen in January of any year, no further registration shall be required of such voter at any intermediate election occurring before the next regular annual election for mayor and councilmen. But it shall be the duty of the official or officials making out the registration list for any such intermediate election to expunge from the list any who may have become disqualified since the last annual election for mayor and councilmen. Registration. Sec. 11. Be it further enacted by the authority aforesaid, That

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the mayor shall be the chief executive officer of the town of Palmetto. He shall see that all laws, ordinances, resolutions and rules of the town are faithfully executed and enforced, and that all officers of the town shall faithfully discharge the duties required of them. He shall preside at all meetings of the mayor and council, and shall have a right to vote in all elections by the mayor and council. He shall have a right to vote on all other questions before the mayor and council only when there is a tie. He shall have a right to veto any ordinance or resolution within three days after the same is passed, but his veto shall be overruled when three members of the council vote to overrule the same at the next regular meeting of the mayor and council, or any intervening meeting of the mayor and council after such veto. Mayor's powers and duties. Sec. 12. Be it further enacted by the authority aforesaid, That there shall be a recorder's court for the trial of offenses and offenders against the laws and ordinances of said town of Palmetto, which court shall be held by a recorder, to be elected as hereinafter provided, and in his absence or disqualification by one of the councilmen, to be designated by the mayor. Said court shall have the power to preserve order; to compel the attendance of witnesses; to punish for contempt by imprisonment not exceeding two days or by fine not to exceed ten dollars, or both, and said recorder shall have power, on the conviction of any person of the violation of any of the ordinances of said town of Palmetto, to sentence such persons to labor on the streets or public works of said town not to exceed thirty days, or to impose a fine not to exceed fifty dollars. He may impose one or both of said punishments in his discretion. Recorder's court. Sec. 13. Be it further enacted, That the recorder shall have power when trying any person charged with a violation of the ordinances of said town of Palmetto, if it shall be made to appear that such person has violated any of the criminal laws of this State, to commit such person to jail or require such person to give bond, if a bailable offense, to appear before the court having jurisdiction to try it. Commitments. Sec. 14. Be it further enacted, That the mayor and council at the first meeting after their election, or as soon as practicable thereafter, shall elect a clerk, a treasurer, a marshal or marshals and a recorder for said town, to require bond and security for the faithful discharge of their duties, except that they need not require the recorder to give bond unless they desire to do so. Officers Sec. 15. Be it further enacted That the mayor and council of

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the town of Palmetto shall prescribe the duties of all the officers of said town, confer on them all such powers, duties and liabilities not in conflict with laws of this State, as they may deem proper, provide for their removal from office and fix their compensation; but the salary of the mayor, clerk and recorder shall not exceed twenty-five dollars per annum, each, and the salary of the marshal shall not exceed three hundred dollars per annum, and if the treasurer shall receive any salary it shall not exceed twenty-five dollars per annum. Duties and compensation. Sec. 16. Be it further enacted, That the said town of Palmetto, through its mayor and council, may appoint such extra policemen and deputy marshals as may be necessary. Policemen. Sec. 17. Be it further enacted, That the town of Palmetto, through its mayor and council, shall have the power to levy and collect, for the support of the government of said town of Palmetto, and to defray its ordinary annual expenses, an ad valorem tax on all the taxable property in said town, said tax not to exceed one eighth of one per cent. Ad valorem tax. Sec. 18. Be it further enacted, That the town of Palmetto, in addition to the tax provided for in the foregoing section, shall have right and power, in case or cases of emergency, to be judged of by them, to levy an extra tax not to exceed one fourth of one per cent. on the taxable property in said town; provided, said extra tax shall not be levied until authorized by two thirds of the qualified voters in said town, at an election specially called by the mayor and council to determine that question, and then it shall only be levied one time under authority of one election, and shall not be levied again unless authorized by another election, but they may have an election as often as they please under this section, but said tax shall not be levied more than once in any year. And any election held under this section must be advertised for thirty days before the same can be held. Extra ta Sec. 19. Be it further enacted, That said town of Palmetto, through its mayor and council, shall have the power to levy and collect such license or occupation tax as they may see proper upon the sale of any and all beverages sold in said town. And upon all billiard tables and other tables, all tenpin alleys and other alleys of like character; all shows, lightning-rod peddlers or agents, and other peddlers, upon all shooting-galleries, and all games, races, contests, flying horses, skating-rinks. In addition they shall have the right to levy and collect such license or occupation or vocation tax, where not prohibited by the laws of this State, on every other

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business, occupation or calling of whatever kind or character carried on or offered to be carried on in said town, not to exceed ten dollars per annum, and to enforce the collection of such taxes by execution and penal ordinances; provided, that said mayor and council, nor any other person, shall ever have power to license the sale of any intoxicating liquors in said town, but persons selling the same in said town shall be guilty of retailing without license, but said mayor and council shall have power to prohibit the keeping of such liquors for the purposes of illegal sale thereof. License and specific taxes. Sec. 20. Be it further enacted, That the town of Palmetto shall have power to compel all male persons between the ages of sixteen and fifty years, who are not exempt by law from road duty, to work on the streets fifteen days in each year, but they may accept from such persons such sums of money in lieu of such work as they may see proper, not to exceed five dollars, and they are hereby empowered to pass and enforce all ordinances not contrary to law to carry this section into effect. Street work and commutation tax. Sec. 21. Be it further enacted, That the mayor and council of the town of Palmetto shall have the power to appoint three freeholders of said town as tax-assessors (and fix their compensation), whose duty it shall be to carefully scrutinize each return of property, real and personal, made by every taxpayer of said town, and if in their judgment they shall find the property embraced in said return, or any portion thereof, returned below or above its value, they shall assess its true value. Said board of assessors may also assess the value of all property in said town not returned for taxation. After making their assessment said board shall grant to any person interested and asking therefor a hearing, and after such hearing they shall increase, decrease or confirm such assessment as they may deem fair and just, and this action shall be final. Tax-assessors. Sec. 22. Be it further enacted, That the mayor and council of the town of Palmetto shall have full and complete control of the streets, alleys, sidewalks, public parks and squares and the public property in said town, and shall have power to close, open, lay out, widen, straighten or otherwise change all streets, sidewalks, alleys, parks and squares of said town of Palmetto, and the right to condemn private property for the public use aforesaid, and to prescribe such rules and regulations, not in conflict with laws of this State, for the assessment of the damages for the private property so condemned, and for carrying this section into effect. Streets, etc. Sec. 23. Be it further enacted, That the said mayor and council

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of said town of Palmetto shall have power to organize one or more work gangs, and to confine to work therein persons who have been sentenced by the courts of said town of Palmetto to work upon the streets or other public works of said town, 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 officers and employees. Chain-gang. Sec. 24. Be it further enacted, That the mayor and council of the town of Palmetto shall have the power to establish and regulate markets; to prescribe the time of holding the same; to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to prevent cattle, hogs, sheep, horses, dogs and other animals and fowls from going at large in said town; to protect places of divine worship in and about the premises where held; to abate or cause to be abated anything that shall become a nuisance; to own, control and regulate the cemeteries in said town; to control, provide for and regulate interments therein; to provide for proper care of the said cemetery, streets and drainage of the lots therein; to provide, when they see proper, for the macadamizing and paving the streets of said town and the sidewalks; to protect persons and property in said town; preserve peace and good order therein, and for this purpose to appoint, when necessary, a police force to assist the marshal in the discharge of his duties; to prescribe the duties and powers of officers appointed by the mayor, or the mayor and council of said town; to fix their term of service and compensation; to require of them such bonds and security as they deem proper. Police powers. Sec. 25. Be it further enacted, That the town of Palmetto, through its mayor and council, shall have power to fix the fire limits of said town and to restrict, enlarge or change the same; and shall have the power to regulate and fix the kinds of buildings and the materials for buildings to be erected within said limits within said town; to prevent any one from erecting any building until the materials and plans are approved by the mayor and council, or such officials as they may designate for that purpose, and shall have power to condemn such buildings as are constructed of such materials and in such manner as renders it dangerous for it to remain within such limits; they shall have power to pass all rules and regulations not contrary to law, necessary in their judgment to carry this section into effect; provided, they shall have no power to destroy any property within said limits which has already been erected before said limits are prescribed or changed, so as to include said property, unless it is in such condition or is

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put to such use as to become a nuisance or dangerous to the life or health of the citizens of said town. Fire limits. Sec. 26. Be it further enacted, That the town of Palmetto, through its officers, shall have the power to remove any forge or smith shop, when in its operations it becomes necessary to insure safety against fire; it shall have power to remove stovepipes, stoveflues or other things which endanger the town as to fire; and shall have power to abate all nuisances within the corporate limits of the town, and in case any nuisance is erected in the town they may abate the same at expense of the persons erecting the same. Nuisances. Sec. 27. Be it further enacted, That the town of Palmetto shall have power to enforce, by execution issued by the clerk, to be attested in the name of the mayor, the collection of any amount due or to become due to it for taxes, license fees, assessments, fines and forfeitures or any other dmand for which suit does not have to be brought in State courts, and it may also collect by penal ordinances any of the above amounts except for ad valorem taxes and forfeitures, the executions to be levied by the marshal and the property sold by him at public sale in a public place in said town after advertising, as may be prescribed by the mayor and council, personalty for ten days and realty for thirty days before sale. Executions for municipal claims, Sec. 28. Be it further enacted, That the mayor and council of said town of Palmetto shall have power and authority to establish police rules and regulations, and shall have the power to pass and enforce all laws and ordinances not in conflict with the Constitution and laws of this State, which in their judgment will tend to promote the safety, health, good order, morality, peace and general welfare of said town, and persons and property therein. Police powers. Sec. 29. Be it further enacted, That nothing in this Act shall be construed to repeal an Act, approved December 10, 1902, 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 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, which Act is published in the laws of 1902, page 286, but the same shall remain of force and become and be a part of this Act and the charter of said town of Palmetto. School buildings.

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Sec. 30. Be it further enacted, That if the said town of Palmetto, acting through its mayor and council, shall desire to create a debt for the purpose of carrying into effect any of the powers in its charter, it shall have the right to do so when authorized by two thirds of the qualified voters of said town at an election held for that purpose, as provided under the laws of this State. Municipal debt. Sec. 31. Be it further enacted, That no money shall be drawn out of the treasury of said town of Palmetto except on draft signed by the mayor and the clerk, after order by the mayor and council that such draft be drawn. But the funds raised under the Act mentioned in section 29 of this Act shall be paid out as prescribed in said Act. Expenditures, how made. Sec. 32. Be it further enacted, That the mayor of said town shall have the right, upon the recommendation of the recorder, to pardon any person convicted and sentenced for a violation of any of the laws or ordinances of said town of Palmetto. Mayor, power to pardon. Sec. 33. Be it further enacted, That the present municipal officers in said town shall hold their offices until the expiration of the time for which they were elected, and shall perform all duties required of them under this charter during said time, and the mayor shall perform all the duties of recorder until a recorder shall be elected, and all the ordinances passed by the mayor and council of the town of Palmetto, not in conflict with law, shall be and remain in force as the ordinances of the town of Palmetto until they shall be repealed by its mayor and council. Officers pro tem. Sec. 34. Be it further enacted, That all the acts heretofore passed by the General Assembly incorporating said town, or the mayor and council of town of Palmetto, amending said charter and conferring powers and liabilities thereon, except the Act mentioned in the 29th section of this Act in reference to the school bonds, be, and the same are, hereby repealed. Laws of force. Sec. 35. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903.

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PARROTT, CHARTER AMENDED. No. 244. An Act to amend the charter of the town of Parrott, Terrell county, Georgia, approved September 26, 1889, so as to provide for the election of a mayor and five councilmen on the fourth Wednesday in December, annually; to provide for the registration of voters, 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, section 3 of the Act, approved September 26, 1889, entitled an Act to incorporate the town of Parrott, in Terrell county, and for other purposes, be, and the same is, hereby amended by striking the word three from the second line of said section and inserting the word five, so that when thus amended said section shall read as follows: That the government of said town shall be vested in a mayor and five councilmen, who may sue and be sued, plead and be impleaded and perform any and all other acts necessary for the government of said town under the name of the mayor and council of the town of Parrott. Parrott, town of. Mayor and councilmen. Sec. 2. Be it further enacted by the authority aforesaid, That section five of said Act be, and the same is, hereby amended by striking from the first and second lines of said section the words: The first Monday in January, 1890, and on the same day biennially hereafter, and inserting the following words: The fourth Wednesday in December, 1903, and on the same day annually thereafter; also by striking the words two years from the fourth line of said section and inserting the words one year; also by striking the words is not from the sixth line of said section and inserting the words has not been; also by adding after the word town in the seventh line of said section the words for thirty days; also by adding the following words after the words said State in the eighth line of said section, and who has not paid all taxes due the town of Parrott, and who has not registered his name at least ten days before election day in a book to be kent by the clerk of the town council, and to which all persons qualified to register shall have access, so that, when thus amended, said section shall read as follows: That on the fourth Wednesday in

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December, 1903, and on the same day annually thereafter, an election shall be held in said town for mayor and councilmen whose term of office shall be for one year, and until their successors are elected and qualified. No one shall vote for or be eligible to said office of mayor and councilmen who has not been a bona fide citizen of said town for thirty days, and who is not qualified to vote for members of the General Assembly of said State, and who has not paid all taxes due the town of Parrott, and who has not registered his name at least ten days before election day in a book to be kept by the clerk of the town council, and to which all persons qualified to register shall have access. 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. Elections. Sec. 3. Be it further enacted by authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved July 30, 1903. PLAINVILLE, TOWN OF INCORPORATED. No. 242. An Act to incorporate the town of Plainville, in the county of Gordon; to define the corporate limits of said town; to provide for a selection of a mayor and aldermen for the government thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the town of Plainville, in the county of Gordon, be, and the same is, hereby incorporated as a town under the name of the town of Plainville. Plainville, town of. Sec. 2. Be it further enacted, That the municipal government of said town of Plainville 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 Plainville, 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 and equity in this State, plead and be impleaded, and do all other acts

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relating to their corporate capacity, and shall be capable in law to purchase, hold, receive, enjoy, possess and to retain to them and their successors for the sole use and benefit of the town of Plainville any estate, real and personal, and to sell, exchange or lease the same in any way whatever. Mayor and aldermen. Corporate powers. Sec. 3. Be it further enacted, That the corporate limits of said town shall extend one half mile in every direction from the depot of the Southern Railway Company in said town. 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 first Saturday in December, 1903, and annually on the first Saturday of December thereafter. Said mayor and aldermen shall hold their office for one year, or until their successors are elected and qualified. The first regular meeting for the qualification of the mayor and aldermen elect shall be on Wednesdays first after the election. Mayor and aldermen, election of. Sec. 5. Be it further enacted, That the said mayor and aldermen shall, before entering upon their 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 mayor (or alderman, as the case may be) of the town of Plainville, according to the best of my ability, so help me God. Official oath. Sec. 6. Be it further enacted, That the qualifications of voters at said election shall be such as are required for electors to the General Assembly, and in addition thereto residence within the corporate limits of said town for six months next preceding the election, and the payment of all legal taxes required of them by said corporation. Voters. Sec. 7. Be it further enacted, That said mayor and aldermen shall have power and authority to elect such marshal, clerk and other subordinate officers as may be deemed necessary for carrying on the powers herein granted, and to prescribe the compensation of such subordinate officers, and to 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 pass and make all ordinances, by-laws, rules and regulations necessary for the good government, peace, order and health of said town; provided, they are not repugnant to the Constitution and laws of this State or the United States. General welfare. Sec. 9. Be it further enacted, That said mayor and council shall have power to levy a tax, not to exceed one half of one per cent., upon all property, real or personal, subject to State tax

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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 fee as said mayor and council shall prescribe, which shall be used only in working the streets, alleys and sidewalks of said town; provided, that no person shall be required to work on said streets, alleys and sidewalks for more than fifteen days in one year. Taxation. Sec. 10. Be it further enacted, That said mayor and council shall have power to assess and collect such a license tax as they may deem proper, on all shows, exhibitions and 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; provided, they shall not have power or authority to authorize, allow or license the sale of any intoxicating, spirituous, vinous or malt liquor in said town. Licenses. Sec. 11. Be it further enacted, That said mayor and council shall have power to provide for the arrest, trial and punishment of offenders for the violation of any ordinance, by-law or regulation of said town, by fine, imprisonment or work on the streets of said town; provided, said fine shall not exceed thirty dollars, and such imprisonment or work shall not exceed twenty days. Offenders trial and punishment. Sec. 12. Be it further enacted, That at the first meeting of the mayor and council after their election and qualification, it shall be the duty of said body to elect a mayor pro tem., who shall perform all the duties of the mayor when, from any cause, the mayor cannot be present to execute the duties of his office. Mayor pro tem. Sec. 13. Be it further enacted, That in the event that the office of mayor or aldermen, or any subordinate office of said town, shall become vacant, the said vacancy shall be filled by the said mayor and council. Vacancies. Sec. 14. Be it further enacted, That said mayor and council shall have power and authority to lay out, open and abolish streets and alleys of said town, extend and change the same as the public may require, by paying the owners just compensation for the property taken for any such purposes, and in the event that the owners of the property so taken and the mayor and aldermen can not agree on the value of the property, then the mayor shall chose one disinterested person and the owner the second; these two, when so selected, shall choose a third person, which shall constitute a board of arbitration, who shall decide the question of value, the decision of which board shall be final. Streets, etc.

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Sec. 15. Be it further enacted, That said mayor and council shall have power to provide by ordinance for the collection of all taxes, moneys and fines due to said town by execution, to be issued and signed by the mayor of said town or the mayor pro tem. Taxes, collection of. Sec. 16. Be it further enacted, That upon the arrest of any person upon a charge of violating any of its ordinances or by-laws, if it shall appear from the testimony adduced upon the trial of said person that there is probable cause for his detention to answer to the charge of having violated any of the criminal laws of this State, said officer trying said cause shall issue his warrant committing said accused to the common jail of the county to answer to the charge preferred by any court of competent jurisdiction in said county; provided, that if said case is one that is bailable by justice of the peace, bail shall be allowed by said committing officer. Commitments. Sec. 17. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved July 30, 1903. ROSWELL AUTHORIZED TO ISSUE BONDS. No. 263. An Act to authorize the mayor and council of the town of Roswell, in Cobb county, Georgia, to issue bonds not to exceed eleven thousand dollars, for the purpose of improving the streets in said town, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That as soon after the passage of this Act as is practicable, the mayor and council of the town of Roswell, in Cobb county, Georgia, shall order an election to be held in said town of Roswell at the usual place of holding election for mayor and council thereof, and under the same rules and regulations, to determine the question of creating a bonded indebtedness for said town for the purpose of improving the streets thereof. Roswell, election for bonds. Sec. 2. Be it further enacted, That all persons entitled to vote for mayor and council of said town of Roswell shall be qualified to vote at said election to determine the question of creating a bonded indebtedness for said town; that an election shall not be held without thirty days' notice having been given by the mayor

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and council of said town by posting a notice at the place where the elections of mayor and council are generally held. Voters. Sec. 3. Be it further enacted. That when the same shall be authorized by the qualified voters of said town, as provided in the preceding section of this Act, the mayor and council of said town shall proceed to issue the bonds of said town, to be signed by the mayor and clerk thereof, not to exceed an aggregate sum of eleven thousand dollars, of the denomination of one hundred dollars each, to be known as Roswell street bonds, and to draw interest at a rate not greater than 6 per cent. per annum, payable semi-annually, on the 15th day of May and December of each year, and the principal thereof to mature not later than twenty years after the date of their execution. Said bonds shall be exempt from taxation by the authorized vote of said town. Before the issuing of said bonds, the mayor and council shall provide for the assessment and collection of an annual tax on the taxable property of said town sufficient in amount to pay the interest on said bonds, as they shall mature. Said mayor and council shall also provide a sinking-fund sufficient to redeem said bonds at their maturity by assessing and collecting an annual tax of not more than five hundred and fifty dollars upon the taxable property of said town. Said sinking-fund thus raised shall be kept loaned by the mayor and council of said town until the maturity of said bonds, or any portion of them, they requiring good security to be given for any part of said sinking-fund thus loaned, and the interest to be paid at least annually, or otherwise invest said fund so it will be secure and yield a good income. No part of the funds raised for the purpose of paying the interest on said bonds and the principal thereof shall be used for any other purpose whatever; said bonds shall be negotiated by the mayor and council of said town at not less than par, without expense to said town, and the whole proceeds thereof to be turned over to the treasurer of said mayor and council, to be by said board expended in improving the streets of said town of Roswell, and for no other purpose, and only so many of said bonds shall be negotiated by said mayor and council as said board shall determine to be necessary for said purpose. Bonds, how issued, etc. Sec. 4. Be it further enacted, That the provisions of this Act shall not take effect until the same shall have been submitted to a vote of the qualified voters of said town of Roswell and approved by two thirds vote of said qualified voters of said town. Said election shall be conducted in the same manner and under the same rules as elections of mayor and council of said town, and within three days from the holding of said election said mayor

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and council shall declare the result. The ballots cast at said election shall contain the words For bonds or Against bonds. Election. how held. Sec. 5. Be it further enacted by authority aforesaid, That if the result of the first election held under the provision of this Act is not For bonds, then other elections, if ordered by the mayor and council, may be held under the provisions of this Act, not closer than one year apart, until the result is For bonds. Other elections. Sec. 6. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved July 30, 1903. SAND HILL, TOWN OF INCORPORATED. No. 426. An Act to incorporate the town of Sand Hill, in the county of Carroll, and define its corporate limits; to provide for a mayor and council of said town and prescribe their powers and duties; to provide for the holding of an election in said town on the question of establishing and maintaining a system of public schools therein by local taxation; to create a board of school trustees for said town, and prescribe their powers and duties, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act the town of Sand Hill, in the county of Carroll, be, and the same is, hereby incorporated under the name and style of Sand Hill. Sand Hill, town of. Sec. 2. Be it further enacted, That the corporate limits of said town shall embrace the following territory, to wit: Lots of land Nos. 45; 46, 47, 48, 49, 50, 51, 52, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 140, 141, 142, 143 and 144 in the 5th district of said county, and lots of land Nos. 3, 4, 5, 6, 7, 8, 25, 26 27, 28, 38, 39 and 40 in the 6th district of said county, and the southeast quarter of lot No. 9, the south half of lot No. 59, and that portion of lots Nos. 36 and 37 lying southwest of the public road running from Hickory Level to Couch's mill, in the 6th district of said county. Corporate limits. Sec. 3. Be it further enacted, That the municipal government

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of said town of Sand Hill shall be vested in a mayor and three councilmen, who are hereby constituted a body corporate under the name and style of the mayor and council of the town of Sand Hill, and they shall have perpetual succession and be capable of suing and liable to be sued, and have the right to hold and possess real and personal property for the use and benefit of said town. Mayor and councilmen. Sec. 4. Be it further enacted, That P. H. Gharst shall be the first mayor, and T. M. Hamrick, W. F. Hendon and J. C. Smith shall be the first councilmen of said town, who shall hold said offices until their successors are elected and qualified as herein-after provided. Mayor and councilmen pro tem. Sec. 5. Be it further enacted, That on the first Saturday in February, 1904, and every two years thereafter on the same day, an election shall be held in the said town for mayor and councilmen, which election shall be held as elections for justices of the peace and by the same persons; and all persons in said town who are qualified to vote for members of the General Assembly are qualified to vote in said election; and the person receiving the largest number of legal votes for mayor shall be declared by the managers of the same elected mayor; and the three persons receiving the largest number of votes for councilmen shall be likewise declared elected councilmen. If there should be a vacancy in the office of mayor or councilmen the remaining members shall order an election to fill such vacancy, which shall be held as above provided and notice thereof posted at two or more public places in said town twenty days before the day of election. Annual elections Sec. 6. Be it further enacted, That before entering upon the discharge of their duties the mayor and councilmen shall each take and subscribe the following oath before some officer authorized to administer the same, to wit: I do solemnly swear (or affirm) that I will faithfully discharge all the duties incumbent upon me as mayor (or councilmen) of the town of Sand Hill to the best of my ability, so help me God, which oath shall be entered on the minutes of said mayor and council. Official oath. Sec. 7. Be it further enacted, That said mayor and council shall have power and authority to elect such marshals, clerks and other ministerial officers as may be necessary to the administration of the municipal government of said town, and shall prescribe their duties and require of them such bonds as they may deem proper. Said mayor and council shall serve without compensation, and the marshal or marshals shall be paid such fees for services rendered as they shall fix. Officers. Sec. 8. Be it further enacted, That said mayor and council

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shall have power and authority to make and pass all ordinances, by-laws, rules and regulations that they may deem necessary for the peace, good order and the general welfare of said town; not in conflict with the Constitution and laws of this State. General welfare. Sec. 9. Be it further enacted, That said mayor and council shall have power to levy and collect a tax for municipal purposes not exceeding one tenth of one per cent. per annum, on all the real and personal property in said town. They shall also have power and authority to lay out and keep up such sidewalks in said town as they may deem proper. But the county authorities of the said county of Carroll shall still have jurisdiction over the laying out, keeping up and working of the public roads or streets in said town in the same manner and to the same extent as if this Act had not been passed, and all citizens of said town who are subject to road duty, or the payment of the commutation tax, shall still be thus subject. Taxation. Sec. 10. Be it further enacted, That the mayor and council of said town shall have power and authority to appoint from the citizens of said town who are freeholders and qualified voters, three tax-assessors, who shall serve as such until their successors are appointed, and if vacancies occur, the mayor and council shall fill the same by appointment. Said tax-assessors shall be sworn to faithfully discharge their duties. Tax-assessors. Sec. 11. Be it further enacted, That it shall be the [Illegible Text] said tax-assessors, at such time as the mayor and council shall direct, to inspect and assess a valuation upon all real estate in said town at its true market value, to the best of their judgment, and make out a list thereof with the names of the owners, in a book to be provided for that purpose, and return the same to the clerk of said town. If any one be dissatisfied with the valuation placed by said tax-assessors upon his property, he shall notify said clerk, and such owner shall select one arbitrator and the clerk for said town shall select one, and these two shall select the third, all of whom must be freeholders and residents of said town, and they shall inspect the property of said owner and hear such evidence as they may deem relevant, and then assess a value thereof, which assessment shall be final. Assessments. Sec. 12. Be it further enacted, That the taxpayers of said town shall annually make full and correct returns of all their personal property to the clerk, in such way and at such time as the mayor and council may prescribe; these returns shall be made under oath, which said clerk is hereby authorized to administer. The clerk shall make up a tax digest from the assessed value of the realty

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and the returns of the personalty, as herein provided for, and shall levy and collect the taxes due said town at the rate fixed by the mayor and council. Tax returns. Sec. 13. Be it further enacted, That the mayor and council of said town shall have power and authority to determine when the taxes provided for in this Act shall become due and payable; and if not paid when due, the clerk shall issue executions therefor, directed to the marshal of said town, under which levies and sales shall be made as hereinafter provided. Taxes, when payable. Sec. 14. Be it further enacted, That it shall be the duty of the marshal of said town to levy and collect all tax executions issued by the clerk thereof; and when personal property is levied on, he shall advertise the same in the manner constables' sales of personal property are required by law to be advertised, and shall sell the same before the justice court-house door in said town on a justice's court day. When realty is levied on, he shall advertise and sell the same in the same manner and at the same time and place as sheriffs' sales are required to be advertised and sales made under the laws of this State; and he shall receive the same commissions therefor as constables and sheriffs receive for similar services. Tax executions. Sec. 15. Be it further enacted, That the mayor of said town shall be the chief executive officer thereof; he shall see that the laws and ordinances of said town are enforced and faithfully executed, and that all officers thereof faithfully discharge their duties as such. He shall preside at all meetings of the mayor and council, and in his absence the council shall select one of their number to so preside. He shall hold a mayor's court at such times as he may fix for the trial of offenders against the laws or ordinances of said town, and in case of his absence or disqualification he shall designate one of the councilmen to hold such court. Said court shall have power to preserve order, compel the attendance of witnesses, punish for contempt by imprisonment not over two days, or by fine not exceeding $10. Said court shall have full power and authority, upon conviction for violating the laws and ordinances of said town, to sentence such offender to pay a fine not exceeding $25.00 and costs of prosecution, or to labor on the public works in said town not exceeding thirty days, or to imprisonment in the calaboose in said town not exceeding thirty days, and any one or more of these punishments may be ordered in the discretion of the mayor. Said mayor shall be ex officio justice of the peace in so far as to issue warrants for violations of the criminal laws of the State committed in said town, to hold a court of inquiry and to commit offenders after examination to the jail of said county

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or bail them, if the offense be bailable, to appear before the court having jurisdiction of the offense charged. Mayor's court. Ex officio a justice of the peace. Sec. 16. Be it further enacted, That on the 1st day of September, 1903, an election shall be held in said town of Sand Hill on the question of establishing and maintaining public schools therein by local taxation in accordance with article 8, section 4, paragraph 1 of the Constitution of this State. All persons in said town qualified to vote for members of the General Assembly shall be to vote at said election, and those favoring public schools 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 by the same persons and in the same manner as elections for the justices of the peace are held, and if two thirds of the qualified voters of said town vote for For public schools, then there shall be established and maintained by local taxation a system of public schools in said town. Public schools, election for. Sec. 17. Be it further enacted, That T. G. Johnson, J. C. Smith, F. E. Smith, J. T. Eady, J. A. F. Broom, W. T. Hendon, J. J. Parker, W. H. Kenney, T. M. Hemrick and J. M. Wallis be, and they are, hereby created a board of school trustees for said town with perpetual succession. They and their successors in office shall have power to acquire and hold real and personal property by purchase, donation or otherwise, in trust for said town for school purposes, with the right to sue and the liability of being sued. Trustees pro tem. Sec. 18. Be it further enacted, That said board of trustees shall elect from their own body a chairman, secretary and treasurer, who shall perform such duties as the board may require of them. The treasurer shall give bond payable to said board in such sum as they may determine, conditioned for the safe-keeping and proper disbursement of the funds that may come into his hands as such treasurer. He shall not pay out any money except as ordered by the board. If vacancies occur on said board by death, resignation or removal from said town, the remaining members shall elect some competent person to fill the same. No person is eligible to the office of trustee who is not a resident of said town and a qualified voter therein. Officers of board of trustees. Sec. 19. Be it further enacted, That said board of trustees shall have the entire control and management of the public schools in said town. They shall determine the length of the scholastic term and the time of beginning and closing the schools; they shall adopt rules and regulations for their own government and that of the schools, prescribe the course of study, select text-books, employ teachers and fix their compensation. They shall have power

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to provide for the admission of children to said school who do not reside in said town or who are not within the ages of 6 and 18 years, upon payment of such tuition as they fix. They shall also have power to provide a course of instruction for pupils who desire to pursue studies other than those embraced in the elementary branches of an English education, upon payment of such tuition as they may fix. There shall be one school for white and one for colored children between the ages of 6 and 18 years. Control of schools. Sec. 20. Be it further enacted, That said board of trustees shall determine as early as practicable each year what amount of money it will be necessary to raise by taxation to defray the expense of running the public schools in said town for the ensuing scholastic year, and report the amount so needed to the mayor and council of said town, and it shall be their duty to levy and collect the same and turn it over to the treasurer of said board of trustees; provided, the rate of taxation for school purposes under this Act shall not exceed one and one half per cent. per annum. School tax. Sec. 21. Be it further enacted, That the county school commissioner of Carroll county shall pay over to the treasurer of said board of trustees the pro rata share of the State and county public school money to which the schools in said town are entitled, which shall be ascertained by reports made out by the teachers thereof in the same manner as other public school teachers in said county are required to make reports of the attendance of pupils; this money, together with that raised by local taxation, shall constitute a fund to be expended by said board in the maintenance of the public schools of said town in such way as they may deem best. Pro rata share of county and State school fund. Sec. 22. Be it further enacted, That all laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 17, 1903. SAVANNAH, SALARY OF ALDERMEN. No. 305. An Act to provide that each alderman of the city of Savannah shall receive salary or compensation for his services, payable out of the treasury of said city, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act each alderman of the city of Savannah shall be paid out of the treasury of said city in the way of salary or compensation for his services

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the sum of ten ($10) dollars for each and every regular meeting of the city council, but nothing shall be paid any alderman for his attendance at any extra, recessed or adjourned meeting of council. Savannah, salary of aldermen. Sec. 2. Be it enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 6, 1903. SAVANNAH, LAND FOR PUBLIC BUILDINGS. No. 249. An Act to grant unto the mayor and aldermen of the city of Savannah certain land in said city adjoining the public building known as The City Exchange, and on the north, south, east and west of the same, so as to provide a suitable site for a city hall to be erected in Savannah, and for other purposes. Whereas, It is proposed by the mayor and aldermen of the city of Savannah to erect a public building in Savannah to be used as a city hall on a site comprising that of the present building known as The City Exchange, and also adjoining lands on all sides of the same; Section 1. Be it enacted by the General Assembly of the State of Georgia, That the mayor and aldermen of the city of Savannah, a municipal corporation of said State, is hereby authorized and empowered to use and occupy as a portion of the site for said new public building certain land in said city adjoining the said City Exchange on the north, south, east and west of the same; that is to say, the said land so used and occupied in the erection of said proposed public building shall extend to the southward of and from said exchange on and along the north side of Bay street out to a line coincident with the southern extremities of the lower pillars of the front portico of the exchange, and running in an easterly and westerly direction to intersection with the hereinafter designated eastern and western lines of said proposed building, and to the northward of and from said exchange out to a line coincident with the northern extremity or side of that portion of the exchagne known as the record vault, and running in an easterly and a westerly direction to intersection with the hereinafter designated eastern and western lines of said

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proposed building; and to the eastward of and from said exchange out to a line twelve (12) feet from and about parellel to the present east wall of said exchange building, and running in a northerly and southerly direction to intersection, respectively, with the front and rear lines of the proposed building, as hereinbefore defined, and also to use and occupy an additional strip of land eight (8) feet wide eastward of and along the eastern wall of the proposed building for a public way for pedestrians from Bay street down to the street below leading to the river front, this public way to be in lieu of the one now in use eastward of and appurtenant to said City Exchange, and to the westward of and from said exchange out to a line seven (7) feet from and about parallel to the present west wall of said exchange building, and running in a northerly and southerly direction to intersection, respectively, with the front and rear lines of the proposed building as hereinbefore defined. All of said land in the city of Savannah adjoining the said building known as the City Exchange, on all sides, and extending out to the limits hereinbefore defined, is hereby conveyed and granted unto the mayor and aldermen of the city of Savannah and its successors, said land, or so much thereof as may be deemed necessary in the judgment of said grantee, to be used and occupied for the purposes aforesaid. Savannah, land for city exchange. 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. Repealin clause. Approved July 30, 1903. SHARON, CHARTER AMENDED. No. 251. An Act to amend an Act approved December 24, 1884, incorporating the town of Sharon, in Taliaferro county, and Acts amendatory thereof, so as to authorize and empower the mayor and council of said town of Sharon to make annual appropriation to the public schools in said town from the funds arising from the liquor license of said town, and to make loans of any funds of said town. Section 1. Be it enacted by the General Assembly of the State

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of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act that an Act approved December 24, 1884, incorporating the town of Sharon, in Taliaferro county, and Acts amendatory thereof, be, and the same is, hereby amended so that the mayor and council shall turn over to the board of trustees of the Sharon high school of Sharon, Ga., to be paid annually from the funds in the treasury of said town arising from the liquor license in said town, not exceeding one half of the same; said payment shall be made on January 1st of each year, such appropriation to the public schools of said town as they, the board of trustees, deem proper; and also to authorize and empower said mayor and council to make such loans of the funds as they may at any time have on hand from any source, as they may deem to the best enterest of the town of Sharon. Sharon, appropriation for high school. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved July 30, 1903. SPREAD, TOWN OF INCORPORATED. No. 357. An Act to incorporate the town of Spread, in the county of Jefferson; to provide for a mayor and councilmen and other officers; to prescribe their duties, and to provide for the enacting of all necessary ordinances; to provide penalties for the violation of the same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the town of Spread, in the county of Jefferson, be, and the same is, hereby declared to be incorporated under the name and style of the town of Spread, and as such shall be entitled to sue and be sued, plead and be impleaded, and dosuch other acts as may be authorized by this Act. Spread, town of incorporated. Sec. 2. Be it further enacted by the authority aforesaid, That the corporate limits of said town shall be 1200 yeards in every direction from the point where the Augusta Southern Railroad crosses the Louisville and Spread public road. Corporate limits. Sec. 3. Be it further enacted, That an election be held on

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the first Wednesday in January, 1904, and on each succeeding 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 Spread who shall qualify to vote for the mayor and councilmen of said town. The person receiving the highest number of votes for the office of mayor shall be declared 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. Annual elections for mayor and councilmen. Sec. 4. Be it further enacted, That before the entering upon the discharge of the duties, the mayor and councilmen shall subscribe the following oath, which may be administered by any person authorized by 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 Spread, to the best of my ability and understanding, so help me God. Official oath. Sec. 5. 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 and damage therein; provided, that they be not repugnant to the Constitution and laws of Georgia and the United States. General welfare. Sec. 6. 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 property as in other cases of the sale of property. All the levies of the tax executions shall be made by the marshal or 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 may prescribe a commutation tax, which may be paid in lieu of the work upon the streets. Taxation. Street tax.

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Sec. 7. 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 upon them, and issue warrants for the arrest of all disorderly persons in said town, and in default of 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 him to work upon the public streets of the town of Spread 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's powers and duties. Sec. 8. 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 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. Officers. Sec. 9. Be it further enacted, That the clerk and marshal shall receive such salaries, to be determined before the election of said clerk and marshal. Clerk and marshal. Sec. 10. 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 the town. Specific taxes. Sec. 11. Be it further enacted, That said mayor and councilmen of the town of Spread 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

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regulations to protect the health of the town, and for general sanitary purposes. Streets Sec. 12. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903. TENNILLE, CHARTER AMENDED. No. 388. An Act to amend an Act to provide a new charter for the city of Tennille, in the county of Washington, to grant certain powers and privileges to said city, and for other purposes, approved October 24, 1887, so as to confer upon said municipality the right to make contracts with any other municipality in this State for the purchase of electrical power or electric lights and water, or any or all of the same, and to further authorize that municipality in this State for the joint erection or operation of an electric light plant and water-works system, 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, an Act to provide a new charter for the city of Tennille, in the county of Washington, to grant certain powers and privileges to said city, and for other purposes, approved October 24, 1887, be, and the same is, hereby amended by conferring upon said municipality the right to make contracts with any other municipality in this State for the purchase of electrical power or electric lights and water, or any or all of the same, and by authorizing said municipality to make contracts with any other municipality in this State for the joint erection and operation or the joint erection or operation of an electric light plant and water-works system, or of an electric light plant or of a water-works system. Tennille, electric lights and water-works. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903.

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TOCCOA, CHARTER AMENDED. No. 227. An Act to amend an Act to incorporate the City of Toccoa, in Habersham county, Georgia, to change the name of Toccoa City, in the county of Habersham, to the City of Toccoa; to provide that all property now held and owned by Toccoa City shall be and become the right and property of the City of Toccoa, and that all rights and liabilities of Toccoa City shall accrue to and against the City of Toccoa; to provide that all laws and ordinances of Toccoa City not in conflict with this charter, shall be valid and enforceable as laws and ordinances of the City of Toccoa; to define the limits of the City of Toccoa; to confer municipal powers on the City of Toccoa, and provide municipal government therefor; to support and maintain the public school system; to construct and maintain a system of sewerage; to regulate fire, sanitary and police protection; to raise revenue by taxation and specific license or otherwise; to make contracts and issue bonds to defray the expenses of city government; to grant franchises to railway, electric lights, telegraph, telephone, waterworks and other companies, and such other franchises as may be deemed necessary, or prohibit the same, and to grant a charter to said city under the corporate name of the City of Toccoa, and for other purposes, approved December 20, 1897, by amending section 4 of said Act by striking out the word five in third line and insert the word six in lieu thereof, and adding the following words after the word annually in the sixth line of said section 4: that at the next annual election in said City of Toccoa there shall be elected six councilmen. The three receiving the highest number of votes shall serve for the term of two years, and the three receiving the next highest number of votes shall each serve one year, and at each annual election thereafter that only three councilmen be elected to serve two years; and by amending section 17 of said Act by adding after the word final in the fifteenth line of said section the following words: except that any citizen or property owner not being satisfied with the last assessment placed upon his or her property shall have the right of an appeal to the council. 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 4 of the above recited Act be amended by striking out

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the word five in the third line and insert the word six in lieu thereof, and by adding the following words after the word annually in the sixth line of said section 4: that at the next annual election in said City of Toccoa there shall be elected six councilmen. The three receiving the highest number of votes shall serve for the term of two years, and the three receiving the next highest number of votes shall each serve one year, and at each annual election thereafter that only three councilmen be elected to serve two years, so that when said section 4 as amended shall read as follows: Section 4. Be it further enacted by the authority aforesaid, That the municipal government of said city shall consist of a mayor and six councilmen, a clerk and treasurer, both of which last named officers shall give bond in such sum as may be prescribed by council, payable to the City of Toccoa, all of whom shall be elected annually, except that at the next annual election in said City of Toccoa there shall be elected six councilmen. The three receiving the highest number of votes shall serve for the term of two years, and the three receiving the next highest number of votes shall each serve one year, and at each annual election thereafter that only three councilmen be elected to serve two years, on the days fixed by ordinance; all other elective officers to serve one year and until their successors are elected and qualified, each of whom shall take an appropriate oath, provided by ordinance, before entering upon their respective duties, which oath may be administered by any person authorized to administer oaths under the laws of this State. That the council may appoint or elect such other subordinate officers as may become necessary at any time for the enforcement of the provisions of this charter, or any ordinance passed by said council in pursuance of the rights and powers herein conferred; all of which subordinate officers as may thus be appointed or elected shall be deemed and held to be lawful officers of this State, and of the city of Toccoa. All subordinate officers, or such as are elected or appointed by the mayor or by the council, shall hold their office at the will of the mayor or of the council, each of whom shall take an appropriate oath before entering upon the discharge of their respective duties, and shall give such bonds as the mayor and council shall require. Toccoa. Mayor and councilmen, election of. Officers. Sec. 2. Be it further enacted by the authority aforesaid, That section 17 of the above recited Act be amended by adding after the word final in the fifteenth line of said section the following words: except that any citizen or property owner, not being satisfied with the last assessment placed upon his or her property, shall have the right of an appeal to the council, so that said section as amended shall read as follows: Section 17. Be it further enacted by

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the authority aforesaid, That the city council of said city shall have full power and authority to provide the manner of giving in taxes of said city, to appoint three citizens of said city, who are freeholders thereof, as assessors of real estate in said city, whose duty it shall be to place a just, fair and equitable valuation on all real estate within the corporate limits of the City of Toccoa subject to city taxes, to equalize and adjust the tax returns of all the personal property within said city; the said board of assessors to give to any citizen or property owner an opportunity to appear before them and make objections to the valuation placed by them upon any piece of property, and if in the judgment of said assessors the valuation first fixed was too high, they may change the same, but in all cases the decision of the assessors after the property owner has appeared before them, or had notice to appear before them, shall be final, except that any citizen or property owner not being satisfied with the last assessment placed upon his or her property shall have the right of an appeal to the council. Publication in any newspaper published in said city ten days before the day fixed for hearing complaints shall be deemed sufficient and legal notice under this section. Taxation. Sec. 3. Repeals conflicting laws. Repealing clause. Approved July 22, 1903. WARRENTON, CHARTER AMENDED. No. 332. An Act to amend an Act amending the charter of Warrenton Georgia, approved December 5, 1899, so as to provide for the granting or not granting licenses upon all persons, agents or corporations mentioned in section 11 of said Act, except lawyers and doctors, whether said persons, agents or corporations are now subject to State tax or not, and to provide for tax-assessors, arbitrators and supervisors of tax returns, and to change the penalty which the mayor, and in his absence the clerk of council, may impose from thirty to ninety days in the calaboose or common jail, or labor on the public works, and to confer authority upon the mayor and council to levy a tax on dogs owned and kept in said town not exceeding five dollars, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia,

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That the Act amending the Act incorporating the town of Warrenton, Georgia, approved December 5, 1899, be amended by striking from section 11 thereof the words provided, however, this section shall not apply to any person, agent or corporation which is now subject to the special State law tax, and by inserting in the ninth line of said section between the words proper and not the words except lawyers and doctors, so that said section, when amended, shall read as follows: Section 11. That from and after the passage of this Act the mayor and council may pass such ordinance as to granting or not granting license upon all mercantile, millinery and drug business; livery, feed or sale stable; jack, stallions, standing in said town; wood shops, shoe shops, blacksmith shops, hotel, restaurants, tailors, cotton and cottonseed buyers, auctioneers, horse-swappers, traders, peddlers, harness-makers, guano agents, and each and every other agent, buyer or other such business carried on in said town, as they or a majority of them may deem proper, except lawyers and doctors, not to exceed the sum of fifty dollars ($50) annually. Said tax to be a special tax, and imposed at the option of said mayor and council, or the mayor and a majority of said council. Any person or persons engaged in the aforesaid callings or business without first obtaining license as aforesaid shall be arrested and punished as prescribed in section 17 of this Act. Warrenton. Licenses and specific taxes Sec. 2. Be it further enacted by the authority aforesaid, That the mayor and council of said town of Warrenton, Georgia, during the first week in January of each year, shall appoint from the citizen freeholders of said town three upright and intelligent men whose duty it shall be to assess and return for taxation all of the taxable property owned and held in said town which has not been returned by the owners thereof in the time prescribed by law, or by the ordinances of said town; whose further duty it shall be to arbitrate the differences between the taxpayer and the authorities of said town when there is disagreement between the taxpayer and the authorities as to the value of the property returned for taxation; and whose further duty it shall be to supervise generally the tax returns of the property owners of said town, and whenever in their opinion, or the opinion of a majority of them, any taxpayer has returned his property for taxation too low, they shall have authority to increase the return, and to value said property at its proper taxable value, and the valuation fixed by the supervisors shall be the value upon which the owner of said property shall be taxed. Said assessors or supervisors shall receive two dollars

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per day each for their services, to be paid out of the town treasury on the order of the mayor. Tax-assessors. Sec. 3. Be it further enacted by the authority aforesaid, That section 3 of said Act be amended by striking the words or thirty days in the calaboose or common jail, or labor on the public works not to exceed thirty days and insert in lieu thereof the words or ninety days in the calaboose or common jail, or labor on the public works not to exceed ninety days, so that said section, when amended, shall read as follows: Sec. 3. The mayor, or in his absence the clerk of council, shall have full power and authority, `under such rules and regulations as may be prescribed by ordinance,' to hold a mayor's court for said town for the trial of offenders against the ordinances of said town, and to impose such penalties for each and every violation thereof, not to exceed one hundred dollars, or ninety days in the calaboose or common jail, or labor on the public works not to exceed ninety days, either one or all these penalties, in his discretion, for each offense. Mayor's court. Sec. 4. Be it further enacted by the authority aforesaid, That said mayor and council shall have authority to levy a tax upon all dogs owned and kept in said town, not to exceed five dollars for each dog so kept and owned in said town. Tax on dogs. Sec. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 13, 1903. WAYCROSS, CHARTER AMENDED. No. 279. An Act to amend an Act entitled an Act to incorporate the town of Waycross and granting a new charter to the said town under the name of the city of Waycross, and for other purposes, approved November 1, 1889, by adding after the word mules and before the word or in the third line of section 30 of said Act the word cattle. 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 30 of an Act approved November 1, 1889, entitled an Act to incorporate the town of Waycross and

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granting a new charter to the said town under the name of the city of Waycross, and for other purposes, be, and the same is, hereby amended by adding after the word mules and before the word or in the third line of said section the word cattle, so that said section, when amended, shall read as follows: Section 30. Be it further enacted by the authority aforesaid, That the said mayor and aldermen shall have full power and authority to take up and impound any horses, mules, cattle or hogs running at large within the limits of the said city, and to regulate and control the keeping of dogs in the said city, and to provide for impounding and disposing of the same, and to pass all such ordinances as may be deemed necessary for carrying out the provisions of this section. Waycross. Stock pounds. Sec. 2. Be it further enacted by the authority aforesaid, That the provisions of this Act shall not become operative in said city until ratified by a majority of the qualified voters of said city voting in an election to be held as hereinafter provided; that the mayor and council of said city of Waycross shall call an election to be held in said city on the fourth Saturday in January, 1904, in which the question shall be submitted to the qualified voters of said city of Waycross of Amendment or No amendment; said election to be held at the usual voting precincts of said city and under the same rules and regulations as provided for the election of mayor and council for said city, and after four notices have been given by publication in a newspaper published in said city of Waycross and by posted notice of said election in the three most public places of said city; provided, that the returns of said election should be made to the ordinary of the county of Ware, who, after examining the same and deciding upon all questions which may arise out of said election, shall proclaim the result by notice aforesaid. If the lawful majority in said election is For amendment then the provisions of this Act shall take effect in said city immediately. Election. Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 4, 1903.

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TITLE II. PRIVATE AND BANKING CORPORATIONS. ACTS. Marietta Sewerage Company, rights, easements, etc. Merchants Bank of Valdosta, charter amended. Northeast Georgia Loan and Banking Company, charter amended. Savannah Trust Company, charter amended. Street Railroad Companies authorized to furnish steam heat and power. Presbyterian church in Milledgeville, change of site. Private way in Fannin county. MARIETTA SEWERAGE COMPANY, RIGHTS, EASEMENTS, ETC. No. 230. An Act to authorize the Marietta Sewerage Company, a corporation of Cobb county, Georgia, chartered for the purpose of constructing and operating a system of sewerage in the city of Marietta, in said county of Cobb, to occupy the streets of said city, and to purchase, lease and condemn rights of way and other easements necessary for such purposes, upon the lands of others, by first paying just compensation to the owners of the lands to be affected, 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 Marietta Sewerage Company, a corporation of Cobb county, Georgia, chartered for the purpose of constructing and operating a system of sewerage in Marietta, in said county of Cobb, shall have the

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right to occupy the streets of said city of Marietta, and to purchase, lease or condemn rights of way and other easements upon the lands of others, in order to construct and maintain mains, drains, pipes and other necessary fixtures for the purposes aforesaid, upon first paying just and adequate compensation to the owners of the land to be affected. Marietta Sewerage Company, rights of way, etc. Sec. 2. Be it further enacted, That if said Marietta Sewerage Company does not by contract procure the rights of way, easements, or other interests on properties provided for in the first section of this Act, then it shall have the right to acquire or condemn the same in accordance with, and subject to, the provisions of the Code of Georgia of 1895, from section 4657 to section 4686, inclusive, as embodied in the Act of the General Assembly of this State, approved December 18, 1894, as there prescribed for railroads, telegraph, canal, mining and water-works companies. Condemnation. Sec. 3. Be it further enacted, That the provisions of the preceding sections shall not become operative as to said Marietta Sewerage Company until it shall have first bona fide entered into a contract with the proper authorities of said city of Marietta for the purpose of owning, operating or constructing a system of sewerage in said city, or some part thereof, for the public use; or until said Marietta Sewerage Company shall have received the permission of the proper authorities of said city of Marietta to own, operate or construct such system of sewerage in said city, or some part thereof, for the public use, and shall have agreed with the proper authorities of said city upon what terms and conditions the said Marietta Sewerage Company can use and occupy the streets of said city. Right of condemnation, how exercised. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved July 27, 1903.

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MERCHANTS BANK OF VALDOSTA, CHARTER AMENDED. No. 341. An Act to amend an Act entitled an Act to incorporate The Merchants Bank of Valdosta, Georgia, approved December 26th, 1888, by striking out the word each in the eighth line of section five of said Act, and substituting therefor the words a majority; and by striking out the words a citizen in the eighth line of said section five and substituting therefor the word citizens, and by inserting the words each director shall between the words and and be in the ninth line of said section five of said Act; also by adding the words and one tenth of the amount of its surplus and undivided profits after the words paid in in the sixth line of section six of said Act. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act section five of the above recited Act, and which was also amended by the Acts of 1894, page 137, be, and the same is, hereby amended by striking out the word each in the eighth line of section five of said Act and substituting therefor the words a majority, and by striking out the words a citizen in the eighth line of said section five and substituting therefor the word citizens, and by inserting the words each director shall between the words and and be in the ninth line of said section five of said Act; so that said section five of said Act as amended shall read as follows: Sec. 5. Be it further enacted, That the business and corporate powers of said bank shall be exercised by a board of not less than five nor more than thirteen directors, to be chosen as hereinafter provided, who shall elect from their number a president; may declare by-laws for their government, not inconsistent herewith; fix the number of directors, who shall be a quorum for the transaction of business; the day of meeting of said board, and the salary of its officers. A majority of said directors shall be citizens of this State, and each director shall be owner in his own name of not less than five shares of said stock. Said board shall have power to elect a vice-president and cashier, and such other officers as the interest and business of said bank may require. Merchants Bank of Valdosta. Directors and officers. Sec. 2. Be it further enacted, That section six of the above recited

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Act be, and the same is, hereby amended by adding the words and one tenth of the amount of its surplus and undivided profits after the words paid in in the sixth line of section six of said Act, so that said section as amended shall read as follows: Sec. 6. Be it further enacted, That the total liabilities to said bank, of any person or of any company, corporation or firm (including in the liabilities of the company or firm the liabilities of the several members thereof) shall at no time nor by any construction or device exceed one tenth part of the amount of the capital stock of said bank paid in, and one tenth of the amount of its surplus and undivided profits; but the discount of bills of exchange drawn in good faith and the discount of commercial paper actually owned by the party negotiating the same, and loans payable on demand, and securities convertible in the open market, shall not be considered as any portion of said liabilities, and no director, stockholder or officer of said bank shall, by virtue of such position, holding or office, be entitled to or enjoy any advantage, preference or privilege in the use of the funds of said bank, which might not be otherwise extended to them. Credits. Sec. 3. All laws and parts of laws in conflict with this Act are hereby repealed. Repealing clause. Approved August 13, 1903. NORTHEAST GEORGIA LOAN AND BANKING COMPANY, CHARTER AMENDED. No. 342. An Act to amend an Act to incorporate the Northeast Georgia Loan and Banking Company, to confer certain powers and privileges on the same, and for other purposes, approved September the 29th, 1891, by changing the name of said company to the Citizens Bank of Athens, Georgia, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That the caption or title of said Act be amended by striking the words The Northeast Georgia Loan and Banking Company out of the title or caption of said Act, and in lieu thereof inserting the following words: The Citizens Bank of Athens, Georgia, so that when thus amended the caption or title of said Act shall read as follows: An Act to incorporate the Citizens

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Bank of Athens, Georgia, to confer certain powers and privileges on the same, and for other purposes. Citizens Bank of Athens. Sec. 2. Be it further enacted, That section first of said Act be amended by striking the words The Northeast Georgia Loan and Banking Company wherever it occurs in said section and in lieu thereof insert the following: The Citizens Bank of Athens, Georgia. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 13, 1903. SAVANNAH TRUST COMPANY, CHARTER AMENDED. No. 343. An Act to amend the charter of the Savannah Trust Company (formerly Savannah Trust and Safe Deposit Company), and also to amend an Act to incorporate the Savannah Trust and Safe Deposit Company; to authorize the company to establish a place of safe deposit; to act as executors, testamentary guardians, trustees, receivers, agents; to receive deposits and loan money, and for other purposes, approved September 30, 1879, by authorizing said company to act as administrator or guardian by whomsoever appointed, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That section three of the above recited Act be, and it is, hereby amended by striking from the fourth, fifth and sixth lines of the said section the following words, to wit: but not otherwise; and the ordinaries of this State are authorized to grant letters testamentary to said corporation, when it is duly appointed [Illegible Text] of any will, and by substituting in place of the said words so stricken the following words, to wit: and of administrator, temporary or permanent, of the estate of any deceased person, and of guardian for any minor, lunatic or other person for whom guardians are or may be appointed under the laws of this State, and the ordinaries of this State are authorized to grant to said corporation letters testamentary, when duly appointed executor of any will, and to appoint said corporation as administrator or guardian as aforesaid, and to issue to it letters of administration and letters of guardianship, respectively, in such cases. Said section three of the above recited Act is also amended by inserting in the thirteenth

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line thereof, between the word executor and the word guardian the word administrator. Said section three, when amended as herein indicated, shall read as follows, to wit: Sec. 3. That said corporation shall have power to accept and execute the office and appointment of executor of the last `will and testament of any person, and of guardian when appointed as such by will,' and of administrator, temporary or permanent, of the estate of any deceased person, and of guardian for any minor, lunatic, or `otherperson for whom guardians are or may be appointed under the laws of this State'; and the ordinaries of this State are authorized to grant `to said corporation letters testamentary, when duly appointed executor of any will,' and to appoint said corporation as administrator or guardian as aforesaid, and to issue to it letters of administration and `letters of guardianship, respectively, in such cases.' The said corporation shall have power to accept and execute the office of agent, assignee, receiver or trustee of every kind whatsoever, whether such office or appointment shall be conferred by any person or persons, or by any corporation, or by any court, either of the United States or of this State. The capital stock, property and assets of this company shall be absolutely liable for the faithful management of the estates confided to its care as executor, administrator, guardian or trustee, and the claims of such estates shall have priority over all others, and such capital stock, property and assets shall be considered and accepted as the security intended in all cases where bonds and sureties are required by law, and no other bond or security shall be required for the faithful performance of any duties imposed upon it, when this company shall accept such trusts. That all laws of force in this State, and not contrary to the provisions of this Act, concerning executors, administrators, guardians, trustees, assignees or receivers, shall apply to this company when appointed to such office. And said corporation shall have power to act as fiscal agent for the State of Georgia, or for any corporation or municipality for issuing, registering and countersigning bonds, certificates of stock, and for paying coupons, and when the management of any estate or fund is vested in said company under the provisions of this Act, said company may be sued as to any matter connected therewith in the county in which the appointment was made. And it shall be the duty of the company to have an agent in every such county upon whom service can be effected, and in case they fail to have such agent they may be served by publication as non-resident defendants in equity cases are now served. Savannah Trust Company, fiduciary powers of.

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Sec. 2. Be it further enacted, That the above recited Act of September 30, 1879, as amended by an Act to amend an Act, approved September 30th, 1879, entitled an Act to incorporate the Savannah Trust and Safe Deposit Company; to authorize the company to establish a place of safe deposit; to act as executors, testamentary guardians, trustees, receivers, agents to receive deposits and loan money, and for other purposes, approved December 18, 1901 (the name of said corporation having been changed by said last recited Act to Savannah Trust Company), and as further amended by the provisions of this Act, be, and the same is, hereby re-enacted, renewed and approved. Safe deposit. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 13, 1903. STREET RAILROAD COMPANIES AUTHORIZED TO FURNISH STEAM HEAT AND POWER. No. 236. An Act to authorize street railroad companies to engage in the business of furnishing steam heat or power, and for other purposes. Section 1. The General Assembly of Georgia hereby enacts that all electric street railroad companies now or hereafter incorporated under the laws of this State shall have power, in addition to the powers they now have, to furnish steam for heating and power purposes to any person or corporation within the limits of the counties in which such corporations operate, with power and authority to charge and collect reasonable compensation for the same, and with full power to do any and all things necessary or convenient to carry the power herein conferred into full effect, and to use the streets and public places to lay and maintain their pipes and other appliances for conveying and distributing such steam; provided, that before any of said companies shall be entitled to use of any of the streets of any city in this State the consent of such city shall be obtained. Street railroad companies may furnish steam for heating and power. Sec. 2. That all laws or parts of laws in conflict herewith are hereby repealed. Repealing clause. Approved July 29, 1903.

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PRESBYTERIAN CHURCH IN MILLEDGEVILLE, CHANGE OF SITE. No. 378. An Act providing for an exchange of the present site of the Presbyterian church in Milledgeville, Georgia, located on the old Capitol square, to a more convenient site on said square. Whereas, By an Act of the General Assembly approved December 6, 1822, authorizing all Christian denominations to build upon the State house square houses of worship; and Whereas, In pursuance of said Act the Presbyterian denomination of said city of Milledgeville selected, and entered upon, and built, and now own and occupy their house of worship on said square, the said lot containing one half an acre; and Presbyterian church in Milledgeville. Whereas, The said denomination now wishes to build a more commodious house of worship and desire to change their present site to a place on said square to be agreed upon between the representatives of said church and the local board of trustees of the Georgia Military College; Section 1. Be it enacted, therefore, by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That authority is here given to make an exchange of said site to a site of like area on said square, and when the exchange is agreed to the said local board of trustees are hereby empowered to enter into an agreement with the representatives of said church, allowing said change, and for so long a time as the said lot shall be used for religious purposes. Change of site. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903.

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PRIVATE WAY IN FANNIN COUNTY. No. 348. An Act to repeal an Act approved December 16th, 1901, to erect and maintain public gates by common users of a private way from the residence of Adam Devenport to near the residence of W. G. B. Rodgers, in Fannin county, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act approved December 16th, 1901, authorizing the common users of a private way running from the residence of Adam Davenport to near the residence of W. G. B. Rodgers, in Fannin county, Georgia, be, and the same is, hereby repealed. Private way in Fannin county abolished. Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing clause. Approved August 15, 1903.

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PART IV.RESOLUTIONS.

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Commission on registration of land titles. Joint finance committee, duties of. Commission to report on damage done by smeltering copper at Ducktown. Committee to report on public school system. Committee to report on University of Georgia and its branches. Committee to report on claims against the State by heirs at law of S. J. Sims. Treasurer may transfer surplus fund of pensioners. Colonial, Revolutionary and Confederate records to be printed. Atlanta and Birmingham Railway may cross Western and Atlantic Railroad. Whipping women convicts condemned. Brownlow bill for improvement of highways endorsed. Enrolled copy of House bill No. 601 corrected. Portrait of Ex-Gov. Jas. S. Boynton accepted. State exhibit at the St. Louis Exposition. Indigent widows, appropriation for. Insurance fund, appropriation for. State bank examiner, stenographer for. E. A. Stephens, attorney, appropriation for. For relief of J. K. McAfee, J. R. Grice and W. H. Raley. Committee on lobbying, expenses of. E. R. Black, appropriation for. For relief of W. F. Shurley and his bondsmen. Pages and doorkeepers of Senate, per diem of. For relief of G. S. Duke. Committee on lobbying, stenographer for. Mary E. Flynt, pension of. Jesse E. Butler, pension of. For relief of E. A. Buck. Hansell street, Marietta, closed. Unfinished business of Legislature. Unfinished business of Legislature. Unfinished business of Legislature. COMMISSION ON REGISTRATION OF LAND TITLES. No. 29. Whereas, The registration of land titles is receiving the careful consideration of the Legislatures of many of the States of the Union; and Whereas, His Excellency, Governor Joseph M. Terrell, has seen fit to call the attention of the General Assembly of Georgia to the manifest importance of considering and investigating the various systems proposed for the registration of land titles; now, therefore, be it

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Resolved by the House of Representatives of the General Assembly of Georgia, the Senate concurring, That a commission be appointed to be composed of three members of this House, two members of the Senate and three members of the bar of this State, the last named to be appointed by the Governor, which commission shall be known as the commission on the registration of land titles, and which commission shall be charged with the duty of considering and investigating the registration of land titles, particularly the Torrens system for the registration of land titles; and the said commission shall report to the next session of the General Assembly of Georgia whether a system for the registration of land titles is advisable and practicable for the State of Georgia. Commission on the registration of land titles Resolved further, That no member of said commission shall receive any salary whatever, but the actual expenses of said commission shall be paid out of any funds not otherwise appropriated, upon itemized statements furnished of said expenses by the chairman of said commission. Approved August 5, 1903. JOINT FINANCE COMMITTEE, DUTIES OF. No. 46. Be it resolved by the House of Representatives, the Senate concurring therein, That the joint committee on finance, heretofore appointed by the joint resolution of the House and Senate, are hereby required, in addition to the duties to be performed under section of the Code of Georgia, to make a complete and thorough investigation of the office of Secretary of State, School Commissioner, Commissioner of Agriculture, Prison Commissioners, Executive Department and office of Pension Commissioner, and all the books and accounts required by law to be kept by said officers, and shall examine and thoroughly inquire into all the details of management of said offices, to determine whether or not the laws governing the same have been complied with by the various officers; be it Joint finance committee, duties of. Resolved, That said committee are directed to visit and examine all the State institutions and all of the educational institutions that have been established by law, and for the support of which appropriations are made from the treasury of the State. The said committee are hereby directed to make a thorough and careful examination of the management of all of said institutions, and also the books and accounts of the financial officers of said institutions; be it further Resolved, That for the purpose of making said examination the said committee is hereby authorized and empowered to sit between the sessions of the Legislature; provided, said committee shall not sit for more than forty days; be it further

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Resolved, That for the purpose of making the examinations aforesaid the said committee is authorized and empowered to employ an expert accountant or bookkeeper; be it further Resolved, That each member of said committee shall receive the sum of four dollars per day for each day that said committee is in session, in discharge of the duties herein imposed upon it, and their actual necessary travelling expenses; be it further Resolved, That said committee shall make to the next Legislature a thorough and complete report of the results of their examination of all of said departments and institutions; be it further Resolved, That the Speaker of the House shall add to the committee of the House one additional member. Approved August 17, 1903. COMMISSION TO REPORT ON DAMAGE DONE BY SMELTERING COPPER AT DUCKTOWN. No. 47. Whereas, It has been represented that great and irreparable damage has been, and is being, done to the timber, fruits and agricultural interests in the counties of Murray, Gilmer, Fannin, Union and Towns, in the northern part of the State, through and by the smoke and fumes produced by the smeltering of copper ores at the copper mines in Ducktown and vicinity, in Polk county, State of Tennessee; and Preamble. Whereas, Some steps should be taken looking towards the suppression of this evil; therefore, be it Resolved by the General Assembly of the State of Georgia, That a commission composed of five members, three of whom shall be made up as follows: The Commissioner of Agriculture, State Chemist, State Geologist, and two private citizens, to be named by the Governor of this State, in the locality affected, whose duty it shall be to examine into the facts herein referred to, and that in reasonable time report to the Governor of said State fully as to the damage already done and the damage likely to be done, and such other suggestions as they may deem proper to make in the premises, and that the Governor, on receiving said report, be authorized, as in his judgment to take such steps as shall be deemed proper and necessary to correct this evil and to prevent future damage. Commission on damage done by smeltering copper at Ducktown. Approved August 17, 1903.

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COMMITTEE TO REPORT ON PUBLIC SCHOOL SYSTEM. No. 49. Whereas, There now exists certain grave discrepancies in our present school laws which should be amended or changed, so as to bring our system of public schools to the highest state of efficiency; therefore, be it Resolved, That a committee of three of the Senate and five of the House be appointed a committee to act with the State School Commissioner, to consider this matter and report to the next session of the General Assembly what changes are needed relative thereto. Committee on public school system. Approved August 17, 1903. COMMITTEE TO REPORT ON UNIVERSITY OF GEORGIA AND ITS BRANCHES. No. 53. Be it resolved by the Senate, the House concurring, That a committee of four from the Senate, appointed by the President, and six from the House, appointed by the Speaker, be appointed to visit the University of Georgia and its branches during their commencement exercises of 1904, and to report upon the same; be it further Committee on University of Georgia. Resolved, That the chairman of the committee thus appointed shall appoint sub-committees of three each to visit the different branches of the University. Approved August 17, 1903.

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COMMITTEE TO REPORT ON CLAIMS AGAINST THE STATE OF HEIRS AT LAW OF S. J. SIMS. No. 55. Whereas, In the construction and location of the North Eastern railroad from the city of Athens, in the county of Clarke, to the town of Lula, in the county of Banks, it became necessary to construct the same in part over the land of the estate of one Sherman J. Sims, late of the county of Jackson and State of Georgia, said lands situated in and contiguous to the town of Maysville, in the county of Jackson; and Preamble. Whereas, The said corporation did locate and construct its roadbed and equipments across, over, through and upon the said land, for a distance of 3350 feet in length and 100 feet in width; and Preamble. Whereas, This use on the part of said corporation was under an agreement, contract or understanding with the widow of deceased, that the heirs at law, each and all of them, should be given a pass to ride at any and all times on any and all of the passenger trains of said road in consideration for the use and enjoyment of said strip of land so used and enjoyed by said company as aforesaid; and Preamble. Whereas, When said railroad was taken possession of by his Excellency, W. Y. Atkinson, the Governor of said State, he, in attempting to carry out said agreement with these heirs and in order to get the title to this right of way made to the State, did execute and deliver to each of said heirs a pass (denominated on its face a life pass), and in consideration of said life passes the heirs at law of said Sherman J. Sims, each and all of them sign and deliver to said Governor a deed conveying said strip of land in fee simple, and said life passes were always recognized by the conductors on said road while the State owned and operated the same; and Preamble. Whereas, Since the sale of said railroad by the Governor, and the purchase of the same by the Southern railroad, the same road has refused to honor their passes and to permit them to travel on said railroad without the payment of regular fare; and Preamble. Whereas, The said Southern railroad contends that under its purchase it is not bound in any legal manner to honor these passes or any of them; and Preamble. Whereas, Under the contract entered into between his Excellency, Governor Atkinson, and these heirs at law of Sherman J. Sims, viz.: Mary Porter, Essie L. Sims, R. Bennett Sims, Mrs. Amanda J. Sims, Mrs. Louisa J. Lord, Sherman B. Sims, James M. Sims and John C. Sims, a great wrong will be done these people unless they are in some way compensated for the value of the right of way conveyed by them to the State, or the life passes issued to them by the Governor; and Preamble. Whereas, The State can now do justice and settle this question without loss to itself or injury to any person; be it, therefore,

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Resolved, That a committee of three from the House and two from the Senate be appointed to investigate all the facts connected with this matter, with the power to send for persons and papers, and who shall report the facts to the Legislature at the next session, and with such resolutions and recommendations as will secure to these people their rights and provide the ways and means of its settlement. Claims of heirs at law of S. J. Sims. Approved August 17, 1903. TREASURER MAY TRANSFER SURPLUS FUND OF PENSIONERS. No. 38. Resolved by the General Assembly of the State of Georgia, Should there be a surplus in the treasury of money appropriated at this or any former session, commencing October 1, 1901, or at any future session, to pay a particular class of pensioners, and in another class the appropriation is insufficient, the treasurer be, and he is, hereby authorized and directed to transfer the surplus fund to that class where the appropriation has proven insufficient. After paying all classes of pensioners if there shall still be a surplus of funds appropriated for pensions for any year, the same shall be by the treasurer transferred to the general fund on July 1 of such year. Surplus to credit of one class of pensioners transferred to others. Approved August 15, 1903. COLONIAL, REVOLUTIONARY AND CONFEDERATE RECORDS TO BE PRINTED. No. 51. A Resolution directing the State Printer to print and bind certain public records. Resolved by the Senate, the House concurring, That the State Printer be, and is, hereby directed to print and bind, under the direction of the State Librarian, such public records and documents as may be from time to time compiled and gotten ready for the printer by the compiler of the Colonial, Revolutionary and Confederate Records of this State; the same to be paid for out of the public printing fund, and sold to the public as the Acts of the General Assembly are now sold. Colonial, Revolutionary and Confederate records. Approved August 17, 1903.

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ATLANTA AND BIRMINGHAM RAILWAY MAY CROSS WESTERN AND ATLANTIC RAILROAD. No. 43. A Resolution consenting on the part of the State that the Atlanta and Birmingham Air Line railway make an underpass crossing under the tracks of the Western and Atlantic railroad in Cobb county, Georgia. Be it resolved by the General Assembly of Georgia, That the consent of the State is hereby given to the Atlanta and Birmingham Air Line railway to construct an underpass crossing across the right of way of the Western and Atlantic railroad in Cobb county, Georgia, near the Chattahoochee river, where the rights of way of said two railroads intersect, upon its procuring the right so to do from the lessees of said Western and Atlantic railroad. A. B. Ry. may cross W. A. R. R. Approved August 15, 1903. WHIPPING WOMEN CONVICTS CONDEMNED. No. 52. Resolved, by the Senate of Georgia, the House of Representatives concurring, That we condemn the practice of whipping women convicts, and recommend that the prison commission prescribe some more humane mode of punishment for violating the prison rules. Women convicts, punishment of. Approved August 17, 1903. BROWNLOW BILL FOR IMPROVEMENT OF HIGHWAYS ENDORSED. No. 50. Whereas, The burden of improvement and maintaining our highways according to the general prevailing system in this country rests entirely upon the agricultural lands and people living in rural districts; and Preamble. Whereas, The State-aid plans for constructing highways as practiced in the States of New Jersey, New York, Connecticut and Massachusetts has proven satisfactory in its operation, and has offered a partial solution of the road question, in that it distributes this burden of cost so that one half is paid out of the general fund supplied by the State; and Preamble.

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Whereas, It is desirable to extend this principle of cooperation and distribution of the burden of cost to a still greater extent, so that the government of the United States shall bear a share of the cost of construction, to be paid out of the general revenues of the United States; and Preamble. Whereas, One half of said revenues, aggregating during the last two years $1,000,000 per annum, is derived from the agricultural States and rural districts, while only ten per cent. of the total amount is appropriated by Congress for the use of said agricultural States and districts, while 90 per cent. is appropriated for public buildings and other uses pertaining to great cities; and Preamble. Whereas, Honorable Walter P. Brownlow, member of Congress from Tennessee, has introduced a bill in the House of Representatives providing for a system of national, State and local cooperation in the permanent improvement of the public highways, according to the provision of which the sum of $20,000,000 is appropriated, and the United States government is to pay one half of the cost of improving any public highway when requested so to do by and in cooperation with any State or civil subdivision thereof; therefore, be it Preamble. Resolved by the General Assembly of Georgia, That we hereby heartily endorse said Brownlow bill and recommend its passage by Congress, and we hereby request the representatives from the State of Georgia in Congress and instruct the United States senators from this State to vote for and support said bill. Brownlow bill for improving highways. Approved August 17, 1903. ENROLLED COPY OF HOUSE BILL NO. 601 CORRECTED. No. 34. Whereas, The enrolled copy of House Bill No. 601, being a local bill to grant unto the mayor and aldermen of the city of Savannah certain land in said city adjoining the public building so as to provide a suitable site for a city hall, as signed by the Governor, contains the words as hereinafter defined instead of as hereinbefore defined, which occur in the original bill, and also in the engrossed copy; Savannah, site for city hall. Resolved by the House of Representatives, the Senate concurring, That the Act is made to conform to the original bill and to the engrossed copy. Approved August 13, 1903.

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PORTRAIT OF EX-GOV. JAS. S. BOYNTON ACCEPTED. No. 30. Whereas, Mrs. James S. Boynton has tendered to the State of Georgia, through His Excellency, Gov. J. M. Terrell, a life-size portrait of Ex-Governor James S. Boynton; therefore, be it Ex-Gov. Jas. S. Boynton, portrait of. Resolved by the House of Representatives, the Senate concurring, That as a fitting mark of esteem in which the eminent deceased Georgian is held, that the portrait be accepted, and the Governor be authorized to place the same on the walls of the State capitol. Approved August 7, 1903. STATE EXHIBIT AT THE ST. LOUIS EXPOSITION. No. 48. A Resolution to appropriate the sum of $30,000.00 to the Department of Agriculture of this State, to be expended for the further support and maintenance of said department. Section 1. Be it resolved by the General Assembly of the State of Georgia, That the sum of thirty thousand dollars, or so much thereof as may be necessary, be, and the same is, hereby appropriated to the Department of Agriculture out of any funds not otherwise appropriated, to be expended under the direction of the Governor and the Commissioner of Agriculture, with the assistance of the State Geologist, the Assistant Geologist, the Assistant Commissioner of Agriculture and the State Chemist in collecting and permanently preserving specimens of minerals, granites, clays, kaolin, marble, iron and such other minerals and precious stones as may abound in or are found within this State; to further collect specimens of the field and forest, mills and mines, orchards and vineyards of this State, and such other matters and things pertaining to agriculture as demonstrates the character and the productiveness of the soils of Georgia and illustrating and developing the Agricultural, Horticultural and Geological Departments of this State. Appropriation for Department of Agriculture. Sec. 2. Be it further resolved, That when the specimens aforesaid are collected, it shall be the duty of the State Geologist, the Curator of the State Museum, to take charge of the same and deposit them in the State Museum, as provided in section 3 of the Act approved November 12, 1889, there to be safely kept and displayed, it being the purpose of this resolution to execute the provisions of the Act aforesaid by keeping and maintaining in permanent, attractive and substantial form the agricultural exhibit in the State capitol. State museum.

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Sec 3. Be it further resolved, That the exhibit thus collected may be be carried to the Louisiana Purchase Exposition at St. Louis, Missouri, and to such other points in or beyond this State when in the opinion of the Governor and the Commissioner of Agriculture to do so would be beneficial to the agricultural development of the State; provided, said exhibit shall not be moved unless satisfactory arrangements are first made for its safe carriage and return, and at no expense whatever to the State, except such as may be necessary for the protection and preservation of such exhibit. St Louis Exposition. Sec. 4. Be it further resolved, That the expense incurred in carrying out the purposes of this Resolution, when approved by the Governor and the Commissioner of Agriculture, shall be paid by warrants drawn by the Governor on the treasury of the State. Approved August 17, 1903. INDIGENT WIDOWS, APPROPRIATION FOR. No. 26. Whereas, There is a deficit in the appropriation made for the payment of indigent widows for 1903 of $9,360.00; and Appropriation for Indigent widows. Whereas, There is an excess in the appropriation made for the payment of indigent soldiers of 1903 of $16,100.00; be it Resolved by the House of Representatives and the Senate concurring, That the sum of $9,360.00 be, and is, hereby appropriated for the payment of the indigent widows now on the roll unpaid for 1903, from any funds now in the treasury not otherwise appropriated. Approved July 24, 1903. INSURANCE FUND, APPROPRIATION FOR. No. 27. A Resolution to make appropriation to meet the deficiency in the insurance fund of 1901, and to make the same immediately available. Be it resolved by the General Assembly of the State of Georgia, That the sum of three thousand dollars ($3,000 00), 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 insurance of new public buildings of the State at the State Sanitarium at Milledgeville and the Normal School at Athens, and such other buildings authorized by the General Assembly

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as may be completed before the next meeting of the Legislature, and the bills for said insurance premiums may be paid whenever they are audited and approved by the keeper of public buildings and grounds, and the Governor is hereby authorized to draw his warrant upon the treasury to pay the same when so presented and approved. Appropriation for insurance. Approved July 29, 1903. STATE BANK EXAMINER, STENOGRAPHER FOR. No. 33. A Resolution to authorize the State Bank Examiner to employ a stenographer, and for other purposes. Whereas, The duties imposed by law on the State Bank Examiner have in many important particulars been largely increased, and no provision has been made for the additional labor; it is, therefore, State bank examiner, stenographer for. Resolved by the Senate, the House of Representatives concurring, That the State Bank Examiner is hereby authorized to employ a stenographer to perform clerical work in his office at a cost not to exceed one hundred dollars per month. Approved August 12, 1903. E. A. STEPHENS, ATTORNEY, APPROPRIATION FOR. No. 40. A Resolution to provide for the refunding of a fee of fifty ($50) dollars paid to Secretary of State Cook for a charter for the Bank of Barnesville, to E. A. Stephens, attorney. Whereas, On the first day of April, 1902, a fee of fifty dollars was paid by E. A. Stephens, attorney, to the Secretary of State, on filling with said Secretary of State an application for charter of the Bank of Barnesville, which fee was covered into the treasury by said Secretary of State; and E. A. Stephens, attorney, appropriation for. Whereas, The said Bank of Barnesville was not organized, and a charter was not issued by the Secretary of State to the incorporators of said bank; therefore, be it Resolved by the House of Representatives, the Senate concurring, That the sum of fifty dollars be refunded to the said E. A. Stephens, attorney, and that the Governor be, and he is, hereby authorized to draw his warrant on the treasury in favor of the said E. A. Stephens, attorney, for the amount above stated. Approved August 15, 1903.

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FOR RELIEF OF J. K. McAFEE, J. R. GRICE AND W. H. RALEY. No. 56. A Resolution for the relief of J. K. McAfee, J. R. Grice and W. H. Raley, sureties on the bond of Charlie Harris. Whereas, Charlie Harris was tried and convicted of the offense of assault and battery at the February term, 1902, of the city court of Wrightsville, and during the term and before the adjournment thereof, he filed his motion for a new trial and gave bond in the sum of $300.00, with J. K. McAfee, J. R. Grice and W. H. Raley as his sureties, conditioned upon his appearance after his motion for a new trial was finally disposed of. Said motion having been overruled, he carried his case by writ of error to the Supreme Court of Georgia, and there reversed the lower court. The only question in this case was whether a mother having the custody of her minor daughter had the right to delegate the authority to said Charlie Harris to chastise her in her presence, and there being no dispute in the evidence, the Supreme Court held that Charlie Harris could not be convicted, which judgment of the Supreme Court was final, and notwithstanding said final judgment the bond given in said case was forfeited and final judgment had for $300.00 and cost. The said Charlie Harris since final judgment has surrendered himself to the proper officer of the county of Johnson, and was discharged by the direction of the solicitor of said court; be it, therefore, For relief of J. K. McAfee, J. R. Grice and W. H. Raley. Resolved by the General Assembly of Georgia, That the above named sureties be relieved from payment of the bond in said case and the judgment on the forfeiture, and that the clerk of the said court is hereby authorized and directed to mark the fi. fa. issued upon said rule absolute settled upon payment of the cost of forfeiture by said sureties. Approved August 17, 1903. COMMITTEE ON LOBBYING, EXPENSES OF. No. 45. Resolved by the House of Representatives, the Senate concurring, That the sum of two hundred and fifty dollars, or so much thereof as may be necessary, be appropriated for payment of the stenographic expenses and such other expenses as may be incurred in pursuance of authority conferred by the joint resolution establishing the committee to investigate lobbying, any payment to be made by warrant drawn by the Governor from any funds not otherwise appropriated. Committee on lobbying, expenses of. Approved August 14, 1903.

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E. R. BLACK, APPROPRIATION FOR. No. 44. A Resolution to pay E. R. Black certain compensation, and for other purposes. Whereas, Under the direction of the Comptroller-General of the State of Georgia, E. R. Black, solicitor of the criminal court of Atlanta, instituted proceedings in the State courts for collection of taxes due the State by the various packing-houses doing business therein; and E. R. Black, appropriation for. Whereas, Said taxes were collected by E. R. Black, solicitor, through such proceedings and paid into the State treasury; and Whereas, The collection of said taxes involved the successful prosecution of litigation in the city court of Atlanta, and the appearance of said E. R. Black, solicitor, twice before the supreme court of Georgia, which court has handed down a decision sustaining the position of the State; and, Whereas, The State of Georgia is due E. R. Black, solicitor, the fees prescribed by law in such cases for bringing said taxes in to the State treasury; Resolved, That the Governor is hereby authorized and directed to draw his warrant upon the State treasury in favor of E. R. Black, solicitor, to cover such fees due him as prescribed by law. Approved August 15, 1903. FOR RELIEF OF W. F. SHURLEY AND HIS BONDSMEN. No. 42. Whereas, W. F. Shurley was on the 15th day of February, 1902, treasurer of the county of Warren; and For relief of W. F. Shurley and his bondsmen. Whereas, The said treasurer had on deposit in the Bank of Warrenton twenty-seven hundred and thirty-five dollars belonging to the county of Warren; and Whereas, The said bank did on the 15th day of February, 1902, make a deed of assignment for the benefit of its creditors, and did fail to pay the depositors the amount due them on deposits; and Whereas, The said bank was and had been used by all former county officers as a depository for the funds of the county since its establishment; and Whereas, After the failure of the said bank the citizens and taxpayers of the county filed with the commissioners of said county a petition asking that said treasurer and his bondsmen, to wit: W. E. English, J. R. Pate, W. S. Ivey, H. A. Holliman and E. T. Shurley, be relieved from the payment of the said sum of money so lost; and

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Whereas, Under the existing law the commissioners of said county had not the power to legally release said treasurer and his said bondsmen from liability upon the same; and Whereas, The said treasurer did exercise all proper care and diligence in the protection and care of the funds of said county of Warren; now, therefore, be it Resolved by the House of Representatives of Georgia, and the Senate concurring therein, That the said W. F. Shurley, treasurer of the county of Warren, and his bondsmen, to wit: W. E. English, Jno. R. Pate, W. S. Ivey, H. A. Holliman and E. T. Shurley, be, and are, hereby released from liability upon said bond, and relieved from the payment of the said sum of money so lost by the failure of the Bank of Warrenton. Approved August 15, 1903. PAGES AND DOORKEEPERS OF SENATE, PER DIEM OF No. 37. Whereas, The general appropriation bill made provision for only three pages for the Senate; and Whereas, It was found necessary in order to dispatch the business of the Senate that three other pages should be added, making necessary, as heretofore, the employment of six pages and two additional doorkeepers; and Pages and doorkeepers of Senate, per diem of. Whereas, Service has been rendered by the said three pages and the doorkeepers during this session; therefore, be it Resolved by the General Assembly, That the auditing committee is hereby directed and empowered to pass upon and approve for payment as expenses incident to the Senate the usual per diem, to wit: Two dollars per day for the pages and four dollars for the assistant doorkeepers for the Senate. Approved August 15, 1903. FOR RELIEF OF G. S. DUKE. No. 35. It appearing that G. S. Duke, of Jackson county, was engaged in the manufacture of corn whisky under government license for the years 1898 and 1899, not knowing that the State of Georgia had imposed a tax on said business; For relief of G. S. Duke. And it further appearing that the tax-collector of said county did not require the said G. S. Duke to pay said tax, and that upon investigation and inquiry made, he was informed that he was not liable to the State for any taxes by reason of engaging in said

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business, and for the year 1898 the tax-collector was not instructed to collect any taxes on said business; And it further appearing that after the said G. S. Duke was made aware in January, 1899, after he had been manufacturing but two weeks that he was liable for said tax, he immediately ceased to conduct said business, and that he would not have engaged in said business at all, being a small distillery, but for the fact that he was informed and was under the belief that he was not liable for the tax; therefore, be it Resolved by the House of Representatives, the Senate concurring, That said G. S. Duke be, and he is, hereby relieved from the payment of said taxes for the years 1898 and 1899, and that upon payment by him of the costs due the officers of the court in said cases, he be discharged from all liability therefor. Approved August 13, 1903. COMMITTEE ON LOBBYING, STENOGRAPHER FOR. No. 31. Whereas, The joint resolution (No. 53) appointing a committee of three from the Senate and five from the House to investigate and report upon charges of lobbying does not provide a stenographer for said committee, be it Committee on lobbying, stenographer for. Resolved by the House of Representatives, the Senate concurring, That said joint committee be, and they are, hereby empowered to employ a stenographer to report the evidence before them. Approved August 7, 1903. MARY E. FLYNT, PENSION OF. No. 28. A Resolution for the relief of Mrs. Mary E. Flynt, widow of W. L. Flynt, of Butts county, deceased. Whereas, Mrs. Mary E. Flynt, widow of W. L. Flynt, of Butts county, now deceased, was, in the year 1899, upon a regular application, and on proof, placed upon the pension rolls in the office of the Commissioner of Pensions of this State, under the law providing for pensions for the widows of deceased Confederate soldiers, and as such widow did receive a pension for the year 1899; and For relief of Mrs. Mary E. Flynt. Whereas, The pension duly allowed her as aforesaid was withheld from the said Mrs. Mary E. Flynt during the years 1900, 1901 and 1902 because of absence from the State, which said absence was due to the fact that she was upon a visit to her daughter and other relations in Marshall county, Alabama, but without any intention of changing her domicile from Georgia to Alabama, she being detained in the latter State by a very protracted spell of illness

Page 704

which rendered her too weak and feeble to return to Georgia or to attend to business; and Whereas, The said Mary E. Flynt has now returned to her home in Butts county, Georgia, and has never changed her domicile from Georgia, but has been a bona fide resident thereof, though absent therefrom for a considerable time for reasons before stated, therefore, be it Resolved by the House of Representatives, the Senate concurring, That the Governor be, and he is, hereby authorized to draw his warrant on the Treasurer in favor of said Mary E. Flynt for one hundred and eighty dollars, that is, sixty dollars per year for the years 1900, 1901 and 1902, and the said sum of one hundred and eighty dollars is hereby appropriated for the payment of the same. Approved August 5, 1903. JESSE E. BUTLER, PENSION OF. No. 25. A Resolution to pay the pension of Jesse E. Butler, of Ware county, to his widow. Whereas, In the fall of 1901, Jesse E. Butler, of the county of Ware, applied for a pension as an indigent Confederate soldier; and Jesse E. Butler, pension of. Whereas, The application was approved by the Commissioner of Pensions, but his written approval was not endorsed thereon until after the death of the said Butler, which occurred January 5, 1901, who left a widow who is still in life; therefore, be it Resolved by the House, the Senate concurring, That the sum of sixty dollars ($60.00) be, and the same is, hereby appropriated with which to pay to the said widow the pension due the said husband, Jesse E. Butler, and that the proper officials of this State be directed to pay said sum to his said widow. Approved July 16, 1903. FOR RELIEF OF E. A. BUCK. No. 24. Whereas, E. A. Buck, of the county of Berrien, did, on the 26th day of March, 1901, become security on the bail-bond of J. C. Jernigan, for his appearance at the March term, 1901, of the superior court of Coffee county to answer to an indictment for the offense of an assault with intent to murder; and For relief of E. A. Buck. Whereas, At the October term, 1901, said Jernigan failed to appear in compliance with the terms and conditions of said bond, and thereupon a rule nisi was issued; and

Page 705

Whereas, At the March term, 1902, a judgment was obtained against the said Buck for $1,000.00 on said forfeiture; and Whereas, The said Buck at his own expense arrested the said Jernigan, and on the 11th day of April, 1902, delivered him to the sheriff of Coffee county; and Whereas, At the October term, 1902, said Jernigan was tried on said indictment and a verdict of not guilty was rendered by the jury trying same; be it, therefore, Resolved by the General Assembly of the State of Georgia, That the said E. A. Buck be, and he is, hereby relieved of any and all further liability on said bond, and the judgment and execution based on said forfeiture is hereby declared to be null and void and of no effect so far as the said E. A. Buck is concerned, and the clerk of the superior court of Coffee county is authorized and instructed to mark same satisfied so far as the said Buck is concerned; provided, the security on the bond shall not be relieved from the court costs arising from the forfeiture of the bond. Approved July 16, 1903. HANSELL STREET, MARIETTA, CLOSED. No. 32. A Resolution to ratify the action of the mayor and council of the city of Marietta in authorizing Hansell street to be closed from the Western and Atlanta Railroad west to Denmead street, a distance of some two hundred feet or more, and to quiet the title of the Marietta Paper Mills to the strip of ground formerly used as said street between said points, and to authorize the mayor and council of the city of Marrietta to close up and deed to the adjoining landowners said Hansell street from said Western and Atlantic Railway east to Church street, a distance of about two hundred and ten feet, said street being between thirty-five and forty feet wide, and for other purposes. Whereas, Hansell street, in the city of Marietta, Cobb county, Georgia, from the Western and Atlantic Railroad west to Denmead street, a distance of some two hundred feet or more, has been abandoned by the public for eight or ten years past, and the mayor and council of the city of Marietta have heretofore passed a resolution authorizing the closing of said street from said railroad company west to said Denmead street, and said street has been and is now closed; and Preamble. Whereas, Said street has been abandoned by the city of Marietta from the Western and Atlantic Railroad to Church street, a distance of about two hundred and ten feet, and said street has not been worked or cared for by the mayor and council of the city of Marietta; and Preamble.

Page 706

Whereas, The General Assembly has heretofore authorized the filling of the culvert under said railroad, which served as the connection of said street from the east side of said railroad to the west side, and said culvert has been so filled by said railroad, and it is no longer possible to pass through said street from the east side of said railroad to the west side thereof; and Preamble. Whereas, Said portion of said street west of said railroad company to Denmead street is located entirely within the premises of the Marietta Paper Mills and is now enclosed therein; and Preamble. Whereas, Said Hansell street from the east side of the right of way of the Western and Atlanta Railroad to Church street has been abandoned by the mayor and council of said city of Marietta, and has not been worked and kept in repair by them or their authority; therefore, be it Preamble. Resolved by the House of Representatives, the Senate concurring, That the action of the mayor and council of the city of Marietta in authorizing Hansell street to be closed from the Western and Atlantic Railroad to Denmead street, a distance of two hundred feet or more, be, and the same is, hereby ratified and confirmed, and the title thereto from the right of way of the Western and Atlantic Railroad Company west to Denmead street is vested in the said Marietta Paper Mills with the right to use, improve and enjoy the same forever. That the mayor and council of the city of Marietta be, and they are, hereby authorized to deed said Hansell street from the east side of the right of way of said Western and Atlanta Railway to Church street, a distance of two hundred and ten feet, the same being between thirty-five and forty feet wide to the adjoining landowners; that is, they are authorized and empowered to deed the north half of said street to the landowners adjoining said street on the north, and the south half of said street to the landowners adjoining said street on the south of same, for such consideration as they may deem just and proper, or without consideration if they see proper. This authority being granted said mayor and council to close up said Hansell street east of the Western and Atlantic Railway to Church street, at a called or regular meeting, with or without advertising their intention to close the same by a majority vote of said mayor and council; the street herein referred to as Hansell street being the same street that is sometimes called McClelland street. Hansell street in Marietta, authority to close. Approved August 10, 1903. UNFINISHED BUSINESS OF LEGISLATURE. No. 39. 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

Page 707

remain at the capitol five days after the adjournment of the General Assembly for the purpose of fixing their official signatures to all bills and resolutions passed previous to said adjournment, and that they be allowed their per diem for said time. Unfinished business of legislature. Resolved further, That the chairmen, respectively, of the enrollment and auditing committees of the House and Senate, together with four members of the House and Senate enrolling committees and two members of the House and Senate auditing committees, to be designated by the chairmen thereof, be, and they are, hereby authorized to remain at the capitol for five days after the adjournment of the General Assembly, for the purpose of bringing up the unfinished business of the session, and that they be allowed their per diem for said time; that the postmistress of the House be, and she is, hereby authorized to remain at the capitol for five days after adjournment of the General Assembly for the purpose of distributing and forwarding the members' mail, and that she be allowed her per diem for said time. Resolved further, That two porters of the House and one porter of the Senate be, and they are, hereby authorized to remain at the capitol for five days after the adjournment of the General Assembly, and that they be allowed their per diem for said time. Approved August 15, 1903. UNFINISHED BUSINESS OF LEGISLATURE. No. 41. Resolved by the House, 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 each member of the General Assembly a statement showing the unfinished business of the session at the time of adjournment, and the status of each pending bill and Resolution. Unfinished business of legislature. Approved August 15, 1903. UNFINISHED BUSINESS OF LEGISLATURE. No. 36. Resolved by the House, the Senate concurring, That all bills and Resolutions, both of the House and Senate, which are not finally acted on at the present session, shall go over to the next annual session of the General Assembly as unfinished business. Unfinished business of legislature. Approved August 15, 1903.

Page 709

INDEX. A ACWORTH Charter amended 413 ADJUTANT-GENERAL Qualifications of 107 ALTERNATIVE ROAD LAW How suspended 26 AMERICUS, CITY COURT OF Act creating amended 114 AMITY SCHOOL DISTRICT In Lincoln county incorporated 191 APPLING COUNTY Board of road commissioners for 318 APPROPRIATIONS For roster of Confederate soldiers, sailors and marines 7 For Soldiers' Home 9 For State Sanitarium 10 For Georgia School for Deaf 11 For Georgia Reports, Colonial and Confederate records 12 For Colonial and Revolutionary records 13 For Winnie Davis Memorial Hall 13 For Department of Agriculture 697 For indigent widows 698 For insurance 698 For E. A. Stephens, attorney 699 For Committee on Lobbying 700 For E. R. Black 701 For pages and doorkeepers 702 To pay pension to Mary E. Flynt 703 To pay pension of Jesse E. Butler 704

Page 710

ARLINGTON Public school system for 194 ARMENA, TOWN OF Incorporated 421 ATLANTA Charter amended 424 ATLANTA BIRMINGHAM RY. May cross W. A. railroad 695 AUGUSTA Charter amended 425 Charter amended 428 Charter amended 429 Charter amended 430 B BACONTON, TOWN OF Incorporated 432 BAINBRIDGE, CITY COURT OF Act creating amended 121 BALL GROUND Charter amended 438 BANKS Directors for, number of 34 BANKS COUNTY SUPERIOR COURT Terms of 48 BARNESVILLE, CITY COURT OF Act creating amended 121

Page 711

BARNEY, TOWN OF Incorporated 440 BARTOW COUNTY Protection of fish in waters of 390 BARWICK, TOWN OF Incorporated 447 BAXLEY, CITY COURT OF Act creating amended 122 BELOIT, TOWN OF Incorporated 453 BIBB COUNTY Road tax, ad valorem and capitation 321 Work of chain-gang in Macon 390 BIRDS Protection of 98 BLAKELY Charter amended 456 BONDS Tax to pay 20 Official, cost of 75 BOSTON Charter amended 457 BOWMAN, PUBLIC SCHOOL DISTRICT Established 199

Page 712

BOYKIN, TOWN OF Incorporated 458 BOYNTON, HON. J.S. Portrait of 697 BRIDGES On county lines, how maintained 28 BRONWOOD SCHOOL DISTRICT In Terrell county incorporated 200 BROWNLOW BILL For improvement of highways endorsed 695 BROOKS COUNTY License fee for retailing liquor 358 BRONWOOD Charter amended 461 BRUNSWICK Charter amended 463 City court of, Act creating amended 123 BUFORD Charter amended 463 BYRON, TOWN OF New charter for 471 BUCK, A. E. Released as bondsman 704 BUENA VISTA DISPENSARY Act establishing amended 359

Page 713

BULLOCH COUNTY Board of county commissioners for 322 County court of abolished 187 C CAIRO Charter amended 484 CAMDEN COUNTY Sheriff of, salary of 392 Commissioners of roads and revenues 324 CAMILLA Public school system for established 204 CANON PUBLIC SCHOOL DISTRICT In Franklin and Hart counties established 210 CARROLL COUNTY Drainage of 392 Road commissioners 327 Board of commissioners for created 329 CENTRALHATCHEE, TOWN OF Incorporated 487 CHARLTON COUNTY Board of commissioners 331 CHATHAM COUNTY Deputy jailor, salary of 396 CHATTAHOOCHEE COUNTY Superior court, terms of 49 CHIPLEY Charter amended 489

Page 714

CITY COURT OF Americus, Act creating amended 114 Bainbridge, Act creating amended 119 Barnesville, Act creating amended 121 Baxley, Act creating amended 122 Brunswick, Act creating amended 123 Clarkesville, Act creating repealed 124 Dawson, Act creating amended 125 Early county, Act creating amended 127 Early county, Act creating amended 128 Forsyth abolished 130 Greenville, Act creating amended 131 Hall county, Act creating amended 133 Hamilton, Act creating made operative 135 Hamilton, Act creating amended 136 Jefferson abolished 137 Jefferson established 138 LaGrange, judge and solicitor, election of 149 Moultrie, Act creating amended 150 Mount Vernon, Act creating repealed 151 Savannah, powers of enlarged 152 Statesboro created 153 Swainsboro, Act creating amended 165 Sylvania, Act creating amended 167 Washington, Act creating amended 169 Waycross, Act creating amended 171 Waynesboro established 174 COUNTY COURT OF Bulloch abolished 187 Macon, clerk of 187 Oconee, solicitor, fees of 189 CLAIMS FOR AND AGAINST THE STATE How settled 86 CLARKESVILLE, CITY COURT OF Act creating repealed 124 CLAYTON COUNTY Drainage of 394

Page 715

CODE AMENDMENTS Volume 1 Section 233Official coincident with fiscal year 25 Section 583Alternative road law 26 Section 610Bridges, etc., on county lines 28 Section 982State depositories 28 Section 982State depository in Calhoun 29 Section 982State depository in Jesup 30 Section 983State depository in Lavonia 30 Section 983State depository in Lavonia 31 Section 985Bonds of State depositories 32 Section 1378Admission to common schools 33 Volume 2 Section 1908Banks, directors of 34 Section 2166Railroads, corporate powers of, etc. 34 Section 2171Railroads, relocation of lines 36 Section 2180Electric street suburban railways 38 Section 4082Justices of the peace, fees of 40 Section 4793Partition of land and sale of 40 Section 4868Mandamus to require work on roads 41 Volume 3 Section 151Robbery, definition of 43 Section 221Posting lands and registration of same 44 Section 453Vagrancy, definition and punishment 46 COFFEE COUNTY Dispensaries for 362 COLONIAL AND REVOLUTIONARY RECORDS Copies of 13 COLONIAL, REVOLUTIONARY AND CONFEDERATE RECORDS Publication of 12 COLQUITT DISPENSARY Act establishing amended 365

Page 716

COMMISSION On registration of land titles 659 COMMISSION On damages from smeltering at Ducktown 691 COMMITTEES ON Public school system 692 University of Georgia 692 Claims of heirs at law of S. J. Sims 693 Lobbying, stenographer for 703 COMMON SCHOOLS Curriculum for 64 COMMISSIONER OF PENSIONS Duties of 85 COMMUTATION TAX In lieu of road work 103 In lieu of road work 106 COMPILER Of Colonial, Revolutionary and Confederate Records 693 CONCORD SCHOOL DISTRICT In Pike county incorporated 213 CONFEDERATE MEMORIAL BOARD Created 108 CONSTITUTION Amendment to limit taxation 21 Amendment to local taxation for schools 23 CONTRACTS FOR SERVICE Procuring money on 90

Page 717

CONVICTS Disposition of 65 Whipping women 695 Insane, disposition of 77 CORDELE Charter amended 491 CROPPERS AND TENANTS Employment of 91 CUSSETA School buildings for 217 D DADE COUNTY Board of commissioners abolished 332 DAVENPORT, ADAM Private way of 686 DAVISBORO, TOWN OF New charter for 491 DAWSON, CITY COURT OF Act creating amended 125 DAWSON COUNTY Drainage of 397 DAYS OF GRACE Abolished 84

Page 718

DECATUR Charter amended 504 Charter amended 506 Charter amended 508 DEPARTMENT OF HEALTH Created 72 DOLES SCHOOL DISTRICT In Worth county created 219 DOOLING SCHOOL DISTRICT In Dooly county incorporated 224 DOUGLAS Charter amended 509 DOUGLAS COUNTY Board of commissioners, powers of 332 DUCKTOWN Smeltering copper at, damages from 691 DUKE, G. S. Relieved of certain taxes 703 E EARLY COUNTY, CITY COURT OF Act establishing amended 127 Act establishing amended 128 EAST ELLIJAY, TOWN OF Incorporated 510

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EAST ROME Charter amended 514 EDGEWOOD Charter amended 514 EDUCATION Amity school district in Loncoln county incorporated 191 Arlington, public school system for established 194 Bowman public school district established 199 Bronwood school district in Terrell county incorporated 200 Camilla, public school system for established 204 Canon public school district in Franklin and Hart counties established 210 Concord school district in Pike county incorporated 213 Cusseta, school buildings for 217 Doles school district in Worth county created 219 Dooling school district in Dooly county incorporated 224 Elizabeth school district in Cobb county incorporated 228 Fillyaw's school district in Worth county established 232 Fort Valley, school buildings for 237 Franklin school district in Heard county incorporated 239 Hazlehurst, public school system amended 243 Kensington school district in Walker county incorporated 244 LaGrange, public school system amended 247 Lawrenceville, public school system amended 248 Lenard school district in Cobb county incorporated 249 Maysville, board of education for 252 Milner school district in Pike county incorporated 253 Mount Vernon school district in Dooly county incorporated 258 Mount Zion school district in Cobb county incorporated 261 Oak Grove school district in Dooly county incorporated 265 Oakland school district in Dooly county incorporated 270 Olive Springs school district in Cobb county incorporated 273 Parrott school district in Terrell county incorporated 278 Pierce county, public school system for established 281 Pierce county, school buildings for 285 Pineview school district in Wilcox county incorporated 287 Pleasant Valley school district in Dooly county incorporated 291 Sasser school district in Terrell county incorporated 294 Smyrna school district in Cobb county incorporated 297 Snow school district in Dooly county incorporated 302 Sylvania, public school system for abolished 305 Upshaw school district in Cobb county, Act incorporating amended 306 Wadley public school system amended 310 Waresboro school district in Ware county incorporated 313

Page 720

ELIZABETH SCHOOL DISTRICT In Cobb county incorporated 228 F FAYETTE COUNTY Protection of fish in waters of 398 FERTILIZERS, SALES IN BULK How made 94 FILLYAW'S SCHOOL DISTRICT In Worth county established 232 FINANCE Joint committee on, duties of 690 FISCAL YEAR Official, made coincident with 25 FISH AND GAME Protection of 100 FLOWERY BRANCH, TOWN OF New charter for 516 FORSYTH, CITY COURT OF Abolished 130 FORT VALLEY School buildings for 237 FRANCHISE TAX Counties and municipalities 18

Page 721

FRANKLIN SCHOOL DISTRICT In Heard county incorporated 239 G GAINESVILLE Land in, ceded for government building 406 Charter amended 524 GAME AND FISH Protection of 100 GEORGIA SOLDIER ROSTER Commission for 7 GEORGETOWN Charter amended 527 GLASCOCK COUNTY Board of commissioners abolished 337 GLYNN COUNTY Sale of slaughtered stock, etc 399 GREENSBORO Charter amended 527 GREENVILLE, CITY COURT OF Act establishing amended 131 GRICE, J. R. For relief of 700 GRIFFIN Charter amended 528

Page 722

H HALL COUNTY, CITY COURT OF Act establishing amended 133 Board of commissioners, election of 338 Protection of fish in waters of 400 HAMILTON Charter amended 530 City court of, Act establishing amended 135 City court of, Act establishing amended 136 HART COUNTY Manufacture of liquor in 368 HAWKINSVILLE Charter amended 531 HAZLEHURST Public school system amended 243 HEALTH Department of created 72 HIGGSTON, TOWN OF New charter for 531 HIGH SHOALS Charter amended 540 HOGANSVILLE DISPENSARY Act establishing amended 369 HOGS Running at large 97

Page 723

I ILLUMINATING OILS How tested 95 INSANITY OF CONVICTED FELONS Trials 77 IRWIN COUNTY Dispensaries authorized 370 ISABELLA, CITY OF Incorporating 541 J JACKSON COUNTY Board of commissioners, organization, etc 339 JEFFERSON, CITY COURT OF Abolished 137 Established 138 JEFFERSONVILLE Charter amended 544 JOINT COMMITTEE ON FINANCE Duties of 690 JURORS Qualifications of 83 JUSTICES OF THE PEACE Fees of 40

Page 724

K KENSINGTON SCHOOL DISTRICT In Walker county incorporated 244 KINGWOOD, TOWN OF Incorporated 546 KITE Charter amended 549 L LaFAYETTE, CITY OF New charter for 549 LaGRANGE, CITY COURT OF Judge and solicitor, election of 149 Public school system of, amended 247 LAND Partition and sale of 40 Posting and registration 44 LAND TITLES Commission on registration of 689 LAWRENCEVILLE Public school system of amended 248 LEE COUNTY DISPENSARIES Act establishing amended 374 LENARD SCHOOL DISTRICT In Cobb county incorporated 249

Page 725

LIBERTY COUNTY SUPERIOR COURT Terms of 50 LIQUOR Sale of on Sunday 96 LITHONIA Registration of voters 566 LYONS Charter amended 568 Charter amended 568 Charter amended 579 M MACON COUNTY Clerk of county court 187 MADISON Water-works and sewerage 582 MANSFIELD Town of incorporated 584 MANUFACTURING PLANTS ON COUNTY LINES Taxation of 15 MARIETTA Hansell street closed 705 MARIETTA SEWERAGE COMPANY Rights, easements, etc 678

Page 726

McAFEE, J. K. Relief of 700 MAYSVILLE Board of education for 252 MEIGS Charter amended 586 Charter amended 587 MENLO, TOWN OF Incorporated 588 MERCHANDISE, SALES OF IN BULK How made 92 MERCHANTS BANK OF VALDOSTA Charter amended 680 METCALF Charter amended 594 METTER, TOWN OF Incorporated 596 MILNER SCHOOL DISTRICT In Pike county incorporated 253 MONROE COUNTY Board of commissioners created 342 MONTEZUMA Charter amended 601 MORGAN COUNTY Drainage of 401

Page 727

MORVEN Charter amended 602 MOUNT VERNON City court of, Act establishing amended 151 MOUNT VERNON SCHOOL DISTRICT In Dooly county incorporated 258 MOUNT ZION SCHOOL DISTRICT In Cobb county incorporated 261 MOULTRIE, CITY COURT OF Act establishing amended 150 MUNICIPAL CORPORATIONS Acworth, charter amended 413 Armena, town of incorporated 421 Atlanta, charter amended 424 Augusta, charter amended 425 Augusta, charter amended 428 Augusta, charter amended 429 Augusta, charter amended 430 Baconton, town of incorporated 432 Ball Ground, charter amended 438 Barney, town of incorporated 440 Barwick, town of incorporated 447 Beloit, town of incorporated 453 Blakely, charter amended 456 Boston, charter amended 457 Boykin, town of incorporated 458 Bronwood, charter amended 461 Brunswick, charter amended 463 Buford, charter amended 463 Byron, town of, new charter for 471 Cairo, charter amended 484 Centralhatchee, town of incorporated 487 Chipley, charter amended 489 Cordele, charter amended 491 Davisboro, town of, new charter for 491 Decatur, charter amended 504

Page 728

Decatur, charter amended 506 Decatur, charter amended 508 Douglas, charter amended 509 East Ellijay, town of incorporated 510 East Rome, charter amended 514 Edgewood, charter amended 514 Flowery Branch, new charter for town of 516 Gainesville, charter amended 524 Georgetown, charter amended 527 Greensboro, charter amended 527 Griffin, charter amended 528 Hamilton, charter amended 530 Hawkinsville, charter amended 531 Higgston, new charter for town of 531 High Shoals, charter amended 540 Isabella, city of incorporated 541 Jeffersonville, charter amended 544 Kingwood, town of incorporated 546 Kite, charter amended 549 Lafayette, city of, new charter for 549 Lithonia, registration of voters 566 Lyons, charter amended 568 Macon, charter amended 568 Macon, charter amended 579 Madison, water-works and sewerage 582 Mansfield, town of incorporated 584 Meigs, charter amended 586 Meigs, charter amended 587 Menlo, town of incorporated 588 Metcalf, charter amended 594 Metter, town of incorporated 596 Montezuma, charter amended 601 Morven, charter amended 602 Mystic, town of incorporated 604 Nichols, new charter for town of 615 Norwood, charter amended 637 Nunez, town of incorporated 638 Oakwood, town of incorporated 642 Palmetto, town of, new charter for 645 Parrott, charter amended 654 Plainville, town of incorporated 655 Roswell authorized to issue bonds 658 Sand Hill, town of incorporated 660 Savannah, salary of aldermen 665 Savannah, land for public buildings 666

Page 729

Sharon, charter amended 667 Spread, town of incorporated 668 Tennille, charter amended 671 Toccoa, charter amended 672 Warrenton, charter amended 674 Waycross, charter amended 676 MYSTIC, TOWN OF Incorporated 604 N NAVAL STORES AND TURPENTINE Adulterations 77 NICHOLS, TOWN OF New charter for 615 NORTHEAST GEORGIA LOAN AND BANKING CO. Charter amended 681 NORWOOD Charter amended 637 NUNEZ, TOWN OF Incorporated 638 O OAK GROVE SCHOOL DISTRICT In Dooly county incorporated 265 OAKLAND SCHOOL DISTRICT In Dooly county incorporated 270

Page 730

OAKWOOD, TOWN OF Incorporated 642 OCONEE, COUNTY COURT OF Solicitor, fees of 189 OCONEE CIRCUIT, SUPERIOR COURTS OF Terms of 51 OFFICIAL BONDS Cost of 75 OILS, ILLUMINATING How tested 95 OLIVE SPRINGS SCHOOL DISTRICT In Cobb county incorporated 273 ORDINARIES Duties of 85 P PALMETTO, TOWN OF New charter for 645 PARROTT Charter amended 654 PARROTT SCHOOL DISTRICT In Terrell county incorporated 278 PARTITION OF LAND For sale 40

Page 731

PENITENTIARY Protection of officers 71 PENSIONERS Record of by ordinaries 85 Surplus to credit of one class transferred 693 PIERCE COUNTY Public school system for established 281 School buildings for 285 PINEVIEW SCHOOL DISTRICT In Wilcox county incorporated 287 PLAINVILLE, TOWN OF Incorporated 655 PLEASANT VALLEY SCHOOL DISTRICT In Dooly county incorporated 291 PRESBYTERIAN CHURCH IN MILLEDGEVILLE Change of site 685 PRISON COMMISSION Disposition of convicts 65 PRIVATE WAY IN FANNIN COUNTY From residence of Davenport 686 PUBLIC SCHOOL SYSTEM Committee on 692 PUBLIC SCHOOLS Local taxation for 23 Curriculum of 64 PUBLIC SCHOOL FUND Distribution of 65

Page 732

PULASKI COUNTY Board of commissioners, election, etc 345 Dispensaries, Act establishing amended 376 R RAILROADS Corporate powers of 34 Location of lines 36 Electric street suburban 38 RALEY, W. H. Relief of 700 RANDOLPH COUNTY Board of commissioners for created 346 REGISTRATION OF LAND TITLES Commission on 689 ROAD LAWS Amended 103 Amended 106 Amended 41 ROBBERY Defined 43 ROSWELL Authorized to issue bonds 658 S SALE OF GOODS IN BULK How made 92

Page 733

SALE OF FERTILIZERS IN BULK How made 94 SAND HILL, TOWN OF Incorporated 660 SASSER SCHOOL DISTRICT In Terrell county incorporated 294 SAVANNAH Salary of aldermen 665 Land for public buildings 666 City court of, powers of enlarged 152 Site for city hall 697 SAVANNAH TRUST COMPANY Charter amended 682 SCHOOLS, COMMON Admission to 33 Curriculum of 64 SCHOOL FOR THE DEAF Appropriation for 11 SCHOOL-BOOKS Uniformity in 53 SCHOOL FUND Distribution of 65 SHARON Charter amended 667 SHURLEY, W. F. AND BONDSMEN Released 701

Page 734

SIMS, S. J. Claims against State by heirs at law of 693 SMYRNA SCHOOL DISTRICT In Cobb county incorporated 297 SNOW SCHOOL DISTRICT In Dooly county incorporated 302 SOLDIERS' HOME Appropriation for 9 SPREAD, TOWN OF Incorporated 668 STATE BANK EXAMINER Stenographer for 699 STATE BOARD OF HEALTH Created 72 STATE CLAIMS How settled 86 STATE DEPOSITORIES Number of 28 In Calhoun 29 In Jesup 30 In Lavonia 30 In Lavonia 31 Bonds of 32 STATE SANITARIUM Appropriation for 10 STATESBORO City court of established 153 Dispensary established 377

Page 735

ST. LOUIS EXPOSITION State exhibit for 697 STREET RAILROAD COMPANIES Authorized to furnish steam heat and power 684 SWAINSBORO, CITY COURT OF Act establishing amended 165 SYLVANIA, CITY COURT OF Act establishign amended 167 Public school system for abolished 305 SUPERIOR COURTS Terms of, in Banks county 48 Terms of, in Chattahoochee county 49 Terms of, in Liberty county 50 Terms of, in Upson county 51 Terms of, in Oconee county 51 T TATTNALL COUNTY Board of commissioners for created 349 TAX On manufacturing plants on county lines 15 Returns where made and tax where payable 16 Special, how collected 17 Franchise due counties and municipalities 18 To pay bonds 20 Ad valorem, Constitutional limit 21 TAXATION Local for public schools 23 TELFAIR COUNTY License fee for retailing liquor 383

Page 736

TENNANTS AND CROPPERS Employment of 91 TENNILLE Charter amended 671 TERRELL COUNTY Officers, compensation of 403 THOMAS COUNTY Game wardens for 404 Hunting and fishing in 405 TOCCOA Charter amended 672 TROVER Defenses in cases of 84 TURPENTINE AND NAVAL STORES Adulterations 77 TWIGGS COUNTY Board of commissioners for, election, etc 353 U UNIFORMITY IN SCHOOL-BOOKS Commission to secure 53 UNIVERSITY OF GEORGIA AND BRANCHES Committee on 692 UNION COUNTY Protection of fish in waters of 406

Page 737

UNFINISHED BUSINESS Of Legislature 706 Of Legislature 707 Of Legislature 707 UPSHAW SCHOOL DISTRICT In Cobb county, charter amended 306 UPSON COUNTY Superior court, terms of 51 Manufacture of liquor in 388 V VAGRANCY Defined 46 W WADLEY Public school system for amended 310 WALTON COUNTY Board of commissioners abolished 354 WARDENS For protection of birds 98 WARESBORO SCHOOL DISTRICT In Ware county incorporated 313 WARRENTON Charter amended 674 WASHINGTON, CITY COURT OF Act establishing amended 169

Page 738

WAYCROSS Charter amended 676 City court of, Act establishing amended 171 WAYNESBORO, CITY COURT OF Established 174 WEBSTER COUNTY Dispensary for authorized 385 WILKES COUNTY Board abolished, a commissioner instead 355 WINNIE DAVIS MEMORIAL HALL Appropriation for 13 Y YEAR'S SUPPORT Out of what property allowed 76

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SUPREME COURT OF GEORGIA. THOMAS J. SIMMONS Chief Justice. WILLIAM H. FISH Presiding Justice. ANDREW J. COBB Associate Justice. JOHN S. CANDLER Associate Justice. JOSEPH R. LAMAR Associate Justice. HENRY G. TURNER Associate Justice. Z. D. HARRISON Clerk. LOGAN BLECKLEY Deputy Clerk. GEO. W. STEVENS Reporter, J. M. GRAHAM Assistant Reporter.

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Superior Court Calendar for 1903. REVISED BY [UNK]Z. D. HARRISON. ALBANY CIRCUIT. W. N. Spence, Camilla, Ga., Judge; W. E. Wooten, Albany, Ga., Solicitor-General. DoughertyFirst Monday in April and October. MitchellTuesday after third Monday in April and October. WorthTuesday after fourth Monday in April and October. BakerThird Monday in March and September. DecaturTuesday after second Monday in May and November. CalhounTuesday after second Monday in June and December. ATLANTA CIRCUIT. J. H. Lumpkin, Atlanta, Ga., Judge; C. D. Hill, Atlanta, Ga., Solicitor-General. FultonFirst Monday in March and September. ATLANTIC CIRCUIT. Paul E. Seabrook, Pineora, Judge; Livingston Kenan, Darien, Ga., Solicitor-General. BryanFirst Monday in May and November. EffinghamSecond Monday in May and November. LibertyFirst Monday in February and first Monday in September. 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. PierceFirst Monday in May and third Monday in November. WayneSecond Monday in May and fourth Monday in November. GlynnThird Monday in May and first Monday in December CHATTAHOOCHEE CIRCUIT. W. B. Butts, Columbus, Ga., Judge; S. Price Gilbert, Columbus, Ga., Solicitor-General. TalbotSecond Monday in March and September. ChattahoocheeFourth Monday in February and August. TaylorFirst Monday in April and October. HarrisSecond Monday in April and October. MarionFourth Monday in April and October. MuscogeeSecond Monday in May and November. CHEROKEE CIRCUIT. A. W. Fite, Cartersville, Ga., Judge; Sam P. Maddox, Dalton, Ga., Solicitor-General. BartowSecond Monday in January and July. CatoosaFirst Monday in February and August. MurrayThird Monday in February and second Monday in August. GordonFourth Monday in February and August. DadeThird Monday in March and September. WhitfieldFirst Monday in April and second Monday in October. COWETA CIRCUIT. S. W. Harris, Carrollton, Ga, Judge; T. A. Atkinson, LaGrange, Ga. Solicitor-General. MeriwetherThird Monday in February and August. CowetaFirst Monday in March and September. HeardThird Monday in March and September. CarrollFirst Monday in April and October. TroupFirst Monday in May and November.

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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 first 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., Solicitor-General. HallThird Monday in January and July. DawsonSecond Monday in February and first Monday in August. RabunFourth Monday in February and August. HabershamFirst Monday in March and September. TownsFourth Monday in March and September. UnionFirst Monday in April and October. WhiteSecond Monday in April and October. LumpkinThird Monday in April and October.

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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, Ga., So-licitor-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. WilcoxThird and fourth Monday in March and September. IrwinFirst and second Monday in March and September. TwiggsSecond 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. 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 November.

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ROME CIRCUIT. W. M. Henry, Rome, Ga., Judge; Moses Wright, Rome, Ga., Solictor-General. ChattoogaSecond Monday 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. 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.

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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 Marchland September. BanksThird Monday in March and September. FranklinTuesday after fourth Monday in March and September. ClarkeSecond Monday in April and October.